I

104TH CONGRESS

2D SESSION H. R. 3409

To combat domestic terrorism.

IN THE HOUSE OF REPRESENTATIVES

MAY 7, 1996

Mr. SCHUMER (for himself and Mr. CONYERS) introduced the following bill;

which was referred to the Committee on the Judiciary

A BILL

To combat domestic 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 ‘‘Effective Antiterrorism

5 Tools for Law Enforcement Act of 1996’’.

6 SEC. 2. PEN REGISTERS AND TRAP AND TRACE DEVICES IN

7 FOREIGN COUNTERINTELLIGENCE AND

8 COUNTERTERRORISM INVESTIGATIONS.

9 (a) IN GENERAL.—Chapter 206, title 18, United

10 States Code, is amended—

11 (1) by redesignating section 3127 as section

12 3128; and
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1 (2) by inserting after section 3126 the follow2 ing:

3 ‘‘§ 3127. Pen register or a trap and trace device in

4 foreign counterintelligence and counter5 terrorism investigations

6 ‘‘(a) Notwithstanding any other law, this chapter

7 shall be applicable to foreign counterintelligence and inter8 national terrorism investigations conducted by the Federal

9 Bureau of Investigation.

10 ‘‘(b) An application under this section for an order

11 or an extension of an order under section 3123 of this

12 title shall include—

13 ‘‘(1) the identity of the attorney for the Govern14 ment and the fact that the investigation is being

15 conducted by the Federal Bureau of Investigation;

16 and

17 ‘‘(2) a certification by the applicant that the in18 formation likely to be obtained is relevant to an on19 going foreign counterintelligence or international ter20 rorism investigation being conducted by the Federal

21 Bureau of Investigation.

22 ‘‘(c) All applications and orders under this section

23 shall be maintained by the Federal Bureau of Investiga24 tion.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 206 is amended—

3 (1) in the item relating to section 3127 by

4 striking ‘‘3127’’ and inserting ‘‘3128’’; and

5 (2) by adding after the item relating to section

6 3126 the following:

‘‘3127. Pen register or a trap and trace device in foreign counterintelligence and

counterterrorism investigations.’’.

7 SEC. 3. ACCESS TO RECORDS OF COMMON CARRIERS, PUB8 LIC ACCOMMODATION FACILITIES, PHYSICAL

9 STORAGE FACILITIES AND VEHICLE RENTAL

10 FACILITIES IN FOREIGN COUNTERINTEL11 LIGENCE AND COUNTERTERRORISM CASES.

12 Title 18, United States Code, is amended by inserting

13 after chapter 121 the following:

14 ‘‘CHAPTER 122—ACCESS TO CERTAIN RECORDS

15 ‘‘§ 2720. Access to records of common carriers, public

16 accommodation facilities, physical

17 storage facilities and vehicle rental

18 facilities in counterintelligence and

19 counterterrorism cases

20 ‘‘(a) Any common carrier, public accommodation fa21 cility, physical storage facility or vehicle rental facility

22 shall comply with a request for records in its possession

23 made pursuant to this section by the Federal Bureau of

24 Investigation when the Director or designee (whose rank
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1 shall be no lower than Assistant Special Agent in Charge)

2 certifies in writing to the common carrier, public accom3 modation facility, physical storage facility or vehicle rental

4 facility that such records are sought for foreign counter5 intelligence purposes and that there are specific and

6 articulable facts giving reason to believe that the person

7 to whom the records sought pertain, is a foreign power

8 or an agent of a foreign power as defined in section 101

9 of the Foreign Intelligence Surveillance Act (50 U.S.C.

10 1801).

11 ‘‘(b) No common carrier, public accommodation facil12 ity, physical storage facility or vehicle rental facility or any

13 officer, employee or agent of such common carrier, public

14 accommodation facility, physical storage facility or vehicle

15 rental facility shall disclose to any person, other than

16 those officers, agents or employees of the common carrier,

17 public accommodation facility, physical storage facility or

18 vehicle rental facility necessary to fulfill the requirement

19 to disclose the information to the Federal Bureau of Inves20 tigation under this section, that the Federal Bureau of

21 Investigation has sought or obtained the records re22 quested.

23 ‘‘(c) As used in this chapter—

24 ‘‘(1) the term ‘common carrier’ means a loco25 motive, a rail carrier, a bus carrying passengers, a
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1 water common carrier, an air common carrier, or a

2 private commercial interstate carrier for the delivery

3 of packages and other objects;

4 ‘‘(2) the term ‘public accommodation facility’

5 means any inn, hotel, motel or other establishment

6 which provides lodging to transient guests;

7 ‘‘(3) the term ‘physical storage facility’ means

8 any business or entity which provides space for the

9 storage of goods or materials, or services related to

10 the storage of goods or materials to the public or

11 any segment thereof; and

12 ‘‘(4) the term ‘vehicle rental facility’ means any

13 person or entity which provides vehicles for rent,

14 lease, loan or other similar use, to the public or any

15 segment thereof.’’.

