HR 3069 IH

To secure American families effectively.

October 9, 2001

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

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.

END