Politics of The "War On Terrorism"

P72. Politics of the “War on Terrorism” Reader I.
15
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1 Preliminaries. [18-20 September] On 26th February 1993, at approximately

12.18 p.m., an improvised explosive device
The 1993 World Trade Center attack. exploded on the second level of the World
Attacks on US embassies in Nairobi and Dar Trade Center parking basement.
es Salaam, and on the USS Cole. Clinton
Administration measures. The election of The resulting blast produced a crater,
2000 and the early anti-terrorism actions of approximately 150 feet in diameter and five
the GW Bush Administration. Was the US floors deep, in the parking basement. The
‘unprepared’? structure consisted mainly of steel-
reinforced concrete, twelve to fourteen
inches thick. The epicenter of the blast was
approximately eight feet from the south wall
1.Week Barton Gellman, “A of Trade Tower Number One, near the
Strategy’s Cautious support column K31/8. The device had been
Evolution: Before Sept. 11, placed in the rear cargo portion of a one-ton
the Bush Anti-Terror Effort Ford F350 Econoline van, owned by the
Was Mostly Ambition,” Ryder Rental Agency, Jersey City, New
Washington Post, 20 January Jersey. Approximately 6,800 tons of
2002. material were displaced by the blast.
Reader II. Unfortunately, the URL of this The main explosive charge consisted
primarily of approximately 1,200 to 1,500
excellent article changes in the Washington pounds of a home-made fertilizer-based
Post archive, so that it is available on line explosive, urea nitrate. The fusing system
only for a fee. In Reader II. consisted of two 20-minute lengths of a non-
electric burning type fuse such as green
hobby fuse. The hobby fuse terminated in
the lead azide, as the initiator.
1.W.1 Interpol account of the 1993
World Trade Center attack. Also incorporated in the device and
http://www.interpol.int/Public/Publications/I placed under the main explosive charge
CPR/ICPR469_3.asp were three large metal cylinders (tare weight
126 pounds) of compressed hydrogen gas.
12 May 2002! The crime scene and prosecution
International Criminal Police Review - No 469-471 (1998) On 26th February 1993, at approximately
12.18 p.m., an explosion occurred under the
The Bombing of the World World Trade Center complex in New York
City. Early media reports and some
Trade Center in New York telephone com-munications from law
City enforcement personnel in New York
by Dave Williams suggested that a generator had exploded.
Bomb technician Special Agents from the
New York FBI had responded as a first
How the World Trade Center bombers were
analysis team and their conclusion was that
identified by a combination of patience, an improvised explosive device had
skill, determination and co-operation. exploded. Subsequent requests to the FBI
P72. Politics of the “War on Terrorism” Reader I. 16
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Laboratory for field support were met with gels, slurries and fertilizer-based explosives.
two Special Agent Examiners from the FBI The explosive damage was more of a
Laboratory Explosives Unit who arrived in pushing and heaving type rather than the
New York on 27th February. Initial analyses damage one would expect from a more
of the crime scene confirmed that the brisant shattering and splitting explosive
damage had been caused by an improvised such as TNT or C-4. Also, by an initial
explosive device. Within one week assessment of the type of damage and the
following the explosion, more than 300 law size of the crater, it was determined that the
enforcement officers from around the explosive main charge must have been
country had sifted through more than 2,500 between 1,200 and 1,500 pounds. When
cubic yards of debris weighing in excess of making this type of extrapolation, the
6,800 tons, and had pieced together evidence explosive expert must consider external
in the most significant international terrorist factors such as confinement by the target
act ever committed on U.S. soil. itself, witness materials and structural
integrity of the building.
The resulting explosion killed six people
and injured more than a thousand. More than Once the type and amount of explosive
50,000 people were evacuated from the had been estimated, it was possible to
Trade Center complex during the hours surmise that the bomb had been too large to
immediately following the blast. transport in a sedan-type automobile, while
the ceiling clearance limited the height of
The initial inspection on 27th February the vehicle. By this method of reasonable
was described as "a scene of massive deduction, the initial opinion was that the
devastation, almost surreal". It was like explosive device had to have been
walking into a cave, with no lights other transported into the Trade Center parking
than flashlights flickering across the crater. area in either a pickup truck or a van.
There were small pockets of fire, electrical
arcing from damaged wiring, and During the initial assessment of
automobile alarms whistling, howling and explosive damage to the complex, it became
honking. The explosion ruptured two of the very clear that the structural integrity of
main sewage lines from both Trade towers Trade Tower Number One was at risk, and
and the Vista Hotel and several water mains that the Vista Hotel would probably collapse
from the air conditioning system. In all, within days if structural steel support was
more than 2 million gallons of water and not in place as soon as possible. It was also
sewage were pumped out of the crime scene. apparent that structural problems were not
the only safety hazard. The raw sewage
After an initial inspection of the present could present a biological hazard, as
underground parking area, FBI explosive could the asbestos and mineral wool (a level
unit personnel were able to determine that a 2 carcinogen), acid and fuel from the
crater had been formed, measuring automobiles, and small fires caused by short
approximately 150 feet in diameter at its circuits. Another concern was the possibility
widest point and over five stories deep. The of pieces of concrete 14 inches thick and as
damage done to automobiles, concrete and large as a kitchen table falling from 70 feet
structural steel, for example, suggested that above. And as one would expect at a
the explosive had a velocity of detonation of bombing crime scene, there were a great
around 14,000 to 15,500 feet per second. It many sharp metal fragments from both the
is known that there are several commercial building and the vehicles present during the
explosives that fall within that range of blast.
detonation, including some dynamites, water
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Before establishing a plan of attack to agent were also assigned to provide safety
begin the collection of evidence, other support for the chemists. During the early
concerns were important. The Port Authority morning hours of this residue collection, the
Transportation system, PATH, which bomb technician discovered a fragment from
operates a train system from New Jersey a vehicle frame which displayed massive
into New York, a major commuter explosive damage. The ATF agent and
umbilicus, was damaged by the blast. If the bomb technician placed the 300 pound
system could not operate on the Monday fragment on a litter and carried it to a police
morning, commuting would be a nightmare. vehicle. The fragment was transported to the
Late on Saturday night, it was decided to Laboratory for analysis. Due to sewage
evacuate the complex, place seismographic contamination, the piece was of no value for
equipment around the damaged area and run explosive residue analyses. A closer
a train through the system. Results of this inspection of the fragment displayed a dot
test showed that with minimal structural matrix number. The number was identified
support, the train could be allowed to run on as the confidential vehicle identification
Monday: one problem solved. Within hours number of a van reported stolen the day
of the blast, OSHA, the Occupational Safety before the bombing. The vehicle was a 1990
and Health Administration, advised that Ford, F-350 Econoline van owned by the
certain personal safety and breathing Ryder Rental Agency, rented in New Jersey
equipment must be used by crime scene and reported stolen in New Jersey. The
personnel. OSHA personnel volunteered to frame fragment displayed explosive damage
conduct personal sessions with every consistent with damage from a device
individual and fit dust proof masks. They exploding inside the vehicle.
also provided numerous air quality monitors
to determine if the crime scene effort By Sunday morning a fully operational
disturbed any hazardous materials. Evidence Control Center was established in
the basement of the Merryl Lynch building
The Environmental Protection Agency across West Street. This evidence command
(EPA) was concerned about the disposal of post incorporated secure and non-secure
the unwanted debris from the crime scene. telephones and facsimile, photocopiers,
The co-operation provided by OSHA and radio communication with the crime scene
the air analyses convinced EPA personnel and FBI headquarters in New York,
that disposal would not be a problem. computers and data processors, phototelesis,
and a scheduled meeting room. Merryl
The vehicle frame fragment found on the site and the Lynch maintained security from the media
VIN which led to identification of the van used by the until investigation of the crime scene was
bombers.
completed.
!
On 28th February, four FBI forensic On Monday morning three teams were
chemists and four ATF (Bureau of Alcohol,
assembled and the entrance and exit ramps
Tobacco and Firearms) chemists arrived to
to the parking basement were secured and
begin explosive residue collection. A
cleaned while contract engineers were
transient chemistry explosive residue rapidly securing the structural support of the
laboratory was put together in the already crime scene. By Tuesday morning
existing New York City Police Department approximately 200 law enforcement officers
Laboratory. Later that evening, six forensic
from at least eight different agencies were
chemists, two from each agency (FBI, ATF,
on hand to begin the monumental task of
NYPD) were dispatched to the crater area to
collecting evidence.
collect explosive residues. A bomb
technician from the NYPD and an ATF
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Also by Tuesday, four Assistant United An interview with the manager of the
States Attorneys were assigned to the self-storage center indicated that Salameh
prosecution. It was fortunate that the had rented a space, and that four "Arab
attorneys were assigned at that time because looking" individuals had been observed
late on Monday night the vehicle fragment using a Ryder van several days before the
was identified by the FBI Laboratory as bombing. The manager also said that the day
having been a portion of the vehicle that before the bombing, AGL Welding Supply
contained the device and as having been from Clifton, New Jersey, had delivered
reported stolen on 25th February 1993. FBI three large tanks of compressed hydrogen
agents travelled to the Ryder Rental Agency gas. The storage manager had told Salameh
in Jersey City, New Jersey, which had to remove them that day. During the search
rented out the vehicle and began an of the storage room rented by Salameh,
interview of the station manager. While the many chemicals and items of laboratory
interview was under way, an individual by equipment were located. Among the items
the name of Mohammad Salameh seized was 300 pounds of urea, 250 pounds
telephoned Ryder and wanted his security of sulfuric acid, numerous one-gallon
deposit returned. A meeting was arranged so containers, both empty and containing nitric
that Salameh would return to the Ryder acid and sodium cyanide, two 50-foot
Agency on 4th March. When he returned for lengths of hobby fuse, a blue plastic trash
the $400 deposit, FBI agents were on hand can, and a bilge pump. While examining the
to place him under surveillance. As Salameh trash can and bilge pump, a white crystalline
was leaving, numerous media personnel substance was found. A chemical analysis
were observed outside, setting up their identified urea nitrate.
photography equipment. It was then decided
that Salameh would be arrested on the spot. While inventorying the materials in the
His arrest and the subsequent search of his storage center, six 2-quart bottles of brown
personal property led to Nidel Ayyad, a liquid were discovered. The liquid was
chemist working for the Allied Signal identified as home-made nitro-glycerine,
Corporation in New Jersey. Ayyad was very unstable in the condition in which it
connected to Salameh through telephone toll was found. The nitro-glycerine was
records and joint bank accounts. At the time transported and destroyed by the New Jersey
of Ayyad's arrest his personal computer was State Police Bomb Squad.
seized from his office (more about that
later). Also through toll records and receipts, On 3rd March, a type-written
a safe house or bomb factory was located on communication was received at the New
Pamrappo Avenue, in Jersey City. A search York Times. The communique claimed
of this bomb factory revealed that acids and respon-sibility for the bombing of the World
other chemicals had been used at that Trade Center in the name of Allah. The
apartment to manufacture explosives. Traces letter was composed on a personal computer
of nitro-glycerine and urea nitrate were and printed on a laser printer. Very little can
found on the carpet and embedded in the be identified as to the origin of the printer,
ceiling. It appeared that a chemical reaction but a search of the hidden files in Ayyad's
involving acid had occurred in the computer revealed wording identical to that
apartment. At the same time, telephone toll of the text of the communique. Saliva
records from Salameh and Ayyad showed samples from Salameh, Ayyad and a third
that calls had been made to a self-storage man, Mahmud Abouhalima, were obtained
center not too far from the bomb factory. and compared with the saliva on the
envelope flap. A DNA Q Alpha examination
concluded that Ayyad had licked the
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envelope on the communique received by July 1993 in compliance with the Speedy
the Times. Abuhalima, who was an integral Trial Act. A trial date was established for
part of the conspiracy, had fled the United 6th September 1993. During the
States the day after the bombing, and had examination of evidence in the Laboratory,
later been arrested in Egypt and extradited the remains of 3 high-pressure gas cylinders
back to the United States. belonging to the AGL Welding Company
were identified. A small fragment of red
Meanwhile investigations at the crime paint with a grey primer was located on one
scene continued. All items of potential of the metal fragments of the gas cylinder.
evidence were documented on the sites, This paint fragment was compared with the
preserving the chain of evidence and the red paint used by AGL on their hydrogen
chain of custody. In less than one month, the tanks and was found to be the same. On one
crime scene investigations were completed. portion of a fragment of the Ryder truck
In all, approximately 3,000 pounds of debris bed, several fragments of blue plastic, the
were removed from the crime scene and size of a pin head, were located. These
transported to the FBI Laboratory in fragments were compared with the plastic
Washington, D.C. from the trash container at the self-storage
center premises Salameh had rented and
In September 1992, a man named Ahmad were found to be alike.
M. Ajaj had entered the United States from
Pakistan at New York's JFK airport. He was Fragments of all four tyres were found at
arrested on a passport violation. In his the crime scene and compared with the data
checked luggage, Ajaj had numerous on the maintenance scheduled at Ryder. All
manuals and video cassette tapes. These four tyres were accounted for.
tapes and manuals described methods of
manufacturing explosives, including urea Prior to the trial, the FBI Laboratory's
nitrate, nitro-glycerine, lead azide, TNT and Special Project Section constructed a scale
other high explosives. model of the portion of the Trade Center that
was damaged by the blast. The model
Interviews and latent fingerprint incorporated push-button fiber optic lighting
examinations identified two other to depict the location at the crime scene
individuals who were an integral part of the where pertinent items of evidence were
bombing conspiracy. The first, Ramzi found. Once illuminated and described to
Yousef, had entered the U.S. on the same the jury during the trial, the lights and the
flight as Ajaj, but had been deported model told a very clear and precise story.
immediately. Yousef was identified through
fingerprints and photospreads as having During the six month trial, more than 200
been associating with Salameh immediately witnesses introduced over 1000 exhibits. On
prior to the bombing. His fingerprints were 4th March 1994, exactly one year after
also found in the explosive manuals located Salameh's arrest, the jury found Salameh,
in Ajaj's checked luggage. The second Ajaj, Abuhalima and Ayyad guilty on all
individual, known only as "Yassin", was thirty-eight counts.
identified in much the same manner and was
probably involved in the packaging and Abuhalima was identified during
delivery of the bomb on the morning of 26th neighborhood investigations at the bomb
February. factory and storage center through a
photospread. It was later determined that he
The FBI Laboratory was under the gun to was an integral part of the conspiracy. He
complete all scientific examinations by 7th had fled the United States the day after the
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bombing and was arrested in Egypt. He was airlines have implemented special security
thereafter extradited to the United States. measures.
© Associated Press
1.F.2 Summary article on Ramzi Active Measures

Yusef:
http://www.mahk.com/sc750.htm Asian International Bomb Threat
This page is drawn from the Kukui

Roadhouse site, which includes a number of Tuesday, January 10, 1995
(AP) -- The U.S. State Department said it had received
useful links not enabled here. information from the Philippine government about
bomb threats directed at U.S. airlines flying to and from
the Pacific region and had increased security on those
flights. The U.S. government and the airlines have
Related Scenarios implemented special security measures.
Aviation Security Deployed to Asia

Thursday, June 24, 1993
New York Bombing Conspiracy
Friday, January 13, 1995
Friday, December 09, 1994 (Reuters) - U.S. bomb experts have been flown to the
Philippine capital Manila and other parts of Asia to
Philippine Airline Bombing help guard against any attempt by Moslem extremists to
bomb American aircraft. Washington sent the experts
Wednesday, April 19, 1995 following a warning from Manila that Moslem
Oklahoma City Bombing extremists could launch bomb attacks against American
planes on routes to Asia.
United Airlines Honolulu Flight Threat
1995 Year in Review Saturday, January 14, 1995

(Reuters) - A bomb threat forced a United Airlines
aircraft bound for Honolulu to return to Narita airport
near Tokyo shortly after midnight on Saturday but no
Terrorism Threats bomb was found. The aircraft had begun its journey in
Manila and made a stop at Narita before continuing
toward Honolulu.
Search United Airlines Hong Kong Flight Diverted
Sunday, January 15, 1995

(AP) - Two U.S. jetliners flying over the Pacific were
ordered down in a bomb scare, and Filipino sources
Tuesday, January 10, 1995 said Sunday new restrictions had been imposed on U.S.
The U.S. State Department said it had carriers because of Muslim extremist threats. The FAA
ordered two United Airlines jets to land before reaching
received information from the Philippine their Pacific destinations because of bomb fears.
government about bomb threats directed
at U.S. airlines flying to and from the United Airlines Emergency Landing
Pacific region and had increased security
on those flights. "Although the
information has not been confirmed Tuesday, February 07, 1995
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(AFP) - A United Airlines DC-10 plane flying from Thursday, September 5, 1996
Bangkok to Japan was forced to land at Taiwan's (CNN) -- A federal jury on Thursday found three men
international airport Tuesday after a bomb alert, the guilty of plotting to bomb 12 U.S. airliners in Asia. The
second such incident in less than a month, airport jury found Ramzi Ahmed Yousef, the alleged
officials said. The airliner was told after taking off from mastermind of the plot, and two other defendants,
Bangkok that a bomb could have been planted in one of Abdul Hakim Murad and Wali Khan Amin Shah, guilty
the containers. on seven counts after two-and-a-half days of
deliberations.
Airline Bomb Threat Issued Worldwide
Kukui Roadhouse - Los Angeles, California
Wednesday, February 08, 1995

(Reuters) - The U.S. State Department on Thursday 1.F.3 The New York Times, 9 June
said it has extended to all U.S. air carriers operating in 2002, reviewing key issues
Europe and Africa warnings issued last month about
possible bomb threats against U.S. flights in Asia. The
before Congressional inquiry
earlier announcements centered on information [also listed later in the course]:
received from the Philippine government concerning
bomb threats.
http://www.nytimes.com/2002/06/09/nationa
Airline Bombing Connections l/09MISS.html In Reader II.
Friday, February 10, 1995

(AP) -- Materials left in a Philippines apartment
detailed a plane bombing and plot to kill the pope that 2.Week Precursors A l i e n and
authorities suspect were planned by the man accused of Sedition Acts [1798] and
masterminding the World Trade Center explosion, The
New York Times reported today. related state resolutions:3
Alien Act:
Continental Guam Flights Targeted http://www.yale.edu/lawweb/avalon/statutes
/alien.htm
Monday, February 13, 1995 Sedition Act:

