[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3069 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3069

                To secure American families effectively.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 2001

   Mr. Paul introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                To secure American families effectively.

    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 ``Securing American Families 
Effectively (SAFE) Act''.

                          TITLE I--IMMIGRATION

SEC. 101. VISAS.

    (a) Student.--No citizens from a country which is one the State 
Department's list of governments which have sponsored terrorism or on 
the State Department's list of governments which have been less than 
fully cooperative in anti-terrorism efforts shall be granted a visa 
permitting study in the United States.
    (b) Diversity Immigrant Program.--No citizen from a country on the 
State Department's list of governments which have sponsored terrorism 
or on the State Department's list of governments which have been less 
than fully cooperative in anti-terrorism efforts may be issued an 
immigrant visa under section 203(c) of the Immigration and Nationality 
Act (8 U.S.C. 1153(c)) (governing the diversity immigrant program).

             TITLE II--DATA SHARING; INTELLIGENCE GATHERING

SEC. 201. REQUIRING SHARING BY THE FEDERAL BUREAU OF INVESTIGATION OF 
              CERTAIN CRIMINAL RECORD EXTRACTS WITH OTHER FEDERAL 
              AGENCIES IN ORDER TO ENHANCE BORDER SECURITY.

    (a) In General.--Section 105 of the Immigration and Nationality Act 
(8 U.S.C. 1105), is amended--
            (1) in the section heading, by adding ``and data exchange'' 
        at the end;
            (2) by inserting ``(a) Liaison With Internal Security 
        Officers.--'' after ``105.'';
            (3) by striking ``the internal security of'' and inserting 
        ``the internal and border security of''; and
            (4) by adding at the end the following:
    ``(b) Criminal History Record Information.--The Attorney General 
and the Director of the Federal Bureau of Investigation shall provide 
the Secretary of State and the Commissioner access to the criminal 
history record information contained in the National Crime Information 
Center's Interstate Identification Index, Wanted Persons File, and to 
any other files maintained by the National Crime Information Center 
that may be mutually agreed upon by the Attorney General and the 
official to be provided access, for the purpose of determining whether 
a visa applicant or applicant for admission has a criminal history 
record indexed in any such file. Such access shall be provided by means 
of extracts of the records for placement in the Department of State's 
automated visa lookout database or other appropriate database, and 
shall be provided without any fee or charge. The Director of the 
Federal Bureau of Investigation shall provide periodic updates of the 
extracts at intervals mutually agreed upon by the Attorney General and 
the official provided access. Upon receipt of such updated extracts, 
the receiving official shall make corresponding updates to the 
official's databases and destroy previously provided extracts. Such 
access to any extract shall not be construed to entitle the Secretary 
of State to obtain the full content of the corresponding automated 
criminal history record. To obtain the full content of a criminal 
history record, the Secretary of State shall submit the applicant's 
fingerprints and any appropriate fingerprint processing fee authorized 
by law to the Criminal Justice Information Services Division of the 
Federal Bureau of Investigation.
    ``(c) Reconsideration.--The provision of the extracts described in 
subsection (b) may be reconsidered by the Attorney General and the 
receiving official upon the development and deployment of a more cost-
effective and efficient means of sharing the information.
    ``(d) Regulations.--For purposes of administering this section, the 
Secretary of State shall, prior to receiving access to National Crime 
Information Center data, promulgate final regulations--
            ``(1) to implement procedures for the taking of 
        fingerprints; and
            ``(2) to establish the conditions for the use of the 
        information received from the Federal Bureau of Investigation, 
        in order--
                    ``(A) to limit the redissemination of such 
                information;
                    ``(B) to ensure that such information is used 
                solely to determine whether to issue a visa to an 
                individual;
                    ``(C) to ensure the security, confidentiality, and 
                destruction of such information; and
                    ``(D) to protect any privacy rights of individuals 
                who are subjects of such information.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by amending the item relating to section 
105 to read as follows:

