I

104TH CONGRESS

2D SESSION H. R. 3960

To combat terrorism.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mr. HYDE (for himself, Mr. CONYERS, Mr. MCCOLLUM, Mr. SCHUMER, Mr.

CANADY of Florida, and Mr. HEINEMAN) introduced the following bill;

which was referred to the Committee on the Judiciary

A BILL

To combat terrorism.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Antiterrorism Law En5 forcement Enhancement Act of 1996’’.

6 SEC. 2. MULTIPOINT WIRETAP AUTHORITY.

7 (a) Section 2518(11)(b)(ii) of title 18, United States

8 Code, is amended by striking ‘‘of a purpose, on the part

9 of that person, to thwart interception by changing facili10 ties.’’ and inserting ‘‘that the person had the intent to

11 thwart interception or that the person’s actions and con-
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1 duct would have the effect of thwarting interception from

2 a specified facility.’’.

3 (b) Section 2518(11)(b)(iii) of such Code is amended

4 to read as follows:

5 ‘‘(iii) the judge finds that such showing

6 has been adequately made.’’.

7 (c) The amendments made by subsections (a) and (b)

8 of this section shall be effective 1 day after the enactment

9 of this Act.

10 SEC. 3. REVISION TO EXISTING AUTHORITY FOR EMER11 GENCY WIRETAPS.

12 (a) GROUNDS FOR INTERCEPTION.—Section

13 2518(7)(a) of title 18, United States Code, is amended—

14 (1) by striking ‘‘or’’ at the end of paragraph

15 (a)(ii);

16 (2) by inserting ‘‘or’’ at the end of subpara17 graph (iii); and

18 (3) by adding the following new subparagraph:

19 ‘‘(iv) an act of terrorism (as defined in sec20 tion 3077(1) of this title),’’.
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1 SEC. 4. PEN REGISTERS AND TRAP AND TRACE DEVICES IN

2 FOREIGN COUNTERINTELLIGENCE INVES3 TIGATIONS.

4 (a) APPLICATION.—Section 3122(b)(2) of title 18,

5 United States Code, is amended by inserting ‘‘or foreign

6 counterintelligence’’ after ‘‘criminal’’.

7 (b) ORDER.—

8 (1) Section 3123(a) of title 18, United States

9 Code, is amended by inserting ‘‘or foreign counter10 intelligence’’ after ‘‘criminal’’.

11 (2) Section 3123(b)(1) of title 18, United

12 States Code, is amended in subparagraph (B), by

13 striking ‘‘criminal’’.

14 SEC. 5. ADDITION OF TERRORIST OFFENSES AS RICO

15 PREDICATES.

16 (a) TITLE 18 OFFENSES.—Section 1961(1)(B) of

17 title 18 of the United States Code is amended by—

18 (1) inserting ‘‘32 (relating to the destruction of

19 aircraft), section 37 (relating to violence at inter20 national airports), section 115 (relating to influenc21 ing, impeding, or retaliating against a Federal offi22 cial by threatening or injuring a family member),

23 section’’ after ‘‘Section’’;

24 (2) inserting ‘‘section 351 (relating to Congres25 sional or Cabinet officer assassination,’’ after ‘‘sec26 tion 224 (relating to sports bribery),’’;
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1 (3) inserting ‘‘section 831 (relating to prohib2 ited transactions involving nuclear materials), sec3 tion 844(f) or (i) (relating to destruction by explo4 sives or fire of government property or property af5 fecting interstate or foreign commerce),’’ after ‘‘sec6 tion 664 (relating to embezzlement from pension and

7 welfare funds),’’;

8 (4) inserting ‘‘section 930(c) (relating to violent

9 attacks against Federal buildings), section 956 (re10 lating to conspiracy to kill, kidnap, maim, or injure

11 certain property in a foreign country),’’ after ‘‘sec12 tions 891–894 (relating to extortionate credit trans13 actions),’’;

14 (5) inserting ‘‘section 1111 (relating to mur15 der), section 1114 (relating to murder of United

16 States law enforcement officials), section 1116 (re17 lating to murder of foreign officials, official guests,

18 or internationally protected persons), section 1203

19 (relating to hostage taking),’’ after ‘‘section 1084

20 (relating to the transmission of gambling informa21 tion),’’;

22 (6) inserting ‘‘section 1361 (relating to willful

23 injury of government property), section 1363 (relat24 ing to destruction of property within the special
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1 maritime and territorial jurisdiction),’’ after ‘‘section

2 1344 (relating to financial institution fraud),’’;

3 (7) inserting ‘‘section 1751 (relating to Presi4 dential assassination),’’ after ‘‘sections 1581–1588

5 (relating to peonage and slavery),’’;

6 (8) inserting ‘‘section 1992 (relating to train

7 wrecking), section 2280 (relating to violence against

8 maritime navigation), section 2281 (relating to vio9 lence against maritime fixed platforms),’’ after ‘‘sec10 tion 1958 (relating to use of interstate commerce fa11 cilities in the commission of murder-for-hire),’’; and

12 (9) inserting ‘‘section 2332 (relating to terrorist

13 acts abroad against United States nationals), section

14 2332a (relating to use of weapons of mass destruc15 tion), section 2332b (relating to acts of terrorism

16 transcending national boundaries), section 2332c

17 (relating to use of chemical weapon), section 2339A

18 (relating to providing material support to terror19 ists),’’ after ‘‘2321 (relating to trafficking in certain

20 motor vehicles or motor vehicle parts),’’.

