Statement of Administration Policy: H.R. 2703 - Effective Death Penalty and Antiterrorism Act

(House Rules)
(Hyde (R) IL and three cosponsors)

The Administration welcomes long-awaited action by the House of Representatives to pass a major counterterrorism bill. Both the Executive and Legislative branches must ensure that adequate legal tools and resources are available to protect our Nation and its people against threats to their safety and well-being. The tragic bombing of the Murrah Federal Building in Oklahoma City on April 19, 1995, the most egregious in a disturbing trend of recent terrorist attacks in the United States, highlights the need to enhance the Federal Gnvemment's ahility to investigate, prosecute, and punish terrorist activity.

Several key principles and goals should govern consideration of any such antiterrorism legislation. First, American lives must be protected without sacrificing cherished American rights and freedoms. Second, law enforcement must be given the tools it needs to do the job. Third, terrorists must be barred from this country. Fourth, steps must be taken to prevent terrorists from obtaining funds and other forms of material support in the United States.

President's Antiterrorism Proposals

The President has transmitted to the Congress two comprehensive legislative proposals: the "Omnibus Counterterrorism Act of 1995" and the "Antiterrorism Amendments Act of 1995." These combined proposals respond forcefully to the challenges of domestic and international terrorism. They include, among others, the following provisions:

— Federal criminal jurisdiction for any international terrorist attack in the United States as well as for terrorists who use the United States as a base from which to plan activities overseas.

— A mechanism to deport alien terrorists expeditiously and fairly, but without risking disclosure of national security information and sources.

— A workable means of preventing fundraising in the United States that supports international terrorism overseas.

— A means of gaining access to credit reports in antiterrorism cases in the same manner as banking records are available under current legal procedures.

— Authority to use the existing "national security letter" process to obtain records in terrorism investigations from hotels, motels, common carriers, and storage and rental facilities.

— Implementation of the Plastic Explosives Convention that requires chemicals to be added in plastic explosives to permit their detection and. to help avoid future incidents like the tragic destruction of Pan Am 103 over Lockerbie, Scotland.

— Requirement of inclusion of microscopic taggants .in explosives for tracing purposes.

— Expansion of the authority of law enforcement to use electronic surveillance by: expanding the list of felonies that could be used as the basis for court-ordered surveillance; applying the same standard in national security cases as is currently used in routine criminal cases for "pen registers" and "trap and trace" devices; and authorizing .multiple point wiretaps to enable law enforcement to move with a terrorist suspect as he moves from phone to phone.

— A new Federal offense for the unauthorized use of chemical weapons in solid and liquid form.

— A new Federal offense for the knowing possession of stolen explosives; enhanced penalties for transfer of firearms or explosives knowing they will be used in a crime of violence and for terrorist attacks against Federal employees and their families; and extension of the statute of limitations for certain firearms offenses.

The Provisions of H.R. 2703

Many of the provisions proposed by the Administration are included in the last available version of H.R. 2703 in the same or similar form. Several provisions, however, require modification — in some cases substantially — in order to ensure their effectiveness in combating terrorism.

These provisions include, but are not limited to, those involving: jurisdiction over international terrorism; terrorist fundraising; judicial review of Consular decisions to reject visa applications on the basis of membership in a terrorist organization; alien terrorist exclusion and removal and other immigration-related provisions; use of pen registers, trap and trace devices, and business records in counterintelligence investigations; and disclosure of credit reports. The Administration hopes to work with the conference committee to improve these provisions.

Moreover, the Administration opposes provisions exempting certain businesses from anti-discrimination requirements of the Immigration and Nationality Act and, in their current form, advising the President to negotiate bilateral prisoner transfer treaties and requiring repatriation of certain illegal entrants. The Administration also has serious problems with the bill's provision that would amend the Foreign Sovereign Immunity Act to permit additional civil actions against foreign governments.

In addition, the bill regrettably fails to incorporate other important provisions proposed by the Administration, including: enhanced authority for electronic surveillance; requirements that taggants be included in standard explosives; and others. The Administration hopes to work with the conference committee to include many of these provisions in the final bill.

Amendments to H.R. 2703

The Administration urges consideration by the House of two counter terrorism provisions recently transmitted to the Congress regarding biological weapons and authority to provide additional assistance to the victims of the Oklahoma City bombing and their families.

The Administration also notes that a number of amendments filed with the Rules Committee would, if made in order and passed, seriously undermine the ability of law enforcement to investigate and prosecute terrorism and other violent Federal crimes.

Finally, H.R. 2703 contains provisions to reform Federal habeas corpus procedures. The Administration has consistently and strongly supported habeas corpus reform in order to assure that criminal offenders receive swift and certain punishment. Indeed, the Administration believes that the bill could be improved to provide additional guarantees that offenders have only "one bite at the apple" and complete the process even more expeditiously. These further limitations should be accompanied by necessary changes in the scope of review afforded to such petitions. H.R. 2703 would establish a standard of review for Federal courts on constitutional issues that is excessively narrow and subject to potentially meritorious constitutional challenge. To achieve the twin goals of finality and fairness, H.R. 2703 should shorten the duration and reduce the number of reviews for each criminal conviction while preserving the full scope of habeas review so that it can continue to serve its historic junction as the last protection against wrongful conviction. The Administration hopes to work with the House and the conferees to achieve these ends.

This Administration is committed to fashioning a strong and effective response to terrorist activity that also preserves civil liberties. In combating terrorism, the guarantees of the Bill of Rights must not be sacrificed, and we will not do so. The Executive and Legislative branches must work together to ensure the utilization of every available means to prevent, investigate, and prosecute terrorist acts that threaten American lives.