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United States · Law · S

S. 735 (104th)

Antiterrorism and Effective Death Penalty Act of 1996

enactedUnited States· United States Congress· EN

Introduced

27 April 1995

Last action

—

Status

Became Public Law No: 104-132.

Sponsors

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Subjects

Discovery layer

Source updated

9 March 2026

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Summary

TABLE OF CONTENTS: Title I: Substantive Criminal Law Enhancements Title II: Combating International Terrorism Title III: Alien Removal Title IV: Control of Fundraising for Terrorism Activities Title V: Assistance to Federal Law Enforcement Agencies Subtitle A: Antiterrorism Assistance Subtitle B: Intelligence Subtitle C: Additional Funding for Law Enforcement Title VI: Terrorist Interdiction Title VII: Criminal Procedural Improvements Subtitle A: Habeas Corpus Reform Subtitle B: Criminal Procedural Improvements Title VIII: Marking of Plastic Explosives Title IX: Miscellaneous Provisions Comprehensive Terrorism Prevention Act of 1995 - Title I: Substantive Criminal Law Enhancements - Amends the Federal criminal code to increase penalties for: (1) conspiracies involving explosives; (2) specified offenses, including the murder of foreign officials, official guests, or internationally protected persons; and (3) the use of explosives or arson. (Sec. 102) Establishes penalties for acts of terrorism transcending national boundaries. Sets forth provisions regarding limits on prosecution, investigative responsibility, evidence, extraterritorial jurisdiction, the statute of limitations, detention, and wiretap authority. (Sec. 103) Sets penalties for: (1) conspiring to kill, kidnap, or maim people in (currently limited to injuring property of) a foreign government; and (2) possessing stolen explosives. Title II: Combating International Terrorism - Amends: (1) the Foreign Assistance Act of 1961 to prohibit assistance to countries that aid, including providing military equipment to, terrorist states; and (2) the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. executive director of each international financial institution to oppose assistance by such institutions to terrorist states. (Sec. 205) Revises 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. Sets a $1 million limit on assistance provided to a foreign country for counterterrorism efforts in any fiscal year, subject to specified conditions. (Sec. 206) Amends the Federal judicial code to provide that a foreign country designated as a state sponsor of terrorism (state sponsor) shall not be immune from the jurisdiction of the U.S. courts. (Sec. 207) Directs the Secretary of State to provide annual reports to the Speaker of the House of Representatives and the Chairman of the Senate Committee on Foreign Relations that include: (1) a list of all products and technologies that could be used to promote or engage in terrorist acts (critical technology) (and prohibits any product or technology manufactured or developed in the United States or by a subsidiary of a U.S. body that is determined to be critical technology from being sold by the U.S. Government or private U.S. commercial interests to a state sponsor to any entity or organization operating within such state); and (2) detailed assessments of any country that provided support for international terrorism, individual country efforts to take effective action against state sponsors, and U.S. Government efforts to implement provisions of the Export Administration Act of 1979 regarding terrorism. Title III: Alien Removal - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal of alien terrorists. Authorizes the Attorney General to take into custody and retain in custody any alien with respect to whom the Attorney General certifies, under seal to a special court (created by this title), that: (1) the Attorney General or Deputy Attorney General has approved of the proceeding under this title; (2) an alien terrorist is physically present in the United States; and (3) removal of such alien terrorist by normal deportation proceedings would pose a risk to U.S. national security by disclosing classified information. Requires the Chief Justice of the United States to publicly designate not more than five judges from up to five U.S. judicial districts to hear and decide cases arising under this title. Sets forth provisions regarding: (1) custody and release pending a hearing; (2) special court procedures; (3) the special removal hearing, including the introduction in camera and ex parte of evidence; (4) deportation determinations; (5) appeals; and (6) extradition of aliens who have committed crimes of violence abroad. (Sec. 303) Revises INA provisions regarding terrorist activities, including the definitions of "terrorism activity," "terrorist organization," and "terrorism." Limits alien access to Government information. (Sec. 304) Authorizes Attorney General access to certain confidential immigration and naturalization files through court order for specified identification and criminal law enforcement purposes. Title IV: Control of Fundraising for Terrorism Activities - Amends the Federal criminal code to authorize the President to regulate or prohibit, within the United States or by any person subject to the jurisdiction of the States anywhere: (1) fundraising or the provision of funds for use by or for the