16 SEC. 4. INTEGRITY OF WIRE INTERCEPTION PROCESS.

17 Section 2515 of title 18, United States Code, is

18 amended by adding at the end the following: ‘‘This section

19 shall not apply to the disclosure by the United States in

20 a criminal trial or hearing or before a grand jury of the

21 contents of a wire or oral communication, or evidence de22 rived therefrom, unless the violation of this chapter was

23 with respect to an interception under section 2518(7) or

24 involved bad faith by law enforcement.’’.
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1 SEC. 5. AUTHORITY FOR WIRETAPS.

2 Section 2516(1) of title 18, United States Code, is

3 amended—

4 (1) by inserting ‘‘section 842 (relating to explo5 sives violations)’’ after ‘‘section 224 (bribery in

6 sporting contests)’’;

7 (2) by striking ‘‘and’’ at the end of paragraph

8 (n);

9 (3) by striking the period at the end of para10 graph (o) and inserting ‘‘; and’’; and

11 (4) by adding at the end the following:

12 ‘‘(p) any other felony under the laws of the

13 United States if the Attorney General, the Deputy

14 Attorney General, or the Assistant Attorney General

15 for the Criminal Division (or an official acting in

16 any such capacity) certifies to the court under seal

17 that there is reason to believe the felony involves or

18 may involve domestic terrorism or international ter19 rorism (as those terms are defined in 18 U.S.C.

20 2331).’’.

21 SEC. 6. TEMPORARY EMERGENCY WIRETAP AUTHORITY IN22 VOLVING TERRORISTIC CRIMES.

23 (a) EMERGENCY AUTHORITY.—Section

24 2518(7)(a)(iii) of title 18, United States Code, is amended

25 by inserting ‘‘or domestic terrorism or international ter-
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1 rorism (as those terms are defined in section 2331 of this

2 title)’’ after ‘‘organized crime’’.

3 (b) DEFINITION OF DOMESTIC TERRORISM.—Section

4 2331 of title 18, United States Code, is amended by in5 serting the following after paragraph (4):

6 ‘‘(5) the term ‘domestic terrorism’ means any

7 activities that involve violent acts or acts dangerous

8 to human life that are a violation of the criminal

9 laws of the United States or of any State and which

10 appear to be intended to intimidate or coerce a civil11 ian population or to influence the policy of a govern12 ment by intimidation or coercion; or to affect the

13 conduct of a government by assassination or kidnap14 ping.’’

15 SEC. 7. EXPANDED AUTHORITY FOR MULTI-POINT WIRE16 TAPS.

17 Section 2518(11) of title 18, United States Code, is

18 amended to read as follows:

19 ‘‘(11) The requirements of subsections (1)(b)(ii) and

20 (3)(d) of this section relating to the specification of facili21 ties from which or the place where the communication is

22 to be intercepted do not apply if in the case of an applica23 tion with respect to the interception of wire, oral or elec24 tronic communications—
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1 ‘‘(a) the application is by a Federal investiga2 tive or law enforcement officer, and is approved by

3 the Attorney General, the Deputy Attorney General,

4 the Associate Attorney General, or an Assistant At5 torney General (or an official acting in any such ca6 pacity);

7 ‘‘(b) the application contains a full and com8 plete statement as to why such specification is not

9 practical and identifies the person committing the

10 offense and whose communications are to be inter11 cepted; and

12 ‘‘(c) the judge finds that such specification is

13 not practical.’’.

14 SEC. 8. PERMISSION TO REQUEST MILITARY ASSISTANCE

15 AND NEW OFFENSE WITH RESPECT TO OF16 FENSES INVOLVING CHEMICAL AND BIOLOGI17 CAL WEAPONS.

18 (a) BIOLOGICAL WEAPONS.—Section 175 of title 18,

19 United States Code, is amended by adding at the end the

20 following:

21 ‘‘(c)(1) MILITARY ASSISTANCE.—Notwithstanding

22 any other provision of law, the Attorney General may re23 quest that the Secretary of Defense provide technical as24 sistance in support of Department of Justice activities re25 lating to the enforcement of this section in situations in-
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1 volving biological weapon emergencies. Department of De2 fense resources, including civilian personnel and members

3 of the uniformed services, may be used to provide such

4 technical assistance if—

5 ‘‘(A) the Secretary of Defense and the Attorney

6 General determine that an emergency situation in7 volving biological weapons of mass destruction ex8 ists; and

9 ‘‘(B) the Secretary of Defense determines that

10 the provision of such assistance will not adversely af11 fect the military preparedness of the United States.

