Comprehensive Antiterrorism Act of 1995

Summary

TABLE OF CONTENTS: Title I: New Offenses Title II: Increased Penalties Title III: Investigative Tools Title IV: Nuclear Materials Title V: Convention on the Marking of Plastic Explosives Title VI: Immigration-Related Provisions Subtitle A: Removal of Alien Terrorists Subtitle B: Expedited Exclusion Subtitle C: Improved Information and Processing Title VII: Funding Comprehensive Antiterrorism Act of 1995 - Title I: New Offenses - 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 financial support to terrorist organizations. (Sec. 103) Modifies a provision setting penalties for providing material support to terrorists, including eliminating language that excludes from the definition of "material support or resources" humanitarian assistance to persons not directly involved in violations. (Sec. 104) Establishes penalties for acts of terrorism transcending national boundaries. Sets forth provisions regarding limits on prosecution, proof requirements, extraterritorial jurisdiction, the statute of limitations, and detention. (Sec. 105) Sets penalties for conspiring to kill, kidnap, maim, or injure people in (currently, limited to injuring property of) a foreign government. (Sec. 106) 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. 107) Modifies provisions regarding the use of weapons of mass destruction to include threats to use such weapons and to specify that, to violate such provisions, such use must be without lawful authority and the results of such use must affect (or in the case of a threat, attempt, or conspiracy, would have affected) 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 (including the death penalty, if death results) 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. 108) Adds terrorism offenses to the money laundering statute. (Sec. 109) Expands Federal jurisdiction over bomb threats. (Sec. 110) 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. 111) 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. (Sec. 202) Increases penalties for explosives conspiracies. (Sec. 203) Sets penalties for conspiring to commit various terrorism-related offenses. (Sec. 204) Revises provisions regarding transferring a firearm knowing that it will be used to commit a crime of violence to include situations where the transferor has reasonable cause to believe that it will be used for such purpose. Subjects violators to the same penalties as may be imposed on a transferee for a first conviction for the use or carrying of the firearm. (Sec. 205) Subjects whoever transfers explosive materials, knowing or having reasonable cause to believe that such materials will be used to commit a crime of violence or drug trafficking crime, to the same penalties as may be imposed on a transferee for a first conviction for the use or carrying of the explosive materials. (Sec. 206) Directs the U.S. Sentencing Commission to amend the sentencing guidelines so that the adjustment relating to international terrorism also applies to domestic terrorism. Title III: Investigative Tools - Amends the Federal criminal code to authorize interceptions of communications in certain terrorism-related offenses. Mandates that the order require the attorney for the Government to file a report with the judge who issued the order 15 days after the interception has begun. (Sec. 302) Authorizes the use of pen registers and trap and trace devices in foreign counterintelligence investigations. (Sec. 303) Amends the Federal judicial code to require a consumer reporting agency (CRA) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which the 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 such certification upon a written determination by that official that: (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 an agent of a foreign power and is engaging in or has engaged in international terrorism or clandestine intelligence activities that involve a violation of U.S. criminal statutes. Sets forth provisions regarding CRA furnishing of identifying information respecting a consumer, court orders for disclosure of consumer reports, confidentiality, payment of fees, limits on dissemination, damages and disciplinary actions for violations (with a good faith exception), limits on remedies, and injunctive relief. (Sec. 304) Amends the Federal criminal code to require 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 when the Director certifies in writing that such records are sought for foreign counterintelligence purposes and there are specific and articulable facts giving reason to believe that the person to whom the records pertain is an agent of a foreign power. Sets forth provisions regarding limits, and termination of prohibitions, on disclosure. (Sec. 305) Requires the Attorney General to conduct a study 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. (Sec. 306) Makes the statutory exclusionary rule concerning 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. 308) Grants temporary emergency wiretap authority involving terrorist crimes and expanded authority for roving wiretaps. (Sec. 310) Sets forth provisions regarding: (1) enhanced access to telephone billing records; (2) a requirement for providers of wire or electronic communication services to preserve evidence; and (3) military assistance regarding offenses involving weapons of mass destruction. (Sec. 313) Provides that, except for good cause, a continuance on motion of the person in a detention hearing may not exceed five days and a continuance on motion of the attorney for the Government may not exceed three days (as under current law), not including any intermediate Saturday, Sunday, or legal holiday. (Sec. 314) 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. Makes the Attorney General's decision whether to authorize an award unreviewable. 