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 con-
cerned
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 ‘‘Antiterrorism Amend-
ments Act of 1995’’.
SEC. 2. TABLE OF CONTENTS.
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 facili-
ties, 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 in-
volving 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.
TITLE I—SUBSTANTIVE INVESTIGATIVE
ENHANCEMENTS
SEC. 101. PEN REGISTERS AND TRAP AND TRACE DEVICES
IN FOREIGN COUNTERINTELLIGENCE AND
COUNTERTERRORISM INVESTIGATIONS.
(a) Chapter 206, title 18, United States Code, is
amended—
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(1) by redesignating section 3127 as section
3128; and
(2) by adding the following new section 3127:
§ 3127. Pen register or a trap and trace device in
foreign counterintelligence and counter-
terrorism investigations
‘‘(a) Notwithstanding any other law, the provisions
of this chapter shall be applicable to foreign counterintel-
ligence and international terrorism investigations con-
ducted 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.’’.
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title, a consumer reporting agency shall furnish identifying
information respecting a consumer, limited to name, ad-
dress, former addresses, places of employment, or former
places of employment, to the Federal Bureau of Investiga-
tion when presented with written request, signed by Direc-
tor or the Director’s authorized designee, which certifies
compliance with this subsection. The Director or the Di-
rector’s authorized designee may make such a certification
only if the Director or the Director’s authorized designee
has determined in writing that—
‘‘(1) such information is necessary for the con-
duct of an authorized foreign counterintelligence in-
vestigation; and
‘‘(2) there is information giving reason to be-
lieve that the consumer has been, or is about to be,
in contact with a foreign power or an agent of a for-
eign power (as defined in section 101 of the Foreign
Intelligence Surveillance Act (50 U.S.C. 1801)).
‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER
REPORTS.—Notwithstanding section 604 or any other
provision of this title, if requested in writing by the Direc-
tor of the Federal Bureau of Investigation, or authorized
designee of the Director, a court may issue an order ex
parte directing a consumer reporting agency to furnish a
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consumer report to the Federal Bureau of Investigation,
upon a showing in camera that—
‘‘(1) the consumer report is necessary for the
conduct of an authorized foreign counterintelligence
investigation; and
‘‘(2) there are specific and articulable facts giv-
ing reason to believe that the consumer whose
consumer report is sought—
‘‘(A) is an agent of a foreign power; and
‘‘(B) is engaging or has engaged in inter-
national terrorism (as that term is defined in
18 U.S.C. 2331) or clandestine intelligence ac-
tivities that involve a violation of criminal stat-
utes of the United States.
The terms of an order issued under this subsection shall
not disclose that the order is issued for purposes of a for-
eign counterintelligence investigation.
‘‘(d) CONFIDENTIALITY.—No consumer reporting
agency or officer, employee, or agent of a consumer report-
ing agency shall disclose to any person, other than those
officers, employees, or agents of a consumer reporting
agency necessary to fulfill the requirement to disclosure
information to the Federal Bureau of Investigation under
this section, that the Federal Bureau of Investigation has
sought or obtained the identify of financial institutions or
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a consumer report respecting any consumer under sub-
section (a), (b), or (c) and no consumer reporting agency
or officer, employee, or agent of a consumer reporting
agency shall include in any consumer report any informa-
tion that would indicate that the Federal Bureau of Inves-
tigation has sought or obtained such information or a
consumer report.
‘‘(e) PAYMENT OF FEES.—The Federal Bureau of
Investigation shall, subject to the availability of appropria-
tions, pay to a consumer reporting agency assembling or
providing reports or information in accordance with proce-
dures established under this section, a fee for reimburse-
ment for such costs as are reasonably necessary and which
have been directly incurred in searching, reproducing or
transporting books, papers, records, or other data required
or requested to be produced under this section.
‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu-
reau of Investigation may not disseminate information ob-
tained pursuant to this section outside of the Federal Bu-
reau of Investigation, except as may be necessary for the
approval or conduct of a foreign counterintelligence inves-
tigation, or, where the information concerns a person sub-
ject to the Uniform Code of Military Justice to appro-
priate investigative authorities within the military depart-
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ment concerned as may be necessary for the conduct of
a joint foreign counterintelligence investigation.
‘‘(g) RULES OF CONSTRUCTION.—Nothing in this
section shall be construed to prohibit information from
being furnished by the Federal Bureau of Investigation
pursuant to a subpoena or court order, or in connection
with a judicial or administrative proceeding to enforce the
provisions of this Act. Nothing in this section shall be con-
strued to authorize or permit the withholding of informa-
tion from the Congress.
‘‘(h) REPORTS
TO CONGRESS.—On a semiannual
basis, the Attorney General of the United States shall fully
inform the Permanent Select Committee on Intelligence
and the Committee on Banking and Financial Services of
the House of Representatives, and the Select Committee
on Intelligence and the Committee on Banking, Housing,
and Urban Affairs of the Senate concerning all requests
made pursuant to subsections (a), (b), and (c).
‘‘(i) DAMAGES.—Any agency or department of the
United States obtaining or disclosing any consumer re-
ports, records, or information contained therein in viola-
tion of this section is liable to the consumer to whom such
consumer reports, records, or information relate in an
amount equal to the sum of—
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‘‘(1) $100, without regard to the volume of
consumer reports, records, or information involved;
‘‘(2) any actual damages sustained by the
consumer as a result of the disclosure;
‘‘(3) if the violation is found to have been will-
ful or intentional, such punitive damages as a court
may allow; and
‘‘(4) in the case of any successful action to en-
force liability under this subsection, the costs of the
action, together with reasonable attorney fees, as de-
termined by the court.
‘‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a
court determines that any agency or department of the
United States has violated any provision of this section
and the court finds that the circumstances surrounding
the violation raise questions of whether or not an officer
or employee of the agency or department acted willfully
or intentionally with respect to the violation, the agency
or department shall promptly initiate a proceeding to de-
termine whether or not disciplinary action is warranted
against the officer or employee who was responsible for
the violation.
‘‘(k) GOOD FAITH EXCEPTION.—Notwithstanding
any other provision of this title, any consumer reporting
agency or agent or employee thereof making disclosure of
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consumer reports or identifying information pursuant to
this subsection in good-faith reliance upon a certification
of the Federal Bureau of Investigation pursuant to provi-
sions of this section shall not be liable to any person for
such disclosure under this title, the constitution of any
State, or any law or regulation of any State or any politi-
cal subdivision of any State.
‘‘(l) LIMITATION
OF REMEDIES.—Notwithstanding
any other provision of this title, the remedies and sanc-
tions set forth in this section shall be the only judicial
remedies and sanctions for violation of this section.
‘‘(m) INJUNCTIVE RELIEF.—In addition to any other
remedy contained in this section, injunctive relief shall be
available to require compliance with the procedures of this
section. In the event of any successful action under this
subsection, costs together with reasonable attorney fees,
as determined by the court, may be recovered.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of the Fair Credit Reporting Act (15
U.S.C. 1681a et seq.) is amended by adding after the item
relating to section 623 the following:
‘‘624. Disclosures to FBI for foreign counterintelligence purposes.’’.