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Congress & the Middle East: Antiterrorism and Effective Death Penalty Act

(April 18, 1996)

In April 1996, the Senate and House passed S.735 - the Antiterrorism and Effective Death Penalty Act - which implemented certain strictures with regard to habeus corpus, mandatory victim restitution in terrorism cases and set the jurisdiction for lawsuits against terrorist states. The bill was designed in the wake of terrorist attacks on the U.S. homeland in 1993 (World Trade Center) and 1995 (Oklahoma City). President Clinton signed the bill into law on April 24, 1996 (Public Law No. 104-132).


An Act

To deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


    This Act may be cited as the ‘Antiterrorism and Effective Death Penalty Act of 1996’.


    The table of contents of this Act is as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.


      Sec. 101. Filing deadlines.

      Sec. 102. Appeal.

      Sec. 103. Amendment of Federal Rules of Appellate Procedure.

      Sec. 104. Section 2254 amendments.

      Sec. 105. Section 2255 amendments.

      Sec. 106. Limits on second or successive applications.

      Sec. 107. Death penalty litigation procedures.

      Sec. 108. Technical amendment.


Subtitle A--Mandatory Victim Restitution

      Sec. 201. Short title.

      Sec. 202. Order of restitution.

      Sec. 203. Conditions of probation.

      Sec. 204. Mandatory restitution.

      Sec. 205. Order of restitution to victims of other crimes.

      Sec. 206. Procedure for issuance of restitution order.

      Sec. 207. Procedure for enforcement of fine or restitution order.

      Sec. 208. Instruction to Sentencing Commission.

      Sec. 209. Justice Department regulations.

      Sec. 210. Special assessments on convicted persons.

      Sec. 211. Effective date.

Subtitle B--Jurisdiction for Lawsuits Against Terrorist States

      Sec. 221. Jurisdiction for lawsuits against terrorist states.

Subtitle C--Assistance to Victims of Terrorism

      Sec. 231. Short title.

      Sec. 232. Victims of Terrorism Act.

      Sec. 233. Compensation of victims of terrorism.

      Sec. 234. Crime victims fund.

      Sec. 235. Closed circuit televised court proceedings for victims of crime.

      Sec. 236. Technical correction.


Subtitle A--Prohibition on International Terrorist Fundraising

      Sec. 301. Findings and purpose.

      Sec. 302. Designation of foreign terrorist organizations.

      Sec. 303. Prohibition on terrorist fundraising.

Subtitle B--Prohibition on Assistance to Terrorist States

      Sec. 321. Financial transactions with terrorists.

      Sec. 322. Foreign air travel safety.

      Sec. 323. Modification of material support provision.

      Sec. 324. Findings.

      Sec. 325. Prohibition on assistance to countries that aid terrorist states.

      Sec. 326. Prohibition on assistance to countries that provide military equipment to terrorist states.

      Sec. 327. Opposition to assistance by international financial institutions to terrorist states.

      Sec. 328. Antiterrorism assistance.

      Sec. 329. Definition of assistance.

      Sec. 330. Prohibition on assistance under Arms Export Control Act for countries not cooperating fully with United States antiterrorism efforts.


Subtitle A--Removal of Alien Terrorists

      Sec. 401. Alien terrorist removal.

Subtitle B--Exclusion of Members and Representatives of Terrorist Organizations

      Sec. 411. Exclusion of alien terrorists.

      Sec. 412. Waiver authority concerning notice of denial of application for visas.

      Sec. 413. Denial of other relief for alien terrorists.

      Sec. 414. Exclusion of aliens who have not been inspected and admitted.

Subtitle C--Modification to Asylum Procedures

      Sec. 421. Denial of asylum to alien terrorists.

      Sec. 422. Inspection and exclusion by immigration officers.

      Sec. 423. Judicial review.

Subtitle D--Criminal Alien Procedural Improvements

      Sec. 431. Access to certain confidential immigration and naturalization files through court order.

      Sec. 432. Criminal alien identification system.

      Sec. 433. Establishing certain alien smuggling-related crimes as RICO-predicate offenses.

      Sec. 434. Authority for alien smuggling investigations.

      Sec. 435. Expansion of criteria for deportation for crimes of moral turpitude.

      Sec. 436. Miscellaneous provisions.

      Sec. 437. Interior repatriation program.

      Sec. 438. Deportation of nonviolent offenders prior to completion of sentence of imprisonment.

      Sec. 439. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens.