(Reuters) - A computer seized in Manila from Moslem
extremist Ramzi Ahmed Yousef mentions plans to http://www.yale.edu/lawweb/avalon/statutes
assassinate Pope John Paul and names three major U.S. /sedact.htm
airlines as possible targets Diskettes taken from the
Manila apartment where Yousef stayed cited
Continental Airlines planes serving the Marianas and Virginia Resolution:
Guam routes in the Pacific. http://www.yale.edu/lawweb/avalon/virres.h
tm
Capture of Ramzi Yousef
Kentucky Resolution [Draft, October]:

http://www.yale.edu/lawweb/avalon/jeffken.
Monday, February 20, 1995
(AP) - U.S. authorities have arrested the alleged htm
mastermind of the 1993 bombing of the World Trade
Center and are holding him in New York for trial. Kentucky Resolution [3 December 1798]:
Ramzi Ahmed Yousef, 27, was detained Tuesday by law
enforcement officials in Pakistan and was handed over http://www.yale.edu/lawweb/avalon/kenres.
to American authorities. Yousef was flown to the United htm
States last night.
Plane terror suspects convicted on all counts

3
These sources are linked from the Yale
University Law School’s Avalon Project:
http://www.yale.edu/lawweb/avalon/alsedact.htm
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between the United States, and the hostile
nation or government, of which they shall be
An Act Respecting Alien natives, citizens, denizens or subjects: and
Enemies where no such treaty shall have existed, the
President of the United States may ascertain
SECTION 1. Be it enacted by the Senate and declare such reasonable time as may be
and House of Representatives of the United consistent with the public safety, and
States of America in Congress assembled, according to the dictates of humanity and
That whenever there shall be a declared war national hospitality.
between the United States and any foreign
nation or government, or any invasion or SEC. 2. And be it further enacted, That
predatory incursion shall be perpetrated, after any proclamation shall be made as
attempted, or threatened against the territory aforesaid, it shall be the duty of the several
of the United States, by any foreign nation courts of the United States, and of each
or government, and the President of the state, having criminal jurisdiction, and of the
United States shall make public several judges and justices of the courts of
proclamation of the event, all natives, the United States, and they shall be, and are
citizens, denizens, or subjects of the hostile hereby respectively, authorized upon
nation or government, being males of the complaint, against any alien or alien
age of fourteen years and upwards, who enemies, as aforesaid, who shall be resident
shall be within the United States, and not and at large within such jurisdiction or
actually naturalized, shall be liable to be district, to the danger of the public peace or
apprehended, restrained, secured and safety, and contrary to the tenor or intent of
removed, as alien enemies. And the such proclamation, or other regulations
President of the United States shall be, and which the President of the United States
he is hereby authorized, in any event, as shall and may establish in the premises, to
aforesaid, by his proclamation thereof, or cause such alien or aliens to be duly
other public act, to direct the conduct to be apprehended and convened before such
observed, on the part of the United States, court, judge or justice; and after a full
towards the aliens who shall become liable, examination and hearing on such complaint.
as aforesaid; the manner and degree of the and sufficient cause therefor appearing, shall
restraint to which they shall be subject, and and may order such alien or aliens to be
in what cases, and upon what security their removed out of the territory of the United
residence shall be permitted, and to provide States, or to give sureties of their good
for the removal of those, who, not being behaviour, or to be otherwise restrained,
permitted to reside within the United States, conformably to the proclamation or
shall refuse or neglect to depart therefrom; regulations which shall and may be
and to establish any other regulations which established as aforesaid, and may imprison,
shall be found necessary in the premises and or otherwise secure such alien or aliens,
for the public safety: Provided, that aliens until the order which shall and may be
resident within the United States, who shall made, as aforesaid, shall be performed.
become liable as enemies, in the manner
aforesaid, and who shall not be chargeable SEC. 3. And be it further enacted, That it
with actual hostility, or other crime against shall be the duty of the marshal of the
the public safety, shall be allowed, for the district in which any alien enemy shall be
recovery, disposal, and removal of their apprehended, who by the President of the
goods and effects, and for their departure, United States, or by order of any court,
the full time which is, or shall be stipulated judge or justice, as aforesaid, shall be
by any treaty, where any shall have been required to depart, and to be removed, as
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aforesaid, to provide therefor, and to execute combination, whether such conspiracy,
such order, by himself or his deputy, or threatening, counsel, advice, or attempt shall
other discreet person or persons to be have the proposed effect or not, he or they
employed by him, by causing a removal of shall be deemed guilty of a high
such alien out of the territory of the United misdemeanor, and on conviction, before any
States; and for such removal the marshal court of the United States having jurisdiction
shall have the warrant of the President of the thereof, shall be punished by a fine not
United States, or of the court, judge or
exceeding five thousand dollars, and by
justice ordering the same, as the case may
imprisonment during a term not less than six
be.
months nor exceeding five years; and
APPROVED, July 6, 1798 further, at the discretion of the court may be
ho]den to find sureties for his good
behaviour in such sum, and for such time, as
An Act in Addition the said court may direct.
to the Act, Entitled SEC. 2. And be it farther enacted, That if

any person shall write, print, utter or
"An Act for the publish, or shall cause or procure to be
written, printed, uttered or published, or
Punishment of shall knowingly and willingly assist or aid in
writing, printing, uttering or publishing any
false, scandalous and malicious writing or
Certain Crimes writings against the government of the
United States, or either house of the
Against the United Congress of the United States, or the
President of the United States, with intent to
States." defame the said government, or either house
of the said Congress, or the said President,
or to bring them, or either of them, into
SECTION 1. Be it enacted by the Senate contempt or disrepute; or to excite against
and House of Representatives of the United them, or either or any of them, the hatred of
States of America, in Congress assembled, the good people of the United States, or to
That if any persons shall unlawfully stir up sedition within the United States, or
combine or conspire together, with intent to to excite any unlawful combinations therein,
oppose any measure or measures of the for opposing or resisting any law of the
government of the United States, which are United States, or any act of the President of
or shall be directed by proper authority, or to the United States, done in pursuance of any
impede the operation of any law of the such law, or of the powers in him vested by
United States, or to intimidate or prevent the constitution of the United States, or to
any person holding a place or office in or resist, oppose, or defeat any such law or act,
under the government of the United States, or to aid, encourage or abet any hostile
from undertaking, performing or executing designs of any foreign nation against United
his trust or duty, and if any person or States, their people or government, then
persons, with intent as aforesaid, shall such person, being thereof convicted before
counsel, advise or attempt to procure any any court of the United States having
insurrection, riot, unlawful assembly, or jurisdiction thereof, shall be punished by a
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fine not exceeding two thousand dollars, and the States, to maintain which it pledges all
by imprisonment not exceeding two years. its powers; and that for this end, it is their
duty to watch over and oppose every
SEC. 3. And be it further enacted and infraction of those principles which
d e c l a r e d, That if any person shall be constitute the only basis of that Union,
prosecuted under this act, for the writing or because a faithful observance of them, can
publishing any libel aforesaid, it shall be alone secure it's existence and the public
lawful for the defendant, upon the trial of happiness.
the cause, to give in evidence in his defence,
the truth of the matter contained in That this Assembly doth explicitly and
Republication charged as a libel. And the peremptorily declare, that it views the
jury who shall try the cause, shall have a powers of the federal government, as
right to determine the law and the fact, resulting from the compact, to which the
under the direction of the court, as in other states are parties; as limited by the plain
cases. sense and intention of the instrument
constituting the compact; as no further valid
SEC. 4. And be it further enacted, That that they are authorized by the grants
this act shall continue and be in force until enumerated in that compact; and that in case
the third day of March, one thousand eight of a deliberate, palpable, and dangerous
hundred and one, and no longer: Provided, exercise of other powers, not granted by the
that the expiration of the act shall not said compact, the states who are parties
prevent or defeat a prosecution and thereto, have the right, and are in duty
punishment of any offence against the law, bound, to interpose for arresting the progress
during the time it shall be in force. of the evil, and for maintaining within their
respective limits, the authorities, rights and
APPROVED, July 14, 1798. liberties appertaining to them.
That the General Assembly doth also

