I

104TH CONGRESS

1ST SESSION H. R. 1635

To combat domestic terrorism.

IN THE HOUSE OF REPRESENTATIVES

MAY 15, 1995

Mr. GEPHARDT (by request) introduced the following bill; which was referred

to the Committee on the Judiciary, and in addition to the Committees

on Banking and Financial Services and Commerce, for a period to be

subsequently determined by the Speaker, in each case for consideration

of such provisions as fall within the jurisdiction of the committee concerned

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 ‘‘Antiterrorism Amend5 ments Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The following is the table of contents for this Act:

Sec. 1. Short title.

Sec. 2. Table of contents.
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TITLE I—SUBSTANTIVE INVESTIGATIVE ENHANCEMENTS

Sec. 101. Pen registers and trap and trace devices in foreign counterintelligence

and counterterrorism investigations.

Sec. 102. Disclosure of information and consumer reports to FBI for foreign

counterintelligence purposes.

Sec. 103. Study and requirements for tagging of explosive materials, and study

and recommendations for rendering explosive components inert

and imposing controls on precursors of explosives.

Sec. 104. Access to records of common carriers, public accommodation facilities, physical storage facilities and vehicle rental facilities in

foreign counterintelligence and counterterrorism cases.

Sec. 105. Limitation of statutory exclusionary rule.

Sec. 106. Authority for wiretaps in any terrorism-related or explosives felony.

Sec. 107. Temporary emergency wiretap authority involving terroristic crimes.

Sec. 108. Expanded authority for roving wiretaps.

Sec. 109. Enhanced access to telephone billing records.

Sec. 110. Requirement to preserve evidence.

Sec. 111. Permission to request military assistance with respect to offenses involving chemical and biological weapons.

Sec. 112. General reward authority of the Attorney General.

TITLE II—SUBSTANTIVE PROSECUTIVE ENHANCEMENTS

Sec. 201. Possession of stolen explosives.

Sec. 202. Protection of Federal employees on account of the performance of

their official duties.

TITLE III—CRIMINAL PENALTIES

Sec. 301. Mandatory penalty for transferring a firearm knowing that it will be

used to commit a crime of violence.

Sec. 302. Mandatory penalty for transferring an explosive material knowing

that it will be used to commit a crime of violence.

Sec. 303. Increase period of limitations for National Firearms Act.

TITLE IV—FUNDING

Sec. 401. Civil monetary penalty surcharge and telecommunications carrier

compliance payments.

1 TITLE I—SUBSTANTIVE INVESTIGATIVE

2 ENHANCEMENTS

3 SEC. 101. PEN REGISTERS AND TRAP AND TRACE DEVICES

4 IN FOREIGN COUNTERINTELLIGENCE AND

5 COUNTERTERRORISM INVESTIGATIONS.

6 (a) Chapter 206, title 18, United States Code, is

7 amended—
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1 (1) by redesignating section 3127 as section

2 3128; and

3 (2) by adding the following new section 3127:

4 § 3127. Pen register or a trap and trace device in

5 foreign counterintelligence and counter6 terrorism investigations

7 ‘‘(a) Notwithstanding any other law, the provisions

8 of this chapter shall be applicable to foreign counterintel9 ligence and international terrorism investigations con10 ducted by the Federal Bureau of Investigation.

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

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

13 title shall include—

14 ‘‘(1) the identity of the attorney for the Govern15 ment and the fact that the investigation is being

16 conducted by the Federal Bureau of Investigation;

17 and

18 ‘‘(2) a certification by the applicant that the in19 formation likely to be obtained is relevant to an on20 going foreign counterintelligence or international ter21 rorism investigation being conducted by the Federal

22 Bureau of Investigation.

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

24 shall be maintained by the Federal Bureau of Investiga25 tion.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 206 is amended—

3 (1) to renumber section 3128 as redesignated;

4 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. 102. DISCLOSURE OF INFORMATION AND CONSUMER

8 REPORTS TO FBI FOR FOREIGN COUNTER9 INTELLIGENCE PURPOSES.

10 (a) IN GENERAL.—The Fair Credit Reporting Act

11 (15 U.S.C. 1681 et seq.) is amended by adding after sec12 tion 623 the following new section:

13 ‘‘§ 624. Disclosures to FBI for foreign counterintel14 ligence purposes

15 ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not16 withstanding section 604 or any other provision of this