21 (b) NON-TITLE 18 OFFENSE.—Section 1961(1) of

22 title 18 of the United States Code is amended—

23 (1) by striking ‘‘or’’ before ‘‘(E)’’;

24 (2) by striking ‘‘or’’ before ‘‘(F); and
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1 (3) by inserting at the end the following: ‘‘or

2 (G) section 46502 of title 49, United States Code;’’.

3 (c) LIMITATION TO CIVIL RICO.—The amendments

4 made by this section shall not apply with respect to section

5 1964(c) of title 18, United States Code.

6 SEC. 6. INTERCEPTIONS OF COMMUNICATIONS.

7 (a) AUTHORIZATION OF INTERCEPTIONS IN CERTAIN

8 TERRORISM RELATED OFFENSES.—Section 2516(1) of

9 title 18, United States Code, is amended—

10 (1) by striking ‘‘and’’ at the end of subpara11 graph (n);

12 (2) by redesignating subparagraph (o) as sub13 paragraph (q); and

14 (3) by inserting after subparagraph (n) the fol15 lowing:

16 ‘‘(o) any violation of section 956 or section 960 (re17 lating to certain actions against foreign nations), section

18 1114 (relating to protection of officers and employees of

19 the United States), section 1116 (relating to murder of

20 foreign officials, official guests, or internationally pro21 tected persons), section 2332 (relating to terrorist acts

22 abroad), section 2332a (relating to weapons of mass de23 struction), section 2332b (relating to acts of terrorism

24 transcending national boundaries), section 2339A (relat25 ing to providing material support to terrorists), section 37
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1 (relating to violence at international airports) of title 18,

2 United States Code; or

3 ‘‘(p) any felony violation of section 842 (relating to

4 explosives) of this title; and’’.

5 (b) REPORTS CONCERNING INTERCEPTED COMMU6 NICATIONS.—Subsection (6) of section 2518 of title 18,

7 United States Code is amended to read as follows:

8 ‘‘(6) Whenever an order authorizing intercep9 tion is entered under this chapter, the order shall re10 quire the attorney for the Government to file a re11 port with the judge who issued the order showing

12 what progress has been made toward achievement of

13 the authorized objective and the need for continued

14 interception. Such report shall be made 15 days

15 after the interception has begun. No other reports

16 shall be made to the judge under this subsection.’’.

17 SEC. 7. JURISDICTION FOR LAWSUITS AGAINST TERRORIST

18 STATES.

19 Section 1605(a)(7)(B)(ii) of title 28, United States

20 Code, is amended by striking ‘‘the claimant or victim was

21 not a national’’ and inserting ‘‘neither the claimant nor

22 the victim were nationals’’.

23 SEC. 8. CLERICAL AMENDMENTS RELATING TO CRIME.

24 (a) CORRECTING ERROR IN AMENDATORY INSTRUC25 TIONS.—Section 107(b) of the Antiterrorism and Effective
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1 Death Penalty Act of 1996 is amended by striking ‘‘IV’’

2 and inserting ‘‘VI’’.

3 (b) CORRECTING ERROR IN DESCRIPTION OF PROVI4 SION AMENDED.—With respect to subparagraph (F) only

5 of paragraph (1) of section 205(a) of the Antiterrorism

6 and Effective Death Penalty Act of 1996, the reference

7 at the beginning of such paragraph to ‘‘subsection (a)(1)’’

8 shall be deemed a reference to ‘‘subsection (a)’’.

9 (c) ADDITION OF MISSING REFERENCE.—Section

10 725(2) of the Antiterrorism and Effective Death Penalty

11 Act of 1996 is amended by inserting ‘‘(2)’’ after ‘‘sub12 section (b)’’.

13 (d) CONFORMING AMENDMENT TO TABLE OF SEC14 TIONS.—The table of sections at the beginning of chapter

15 203 of title 18, United States Code, is amended by insert16 ing after the item relating to section 3059A the following

17 new item:

‘‘3059B. General reward authority.’’.

18 (e) INSERTION OF MISSING PUNCTUATION.—Section

19 6005(b)(3) of title 18, United States Code, is amended

20 by adding a period at the end.

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