[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1635 Introduced in House (IH)]







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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antiterrorism Amendments 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.
            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.
            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--
            (1) by redesignating section 3127 as section 3128; and
            (2) by adding the following new section 3127:
Sec. 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 counterintelligence and international 
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 Government and 
        the fact that the investigation is being conducted by the 
        Federal Bureau of Investigation; and
            ``(2) a certification by the applicant that the information 
        likely to be obtained is relevant to an ongoing foreign 
        counterintelligence or international terrorism 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 Investigation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 206 is amended--
            (1) to renumber section 3128 as redesignated; 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. 102. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FBI FOR 
              FOREIGN COUNTERINTELLIGENCE PURPOSES.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.) is amended by adding after section 623 the following new section:
``Sec. 624. Disclosures to FBI for foreign counterintelligence purposes
    ``(a) Identity of Financial Institutions.--Notwithstanding section 
604 or any other provision of this title, a consumer reporting agency 
shall furnish to the Federal Bureau of Investigation the names and 
addresses of all financial institutions (as that term is defined in 
section 1101 of the Right to Financial Privacy Act of 1978) at which 
the consumer maintains or has maintained an account, to the extent that 
information is in the files of the agency, when presented with a 
written request for that information, signed by the Director of the 
Federal Bureau of Investigation, or the Director's designee (who shall 
be an individual with the rank and title of Deputy Assistant Director 
or above), which certifies compliance with this section. The Director 
or the Director's designee may make such a certification only if the 
Director or the Director's designee has determined in writing that--
            ``(1) such information is necessary for the conduct of an 
        authorized foreign counterintelligence investigation; and
            ``(2) there are specific and articulable facts giving 
        reason to believe that the consumer--
                    ``(A) is a foreign power (as defined in section 101 
                of the Foreign Intelligence Surveillance Act (50 U.S.C. 
                1801) or a person who is not a United States person (as 
                defined in such section 101) and is an official of a 
                foreign power; or
                    ``(B) is an agent of a foreign power and is 
                engaging or has engaged in international terrorism (as 
                that term is defined by 18 U.S.C. 2331) or clandestine 
                intelligence activities that involve a violation of 
                criminal statutes of the United States.
    ``(b) Identifying Information.--Notwithstanding the provisions of 
section 604 or any other provision of this title, a consumer reporting 
agency shall furnish identifying information respecting a consumer, 
limited to name, address, former addresses, places of employment, or 
former places of employment, to the Federal Bureau of Investigation 
when presented with written request, signed by Director or the 
Director's authorized designee, which certifies compliance with this 
subsection. The Director or the Director'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 conduct of an 
        authorized foreign counterintelligence investigation; and
            ``(2) there is information giving reason to believe that 
        the consumer has been, or is about to be, in contact with 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)).
    ``(c) Court Order for Disclosure of Consumer Reports.--
Notwithstanding section 604 or any other provision of this title, if 
requested in writing by the Director 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 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 giving 
        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 international 
                terrorism (as that term is defined in 18 U.S.C. 2331) 
                or clandestine intelligence activities that involve a 
                violation of criminal statutes 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 foreign counterintelligence 
investigation.
    ``(d) Confidentiality.--No consumer reporting agency or officer, 
employee, or agent of a consumer reporting 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 a consumer report respecting any 
consumer under subsection (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 information that would 
indicate that the Federal Bureau of Investigation 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 appropriations, pay to a consumer 
reporting agency assembling or providing reports or information in 
accordance with procedures established under this section, a fee for 
reimbursement 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 Bureau of Investigation 
may not disseminate information obtained pursuant to this section 
outside of the Federal Bureau of Investigation, except as may be 
necessary for the approval or conduct of a foreign counterintelligence 
investigation, or, where the information concerns a person subject to 
the Uniform Code of Military Justice to appropriate investigative 
authorities within the military department 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 construed to 
authorize or permit the withholding of information 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 reports, records, or information 
contained therein in violation 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--
            ``(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 willful or 
        intentional, such punitive damages as a court may allow; and
            ``(4) in the case of any successful action to enforce 
        liability under this subsection, the costs of the action, 
        together with reasonable attorney fees, as determined 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 determine 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 consumer reports or identifying information 
pursuant to this subsection in good-faith reliance upon a certification 
of the Federal Bureau of Investigation pursuant to provisions 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 political subdivision of any State.
    ``(l) Limitation of Remedies.--Notwithstanding any other provision 
of this title, the remedies and sanctions 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.''.
SEC. 103. STUDY AND REQUIREMENTS FOR TAGGING OF EXPLOSIVE MATERIALS, 
              AND STUDY AND RECOMMENDATIONS FOR RENDERING EXPLOSIVE 
              COMPONENTS INERT AND IMPOSING CONTROLS OR PRECURSORS OF 
              EXPLOSIVES.

