Comprehensive Antiterrorism Act of 1995

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

Subtitle D: Employee Verification by Security Services

Companies

Title VII: Authorization and Funding

Title VIII: Miscellaneous

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 material support to terrorist organizations.

(Sec. 103) Modifies a provision setting penalties for providing material support to terrorists, including: (1) eliminating language that excludes from the definition of "material support or resources" humanitarian assistance to persons not directly involved in violations; and (2) adding language to exclude from such definition medicine or religious materials.

(Sec. 104) Establishes penalties for acts of terrorism transcending national boundaries, including creating a substantial risk of serious bodily injury to another by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States in violation of State or Federal law. 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.

(Sec. 112) Directs the National Institute of Justice (NIJ) to study and report to the Congress on a methodology for determining what ammunition, designed for handguns, is capable of penetrating police body armor.

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.

Extends the statute of limitations to seven years for specified arson and explosives offenses.

(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 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, including any felony violation of provisions regarding explosives. 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 Fair Credit Reporting Act to authorize a court or magistrate judge, upon application by the Director of the Federal Bureau of Investigation (FBI), to issue an order ex parte directing a consumer reporting agency (CRA) to furnish to the FBI the names and addresses of all financial institutions at which the consumer maintains or has maintained an account.

Authorizes the court or magistrate judge to issue the order upon finding 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. Specifies that such an order shall not disclose that it is issued for purposes of a counterintelligence investigation.

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, reporting requirements, damages and disciplinary actions for violations (with a good faith exception), and injunctive relief.

(Sec. 304) Amends the Federal criminal code to authorize a court or magistrate judge, upon application of the FBI Director, to issue an order ex parte directing any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to furnish any records in its possession to the FBI. Directs the court or magistrate judge to issue the order upon finding that such records are sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of U.S. criminal statutes. Specifies that such an order shall not disclose that it is issued for purposes of a counterintelligence investigation. Sets forth provisions regarding limits on, and penalties for, 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) technology for devices to improve the detection of explosives materials; (3) whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it; and (4) 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 if any law enforcement officers who intercepted the communication or gathered the evidence acted with the reasonably objective belief that their actions were in compliance with Federal criminal code provisions.

(Sec. 308) Grants temporary emergency wiretap authority involving terrorist conspiracies and expanded authority for multipoint wiretaps.

(Sec. 310) Sets forth provisions regarding: (1) access to telephone billing records by law enforcement agencies (including provision for a civil remedy and disciplinary action for violations); and (2) a requirement for providers of wire or electronic communication services to preserve record evidence.

(Sec. 312) Authorizes the Attorney General to request that the Secretary of Defense provide technical and logistical assistance by civilian and military personnel of the Department of Defense in support of Department of Justice activities relating to the enforcement of criminal law in an emergency situation involving biological or chemical 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.

(Sec. 316) Authorizes the Attorney General to prohibit: (1) vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia which is wholly or partly owned, possessed, used by, or leased to the Federal Government and used by Federal law enforcement authorities; and (2) any person or entity from conducting business on any property immediately adjacent to any such building.

(Sec. 317) Directs the Attorney General to study and report to the Congress on the extent of thefts from military arsenals of firearms, explosives, and other materials that are potentially useful to terrorists.

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) Directs the Attorney General to exercise authority over specified violations of this title. Grants the Attorney General primary investigative responsibility in any matter involving a terrorist or revolutionary group or individual. Directs the Secretary to assist the Attorney General as requested.

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 Secretary of State, in consultation with the Attorney General, based upon a finding that the organization engages in, or has engaged in, terrorist activity that threatens U.S. national security. Sets forth provisions regarding the process for making such a designation, judicial review, the authority of the Congress and such Secretary to remove the designation, and sunset provisions.

(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.

Subtitle D: Employee Verification by Security Services Companies - Makes provisions prohibiting potential employers of foreign nationals from requesting additional or different documentation inapplicable to a request made in connection with an individual seeking employment in a company engaged in the business of providing security services to protect persons, institutions, buildings, or other possible targets of terrorism.

Title VII: Authorization and Funding - Authorizes appropriations for each of FY 1996 through 2000 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 Federal law to require 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, except for penalties assessed under the Internal Revenue Code. Specifies that payments relating to such a penalty shall be applied, in the following order, to costs, principal, such surcharges, and interest. Terminates the authority to add such a surcharge on October 1, 1998.

Establishes in the Treasury the Department of Justice Telecommunications Carrier Compliance Fund, which shall be available to the Attorney General to make payments to telecommunications carriers, as authorized. Sets forth provisions regarding offsetting collections, requirements for appropriations offsets, and termination of the Fund.

(Sec. 703) Authorizes the Attorney General to award grants to provide specialized training or equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. Authorizes appropriations for FY 1996.

(Sec. 704) Authorizes appropriations to the Attorney General to provide to foreign countries facing an imminent danger of terrorist attack that threatens the U.S. national interest or puts U.S. nationals at risk, assistance in: (1) obtaining explosive detection devices and other counter-terrorism technology; and (2) conducting research and development projects on such technology.

(Sec. 705) Authorizes appropriations to the NIJ Science and Technology Office to: (1) develop technologies that can be used to combat terrorism and standards to ensure the adequacy of products produced and compatibility with relevant national systems; and (2) identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism.

Title VIII: Miscellaneous - Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to authorize the deposit of not more than $250 million in fees collected for processing visa applications to cover the State Department's costs relating to its border security program, including the costs of: (1) installation and operation of the machine readable visa and automated name-check process; (2) improving the quality and security of the U.S. passport; (3) passport and visa fraud investigations; and (4) the technological infrastructure to support and operate such programs.

(Sec. 802) Directs the Secretary of the Treasury to study and report to the Congress on State licensing requirements for the purchase and use of commercial high explosives.

(Sec. 803) Amends the Victims of Crime Act of 1984 to provide for the compensation of victims of terrorism.

(Sec. 804) Amends the Federal judicial code to make an exception to foreign sovereign immunity in certain cases in which money damages are sought against a foreign state for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act, where undertaken by an official, employee, or agent of a foreign country while acting within the scope of his office, employment, or agency.

Makes an exception to immunity from attachment where the judgement relates to a claim for which the foreign state is not immune under such provision, regardless of whether the property is or was involved with the act upon which the claim is based.

(Sec. 805) Directs the Attorney General to conduct a study, and report to the Congress, concerning: (1) the extent to which there is available to the public material that instructs how to make bombs, destructive devices, and weapons of mass destruction, and the extent to which information gained from such material has been used in incidents of domestic and international terrorism; (2) the likelihood that such information may be used in future terrorism incidents; and (3) the application of existing Federal laws to such material, any need and utility for additional laws, and an assessment of the extent to which the First Amendment protects such material and its private and commercial distribution.

(Sec. 806) Directs the Attorney General to: (1) acquire data for the calendar year 1990 and each succeeding calendar year about crimes and incidents of threats and acts of violence against Federal, State, and local government employees in performance of their lawful duties; (2) establish guidelines for the collection of such data; and (3) publish an annual summary of the data, which shall otherwise be used only for research and statistical purposes.