``Sec. 105. Liaison with internal security officers and data 
                            exchange.''.
    (c) Effective Date and Implementation.--The amendments made by this 
section shall take effect on the date of the enactment of this Act and 
shall be fully implemented not later than 18 months after such date.
    (d) Reporting Requirement.--Not later than 2 years after the date 
of the enactment of this Act, the Attorney General and the Secretary of 
State, jointly, shall report to the Congress on the implementation of 
the amendments made by this section.
    (e) Construction.--Nothing in this section, or in any other law, 
shall be construed to limit the authority of the Attorney General or 
the Director of the Federal Bureau of Investigation to provide access 
to the criminal history record information contained in the National 
Crime Information Center's Interstate Identification Index, or to any 
other information maintained by such center, to any Federal agency or 
officer authorized to enforce or administer the immigration laws of the 
United States, for the purpose of such enforcement or administration, 
upon terms that are consistent with sections 212 through 216 of the 
National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 
14611 et seq.).

SEC. 202. AUTHORIZED DISCLOSURE.

    Section 2510(7) of title 18, United States Code, is amended by 
inserting ``, and (for purposes only of section 2517 as it relates to 
foreign intelligence information) any Federal law enforcement, 
intelligence, national security, national defense, protective, 
immigration personnel, or the President or Vice President of the United 
States'' after ``such offenses''.

SEC. 203. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-UNITED 
              STATES PERSONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE.

    (a) Including Agents of a Foreign Power.--(1) Section 105(e)(1) of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1805(e)(1)) is amended by inserting ``or an agent of a foreign power, 
as defined in section 101(b)(1)(A),'' after ``or (3),''.
    (2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is amended 
by inserting ``or an agent of a foreign power, as defined in section 
101(b)(1)(A),'' after ``101(a),''.
    (b) Period of Order.--Such section 304(d)(1) is further amended by 
striking ``forty-five'' and inserting ``90''.

            TITLE III--EXPANSION OF FBI LINGUISTIC CAPACITY

SEC. 301. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) Authority.--The Director of the Federal Bureau of Investigation 
is authorized to expedite the employment of personnel as translators to 
support counterterrorism investigations and operations without regard 
to applicable Federal personnel requirements and limitations.
    (b) Security Requirements.--The Director of the Federal Bureau of 
Investigation shall establish such security requirements as are 
necessary for the personnel employed as translators.
    (c) Report.--The Attorney General shall report to the Committees on 
the Judiciary of the House of Representatives and the Senate on--
            (1) the number of translators employed by the FBI and other 
        components of the Department of Justice;
            (2) any legal or practical impediments to using translators 
        employed by other Federal State, or local agencies, on a full, 
        part-time, or shared basis; and
            (3) the needs of the FBI for specific translation services 
        in certain languages, and recommendations for meeting those 
        needs.

                       TITLE IV--CRIMINAL JUSTICE

SEC. 401. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM OFFENSES.

