9/11 Recommendations Implementation Act: Comparison of the Criminal Law and Procedure Provisions in H.R. 10 and S. 2845 as Passed by Their Respective Houses (CRS Report for Congress)
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| Release Date |
Oct. 12, 2004 |
| Report Number |
RL32632 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
This is a brief description of the substantive criminal law and procedures provisions of the
House-passed version of H.R. 10 . They have no equal in Senate-passed S. 2845 . . The provisions are largely devoted to increasing the penalties for various existing terrorist
crimes and increasing the jurisdictional circumstances under which they may be prosecuted under
federal law. The provisions include "lone wolf" FISA and grand jury information
sharing
amendments; increased penalties for hoaxes and obstructions of justice in terrorism cases, for
identification offenses, and for smuggling aliens; clarification and expansion of terrorist support
offenses, crimes involving weapons of mass destruction, and counterfeiting offenses.
Moreover, the provisions increase the penalties and expand the jurisdictional reach of federal
crimes barring the production, traffic in, and use as terrorist weapons of anti-aircraft missiles, atomic
weapons, radiological dispersal devices, and smallpox virus. They merge the train wrecking and
mass transit attacks proscriptions of existing law. They establish capital punishment as a permissible
sanction for those existing federal terrorist crimes resulting in death that do not already carry the
death penalty, deny federal benefits to terrorists, and make the 1994 death penalty procedures
retroactively applicable to certain air piracy offenses committed after enactment of the 1974 capital
punishment procedures. They establish a no-bail presumption for terrorists and subject terrorists to
post-imprisonment supervision for life.
This report will be revised as appropriate and is available in an abridged version as CRS Report RS21952(pdf) , The 9/11 Recommendations Implementation Act: An Abridged Comparison of H.R.
10 and S. 2845 as Passed by Their Respective Houses .