benefit of any foreign organization, including persons assisting such organization in fundraising, that the President has designated as being engaged in terrorism activities; or (2) financial transactions with any such foreign organization. Authorizes the President to designate any foreign organization based on a finding that: (1) the organization engages in terrorism activity; and (2) the organization's terrorism activities threaten the national security, foreign policy, or economy of the United States. Directs the President to prepare and transmit to the Congress a report containing a list of the organizations that the President has determined engage in, or provide support for, terrorism activity. Sets forth provisions regarding revocation of such designation, supplemental reports, and judicial review. Prohibits any person within, or subject to the jurisdiction of, the United States from: (1) raising, receiving, or collecting on behalf of, or providing funds to or for, an organization or person so designated by the President, or attempting to do so; and (2) acting for or on behalf of any such organization or person to transmit, transfer, or receive any funds raised in violation of such provision or to transmit, transfer, or dispose of any funds in which such an organization or person has an interest. Sets forth provisions regarding: (1) authorized transactions (including regulations setting forth procedures to be followed by persons seeking to raise or provide funds for designated organizations and licensing requirements); (2) special requirements for financial institutions; (3) investigations; (4) recordkeeping and reporting and civil actions by the Attorney General; (5) penalties and injunctions; (6) extraterritorial jurisdiction; (7) discovery and introduction of classified information; and (8) penalties for providing material support to terrorists. Title V: Assistance to Federal Law Enforcement Agencies - Subtitle A: Antiterrorism Assistance - Requires the Director of the Federal Bureau of Investigation (FBI) to study all applicable guidelines and laws regulating domestic surveillance and report to the Congress its findings and suggestions for enhancing domestic surveillance in support of investigations. (Sec. 502) Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to furnish to the FBI the names and addresses of all financial institutions at which a consumer maintains or has maintained an account when presented with a written request for that information signed by the Director which certifies compliance with this section. Authorizes such certification only if the Director has determined in writing that such information is necessary for the conduct of an authorized foreign counterintelligence investigation and specified other conditions are met. Sets forth provisions regarding: (1) the furnishing of identifying information by a CRA; (2) court orders for disclosure of consumer reports; (3) confidentiality; (4) payment of fees; (5) limits on dissemination; (6) damages and disciplinary actions for violations, with a good-faith exception; and (7) limitation of remedies and injunctive relief. (Sec. 503) Authorizes administrative subpoenas to be served upon a common carrier or innkeeper determined to have records or other tangible objects that may be relevant to a foreign counterintelligence activity. (Sec. 504) Amends the State Department Basic Authorities Act of 1956 and the Federal criminal code to increase the maximum rewards for information concerning international terrorism. (Sec. 505) Requires the Director to report to the Congress on the effectiveness of Federal provisions regarding providing material support to terrorists. Subtitle B: Intelligence - Directs the Attorney General and the Director to: (1) study all applicable laws and guidelines relating to electronic surveillance and the use of pen registers and other trap and trace devices; and (2) report to the Congress its findings and recommendations for the use of electronic surveillance of terrorist or other criminal organizations and for any legal modifications. (Sec. 512) Amends the Federal criminal code to authorize: (1) wiretapping for terrorism and related offenses; (2) the participation of foreign and State government personnel in interceptions of communications; (3) the disclosure of intercepted communications to foreign law enforcement agencies; and (4) interceptions of communications for specified terrorism-related offenses. Subtitle C: Additional Funding for Law Enforcement - Authorizes appropriations for FY 1996 through 2000 for FBI activities to combat terrorism. Directs the Attorney General, with such funds, to: (1) develop digital telephony technology; (2) support and enhance the technical support center and tactical operations; (3) expand legal attaches; (4) enhance Federal wireless communications and antenna site lease shortfall; (5) expand and improve the instructional, operational support, and construction of the FBI academy; (6) expand and improve investigative and managerial training courses for State, Indian tribal, and local law enforcement agencies; (7) construct an FBI laboratory and provide laboratory examination support; and (8) create a special FBI counterterrorism and counterintelligence fund for costs associated with terrorism cases. (Sec. 522) Authorizes additional appropriations for the U.S. Customs Service and the Immigration and Naturalization Service. (Sec. 