Virginia express its deep regret, that a spirit has in
sundry instances, been manifested by the
Resolution: 1798 federal government, to enlarge its powers by
forced constructions of the constitutional
charter which defines them; and that
implications have appeared of a design to
RESOLVED, That the General expound certain general phrases (which
Assembly of Virginia, doth unequivocably having been copied from the very limited
express a firm resolution to maintain and grant of power, in the former articles of
defend the Constitution of the United States, confederation were the less liable to be
and the Constitution of this State, against misconstrued) so as to destroy the meaning
every aggression either foreign or domestic, and effect, of the particular enumeration
and that they will support the government of which necessarily explains and limits the
the United States in all measures warranted general phrases; and so as to consolidate the
by the former. states by degrees, into one sovereignty, the
obvious tendency and inevitable
That this assembly most solemnly consequence of which would be, to
declares a warm attachment to the Union of transform the present republican system of
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the United States, into an absolute, or at best and to the establishment of a precedent
a mixed monarchy. which may be fatal to the other.
That the General Assembly doth That the good people of this
particularly protest against the palpable and commonwealth, having ever felt, and
alarming infractions of the Constitution, in continuing to feel, the most sincere affection
the two late cases of the "Alien and Sedition for their brethren of the other states; the
Acts" passed at the last session of Congress; truest anxiety for establishing and
the first of which exercises a power no perpetuating the union of all; and the most
where delegated to the federal government, serupulous fidelity to that constitution,
and which by uniting legislative and judicial which is the pledge of mutual friendhsip,
powers to those of executive, subverts the and the instrument of mutual happiness; the
general principles of free government; as General Assembly doth solemenly appeal to
well as the particular organization, and the like dispositions of the other states, in
positive provisions of the federal confidence that they will concur with this
constitution; and the other of which acts, commonwealth in declaring, as it does
exercises in like manner, a power not hereby declare, that the acts aforesaid, are
delegated by the constitution, but on the unconstitutional; and that the necessary and
contrary, expressly and positively forbidden proper measures will be taken by each, for
by one of the amendments thererto; a power, co-operating with this state, in maintaining
which more than any other, ought to produce the Authorities, Rights, and Liberties,
universal alarm, because it is levelled referred to the States respectively, or to the
against that right of freely examining public people.
characters and measures, and of free
communication among the people thereon, That the Governor be desired, to transmit
which has ever been justly deemed, the only a copy of the foregoing Resolutions to the
effectual guardian of every other right. executive authority of each of the other
states, with a request that the same may be
That this state having by its Convention, communicated to the Legislature thereof;
which ratified the federal Constitution, and that a copy be furnished to each of the
expressly declared, that among other Senators and Representatives representing
essential rights, "the Liberty of Conscience this state in the Congress of the United
and of the Press cannot be cancelled, States.
abridged, restrained, or modified by any
authority of the United States," and from its Agreed to by the Senate, December 24,
extreme anxiety to guard these rights from 1798.
every possible attack of sophistry or
ambition, having with other states,
recommended an amendment for that
purpose, which amendment was, in due
Draft of the
time, annexed to the Constitution; it would
mark a reproachable inconsistency, and Kentucky
criminal degeneracy, if an indifference were
now shewn, to the most palpable violation of Resolutions :
one of the Rights, thus declared and secured;
October - 1798
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14th day of July, 1798, and intituled "An
Act in addition to the act intituled An Act
1. Resolved, That the several States for the punishment of certain crimes against
composing the United States of America, are the United States," as also the act passed by
not united on the principle of unlimited them on the -- day of June, 1798, intituled
submission to their General Government; "An Act to punish frauds committed on the
but that, by a compact under the style and bank of the United States," (and all their
title of a Constitution for the United States, other acts which assume to create, define, or
and of amendments thereto, they constituted punish crimes, other than those so
a General Government for special purposes, enumerated in the Constitution,) are
-- delegated to that government certain altogether void, and of no force; and that the
definite powers, reserving, each State to power to create, define, and punish such
itself, the residuary mass of right to their other crimes is reserved, and, of right,
own self-government; and that whensoever appertains solely and exclusively to the
the General Government assumes respective States, each within its own
undelegated powers, its acts are territory.
unauthoritative, void, and of no force; that to
this compact each State acceded as a State, 3. _Resolved_, That it is true as a general
and is an integral party, its co-States principle, and is also expressly declared by
forming, as to itself, the other party: that the one of the amendments to the Constitution,
government created by this compact was not that "the powers not delegated to the United
made the exclusive or final judge of the States by the Constitution, nor prohibited by
extent of the powers delegated to itself; it to the States, are reserved to the States
since that would have made its discretion, respectively, or to the people;" and that no
and not the Constitution, the measure of its power over the freedom of religion, freedom
powers; but that, as in all other cases of of speech, or freedom of the press being
compact among powers having no common delegated to the United States by the
judge, each party has an equal right to judge Constitution, nor prohibited by it to the
for itself, as well of infractions as of the States, all lawful powers respecting the same
mode and measure of redress. did of right remain, and were reserved to the
States or the people: that thus was
2. _Resolved_, That the Constitution of manifested their determination to retain to
the United States, having delegated to themselves the right of judging how far the
C o n g r e s s a power to punish treason, licentiousness of speech and of the press
counterfeiting the securities and current coin may be abridged without lessening their
of the United States, piracies, and felonies useful freedom, and how far those abuses
committed on the high seas, and offences which cannot be separated from their use
against the law of nations, and no other should be tolerated, rather than the use be
crimes whatsoever; and it being true as a destroyed. And thus also they guarded
general principle, and one of the against all abridgment by the United States
amendments to the Constitution having also of the freedom of religious opinions and
declared, that "the powers not delegated to exercises, and retained to themselves the
the United States by the Constitution, nor right of protecting the same, as this State, by
prohibited by it to the States, are reserved to a law passed on the general demand of its
the States respectively, or to the people," citizens, had already protected them from all
therefore the act of Congress, passed on the human restraint or interference. And that in
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addition to this general principle and express 5. _Resolved_, That in addition to the
declaration, another and more special general principle, as well as the express
provision has been made by one of the declaration, that powers not delegated are
amendments to the Constitution, which reserved, another and more special
expressly declares, that "Congress shall provision, inserted in the Constitution from
make no law respecting an establishment of abundant caution, has declared that "the
religion, or prohibiting the free exercise migration or importation of such persons as
thereof, or abridging the freedom of speech any of the States now existing shall think
or of the press:" thereby guarding in the proper to admit, shall not be prohibited by
same sentence, and under the same words, the Congress prior to the year 1808;" that
the freedom of religion, of speech, and of this commonwealth does admit the
the press: insomuch, that whatever violated migration of alien friends, described as the
either, throws down the sanctuary which subject of the said act concerning aliens: that
covers the others, and that libels, falsehood, a provision against prohibiting their
and defamation, equally with heresy and migration, is a provision against all acts
false religion, are withheld from the equivalent thereto, or it would be nugatory:
cognizance of federal tribunals. That, that to remove them when migrated, is
therefore, the act of Congress of the United equivalent to a prohibition of their
States, passed on the 14th day of July, 1798, migration, and is, therefore, contrary to the
intituled "An Act in addition to the act said provision of the Constitution, and void.
intituled An Act for the punishment of
certain crimes against the United States," 6. _Resolved_, That the imprisonment of
which does abridge the freedom of the press, a person under the protection of the laws of
is not law, but is altogether void, and of no this commonwealth, on his failure to obey
force. the simple _order_ of the President to depart
out of the United States, as is undertaken by
4. _Resolved_, That alien friends are said act intituled "An Act concerning
under the jurisdiction and protection of the aliens," is contrary to the Constitution, one
laws of the State wherein they are: that no amendment to which has provided that "no
power over them has been delegated to the person shall be deprived of liberty without
United States, nor prohibited to the due process of law;" and that another having
individual States, distinct from their power provided that "in all criminal prosecutions
over citizens. And it being true as a general the accused shall enjoy the right to public
principle, and one of the amendments to the trial by an impartial jury, to be informed of
Constitution having also declared, that "the the nature and cause of the accusation, to be
powers not delegated to the United States by confronted with the witnesses against him,
the Constitution, nor prohibited by it to the to have compulsory process for obtaining
States, are reserved to the States witnesses in his favor, and to have the
respectively, or to the people," the act of the assistance of counsel for his defence," the
Congress of the United States, passed on the same act, undertaking to authorize the
-- day of July, 1798, intituled "An Act President to remove a person out of the
concerning aliens," which assumes powers United States, who is under the protection of
over alien friends, not delegated by the the law, on his own suspicion, without
Constitution, is not law, but is altogether accusation, without jury, without public
void, and of no force. trial, without confrontation of the witnesses
against him, without hearing witnesses in his
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favor, without defence, without counsel, is preceding resolutions call for immediate
contrary to the provision also of the redress.
Constitution, is therefore not law, but utterly
void, and of no force: that transferring the 8th. _Resolved_, That a committee of
power of judging any person, who is under conference and correspondence be
the protection of the laws, from the courts to appointed, who shall have in charge to
the President of the United States, as is communicate the preceding resolutions to
undertaken by the same act concerning the legislatures of the several States; to
aliens, is against the article of the assure them that this commonwealth
Constitution which provides that "the continues in the same esteem of their
judicial power of the United States shall be friendship and union which it has manifested
vested in courts, the judges of which shall from that moment at which a common
hold their offices during good behavior;" danger first suggested a common union: that
and that the said act is void for that reason it considers union, for specified national
also. And it is further to be noted, that this purposes, and particularly to those specified
transfer of judiciary power is to that in their late federal compact, to be friendly
magistrate of the General Government who to the peace, happiness and prosperity of all
already possesses all the Executive, and a the States: that faithful to that compact,
negative on all legislative powers. according to the plain intent and meaning in
which it was understood and acceded to by
7. _Resolved_, That the construction the several parties, it is sincerely anxious for
applied by the General Government (as is its preservation: that it does also believe,
evidenced by sundry of their proceedings) to that to take from the States all the powers of
those parts of the Constitution of the United self-government and transfer them to a
States which delegate to Congress a power general and consolidated government,
"to lay and collect taxes, duties, imports, and without regard to the special delegations and
excises, to pay the debts, and provide for the reservations solemnly agreed to in that
common defence and general welfare of the compact, is not for the peace, happiness or
United States," and "to make all laws which prosperity of these States; and that therefore
shall be necessary and proper for carrying this commonwealth is determined, as it
into execution the powers vested by the doubts not its co-States are, to submit to
Constitution in the government of the United undelegated, and consequently unlimited
States, or in any department or officer powers in no man, or body of men on earth:
thereof," goes to the destruction of all limits that in cases of an abuse of the delegated
prescribed to their power by the powers, the members of the General
Constitution: that words meant by the Government, being chosen by the people, a
instrument to be subsidiary only to the change by the people would be the
execution of limited powers, ought not to be constitutional remedy; but, where powers
so construed as themselves to give unlimited are assumed which have not been delegated,
powers, nor a part to be so taken as to a nullification of the act is the rightful
destroy the whole residue of that instrument: remedy: that every State has a natural right
that the proceedings of the General in cases not within the compact, (casus non
Government under color of these articles, foederis,) to nullify of their own authority all
will be a fit and necessary subject of revisal assumptions of power by others within their
and correction, at a time of greater limits: that without this right, they would be
tranquillity, while those specified in the under the dominion, absolute and unlimited,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
of whosoever might exercise this right of election, or other interests, public or
judgment for them: that nevertheless, this personal: that the friendless alien has indeed
commonwealth, from motives of regard and been selected as the safest subject of a first
respect for its co-States, has wished to experiment; but the citizen will soon follow,
communicate with them on the subject: that or rather, has already followed, for already
with them alone it is proper to communicate, has a sedition act marked him as its prey:
they alone being parties to the compact, and that these and successive acts of the same
solely authorized to judge in the last resort character, unless arrested at the threshold,
of the powers exercised under it, Congress necessarily drive these States into revolution
being not a party, but merely the creature of and blood, and will furnish new calumnies
the compact, and subject as to its against republican government, and new
assumptions of power to the final judgment pretexts for those who wish it to be believed
of those by whom, and for whose use itself that man cannot be governed but by a rod of
and its powers were all created and iron: that it would be a dangerous delusion
modified: that if the acts before specified were a confidence in the men of our choice
should stand, these conclusions would flow to silence our fears for the safety of our
from them; that the General Government rights: that confidence is everywhere the
may place any act they think proper on the parent of despotism -- free government is
list of crimes, and punish it themselves founded in jealousy, and not in confidence;
whether enumerated or not enumerated by it is jealousy and not confidence which
the Constitution as cognizable by them: that prescribes limited constitutions, to bind
they may transfer its cognizance to the down those whom we are obliged to trust
President, or any other person, who may with power: that our Constitution has
himself be the accuser, counsel, judge and accordingly fixed the limits to which, and no
jury, whose _suspicions_ may be the further, our confidence may go; and let the
evidence, his _order_ the sentence, his honest advocate of confidence read the alien
_officer_ the executioner, and his breast the and sedition acts, and say if the Constitution
sole record of the transaction: that a very has not been wise in fixing limits to the
numerous and valuable description of the government it created, and whether we
inhabitants of these States being, by this should be wise in destroying those limits.
precedent, reduced, as outlaws, to the Let him say what the government is, if it be
absolute dominion of one man, and the not a tyranny, which the men of our choice
barrier of the Constitution thus swept away have conferred on our President, and the
from us all, no rampart now remains against President of our choice has assented to, and
the passions and the powers of a majority in accepted over the friendly strangers to
Congress to protect from a like exportation, whom the mild spirit of our country and its
or other more grievous punishment, the laws have pledged hospitality and
minority of the same body, the legislatures, protection: that the men of our choice have
judges, governors, and counsellors of the more respected the bare _suspicions_ of the
States, nor their other peaceable inhabitants, President, than the solid right of innocence,
who may venture to reclaim the the claims of justification, the sacred force
constitutional rights and liberties of the of truth, and the forms and substance of law
States and people, or who for other causes, and justice. In questions of power, then, let
good or bad, may be obnoxious to the views, no more be heard of confidence in man, but
or marked by the suspicions of the President, bind him down from mischief by the chains
or be thought dangerous to his or their of the Constitution. That this commonwealth
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does therefore call on its co-States for an may be appointed by any one or more co-
expression of their sentiments on the acts States to correspond or confer with them;
concerning aliens, and for the punishment of and that they lay their proceedings before
certain crimes herein before specified, the next session of Assembly.
plainly declaring whether these acts are or
are not authorized by the federal compact.
And it doubts not that their sense will be so
announced as to prove their attachment
Kentucky
unaltered to limited government, whether
general or particular. And that the rights and Resolution : 1799
liberties of their co-States will be exposed to
no dangers by remaining embarked in a
common bottom with their own. That they RESOLUTIONS IN
will concur with this commonwealth in
considering the said acts as so palpably
GENERAL ASSEMBLY
against the Constitution as to amount to an
undisguised declaration that that compact is THE representatives of the good people
not meant to be the measure of the powers of this commonwealth in general assembly
of the General Government, but that it will convened, having maturely considered the
proceed in the exercise over these States, of answers of sundry states in the Union, to
all powers whatsoever: that they will view their resolutions passed at the last session,
this as seizing the rights of the States, and respecting certain unconstitutional laws of
consolidating them in the hands of the Congress, commonly called the alien and
General Government, with a power assumed sedition laws, would be faithless indeed to
to bind the States, not merely as the cases themselves, and to those they represent,
made federal, (casus foederis,) but in all were they silently to acquiesce in principles
cases whatsoever, by laws made, not with and doctrines attempted to be maintained in
their consent, but by others against their all those answers, that of Virginia only
consent: that this would be to surrender the excepted. To again enter the field of
form of government we have chosen, and argument, and attempt more fully or forcibly
live under one deriving its powers from its to expose the unconstitutionality of those
own will, and not from our authority; and obnoxious laws, would, it is apprehended be
that the co-States, recurring to their natural as unnecessary as unavailing.
right in cases not made federal, will concur
in declaring these acts void, and of no force, We cannot however but lament, that in
and will each take measures of its own for the discussion of those interesting subjects,
providing that neither these acts, nor any by sundry of the legislatures of our sister
others of the General Government not states, unfounded suggestions, and uncandid
plainly and intentionally authorized by the insinuations, derogatory of the true character
Constitution, shall be exercised within their and principles of the good people of this
respective territories. commonwealth, have been substituted in
place of fair reasoning and sound argument.
9th. _Resolved_, That the said committee Our opinions of those alarming measures of
be authorized to communicate by writing or the general government, together with our
personal conferences, at any times or places reasons for those opinions, were detailed
whatever, with any person or person who with decency and with temper, and
submitted to the discussion and judgment of
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our fellow citizens throughout the Union. general government is the exclusive judge of
Whether the decency and temper have been the extent of the powers delegated to it, stop
observed in the answers of most of those nothing short of despotism; since the
states who have denied or attempted to discretion of those who adminster the
obviate the great truths contained in those government, and not the constitution, would
resolutions, we have now only to submit to a be the measure of their powers: That the
candid world. Faithful to the true principles several states who formed that instrument,
of the federal union, unconscious of any being sovereign and independent, have the
designs to disturb the harmony of that unquestionable right to judge of its
Union, and anxious only to escape the fangs infraction; and that a nullification, by those
of despotism, the good people of this sovereignties, of all unauthorized acts done
commonwealth are regardless of censure or under colour of that instrument, is the
calumniation. rightful remedy: That this commonwealth
does upon the most deliberate
Least however the silence of this reconsideration declare, that the said alien
commonwealth should be construed into an and sedition laws, are in their opinion,
acquiescence in the doctrines and principles palpable violations of the said constitution;
advanced and attempted to be maintained by and however cheerfully it may be disposed
the said answers, or least those of our fellow to surrender its opinion to a majority of its
citizens throughout the Union, who so sister states in matters of ordinary or
widely differ from us on those important doubtful policy; yet, in momentous
subjects, should be deluded by the regulations like the present, which so vitally
expectation, that we shall be deterred from wound the best rights of the citizen, it would
what we conceive our duty; or shrink from consider a silent acquiesecence as highly
the principles contained in those resolutions: criminal: That although this commonwealth
therefore. as a party to the federal compact; will bow
to the laws of the Union, yet it does at the
RESOLVED, That this commonwealth same time declare, that it will not now, nor
considers the federal union, upon the terms ever hereafter, cease to oppose in a
and for the purposes specified in the late constitutional manner, every attempt from
compact, as conducive to the liberty and what quarter soever offered, to violate that
happiness of the several states: That it does compact:
now unequivocally declare its attachment to
the Union, and to that compact, agreeable to AND FINALLY, in order that no
its obvious and real intention, and will be pretexts or arguments may be drawn from a
among the last to seek its dissolution: That if supposed acquiescence on the part of this
those who administer the general commonwealth in the constitutionality of
government be permitted to transgress the those laws, and be thereby used as
limits fixed by that compact, by a total precedents for similar future violations of
disregard to the special delegations of power federal compact; this commonwealth does
therein contained, annihilation of the state now enter against them, its SOLEMN
governments, and the erection upon their PROTEST.
ruins, of a general consolidated government,
will be the inevitable consequence: That the Approved December 3rd, 1799.
principle and construction contended for by
sundry of the state legislatures, that the
2.M.1 American Revolution
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will dictate that Governments long
Suppressing Rebellion: established should not be changed for light
http://www.founding.com/library/lbody.cfm and transient Causes; and accordingly all
?id=97&parent=17 Experience hath shewn, that Mankind are
more disposed to suffer, while Evils are
sufferable, than to right themselves by
abolishing the Forms to which they are
accustomed. But when a long Train of
2.M.2 American Revolution Abuses and Usurpations, pursuing
invariably the same Object, evinces a
Declaration of Independence: Design to reduce them under absolute
http://memory.loc.gov/const/declar.html Despotism, it is their Right, it is their Duty,
to throw off such Government, and to
provide new Guards for their future
Action of Second Continental Congress, Security. Such has been the patient
July 4, 1776 Sufferance of these Colonies; and such is
The unanimous Declaration of the now the Necessity which constrains them to
thirteen United States of America alter their former Systems of Government.
The History of the present King of Great-
WHEN in the Course of human Events, it Britain is a History of repeated Injuries and
becomes necessary for one People to Usurpations, all having in direct Object the
dissolve the Political Bands which have Establishment of an absolute Tyranny over
connected them with another, and to assume these States. To prove this, let Facts be
among the Powers of the Earth, the separate submitted to a candid World.
and equal Station to which the Laws of
Nature and of Nature's God entitle them, a HE has refused his Assent to Laws, the most
decent Respect to the Opinions of Mankind wholesome and necessary for the public
requires that they should declare the causes Good.
which impel them to the Separation.
HE has forbidden his Governors to pass
WE hold these Truths to be self-evident, Laws of immediate and pressing
that all Men are created equal, that they are Importance, unless suspended in their
endowed by their Creator with certain Operation till his Assent should be obtained;
unalienable Rights, that among these are and when so suspended, he has utterly
Life, Liberty and the Pursuit of Happiness -- neglected to attend to them.
That to secure these Rights, Governments
are instituted among Men, deriving their just HE has refused to pass other Laws for the
Powers from the Consent of the Governed, Accommodation of large Districts of People,
that whenever any Form of Government unless those People would relinquish the
becomes destructive of these Ends, it is the Right of Representation in the Legislature, a
Right of the People to alter or to abolish it, Right inestimable to them, and formidable to
and to institute new Government, laying its Tyrants only.
Foundation on such Principles, and
organizing its Powers in such Form, as to HE has called together Legislative Bodies at
them shall seem most likely to effect their Places unusual, uncomfortable, and distant
Safety and Happiness. Prudence, indeed, from the Depository of their public Records,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
for the sole Purpose of fatiguing them into HE has combined with others to subject us
Compliance with his Measures. to a Jurisdiction foreign to our Constitution,
and unacknowledged by our Laws; giving
HE has dissolved Representative Houses his Assent to their Acts of pretended
repeatedly, for opposing with manly Legislation:
Firmness his Invasions on the Rights of the
People. FOR quartering large Bodies of Armed
Troops among us;
HE has refused for a long Time, after such
Dissolutions, to cause others to be elected; FOR protecting them, by a mock Trial, from
whereby the Legislative Powers, incapable Punishment for any Murders which they
of the Annihilation, have returned to the should commit on the Inhabitants of these
People at large for their exercise; the State States:
remaining in the mean time exposed to all
the Dangers of Invasion from without, and FOR cutting off our Trade with all Parts of
the Convulsions within. the World:
HE has endeavoured to prevent the FOR imposing Taxes on us without our

Population of these States; for that Purpose Consent:
obstructing the Laws for Naturalization of
Foreigners; refusing to pass others to FOR depriving us, in many Cases, of the
encourage their Migrations hither, and Benefits of Trial by Jury:
raising the Conditions of new
Appropriations of Lands. FOR transporting us beyond Seas to be tried
for pretended Offences:
HE has obstructed the Administration of
Justice, by refusing his Assent to Laws for FOR abolishing the free System of English
establishing Judiciary Powers. Laws in a neighbouring Province,
establishing therein an arbitrary
HE has made Judges dependent on his Will Government, and enlarging its Boundaries,
alone, for the Tenure of their Offices, and so as to render it at once an Example and fit
the Amount and Payment of their Salaries. Instrument for introducing the same absolute
Rules into these Colonies:
HE has erected a Multitude of new Offices,
and sent hither Swarms of Officers to FOR taking away our Charters, abolishing
harrass our People, and eat out their our most valuable Laws, and altering
Substance. fundamentally the Forms of our
Governments:
HE has kept among us, in Times of Peace,
Standing Armies, without the consent of our FOR suspending our own Legislatures, and
Legislatures. declaring themselves invested with Power to
legislate for us in all Cases whatsoever.
HE has affected to render the Military
independent of and superior to the Civil HE has abdicated Government here, by
Power. declaring us out of his Protection and
waging War against us.
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inevitably interrupt our Connections and
HE has plundered our Seas, ravaged our Correspondence. They too have been deaf to
Coasts, burnt our Towns, and destroyed the the Voice of Justice and of Consanguinity.
Lives of our People. We must, therefore, acquiesce in the
Necessity, which denounces our Separation,
HE is, at this Time, transporting large and hold them, as we hold the rest of
Armies of foreign Mercenaries to compleat Mankind, Enemies in War, in Peace,
the Works of Death, Desolation, and Friends.
Tyranny, already begun with circumstances
of Cruelty and Perfidy, scarcely paralleled in WE, therefore, the Representatives of the
the most barbarous Ages, and totally UNITED STATES OF AMERICA, in
unworthy the Head of a civilized Nation. GENERAL CONGRESS, Assembled,
appealing to the Supreme Judge of the
HE has constrained our fellow Citizens World for the Rectitude of our Intentions,
taken Captive on the high Seas to bear Arms do, in the Name, and by Authority of the
against their Country, to become the good People of these Colonies, solemnly
Executioners of their Friends and Brethren, Publish and Declare, That these United
or to fall themselves by their Hands. Colonies are, and of Right ought to be,
FREE AND INDEPENDENT STATES; that
HE has excited domestic Insurrections they are absolved from all Allegiance to the
amongst us, and has endeavoured to bring British Crown, and that all political
on the Inhabitants of our Frontiers, the Connection between them and the State of
merciless Indian Savages, whose known Great-Britain, is and ought to be totally
Rule of Warfare, is an undistinguished dissolved; and that as FREE AND
Destruction, of all Ages, Sexes and INDEPENDENT STATES, they have full
Conditions. Power to levy War, conclude Peace, contract
Alliances, establish Commerce, and to do all
IN every stage of these Oppressions we other Acts and Things which
have Petitioned for Redress in the most INDEPENDENT STATES may of right do.
humble Terms: Our repeated Petitions have And for the support of this Declaration, with
been answered only by repeated Injury. A a firm Reliance on the Protection of divine
Prince, whose Character is thus marked by Providence, we mutually pledge to each
every act which may define a Tyrant, is unfit other our Lives, our Fortunes, and our
to be the Ruler of a free People. sacred Honor.
NOR have we been wanting in Attentions to John Hancock.

our British Brethren. We have warned them GEORGIA, Button Gwinnett, Lyman Hall,
from Time to Time of Attempts by their Geo. Walton.
Legislature to extend an unwarrantable NORTH-CAROLINA, Wm. Hooper, Joseph
Jurisdiction over us. We have reminded Hewes, John Penn.
them of the Circumstances of our SOUTH-CAROLINA, Edward Rutledge,
Emigration and Settlement here. We have Thos Heyward, junr., Thomas Lynch, junr.,
appealed to their native Justice and Arthur Middleton.
Magnanimity, and we have conjured them MARYLAND, Samuel Chase, Wm. Paca,
by the Ties of our common Kindred to Thos. Stone, Charles Carroll, of Carrollton.
disavow these Usurpations, which, would
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
VIRGINIA, George Wythe, Richard Henry
Lee, Ths. Jefferson, Benja. Harrison, Thos. http://dept.english.upenn.edu/~afilreis/50s/n
Nelson, jr., Francis Lightfoot Lee, Carter ewby-sacvan.html
Braxton.
PENNSYLVANIA, Robt. Morris, Benjamin
Rush, Benja. Franklin, John Morton, Geo.
Clymer, Jas. Smith, Geo. Taylor, James
Wilson, Geo. Ross.
1.F.6 McCarthyism
DELAWARE, Caesar Rodney, Geo. Read.
NEW-YORK, Wm. Floyd, Phil. Livingston, http://www.spartacus.schoolnet.co.uk/USA
Frank Lewis, Lewis Morris. mccarthyism.htm Even ‘cacheing’ is
NEW-JERSEY, Richd. Stockton, Jno. forbidden, so please use the Web.
Witherspoon, Fras. Hopkinson, John Hart,
Abra. Clark.
NEW-HAMPSHIRE, Josiah Bartlett, Wm.
Whipple, Matthew Thornton. 2.F.7 McCarthyism. Chris Lewis,
MASSACHUSETTS-BAY, Saml. Adams,
University of Colorado.
John Adams, Robt. Treat Paine, Elbridge
Gerry.
http://www.colorado.edu/AmStudies/lewis/2
RHODE-ISLAND AND PROVIDENCE, C.
010/mccarthy.htm In Reader I.
Step. Hopkins, William Ellery.
CONNECTICUT, Roger Sherman, Saml.
Huntington, Wm. Williams, Oliver Wolcott.
Question for Discussion: How did
IN CONGRESS, JANUARY 18, 1777
McCarthyism limit!
American political debate
and freedom of!
2.W.3 Sacco & Vanzetti. Google
speech in the 1950s?
Web Directory entry:
http://directory.google.com/Top/Society/Cri Assigned Reading: Bibliobase, pp. 111-

me/Trials/Sacco_and_Vanzetti/ 116;
"Nightmare in Red" handout
Video:! CNN: McCarthyism during the