    (a) In General.--Section 3286 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3286. Terrorism offenses
    ``(a) An indictment may be found or an information instituted at 
any time without limitation for any Federal terrorism offense or any of 
the following offenses:
            ``(1) A violation of, or an attempt or conspiracy to 
        violate, section 32 (relating to destruction of aircraft or 
        aircraft facilities), 37(a)(1) (relating to violence at 
        international airports), 175 (relating to biological weapons), 
        229 (relating to chemical weapons), 351(a)-(d) (relating to 
        congressional, cabinet, and Supreme Court assassination and 
        kidnaping), 792 (relating to harboring terrorists), 831 
        (relating to nuclear materials), 844(f) or (i) when it relates 
        to bombing (relating to arson and bombing of certain property), 
        1114(1) (relating to protection of officers and employees of 
        the United States), 1116, if the offense involves murder 
        (relating to murder or manslaughter of foreign officials, 
        official guests, or internationally protected persons), 1203 
        (relating to hostage taking), 1751(a)-(d) (relating to 
        Presidential and Presidential staff assassination and 
        kidnaping), 2332(a)(1) (relating to certain homicides and other 
        violence against United States nationals occurring outside of 
        the United States), 2332a (relating to use of weapons of mass 
        destruction), 2332b (relating to acts of terrorism transcending 
        national boundaries) of this title.
            ``(2) Section 236 (relating to sabotage of nuclear 
        facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 
        2284);
            ``(3) Section 601 (relating to disclosure of identities of 
        covert agents) of the National Security Act of 1947 (50 U.S.C. 
        421).
            ``(4) Section 46502 (relating to aircraft piracy) of title 
        49.
    ``(b) An indictment may be found or an information instituted 
within 15 years after the offense was committed for any of the 
following offenses:
            ``(1) Section 175b (relating to biological weapons), 842(m) 
        or (n) (relating to plastic explosives), 930(c) if it involves 
        murder (relating to possessing a dangerous weapon in a Federal 
        facility), 956 (relating to conspiracy to injure property of a 
        foreign government), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7) 
        (relating to protection of computers), 1362 (relating to 
        destruction of communication lines, stations, or systems), 1366 
        (relating to destruction of an energy facility), 1992 (relating 
        to trainwrecking), 2152 (relating to injury of fortifications, 
        harbor defenses, or defensive sea areas), 2155 (relating to 
        destruction of national defense materials, premises, or 
        utilities), 2156 (relating to production of defective national 
        defense materials, premises, or utilities), 2280 (relating to 
        violence against maritime navigation), 2281 (relating to 
        violence against maritime fixed platforms), 2339A (relating to 
        providing material support to terrorists), 2339B (relating to 
        providing material support to terrorist organizations), or 
        2340A (relating to torture).
            ``(2) Any of the following provisions of title 49: the 
        second sentence of section 46504 (relating to assault on a 
        flight crew with a dangerous weapon), section 46505(b)(3), 
        (relating to explosive or incendiary devices, or endangerment 
        of human life by means of weapons, on aircraft), section 46506 
        if homicide or attempted homicide is involved, or section 
        60123(b) (relating to destruction of interstate gas or 
        hazardous liquid pipeline facility) of title 49.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by amending the 
item relating to section 3286 to read as follows:

``3286. Terrorism offenses.''.
    (c) Application.--The amendments made by this section shall apply 
to the prosecution of any offense committed before, on, or after the 
date of enactment of this section.

SEC. 402. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES.

    Section 3559 of title 18, United States Code, is amended by adding 
after subsection (d) the following:
    ``(e) Authorized Terms of Imprisonment for Terrorism Crimes.--A 
person convicted of any Federal terrorism offense may be sentenced to 
imprisonment for any term of years or for life, notwithstanding any 
maximum term of imprisonment specified in the law describing the 
offense. The authorization of imprisonment under this subsection is 
supplementary to, and does not limit, the availability of any other 
penalty authorized by the law describing the offense, including the 
death penalty, and does not limit the applicability of any mandatory 
minimum term of imprisonment, including any mandatory life term, 
provided by the law describing the offense.''.

SEC. 403. PENALTIES FOR TERRORIST CONSPIRACIES.

    Chapter 113B of title 18, United States Code, is amended--
            (1) by inserting after section 2332b the following:
``Sec. 2332c. Attempts and conspiracies
    ``(a) Except as provided in subsection (c), any person who attempts 
or conspires to commit any Federal terrorism offense shall be subject 
to the same penalties as those prescribed for the offense, the 
commission of which was the object of the attempt or conspiracy.
    ``(b) Except as provided in subsection (c), any person who attempts 
or conspires to commit any offense described in section 25(2) shall be 
subject to the same penalties as those prescribed for the offense, the 
commission of which was the object of the attempt or conspiracy.
    ``(c) A death penalty may not be imposed by operation of this 
section.''; and
            (2) in the table of sections at the beginning of the 
        chapter, by inserting after the item relating to section 2332b 
        the following new item:

``2332c. Attempts and conspiracies.''.

                        TITLE V--PROBABLE CAUSE

SEC. 501. PROBABLE CAUSE.

    Notwithstanding any other provision of law or regulation probable 
cause shall be the maximum standard for authorizing an investigation, 
or issuing a search warrant, related to investigations of suspected 
terrorists.
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