    (a) The Secretary of the Treasury shall conduct a study and make 
recommendations concerning--
            (1) the tagging of explosive materials for purposes of 
        detection and identification;
            (2) whether common chemicals used to manufacture explosive 
        materials can be rendered insert and whether it is feasible to 
        require it; and
            (3) whether controls can be imposed on certain precursor 
        chemicals used to manufacture explosive materials and whether 
        it is feasible to require it.
In conducting the study, the Secretary shall consult with other 
Federal, State and local officials with expertise in this area and such 
other individuals as shall be deemed necessary. Such study shall be 
complete within 12 months after the enactment of this Act and shall be 
submitted to the Congress and made available to the public. Such study 
may include, if appropriate, recommendations for legislation.
    (b) There are authorized to be appropriated for the study and 
recommendations contained in paragraph (a) such sums as may be 
necessary.
    (c) Section 842, of title 18, United States Code, is amended by 
inserting after subsection (k), a new subsection (l) which reads as 
follows:
    ``(l) It shall be unlawful for any person to manufacture, import, 
ship, transport, receive, possess, transfer, or distribute any 
explosive material that does not contain a tracer element as prescribed 
by the Secretary pursuant to regulation, knowing or having reasonable 
cause to believe that the explosive material does not contain the 
required tracer element.''.
    (d) Section 844, of title 18, United States Code, is amended by 
inserting after ``(a) through (i)'' the phrase ``and (l)''.
    (e) Section 846, of title 18, United States Code, is amended by 
designating the present section as ``(a),'' and by adding a new 
subsection (b) reading as follows:
    ``(b) To facilitate the enforcement of this chapter, the Secretary 
may provide by regulation for the addition of tracer elements to 
explosive materials manufactured in or imported into the United States. 
Tracer elements to be added to explosive materials under provisions of 
this subsection shall be of such character and in such quantity as the 
Secretary may authorize or require, and such as will not substantially 
impair the quality of the explosive materials for their intended lawful 
use, be unreasonably unsafe, or have a substantially adverse effect on 
the environment.''.
    (f) The penalties provided for herein, shall not take effect until 
the later of one year from the date of enactment of this Act or 90 days 
from the date of promulgation of the regulations provided for herein.

SEC. 104. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION 
              FACILITIES, PHYSICAL STORAGE FACILITIES AND VEHICLE 
              RENTAL FACILITIES IN FOREIGN COUNTERINTELLIGENCE AND 
              COUNTERTERRORISM CASES.

    Title 18, United States Code, is amended by inserting after chapter 
121 the following new chapter:

                ``CHAPTER 122--ACCESS TO CERTAIN RECORDS

``Sec. 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 facility, 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 accommodation 
facility, physical storage facility or vehicle rental facility that 
such records are sought for foreign counterintelligence 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 facility, 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 Investigation under 
this section, that the Federal Bureau of Investigation has sought or 
obtained the records requested.
    ``(c) As used in this chapter--
            ``(1) the term `common carrier' means a locomotive, 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. 105. LIMITATION OF STATUTORY EXCLUSIONARY RULE.

    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 derived therefrom, unless the violation of this chapter 
involved bad faith by law enforcement.''.

SEC. 106. AUTHORITY FOR WIRETAPS IN ANY TERRORISM-RELATED OR EXPLOSIVES 
              FELONY.

    (a) Section 2516(1) of title 18, United States Code, is amended--
            (1) by inserting after the words ``section 224 (bribery in 
        sporting contests)'', the words ``section 842 (relating to 
        explosives violations)''.
            (2) by striking ``and '' at the end of paragraph (n);
            (3) by striking the period at the end of paragraph (o) and 
        inserting ``; and''; and
            (4) by adding a new paragraph (p) as follows:
            ``(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 terrorism 
        (as those terms are defined in 18 U.S.C. 2331).''
    (b) Section 2510(12) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by inserting ``or'' at the end of subparagraph (C); and
            (3) by adding a new subparagraph (D), as follows:
                    ``(D) information stored in a communications system 
                used for the electronic storage and transfer of 
                funds;''
    (c) Section 2510(16) of title 18, United States Code, is amended--
            (1) by inserting ``or'' at the end of subparagraph (D);
            (2) by striking ``or'' at the end of subparagraph (E); and
            (3) by striking subparagraph (F).