2.W.4 Sacco & Vanzetti. d’Attilio
Cold War
paper.
1. McCarthyism and Conformity in
http://www.english.upenn.edu/~afilreis/88/s 1950s America
acvan.html
Senator Joseph McCarthy-A Multimedia
Celebration
2.W.5 Sacco & Vanzetti. Richard
Newby paper. Joseph McCarthy: Wheeling Speech
(1950)
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
World Map Philip Morrison, a Professor of Physics,

expresses doubts about atomic warfare and
Map of the Korean War then faces a Congressional anticommunist
investigating committee, 1952
Map of Asia
"Communists Should Not Teach in
"Blacklists and Other Economic American Colleges" 1949
Sanctions"
1. What does Senator McCarthy feel is
See McCarthyism Quotes the major threat to American victory in the
Cold War?
The Fifth Amendment
2. What does McCarthy mean when he
American Bill of Rights says: "When a great democracy is destroyed,
it will not be because of enemies from
2. McCarthyism and Anti-communist without, but rather because of enemies from
Paranoia within"?
Americans accused of being Communists 3. Why does Senator Margaret Chase

Smith fear that McCarthy's anti-communism
• McCarthy attacks Truman and General threatens American democracy and
Marshall, 1951 freedom?
• BLACKLISTED- Background - The 4. What does the Tydings Committee

Impact of McCarthyism mean when they accuse Senator McCarthy
of using the "Big Lie" to smear Americans?
• About McCarthyism
5. Why does the Tydings Committee
IS THIS TOMORROW-- America under conclude that McCarthyism is "what we
Communism would expect in a totalitarian nation where
the rights of the individual are crushed
You Can Trust the Communists (to be beneath the juggernaut of statism and
Communists) oppression"?
Anticommunism and Modern Art 6. According to Richard Fried, how did

McCarthyism affect Americans' lives in the
An Example of Modern Art 1950s?
3. McCarthyism's affect on Americans' 7. According to Fried, which groups of

lives Americans were hurt by charges of
communism?
Lillian Hellman's FBI file
8. How did McCarthyism and the Cold
Millions trusted baby doctor, but FBI War impose conformity and an
didn't, agency's files show October 16, 1999
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
unquestioning support for the United States McCarthyism and Individual Americans
government?
The Literature & Culture of the
McCarthyism in 1950s America American 1950s
Senator Joseph McCarthy:A Multimedia Lillian Hellman's FBI file

Celebration
Philip Morrison, a Professor of Physics,
THE AGE OF MCCARTHYISM: A expresses doubts about atomic warfare and
BRIEF HISTORY WITH DOCUMENTS by then faces a Congressional anticommunist
Ellen Schrecker investigating committee, 1952
Victor Navasky's Naming Names "Communists Should Not Teach in

American Colleges" 1949
"The Social Costs" of McCarthyism
The Impact of McCarthyism Although Truman criticized the

Committee, his own Attorney General had
The Fifth Amendment expressed, in 1950, the same idea that
motivated its investigations: "There are
American Bill of Rights today many Communists in America. They
are everywhere--in factories, offices, butcher
How McCarthyism Worked in 1950s shops, on street comers, in private business--
America and each carries in himself the germs of
death for society."
McCarran Act or Internal Security Act of .....Howard Zinn, A People's History of
1950
the United States (1980)
Communism and National Security: The
Menace Emerges
"We have seen the technique of the 'Big
Lie,' elsewhere employed by the totalitarian
House on Un-American Activities
dictator with devastating success, utilized
Committee
here for the first time on a sustained basis in
our history....
"Blacklists and Other Economic
Sanctions"
....We have seen the character of private
citizens and of Government employees
HOLLYWOOD BLACKLIST
virtually destroyed by public condemnation
on the basis of gossip, distortion, hearsay,
HUAC and Censorship Changes in
and deliberate untruths.....The spectacle is
Hollywood
one we would expect in a totalitarian nation
where the rights of the individual are
Ronald Reagan, Testimony Before the
crushed beneath the juggernaut of statism
House Un-American Activities Committee
and oppression; it has no place in America
(1947)
where government exists to serve our
people, not destroy them."
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Soviet power and influence. In order to
............The Tydings Committee Report convince Americans that the United States
on McCarthy's Charges(1950). should engage in this global struggle with
the Soviets, President Truman was told by
advisors that he should "scare the hell out of
In the late 1940s and throughout the the country." In his speeches and
1950s, Americans suffered from a political declarations in the late 1940s and early
and cultural hysteria caused by fear and 1950s, Truman warned that there was a
anxiety about the Soviet threat. Many momentous global struggle between the
Americans came to believe that there were "free world" and the communist world.
communists working within their society to Truman and his advisors used apocalyptic
undermine the United States. Some rhetoric about a dangerous and decisive
Americans charged each other with being struggle between two "competing ways of
communists or communist sympathizers. life" to convince Americans that we were
Under the threat of this anti-communist confronting a dangerous enemy that needed
hysteria, many Americans withdrew from to be stopped. Reflecting this rhetoric, NSC
politics and kept their opinions to 68 warned that the "issues that face us are
themselves, fearing that they too would be momentous, involving the fulfillment or
accused of being communists. McCarthyism destruction not only of this Republic but of
is the use of the charge of communism to civilization itself. " It was in this context of
discredit political ideas, cultural values, and increasing American alarm about the Soviet
individual's lives and reputations. At the threat that a series of events in the late 1940s
height of McCarthyism in the 1950s, caused many Americans to wonder if the
Americans from all walks of life were United States was beginning to lose this
accused of being communist. As a result of global Cold War struggle to the Soviet
this anti-communist hysteria, many communists.
Americans were constantly looking over
their shoulders wondering whether their It was a series of political and military
neighbors, friends, and government officials setbacks in the late 1940s and early 1950s
were communists. In order to understand that caused Americans to become
this growing cultural and political hysteria increasingly concerns about the growing
about communism in the late 1940s and Soviet threat. In 1949, the Soviet Union
1950s, we need to examine how Americans exploded its first atomic bomb. Also in 1949
reacted to the early years of the Cold War China became communist, after the
after World War II. communist leader Mao Tse Tsung took
control over their government after a
After World War II, President Truman Chinese Civil War. In June 1950,
and the United States was determined to communist North Korea invaded South
stand up to the Soviet Union, believing that Korea and tried to impose communism over
America had won the right to be the all of Korea. But the President Truman and
political, economic, and military leader of the United States quickly declared a "police
the world. Because the Soviets refused to action" and intervened in the Korean Civil
recognize our leadership and challenged our War in order to prevent the communist from
efforts to reconstruct the global economy winning. After some initial setbacks, the
and society after World War II, the United United States began to push into North
States began a Cold War struggle to reduce Korea, and attempted to destroy communist
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
rule in the North and reunify Korea under knowledge and involvement in this
American control. But in October of 1950, communist conspiracy. In fact, in 1951
Communist China entered into the Korean McCarthy charged that President Truman
war, fearing that if the United States was a communist agent:
destroyed communism in North Korea it
would then march into China and try to "The President. He is their captive. The
destroy communist rule in China. Between President is not master in his own house.
1950 and 1953, the United States and China Those who are master there not only have a
fought a bloody war in Korea, with neither desire to protect the sappers and miners--
side able to win the upper hand. In 1953, they could not do otherwise. They
after President Eisenhower threatened to themselves are not free. They belong to a
drop atomic bombs on China, the Chinese larger conspiracy, the world-wide web of
agreed to an end to the war, which resulted which has been spun from Moscow."
in Korea once again being divided into a
communist North and a democratic South. Responding to these charges that he and
his top aides were communist agents,
Faced with this growing communist President Truman charged that McCarthy
threat in the early 1950s, some American was "the greatest asset the Communist had."
politicians began to charge that it was But if the President of the United States and
traitors in the United States who were other prominent and influential Americans
responsible for these dangerous American were under suspicion of being communists,
setbacks in the Cold War. In his 1950 any and every American could be a
Wheeling speech, Senator Joseph McCarthy communist.
charged that there were 205 communist
spies in the state department who were McCarthyism soon spread to every part
selling out the United States. McCarthy of American society and life in the early
warned that there were communist traitors in 1950s. Federal, state, and local governments
American government and society that were created blacklists of people and
threatening to destroy the United States. He organizations suspected of being
declared: "When a great democracy is communists. In addition to government
destroyed, it will not be because of enemies blacklists, private organizations also printed
from without, but rather because of enemies blacklists of their own. One of the more
from within." McCarthy called for a "moral prominent non-government blacklists was
uprising" of Americans to drive these Red Channels, which published lists of
dangerous communists out of government names of individuals and organizations
and society. suspected of being communists. If your
name was placed on one of these blacklists,
Between 1950 and 1954, Senator you could lose your job and your life and
McCarthy and others held government reputation could be ruined. In fact, only ten
hearings to reveal and weed out these percent of the actors, writers, directors and
Communists traitors in government and producers on the Hollywood blacklist ever
society. McCarthy called prominent worked in Hollywood again. To give you a
American writers, actors, directors, sense of how these blacklists work, let's look
government officials, and influential at the case of Nancy Reagan. In the early
American cultural and social leaders to 1950s, Nancy Davis discovered her name
testify before his committee about their was on one of the blacklists and she could
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
not longer work as an actress. Nancy went to for fear that they would stand out from the
the President of the Screen Actors Guild, crowd and be called communists. As a result
Ronald Reagan, and begged him to take her of McCarthyism, America in the 1950s was
name of the list. Reagan got her name off overwhelmed by a stifling conformity.
the list, and he later married her. Because Americans were afraid to voice
their opinions, the United States did not
Because of this growing anti-communist have a free and open debate about America's
hysteria in the early 1950s created by role in the world and our aggressive Cold
McCarthyism, Americans began to look War policies. If Americans are afraid to
over their shoulders wondering whether if participate in public debate, then they can't
there weren't in fact communists in their shape and control their lives, government,
midst. Some people used the charge of and society. Because of McCarthyism,
communism to defeat their enemies and America's democratic institutions and basic
their competition. Other Americans, fearing civil and political rights were violated.
that someone would point the finger at them, McCarthyism is a good example of how the
charged other people with being Cold War damaged and weakened America's
communists. If you could prove that democratic institutions. Only with the end of
someone else was a communist, no one the Cold War in the early 1990s do
would point the accusing finger at you. As a Americans really feel free to speak their
result, Americans from all walks of life were minds and voice their opinions, because
accused of being communists. Some accused with the collapse of the Soviet communist
the Girl Scouts of being a communist front. threat no one will accuse them of being
Others charged that Rock and Roll communists.
musicians were communists. Some accused
people who supported putting fluoride in the As we will see in the next few weeks,
water of being communists. Political McCarthyism allowed the government to
activists such as feminists and Black Civil violate the basic civil and political rights of
Rights and students were accused of being Americans throughout the Cold War. In the
communists. Teachers and University 1950s and 1960s, the FBI and the CIA
professors were accused of being opened people's mail, followed and harassed
communists, trying to undermine the values political groups challenging government
of young Americans. One of the worst policy, and attempted to "neutralize"
examples of people who were damaged by Americans who did not support America's
McCarthyism was librarians. Librarians aggressive Cold War policies. It was only in
were charged with being communists if they the mid-1970s that Americans discovered
bought certain books or allowed certain the full extent to which the government
books to be checked out. Faced with these violated their basic rights under
charges, some librarians even allowed some McCarthyism in the early years of the Cold
of their books to be burned in order to prove War. Revelations about government
they weren't communists. violations of the laws and of American's
basic rights caused many Americans to
McCarthyism and the political and question their government and its
cultural anti-communist hysteria it created commitment to democracy. Despite
threatened the the American's basic rights. McCarthyism and anti-communist political
Many Americans in the 1950s were afraid to and cultural hysteria, Americans have the
speak their mind or talk about their opinions right to hold any political and social points
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
of view they want. The Constitution and our twin towers of the World Trade Center in
democratic institutions guarantee Americans New York City, and one into the Pentagon
these basic rights which were threatened and in Washington, D.C. A fourth plane crashed
weakened by McCarthyism and the Cold in Pennsylvania. As a result, thousands of
War. innocent individuals from more than 80
nations lost their lives.
The evening of Sept. 11, President Bush

spoke to the American people from the Oval
3 The Attack of 9.11. [30 September –
Office in a nationally televised address:
4 October] The GW Bush
Administration response. Launching "The pictures of airplanes flying into
of the ‘war on terrorism’. UN buildings, fires burning, huge structures
Security Council endorsement. collapsing, have filled us with disbelief,
Origins of a ‘coalition’ terrible sadness, and a quiet, unyielding
[distinguished from the Gulf War anger. These acts of mass murder were
coalition]. Could the Administration intended to frighten our nation into chaos
have responded differently? and retreat. But they have failed; our country
is strong.
"A great people has been moved to

defend a great nation. Terrorist attacks can
3.Week A timeline, with British shake the foundations of our biggest
emphasis, of events for buildings, but they cannot touch the
several months after 9.11. foundation of America. These acts shattered
Follow the links from this steel, but they cannot dent the steel of
page into 2002. Source: The American resolve.
Guardian.
"America was targeted for attack because
http://www.guardian.co.uk/waronterror/stor we're the brightest beacon for freedom and
y/0,1361,555865,00.html opportunity in the world. And no one will
keep that light from shining."
These terrorist attacks were an act of war

