FILE h275.ih
HR 275 IH
105th CONGRESS
1st Session
To combat domestic terrorism.
IN THE HOUSE OF REPRESENTATIVES
January 7, 1997
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.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Effective Antiterrorism Tools for
Law Enforcement Act of 1997'.
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,'.
Bill Summary Page
Bill Summary & Status for the 105th Congress
---------------------------------------------------------------------------
PREVIOUS BILL | NEXT BILL
PREVIOUS BILL:ALL | NEXT BILL:ALL
NEW SEARCH | HOME | HELP
---------------------------------------------------------------------------
H.R.275
SPONSOR: Rep Schumer, (introduced 01/07/97)
---------------------------------------------------------------------------
TITLE(S):
* SHORT TITLE(S) AS INTRODUCED:
Effective Antiterrorism Tools for Law Enforcement Act of 1997
* OFFICIAL TITLE AS INTRODUCED:
A bill to combat domestic terrorism.
---------------------------------------------------------------------------
STATUS: Floor Actions
***NONE***
---------------------------------------------------------------------------
STATUS: Detailed Legislative History
House Action(s)
Jan 7, 97:
Referred to the House Committee on the Judiciary.
---------------------------------------------------------------------------
STATUS: Congressional Record Page References
***NONE***
---------------------------------------------------------------------------
COMMITTEE(S):
* COMMITTEE(S) OF REFERRAL:
House Judiciary
---------------------------------------------------------------------------
AMENDMENT(S):
***NONE***
---------------------------------------------------------------------------
SUBJECT(S):
---------------------------------------------------------------------------
COSPONSOR:
Rep Conyers - 01/07/97
---------------------------------------------------------------------------
DIGEST:
(AS INTRODUCED)
Effective Antiterrorism Tools for Law Enforcement Act of 1997 - Amends the
Federal criminal code to apply provisions regarding pen registers and trap
and trace devices to foreign counterintelligence and international
terrorism investigations conducted by the Federal Bureau of Investigation
(FBI).
Requires any common carrier, public accommodation facility, physical
storage facility, or vehicle rental facility to comply with a request for
records in its possession by the FBI under specified circumstances.
Provides that provisions prohibiting the use as evidence of intercepted
wire or oral communications in violation of the Federal criminal code 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 involved
an interception under provisions covering specified emergency situations or
bad faith by law enforcement.
Grants: (1) wiretap authority in cases of terrorism-related or explosives
felonies; and (2) temporary emergency wiretap authority involving terrorism
crimes.
Expands authority for multi-point wiretaps .
Authorizes the Attorney General to request, and the Secretary of Defense to
provide (if specified conditions are met), technical assistance in support
of Department of Justice activities in situations involving biological or
chemical weapon emergencies. Sets penalties for the use without lawful
authority of, or attempts or conspiracy to use, chemical weapons.
Modifies Federal prohibitions against the use of weapons of mass
destruction to prohibit and penalize only such use without lawful
authority.
Proposed Wiretap Changes via H.R. 275
---------------------------------------------------------------------------
THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Search
Prev Hit Back HomePage
Hit List Best Sections Help
Doc Contents
---------------------------------------------------------------------------
H.R.275
Effective Antiterrorism Tools for Law Enforcement Act of 1997 (Introduced
in the House)
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--
---------------------------------------------------------------------------
THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Search
Prev Hit Back HomePage
Hit List Best Sections Help
Doc Contents
---------------------------------------------------------------------------
No comments:
Post a Comment