      Sec. 440. Criminal alien removal.

      Sec. 441. Limitation on collateral attacks on underlying deportation order.

      Sec. 442. Deportation procedures for certain criminal aliens who are not permanent residents.

      Sec. 443. Extradition of aliens.


Subtitle A--Nuclear Materials

      Sec. 501. Findings and purpose.

      Sec. 502. Expansion of scope and jurisdictional bases of nuclear materials prohibitions.

      Sec. 503. Report to Congress on thefts of explosive materials from armories.

Subtitle B--Biological Weapons Restrictions

      Sec. 511. Enhanced penalties and control of biological agents.

Subtitle C--Chemical Weapons Restrictions

      Sec. 521. Chemical weapons of mass destruction; study of facility for training and evaluation of personnel who respond to use of chemical or biological weapons in urban and suburban areas.


      Sec. 601. Findings and purposes.

      Sec. 602. Definitions.

      Sec. 603. Requirement of detection agents for plastic explosives.

      Sec. 604. Criminal sanctions.

      Sec. 605. Exceptions.

      Sec. 606. Seizure and forfeiture of plastic explosives.

      Sec. 607. Effective date.


Subtitle A--Crimes and Penalties

      Sec. 701. Increased penalty for conspiracies involving explosives.

      Sec. 702. Acts of terrorism transcending national boundaries.

      Sec. 703. Expansion of provision relating to destruction or injury of property within special maritime and territorial jurisdiction.

      Sec. 704. Conspiracy to harm people and property overseas.

      Sec. 705. Increased penalties for certain terrorism crimes.

      Sec. 706. Mandatory penalty for transferring an explosive material knowing that it will be used to commit a crime of violence.

      Sec. 707. Possession of stolen explosives prohibited.

      Sec. 708. Enhanced penalties for use of explosives or arson crimes.

      Sec. 709. Determination of constitutionality of restricting the dissemination of bomb-making instructional materials.

Subtitle B--Criminal Procedures

      Sec. 721. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.

      Sec. 722. Clarification of maritime violence jurisdiction.

      Sec. 723. Increased and alternate conspiracy penalties for terrorism offenses.

      Sec. 724. Clarification of Federal jurisdiction over bomb threats.

      Sec. 725. Expansion and modification of weapons of mass destruction statute.

      Sec. 726. Addition of terrorism offenses to the money laundering statute.

      Sec. 727. Protection of Federal employees; protection of current or former officials, officers, or employees of the United States.

      Sec. 728. Death penalty aggravating factor.

      Sec. 729. Detention hearing.

      Sec. 730. Directions to Sentencing Commission.

      Sec. 731. Exclusion of certain types of information from definitions.

      Sec. 732. Marking, rendering inert, and licensing of explosive materials.


Subtitle A--Resources and Security

      Sec. 801. Overseas law enforcement training activities.

      Sec. 802. Sense of Congress.

      Sec. 803. Protection of Federal Government buildings in the District of Columbia.

      Sec. 804. Requirement to preserve record evidence.

      Sec. 805. Deterrent against terrorist activity damaging a Federal interest computer.

      Sec. 806. Commission on the Advancement of Federal Law Enforcement.

      Sec. 807. Combatting international counterfeiting of United States currency.

      Sec. 808. Compilation of statistics relating to intimidation of Government employees.

      Sec. 809. Assessing and reducing the threat to law enforcement officers from the criminal use of firearms and ammunition.

      Sec. 810. Study and report on electronic surveillance.

Subtitle B--Funding Authorizations for Law Enforcement

      Sec. 811. Federal Bureau of Investigation.

      Sec. 812. United States Customs Service.

      Sec. 813. Immigration and Naturalization Service.

      Sec. 814. Drug Enforcement Administration.

      Sec. 815. Department of Justice.

      Sec. 816. Department of the Treasury.

      Sec. 817. United States Park Police.

      Sec. 818. The Judiciary.

      Sec. 819. Local firefighter and emergency services training.

      Sec. 820. Assistance to foreign countries to procure explosive detection devices and other counterterrorism technology.

      Sec. 821. Research and development to support counterterrorism technologies.

      Sec. 822. Grants to State and local law enforcement for training and equipment.

      Sec. 823. Funding source.


      Sec. 901. Expansion of territorial sea.

      Sec. 902. Proof of citizenship.

      Sec. 903. Representation fees in criminal cases.

      Sec. 904. Severability.


Sources: Library of Congress