3.M.1 White House FAQ re 9.11. against the United States.
Identifies attack as an “act of In a meeting on September 12 with his
war” on 9.11. National Security Team, President Bush
http://www.whitehouse.gov/response/faq- said, "The deliberate and deadly attacks
what.html which were carried out yesterday against our
country were more than acts of terror. They
were acts of war. This will require our
country to unite in steadfast determination
What is the War on Terrorism?
and resolve. Freedom and democracy are
Nineteen terrorists hijacked four under attack.
commercial airplanes on September 11,
2001 and crashed two of the planes into the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
"The American people need to know that Taliban regime in controlling most of that
we're facing a different enemy than we have country. In Afghanistan, we see al Qaeda's
ever faced. This enemy hides in shadows, vision for the world.
and has no regard for human life. This is an
enemy who preys on innocent and "Afghanistan's people have been
unsuspecting people, then runs for cover. brutalized — many are starving and many
But it won't be able to run for cover forever. have fled. Women are not allowed to attend
This is an enemy that tries to hide. But it school. You can be jailed for owning a
won't be able to hide forever. This is an television. Religion can be practiced only as
enemy that thinks its harbors are safe. But their leaders dictate. A man can be jailed in
they won't be safe forever. Afghanistan if his beard is not long enough.
"This enemy attacked not just our people, "The United States respects the people of
but all freedom-loving people everywhere in Afghanistan — after all, we are currently its
the world. The United States of America largest source of humanitarian aid — but we
will use all our resources to conquer this condemn the Taliban regime. It is not only
enemy. We will rally the world. We will be repressing its own people, it is threatening
patient, we will be focused, and we will be people everywhere by sponsoring and
steadfast in our determination. This battle sheltering and supplying terrorists. By
will take time and resolve. But make no aiding and abetting murder, the Taliban
mistake about it: we will win." regime is committing murder."
Osama bin Laden and the al Qaeda The American Response to Terrorism
network recruit and train in the tactics of The American Response to Terrorism is
terror. being fought at home and abroad through
On September 20, President Bush spoke multiple operations including: diplomatic,
to the members of Congress and the military, financial, investigative, homeland
American people about the terrorists. security and humanitarian actions.
"This group and its leader — a person On October 17, President Bush said,
named Osama bin Laden — are linked to "Ours will be a broad campaign, fought on
many other organizations in different many fronts. It's a campaign that will be
countries, including the Egyptian Islamic waged by day and by night, in the light and
Jihad and the Islamic Movement of in the shadow, in battles you will see and
Uzbekistan. There are thousands of these battles you won't see. It's a campaign waged
terrorists in more than 60 countries. They by soldiers and sailors, Marines and airmen;
are recruited from their own nations and and also by FBI agents and law enforcement
neighborhoods and brought to camps in officials and diplomats and intelligence
places like Afghanistan, where they are officers. It's a campaign that is being waged
trained in the tactics of terror. They are sent in distant lands, and a campaign being
back to their homes or sent to hide in waged by our new Office of Homeland
countries around the world to plot evil and Security.
destruction.
How Long Will the Effort Take?
"The leadership of al Qaeda has great
influence in Afghanistan and supports the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
There is no silver bullet, no single event "When we think of Islam we think of a
or action that is going to suddenly make the faith that brings comfort to a billion people
threat of terrorism disappear. This broad- around the world. Billions of people find
based and sustained effort will continue until comfort and solace and peace. And that's
terrorism is rooted out. The situation is made brothers and sisters out of every race."
similar to the Cold War, when continuous
pressure from many nations caused On Sept. 20, President Bush said in a
communism to collapse from within. We speech to Congress and the American
will press the fight as long as it takes. We people, "The terrorists practice a fringe form
will prevail. of Islamic extremism that has been rejected
by Muslim scholars and the vast majority of
This is not a war against Islam or any Muslim clerics -- a fringe movement that
other religion. perverts the peaceful teachings of Islam. The
terrorists' directive commands them to kill
The acts of violence on September 11 Christians and Jews, to kill all Americans,
resulted in the deaths of thousands of and make no distinction among military and
innocent people of many races and religions, civilians, including women and children.
including Islam. These terrorist acts violate
the fundamental tenets of the Islamic faith. American Muslims
America counts millions of Muslims among
its citizens, and Muslims make a valuable Freedom of worship is an American
contribution to the United States as doctors, value, and more than 2 million American
lawyers, law professors, members of the Muslims are associated with more than
military, entrepreneurs, shopkeepers, moms 1,200 mosques in the United States. Nearly
and dads. 90 percent of U.S. mosques have some
Asian, African-American, and Arab
Islam promotes peace, understanding and members, and 70 percent of American
justice — exactly the opposite of what the Muslims "strongly agree" that they should
Taliban and the terrorists they harbor participate in American institutions and the
advocate. political process.
On September 17, less than a week after
the attacks, President Bush visited the Friendship with Muslims and Nations
Islamic Center of Washington, D.C. and with Muslim Populations
said, "The English translation is not as
eloquent as the original Arabic, but let me For many years, the United States has
quote from the Koran, itself: In the long run, maintained friendly relationships with
evil in the extreme will be the end of those nations that include Muslim populations.
who do evil. For that they rejected the signs The United States has forged strong
of Allah and held them up to ridicule. partnerships with many Islamic countries for
our mutual defense, has encouraged trade
"The face of terror is not the true faith of and cultural exchange, and has opened its
Islam. That's not what Islam is all about. universities to many thousands of Muslim
Islam is peace. These terrorists don't students.
represent peace. They represent evil and
war. President Bush met with Muslim leaders
on September 26 and said, "I want to assure
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
my fellow Americans that when you pledge Statement by the President in His
allegiance to the flag, with your hand on Address to the Nation
your heart, you pledge just as hard to the
flag as I do; that the outpouring of support THE PRESIDENT: Good evening.
for our country has come from all corners of Today, our fellow citizens, our way of life,
the country, including many members of the our very freedom came under attack in a
Muslim faith. And for that I am grateful." series of deliberate and deadly terrorist acts.
The victims were in airplanes, or in their
President Bush announced a new offices; secretaries, businessmen and
initiative on October 25 called "Friendship women, military and federal workers; moms
Through Education," a consortium of groups and dads, friends and neighbors. Thousands
expanding links between U.S. students and of lives were suddenly ended by evil,
students in countries with Muslim despicable acts of terror.
populations.
The pictures of airplanes flying into
Friendship Through Education will buildings, fires burning, huge structures
facilitate expanded student and teacher collapsing, have filled us with disbelief,
exchanges among countries throughout the terrible sadness, and a quiet, unyielding
globe. It will launch this effort with a anger. These acts of mass murder were
commitment to expand links between US intended to frighten our nation into chaos
schools and those in Islamic countries, and retreat. But they have failed; our country
including Egypt, Indonesia, Qatar, Pakistan, is strong.
Turkey, Bahrain and Afghan refugee camps.
A great people has been moved to defend
President Bush said, "As you all know, a great nation. Terrorist attacks can shake
our nation is at war right now. We're going the foundations of our biggest buildings, but
to defend America and defend the values they cannot touch the foundation of
that we all hold dear. And our nation is America. These acts shattered steel, but they
united in the defense of our country. We are cannot dent the steel of American resolve.
not at war with Muslims. We don't have a
beef with Muslims. We want to be friends America was targeted for attack because
with Muslims and Muslim children." we're the brightest beacon for freedom and
opportunity in the world. And no one will
http://www.FriendshipThroughEducation keep that light from shining.
.org
Today, our nation saw evil, the very
worst of human nature. And we responded
with the best of America -- with the daring
3.W.2 GW Bush. 11 September of our rescue workers, with the caring for
2001. strangers and neighbors who came to give
blood and help in any way they could.
http://www.whitehouse.gov/news/releases/2
001/09/20010911-16.html Immediately following the first attack, I
implemented our government's emergency
response plans. Our military is powerful,
and it's prepared. Our emergency teams are
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
working in New York City and Washington,
D.C. to help with local rescue efforts. This is a day when all Americans from
every walk of life unite in our resolve for
Our first priority is to get help to those justice and peace. America has stood down
who have been injured, and to take every enemies before, and we will do so this time.
precaution to protect our citizens at home None of us will ever forget this day. Yet, we
and around the world from further attacks. go forward to defend freedom and all that is
good and just in our world.
The functions of our government
continue without interruption. Federal Thank you. Good night, and God bless
agencies in Washington which had to be America.
evacuated today are reopening for essential
personnel tonight, and will be open for END 8:35 P.M. EDT
business tomorrow. Our financial
institutions remain strong, and the American
economy will be open for business, as well.
3.W.3 GW Bush. 15 September
The search is underway for those who 2001.
are behind these evil acts. I've directed the
full resources of our intelligence and law http://www.whitehouse.gov/news/releases/2
enforcement communities to find those 001/09/20010915.html
responsible and to bring them to justice. We
will make no distinction between the
terrorists who committed these acts and Radio Address of the President to the
those who harbor them. Nation
I appreciate so very much the members !!!! THE PRESIDENT: Good morning.
of Congress who have joined me in strongly This weekend I am engaged in extensive
condemning these attacks. And on behalf of sessions with members of my National
the American people, I thank the many Security Council, as we plan a
world leaders who have called to offer their comprehensive assault on terrorism. This
condolences and assistance. will be a different kind of conflict against a
different kind of enemy.
America and our friends and allies join
with all those who want peace and security !!!! This is a conflict without battlefields
in the world, and we stand together to win or beachheads, a conflict with opponents
the war against terrorism. Tonight, I ask for who believe they are invisible.!!Yet, they are
your prayers for all those who grieve, for the mistaken.!!They will be exposed, and they
children whose worlds have been shattered, will discover what others in the past have
for all whose sense of safety and security learned:!!Those who make war against the
has been threatened. And I pray they will be United States have chosen their own
comforted by a power greater than any of us, destruction.!!Victory against terrorism will
spoken through the ages in Psalm 23: "Even not take place in a single battle, but in a
though I walk through the valley of the series of decisive actions against terrorist
shadow of death, I fear no evil, for You are organizations and those who harbor and
with me." support them.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
together to pray, to give blood, to fly our
!!!! We are planning a broad and country's flag.!!Americans are coming
sustained campaign to secure our country together to share their grief and gain
and eradicate the evil of terrorism.!!And we strength from one another.
are determined to see this conflict
through.!!Americans of every faith and !!!! Great tragedy has come to us, and we
background are committed to this goal. are meeting it with the best that is in our
country, with courage and concern for
!!!! Yesterday I visited the site of the others.!!Because this is America.!!This is
destruction in New York City and saw an who we are.!!This is what our enemies hate
amazing spirit of sacrifice and patriotism and have attacked.!!And this is why we will
and defiance.!!I met with rescuers who have prevail.
worked past exhaustion, who cheered for
our country and the great cause we have !!!! Thank you for listening.
entered.
END
!!!! In Washington, D.C., the political
parties and both Houses of Congress have
shown a remarkable unity, and I'm deeply 3.W.4 GW Bush. 17 September
grateful.!!A terrorist attack designed to tear 2001: Islam is peace.
us apart has instead bound us together as a
nation.!!Over the past few days, we have http://www.whitehouse.gov/news/releases/2
learned much about American courage -- the 001/09/20010917-11.html
courage of firefighters and police officers
who suffered so great a loss, the courage of For Immediate Release
passengers aboard United 93 who may well Office of the Press Secretary
have fought with the hijackers and saved September!17,!2001
many lives on the ground.
"Islam is Peace" Says President
!!!! Now we honor those who died, and Remarks by the President at Islamic Center
prepare to respond to these attacks on our of Washington, D.C.
nation.!!I will not settle for a token act.!!Our Washington, D.C.
response must be sweeping, sustained and
effective.!!We have much do to, and much to !!!! THE PRESIDENT:!!Thank you all
ask of the American people. very much for your hospitality.!!We've just
had a -- wide-ranging discussions on the
!!!! You will be asked for your patience; matter at hand.!!Like the good folks standing
for, the conflict will not be short.!!You will with me, the American people were appalled
be asked for resolve; for, the conflict will and outraged at last Tuesday's attacks.!!And
not be easy. You will be asked for your so were Muslims all across the world.!!Both
strength, because the course to victory may Americans and Muslim friends and citizens,
be long. tax-paying citizens, and Muslims in nations
were just appalled and could not believe
!!!! In the past week, we have seen the what we saw on our TV screens.
American people at their very best
everywhere in America.!!Citizens have come !!!! These acts of violence against
innocents violate the fundamental tenets of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the Islamic faith.!!And it's important for my That should not and that will not stand in
fellow Americans to understand that. America.
!!!! The English translation is not as !!!! Those who feel like they can
eloquent as the original Arabic, but let me intimidate our fellow citizens to take out
quote from the Koran, itself:!!In the long their anger don't represent the best of
run, evil in the extreme will be the end of America, they represent the worst of
those who do evil.!!For that they rejected the humankind, and they should be ashamed of
signs of Allah and held them up to ridicule. that kind of behavior.
!!!! The face of terror is not the true faith !!!! This is a great country.!!It's a great
of Islam.!!That's not what Islam is all country because we share the same values of
about.!!Islam is peace.!!These terrorists don't respect and dignity and human worth.!!And
represent peace.!!They represent evil and it is my honor to be meeting with leaders
war. who feel just the same way I do.!!They're
outraged, they're sad.!!They love America
!!!! When we think of Islam we think of a just as much as I do.
faith that brings comfort to a billion people
around the world.!!Billions of people find !!!! I want to thank you all for giving me a
comfort and solace and peace.!!And that's chance to come by.!!And may God bless us
made brothers and sisters out of every race - all.
- out of every race.
!!!!!!! END!!!!!!!!!!!!!!!!!! 3:19 P.M. EDT
!!!! America counts millions of Muslims
amongst our citizens, and Muslims make an
incredibly valuable contribution to our 3.W.5 GW Bush. 20 September 2001
country.!!Muslims are doctors, lawyers, law [Joint Session of Congress].
professors, members of the military,
entrepreneurs, shopkeepers, moms and http://www.whitehouse.gov/news/releases/2
dads.!!And they need to be treated with 001/09/20010920-8.html
respect.!!In our anger and emotion, our
fellow Americans must treat each other with
respect. For Immediate Release
Office of the Press Secretary
September 20, 2001
!!!! Women who cover their heads in this
country must feel comfortable going outside Address to a Joint Session of Congress
their homes.!!Moms who wear cover must and the American People
be not intimidated in America.!!That's not United States Capitol
the America I know.!!That's not the America Washington, D.C.
I value.
THE PRESIDENT:!!Mr. Speaker, Mr.
!!!! I've been told that some fear to leave; President Pro Tempore, members of
some don't want to go shopping for their Congress, and fellow Americans:!!
families; some don't want to go about their
ordinary daily routines because, by wearing In the normal course of events,
cover, they're afraid they'll be intimidated. Presidents come to this chamber to report on
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the state of the Union.!!Tonight, no such friendship, for your leadership and for your
report is needed.!!It has already been service to our country.!!(Applause.)!!
delivered by the American people.
And on behalf of the American people, I
We have seen it in the courage of thank the world for its outpouring of
passengers, who rushed terrorists to save support.!!America will never forget the
others on the ground -- passengers like an sounds of our National Anthem playing at
exceptional man named Todd Beamer.!!And Buckingham Palace, on the streets of Paris,
would you please help me to welcome his and at Berlin's Brandenburg Gate.!!
wife, Lisa Beamer, here
tonight.!!(Applause.) We will not forget South Korean children
gathering to pray outside our embassy in
We have seen the state of our Union in Seoul, or the prayers of sympathy offered at
the endurance of rescuers, working past a mosque in Cairo.!!We will not forget
exhaustion.!!We have seen the unfurling of moments of silence and days of mourning in
flags, the lighting of candles, the giving of Australia and Africa and Latin America.
blood, the saying of prayers -- in English,
Hebrew, and Arabic.!!We have seen the Nor will we forget the citizens of 80
decency of a loving and giving people who other nations who died with our
have made the grief of strangers their own. own:!!dozens of Pakistanis; more than 130
Israelis; more than 250 citizens of India;
My fellow citizens, for the last nine days, men and women from El Salvador, Iran,
the entire world has seen for itself the state Mexico and Japan; and hundreds of British
of our Union -- and it is strong.!!(Applause.) citizens.!!America has no truer friend than
Great Britain.!!(Applause.)!! Once again, we
Tonight we are a country awakened to are joined together in a great cause -- so
danger and called to defend freedom.!!Our honored the British Prime Minister has
grief has turned to anger, and anger to crossed an ocean to show his unity of
resolution.!!Whether we bring our enemies purpose with America.!!Thank you for
to justice, or bring justice to our enemies, coming, friend.!!(Applause.)
justice will be done.!!(Applause.)
On September the 11th, enemies of
I thank the Congress for its leadership at freedom committed an act of war against our
such an important time.!!All of America was country.!!Americans have known wars -- but
touched on the evening of the tragedy to see for the past 136 years, they have been wars
Republicans and Democrats joined together on foreign soil, except for one Sunday in
on the steps of this Capitol, singing "God 1941.!!Americans have known the casualties
Bless America."!!And you did more than of war -- but not at the center of a great city
sing; you acted, by delivering $40 billion to on a peaceful morning.!!Americans have
rebuild our communities and meet the needs known surprise attacks -- but never before
of our military. on thousands of civilians.!!All of this was
brought upon us in a single day -- and night
Speaker Hastert, Minority Leader fell on a different world, a world where
Gephardt, Majority Leader Daschle and freedom itself is under attack.
Senator Lott, I thank you for your
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Americans have many questions
tonight.!!Americans are asking:!!Who Afghanistan's people have been
attacked our country?!!The evidence we brutalized -- many are starving and many
have gathered all points to a collection of have fled.!!Women are not allowed to attend
loosely affiliated terrorist organizations school.!!You can be jailed for owning a
known as al Qaeda.!!They are the same television.!!Religion can be practiced only as
murderers indicted for bombing American their leaders dictate.!!A man can be jailed in
embassies in Tanzania and Kenya, and Afghanistan if his beard is not long
responsible for bombing the USS Cole. enough.!!
Al Qaeda is to terror what the mafia is to The United States respects the people of
crime.!!But its goal is not making money; its Afghanistan -- after all, we are currently its
goal is remaking the world -- and imposing largest source of humanitarian aid -- but we
its radical beliefs on people everywhere. condemn the Taliban
regime.!!(Applause.)!!It is not only
The terrorists practice a fringe form of repressing its own people, it is threatening
Islamic extremism that has been rejected by people everywhere by sponsoring and
Muslim scholars and the vast majority of sheltering and supplying terrorists.!!By
Muslim clerics -- a fringe movement that aiding and abetting murder, the Taliban
perverts the peaceful teachings of regime is committing murder.!!
Islam.!!The terrorists' directive commands
them to kill Christians and Jews, to kill all And tonight, the United States of
Americans, and make no distinction among America makes the following demands on
military and civilians, including women and the Taliban:!!Deliver to United States
children. authorities all the leaders of al Qaeda who
hide in your land. (Applause.)!!Release all
This group and its leader -- a person foreign nationals, including American
named Osama bin Laden -- are linked to citizens, you have unjustly
many other organizations in different imprisoned.!!Protect foreign journalists,
countries, including the Egyptian Islamic diplomats and aid workers in your
Jihad and the Islamic Movement of country.!!Close immediately and
Uzbekistan.!!There are thousands of these permanently every terrorist training camp in
terrorists in more than 60 countries.!!They Afghanistan, and hand over every terrorist,
are recruited from their own nations and and every person in their support structure,
neighborhoods and brought to camps in to appropriate authorities.!!(Applause.)!!Give
places like Afghanistan, where they are the United States full access to terrorist
trained in the tactics of terror.!!They are sent training camps, so we can make sure they
back to their homes or sent to hide in are no longer operating.!!
countries around the world to plot evil and
destruction. These demands are not open to
negotiation or discussion. !(Applause.) !The
The leadership of al Qaeda has great Taliban must act, and act
influence in Afghanistan and supports the immediately.!!They will hand over the
Taliban regime in controlling most of that terrorists, or they will share in their fate.!!
country.!!In Afghanistan, we see al Qaeda's
vision for the world.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I also want to speak tonight directly to We are not deceived by their pretenses to
Muslims throughout the world.!!We respect piety.!!We have seen their kind
your faith.!!It's practiced freely by many before.!!They are the heirs of all the
millions of Americans, and by millions more murderous ideologies of the 20th
in countries that America counts as century.!!By sacrificing human life to serve
friends.!!Its teachings are good and peaceful, their radical visions -- by abandoning every
and those who commit evil in the name of value except the will to power -- they follow
Allah blaspheme the name of in the path of fascism, and Nazism, and
Allah.!!(Applause.)!!The terrorists are totalitarianism.!!And they will follow that
traitors to their own faith, trying, in effect, to path all the way, to where it ends:!!in
hijack Islam itself.!!The enemy of America history's unmarked grave of discarded lies.
is not our many Muslim friends; it is not our (Applause.)!!
many Arab friends.!!Our enemy is a radical
network of terrorists, and every government Americans are asking:!!How will we
that supports them.!!(Applause.) fight and win this war?!! We will direct
every resource at our command -- every
Our war on terror begins with al Qaeda, means of diplomacy, every tool of
but it does not end there.!!It will not end intelligence, every instrument of law
until every terrorist group of global reach enforcement, every financial influence, and
has been found, stopped and every necessary weapon of war -- to the
defeated.!!(Applause.) disruption and to the defeat of the global
terror network.
Americans are asking, why do they hate
us?!!They hate what we see right here in this This war will not be like the war against
chamber -- a democratically elected Iraq a decade ago, with a decisive liberation
government.!!Their leaders are self- of territory and a swift conclusion.!!It will
appointed.!!They hate our freedoms -- our not look like the air war above Kosovo two
freedom of religion, our freedom of speech, years ago, where no ground troops were
our freedom to vote and assemble and used and not a single American was lost in
disagree with each other. combat.
They want to overthrow existing Our response involves far more than
governments in many Muslim countries, instant retaliation and isolated
such as Egypt, Saudi Arabia, and strikes.!!Americans should not expect one
Jordan.!!They want to drive Israel out of the battle, but a lengthy campaign, unlike any
Middle East.!!They want to drive Christians other we have ever seen.!!It may include
and Jews out of vast regions of Asia and dramatic strikes, visible on TV, and covert
Africa. operations, secret even in success.!!We will
starve terrorists of funding, turn them one
These terrorists kill not merely to end against another, drive them from place to
lives, but to disrupt and end a way of place, until there is no refuge or no
life.!!With every atrocity, they hope that rest.!!And we will pursue nations that
America grows fearful, retreating from the provide aid or safe haven to
world and forsaking our friends.!!They stand terrorism.!!Every nation, in every region,
against us, because we stand in their way. now has a decision to make. Either you are
with us, or you are with the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
terrorists.!!(Applause.)!!From this day This is not, however, just America's
forward, any nation that continues to harbor fight.!!And what is at stake is not just
or support terrorism will be regarded by the America's freedom.!!This is the world's
United States as a hostile regime. fight.!!This is civilization's fight.!!This is the
fight of all who believe in progress and
Our nation has been put on notice:!!We pluralism, tolerance and freedom.
are not immune from attack.!!We will take
defensive measures against terrorism to We ask every nation to join us.!!We will
protect Americans.!!Today, dozens of ask, and we will need, the help of police
federal departments and agencies, as well as forces, intelligence services, and banking
state and local governments, have systems around the world.!!The United
responsibilities affecting homeland States is grateful that many nations and
security.!!These efforts must be coordinated many international organizations have
at the highest level.!!So tonight I announce already responded -- with sympathy and
the creation of a Cabinet-level position with support.!!Nations from Latin America,
reporting directly to me -- the Office of to Asia, to Africa, to Europe, to the Islamic
Homeland Security.!! world.!!Perhaps the NATO Charter reflects
best the attitude of the world:!!An attack on
And tonight I also announce a one is an attack on all.
distinguished American to lead this effort, to
strengthen American security: a military The civilized world is rallying to
veteran, an effective governor, a true patriot, America's side.!!They understand that if this
a trusted friend -- Pennsylvania's Tom terror goes unpunished, their own cities,
Ridge.!!(Applause.)!!He will lead, oversee their own citizens may be next.!!Terror,
and coordinate a comprehensive national unanswered, can not only bring down
strategy to safeguard our country against buildings, it can threaten the stability of
terrorism, and respond to any attacks that legitimate governments.!!And you know
may come.!! what -- we're not going to allow
it.!!(Applause.)
These measures are essential.!!But the
only way to defeat terrorism as a threat to Americans are asking:!!What is expected
our way of life is to stop it, eliminate it, and of us?!!I ask you to live your lives, and hug
destroy it where it grows.!!(Applause.) your children.!!I know many citizens have
fears tonight, and I ask you to be calm and
Many will be involved in this effort, resolute, even in the face of a continuing
from FBI agents to intelligence operatives to threat.
the reservists we have called to active
duty.!!All deserve our thanks, and all have I ask you to uphold the values of
our prayers.!!And tonight, a few miles from America, and remember why so many have
the damaged Pentagon, I have a message for come here.!!We are in a fight for our
our military:!!Be ready.!!I've called the principles, and our first responsibility is to
Armed Forces to alert, and there is a live by them.!!No one should be singled out
reason.!!The hour is coming when America for unfair treatment or unkind words
will act, and you will make us because of their ethnic background or
proud.!!(Applause.) religious faith.!!(Applause.)
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I ask you to continue to support the hijacking.!!We will come together to
victims of this tragedy with your promote stability and keep our airlines
contributions.!!Those who want to give can flying, with direct assistance during this
go to a central source of information, emergency.!!(Applause.)
libertyunites.org, to find the names of
groups providing direct help in New York, We will come together to give law
Pennsylvania, and Virginia. enforcement the additional tools it needs to
track down terror here at
The thousands of FBI agents who are home.!!(Applause.)!!We will come together
now at work in this investigation may need to strengthen our intelligence capabilities to
your cooperation, and I ask you to give it. know the plans of terrorists before they act,
and find them before they
I ask for your patience, with the delays strike.!!(Applause.)
and inconveniences that may accompany
tighter security; and for your patience in We will come together to take active
what will be a long struggle. steps that strengthen America's economy,
and put our people back to work.
I ask your continued participation and
confidence in the American Tonight we welcome two leaders who
economy.!!Terrorists attacked a symbol of embody the extraordinary spirit of all New
American prosperity.!!They did not touch its Yorkers:!!Governor George Pataki, and
source.!!America is successful because of Mayor Rudolph Giuliani.!!(Applause.)!!As a
the hard work, and creativity, and enterprise symbol of America's resolve, my
of our people.!!These were the true strengths administration will work with Congress, and
of our economy before September 11th, and these two leaders, to show the world that we
they are our strengths today. (Applause.) will rebuild New York City.!!(Applause.) !!
And, finally, please continue praying for After all that has just passed -- all the
the victims of terror and their families, for lives taken, and all the possibilities and
those in uniform, and for our great hopes that died with them -- it is natural to
country.!!Prayer has comforted us in sorrow, wonder if America's future is one of
and will help strengthen us for the journey fear.!!Some speak of an age of terror.!!I
ahead. know there are struggles ahead, and dangers
to face.!!But this country will define our
Tonight I thank my fellow Americans for times, not be defined by them.!!As long as
what you have already done and for what the United States of America is determined
you will do.!!And ladies and gentlemen of and strong, this will not be an age of terror;
the Congress, I thank you, their this will be an age of liberty, here and across
representatives, for what you have already the world.!!(Applause.)
done and for what we will do together.
Great harm has been done to us.!!We
Tonight, we face new and sudden have suffered great loss.!!And in our grief
national challenges.!!We will come together and anger we have found our mission and
to improve air safety, to dramatically expand our moment.!!Freedom and fear are at
the number of air marshals on domestic war.!!The advance of human freedom -- the
flights, and take new measures to prevent great achievement of our time, and the great
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
hope of every time -- now depends on come.!!In all that lies before us, may God
us.!!Our nation -- this generation -- will lift a grant us wisdom, and may He watch over
dark threat of violence from our people and the United States of America.
our future.!!We will rally the world to this
cause by our efforts, by our courage.!!We Thank you.!!(Applause.)
will not tire, we will not falter, and we will
not fail.!!(Applause.) !!!!!!!!!!!!!!!!!!!!!!!!!!!!END!!!!!!!!!!9:41 P.M.
EDT
It is my hope that in the months and
years ahead, life will return almost to
normal.!!We'll go back to our lives and 3.W.6 GW Bush. 29 Sep 2001.
routines, and that is good.!!Even grief
recedes with time and grace.!!But our http://www.whitehouse.gov/news/releases/2
resolve must not pass.!!Each of us will 001/09/20010929.html
remember what happened that day, and to
whom it happened.!!We'll remember the
moment the news came -- where we were Radio Address of the President to the
and what we were doing.!!Some will Nation
remember an image of a fire, or a story of
rescue.!!Some will carry memories of a face !!!! THE PRESIDENT: Good morning. I
and a voice gone forever. want to report to you on the progress being
made on many fronts in our war against
And I will carry this:!!It is the police terrorism. This is a different kind of war,
shield of a man named George Howard, who which we will wage aggressively and
died at the World Trade Center trying to methodically to disrupt and destroy terrorist
save others.!!It was given to me by his mom, activity.
Arlene, as a proud memorial to her
son.!!This is my reminder of lives that !!!! In recent days, many members of our
ended, and a task that does not military have left their homes and families
end.!!(Applause.) and begun moving into a place for missions
to come.!!Thousands of Reservists have been
I will not forget this wound to our called to active duty.!! Soldiers, sailors,
country or those who inflicted it.!!I will not airmen, Marines and Coast Guardmen are
yield; I will not rest; I will not relent in being deployed to points around the globe,
waging this struggle for freedom and ready to answer when their country
security for the American people. calls.!!Our military families have accepted
many hardships, and our nation is grateful
The course of this conflict is not known, for their willing service.
yet its outcome is certain.!!Freedom and
fear, justice and cruelty, have always been at !!!! The men and women of the Armed
war, and we know that God is not neutral Forces are united in their dedication to
between them.!!(Applause.) freedom and they will make us proud in the
struggle against terrorism.
Fellow citizens, we'll meet violence with
patient justice -- assured of the rightness of !!!! International cooperation is gaining
our cause, and confident of the victories to momentum.!!This week, I met with the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Prime Ministers of two of America's closest and better technology for our country's
friends:!!Canada and Japan. Other countries, intelligence community.
from Russia to Indonesia, are giving strong
support as the war against terrorism moves !!!! This week, we also took strong steps
forward.!!America is grateful to the nations to improve security on planes and in
that have cut off diplomatic ties with the airports, and to restore confidence in air
Taliban regime in Afghanistan, which is travel.!!We're providing airlines with federal
sheltering terrorists. grants to make cockpits more secure through
measures including fortified doors and
!!!! The United States respects the people stronger locks.!!And we're dramatically
of Afghanistan and we are their largest increasing the number of federal air
provider of humanitarian aid.!!But we marshals on our planes.
condemn the Taliban, and welcome the
support of other nations in isolating that !!!! Americans will have the confidence
regime. of knowing that fully equipped officers of
the law are flying with them in far greater
!!!! We have also launched a strike numbers.!!I'm also working with Congress to
against the financial foundation of the global put federal law enforcement in charge of all
terror network.!!Our goal is to deny terrorists bag and passenger screening at our
the money they need to carry our their airports.!!Standards will be tougher and
plans.!!We began by identifying 27 terrorist enforced by highly trained professionals
organizations, terrorist leaders and foreign who know exactly what they're looking
businesses and charities that support or front for.!!To enhance safety immediately, I've
for terrorism. asked governors to place National
Guardsmen at security checkpoints in
!!!! We froze whatever assets they had airports.
here in the United States, and we blocked
them from doing business with people, !!!! As all these actions make clear, our
companies or banks in our country.!!Many war on terror will be much broader than the
governments and financial institutions battlefields and beachheads of the past.!!This
around the world are joining in this effort to war will be fought wherever terrorists hide,
starve terrorists of funding. or run, or plan.!!Some victories will be won
outside of public view, in tragedies avoided
!!!! This week I visited the headquarters and threats eliminated. Other victories will
at the FBI and the CIA.!!Their agents and be clear to all.
analysts have been on the case around the
clock, uncovering and pursuing the !!!! Our weapons are military and
enemy.!!In the long campaign ahead, they diplomatic, financial and legal.!!And in this
will need our continued support, and every struggle, our greatest advantages are the
necessary tool to do their work. patience and resolve of the American
people.
!!!! I'm asking Congress for new law
enforcement authority, to better track the !!!! We did not seek this conflict, but we
communications of terrorists, and to detain will win it.!!America will act deliberately
suspected terrorists until the moment they and decisively, and the cause of freedom
are deported.!!I will also seek more funding will prevail.!!Thank you for listening.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Pennsylvania and regards such acts, like any
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! END act of international terrorism, as a threat to
international peace and security;
2. Expresses its deepest sympathy and

