[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3409 Introduced in House (IH)]


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 Representatives 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 following:
``Sec. 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 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) 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, 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:

                ``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. 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 derived 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 explosives 
        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 paragraph (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 terrorism 
        (as those terms are defined in 18 U.S.C. 2331).''.

SEC. 6. TEMPORARY EMERGENCY WIRETAP AUTHORITY INVOLVING 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 terrorism (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 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. 7. EXPANDED AUTHORITY FOR MULTI-POINT 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. 8. PERMISSION TO REQUEST MILITARY ASSISTANCE AND NEW OFFENSE WITH 
              RESPECT TO OFFENSES INVOLVING CHEMICAL AND BIOLOGICAL 
              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 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 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 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 subsection, `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) Use of Chemical Weapons.--Title 18, United States Code, is 
amended by inserting after section 2332d the following:
``Sec. 2332e. 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 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:

``Sec. 2332e. Use of chemical weapons.''.
    (d) Clarification of Lawful Authority Defense.--Section 2332a(a) of 
title 18, United States Code, is amended by striking ``A person who'' 
and inserting ``Whoever, without lawful authority,''.
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