THE WHITE HOUSE

Office of the Press Secretary

                             FACT SHEET
                Omnibus Counterterrorism Act of 1995

The President today transmitted to the Congress proposed legislation entitled the "Omnibus Counterterrorism Act of 1995." This legislation is part of the initiative the President announced in the State of the Union Address on Jan. 24, 1995. The legislation will strengthen the United States' hand in combatting terrorists, whether they strike at home or abroad, and is further evidence of the administration's determination to improve the nation's ability to hunt down terrorists and bring them to justice.

Some of the most significant provisions of this comprehensive effort will:

PROVIDE CLEAR FEDERAL CRIMINAL JURISDICTION FOR ANY INTERNATIONAL TERRORIST ATTACK THAT MIGHT OCCUR IN THE UNITED STATES

• This proposal provides a more certain and comprehensive basis for the federal government to respond to future acts of international terrorism carried out within the United States.
• It creates a new federal crime relating to acts of international terrorism involving any of the following types of conduct occuring within the United States:
  • murder, kidnapping, maiming, assault resulting in serious bodily injury, assault with a dangerous weapon; and
  • destroying of damaging any structure, conveyance, or other real or personal property.
• The statute would be utilized only when the Attorney General concludes and certifies that the offense: (a) transcended national boundaries; and (b) was of terrorist nature (i.e., intended to coerce, intimidate, or retaliate against a government or civilian population).
• The proposal also:
  • facilities pretrial detention for persons charged with this offense (by creating a reputable presumption that no condition or combination of conditions will reasonably assure the safety of the community and the appearance of the defendant); and
  • amends the federal electronic surveillance statute to facilitate the use of court-authorized roving electronic surveillance in investigating violations of this statute.

PROVIDE FEDERAL CRIMINAL JURISDICTION OVER TERRORISTS WHO USE THE UNITED STATES AS THE PLACE FROM WHICH TO PLAN TERRORIST ATTACKS OVERSEAS.

• It makes it a crime for any person within the United States to undertake any act in furtherance of the following types of overseas criminal activity:
  • murdering, kidnapping, or maiming; or
  • injuring or destroying any railroad, canal, bridge, airport or other public utility, public conveyance or public structure, or any religious, educational, or cultural property.
• This provision, in combination with the terrorist fund- raising and alien deportation provisions of this bill, will serve to ensure that the United States is not used as a support base for acts of terrorism carried out in other countries.

PROVIDE A WORKABLE MECHANISM TO DEPORT ALIEN TERRORISTS EXPEDITIOUSLY WITHOUT RISKING THE DISCLOSURE OF NATIONAL SECURITY INFORMATION OR TECHNIQUES.

• This proposal contains comprehensive procedures to facilitate the expeditious deportation of alien terrorists.
• It provides a balanced set of procedures that:
  • afford fundamental fairness; and
  • afford the government a reasonable basis to avoid the public disclosure of sensitive national security information.
• The proposal creates a special court made up of five U.S. district court judges appointed by the Chief Justice of the United States.

PROVIDE A NEW MECHANISM FOR PREVENTING FUND-RAISING IN THE UNITED STATES THAT SUPPORTS INTERNATIONAL TERRORIST ACTIVITIES OVERSEAS.

• This provision authorizes the government to regulate or prohibit any person or organization within the United States from raising or providing funds for use by any foreign organization designated by the President as engaged in terrorist activities.
• The legislation provides a licensing mechanism under which funds can be transferred based on a showing that the money will be used exclusively for religious, charitable, literary, or educational purposes.

IMPLEMENT AN INTERNATIONAL TREATY REQUIRING THE INSERTION OF A CHEMICAL AGENT INTO PLASTIC EXPLOSIVES WHEN MANUFACTURED TO MAKE THEM DETECTABLE.

• This provision implements the Convention on the Marking of Plastic Explosives for Purposes of Detection (March 1, 1991), which is an international response, in the aftermath of the terrorist bombing of Pan Am Flight 103, designed to avert terrorist disasters.
• The provision makes it unlawful to manufacture or to receive, possess, or transfer any plastic explosive that does not contain a detection agent.

CONTAIN NUMEROUS RELATIVELY TECHNICAL, BUT HIGHLY IMPORTANT, PROVISIONS THAT WILL FACILITATE INVESTIGATIONS AND PROSECUTIONS OF TERRORIST CRIMES.

These provisions include:

• Addition of terrorism offenses to the list of predicate offenses under the Racketeering Influenced and Corrupt Organizations (RICO) statute and the Federal money laundering statute.
• Addition of terrorism offenses to the list of statutes that are subject to court-authorized electronic surveillance.
• Increased penalties for conspiracies to commit terrorist offenses.
• Jurisdictional clarifications to ensure that, where a United States national is the victim or perpetrator of an extraterritorial terrorist offense, the defendant can be charged prior to being present in the United States.
• Amendment of existing laws relating to attacks against federal employees to cover attacks against former employees where the offense is motivated by their prior performance of official duties.