3.F.7 UNSC Res 1368 [2001.09.12]. condolences to the victims and their families
and to the people and Government of the
[URL superceded: United States of America;
http://www.un.org/Docs/scres/2001/res1368
e.pdf] 3. Calls on all States to work together
urgently to bring to justice the perpetrators,
http://daccess- organizers and sponsors of these terrorist
ods.un.org/access.nsf/Get?OpenAgent&DS= attacks and stresses that those responsible
S/RES/1368%20(2001)&Lang=E&Area=U for aiding, supporting or harbouring the
NDOC perpetrators, organizers and sponsors of
these acts will be held accountable;
United Nations S/RES/1368 (2001)
4. Calls also on the international
Security Council community to redouble their efforts to
Distr.: General prevent and suppress terrorist acts including
12 September 2001 by increased cooperation and full
01-53382 (E) implementation of the relevant international
*0153382* anti-terrorist conventions and Security
Resolution 1368 (2001) Council resolutions, in particular resolution
1269 (1999) of 19 October 1999;
Adopted by the Security Council at its
4370th meeting, on 12 September 2001 5. Expresses its readiness to take all
necessary steps to respond to the terrorist
attacks of 11 September 2001, and to
The Security Council, combat all forms of terrorism, in accordance
with its responsibilities under the Charter of
Reaffirming the principles and purposes the United Nations;
of the Charter of the United Nations,
6. Decides to remain seized of the matter.
Determined to combat by all means
threats to international peace and security 3.F.8 UNSC Res 1373 [2001.09.28].
caused by terrorist acts,
[URL superceded:
Recognizing the inherent right of http://www.un.org/Docs/scres/2001/res1373
individual or collective self-defence in e.pdf ]
accordance with the Charter,
http://daccess-
1. Unequivocally condemns in the ods.un.org/access.nsf/Get?OpenAgent&DS=
strongest terms the horrifying terrorist S/RES/1373%20(2001)&Lang=E&Area=U
attacks which took place on 11 September NDOC
2001 in New York, Washington, D.C. and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
acts, including through increased
cooperation and full implementation of the
relevant international conventions relating to
United Nations S/RES/1373 (2001) terrorism,
Security Council Recognizing the need for States to
Distr.: General
complement international cooperation by
28 September 2001
taking additional measures to prevent and
Resolution 1373 (2001) suppress, in their territories through all
Adopted by the Security Council at its lawful means, the financing and preparation
4385th meeting, on 28 September 2001 of any acts of terrorism,
The Security Council, Reaffirming the principle established by
the General Assembly in its declaration of
Reaffirming its resolutions 1269 (1999) October 1970 (resolution 2625 (XXV)) and
of 19 October 1999 and 1368 (2001) of 12 reiterated by the Security Council in its
September 2001, resolution 1189 (1998) of 13 August 1998,
namely that every State has the duty to
Reaffirming also its unequivocal refrain from organizing, instigating,
condemnation of the terrorist attacks which assisting or participating in terrorist acts in
took place in New York, Washington, D.C. another State or acquiescing in organized
and Pennsylvania on 11 September 2001, activities within its territory directed
and expressing its determination to prevent towards the commission of such acts,
all such acts,
Acting under Chapter VII of the Charter
Reaffirming further that such acts, like of the United Nations,
any act of international terrorism, constitute
a threat to international peace and security, 1. Decides that all States shall:
Reaffirming the inherent right of (a) Prevent and suppress the financing of
individual or collective self-defence as terrorist acts;
recognized by the Charter of the United
Nations as reiterated in resolution 1368 (b) Criminalize the wilful provision or
(2001), collection, by any means, directly or
indirectly, of funds by their nationals or in
Reaffirming the need to combat by all their territories with the intention that the
means, in accordance with the Charter of the funds should be used, or in the knowledge
United Nations, threats to international that they are to be used, in order to carry out
peace and security caused by terrorist acts, terrorist acts;
Deeply concerned by the increase, in (c) Freeze without delay funds and other
various regions of the world, of acts of financial assets or economic resources of
terrorism motivated by intolerance or persons who commit, or attempt to commit,
extremism, terrorist acts or participate in or facilitate the
commission of terrorist acts; of entities
Calling on States to work together owned or controlled directly or indirectly by
urgently to prevent and suppress terrorist
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
such persons; and of persons and entities or in supporting terrorist acts is brought to
acting on behalf of, or at the direction of justice and ensure that, in addition to any
such persons and entities, including funds other measures against them, such terrorist
derived or generated from property owned acts are established as serious criminal
or controlled directly or indirectly by such offences in domestic laws and regulations
persons and associated persons and entities; and that the punishment duly reflects the
seriousness of such terrorist acts;
(d) Prohibit their nationals or any persons
and entities within their territories from (f) Afford one another the greatest
making any funds, financial assets or measure of assistance in connection with
economic resources or financial or other criminal investigations or criminal
related services available, directly or proceedings relating to the financing or
indirectly, for the benefit of persons who support of terrorist acts, including assistance
commit or attempt to commit or facilitate or in obtaining evidence in their possession
participate in the commission of terrorist necessary for the proceedings;
acts, of entities owned or controlled, directly
or indirectly, by such persons and of persons (g) Prevent the movement of terrorists or
and entities acting on behalf of or at the terrorist groups by effective border controls
direction of such persons; and controls on issuance of identity papers
and travel documents, and through measures
2. Decides also that all States shall: for preventing counterfeiting, forgery or
fraudulent use of identity papers and travel
(a) Refrain from providing any form of documents;
support, active or passive, to entities or
persons involved in terrorist acts, including 3. Calls upon all States to: (a) Find ways
by suppressing recruitment of members of of intensifying and accelerating the
terrorist groups and eliminating the supply exchange of operational information,
of weapons to terrorists; especially regarding actions or movements
of terrorist persons or networks; forged or
(b) Take the necessary steps to prevent falsified travel documents; traffic in arms,
the commission of terrorist acts, including explosives or sensitive materials; use of
by provision of early warning to other States communications technologies by terrorist
by exchange of information; groups; and the threat posed by the
possession of weapons of mass destruction
(c) Deny safe haven to those who by terrorist groups;
finance, plan, support, or commit terrorist
acts, or provide safe havens; (b) Exchange information in accordance
with international and domestic law and
(d) Prevent those who finance, plan, cooperate on administrative and judicial
facilitate or commit terrorist acts from using matters to prevent the commission of
their respective territories for those purposes terrorist acts;
against other States or their citizens;
(c) Cooperate, particularly through
(e) Ensure that any person who bilateral and multilateral arrangements and
participates in the financing, planning, agreements, to prevent and suppress terrorist
preparation or perpetration of terrorist acts
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
attacks and take action against perpetrators
of such acts; 5. Declares that acts, methods, and
practices of terrorism are contrary to the
(d) Become parties as soon as possible to purposes and principles of the United
the relevant international conventions and Nations and that knowingly financing,
protocols relating to terrorism, including the planning and inciting terrorist acts are also
International Convention for the contrary to the purposes and principles of
Suppression of the Financing of Terrorism the United Nations;
of 9 December 1999;
6. Decides to establish, in accordance
(e) Increase cooperation and fully with rule 28 of its provisional rules of
implement the relevant international procedure, a Committee of the Security
conventions and protocols relating to Council, consisting of all the members of the
terrorism and Security Council resolutions Council, to monitor implementation of this
1269 (1999) and 1368 (2001); resolution, with the assistance of appropriate
expertise, and calls upon all States to report
(f) Take appropriate measures in to the Committee, no later than 90 days from
conformity with the relevant provisions of the date of adoption of this resolution and
national and international law, including thereafter according to a timetable to be
international standards of human rights, proposed by the Committee, on the steps
before granting refugee status, for the they have taken to implement this
purpose of ensuring that the asylum-seeker resolution;
has not planned, facilitated or participated in
the commission of terrorist acts; 7. Directs the Committee to delineate its
tasks, submit a work programme within 30
(g) Ensure, in conformity with days of the adoption of this resolution, and
international law, that refugee status is not to consider the support it requires, in
abused by the perpetrators, organizers or consultation with the Secretary-General;
facilitators of terrorist acts, and that claims
of political motivation are not recognized as 8. Expresses its determination to take all
grounds for refusing requests for the necessary steps in order to ensure the full
extradition of alleged terrorists; implementation of this resolution, in
accordance with its responsibilities under
4. Notes with concern the close the Charter;
connection between international terrorism
and transnational organized crime, illicit 9. Decides to remain seized of this
drugs, money-laundering, illegal matter.
armstrafficking, and illegal movement of
nuclear, chemical, biological and other
potentially deadly materials, and in this 3.F.9 UNSC Res 1377 [2001.11.12].
regard emphasizes the need to enhance
coordination of efforts on national,
subregional, regional and international [URL superceded:
levels in order to strengthen a global http://www.un.org/Docs/scres/2001/res1377
response to this serious challenge and threat e.pdf
to international security;
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
http://daccess- Stresses that acts of international

