[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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