524) Authorizes appropriations to the Drug Enforcement Administration for FY 1996 through 2000. Directs the Attorney General, with such funds, to: (1) fund permanent change of station transfers for special agent personnel; (2) establish and maintain an adequate motor vehicle base; and (3) purchase aircraft and replacement parts. (Sec. 525) Directs the Attorney General to hire additional Assistant U.S. Attorneys. Authorizes additional appropriations for the Department of Justice. (Sec. 526) Permits funding for authorizations provided in this subtitle to be paid for out of the Crime Control Trust Fund. Title VI: Terrorist Interdiction - Directs the Secretary of State to implement an upgrade of all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities. Declares that the Department of State shall be considered a law enforcement agency for purposes of access to the National Crime Information Center and other FBI criminal records with respect to functions involving the processing of visas and passports and for other immigration-related purposes. Amends the INA to make membership in a terrorist organization a basis for exclusion from the United States. Sets forth provisions regarding the use of the Automated Visa Lookout System and the convening of an Accountability Review Board with respect to the processing of visas for admission into the United States. Title VII: Criminal Procedural Improvements - Subtitle A: 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. 702) 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, an 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 Federal constitutional right. Requires the certificate to indicate which specific issue or issues satisfy the showing. 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. Requires that a second or successive motion be certified by a panel of the appropriate Federal Court of Appeals to contain: (1) newly discovered evidence sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable. (Sec. 706) Sets further limitations on second or successive petitions. (Sec. 707) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of a petition for a writ of habeas corpus brought in a capital case within 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 application within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Sets forth provisions regarding failure to render a timely determination. Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. Subtitle B: Criminal Procedural Improvements - Grants U.S. courts jurisdiction over an offense of: (1) aircraft piracy if a U.S. national was aboard the aircraft, an offender is a U.S. national, or an offender is afterwards found in the United States; and (2) destruction of aircraft or aircraft facilities if a U.S. national was or would have been on board the aircraft, an offender is a U.S. national, or an offender is afterwards found in the United States. (Sec. 722) 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 the special maritime and territorial jurisdiction of the United States. Provides that whoever commits on, above, or below any portion of the U.S. territorial sea specified crimes which would be punishable if committed within the jurisdiction of the State, territory, possession or district in which it is situated, shall be guilty of a like offense and subject to a like punishment. (Sec. 723) Makes exceptions to foreign sovereign immunity in certain cases involving acts of international terrorism, torture, extrajudicial killing, aircraft sabotage, hostage taking, and genocide in a foreign state. (Sec. 724) Adds: (1) foreign murder as a money laundering predicate offense; (2) terrorist offenses to the Racketeer Influenced and Corrupt Organizations (RICO) statute; (3) terrorism offenses to the money laundering statute; and (4) conspiracy to terrorism offenses. (Sec. 725) Expands the weapons of mass destruction statute to set penalties with respect to any U.S. national who, outside of the United States, uses, threatens, attempts, or conspires to use, a weapon of mass destruction. Includes within the definition of "weapon of mass destruction" any poisonous chemical agent or substance, regardless of form or delivery system, designed for or capable of causing widespread death or injury. (Sec. 731) Provides for pretrial detention for possession of firearms or explosives by convicted felons. Title VIII: Marking of Plastic Explosives - 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 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. Sets forth: (1) penalties for violation of this title; and (2) affirmative defenses. Directs the Attorney General to exercise authority over violations of this title only when committed by a member of a terrorist or revolutionary group (and, in such case, the Attorney General shall have primary investigative responsibility). (Sec. 802) Requires the Secretary of the Treasury to direct the Director of the Bureau of Alcohol, Tobacco, and Firearms to study and report to the Congress on the tagging of explosive materials for purposes of identification and detection, the possibility and practicality of rendering inert common chemicals used in manufacturing explosives, and the feasibility of imposing controls on certain precursor chemicals used to manufacture explosives. Title IX: Miscellaneous Provisions - Provides for severability of provisions of this Act.

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