ods.un.org/access.nsf/Get?OpenAgent&DS= terrorism are contrary to the purposes and
S/RES/1377%20(2001)&Lang=E&Area=U principles of the Charter of the United
NDOC Nations, and that the financing, planning and
preparation of as well as any other form of
support for acts of international terrorism are
similarly contrary to the purposes and
United Nations S/RES/1373 (2001) principles of the Charter of the United
Nations,
Security Council Distr.:
General Underlines that acts of terrorism
28 September 2001 endanger innocent lives and the dignity and
Resolution 1373 (2001) security of human beings everywhere,
Adopted by the Security Council at its threaten the social and economic
4385th meeting, on development of all States and undermine
28 September 2001 global stability and prosperity,
The Security Council, Affirms that a sustained, comprehensive

approach involving the active participation
Decides to adopt the attached declaration and collaboration of all Member States of
on the global effort to combat terrorism. 2 the United Nations, and in accordance with
the Charter of the United Nations and
Annex international law, is essential to combat the
scourge of international terrorism,
The Security Council, Meeting at the
Ministerial level, Recalling its resolutions Stresses that continuing international
1269 (1999) of 19 October 1999, 1368 efforts to broaden the understanding among
(2001) of 12 September 2001 and 1373 civilizations and to address regional
(2001) of 28 September 2001, conflicts and the full range of global issues,
including development issues, will
Declares that acts of international contribute to international cooperation and
terrorism constitute one of the most serious collaboration, which themselves are
threats to international peace and security in necessary to sustain the broadest possible
the twenty-first century, fight against international terrorism,
Further declares that acts of international Welcomes the commitment expressed by

terrorism constitute a challenge to all States States to fight the scourge of international
and to all of humanity, terrorism, including during the General
Assembly plenary debate from 1 to 5
Reaffirms its unequivocal condemnation October 2001, calls on all States to become
of all acts, methods and practices of parties as soon as possible to the relevant
terrorism as criminal and unjustifiable, international conventions and protocols
regardless of their motivation, in all their relating to terrorism, and encourages
forms and manifestations, wherever and by Member States to take forward work in this
whomever committed, area,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Calls on all States to take urgent steps to
implement fully resolution 1373 (2001), and
to assist each other in doing so, and
underlines the obligation on States to deny 3.F.10 British Prime Minister Tony
financial and all other forms of support and Blair [2001.10.04] in House of
safe haven to terrorists and those supporting Commons, and Tory response
terrorism, [Column 671] by
Conservative Party leader Iain
Expresses its determination to proceed Duncan Smith:
with the implementation of that resolution in
full cooperation with the whole membership [URL superceded:
of the United Nations, and welcomes the http://www.parliament.the-stationery-
progress made so far by the Counter- office.co.uk/cgi-
Terrorism Committee established by bin/htm_hl?DB=ukparl&STEMMER=en&
paragraph 6 of resolution 1373 (2001) to WORDS=qaeda+&COLOUR=Red&STYL
monitor implementation of that resolution, E=&URL=/pa/cm200102/cmhansrd/vo0110
04/debtext/11004-01.htm#11004-01_spmin0
Recognizes that many States will require ]
assistance in implementing all the
requirements of resolution 1373 (2001), and http://www.parliament.the-stationery-
invites States to inform the Counter- office.co.uk/pa/cm200102/cmhansrd/vo0110
Terrorism Committee of areas in which they 04/debindx/11004-x.htm
require such support,
In that context, invites the Counter- House of Commons, 4 October 2001.

Terrorism Committee to explore ways in Paragraphs not as shown.
which States can be assisted, and in
particular to explore with international, 9.35 am The Prime Minister (Mr. Tony
regional and subregional organizations: Blair):
• the promotion of best-practice in the I am grateful to you, Mr. Speaker, for

areas covered by resolution 1373 (2001), recalling Parliament on a second occasion so
including the preparation of model laws as that the House can consider developments
appropriate, since we last met. Then the scale of the 11
September tragedy was still unclear. Even
• the availability of existing technical, today we do not yet know the precise
financial, regulatory, legislative or other numbers of those feared dead, but a bleak
assistance programmes which might picture has emerged: there are up to 7,000
facilitate the implementation of resolution victims, including many British victims and
1373 (2001), others from 70 different countries. Many
were Muslims. It cannot be said too often:
• the promotion of possible synergies this atrocity appalled decent Muslims
between these assistance programmes, Calls everywhere and is wholly contrary to the
on all States to intensify their efforts to proper teaching of Islam; and we condemn
eliminate the scourge of international unreservedly also racist attacks on British
terrorism. Muslims here, most recently at an
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Edinburgh mosque. These acts are without highly sensitive. It is not possible without
any justification whatever and the full force compromising people or security to release
of the law will be used against those who do precise details and fresh information that is
them. I pay tribute again to all those in daily coming in, but I hope that the House
America who have been involved in dealing will find it useful at least as an interim
with the human consequences of the assessment. The Leader of the Opposition
attacks—the rescue services and medical and the leader of the Liberal Democrats
workers who worked tirelessly and with have seen the full basis for the document on
devotion in the most harrowing conditions Privy Council terms. For myself and all
imaginable. I pay tribute also to our own other Ministers who have studied the full
consular staff in New York and London and information, we have absolutely no doubt
to the family counsellors and Metropolitan that bin Laden and his network were
police officers who have supported relatives responsible for the attacks on 11 September.
of the British victims; and above all, I pay That was also the unanimous view of the
tribute to the relatives themselves. Those I NATO members who were taken through
met in the full facts on 2 October. Much more of
the evidence in respect of earlier atrocities
4 Oct 2001 : Column 672 can be released in greater detail since it is
already subject to court proceedings, and
New York, still uncertain finally of the this in itself is powerful. Indeed, there is
fate of their loved ones, bore their grief with nothing hidden about bin Laden's agenda.
immense dignity, which deserves the He openly espouses the language of terror;
admiration of us all. Since 11 September, has described terrorising Americans as "a
intensive efforts have taken place here and religious and logical obligation"; and in
elsewhere to investigate these attacks and to February 1998 signed a fatwa stating that
determine who is responsible. Our findings "the killing of Americans and their civilian
have been shared and co-ordinated with and military allies is a religious duty." As
those of our allies and they are clear. They our document shows, he has been
are: first, that it was Osama bin Laden and responsible for a number of terrorist
the al-Qaeda, the terrorist network which he outrages over the past decade: the attack in
heads, that planned and carried out the 1993 on US military personnel serving in
atrocities on 11 September; secondly, that Somalia, 18 of whom were killed; in 1998,
Osama bin Laden and the al-Qaeda were the bombing of the US embassies in Kenya
able to commit these atrocities because of and Tanzania, in which 224 people were
their close alliance with the Taliban regime killed and more than 4,500 injured;
in Afghanistan, which allows them to attempted bombings in Jordan and Los
operate with impunity in pursuing their Angeles at the turn of the millennium,
terrorist activity. I will later today put in the thankfully thwarted; and the attack on the
Library a document detailing the basis for USS Cole nearly a year ago which left 17
our conclusions. The document covers the crew members killed and 40 injured. The
history of Osama bin Laden, his relations attacks on 11 September bear all the
with the Taliban, what we know of the acts hallmarks of a bin Laden operation:
of terror that he has committed and some of meticulous long-term planning; a desire to
what we know in respect of 11 September. I inflict mass casualties; a total disregard for
enter a major caveat, however: much of the civilian lives, including those of Muslims;
evidence that we have is intelligence and multiple simultaneous attacks; and the use of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
suicide attackers. I can now confirm that of provide security for the stockpiles of drugs.
the 19 hijackers identified from the In the face of this evidence, our immediate
passenger lists of the four planes hijacked in objectives are clear. We must bring bin
America on 11 September, at least three Laden and other al-Qaeda leaders to justice
have already been positively identified as and eliminate the terrorist threat that they
known associates of bin Laden, with a track pose, and we must ensure that Afghanistan
record in his camps and organisation. The ceases to harbour and sustain international
terrorism. If the Taliban regime will not
4 Oct 2001 : Column 673 comply with that objective, we must bring
about change in that regime to ensure that
others are being investigated still. Of the Afghanistan's links to international terrorism
three, one has also been identified as playing are broken. Since the House last met, we
key roles in both the east African embassy have been working tirelessly and ceaselessly
attacks and the USS Cole attack. Since the on the diplomatic, humanitarian and military
attacks, we have obtained the following fronts. I can confirm that we have had initial
intelligence: shortly before 11 September, discussions with the United States about a
bin Laden told associates that he had a major range of military capabilities with which
operation against America under Britain can help and have already responded
preparation; a range of people were warned positively. We will consider carefully any
to return to Afghanistan because of action further requests and keep the House
on or around 11 September; and most informed, as appropriate, about such
important, one of bin Laden's closest requests. For obvious reasons I cannot
lieutenants has said clearly that he helped disclose the exact nature of our discussions,
with the planning of the 11 September but I am fully satisfied that they are
attacks, and has admitted the involvement of consistent with our shared objectives. I
the al-Qaeda organisation. There is other believe that the humanitarian coalition to
intelligence which we cannot disclose of an help the people of Afghanistan is as vital as
even more direct nature indicating guilt. The the military action itself. Afghanistan was,
closeness of bin Laden's relationship with of course, in the grip of a humanitarian crisis
the Taliban is also plain. He provides them even before the events of 11 September.
with troops, arms and money to fight the Four years of drought, on top of more than
Northern Alliance. He is closely involved two decades of conflict, have forced
with their military training, planning and millions of people to leave the country, and
operations. He has representatives in their have left millions more dependent on
military command structure. Forces under international humanitarian aid. Last week
the control of bin Laden have fought the United Nations launched an appeal for
alongside the Taliban in the civil war in $584 million to meet the needs of vulnerable
Afghanistan. For their part, the Taliban people in and around Afghanistan. The
regime have provided bin Laden with a safe appeal covers the next six months. The
haven within which to operate, and allowed international community has already
him to establish terrorist training camps. pledged sufficient funds to meet the most
They jointly exploit the Afghan drugs trade. immediate needs. The British Government
In return for active al-Qaeda support, the have contributed £25 million, nearly
Taliban allow al-Qaeda to operate freely,
including planning, training and preparing 4 Oct 2001 : Column 674
for terrorist activity. In addition, they
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
all of which has already been allocated to to ensure a better, more peaceful future, free
UN and other agencies. We have also made from the repression and dictatorship that are
available a further £11 million for support their present existence. On the diplomatic
for the poorest communities in Pakistan, front, over the past three weeks the Foreign
especially those most directly affected by Secretary and I and other Ministers have
the influx of refugees. I know that President been in intensive contact with foreign
Bush will shortly announce details of a leaders from every part of the world. In
major US programme of aid. I, along with addition, the Foreign Secretary has visited
other Ministers, have been in detailed the middle east and Iran. I have visited
consultation with the United Nations Berlin, Paris and Washington for
Secretary-General, Kofi Annan, the United consultations with Chancellor Schroder,
Nations High Commissioner for Refugees, President Chirac and President Bush,
Ruud Lubbers, and other leaders. Kofi respectively. Later today I will travel to
Annan has now appointed Lakhdar Brahimi Moscow to meet President Putin. What we
to be his high-level co-ordinator for the have encountered is an unprecedented level
humanitarian effort in and around of solidarity and commitment to work
Afghanistan. We will give Mr. Brahimi all together against terrorism. This is a
the support that we can, to help ensure that commitment that spans all continents,
the UN and the whole international cultures and religions, reinforced by attacks
community come together to meet the like the one on the Jammu and Kashmir
humanitarian challenge. I can tell the House Assembly in Srinagar which killed more
that action is already in hand to cope with than 30 innocent people. We have already
additional outflows of refugees. UNHCR is made good progress in taking forward an
working with the Governments of the region international agenda. Last week the United
to identify sites for additional refugee Nations Security Council unanimously
camps. The first UNHCR flight of relief adopted resolution 1373. That makes it
supplies, including tents donated by the mandatory for all states to prevent and
British Government, arrived in Iran suppress terrorist financing and requires the
yesterday. A second flight will depart at the denial of safe haven to those who finance,
end of this week, carrying more tents, plastic plan, support or commit terrorist acts. The
sheeting, tarpaulins and other materials, so European Union, too, has taken firm action.
that we can provide essential shelter for Transport, Interior, Finance and Foreign
refugees. We are also stepping up the effort Ministers have all met to concert an
to get food into Afghanistan before the ambitious and effective European response:
winter snows begin. A UNICEF convoy enhancing police co-operation; speeding up
carrying blankets and other supplies left extradition; putting an end to the funding of
Peshawar for Kabul on Tuesday. A World terrorism; and strengthening air security.
Food Programme convoy carrying more
than 200 tonnes of wheat arrived in Kabul 4 Oct 2001 : Column 675
on Monday. Further convoys have left for
Afghanistan from Pakistan and We are also looking at our national
Turkmenistan. We will do whatever we can legislation. In the next few weeks, the Home
to minimise the suffering of the Afghan Secretary intends to introduce a package of
people as a result of the conflict, and we legislation to supplement existing legal
commit ourselves to work with them powers in a number of areas. It will be a
afterwards, inside and outside Afghanistan, carefully appraised set of measures—tough,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
but balanced and proportionate to the risk will act because we need to for the
that we face. It will cover the funding of protection of our people and our way of life,
terrorism. It will increase our ability to including confidence in our economy. The
exclude and remove those whom we suspect threat posed by bin Laden and his terrorism
of terrorism and who are seeking to abuse must be eliminated. We act for justice. We
our asylum procedures. It will widen the law act with world opinion behind us and we
on incitement to include religious hatred. have an absolute determination to see justice
We will bring forward a Bill to modernise done and this evil of mass international
our extradition law. That will not be a knee- terrorism confronted and defeated.
jerk reaction, but I emphasise that we need
to strengthen our laws so that, even if
necessary only in a small number of cases, Mr. Iain Duncan Smith (Chingford and
we have the means to protect our citizens' Woodford Green):
liberty and our national security. We have
also ensured, in so far as is possible, that The Opposition are grateful to the Prime
every reasonable measure of internal Minister for his statement. He is correct to
security is being undertaken. We have in condemn attacks on British Muslims
place a series of contingency plans, wherever they take place, and on their places
governing all forms of terrorism. These of worship. I join fully in supporting him in
plans are continually reviewed and tested that statement. Furthermore, our support
regularly and at all levels. In addition, we should also be stated for those who have lost
continue to monitor carefully developments loved ones, as the Prime Minister said. We
in the British and international economy. watched their dignity in their suffering and
Certain sectors in Britain and around the were not only impressed but took it as a
world have inevitably been seriously lesson to us all. I hope that it is one we will
affected, though I repeat that the never lose. It is just over three weeks since
fundamentals of all the major economies, the terrible events of 11 September in New
including our own, remain strong. The York and Washington. Although the initial
reduction of risk from terrorist mass action shock may well have subsided, our outrage
is important also to economic confidence, as remains, our anger is constant and our
11 September shows, so there is every determination to bring the terrorists to
incentive in that respect also to close down justice must remain undiminished. The
the bin Laden network. Three weeks on Prime Minister said that he would put before
from the most appalling act of terrorism that the House some of the evidence that shows
the world has ever witnessed, the coalition is that Osama bin Laden and al-Qaeda planned
strong, military plans are robust, the and carried out the atrocities
humanitarian plans are falling into place and
the evidence against bin Laden and his 4 Oct 2001 : Column 676
network is overwhelming. The Afghan
people are not our enemy, for they have our on 11 September, that they have the will
sympathy and they will have our support. and resources to carry out further atrocities,
Our enemy is Osama bin Laden and the al- that the United Kingdom and its citizens are
Qaeda network, who were responsible for and could be targets and that bin Laden and
the events of 11 September. The Taliban al-Qaeda were able to commit those
regime must yield them up or become our atrocities because of their close relationship
enemy also. We will not act for revenge. We with the Taliban regime. What bin Laden
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
did before 11 September made shameful eradicate the threat of terrorism and the
reading—what he did on 11 September adds apparatus of terror as well as to bring those
to the existing list of charges. I agree with responsible for 11 September to account? It
the Prime Minister that there are good is a means to an end, not an end in itself.
reasons why it would not be possible to Therefore, will he consider carefully the role
release all the intelligence that he has. To do that Iraq may well have played and any
so could put lives at risk. The right hon. threat that it continues to or might pose as a
Gentleman has shared with me more than he sponsor of such international terrorism?
is able to present here today and on that Some people have genuine and
basis I am convinced that Osama bin Laden, understandable anxieties that British
al-Qaeda and the Taliban are guilty as involvement is more likely to make Britain a
charged. Any war against these people is a direct terrorist target. Surely our response
just war. We must stand ready to fight for must be to remind them of the hundreds of
our democracy and for civilised values Britons who died in the World Trade Centre.
everywhere. Our prayers and our support, Britain is already a target: it has already
however, will also go out to our armed been attacked and could be attacked in the
forces and their families for what they may future. We recognise too, however, that any
be called upon to do in whatever may action against Afghanistan will almost
follow. The events of 11 September show certainly increase the exodus to refugee
that terrorists such as bin Laden now accept camps in surrounding countries. Millions of
no limits and that the rogue states harbour Afghans have already been driven to them
and nurture such terrorists, using them as by a combination of drought and the
instruments of their twisted purpose. In so collapse of existing aid programmes, as the
doing, they place themselves outside the Prime Minister said. Therefore, I welcome
family of civilised nations. To defeat his statement about the increased level of
terrorism will require action on all fronts, as aid. Will he also undertake to ensure that the
the Prime Minister rightly said. We need to money allocated to the refugee crisis is spent
strike at the terrorists themselves and to to ensure that the camps meet as closely as
neuter the threat from the rogue states that possible internationally agreed standards and
give them succour. We also need to tackle
the links between terrorism and the 4 Oct 2001 : Column 677
organised crime that helps to finance and
sustain it. I agree with the Prime Minister respect for basic human rights and that if
that the immense task ahead requires possible no one country should bear a
unprecedented levels of international co- disproportionate responsibility for housing
operation. He is to be congratulated on his them? Finally, after taking whatever action
efforts in conjunction with those of may be required, we must plan for the
President Bush to build a coalition of such millions of refugees to be able to return
diverse nation states. It is the clear swiftly to a homeland that will be able to
responsibility of every civilised country to sustain them in their normal lives. The
do what it can to stamp out this evil that Prime Minister spoke of measures to be
threatens us all. Some people may worry proposed by the Home Secretary. In the
about the effect that military action could context of 11 September we will certainly
have on the survival of that coalition. Does give our support to whatever measures are
the Prime Minister agree that it has been justified and we will scrutinise them in the
assembled for a purpose, which is to usual way. The Prime Minister rightly
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
emphasised that this is not a war against activity such as intimidation, racketeering,
Islam, but a war against terrorism—all smuggling and—worst of all
terrorism, as he said. That has been perhaps—drugs. What plans does the Prime
recognised in Muslim countries such as Minister have to wage war on the Mafia sub-
Pakistan and others and by the majority of culture and criminality that have grown up
Muslims in the United Kingdom, many of alongside 30 years of terrorism in Northern
whom I have met to discuss this issue, as has Ireland and to ensure that the rule of law is
the Prime Minister. However, a small upheld? At the weekend, the Sinn Fein
number of totally unrepresentative groups president described terrorism as "ethically
and individuals remain, to whom the Prime unjustifiable", yet words alone will not be
Minister referred as abusing the freedoms enough. The people of Northern Ireland
that we enjoy to voice support and raise require deeds. Surely in the aftermath of 11
money for terrorism, and in some cases to September, people everywhere will fail to
plan acts of terrorism overseas. When Sheik understand why terrorists even in Northern
Omar Bakri Muhammad can claim from the Ireland do not demonstrate once and for all
safety of this country that the Prime Minister that violence is in the past and that they are
is a legitimate target for assassination if he now unequivocally committed to peaceful
visits a Muslim country, we need to review and democratic politics. I hope and believe
our anti-terrorism laws as a matter of that the Prime Minister will use this
urgency. The Home Secretary ought to be opportunity to place maximum pressure on
able to prevent individuals entering Britain those on both sides of the fence to stand by
and to deport them on the grounds of their agreements and to decommission their
national security without the threat of his weapons as agreed.
decisions being overturned as a result of the
Human Rights Act 1998. The Government 4 Oct 2001 : Column 678
must not let the Act stand in the way of
extradition to the United States of Finally, we believe that the Prime
individuals facing terrorism charges. That Minister was right to recall Parliament
would be the wrong route. Where the law is today. It is important, given the gravity of
ineffective or inadequate, it needs to be the situation and the likelihood of British
remedied and I agree with the Prime involvement in any future action, that we
Minister. I repeat our offer that the keep the situation under short-term review.
Opposition will co-operate with the Yesterday the Home Secretary made a
Government in any way possible to ensure number of important announcements to the
that that can be done. The Prime Minister conference regarding the domestic response
said in his speech to the conference on to the terrorist threat. Surely, given the
Tuesday that the structures of terrorism importance of that speech yesterday, there is
should be attacked everywhere. Does he now a strong case for the House to be
agree that this means not just waging war in recalled again—perhaps on Thursday and
a distant land but that, as he has said before, Friday of next week—so that that some of
it applies as much here in the United those measures can be debated and
Kingdom as it does in Afghanistan and discussed. This is not about revenge and it is
Colombia? As I have pointed out before, not about retribution, and it is not only about
terrorist groups, including the IRA, the justice against one man; it is about standing
UDA, the UVF and others, raise the vast up for what is right against what is wrong. It
majority of their finance through criminal is about upholding civilised values against
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
anarchy and it is about defending good benefits of the way in which the United
against the evil of terrorism. So today we States Administration and President Bush
should reaffirm our single and collective have handled this issue over the past few
purpose in this House. No excuses can be weeks results precisely from the fact that
made, no justification sought and no help they have not acted precipitately but have
offered to those who would carry out such taken time to reflect and consider. Had there
deeds. Simply put, let right be done. The been a different way forward, it would have
Prime Minister: First, I thank the hon. come through in these past few weeks—it
Gentleman for his support for the action that has not. Therefore, I think that there is
the Government are undertaking and also for possibly a firmer and clearer understanding
his words about bin Laden and the hon. today among people who analyse the
Gentleman's conviction that bin Laden is, situation reasonably and sensibly that we
indeed, guilty. In respect of our armed have to take action.
forces, as I said a couple of days ago, one of
the greatest blessings that any British Prime 4 Oct 2001 : Column 679
Minister has is the strength, determination
and commitment of our armed forces. In In respect of Iraq, of course it is
respect of the coalition, I read in parts of the important that we act on the basis of
media that the coalition is under threat but I evidence, but I point out that the no-fly
have not noticed that at all in the discussions zones are still in operation in respect of Iraq
that I have had. I believe that those people and that Britain, with the United States,
who are part of the broad coalition of takes action in policing them. In respect of
support for the action that we are Britain being a target, I agree very strongly
undertaking know perfectly well that it with the hon. Gentleman. Britain is in any
includes military action. Indeed, not merely event a target, as indeed are any of the main
has that been made clear by, for example, western countries—not simply Britain.
the French President, but it was made very Britain is known obviously as a very close
clear by the German Chancellor who himself ally of the United States of America, but
is prepared to commit German military acts of terrorism have taken place or have
support for the action that we are been thwarted in many of the major
undertaking. In Japan, the Japanese Prime European countries. The situation is quite
Minister, in what was a bold and courageous clear. One of the things that will emerge
move given Japan's history, committed self- from the document that we shall place in the
defence forces as part of the logistical and Library of the House of Commons—to be
support effort for any action. I think that fair, this is obviously known by the people
there is a very clear understanding right who have studied such matters—is that we
around the world that, in the face of what we are dealing with an individual and an
are dealing with, there is no alternative organisation that, as a matter of their strong
unless the Taliban regime do what they have belief and conviction, think it is right that
so far obviously failed to do and yield up bin they kill not just American civilians but
Laden. If they fail to do that, there really is other civilians around the world who have
no alternative to taking action. Otherwise we any connection with the west and western
will simply allow that terrorist network to values. Indeed, they are prepared to commit
remain, and we know that it will carry on acts of terrorism not merely against western
committing acts of terrorism if it is able to countries but against people in Muslim
do so. That is well understood. One of the countries as well. When people read the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
statements that have been made by bin for good. That is precisely the reason for the
Laden, they can see that there really is no impasse. I believe, however, that it is also
alternative and that no common agenda can important that
be established with such people. I agree with
the hon. Gentleman that it is important that 4 Oct 2001 : Column 680
the money that is allocated in respect of aid
should be used properly to meet we maintain the peace process if at all
international standards. One of the things possible. One of the lessons from the past
that we have been trying to do over the past few weeks is that, where we have a process
couple of weeks is establish with the United in place, let us continue it. However, it has
Nations a sufficiently solid organisational obviously got to be based on the principles
capability so that the money is allocated that were set out in the agreement. I again
properly. That is why I was grateful to Kofi thank the hon. Gentleman for his support.
Annan for appointing Mr. Brahimi to co- We are now approaching the difficult time
ordinate the efforts. They have to be co- when action is taken. It will be difficult;
ordinated properly out there on the ground, there are no easy options in this situation.
both inside Afghanistan and in neighbouring However, I hope and believe that there is a
countries. That will involve a very big effort far clearer understanding today that, if we
indeed. The small but significant number of take the right military action, combine it
groups that are here and that abuse our with the right humanitarian assistance and
freedom are precisely the reason why we build the right political and diplomatic
need to legislate. I thank the hon. Gentleman coalition, we have not merely the best
for his support—in principle at any rate—for chance of succeeding but the best chance in
such legislation, subject obviously to succeeding of winning the greatest degree
discussion of the details. It is important that possible of support right across the world for
we try to discuss within the main political what we have done.
parties how we can take forward these
measures because the quicker they are done,
the better they are done and the greater the
consent for them, the better the legislation 4.Week A US Department of State
will be. As we have tried to do in respect of report: Patterns of Global
the military action, we are very happy to Terrorism 2001. [May 2002].
make sure that there is proper consultation This is a slick, long report, an
with all the main political parties on the illustrated push for the
measures that we propose. The Terrorism Administration’s position on
Act 2000 strengthened our law somewhat terrorism. [As this is too
and did have an impact, but we recognise lengthy to be reproduced in
now that the law needs to be taken further. the Reader, please consult it
Of course I agree with the hon. Gentleman on line.]
about those terrorist groups that are still
operating inside the United Kingdom. It is http://www.state.gov/documents/organizatio
difficult to make further progress in the n/10319.pdf
peace process until it is absolutely clear that
those who want to play a major part in the
government of Northern Ireland for the
future have unequivocally given up violence
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
4.M.1 Could the attacks have been Nevertheless, last week, when National
foreseen? Intercepted? This is Security Adviser Condoleezza Rice briefed
an NPR timeline [May 2002] reporters on what the White House and Mr.
of intelligence information Bush knew, she insisted the Sept. 11 attacks
which might have been could not have been anticipated.
interpreted to suggest an
attack: "I don't think anybody could have
predicted that these people would take an
http://www.npr.org/programs/morning/featu airplane and slam it into the World Trade
res/2002/may/timeline/index.html Center, take another one and slam it into the
Pentagon, that they would try to use... a
hijacked airplane as a missile," Rice said.
"All of this reporting about hijacking was
about traditional hijacking."
Tracking a Counterterrorism
Breakdown Timeline Shows Failure As Shuster reports, a close examination
to Connect Key Clues Before Sept. 11 of the events before Sept. 11 contradicts that
claim. Following is Shuster's timeline of
May 23, 2002 -- The White House has behind-the-scenes counterterrorism activity
been thrown on the defensive by revelations among U.S. government agencies in the
that weeks before the Sept. 11 attacks months prior to the Sept. 11 attacks.
President Bush received an intelligence
report that terrorists linked to Osama bin Early June 2001
Laden possibly were planning to hijack The Arabic television channel Al-Jazeera
airliners. airs an Osama bin Laden video threatening
attacks on Western targets.
Lawmakers are questioning what the
administration knew and when. NPR's Mike June 13
Shuster reports on Morning Edition that The CIA is concerned about a possible al
government agencies had several clues that Qaeda attack on President Bush and other
might have triggered alarms in the months G-8 leaders scheduled to meet in Italy in
before Sept. 11. But no one put them July. Egyptian intelligence tells the CIA of a
together. plot to use aircraft loaded with explosives.
Senior government officials were frantic June 21