SEC. 107. TEMPORARY EMERGENCY WIRETAP AUTHORITY INVOLVING TERRORISTIC 
              CRIMES.

    (a) Section 2518(7)(a)(111) of title 18, United States Code, is 
amended by inserting ``or domestic terrorism or international terrorism 
(as those terms are defined in section 2331 of this title)'' after 
``organized crime''.
    (b) Section 2331 of title 18, United States Code, is amended by 
inserting 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 civilian population or to influence the policy of a 
        government by intimidation or coercion; or to affect the 
        conduct of a government by assassination or kidnapping.''

SEC. 108. EXPANDED AUTHORITY FOR ROVING WIRETAPS.

    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 facilities from which or 
the place where the communication is to be intercepted do not apply if 
in the case of an application with respect to the interception of wire, 
oral or electronic communications--
            ``(a) the application is by a federal investigative or law 
        enforcement officer, and is approved by the Attorney General, 
        the Deputy Attorney General, the Associate Attorney General, or 
        an Assistant Attorney General (or an official acting in any 
        such capacity);
            ``(b) the application contains a full and complete 
        statement as to why such specification is not practical and 
        identifies the person committing the offense and whose 
        communications are to be intercepted; and
            ``(c) the judge finds that such specification is not 
        practical.''.

SEC. 109. ENHANCED ACCESS TO TELEPHONE BILLING RECORDS.

    (a) Section 2709(b) of title 18, United States Code, is amended--
            (1) in paragraph (1)(A), by inserting ``local and long 
        distance'' before ``toll billing records''; and
            (2) by adding at the end a new paragraph (3), as follows:
            ``(3) request the name, address, length of service, and 
        local and long distance toll billing records of a person or 
        entity if the Director (or designee in a position not lower 
        than Deputy Assistant Director) certifies in writing to the 
        wire or electronic communication service provider to which the 
        request is made that the information sought is relevant to an 
        authorized domestic terrorism (as that term is defined in 
        section 2331(5) of this title) investigation.''.
    (b) Section 2703(c)(1)(C) of title 18, United States Code, is 
amended by inserting ``local and long distance'' before ``telephone 
toll billing records''.

SEC. 110. REQUIREMENT TO PRESERVE EVIDENCE.

    Section 2703 of title 18, United States Code, is amended by adding 
a new subsection (f), as follows:
    ``(f) Requirement To Preserve Evidence.--A provider of wire or 
electronic communication services or a remote computing service, upon 
the request of a governmental entity, shall take all necessary steps to 
preserve records and other evidence in its possession pending the 
issuance of a court order or other process. Such records shall be 
retained for a period of 90 days, which period shall be extended for an 
additional 90-day period upon a renewed request by the governmental 
entity.''.

SEC. 111. PERMISSION TO REQUEST MILITARY ASSISTANCE WITH RESPECT TO 
              OFFENSES INVOLVING CHEMICAL AND BIOLOGICAL WEAPONS.

    (a) Section 175 of title 18, United States Code, is amended by 
adding a new subsection (c), as follows:
    ``(c)(1) Military Assistance.--Notwithstanding any other provision 
of law, the Attorney General may request that the Secretary of Defense 
provide technical assistance in support of Department of Justice 
activities relating to the enforcement of this section in situations 
involving biological weapon emergencies. Department of Defense 
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 involving biological 
        weapons of mass destruction exists; and
            ``(B) the Secretary of Defense determines that the 
        provision of such assistance will not adversely affect 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 seriously 
                impaired if the assistance were not provided;
                    ``(ii) military technical assistance and expertise 
                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 section, `technical assistance' means the 
provision of equipment and technical expertise to law enforcement 
officials in the investigation of violations of this section, such as 
technical assistance in conducting 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 
individuals in possession of contraband under this section. It does not 
include authority to apprehend or arrest.
    ``(4) The Secretary of Defense may require reimbursement 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) Chapter 113B of title 18, United States Code, is amended by 
adding after section 2332a the following new section:
``Sec. 2332b. Use of chemical weapons
    ``(a) Offense.--A person who without lawful authority 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 precursors.
    ``(c)(1) Military Assistance.--Notwithstanding any other provision 
of law, the Attorney General may request that the Secretary of Defense 
provide technical assistance in support of Department of Justice 
activities relating to the enforcement of this section in situations 
involving chemical weapon emergencies. Department of Defense 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 involving chemical 
        weapons of mass destruction exists; and
            ``(B) The Secretary of Defense determines that the 
        provision of such assistance will not adversely affect 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 seriously 
                impaired if the assistance were not provided;
                    ``(ii) military technical assistance and expertise 
                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 violations of this section, such as 
technical assistance in conducting 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 
individuals in possession of contraband under this section. It does not 
include authority to apprehend or arrest.
    ``(4) The Secretary of Defense may require reimbursement 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 chapter analysis for chapter 113B of 
title 18, United States Code, is amended by adding after the item 
relating to section 2332a the following:

''Sec. 2332b. Use of chemical weapons''.
    (d) Section 2332a of title 18, United States Code, is amended by 
inserting between the words ``A person who'' and ``uses, or attempts'', 
the words ``without lawful authority'', at the beginning of subsection 
(a).

SEC. 112. GENERAL REWARD AUTHORITY OF THE ATTORNEY GENERAL.

    Chapter 203 of title 18, United States Code, is hereby amended by 
adding after section 3059A the following section:
``Sec. 3059B. General reward authority
    ``(a) Notwithstanding any other provision of law, the Attorney 
General may pay rewards and receive from any department or agency, 
funds for the payment of rewards under this section, to any individual 
who assists the Department of Justice in performing its functions.
    ``(b) If the reward exceeds $100,000, the Attorney General, within 
thirty (30) days of having authorized the payment of such a reward, 
shall give notice to the respective Chairmen of the Committees on 
Appropriations and the Committees on the Judiciary of the Senate and 
the House of Representatives.
    ``(c) A determination made by the Attorney General as to whether to 
authorize an award under this section and as to the amount of any 
reward authorized shall be final and conclusive, and no court shall 
have power or jurisdiction to review it.''.

             TITLE II--SUBSTANTIVE PROSECUTIVE ENHANCEMENT

SEC. 201. POSSESSION OF STOLEN EXPLOSIVES.

    Section 842(h) of title 18, United States Code, is amended to read 
as follows:
    ``(h) It shall be unlawful for any person to receive, possess, 
transport, ship, conceal, store, barter, sell, dispose of, or pledge or 
accept as security for a loan, any stolen explosive materials which are 
moving as, which are part of, which constitute, or which have been 
shipped or transported in, interstate or foreign commerce, either 
before or after such materials were stolen, knowing or having 
reasonable cause to believe that the explosive materials were 
stolen.''.

SEC. 202. PROTECTION OF FEDERAL EMPLOYEES ON ACCOUNT OF THE PERFORMANCE 
              OF THEIR OFFICIAL DUTIES.

    (a) Section 1114 of title 18, United States Code, is amended to 
read as follows:
``Sec. 1114. Protection of officers and employees of the United States
    ``(a) Whoever kills or attempts to kill any United States official, 
United States judge, Federal law enforcement officer, or member of the 
uniformed services, or any other officer or employee of the United 
States or any agency of the executive, legislative, or judicial branch 
thereof, while such officer or employee is engaged in or on account of 
the performance of official duties or any person assisting such an 
official, judge, officer, or employee in, or on account of the person's 
assistance in, the performance of such duties shall be punished, in the 
case of murder, as provided under section 1111, or in the case of 
manslaughter, as provided under section 1112, except that any such 
person who is found guilty of attempted murder shall be imprisoned for 
not more than twenty years.
    ``(b) As used in this section, the terms `United States Official; 
`United States judge', and `Federal law enforcement officer' have the 
meanings prescribed in section 115 of this title.''.
    (b) Section 115(a)(2) of title 18, United States Code, is amended 
by inserting ``, or threatens to assault, kidnap, or murder, any person 
who formerly served as a person designated in paragraph (1), or'' after 
``Assaults, kidnaps, or murders, or attempts to kidnap or murder''.
                     TITLE III--CRIMINAL PENALTIES

SEC. 301. MANDATORY PENALTY FOR TRANSFERRING A FIREARM KNOWING THAT IT 
              WILL BE USED TO COMMIT A CRIME OF VIOLENCE.

    Section 924(h) of title 18, United States Code, is amended by--
            (1) inserting ``or having reasonable cause to believe'' 
        after ``knowing'', and
            (2) striking ``not more than'' and inserting ``not less 
        than''.

