Antiterrorism Amendments Act of 1995

Summary

TABLE OF CONTENTS: Title I: Substantive Investigative Enhancements Title II: Substantive Prosecutive Enhancements Title III: Criminal Penalties Title IV: Funding Antiterrorism Amendments Act of 1995 - Title I: Substantive Investigative Enhancements - Amends the Federal criminal code to apply provisions regarding pen registers and trap and trace devices to foreign counterintelligence and international terrorism investigations conducted by the Federal Bureau of Investigation (FBI). (Sec. 102) Amends the Fair Credit Reporting Act to require a consumer reporting agency 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 such information, signed by the Director of the FBI, which certifies compliance with this section. Authorizes the Director to make such a certification if: (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 a foreign agent and is engaging or has engaged in international terrorism or clandestine intelligence activities that involve a violation of U.S. criminal statutes. Sets forth provisions regarding: (1) identifying information; (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. 103) Directs the Secretary of the Treasury to conduct a study and make recommendations concerning: (1) the tagging of explosive materials for purposes of detection and identification; (2) whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it; and (3) whether controls can be imposed on certain precursor chemicals used to manufacture explosive materials and whether it is feasible to require it. Authorizes appropriations. Prohibits the manufacture, possession, transfer, or distribution of any explosive material that does not contain a tracer element. (Sec. 104) Requires any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to comply with a request for records in its possession by the FBI under specified circumstances. (Sec. 105) Makes the statutory exclusionary rule on the use as evidence of 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, unless the violation involved bad faith by law enforcement. (Sec. 106) Grants: (1) wiretap authority in cases of terrorism- related or explosives felonies; (2) temporary emergency wiretap authority involving terrorism crimes; and (3) general reward authority to the Attorney General. (Sec. 108) Sets forth provisions regarding: (1) expanded authority for roving wiretaps; (2) enhanced access to telephone billing records; (3) a requirement for providers of wire, electronic communication, or remote computing services to preserve evidence; and (4) permission to request military assistance regarding offenses involving chemical and biological weapons. Sets penalties for the use of chemical weapons. Title II: Substantive Prosecutive Enhancement - Revises provisions regarding: (1) the receipt of stolen explosives to prohibit the possession, or pledge or acceptance as security for a loan, of stolen explosive materials moving in interstate or foreign commerce; and (2) protection of Federal officers and employees to include within the scope of penalties the murder or attempted murder of any U.S. official, judge, Federal law enforcement officer, or member of the uniformed services, or any other U.S. official or employee or agency of the executive, legislative, or judicial branch while engaged in, or on account of, the performance of official duties. Title III: Criminal Penalties - Revises provisions regarding penalties for transferring a firearm knowing that it will be used to commit a crime of violence to: (1) cover such a transfer having reasonable cause to believe that it will be used for such purpose; and (2) provide for not less (currently, not more) than ten years' imprisonment for such offense. (Sec. 302) Provides for not less than ten years' imprisonment for transferring an explosive material, knowing or having reasonable cause to believe that such material will be used to commit a crime of violence or drug trafficking crime. (Sec. 303) Amends the Internal Revenue Code to increase the period of limitations under the National Firearms Act. Title IV: Funding - Amends the Communications Assistance for Law Enforcement Act to direct that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each civil monetary penalty at the time it is assessed by the United States or an agency thereof, with exceptions. Specifies that payments relating to a civil monetary penalty be applied, in the following order, to: (1) costs; (2) principal; (3) such surcharges; and (4) interest. Establishes in the Treasury the Department of Justice Telecommunications Carrier Compliance Fund.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 15 May 1995

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• Introduced in House (PDF)

  Introduced in House · EN · 15 May 1995

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• Introduced in House

  summary · EN · 15 May 1995

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