17 title, a consumer reporting agency shall furnish to the

18 Federal Bureau of Investigation the names and addresses

19 of all financial institutions (as that term is defined in sec20 tion 1101 of the Right to Financial Privacy Act of 1978)

21 at which the consumer maintains or has maintained an

22 account, to the extent that information is in the files of

23 the agency, when presented with a written request for that

24 information, signed by the Director of the Federal Bureau
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1 of Investigation, or the Director’s designee (who shall be

2 an individual with the rank and title of Deputy Assistant

3 Director or above), which certifies compliance with this

4 section. The Director or the Director’s designee may make

5 such a certification only if the Director or the Director’s

6 designee has determined in writing that—

7 ‘‘(1) such information is necessary for the con8 duct of an authorized foreign counterintelligence in9 vestigation; and

10 ‘‘(2) there are specific and articulable facts giv11 ing reason to believe that the consumer—

12 ‘‘(A) is a foreign power (as defined in sec13 tion 101 of the Foreign Intelligence Surveil14 lance Act (50 U.S.C. 1801) or a person who is

15 not a United States person (as defined in such

16 section 101) and is an official of a foreign

17 power; or

18 ‘‘(B) is an agent of a foreign power and is

19 engaging or has engaged in international terror20 ism (as that term is defined by 18 U.S.C.

21 2331) or clandestine intelligence activities that

22 involve a violation of criminal statutes of the

23 United States.

24 ‘‘(b) IDENTIFYING INFORMATION.—Notwithstanding

25 the provisions of section 604 or any other provision of this
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1 title, a consumer reporting agency shall furnish identifying

2 information respecting a consumer, limited to name, ad3 dress, former addresses, places of employment, or former

4 places of employment, to the Federal Bureau of Investiga5 tion when presented with written request, signed by Direc6 tor or the Director’s authorized designee, which certifies

7 compliance with this subsection. The Director or the Di8 rector’s authorized designee may make such a certification

9 only if the Director or the Director’s authorized designee

10 has determined in writing that—

11 ‘‘(1) such information is necessary for the con12 duct of an authorized foreign counterintelligence in13 vestigation; and

14 ‘‘(2) there is information giving reason to be15 lieve that the consumer has been, or is about to be,

16 in contact with a foreign power or an agent of a for17 eign power (as defined in section 101 of the Foreign

18 Intelligence Surveillance Act (50 U.S.C. 1801)).

19 ‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER

20 REPORTS.—Notwithstanding section 604 or any other

21 provision of this title, if requested in writing by the Direc22 tor of the Federal Bureau of Investigation, or authorized

23 designee of the Director, a court may issue an order ex

24 parte directing a consumer reporting agency to furnish a
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1 consumer report to the Federal Bureau of Investigation,

2 upon a showing in camera that—

3 ‘‘(1) the consumer report is necessary for the

4 conduct of an authorized foreign counterintelligence

5 investigation; and

6 ‘‘(2) there are specific and articulable facts giv7 ing reason to believe that the consumer whose

8 consumer report is sought—

9 ‘‘(A) is an agent of a foreign power; and

10 ‘‘(B) is engaging or has engaged in inter11 national terrorism (as that term is defined in

12 18 U.S.C. 2331) or clandestine intelligence ac13 tivities that involve a violation of criminal stat14 utes of the United States.

15 The terms of an order issued under this subsection shall

16 not disclose that the order is issued for purposes of a for17 eign counterintelligence investigation.

18 ‘‘(d) CONFIDENTIALITY.—No consumer reporting

19 agency or officer, employee, or agent of a consumer report20 ing agency shall disclose to any person, other than those

21 officers, employees, or agents of a consumer reporting

22 agency necessary to fulfill the requirement to disclosure

23 information to the Federal Bureau of Investigation under

24 this section, that the Federal Bureau of Investigation has

25 sought or obtained the identify of financial institutions or
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1 a consumer report respecting any consumer under sub2 section (a), (b), or (c) and no consumer reporting agency

3 or officer, employee, or agent of a consumer reporting

4 agency shall include in any consumer report any informa5 tion that would indicate that the Federal Bureau of Inves6 tigation has sought or obtained such information or a

7 consumer report.

8 ‘‘(e) PAYMENT OF FEES.—The Federal Bureau of

9 Investigation shall, subject to the availability of appropria10 tions, pay to a consumer reporting agency assembling or

11 providing reports or information in accordance with proce12 dures established under this section, a fee for reimburse13 ment for such costs as are reasonably necessary and which

14 have been directly incurred in searching, reproducing or

15 transporting books, papers, records, or other data required

16 or requested to be produced under this section.

