[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3960 Introduced in House (IH)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antiterrorism Law Enforcement 
Enhancement Act of 1996''.

SEC. 2. MULTIPOINT WIRETAP AUTHORITY.

    (a) Section 2518(11)(b)(ii) of title 18, United States Code, is 
amended by striking ``of a purpose, on the part of that person, to 
thwart interception by changing facilities.'' and inserting ``that the 
person had the intent to thwart interception or that the person's 
actions and conduct would have the effect of thwarting interception 
from a specified facility.''.
    (b) Section 2518(11)(b)(iii) of such Code is amended to read as 
follows:
                    ``(iii) the judge finds that such showing has been 
                adequately made.''.
    (c) The amendments made by subsections (a) and (b) of this section 
shall be effective 1 day after the enactment of this Act.

SEC. 3. REVISION TO EXISTING AUTHORITY FOR EMERGENCY WIRETAPS.

    (a) Grounds for Interception.--Section 2518(7)(a) of title 18, 
United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (a)(ii);
            (2) by inserting ``or'' at the end of subparagraph (iii); 
        and
            (3) by adding the following new subparagraph:
                    ``(iv) an act of terrorism (as defined in section 
                3077(1) of this title),''.

SEC. 4. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN 
              COUNTERINTELLIGENCE INVESTIGATIONS.

    (a) Application.--Section 3122(b)(2) of title 18, United States 
Code, is amended by inserting ``or foreign counterintelligence'' after 
``criminal''.
    (b) Order.--
            (1) Section 3123(a) of title 18, United States Code, is 
        amended by inserting ``or foreign counterintelligence'' after 
        ``criminal''.
            (2) Section 3123(b)(1) of title 18, United States Code, is 
        amended in subparagraph (B), by striking ``criminal''.

SEC. 5. ADDITION OF TERRORIST OFFENSES AS RICO PREDICATES.

    (a) Title 18 Offenses.--Section 1961(1)(B) of title 18 of the 
United States Code is amended by--
            (1) inserting ``32 (relating to the destruction of 
        aircraft), section 37 (relating to violence at international 
        airports), section 115 (relating to influencing, impeding, or 
        retaliating against a Federal official by threatening or 
        injuring a family member), section'' after ``Section'';
            (2) inserting ``section 351 (relating to Congressional or 
        Cabinet officer assassination,'' after ``section 224 (relating 
        to sports bribery),'';
            (3) inserting ``section 831 (relating to prohibited 
        transactions involving nuclear materials), section 844(f) or 
        (i) (relating to destruction by explosives or fire of 
        government property or property affecting interstate or foreign 
        commerce),'' after ``section 664 (relating to embezzlement from 
        pension and welfare funds),'';
            (4) inserting ``section 930(c) (relating to violent attacks 
        against Federal buildings), section 956 (relating to conspiracy 
        to kill, kidnap, maim, or injure certain property in a foreign 
        country),'' after ``sections 891-894 (relating to extortionate 
        credit transactions),'';
            (5) inserting ``section 1111 (relating to murder), section 
        1114 (relating to murder of United States law enforcement 
        officials), section 1116 (relating to murder of foreign 
        officials, official guests, or internationally protected 
        persons), section 1203 (relating to hostage taking),'' after 
        ``section 1084 (relating to the transmission of gambling 
        information),'';
            (6) inserting ``section 1361 (relating to willful injury of 
        government property), section 1363 (relating to destruction of 
        property within the special maritime and territorial 
        jurisdiction),'' after ``section 1344 (relating to financial 
        institution fraud),'';
            (7) inserting ``section 1751 (relating to Presidential 
        assassination),'' after ``sections 1581-1588 (relating to 
        peonage and slavery),'';
            (8) inserting ``section 1992 (relating to train wrecking), 
        section 2280 (relating to violence against maritime 
        navigation), section 2281 (relating to violence against 
        maritime fixed platforms),'' after ``section 1958 (relating to 
        use of interstate commerce facilities in the commission of 
        murder-for-hire),''; and
            (9) inserting ``section 2332 (relating to terrorist acts 
        abroad against United States nationals), section 2332a 
        (relating to use of weapons of mass destruction), section 2332b 
        (relating to acts of terrorism transcending national 
        boundaries), section 2332c (relating to use of chemical 
        weapon), section 2339A (relating to providing material support 
to terrorists),'' after ``2321 (relating to trafficking in certain 
motor vehicles or motor vehicle parts),''.
    (b) Non-Title 18 Offense.--Section 1961(1) of title 18 of the 
United States Code is amended--
            (1) by striking ``or'' before ``(E)'';
            (2) by striking ``or'' before ``(F); and
            (3) by inserting at the end the following: ``or (G) section 
        46502 of title 49, United States Code;''.
    (c) Limitation to Civil RICO.--The amendments made by this section 
shall not apply with respect to section 1964(c) of title 18, United 
States Code.