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. 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 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. (Sec. 503) Sets forth: (1) penalties for violations of this title; and (2) affirmative defenses. (Sec. 505) Grants the Attorney General exclusive authority to conduct investigations with respect to violations of this title to the extent such violations appear to be terrorism. Permits the Secretary, upon request, to assist in such investigations. Title VI: Immigration-Related Provisions - Subtitle A: Removal of Alien Terrorists - Part 1: 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. Directs the special removal court to provide for the designation of a panel of attorneys, each of whom has a security clearance and has agreed to represent permanent resident aliens with respect to classified information. 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, rules of evidence, and the burden of proof; (4) consideration of classified information; (5) appeals; and (6) detention and custody, including criminal penalties for reentry of alien terrorists and elimination of custody review by habeas corpus. (Sec. 602) Authorizes appropriations to the Immigration and Naturalization Service for the purpose of detaining and deporting alien terrorists. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Makes membership in a terrorist organization a ground for exclusion. Defines "terrorist organization" as a foreign organization designated in the Federal Register as a terrorist organization by the President based upon a finding that the organization engages in, or has engaged in, terrorist activity that threatens U.S. national security. (Sec. 612) Denies asylum to alien terrorists. Denies other specified relief for alien terrorists. Subtitle B: Expedited Exclusion - Authorizes the examining immigration officer, upon determining that an alien seeking entry is excludable under specified provisions (with respect to misrepresentation or insufficient documentation) and does not indicate either an intention to apply for asylum or a fear of persecution, to order the alien excluded from the United States without further hearing or review. Directs the Attorney General to promulgate regulations to provide for the immediate review by a supervisory asylum office at the port of entry of a determination that an alien does not have a credible fear of persecution. Sets forth provisions regarding: (1) limits on judicial review, including preclusion of collateral attacks on the validity of orders of exclusion, special exclusion, or deportation pursuant to this title; and (2) exclusion of aliens who have not been inspected and admitted. Subtitle C: Improved Information and Processing - Part 1: Immigration Procedures - Allows the Attorney General (and, in some cases, an employee or official of the Department of Justice) to authorize an application to a Federal court of competent jurisdiction for, and allows a judge of such court to grant, an order authorizing disclosure of information contained in an alien's application for adjustment of status under the legalization program or under the special agricultural worker program for: (1) identification of an alien believed to have been killed or severely incapacitated; or (2) criminal law enforcement purposes against the alien if the alleged criminal activity occurred after the application was filed and such activity involves terrorist activity or poses an immediate risk to life or national security or would be prosecutable as an aggravated felony, without regard to the length of sentence that could be imposed on the applicant. (Sec. 632) Authorizes the Secretary of State to waive the application of provisions regarding notice of denial of visa applications in the case of a particular alien or any class or classes of aliens excludable on criminal or security and related grounds. Part 2: Asset Forfeiture for Passport and Visa Offenses - Amends the Federal criminal code to provide for: (1) criminal forfeiture for passport and visa related offenses; and (2) subpoenas for bank records for specified offenses, such as for fraud and related activity in connection with identification documents. Title VII: Funding - Authorizes appropriations to the 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. (Sec. 702) Amends the Communications Assistance for Law Enforcement Act to require that 40 percent of the principal amount of a civil monetary penalty assessed by the United States or an agency thereof be added to a Department of Justice Telecommunications Carrier Compliance Fund, established by this Act.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

6 official files

• Reported in House (text)

  Reported in House · EN · 5 December 1995

  ViewDownloadOpen at official source

• Reported in House (PDF)

  Reported in House · EN · 5 December 1995

  ViewDownloadOpen at official source

• Reported to House with amendment(s)

  summary · EN · 5 December 1995

  Open at official source

• Introduced in House (text)

  Introduced in House · EN · 25 May 1995

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 25 May 1995

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 25 May 1995

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.