I
104TH CONGRESS
1ST SESSION
H. R. 2768
To combat terrorism.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 13, 1995
Mr. HYDE (for himself, Mr. MCCOLLUM, Mr. SMITH of Texas, and Mr. BARR
of Georgia) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A BILL
To combat terrorism.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Effective Death Pen-
alty and Antiterrorism Act of 1995’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—CRIMINAL ACTS
Sec. 101. Protection of Federal employees.
Sec. 102. Prohibiting material support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Acts of terrorism transcending national boundaries.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over certain terror-
ism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction statute.
Sec. 108. Addition of offenses to the money laundering statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
Sec. 112. Study to determine standards for determining what ammunition is
capable of penetrating police body armor.
TITLE II—INCREASED PENALTIES
Sec. 201. Mandatory minimum for certain explosives offenses.
Sec. 202. Increased penalty for explosive conspiracies.
Sec. 203. Increased and alternate conspiracy penalties for terrorism offenses.
Sec. 204. Mandatory penalty for transferring a firearm knowing that it will be
used to commit a crime of violence.
Sec. 205. Mandatory penalty for transferring an explosive material knowing
that it will be used to commit a crime of violence.
Sec. 206. Directions to Sentencing Commission.
TITLE III—INVESTIGATIVE TOOLS
Sec. 301. Pen registers and trap and trace devices in foreign counterintelligence
investigations.
Sec. 302. Disclosure of certain consumer reports to the Federal Bureau of In-
vestigation.
Sec. 303. Disclosure of business records held by third parties in foreign coun-
terintelligence cases.
Sec. 304. Study of tagging explosive materials, detection of explosives and ex-
plosive materials, rendering explosive components inert, and
imposing controls of precursors of explosives.
Sec. 305. Application of statutory exclusionary rule concerning intercepted wire
or oral communications.
Sec. 306. Exclusion of certain types of information from wiretap-related defini-
tions.
Sec. 307. Requirement for periodic report.
Sec. 308. Access to telephone billing records.
Sec. 309. Requirement to preserve record evidence.
Sec. 310. Detention hearing.
Sec. 311. Reward authority of the Attorney General.
Sec. 312. Protection of Federal Government buildings in the District of Colum-
bia.
Sec. 313. Study of thefts from armories; report to the Congress.
TITLE IV—NUCLEAR MATERIALS
Sec. 401. Expansion of nuclear materials prohibitions.
TITLE V—CONVENTION ON THE MARKING OF PLASTIC
EXPLOSIVES
Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Effective date.
TITLE VI—IMMIGRATION-RELATED PROVISIONS
Subtitle A—Removal of Alien Terrorists
PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS
Sec. 601. Removal procedures for alien terrorists.
Sec. 602. Funding for detention and removal of alien terrorists.
PART 2—EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS
Sec. 611. Membership in terrorist organization as ground for exclusion.
Sec. 612. Denial of asylum to alien terrorists.
Sec. 613. Denial of other relief for alien terrorists.
Subtitle B—Expedited Exclusion
Sec. 621. Inspection and exclusion by immigration officers.
Sec. 622. Judicial review.
Sec. 623. Exclusion of aliens who have not been inspected and admitted.
Subtitle C—Improved Information and Processing
PART 1—IMMIGRATION PROCEDURES
Sec. 631. Access to certain confidential INS files through court order.
Sec. 632. Waiver authority concerning notice of denial of application for visas.
PART 2—ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES
Sec. 641. Criminal forfeiture for passport and visa related offenses.
Sec. 642. Subpoenas for bank records.
Sec. 643. Effective date.
Subtitle D—Employee Verification by Security Services Companies
Sec. 651. Permitting security services companies to request additional docu-
mentation.
Subtitle E—Criminal Alien Deportation Improvements
Sec. 661. Short title.
Sec. 662. Additional expansion of definition of aggravated felony.
Sec. 663. Deportation procedures for certain criminal aliens who are not per-
manent residents.
Sec. 664. Restricting the defense to exclusion based on 7 years permanent resi-
dence for certain criminal aliens.
Sec. 665. Limitation on collateral attacks on underlying deportation order.
Sec. 666. Criminal alien identification system.
Sec. 667. Establishing certain alien smuggling-related crimes as RICO-predi-
cate offenses.
Sec. 668. Authority for alien smuggling investigations.
Sec. 669. Expansion of criteria for deportation for crimes of moral turpitude.
Sec. 670. Payments to political subdivisions for costs of incarcerating illegal
aliens.
Sec. 671. Miscellaneous provisions.
Sec. 672. Construction of expedited deportation requirements.