SEC. 302. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL 
              KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF 
              VIOLENCE.

    Section 844 of title 18, United States Code, is amended by adding 
at the end, the following:
    ``(n) Whoever knowingly transfers an explosive material, knowing or 
having reasonable cause to believe that such explosive material will be 
used to commit a crime of violence (as defined in section 924(c)(3) of 
this title) or drug trafficking crime (as defined in section 924(c)(2) 
of this title) shall be imprisoned for not less than 10 years, fined in 
accordance with this title, or both.''.

SEC. 303. INCREASED PERIOD OF LIMITATIONS FOR NATIONAL FIREARMS ACT.

    Section 6531 of the Internal Revenue Code of 1986 (26 U.S.C. 6531) 
is amended by amending the matter preceding paragraph (1) to read as 
follows: ``No person shall be prosecuted, tried, or punished for any of 
the various offenses arising under the internal revenue laws unless the 
indictment is found or the information instituted within 3 years next 
after the commission of the offense, except that the period of 
limitation shall be 5 years for offenses described in section 58612 
(relating to firearms and other devices) and shall be 6 years--''.

                           TITLE IV--FUNDING

SEC. 401. CIVIL MONETARY PENALTY SURCHARGE AND TELECOMMUNICATIONS 
              CARRIER COMPLIANCE PAYMENTS.

    Public Law 103-414, October 25, 1994, 108 Stat. 4279, is amended by 
inserting at its conclusion a new title IV, as follows:

  ``TITLE IV--CIVIL MONETARY PENALTY SURCHARGE AND TELECOMMUNICATIONS 
                      CARRIER COMPLIANCE PAYMENTS

``SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.

    ``(a) Imposition.--Notwithstanding any other provision of law, and 
subject to section 402(c) of this title, a surcharge of 40 percent of 
the principal amount of a civil monetary penalty shall be added to each 
civil monetary penalty at the time it is assessed by the United States 
or an agency thereof.
    ``(b) Application of Payments.--Payments relating to a civil 
monetary penalty shall be applied in the following order: (1) to costs; 
(2) to principal; (3) to surcharges required by subsection (a) of this 
section; and (4) to interest.
    ``(c) Effective Dates.--(1) A surcharge under subsection (a) of 
this section shall be added to all civil monetary penalties assessed on 
or after October 1, 1995, or the date of enactment of this title, 
whichever is later.
    ``(2) The authority to add a surcharge under this section shall 
terminate on October 1, 1998.
    ``(d) Limitation.--The provisions of this section shall not apply 
to any civil monetary penalty assessed under title 26, United States 
Code.

``SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER COMPLIANCE 
              FUND.

    ``(a) Establishment of Fund.--There is hereby established in the 
United States Treasury a fund to be known as the Department of Justice 
Telecommunications Carrier Compliance Fund (hereinafter referred to as 
`the Fund'), which shall be available to the Attorney General to the 
extent and in the amounts authorized by subsection (c) of this section 
to make payments to telecommunications carriers, as authorized by 
section 109 of the Communications Assistance for Law Enforcement Act.
    ``(b) Offsetting Collections.--Notwithstanding section 3302 of 
title 31, United States Code, the Attorney General may credit 
surcharges added pursuant to section 401 of this title to the Fund as 
offsetting collections.
    ``(c) Requirements for Appropriations Offset.--(1) Surcharges added 
pursuant to section 401 of this title are authorized only to the extent 
and in the amounts provided for in advance in appropriations acts.
    ``(2)(A) Collections credited to the Fund are authorized to be 
appropriated in such amounts as may be necessary, but not to exceed 
$100,000,000 in fiscal year 1996, $305,000,000 in fiscal year 1997, and 
$80,000,000 in fiscal year 1998.
    ``(B) Amounts described in subparagraph (A) of this paragraph are 
authorized to be appropriated without fiscal year limitation.
    ``(d) Termination.--(1) The Attorney General may terminate the Fund 
at such time as the Attorney General determines that the Fund is no 
longer necessary.
    ``(2) Any balance in the Fund at the time of its termination shall 
be deposited in the general fund of the Treasury.
    ``(3) A decision of the Attorney General to terminate the Fund 
shall not be subject to judicial review.

``SEC. 403. DEFINITIONS.

    ``For purposes of this title, the terms `agency' and `civil 
monetary penalty' have the meanings given to them by section 3 of the 
Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 
101-410, Oct. 5, 1990, 104 Stat. 890 (28 U.S.C. 2461 note).''.
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