I
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 Com-
mittee 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 jurisdic-
tion of the committee concerned
A BILL
To amend title 18, United States Code, to prevent or miti-
gate crimes of violence or acts of terrorism by author-
izing Federal criminal investigators to carry firearms
and respond to such crimes of violence or acts of ter-
rorism 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 Representa-
tives 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’ Empower-
ment 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 fol-
lowing:
‘‘§ 3064. Powers of Federal criminal investigators to
respond to crimes of violence or acts of
terrorism
‘‘(a) A criminal investigator employed by any depart-
ment or agency of the United States Government is au-
thorized to—
‘‘(1) carry firearms within the jurisdiction of
the United States and the special aircraft jurisdic-
tion 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 investi-
gator and to take into custody any person or persons
committing such crimes of violence, acts of ter-
rorism, or other violations of Federal law on an in-
terim 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 consulta-
tion 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 sec-
tion, 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 De-
partment 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 Admin-
istrator 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 crimi-
nal 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. How-
ever, this subsection shall not restrict a criminal investi-
gator 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 destruc-
tion 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 fea-
tures 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, Sec-
retary of Transportation, Secretary of the Treasury, the
Director of the Federal Bureau of Investigation, and the
Director of the United States Secret Service. The Comp-
troller 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 ex-
ercise under existing law;
‘‘(2) limit the law enforcement or investigative
authorities a department or agency of the United
States Government may otherwise exercise under ex-
isting 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 sec-
tion 5545a of title 5, who has—
‘‘(A) demonstrated proficiency in the use
of firearms; and
‘‘(B) successfully completed a training pro-
gram for Federal criminal investigators at the
Federal Law Enforcement Training Center,
Federal Bureau of Investigation Academy, or
equivalent Federal facility approved by the At-
torney 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 in-
jury 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 avail-
ability of a criminal investigator and means that a
criminal investigator—
‘‘(A) shall be considered generally and rea-
sonably 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 ju-
risdiction of the United States, or any violation
of Federal law related to the special aircraft ju-
risdiction of the United States, as defined in
section 3064 of title 18.’’.
Æ