Pub.L. 104-133 To amend the Indian Self-Determination and Education Assistance Act to extend for two months the authority for promulgating regulations under the Act. <> ...

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          ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996

[[Page 110 STAT. 1214]]

Public Law 104-132
104th Congress

                                 An Act


 
    To deter terrorism, provide justice for victims, provide for an 
   effective death penalty, and for other purposes. <<NOTE: Apr. 24, 
                           1996 -  [S. 735]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Antiterrorism 
and Effective Death Penalty Act of 1996.>> 

SECTION 1. <<NOTE: 18 USC 1 note.>>  SHORT TITLE.

    This Act may be cited as the ``Antiterrorism and Effective Death 
Penalty Act of 1996''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                      TITLE I--HABEAS CORPUS REFORM

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.

                      TITLE II--JUSTICE FOR VICTIMS

                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.

             TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS

     Subtitle A--Prohibition on International Terrorist Fundraising

Sec. 301. Findings and purpose.

[[Page 110 STAT. 1215]]

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.

      TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION

                 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.

     TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS

                      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.

[[Page 110 STAT. 1216]]

        TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

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.

       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

                    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.

                TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

                   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.

[[Page 110 STAT. 1217]]

Sec. 822. Grants to State and local law enforcement for training and 
           equipment.
Sec. 823. Funding source.

                         TITLE IX--MISCELLANEOUS

Sec. 901. Expansion of territorial sea.
Sec. 902. Proof of citizenship.
Sec. 903. Representation fees in criminal cases.
Sec. 904. Severability.

TITLE I--HABEAS CORPUS REFORM <<NOTE: Courts.>> 

SEC. 101. FILING DEADLINES.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d)(1) A 1-year period of limitation shall apply to an application 
for a writ of habeas corpus by a person in custody pursuant to the 
judgment of a State court. The limitation period shall run from the 
latest of--
            ``(A) the date on which the judgment became final by the 
        conclusion of direct review or the expiration of the time for 
        seeking such review;
            ``(B) the date on which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, if the 
        applicant was prevented from filing by such State action;
            ``(C) the date on which the constitutional right asserted 
        was initially recognized by the Supreme Court, if the right has 
        been newly recognized by the Supreme Court and made 
        retroactively applicable to cases on collateral review; or
            ``(D) the date on which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of due diligence.

    ``(2) The time during which a properly filed application for State 
post-conviction or other collateral review with respect to the pertinent 
judgment or claim is pending shall not be counted toward any period of 

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