SEC. 6. INTERCEPTIONS OF COMMUNICATIONS.

    (a) Authorization of Interceptions in Certain Terrorism Related 
Offenses.--Section 2516(1) of title 18, United States Code, is 
amended--
            (1) by striking ``and'' at the end of subparagraph (n);
            (2) by redesignating subparagraph (o) as subparagraph (q); 
        and
            (3) by inserting after subparagraph (n) the following:
    ``(o) any violation of section 956 or section 960 (relating to 
certain actions against foreign nations), section 1114 (relating to 
protection of officers and employees of the United States), section 
1116 (relating to murder of foreign officials, official guests, or 
internationally protected persons), section 2332 (relating to terrorist 
acts abroad), section 2332a (relating to weapons of mass destruction), 
section 2332b (relating to acts of terrorism transcending national 
boundaries), section 2339A (relating to providing material support to 
terrorists), section 37 (relating to violence at international 
airports) of title 18, United States Code; or
    ``(p) any felony violation of section 842 (relating to explosives) 
of this title; and''.
    (b) Reports Concerning Intercepted Communications.--Subsection (6) 
of section 2518 of title 18, United States Code is amended to read as 
follows:
            ``(6) Whenever an order authorizing interception is entered 
        under this chapter, the order shall require the attorney for 
        the Government to file a report with the judge who issued the 
        order showing what progress has been made toward achievement of 
        the authorized objective and the need for continued 
        interception. Such report shall be made 15 days after the 
        interception has begun. No other reports shall be made to the 
        judge under this subsection.''.

SEC. 7. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

    Section 1605(a)(7)(B)(ii) of title 28, United States Code, is 
amended by striking ``the claimant or victim was not a national'' and 
inserting ``neither the claimant nor the victim were nationals''.

SEC. 8. CLERICAL AMENDMENTS RELATING TO CRIME.

    (a) Correcting Error in Amendatory Instructions.--Section 107(b) of 
the Antiterrorism and Effective Death Penalty Act of 1996 is amended by 
striking ``IV'' and inserting ``VI''.
    (b) Correcting Error in Description of Provision Amended.--With 
respect to subparagraph (F) only of paragraph (1) of section 205(a) of 
the Antiterrorism and Effective Death Penalty Act of 1996, the 
reference at the beginning of such paragraph to ``subsection (a)(1)'' 
shall be deemed a reference to ``subsection (a)''.
    (c) Addition of Missing Reference.--Section 725(2) of the 
Antiterrorism and Effective Death Penalty Act of 1996 is amended by 
inserting ``(2)'' after ``subsection (b)''.
    (d) Conforming Amendment to Table of Sections.--The table of 
sections at the beginning of chapter 203 of title 18, United States 
Code, is amended by inserting after the item relating to section 3059A 
the following new item:

``3059B. General reward authority.''.
    (e) Insertion of Missing Punctuation.--Section 6005(b)(3) of title 
18, United States Code, is amended by adding a period at the end.
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