17 ‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu18 reau of Investigation may not disseminate information ob19 tained pursuant to this section outside of the Federal Bu20 reau of Investigation, except as may be necessary for the

21 approval or conduct of a foreign counterintelligence inves22 tigation, or, where the information concerns a person sub23 ject to the Uniform Code of Military Justice to appro24 priate investigative authorities within the military depart-
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1 ment concerned as may be necessary for the conduct of

2 a joint foreign counterintelligence investigation.

3 ‘‘(g) RULES OF CONSTRUCTION.—Nothing in this

4 section shall be construed to prohibit information from

5 being furnished by the Federal Bureau of Investigation

6 pursuant to a subpoena or court order, or in connection

7 with a judicial or administrative proceeding to enforce the

8 provisions of this Act. Nothing in this section shall be con9 strued to authorize or permit the withholding of informa10 tion from the Congress.

11 ‘‘(h) REPORTS TO CONGRESS.—On a semiannual

12 basis, the Attorney General of the United States shall fully

13 inform the Permanent Select Committee on Intelligence

14 and the Committee on Banking and Financial Services of

15 the House of Representatives, and the Select Committee

16 on Intelligence and the Committee on Banking, Housing,

17 and Urban Affairs of the Senate concerning all requests

18 made pursuant to subsections (a), (b), and (c).

19 ‘‘(i) DAMAGES.—Any agency or department of the

20 United States obtaining or disclosing any consumer re21 ports, records, or information contained therein in viola22 tion of this section is liable to the consumer to whom such

23 consumer reports, records, or information relate in an

24 amount equal to the sum of—
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1 ‘‘(1) $100, without regard to the volume of

2 consumer reports, records, or information involved;

3 ‘‘(2) any actual damages sustained by the

4 consumer as a result of the disclosure;

5 ‘‘(3) if the violation is found to have been will6 ful or intentional, such punitive damages as a court

7 may allow; and

8 ‘‘(4) in the case of any successful action to en9 force liability under this subsection, the costs of the

10 action, together with reasonable attorney fees, as de11 termined by the court.

12 ‘‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a

13 court determines that any agency or department of the

14 United States has violated any provision of this section

15 and the court finds that the circumstances surrounding

16 the violation raise questions of whether or not an officer

17 or employee of the agency or department acted willfully

18 or intentionally with respect to the violation, the agency

19 or department shall promptly initiate a proceeding to de20 termine whether or not disciplinary action is warranted

21 against the officer or employee who was responsible for

22 the violation.

23 ‘‘(k) GOOD FAITH EXCEPTION.—Notwithstanding

24 any other provision of this title, any consumer reporting

25 agency or agent or employee thereof making disclosure of
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1 consumer reports or identifying information pursuant to

2 this subsection in good-faith reliance upon a certification

3 of the Federal Bureau of Investigation pursuant to provi4 sions of this section shall not be liable to any person for

5 such disclosure under this title, the constitution of any

6 State, or any law or regulation of any State or any politi7 cal subdivision of any State.

8 ‘‘(l) LIMITATION OF REMEDIES.—Notwithstanding

9 any other provision of this title, the remedies and sanc10 tions set forth in this section shall be the only judicial

11 remedies and sanctions for violation of this section.

12 ‘‘(m) INJUNCTIVE RELIEF.—In addition to any other

13 remedy contained in this section, injunctive relief shall be

14 available to require compliance with the procedures of this

15 section. In the event of any successful action under this

16 subsection, costs together with reasonable attorney fees,

17 as determined by the court, may be recovered.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of the Fair Credit Reporting Act (15

20 U.S.C. 1681a et seq.) is amended by adding after the item

21 relating to section 623 the following:

‘‘624. Disclosures to FBI for foreign counterintelligence purposes.’’.
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1 SEC. 103. STUDY AND REQUIREMENTS FOR TAGGING OF EX2 PLOSIVE MATERIALS, AND STUDY AND REC3 OMMENDATIONS FOR RENDERING EXPLO4 SIVE COMPONENTS INERT AND IMPOSING

5 CONTROLS OR PRECURSORS OF EXPLOSIVES.

6 (a) The Secretary of the Treasury shall conduct a

7 study and make recommendations concerning—

8 (1) the tagging of explosive materials for pur9 poses of detection and identification;

10 (2) whether common chemicals used to manu11 facture explosive materials can be rendered insert

12 and whether it is feasible to require it; and

13 (3) whether controls can be imposed on certain

14 precursor chemicals used to manufacture explosive

15 materials and whether it is feasible to require it.

16 In conducting the study, the Secretary shall consult with

17 other Federal, State and local officials with expertise in

18 this area and such other individuals as shall be deemed

19 necessary. Such study shall be complete within 12 months

20 after the enactment of this Act and shall be submitted

21 to the Congress and made available to the public. Such

22 study may include, if appropriate, recommendations for

23 legislation.

24 (b) There are authorized to be appropriated for the

25 study and recommendations contained in paragraph (a)

26 such sums as may be necessary.
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1 (c) Section 842, of title 18, United States Code, is

2 amended by inserting after subsection (k), a new sub3 section (l) which reads as follows:

4 ‘‘(l) It shall be unlawful for any person to manufac5 ture, import, ship, transport, receive, possess, transfer, or

6 distribute any explosive material that does not contain a

7 tracer element as prescribed by the Secretary pursuant to

8 regulation, knowing or having reasonable cause to believe

9 that the explosive material does not contain the required

10 tracer element.’’.

11 (d) Section 844, of title 18, United States Code, is

12 amended by inserting after ‘‘(a) through (i)’’ the phrase

13 ‘‘and (l)’’.

14 (e) Section 846, of title 18, United States Code, is

15 amended by designating the present section as ‘‘(a),’’ and

16 by adding a new subsection (b) reading as follows:

17 ‘‘(b) To facilitate the enforcement of this chapter, the

18 Secretary may provide by regulation for the addition of

19 tracer elements to explosive materials manufactured in or

20 imported into the United States. Tracer elements to be

21 added to explosive materials under provisions of this sub22 section shall be of such character and in such quantity

23 as the Secretary may authorize or require, and such as

24 will not substantially impair the quality of the explosive

25 materials for their intended lawful use, be unreasonably
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1 unsafe, or have a substantially adverse effect on the envi2 ronment.’’.

3 (f) The penalties provided for herein, shall not take

4 effect until the later of one year from the date of enact5 ment of this Act or 90 days from the date of promulgation

6 of the regulations provided for herein.

7 SEC. 104. ACCESS TO RECORDS OF COMMON CARRIERS,

8 PUBLIC ACCOMMODATION FACILITIES, PHYS9 ICAL STORAGE FACILITIES AND VEHICLE

10 RENTAL FACILITIES IN FOREIGN COUNTER11 INTELLIGENCE AND COUNTERTERRORISM

12 CASES.

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

14 after chapter 121 the following new chapter:

15 ‘‘CHAPTER 122—ACCESS TO CERTAIN RECORDS

16 ‘‘§ 2720. Access to records of common carriers, public

17 accommodation facilities, physical

18 storage facilities and vehicle rental

19 facilities in counterintelligence and

20 counterterrorism cases

21 ‘‘(a) Any common carrier, public accommodation fa22 cility, physical storage facility or vehicle rental facility

23 shall comply with a request for records in its possession

24 made pursuant to this section by the Federal Bureau of

25 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. 105. LIMITATION OF STATUTORY EXCLUSIONARY

17 RULE.

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

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

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

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

22 contents of a wire or oral communication, or evidence de23 rived therefrom, unless the violation of this chapter in24 volved bad faith by law enforcement.’’.
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1 SEC. 106. AUTHORITY FOR WIRETAPS IN ANY TERRORISM2 RELATED OR EXPLOSIVES FELONY.

3 (a) Section 2516(1) of title 18, United States Code,

4 is amended—

5 (1) by inserting after the words ‘‘section 224

6 (bribery in sporting contests)’’, the words ‘‘section

7 842 (relating to explosives violations)’’.

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

9 (n);

10 (3) by striking the period at the end of para11 graph (o) and inserting ‘‘; and’’; and

12 (4) by adding a new paragraph (p) as follows:

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

14 United States if the Attorney General, the Deputy

15 Attorney General, or the Assistant Attorney General

16 for the Criminal Division (or an official acting in

17 any such capacity) certifies to the court under seal

18 that there is reason to believe the felony involves or

19 may involve domestic terrorism or international ter20 rorism (as those terms are defined in 18 U.S.C.

21 2331).’’

22 (b) Section 2510(12) of title 18, United States Code,

23 is amended—

24 (1) by striking ‘‘or’’ at the end of subparagraph

25 (B);
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1 (2) by inserting ‘‘or’’ at the end of subpara2 graph (C); and

3 (3) by adding a new subparagraph (D), as fol4 lows:

5 ‘‘(D) information stored in a communica6 tions system used for the electronic storage and

7 transfer of funds;’’

8 (c) Section 2510(16) of title 18, United States Code,

9 is amended—

10 (1) by inserting ‘‘or’’ at the end of subpara11 graph (D);

12 (2) by striking ‘‘or’’ at the end of subparagraph

13 (E); and

14 (3) by striking subparagraph (F).

15 SEC. 107. TEMPORARY EMERGENCY WIRETAP AUTHORITY

16 INVOLVING TERRORISTIC CRIMES.

17 (a) Section 2518(7)(a)(111) of title 18, United States

18 Code, is amended by inserting ‘‘or domestic terrorism or

19 international terrorism (as those terms are defined in sec20 tion 2331 of this title)’’ after ‘‘organized crime’’.

21 (b) Section 2331 of title 18, United States Code, is

22 amended by inserting the following after paragraph (4):

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

24 activities that involve violent acts or acts dangerous

25 to human life that are a violation of the criminal
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1 laws of the United States or of any State and which

2 appear to be intended to intimidate or coerce a civil3 ian population or to influence the policy of a govern4 ment by intimidation or coercion; or to affect the

5 conduct of a government by assassination or kidnap6 ping.’’

7 SEC. 108. EXPANDED AUTHORITY FOR ROVING WIRETAPS.

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

9 amended to read as follows:

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

11 (3)(d) of this section relating to the specification of facili12 ties from which or the place where the communication is

13 to be intercepted do not apply if in the case of an applica14 tion with respect to the interception of wire, oral or elec15 tronic communications—

16 ‘‘(a) the application is by a federal investigative

17 or law enforcement officer, and is approved by the

18 Attorney General, the Deputy Attorney General, the

19 Associate Attorney General, or an Assistant Attor20 ney General (or an official acting in any such capac21 ity);

22 ‘‘(b) the application contains a full and com23 plete statement as to why such specification is not

24 practical and identifies the person committing the
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1 offense and whose communications are to be inter2 cepted; and

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

4 not practical.’’.

5 SEC. 109. ENHANCED ACCESS TO TELEPHONE BILLING

6 RECORDS.

7 (a) Section 2709(b) of title 18, United States Code,

8 is amended—

9 (1) in paragraph (1)(A), by inserting ‘‘local and

10 long distance’’ before ‘‘toll billing records’’; and

11 (2) by adding at the end a new paragraph (3),

12 as follows:

13 ‘‘(3) request the name, address, length of serv14 ice, and local and long distance toll billing records

15 of a person or entity if the Director (or designee in

16 a position not lower than Deputy Assistant Director)

17 certifies in writing to the wire or electronic commu18 nication service provider to which the request is

19 made that the information sought is relevant to an

20 authorized domestic terrorism (as that term is de21 fined in section 2331(5) of this title) investigation.’’.

22 (b) Section 2703(c)(1)(C) of title 18, United States

23 Code, is amended by inserting ‘‘local and long distance’’

24 before ‘‘telephone toll billing records’’.
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1 SEC. 110. REQUIREMENT TO PRESERVE EVIDENCE.

2 Section 2703 of title 18, United States Code, is

3 amended by adding a new subsection (f), as follows:

4 ‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—A

5 provider of wire or electronic communication services or

6 a remote computing service, upon the request of a govern7 mental entity, shall take all necessary steps to preserve

8 records and other evidence in its possession pending the

9 issuance of a court order or other process. Such records

10 shall be retained for a period of 90 days, which period

11 shall be extended for an additional 90-day period upon a

12 renewed request by the governmental entity.’’.

13 SEC. 111. PERMISSION TO REQUEST MILITARY ASSISTANCE

14 WITH RESPECT TO OFFENSES INVOLVING

15 CHEMICAL AND BIOLOGICAL WEAPONS.

16 (a) Section 175 of title 18, United States Code, is

17 amended by adding a new subsection (c), as follows:

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

19 any other provision of law, the Attorney General may re20 quest that the Secretary of Defense provide technical as21 sistance in support of Department of Justice activities re22 lating to the enforcement of this section in situations in23 volving biological weapon emergencies. Department of De24 fense resources, including civilian personnel and members

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

26 technical assistance if—
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1 ‘‘(A) the Secretary of Defense and the Attorney

2 General determine that an emergency situation in3 volving biological weapons of mass destruction ex4 ists; and

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

6 the provision of such assistance will not adversely af7 fect the military preparedness of the United States.

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

9 means a circumstance—

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

11 of the United States; and

12 ‘‘(B) in which—

13 ‘‘(i) enforcement of the law would be seri14 ously impaired if the assistance were not pro15 vided;

16 ‘‘(ii) military technical assistance and ex17 pertise is needed to counter the threat posed by

18 the biological agent involved; and

19 ‘‘(iii) civilian law enforcement expertise is

20 not available to provide the required technical

21 assistance.

22 ‘‘(3) As used in this section, ‘technical assistance’

23 means the provision of equipment and technical expertise

24 to law enforcement officials in the investigation of viola25 tions of this section, such as technical assistance in con-
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1 ducting searches that seek evidence or instrumentalities

2 of violations of this section, technical assistance in taking

3 and collecting evidence related to violations of this section,

4 and technical assistance in disarming and disabling indi5 viduals in possession of contraband under this section. It

6 does not include authority to apprehend or arrest.

7 ‘‘(4) The Secretary of Defense may require reim8 bursement as a condition of assistance under this section.

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

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

11 Associate, or Assistant Attorney General.’’.

12 (b) Chapter 113B of title 18, United States Code,

13 is amended by adding after section 2332a the following

14 new section:

15 ‘‘§ 2332b. Use of chemical weapons

16 ‘‘(a) OFFENSE.—A person who without lawful au17 thority uses, or attempts or conspires to use, a chemical

18 weapon—

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

20 while such national is outside of the United States;

21 ‘‘(2) against any person within the United

22 States; or

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

24 or used by the United States or by any department
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1 or agency of the United States, whether the property

2 is within or outside of the United States,

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

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

5 for any term of years or for life.

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

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

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

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

10 1101(a)(22)); and

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

12 weapon that is designed to cause death or serious

13 bodily injury through the release, dissemination, or

14 impact of toxic or poisonous chemicals or their pre15 cursors.

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

17 any other provision of law, the Attorney General may re18 quest that the Secretary of Defense provide technical as19 sistance in support of Department of Justice activities re20 lating to the enforcement of this section in situations in21 volving chemical weapon emergencies. Department of De22 fense resources, including civilian personnel and members

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

24 technical assistance if:
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1 ‘‘(A) The Secretary of Defense and the Attor2 ney General determine that an emergency situation

3 involving chemical weapons of mass destruction ex4 ists; and

5 ‘‘(B) The Secretary of Defense determines that

6 the provision of such assistance will not adversely af7 fect the military preparedness of the United States.

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

9 means a circumstance—

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

11 of the United States; and

12 ‘‘(B) in which—

13 ‘‘(i) enforcement of the law would be seri14 ously impaired if the assistance were not pro15 vided;

16 ‘‘(ii) military technical assistance and ex17 pertise is needed to counter the threat posed by

18 the chemical agent involved; and

19 ‘‘(iii) civilian law enforcement expertise is

20 not available to provide the required technical

21 assistance.

22 ‘‘(3) As used in this section, ‘technical assistance’

23 means the provision of equipment and technical expertise

24 to law enforcement officials in the investigation of viola25 tions of this section, such as technical assistance in con-
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1 ducting searches that seek evidence or instrumentalities

2 of violations of this section, technical assistance in taking

3 and collecting evidence related to violations of this section,

4 and technical assistance in disarming and disabling indi5 viduals in possession of contraband under this section. It

6 does not include authority to apprehend or arrest.

7 ‘‘(4) The Secretary of Defense may require reim8 bursement as a condition of assistance under this section.

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

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

11 Associate, or Assistant Attorney General.’’.

12 (c) CLERICAL AMENDMENT.—The chapter analysis

13 for chapter 113B of title 18, United States Code, is

14 amended by adding after the item relating to section

15 2332a the following:

’’§ 2332b. Use of chemical weapons’’.

16 (d) Section 2332a of title 18, United States Code,

17 is amended by inserting between the words ‘‘A person

18 who’’ and ‘‘uses, or attempts’’, the words ‘‘without lawful

19 authority’’, at the beginning of subsection (a).

20 SEC. 112. GENERAL REWARD AUTHORITY OF THE ATTOR21 NEY GENERAL.

22 Chapter 203 of title 18, United States Code, is here23 by amended by adding after section 3059A the following

24 section:
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1 ‘‘§ 3059B. General reward authority

2 ‘‘(a) Notwithstanding any other provision of law, the

3 Attorney General may pay rewards and receive from any

4 department or agency, funds for the payment of rewards

5 under this section, to any individual who assists the De6 partment of Justice in performing its functions.

7 ‘‘(b) If the reward exceeds $100,000, the Attorney

8 General, within thirty (30) days of having authorized the

9 payment of such a reward, shall give notice to the respec10 tive Chairmen of the Committees on Appropriations and

11 the Committees on the Judiciary of the Senate and the

12 House of Representatives.

13 ‘‘(c) A determination made by the Attorney General

14 as to whether to authorize an award under this section

15 and as to the amount of any reward authorized shall be

16 final and conclusive, and no court shall have power or ju17 risdiction to review it.’’.

18 TITLE II—SUBSTANTIVE PROSECUTIVE

19 ENHANCEMENT

20 SEC. 201. POSSESSION OF STOLEN EXPLOSIVES.

21 Section 842(h) of title 18, United States Code, is

22 amended to read as follows:

23 ‘‘(h) It shall be unlawful for any person to receive,

24 possess, transport, ship, conceal, store, barter, sell, dispose

25 of, or pledge or accept as security for a loan, any stolen

26 explosive materials which are moving as, which are part
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1 of, which constitute, or which have been shipped or trans2 ported in, interstate or foreign commerce, either before or

3 after such materials were stolen, knowing or having rea4 sonable cause to believe that the explosive materials were

5 stolen.’’.

6 SEC. 202. PROTECTION OF FEDERAL EMPLOYEES ON AC7 COUNT OF THE PERFORMANCE OF THEIR OF8 FICIAL DUTIES.

9 (a) Section 1114 of title 18, United States Code, is

10 amended to read as follows:

11 ‘‘§ 1114. Protection of officers and employees of the

12 United States

13 ‘‘(a) Whoever kills or attempts to kill any United

14 States official, United States judge, Federal law enforce15 ment officer, or member of the uniformed services, or any

16 other officer or employee of the United States or any agen17 cy of the executive, legislative, or judicial branch thereof,

18 while such officer or employee is engaged in or on account

19 of the performance of official duties or any person assist20 ing such an official, judge, officer, or employee in, or on

21 account of the person’s assistance in, the performance of

22 such duties shall be punished, in the case of murder, as

23 provided under section 1111, or in the case of man24 slaughter, as provided under section 1112, except that any
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1 such person who is found guilty of attempted murder shall

2 be imprisoned for not more than twenty years.

3 ‘‘(b) As used in this section, the terms ‘United States

4 Official; ‘United States judge’, and ‘Federal law enforce5 ment officer’ have the meanings prescribed in section 115

6 of this title.’’.

7 (b) Section 115(a)(2) of title 18, United States Code,

8 is amended by inserting ‘‘, or threatens to assault, kidnap,

9 or murder, any person who formerly served as a person

10 designated in paragraph (1), or’’ after ‘‘Assaults, kidnaps,

11 or murders, or attempts to kidnap or murder’’.

12 TITLE III—CRIMINAL PENALTIES

13 SEC. 301. MANDATORY PENALTY FOR TRANSFERRING A

14 FIREARM KNOWING THAT IT WILL BE USED

15 TO COMMIT A CRIME OF VIOLENCE.

16 Section 924(h) of title 18, United States Code, is

17 amended by—

18 (1) inserting ‘‘or having reasonable cause to be19 lieve’’ after ‘‘knowing’’, and

20 (2) striking ‘‘not more than’’ and inserting ‘‘not

21 less than’’.
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1 SEC. 302. MANDATORY PENALTY FOR TRANSFERRING AN

2 EXPLOSIVE MATERIAL KNOWING THAT IT

3 WILL BE USED TO COMMIT A CRIME OF VIO4 LENCE.

5 Section 844 of title 18, United States Code, is

6 amended by adding at the end, the following:

7 ‘‘(n) Whoever knowingly transfers an explosive mate8 rial, knowing or having reasonable cause to believe that

9 such explosive material will be used to commit a crime

10 of violence (as defined in section 924(c)(3) of this title)

11 or drug trafficking crime (as defined in section 924(c)(2)

12 of this title) shall be imprisoned for not less than 10 years,

13 fined in accordance with this title, or both.’’.

14 SEC. 303. INCREASED PERIOD OF LIMITATIONS FOR NA15 TIONAL FIREARMS ACT.

16 Section 6531 of the Internal Revenue Code of 1986

17 (26 U.S.C. 6531) is amended by amending the matter pre18 ceding paragraph (1) to read as follows: ‘‘No person shall

19 be prosecuted, tried, or punished for any of the various

20 offenses arising under the internal revenue laws unless the

21 indictment is found or the information instituted within

22 3 years next after the commission of the offense, except

23 that the period of limitation shall be 5 years for offenses

24 described in section 58612 (relating to firearms and other

25 devices) and shall be 6 years—’’.
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1 TITLE IV—FUNDING

2 SEC. 401. CIVIL MONETARY PENALTY SURCHARGE AND

3 TELECOMMUNICATIONS CARRIER COMPLI4 ANCE PAYMENTS.

5 Public Law 103–414, October 25, 1994, 108 Stat.

6 4279, is amended by inserting at its conclusion a new title

7 IV, as follows:

8 ‘‘TITLE IV—CIVIL MONETARY PENALTY

9 SURCHARGE AND TELECOMMUNI10 CATIONS CARRIER COMPLIANCE PAY11 MENTS

12 ‘‘SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.

13 ‘‘(a) IMPOSITION.—Notwithstanding any other provi14 sion of law, and subject to section 402(c) of this title, a

15 surcharge of 40 percent of the principal amount of a civil

16 monetary penalty shall be added to each civil monetary

17 penalty at the time it is assessed by the United States

18 or an agency thereof.

19 ‘‘(b) APPLICATION OF PAYMENTS.—Payments relat20 ing to a civil monetary penalty shall be applied in the fol21 lowing order: (1) to costs; (2) to principal; (3) to sur22 charges required by subsection (a) of this section; and (4)

23 to interest.

24 ‘‘(c) EFFECTIVE DATES.—(1) A surcharge under

25 subsection (a) of this section shall be added to all civil
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1 monetary penalties assessed on or after October 1, 1995,

2 or the date of enactment of this title, whichever is later.

3 ‘‘(2) The authority to add a surcharge under this sec4 tion shall terminate on October 1, 1998.

5 ‘‘(d) LIMITATION.—The provisions of this section

6 shall not apply to any civil monetary penalty assessed

7 under title 26, United States Code.

8 ‘‘SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNI9 CATIONS CARRIER COMPLIANCE FUND.

10 ‘‘(a) ESTABLISHMENT OF FUND.—There is hereby

11 established in the United States Treasury a fund to be

12 known as the Department of Justice Telecommunications

13 Carrier Compliance Fund (hereinafter referred to as ‘the

14 Fund’), which shall be available to the Attorney General

15 to the extent and in the amounts authorized by subsection

16 (c) of this section to make payments to telecommuni17 cations carriers, as authorized by section 109 of the Com18 munications Assistance for Law Enforcement Act.

19 ‘‘(b) OFFSETTING COLLECTIONS.—Notwithstanding

20 section 3302 of title 31, United States Code, the Attorney

21 General may credit surcharges added pursuant to section

22 401 of this title to the Fund as offsetting collections.

23 ‘‘(c) REQUIREMENTS FOR APPROPRIATIONS OFF24 SET.—(1) Surcharges added pursuant to section 401 of
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1 this title are authorized only to the extent and in the

2 amounts provided for in advance in appropriations acts.

3 ‘‘(2)(A) Collections credited to the Fund are author4 ized to be appropriated in such amounts as may be nec5 essary, but not to exceed $100,000,000 in fiscal year

6 1996, $305,000,000 in fiscal year 1997, and $80,000,000

7 in fiscal year 1998.

8 ‘‘(B) Amounts described in subparagraph (A) of this

9 paragraph are authorized to be appropriated without fiscal

10 year limitation.

11 ‘‘(d) TERMINATION.—(1) The Attorney General may

12 terminate the Fund at such time as the Attorney General

13 determines that the Fund is no longer necessary.

14 ‘‘(2) Any balance in the Fund at the time of its termi15 nation shall be deposited in the general fund of the Treas16 ury.

17 ‘‘(3) A decision of the Attorney General to terminate

18 the Fund shall not be subject to judicial review.

19 ‘‘SEC. 403. DEFINITIONS.

20 ‘‘For purposes of this title, the terms ‘agency’ and

21 ‘civil monetary penalty’ have the meanings given to them

22 by section 3 of the Federal Civil Penalties Inflation Ad23 justment Act of 1990, Public Law 101–410, Oct. 5, 1990,

24 104 Stat. 890 (28 U.S.C. 2461 note).’’.

Æ
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