Effective Counterterrorism Act of 1996

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: Removal Procedures for Alien Terrorists

Title VII: Authorization and Funding

Title VIII: Miscellaneous

Effective Counterterrorism Act of 1996 - Title I: Criminal Acts - Amends the Federal criminal code to set penalties for: (1) killing or attempting to kill any U.S. officer engaged in, or on account of, the performance of official duties or any person assisting such an officer or employee; and (2) threats to assault, kidnap, or murder former Federal officers and employees.

(Sec. 102) Sets penalties for providing material support to terrorist organizations. Defines "terrorist organization" as a foreign organization designated in the Federal Register as a terrorist organization by the Secretary of State based upon a finding that the organization engages in, or has engaged in, terrorist activity that threatens U.S. national security. Establishes a process for making such designation. Sets forth provisions regarding judicial review, congressional and other authority to remove such designation, and sunset provisions.

(Sec. 103) Modifies a provision setting penalties for providing material support to terrorists, including by: (1) eliminating language that excludes from the definition of "material support or resources" humanitarian assistance to persons not directly involved in violations; and (2) adding language to exclude from such definition medicine or religious materials.

(Sec. 104) Sets penalties for: (1) receiving material support from terrorist organizations or countries supporting terrorism; (2) acts of terrorism against children; and (3) conspiring to kill kidnap, maim, or injure people in (currently, limited to injuring property of) a foreign government.

(Sec. 107) 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. 108) Modifies provisions regarding the use of weapons of mass destruction to include threats to use such weapons and to specify that: (1) to violate such provisions, such use must be without lawful authority; and (2) the results of such use must affect 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 (of up to life imprisonment) 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. 109) Adds terrorism offenses to the money laundering statute.

(Sec. 110) Expands Federal jurisdiction over bomb threats.

(Sec. 111) 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. 112) Prohibits the possession, or pledge or acceptance as security for a loan, of stolen explosive materials moving in interstate or foreign commerce.

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) Subjects whoever knowingly transfers explosive materials, knowing 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.

Title III: Investigative Tools - Requires the Secretary of the Treasury (Secretary) to conduct a study concerning: (1) the tagging of explosive materials for purposes of detection and identification; (2) technology for devices to improve the detection of explosives materials; (3) whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it; and (4) whether controls can be imposed on certain precursor chemicals used to manufacture explosive materials and whether it is feasible to require it. Prohibits such study from including black powder or smokeless powder among the materials it concerns.

(Sec. 302) Amends the Federal criminal code to require providers of wire or electronic communication services to preserve record evidence.

(Sec. 303) Provides that, except for good cause, a continuance on motion of: (1) the person in a detention hearing may not exceed five days; and (2) the attorney for the Government may not exceed three days (as under current law), excluding any intermediate Saturday, Sunday, or legal holiday.

(Sec. 304) 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. 305) Authorizes the Attorney General to prohibit: (1) vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia which is wholly or partly owned, possessed, used by, or leased to the Federal Government, and used by Federal law enforcement authorities; and (2) any person or entity from conducting business on any property immediately adjacent to any such building.

(Sec. 306) Directs the Attorney General to study and report to the Congress on the extent of thefts from military arsenals of firearms, explosives, and other materials that are potentially useful to terrorists.

Title IV: Nuclear Materials - Amends the Federal criminal code to expand the scope of provisions regarding prohibited transactions involving nuclear materials (for example, to include nuclear byproduct material) and the jurisdictional bases (such as to cover a situation where an offender or a victim is a U.S. national or a U.S. corporation or other legal entity).

Title V: Convention on the Marking of Plastic Explosives - Amends the Federal criminal code to prohibit (with exceptions) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent. Prohibits any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this title from failing to report to the Secretary the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe.

(Sec. 503) Sets forth: (1) penalties for violations of this title; and (2) affirmative defenses.

Title VI: 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.

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, and rules of evidence; (4) treatment of classified information; and (5) appeals.

Title VII: Authorization and Funding - Authorizes the Attorney General to award grants to provide specialized training or equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. Authorizes appropriations for FY 1996.

(Sec. 702) Authorizes appropriations for FY 1996 and 1997 to the President to provide to foreign countries facing an imminent danger of terrorist attack that threatens the U.S. national interest or puts U.S. nationals at risk assistance in: (1) obtaining explosive detection devices and other counter-terrorism technology; and (2) conducting research and development projects on such technology.

(Sec. 703) Authorizes appropriations to the National Institute of Justice Science and Technology Office to: (1) develop technologies that can be used to combat terrorism 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.

(Sec. 704) Authorizes appropriations for each of FY 1996 through 2000 to the Federal Bureau of Investigation (FBI) to: (1) hire additional personnel and procure equipment to support expanded investigations of domestic and international terrorism activities; (2) establish a Domestic Counterterrorism Center to coordinate and centralize Federal, State, and local law enforcement efforts in response to major terrorist incidents and to serve as a clearinghouse for all domestic and international terrorism information and intelligence; and (3) cover costs associated with providing law enforcement coverage of public events offering the potential of being targeted by domestic or international terrorists.

Title VIII: Miscellaneous - Directs the Secretary to study and report to the Congress on State licensing requirements for the purchase and use of commercial high explosives.

(Sec. 802) Amends the Victims of Crime Act of 1984 to provide for the compensation of victims of terrorism.

(Sec. 803) Amends the Federal judicial code to make an exception to foreign sovereign immunity in certain cases in which money damages are sought against a foreign state for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act, where undertaken by an official, employee, or agent of a foreign country while acting within the scope of his office, employment, or agency.

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: (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. 805) 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.