Protection Against Terrorism Act of 1991

Protection Against Terrorism Act of 1991 - Title I: Terrorism Death Penalty Act of 1991 - Amends the Federal criminal code to authorize the imposition of the death penalty upon any individual who kills a person while such person is inside the United States, or kills a U.S. national while such national is outside the United States, if the killing is a first degree murder. Increases penalties for killings other than first degree murders.

Makes penalties with respect to homicide, attempt or conspiracy to commit homicide, and engaging in physical violence with the intent or result of causing serious bodily harm applicable to persons inside the United States or U.S. nationals while outside the United States. (Current law only applies where such a person was a U.S. national.) Increases penalties for attempted murder and for engaging in physical violence with the intent or result of causing serious bodily harm.

Sets forth procedures for the imposition of the death penalty. Requires that a defendant be sentenced to death for a death-eligible offense if, after consideration of specified mitigating and aggravating factors, the defendant is found beyond a reasonable doubt, at a special hearing, to have intentionally: (1) killed the victim; (2) inflicted serious bodily injury that resulted in the death of the victim; (3) participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or (4) engaged in an act knowing that such act created a grave risk of death to a person, other than one of the participants, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act.

Prohibits sentencing to death any person who was under age 16 at the time of the offense.

Sets forth provisions with respect to notice by the Government that it intends to seek the death penalty if the defendant is convicted, the conduct of a special hearing to determine whether a sentence of death is justified, mitigating and aggravating factors to be considered, proof of such factors, the return of findings, and procedures for appeal and review of a sentence of death.

Requires the court, in a hearing held before a jury, to instruct the jury that, in considering whether a death sentence is justified, it shall not consider the race, color, national origin, creed, or sex of the defendant.

Authorizes the use of State or local facilities and employees to carry out the death penalty.

Prohibits requiring any employee of a State department of corrections or the Federal Bureau of Prisons, or an employee providing services to such department or bureau under contract, as a condition of such employment or contractual obligation, to be in attendance at or to participate in any execution carried out under this title if such participation is contrary to the employee's moral or religious convictions.

Title II: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation.

Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals.

Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act.

Directs the Chief Justice of the United States to: (1) designate five district court judges from five of the U.S. judicial circuits, to serve five-year terms, who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information.

Sets forth provisions with respect to the retention of an alien in custody (including affording a reasonable opportunity for such alien to communicate with and receive visits from family members, to communicate with an attorney, and to contact an appropriate diplomatic or consular official of the alien's country), the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate.

Amends the Immigration and Nationality Act to: (1) include as excludable aliens those with respect to whom the consular officer or the Attorney General knows or has reasonable ground to believe are engaging in, have engaged in, or probably would, after entry, engage in terrorist activity; (2) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (3) provide for a ten-year prison sentence, to run concurrently with any other sentence, and a fine, for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (4) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings.

Title III: Counterintelligence Access to Telephone Toll and Transactional Records - Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information.