Sec. 673. Study of prisoner transfer treaty with Mexico.
Sec. 674. Justice Department assistance in bringing to justice aliens who flee
prosecution for crimes in the United States.
Sec. 675. Prisoner transfer treaties.
Sec. 676. Interior repatriation program.
Sec. 677. Deportation of nonviolent offenders prior to completion of sentence
of imprisonment.
TITLE VII—AUTHORIZATION AND FUNDING
Sec. 701. Firefighter and emergency services training.
Sec. 702. Assistance to foreign countries to procure explosive detection devices
and other counter-terrorism technology.
Sec. 703. Research and development to support counter-terrorism technologies.
TITLE VIII—MISCELLANEOUS
Sec. 801. Study of State licensing requirements for the purchase and use of
high explosives.
Sec. 802. Compensation of victims of terrorism.
Sec. 803. Jurisdiction for lawsuits against terrorist States.
Sec. 804. Study of publicly available instructional material on the making of
bombs, destructive devices, and weapons of mass destruction.
Sec. 805. Compilation of statistics relating to intimidation of government em-
ployees.
Sec. 806. Victim Restitution Act of 1995.
Sec. 807. Authority for overseas law enforcement training activities.
TITLE IX—HABEAS CORPUS REFORM
Sec. 901. Filing deadlines.
Sec. 902. Appeal.
Sec. 903. Amendment of Federal rules of appellate procedure.
Sec. 904. Section 2254 amendments.
Sec. 905. Section 2255 amendments.
Sec. 906. Limits on second or successive applications.
Sec. 907. Death penalty litigation procedures.
Sec. 908. Technical amendment.
Sec. 909. Severability.
TITLE I—CRIMINAL ACTS
SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.
(a) HOMICIDE.—Section 1114 of title 18, United
States Code, is amended to read as follows:
‘‘§ 1114. Protection of officers and employees of the
United States
‘‘Whoever kills or attempts to kill any officer or em-
ployee of the United States or of any agency in any branch
of the United States Government (including any member
of the uniformed services) while such officer or employee
is engaged in or on account of the performance of official
duties, or any person assisting such an officer or employee
in the performance of such duties or on account of that
assistance, shall be punished, in the case of murder, as
provided under section 1111, or in the case of man-
slaughter, as provided under section 1112, or, in the case
of attempted murder or manslaughter, as provided in sec-
tion 1113.’’.
(b) THREATS AGAINST FORMER OFFICERS AND EM-
PLOYEES.—Section 115(a)(2) of title 18, United States
Code, is amended by inserting ‘‘, or threatens to assault,
kidnap, or murder, any person who formerly served as a
person designated in paragraph (1), or’’ after ‘‘assaults,
kidnaps, or murders, or attempts to kidnap or murder’’.
SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERROR-
IST ORGANIZATIONS.
(a) IN GENERAL.—That chapter 113B of title 18,
United States Code, that relates to terrorism is amended
by adding at the end the following:
‘‘§ 2339B. Providing material support to terrorist or-
ganizations
‘‘(a) OFFENSE.—Whoever, within the United States,
knowingly provides material support or resources in or af-
fecting interstate or foreign commerce, to any organization
which the person knows or should have known is a terror-
ist organization that has been designated under section
212(a)(3)(B)(iv) of the Immigration and Nationality Act
as a terrorist organization shall be fined under this title
or imprisoned not more than 10 years, or both.
‘‘(b) DEFINITION.—As used in this section, the term
‘material support or resources’ has the meaning given that
term in section 2339A of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 113B of title 18, United
States Code, is amended by adding at the end the follow-
ing new item:
‘‘2339B. Providing material support to terrorist organizations.’’.
SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVI-
SION.
Section 2339A of title 18, United States Code, is
amended read as follows:
‘‘§ 2339A. Providing material support to terrorists
‘‘(a) OFFENSE.—Whoever, within the United States,
provides material support or resources or conceals or dis-
guises the nature, location, source, or ownership of mate-
rial support or resources, knowing or intending that they
are to be used in preparation for or in carrying out, a
violation of section 32, 37, 351, 844(f) or (i), 956, 1114,
1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 2332a,
or 2332b of this title or section 46502 of title 49, or in
preparation for or in carrying out the concealment or an
escape from the commission of any such violation, shall
be fined under this title, imprisoned not more than ten
years, or both.
‘‘(b) DEFINITION.—In this section, the term ‘mate-
rial support or resources’ means currency or other finan-
cial securities, financial services, lodging, training,
safehouses, false documentation or identification, commu-
nications equipment, facilities, weapons, lethal substances,
explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.’’.
SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL
BOUNDARIES.
(a) OFFENSE.—Title 18, United States Code, is
amended by inserting after section 2332a the following:
‘‘§ 2332b. Acts of terrorism transcending national
boundaries
‘‘(a) PROHIBITED ACTS.—
‘‘(1) Whoever, involving any conduct transcend-
ing national boundaries and in a circumstance de-
scribed in subsection (b)—
‘‘(A) kills, kidnaps, maims, commits an as-
sault resulting in serious bodily injury, or as-
saults with a dangerous weapon any individual
within the United States; or
‘‘(B) creates a substantial risk of serious
bodily injury to any other person by destroying
or damaging any structure, conveyance, or
other real or personal property within the
United States or by attempting or conspiring to
destroy or damage any structure, conveyance,
or other real or personal property within the
United States;
in violation of the laws of any State or the United
States shall be punished as prescribed in subsection
(c).
‘‘(2) Whoever threatens to commit an offense
under paragraph (1), or attempts or conspires to do
so, shall be punished as prescribed in subsection (c).
‘‘(b) JURISDICTIONAL BASES.—The circumstances
referred to in subsection (a) are—
‘‘(1) any of the offenders travels in, or uses the
mail or any facility of, interstate or foreign com-
merce in furtherance of the offense or to escape ap-
prehension after the commission of the offense;
‘‘(2) the offense obstructs, delays, or affects
interstate or foreign commerce, or would have so ob-
structed, delayed, or affected interstate or foreign
commerce if the offense had been consummated;
‘‘(3) the victim, or intended victim, is the
United States Government, a member of the uni-
formed services, or any official, officer, employee, or
agent of the legislative, executive, or judicial
branches, or of any department or agency, of the
United States;
‘‘(4) the structure, conveyance, or other real or
personal property is, in whole or in part, owned, pos-
sessed, used by, or leased to the United States, or
any department or agency thereof;
‘‘(5) the offense is committed in the territorial
sea (including the airspace above and the seabed and
subsoil below, and artificial islands and fixed struc-
tures erected thereon) of the United States; or
‘‘(6) the offense is committed in those places
within the United States that are in the special mar-
itime and territorial jurisdiction of the United
States.
Jurisdiction shall exist over all principals and co-conspira-
tors of an offense under this section, and accessories after
the fact to any offense under this section, if at least one
of such circumstances is applicable to at least one of-
fender.
‘‘(c) PENALTIES.—
‘‘(1) Whoever violates this section shall be pun-
ished—
‘‘(A) for a killing or if death results to any
person from any other conduct prohibited by
this section by death, or by imprisonment for
any term of years or for life;
‘‘(B) for kidnapping, by imprisonment for
any term of years or for life;
‘‘(C) for maiming, by imprisonment for not
more than 35 years;
‘‘(D) for assault with a dangerous weapon
or assault resulting in serious bodily injury, by
imprisonment for not more than 30 years;
‘‘(E) for destroying or damaging any
structure, conveyance, or other real or personal
property, by imprisonment for not more than
25 years;
‘‘(F) for attempting or conspiring to com-
mit an offense, for any term of years up to the
maximum punishment that would have applied
had the offense been completed; and
‘‘(G) for threatening to commit an offense
under this section, by imprisonment for not
more than 10 years.
‘‘(2) Notwithstanding any other provision of
law, the court shall not place on probation any per-
son convicted of a violation of this section; nor shall
the term of imprisonment imposed under this section
run concurrently with any other term of imprison-
ment.
‘‘(d) LIMITATION ON PROSECUTION.—No indictment
shall be sought nor any information filed for any offense
described in this section until the Attorney General, or the
highest ranking subordinate of the Attorney General with
responsibility for criminal prosecutions, makes a written
certification that, in the judgment of the certifying official,
such offense, or any activity preparatory to or meant to
conceal its commission, is a Federal crime of terrorism.
‘‘(e) PROOF REQUIREMENTS.—
‘‘(1) The prosecution is not required to prove
knowledge by any defendant of a jurisdictional base
alleged in the indictment.
‘‘(2) In a prosecution under this section that is
based upon the adoption of State law, only the ele-
ments of the offense under State law, and not any
provisions pertaining to criminal procedure or evi-
dence, are adopted.
‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is
extraterritorial Federal jurisdiction—
‘‘(1) over any offense under subsection (a), in-
cluding any threat, attempt, or conspiracy to commit
such offense; and
‘‘(2) over conduct which, under section 3 of this
title, renders any person an accessory after the fact
to an offense under subsection (a).
