Effective Death Penalty and Antiterrorism Act of 1995

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

Effective Death Penalty and Antiterrorism Act of 1995 - 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) threats to assault, kidnap, or murder former Federal officers and employees.

(Sec. 102) Sets penalties for providing material support to terrorist organizations.

(Sec. 103) Modifies a provision setting penalties for providing material support to terrorists, including: (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) Establishes 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, and other Federal law). Directs the Secretary of the Treasury to assist the Attorney General at the Attorney General's request.

(Sec. 105) Sets penalties for conspiring to kill, kidnap, maim, or injure people in (currently, limited to injuring property of) a foreign government.

(Sec. 106) Makes penalties for 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.

Sets penalties (including the death penalty, if death results) for 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 National Institute of Justice (NIJ) to study and report to the Congress on a methodology for determining what ammunition, designed for handguns, is capable of penetrating police body armor.

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 include situations where the transferor has reasonable cause to believe that it will be used for such purpose. Subjects 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 U.S. Sentencing Commission to amend the sentencing guidelines so that the adjustment relating to international terrorism only applies to Federal crimes of terrorism.

Title III: Investigative Tools - Amends the Federal criminal code to authorize the use of pen registers and trap and trace devices in foreign counterintelligence investigations.

(Sec. 302) Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which the consumer maintains or has maintained an account when presented with a written request for that information, signed by the FBI Director or the Director's designee (Director), which certifies compliance with this section. Permits the Director to make such certification only upon determining in writing 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 an agent of a foreign power and is engaging in or has engaged in international terrorism or clandestine intelligence activities that involve a violation of U.S. criminal statutes.

Sets forth provisions regarding CRA furnishing of identifying information respecting a consumer, court orders for disclosure of consumer reports, confidentiality, payment of fees, limits on dissemination, reporting requirements, damages and disciplinary actions for violations (with a good faith exception), limitation of remedies, and injunctive relief.

(Sec. 303) Amends the Federal criminal code to authorize a court or magistrate judge, upon application of the FBI Director, to issue an order ex parte directing any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to furnish any records in its possession to the FBI. Directs the court or magistrate judge to issue the order upon finding that such records are sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of U.S. criminal statutes. Specifies that such an order shall not disclose that it is issued for purposes of a counterintelligence investigation. Sets forth provisions regarding limits on, and penalties for, disclosure.

(Sec. 304) 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.

(Sec. 305) Makes the statutory exclusionary rule concerning intercepted wire or oral communications inapplicable to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication or evidence derived therefrom if any law enforcement officers who intercepted the communication or gathered the evidence acted with the reasonably objective belief that their actions were in compliance with Federal criminal code provisions.

(Sec. 307) Revises wiretapping provisions to direct that an order authorizing interception require the attorney for the Government to file a report with the issuing judge within 15 days after the interception has begun, but specifies that no other reports shall be made to the judge.

(Sec. 308) Sets forth provisions regarding: (1) access to telephone billing records by law enforcement agencies (including provision for a civil remedy and disciplinary action for violations); and (2) a requirement for providers of wire or electronic communication services to preserve record evidence.

(Sec. 310) 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. 311) Repeals Federal criminal code provisions regarding rewards. Authorizes the Attorney General to pay rewards and receive from any department or agency funds for the payment of rewards to any individual who provides any information unknown to the Government leading to the arrest or prosecution of any individual for Federal felony offenses. Requires the Attorney General to give notice to the Senate and House of Representatives if the reward exceeds $100,000. Specifies that the Attorney General's decision whether to authorize an award shall not be subject to judicial review.

Sets forth provisions regarding protection of the identity of the recipient of a reward or of the members of the recipient's immediate family. Bars any officer or employee of any governmental entity from receiving a reward for conduct in performance of official duties. Permits the participation of any individual (and his or her immediate family) who furnishes information which would justify a reward, at the Attorney General's discretion, in the witness security program.

(Sec. 312) 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. 313) 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 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. 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 - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal of alien terrorists.

Requires the Chief Justice of the United States to publicly designate five district court judges to constitute a court with jurisdiction to conduct all special removal proceedings. Makes provisions of the Foreign Intelligence Surveillance Act of 1978 applicable to proceedings under this title. Directs the special removal court to provide for the designation of a panel of attorneys, each of whom has a security clearance and has agreed to represent permanent resident aliens with respect to classified information.

Sets forth provisions regarding: (1) applications for initiation of a special removal proceeding; (2) consideration of the applications; (3) the conduct of special removal hearings, including provision for a public hearing, the right of aliens to counsel, rules of evidence, and the burden of proof; (4) consideration of classified information; (5) appeals; and (6) detention and custody, including criminal penalties for reentry of alien terrorists and elimination of custody review by habeas corpus.

(Sec. 602) Authorizes appropriations to the Immigration and Naturalization Service for the purpose of detaining and deporting alien terrorists.

Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Makes membership in a terrorist organization a ground for exclusion. Defines "terrorist organization" as a foreign organization designated in the Federal Register as a terrorist organization by the Secretary of State, in consultation with the Attorney General, based upon a finding that the organization engages in, or has engaged in, terrorist activity that threatens U.S. national security. Sets forth provisions regarding the process for making such a designation, judicial review, the authority of the Congress and such Secretary to remove the designation, and sunset provisions.

(Sec. 612) Denies asylum to alien terrorists. Denies other specified 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 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 Immigration and Naturalization Service.

(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 expand the criteria for deportation for crimes of moral turpitude.

(Sec. 670) Makes local governments eligible for specified alien incarceration reimbursement assistance under the VCCLEA.

(Sec. 671) Amends the INA to permit the use of electronic and telephonic media in deportation hearings.

(Sec. 673) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico.

(Sec. 674) 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. 675) 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. 676) Directs the Attorney General and the Commissioner of Immigration and Naturalization to develop an interior (home country) repatriation program.

(Sec. 677) Amends the INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion.

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 NIJ Science and Technology Office to: (1) develop technologies that can be used to combat terrorism, and standards to ensure the adequacy of products produced and compatibility with relevant national systems; and (2) identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism.

Title VIII: Miscellaneous - Directs the Secretary of the Treasury 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.

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 conduct a 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) 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 FBI Director 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.

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 factfinder 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 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.