[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3409 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3409

To amend title 18, United States Code, to prevent or mitigate crimes of 
     violence or acts of terrorism by authorizing Federal criminal 
investigators to carry firearms and respond to such crimes of violence 
 or acts of terrorism committed in their presence and to amend section 
   5545a of title 5, United States Code, to expand the definition of 
    ``available'' for those criminal investigators who receive Law 
   Enforcement Availability Pay, to include responding to crimes of 
         violence or acts of terrorism, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2001

 Mr. Fossella introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Government Reform, 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 amend title 18, United States Code, to prevent or mitigate crimes of 
     violence or acts of terrorism by authorizing Federal criminal 
investigators to carry firearms and respond to such crimes of violence 
 or acts of terrorism committed in their presence and to amend section 
   5545a of title 5, United States Code, to expand the definition of 
    ``available'' for those criminal investigators who receive Law 
   Enforcement Availability Pay, to include responding to crimes of 
         violence or acts of terrorism, and for other purposes.

    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 ``Anti-Terrorism, Anti-Hijacking, and 
Federal Criminal Investigators' Empowerment Act of 2001''.

SEC. 2. AUTHORITY TO RESPOND TO CRIMES OF VIOLENCE AND ACTS OF 
              TERRORISM.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3064. Powers of Federal criminal investigators to respond to 
              crimes of violence or acts of terrorism
    ``(a) A criminal investigator employed by any department or agency 
of the United States Government is authorized to--
            ``(1) carry firearms within the jurisdiction of the United 
        States and the special aircraft jurisdiction of the United 
        States; and
            ``(2) respond to any crime of violence or act of terrorism 
        within the jurisdiction of the United States, or any violation 
        of Federal law related to the special aircraft jurisdiction of 
        the United States, committed in the presence of the criminal 
        investigator and to take into custody any person or persons 
        committing such crimes of violence, acts of terrorism, or other 
        violations of Federal law on an interim Federal basis, but, as 
        soon as possible, the custody of such person or persons shall 
        be turned over to the appropriate Federal law enforcement 
        agency with jurisdiction.
    ``(b) The authorities provided for in subsection (a)(2) shall be 
exercised only in exigent circumstances, or under the direction of the 
head of any department or agency of the United States Government with 
jurisdiction.
    ``(c) Within 60 days of the enactment of this section, the head of 
any department or agency of the United States Government employing 
criminal investigators, in consultation with the Director of the 
Federal Law Enforcement Training Center, or in the case of those 
agencies within the Department of Justice not trained at the Federal 
Law Enforcement Center, in consultation with the Director of the 
Federal Bureau of Investigation, shall ensure that its firearms policy 
for criminal investigators conforms with standards and regulations 
established by the Attorney General.
    ``(d) Within 180 days of the enactment of this section, criminal 
investigators shall receive specific training in responding to crimes 
of violence, acts of terrorism, or other crimes committed in the 
special aircraft jurisdiction of the United States. Such training shall 
be approved by the Attorney General and administered by the Director of 
the Federal Law Enforcement Training Center, or in the case of those 
criminal investigators employed by the Department of Justice, may be 
administered by the Director of the Federal Bureau of Investigation.
    ``(e) Upon successful completion of such training as provided for 
in subsection (d), the Administrator of the Federal Aviation 
Administration shall issue the criminal investigator a special 
identification credential. The Administrator may prescribe regulations 
requiring the criminal investigator to display the special 
identification credential to authorized security officials before 
carrying a firearm in the special aircraft jurisdiction of the United 
States.
    ``(f) In the absence of exigent circumstances, a criminal 
investigator shall take no action involving the use or display of a 
firearm, or other law enforcement action, while an aircraft is in 
flight unless directed to do by the pilot in command or other 
authorized crewmember. However, this subsection shall not restrict a 
criminal investigator from reacting to exigent circumstances aboard an 
aircraft in flight involving the risk of serious injury or death of 
passengers or crew, and the hijacking or destruction of the aircraft.
    ``(g) Not later than 180 days after the date of the enactment of 
this section, an advisory panel shall provide recommendations to 
Congress and the Administrator of the Federal Aviation Administration 
regarding the design, control, production, security and 
anticounterfeiting features of the special identification credential 
authorized in subsection (e). The advisory panel shall be chaired by 
the Comptroller General, or designee, and shall include one 
representative appointed by the Administrator, Attorney General, 
Secretary of Defense, Secretary of State, Secretary of Transportation, 
Secretary of the Treasury, the Director of the Federal Bureau of 
Investigation, and the Director of the United States Secret Service. 
The Comptroller General may invite any other Federal, State, or local 
officials or private individuals to provide information and participate 
in panel meetings. The panel may provide recommendations in a public 
document and in a restricted document.
    ``(h) Nothing in this section may be construed to--
            ``(1) limit the law enforcement or investigative 
        authorities a criminal investigator may otherwise exercise 
        under existing law;
            ``(2) limit the law enforcement or investigative 
        authorities a department or agency of the United States 
        Government may otherwise exercise under existing law;
            ``(3) grant a criminal investigator authorities not 
        specified in this section; and
            ``(4) grant a department or agency of the United States 
        Government authorities not specified in this section.
    ``(i) As used in this section--
            ``(1) the term `criminal investigator' means a Federal law 
        enforcement officer, as defined in section 5545a of title 5, 
        who has--
                    ``(A) demonstrated proficiency in the use of 
                firearms; and
                    ``(B) successfully completed a training program for 
                Federal criminal investigators at the Federal Law 
                Enforcement Training Center, Federal Bureau of 
                Investigation Academy, or equivalent Federal facility 
                approved by the Attorney General;
            ``(2) the term `crime of violence' has the same meaning as 
        defined in section 16 of this title;
            ``(3) the term `act of terrorism' has the same meaning as 
        defined in section 3077 of this title;
            ``(4) the term `aircraft in flight' has the same meaning as 
        defined in section 46501 of title 49;
            ``(5) the term `exigent circumstances' means those 
        circumstances when a criminal investigator reasonably believes 
        that there is risk of serious injury or death to the criminal 
        investigator or others;
            ``(6) the term `jurisdiction of the United States' has the 
        same meaning as defined in section 5 of this title; and
            ``(7) the term `special aircraft jurisdiction of the United 
        States' has the same meaning as defined in section 46501 of 
        title 49.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 203 of title 18, United States Code, is amended by adding at 
the end the following new item:

``3064. Powers of Federal criminal investigators to respond to crimes 
                            of violence or acts of terrorism.''.

SEC. 3. LAW ENFORCEMENT AVAILABILITY PAY.

    Paragraph (1) of section 5545a(1) of title 5, United States Code, 
is amended to read as follows:
            ``(1) the term `available' refers to the availability of a 
        criminal investigator and means that a criminal investigator--
                    ``(A) shall be considered generally and reasonably 
                accessible by the agency employing such investigator to 
                perform unscheduled duty based upon the needs of an 
                agency; and
                    ``(B) shall be available to respond to a crime of 
                violence or act of terrorism in the jurisdiction of the 
                United States, or any violation of Federal law related 
                to the special aircraft jurisdiction of the United 
                States, as defined in section 3064 of title 18.''.
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