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘conduct transcending national
boundaries’ means conduct occurring outside the
United States in addition to the conduct occurring
in the United States;
‘‘(2) the term ‘facility of interstate or foreign
commerce’ has the meaning given that term in sec-
tion 1958(b)(2) of this title;
‘‘(3) the term ‘serious bodily injury’ has the
meaning prescribed in section 1365(g)(3) of this
title;
‘‘(4) the term ‘territorial sea of the United
States’ means all waters extending seaward to 12
nautical miles from the baselines of the United
States determined in accordance with international
law; and
‘‘(5) the term ‘Federal crime of terrorism’
means an offense that—
‘‘(A) is calculated to influence or affect the
conduct of government by intimidation or coer-
cion, or to retaliate against government con-
duct; and
‘‘(B) is a violation of—
‘‘(i) section 32 (relating to destruction
of aircraft or aircraft facilities), 37 (relat-
ing to violence at international airports),
81 (relating to arson within special mari-
time and territorial jurisdiction), 175 (re-
lating to biological weapons), 351 (relating
to congressional, cabinet, and Supreme
Court assassination, kidnapping, and as-
sault), 831 (relating to nuclear weapons),
842 (m) or (n) (relating to plastic explo-
sives), 844(e) (relating to certain bomb-
ings), 844 (f) or (i) (relating to arson and
bombing of certain property), 956 (relating
to conspiracy to commit violent acts in for-
eign countries), 1114 (relating to protec-
tion of officers and employees of the Unit-
ed States), 1116 (relating to murder or
manslaughter of foreign officials, official
guests, or internationally protected per-
sons), 1203 (relating to hostage taking),
1361 (relating to injury of Government
property), 1362 (relating to destruction of
communication lines), 1363 (relating to in-
jury to buildings or property within special
maritime and territorial jurisdiction of the
United States), 1366 (relating to destruc-
tion of energy facility), 1751 (relating to
Presidential and Presidential staff assas-
sination, kidnapping, and assault), 2152
(relating to injury of harbor defenses),
2155 (relating to destruction of national
defense materials, premises, or utilities),
2156 (relating to production of defective
national defense materials, premises, or
utilities), 2280 (relating to violence against
maritime navigation), 2281 (relating to vi-
olence against maritime fixed platforms),
2332 (relating to certain homicides and vi-
olence outside the United States), 2332a
(relating to use of weapons of mass de-
struction), 2332b (relating to acts of ter-
rorism transcending national boundaries),
2339A (relating to providing material sup-
port to terrorists), 2339B (relating to pro-
viding material support to terrorist organi-
zations), or 2340A (relating to torture) of
this title;
‘‘(ii) section 236 (relating to sabotage
of nuclear facilities or fuel) of the Atomic
Energy Act of 1954; or
‘‘(iii) section 46502 (relating to air-
craft piracy), or 60123(b) (relating to de-
struction of interstate gas or hazardous
liquid pipeline facility) of title 49.
‘‘(h) INVESTIGATIVE AUTHORITY.—In addition to
any other investigatory authority with respect to violations
of this title, the Attorney General shall have primary in-
vestigative responsibility for all Federal crimes of terror-
ism, and the Secretary of the Treasury shall assist the
Attorney General at the request of the Attorney General.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of the chapter 113B of title 18, United
States Code, that relates to terrorism is amended by in-
serting after the item relating to section 2332a the follow-
ing new item:
‘‘2332b. Acts of terrorism transcending national boundaries.’’.
(c) STATUTE OF LIMITATIONS AMENDMENT.—Sec-
tion 3286 of title 18, United States Code, is amended by—
(1) striking ‘‘any offense’’ and inserting ‘‘any
non-capital offense’’;
(2) striking ‘‘36’’ and inserting ‘‘37’’;
tion), section 2332b (relating to international terror-
ist acts transcending national boundaries), section
2339A (relating to providing material support to ter-
rorists) of this title, section 46502 of title 49, Unit-
ed States Code’’.
SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER
BOMB THREATS.
Section 844(e) of title 18, United States Code, is
amended by striking ‘‘commerce,’’ and inserting ‘‘inter-
state or foreign commerce, or in or affecting interstate or
foreign commerce,’’.
SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURIS-
DICTION.
Section 2280(b)(1)(A) of title 18, United States
Code, is amended—
(1) in clause (ii), by striking ‘‘and the activity
is not prohibited as a crime by the State in which
the activity takes place’’; and
(2) in clause (iii), by striking ‘‘the activity takes
place on a ship flying the flag of a foreign country
or outside the United States,’’.
SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIB-
ITED.
Section 842(h) of title 18, United States Code, is
amended to read as follows: