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.
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 Antiterrorism
Tools for Law Enforcement Act of 1996’’.
SEC. 2. PEN REGISTERS AND TRAP AND TRACE DEVICES IN
FOREIGN 
COUNTERINTELLIGENCE 
AND
COUNTERTERRORISM INVESTIGATIONS.
(a) IN GENERAL.—Chapter 206, title 18, United
States Code, is amended—
(1) by redesignating section 3127 as section
3128; and
(2) by inserting after section 3126 the follow-
ing:
‘‘§ 3127. Pen register or a trap and trace device in
foreign counterintelligence and counter-
terrorism investigations
‘‘(a) Notwithstanding any other law, this chapter
shall be applicable to foreign counterintelligence and inter-
national terrorism investigations conducted by the Federal
Bureau of Investigation.
‘‘(b) An application under this section for an order
or an extension of an order under section 3123 of this
title shall include—
‘‘(1) the identity of the attorney for the Govern-
ment and the fact that the investigation is being
conducted by the Federal Bureau of Investigation;
and
‘‘(2) a certification by the applicant that the in-
formation likely to be obtained is relevant to an on-
going foreign counterintelligence or international ter-
rorism investigation being conducted by the Federal
Bureau of Investigation.
‘‘(c) All applications and orders under this section
shall be maintained by the Federal Bureau of Investiga-
tion.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 206 is amended—
(1) in the item relating to section 3127 by
striking ‘‘3127’’ and inserting ‘‘3128’’; and
(2) by adding after the item relating to section
3126 the following:
‘‘3127. Pen register or a trap and trace device in foreign counterintelligence and
counterterrorism investigations.’’.
SEC. 3. ACCESS TO RECORDS OF COMMON CARRIERS, PUB-
LIC ACCOMMODATION FACILITIES, PHYSICAL
STORAGE FACILITIES AND VEHICLE RENTAL
FACILITIES 
IN 
FOREIGN 
COUNTERINTEL-
LIGENCE AND COUNTERTERRORISM CASES.
Title 18, United States Code, is amended by inserting
after chapter 121 the following:
‘‘CHAPTER 122—ACCESS TO CERTAIN RECORDS
‘‘§ 2720. Access to records of common carriers, public
accommodation 
facilities, 
physical
storage 
facilities 
and 
vehicle 
rental
facilities 
in 
counterintelligence 
and
counterterrorism cases
‘‘(a) Any common carrier, public accommodation fa-
cility, physical storage facility or vehicle rental facility
shall comply with a request for records in its possession
made pursuant to this section by the Federal Bureau of
Investigation when the Director or designee (whose rank
shall be no lower than Assistant Special Agent in Charge)
certifies in writing to the common carrier, public accom-
modation facility, physical storage facility or vehicle rental
facility that such records are sought for foreign counter-
intelligence purposes and that there are specific and
articulable facts giving reason to believe that the person
to whom the records sought pertain, is a foreign power
or an agent of a foreign power as defined in section 101
of the Foreign Intelligence Surveillance Act (50 U.S.C.
1801).
‘‘(b) No common carrier, public accommodation facil-
ity, physical storage facility or vehicle rental facility or any
officer, employee or agent of such common carrier, public
accommodation facility, physical storage facility or vehicle
rental facility shall disclose to any person, other than
those officers, agents or employees of the common carrier,
public accommodation facility, physical storage facility or
vehicle rental facility necessary to fulfill the requirement
to disclose the information to the Federal Bureau of Inves-
tigation under this section, that the Federal Bureau of
Investigation has sought or obtained the records re-
quested.
‘‘(c) As used in this chapter—
‘‘(1) the term ‘common carrier’ means a loco-
motive, a rail carrier, a bus carrying passengers, a
water common carrier, an air common carrier, or a
private commercial interstate carrier for the delivery
of packages and other objects;
‘‘(2) the term ‘public accommodation facility’
means any inn, hotel, motel or other establishment
which provides lodging to transient guests;
‘‘(3) the term ‘physical storage facility’ means
any business or entity which provides space for the
storage of goods or materials, or services related to
the storage of goods or materials to the public or
any segment thereof; and
‘‘(4) the term ‘vehicle rental facility’ means any
person or entity which provides vehicles for rent,
lease, loan or other similar use, to the public or any
segment thereof.’’.
SEC. 4. INTEGRITY OF WIRE INTERCEPTION PROCESS.
Section 2515 of title 18, United States Code, is
amended by adding at the end the following: ‘‘This section
shall not apply to the disclosure by the United States in
a criminal trial or hearing or before a grand jury of the
contents of a wire or oral communication, or evidence de-
rived therefrom, unless the violation of this chapter was
with respect to an interception under section 2518(7) or
involved bad faith by law enforcement.’’.
SEC. 5. AUTHORITY FOR WIRETAPS.
Section 2516(1) of title 18, United States Code, is
amended—
(1) by inserting ‘‘section 842 (relating to explo-
sives violations)’’ after ‘‘section 224 (bribery in
sporting contests)’’;
(2) by striking ‘‘and’’ at the end of paragraph
(n);
(3) by striking the period at the end of para-
graph (o) and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(p) any other felony under the laws of the
United States if the Attorney General, the Deputy
Attorney General, or the Assistant Attorney General
for the Criminal Division (or an official acting in
any such capacity) certifies to the court under seal
that there is reason to believe the felony involves or
may involve domestic terrorism or international ter-
rorism (as those terms are defined in 18 U.S.C.
2331).’’.
SEC. 6. TEMPORARY EMERGENCY WIRETAP AUTHORITY IN-
VOLVING TERRORISTIC CRIMES.
(a) 
EMERGENCY
AUTHORITY.—Section
2518(7)(a)(iii) of title 18, United States Code, is amended
by inserting ‘‘or domestic terrorism or international ter-
rorism (as those terms are defined in section 2331 of this
title)’’ after ‘‘organized crime’’.
(b) DEFINITION OF DOMESTIC TERRORISM.—Section
2331 of title 18, United States Code, is amended by in-
serting the following after paragraph (4):
‘‘(5) the term ‘domestic terrorism’ means any
activities that involve violent acts or acts dangerous
to human life that are a violation of the criminal
laws of the United States or of any State and which
appear to be intended to intimidate or coerce a civil-
ian population or to influence the policy of a govern-
ment by intimidation or coercion; or to affect the
conduct of a government by assassination or kidnap-
ping.’’
SEC. 7. EXPANDED AUTHORITY FOR MULTI-POINT WIRE-
TAPS.
Section 2518(11) of title 18, United States Code, is
amended to read as follows:
‘‘(11) The requirements of subsections (1)(b)(ii) and
(3)(d) of this section relating to the specification of facili-
ties from which or the place where the communication is
to be intercepted do not apply if in the case of an applica-
tion with respect to the interception of wire, oral or elec-
tronic communications—
‘‘(a) the application is by a Federal investiga-
tive or law enforcement officer, and is approved by
the Attorney General, the Deputy Attorney General,
the Associate Attorney General, or an Assistant At-
torney General (or an official acting in any such ca-
pacity);
‘‘(b) the application contains a full and com-
plete statement as to why such specification is not
practical and identifies the person committing the
offense and whose communications are to be inter-
cepted; and
‘‘(c) the judge finds that such specification is
not practical.’’.
SEC. 8. PERMISSION TO REQUEST MILITARY ASSISTANCE
AND NEW OFFENSE WITH RESPECT TO OF-
FENSES INVOLVING CHEMICAL AND BIOLOGI-
CAL WEAPONS.
(a) BIOLOGICAL WEAPONS.—Section 175 of title 18,
United States Code, is amended by adding at the end the
following:
‘‘(c)(1) MILITARY
ASSISTANCE.—Notwithstanding
any other provision of law, the Attorney General may re-
quest that the Secretary of Defense provide technical as-
sistance in support of Department of Justice activities re-
lating to the enforcement of this section in situations in-
volving biological weapon emergencies. Department of De-
fense resources, including civilian personnel and members
of the uniformed services, may be used to provide such
technical assistance if—
‘‘(A) the Secretary of Defense and the Attorney
General determine that an emergency situation in-
volving biological weapons of mass destruction ex-
ists; and
‘‘(B) the Secretary of Defense determines that
the provision of such assistance will not adversely af-
fect the military preparedness of the United States.
‘‘(2) As used in this subsection, ‘emergency situation’
means a circumstance—
‘‘(A) that poses a serious threat to the interests
of the United States; and
‘‘(B) in which—
‘‘(i) enforcement of the law would be seri-
ously impaired if the assistance were not pro-
vided;
‘‘(ii) military technical assistance and ex-
pertise is needed to counter the threat posed by
the biological agent involved; and
‘‘(iii) civilian law enforcement expertise is
not available to provide the required technical
assistance.
‘‘(3) As used in this subsection, ‘technical assistance’
means the provision of equipment and technical expertise
to law enforcement officials in the investigation of viola-
tions of this section, such as technical assistance in con-
ducting searches that seek evidence or instrumentalities
of violations of this section, technical assistance in taking
and collecting evidence related to violations of this section,
and technical assistance in disarming and disabling indi-
viduals in possession of contraband under this section. It
does not include authority to apprehend or arrest.
‘‘(4) The Secretary of Defense may require reim-
bursement as a condition of assistance under this section.
‘‘(5) The Attorney General may delegate the Attorney
General’s function under this subsection only to a Deputy,
Associate, or Assistant Attorney General.’’.
(b) USE OF CHEMICAL WEAPONS.—Title 18, United
States Code, is amended by inserting after section 2332d
the following:
‘‘§ 2332e. Use of chemical weapons
‘‘(a) OFFENSE.—A person who without lawful au-
thority uses, or attempts or conspires to use, a chemical
weapon—
‘‘(1) against a national of the United States
while such national is outside of the United States;
‘‘(2) against any person within the United
States; or
‘‘(3) against any property that is owned, leased
or used by the United States or by any department
or agency of the United States, whether the property
is within or outside of the United States,
shall be imprisoned for any term of years or for life, and
if death results, shall be punished by death or imprisoned
for any term of years or for life.
‘‘(b) DEFINITION.—For purposes of this section—
‘‘(1) the term ‘national of the United States’
has the meaning given in section 101(a)(22) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(22)); and
‘‘(2) the term ‘chemical weapon’ means any
weapon that is designed to cause death or serious
bodily injury through the release, dissemination, or
impact of toxic or poisonous chemicals or their pre-
cursors.
‘‘(c)(1) MILITARY
ASSISTANCE.—Notwithstanding
any other provision of law, the Attorney General may re-
quest that the Secretary of Defense provide technical as-
sistance in support of Department of Justice activities re-
lating to the enforcement of this section in situations in-
volving chemical weapon emergencies. Department of De-
fense resources, including civilian personnel and members
of the uniformed services, may be used to provide such
technical assistance if—
‘‘(A) the Secretary of Defense and the Attorney
General determine that an emergency situation in-
volving chemical weapons of mass destruction exists;
and
‘‘(B) the Secretary of Defense determines that
the provision of such assistance will not adversely af-
fect the military preparedness of the United States.
‘‘(2) As used in this section, ‘emergency situation’
means a circumstance—
‘‘(A) that poses a serious threat to the interests
of the United States; and
‘‘(B) in which—
‘‘(i) enforcement of the law would be seri-
ously impaired if the assistance were not pro-
vided;
‘‘(ii) military technical assistance and ex-
pertise is needed to counter the threat posed by
the chemical agent involved; and
‘‘(iii) civilian law enforcement expertise is
not available to provide the required technical
assistance.
‘‘(3) As used in this section, ‘technical assistance’
means the provision of equipment and technical expertise
to law enforcement officials in the investigation of viola-
tions of this section, such as technical assistance in con-
ducting searches that seek evidence or instrumentalities
of violations of this section, technical assistance in taking
and collecting evidence related to violations of this section,
and technical assistance in disarming and disabling indi-
viduals in possession of contraband under this section. It
does not include authority to apprehend or arrest.
‘‘(4) The Secretary of Defense may require reim-
bursement as a condition of assistance under this section.
‘‘(5) The Attorney General may delegate the Attorney
General’s function under this subsection only to a Deputy,
Associate, or Assistant Attorney General.’’.
(c) CLERICAL AMENDMENT.—The table of chapters
at the beginning of chapter 113B of title 18, United
States Code, is amended by adding after the item relating
to section 2332d the following:
‘‘§ 2332e. Use of chemical weapons.’’.
(d) CLARIFICATION
OF LAWFUL AUTHORITY DE-
FENSE.—Section 2332a(a) of title 18, United States
Code, is amended by striking ‘‘A person who’’ and insert-
ing ‘‘Whoever, without lawful authority,’’.
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