12 ‘‘(2) As used in this subsection, ‘emergency situation’

13 means a circumstance—

14 ‘‘(A) that poses a serious threat to the interests

15 of the United States; and

16 ‘‘(B) in which—

17 ‘‘(i) enforcement of the law would be seri18 ously impaired if the assistance were not pro19 vided;

20 ‘‘(ii) military technical assistance and ex21 pertise is needed to counter the threat posed by

22 the biological agent involved; and

23 ‘‘(iii) civilian law enforcement expertise is

24 not available to provide the required technical

25 assistance.
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1 ‘‘(3) As used in this subsection, ‘technical assistance’

2 means the provision of equipment and technical expertise

3 to law enforcement officials in the investigation of viola4 tions of this section, such as technical assistance in con5 ducting searches that seek evidence or instrumentalities

6 of violations of this section, technical assistance in taking

7 and collecting evidence related to violations of this section,

8 and technical assistance in disarming and disabling indi9 viduals in possession of contraband under this section. It

10 does not include authority to apprehend or arrest.

11 ‘‘(4) The Secretary of Defense may require reim12 bursement as a condition of assistance under this section.

13 ‘‘(5) The Attorney General may delegate the Attorney

14 General’s function under this subsection only to a Deputy,

15 Associate, or Assistant Attorney General.’’.

16 (b) USE OF CHEMICAL WEAPONS.—Title 18, United

17 States Code, is amended by inserting after section 2332d

18 the following:

19 ‘‘§ 2332e. Use of chemical weapons

20 ‘‘(a) OFFENSE.—A person who without lawful au21 thority uses, or attempts or conspires to use, a chemical

22 weapon—

23 ‘‘(1) against a national of the United States

24 while such national is outside of the United States;
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1 ‘‘(2) against any person within the United

2 States; or

3 ‘‘(3) against any property that is owned, leased

4 or used by the United States or by any department

5 or agency of the United States, whether the property

6 is within or outside of the United States,

7 shall be imprisoned for any term of years or for life, and

8 if death results, shall be punished by death or imprisoned

9 for any term of years or for life.

10 ‘‘(b) DEFINITION.—For purposes of this section—

11 ‘‘(1) the term ‘national of the United States’

12 has the meaning given in section 101(a)(22) of the

13 Immigration and Nationality Act (8 U.S.C.

14 1101(a)(22)); and

15 ‘‘(2) the term ‘chemical weapon’ means any

16 weapon that is designed to cause death or serious

17 bodily injury through the release, dissemination, or

18 impact of toxic or poisonous chemicals or their pre19 cursors.

20 ‘‘(c)(1) MILITARY ASSISTANCE.—Notwithstanding

21 any other provision of law, the Attorney General may re22 quest that the Secretary of Defense provide technical as23 sistance in support of Department of Justice activities re24 lating to the enforcement of this section in situations in25 volving chemical weapon emergencies. Department of De-
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1 fense resources, including civilian personnel and members

2 of the uniformed services, may be used to provide such

3 technical assistance if—

4 ‘‘(A) the Secretary of Defense and the Attorney

5 General determine that an emergency situation in6 volving chemical weapons of mass destruction exists;

7 and

8 ‘‘(B) the Secretary of Defense determines that

9 the provision of such assistance will not adversely af10 fect the military preparedness of the United States.

11 ‘‘(2) As used in this section, ‘emergency situation’

12 means a circumstance—

13 ‘‘(A) that poses a serious threat to the interests

14 of the United States; and

15 ‘‘(B) in which—

16 ‘‘(i) enforcement of the law would be seri17 ously impaired if the assistance were not pro18 vided;

19 ‘‘(ii) military technical assistance and ex20 pertise is needed to counter the threat posed by

21 the chemical agent involved; and

22 ‘‘(iii) civilian law enforcement expertise is

23 not available to provide the required technical

24 assistance.
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1 ‘‘(3) As used in this section, ‘technical assistance’

2 means the provision of equipment and technical expertise

3 to law enforcement officials in the investigation of viola4 tions of this section, such as technical assistance in con5 ducting searches that seek evidence or instrumentalities

6 of violations of this section, technical assistance in taking

7 and collecting evidence related to violations of this section,

8 and technical assistance in disarming and disabling indi9 viduals in possession of contraband under this section. It

10 does not include authority to apprehend or arrest.

11 ‘‘(4) The Secretary of Defense may require reim12 bursement as a condition of assistance under this section.

13 ‘‘(5) The Attorney General may delegate the Attorney

14 General’s function under this subsection only to a Deputy,

15 Associate, or Assistant Attorney General.’’.

16 (c) CLERICAL AMENDMENT.—The table of chapters

17 at the beginning of chapter 113B of title 18, United

18 States Code, is amended by adding after the item relating

19 to section 2332d the following:

‘‘§ 2332e. Use of chemical weapons.’’.

20 (d) CLARIFICATION OF LAWFUL AUTHORITY DE21 FENSE.—Section 2332a(a) of title 18, United States

22 Code, is amended by striking ‘‘A person who’’ and insert23 ing ‘‘Whoever, without lawful authority,’’.

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