about threats from al Qaeda, going all the Louis Freeh resigns as FBI director.
way back to June 2001. There were daily
meetings in the White House, and alerts June 22
issued from the FBI, the State Department • State Department issues a worldwide
and the Federal Aviation Administration. warning on terrorism.
• U.S. military forces in Europe and the
"The warnings were serious, the Middle East are put on Force Protection
information specific and some of it had to do Condition Delta -- the highest alert level --
with the use of airplanes to kill the president meaning a terrorist action against a specific
and foreign leaders," Shuster reports. location is considered imminent.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
• CIA Director George Tenet is described connected to bin Laden enrolled in
as nearly frantic about the possibility of American flight schools.
attack.
Mid-July
June 28 CIA disrupts attacks in Paris, Rome and
National Security Adviser Condoleezza Turkey.
Rice receives an intelligence summary
warning a significant al Qaeda attack in the July 18
near future is "highly likely." FAA warns airlines to exercise the
highest level of caution.
July 2
FBI warns of terrorist attacks overseas, July 20-23
does not rule out domestic attacks. • President Bush attends G-8 summit in
Genoa, Italy.
July 3 • Italian government declares airspace
CIA's Tenet sends special request to 30 above the summit site a no-fly zone; deploys
foreign intelligence agencies, urging them to anti-aircraft guns at Genoa airport to defend
arrest al Qaeda figures. against possible terrorist attack from aircraft
filled with explosives.
July 5
• National Security Council terrorism July 31
chief Richard Clarke convenes a White The FAA issues another warning to
House meeting of the Counterterrorism airlines: terrorists are planning and training
Security Group; then meets with Rice and for hijackings.
Bush Chief of Staff Andrew Card; then
meets again with CSG plus, Federal Aug. 6
Aviation Administration, FBI and CIA's Tenet briefs President Bush in
Immigration and Naturalization Service. Crawford, Texas, on a generalized terror
Clarke tells them: "something spectacular is threat, including Osama bin Laden and
going to happen." hijackings.
• Non-essential travel of U.S.
counterterrorism staff suspended. Aug. 17
• President Bush asks Rice to find out The INS detains Zacarias Moussaoui for
what is being done about terror warnings. suspicious activity at a Minnesota flight
school.
July 6
The Counterterrorism Security Group Early September
meets again in the White House; learns that FBI lawyers deny request from the
targets for attack are located in Paris, Rome Minneapolis FBI field office to search
and Turkey. Moussaoui's computer.
July 10 Sept. 4
Phoenix FBI agent Kenneth Williams • Robert Mueller becomes FBI director.
sends electronic memo to FBI headquarters, • FBI tells the FAA of Moussaoui's
urging investigation of possible terrorists arrest. The FAA does not alert airlines.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Other Resources Press Briefing by National Security
Advisor Dr. Condoleezza Rice
• Text of National Security Adviser
Condoleezza Rice's press conference, May The James S. Brady Briefing Room
16, 2002
• Text of FBI Director Robert Mueller's 4:10 P.M. EDT

prepared testimony to the Senate Judiciary
Committee, May 8, 2002 DR. RICE: Good afternoon. I'm going to
give you a chronology of the events that
• Federal indictment of Zacarias Moussaoui occurred during the spring and summer of
2001. But I want to start with a little
• White House's America Responds to definitional work. When we talk about
Terrorism Web site threats, they come in many varieties. Very
often we have uncorroborated information;
• White House Office of Homeland Security sometimes we have corroborated but very
general information. But I can tell you that it
• FBI's War on Terrorism Web site is almost never the case that we have
information that is specific as to time, place,
• CIA's War on Terrorism Web site or method of attack.
• State Department Counterterrorism Office In the period starting in December 2000,

the intelligence community started reporting
• Defense Department anti-terrorism Web increase in traffic concerning terrorist
site activities. In the April-May time frame,
there was specific threat reporting about al
• Federal Aviation Administration Qaeda attacks against U.S. targets or interest
that might be in the works.
Now, there was a clear concern that

something was up, that something was
4.M.2 Condaleeza Rice says it could coming, but it was principally focused
not have been foreseen: overseas. The areas of those concern were
the Middle East, the Arabian Peninsula, and
http://www.whitehouse.gov/news/releases/2 Europe.
002/05/20020516-13.html
In the June time frame, arrests for the
Millennium plot, there was testimony by the
participants in the Millennium plot that Abu
For Immediate Release Zabeda had said that there might be interest
Office of the Press Secretary in attacking the United States. And this
May!16,!2002 comes out of testimony that was there as a
result of the Millennium plot. And then in
National Security Advisor June -- on June 26th, there was a threat
spike, and as a result, again focusing
Holds Press Briefing overseas, the State Department issued a
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
worldwide caution. Again, that was June CSG core group and that he was holding
26th, and you probably remember that another meeting that afternoon that would be
caution. focused on threats, and that would bring the
domestic agencies into the CSG.
Now, the FAA was also concerned of
threats to U.S. citizens such as airline On July 6th, the CSG core players met
hijackings, and therefore, issued an again because there was concern about --
information circular -- and an information very high concern about potential attacks in
circular goes out the private carriers from Paris, Turkey, Rome, and they acted to go so
law enforcement -- saying that we have a far as to suspend non-essential travel of U.S.
concern. That was a June 22nd information counterterrorism staff. So this is a period in
circular. which, again, attacks -- potential attacks
overseas were heightened enough that there
At the end of June, there was a status of was almost daily meeting now, sometimes
threat and action meeting that the -- what we twice a day, of either the CSG or its
call the Counterterrorism Security Group -- subgroups. Contingency planning was done
it is a group that is interagency that meets on on how to deal with multiple, simultaneous
the direction of an NSC Special Assistant, attacks around the world.
Dick Clarke at that time. There was a
meeting of that, and Dick Clarke reported to The period in mid-July was a point of
me that steps were being taken by the CSG. another major threat spike, and it all related
to the G-8 summit that was coming up. And
On July 2nd, as a result of some of that in fact, there was specific threat information
work, the FBI released a message saying about the President. There was a lot of work
that there are threats to be worried about done with liaison services abroad; in fact,
overseas, but we cannot -- while we cannot the CIA went on what I think you would call
foresee attacks domestically, we cannot rule a full-court press to try and deal with these
them out. This is an inlet, and again, an inlet potential attacks, and indeed, managed
goes out to law enforcement from the FBI. through these intelligence activities and
liaison activities to disrupt attacks in Paris,
On July 2nd, the FAA issued another IC, Turkey and Rome.
saying that Ressam -- again associated with
the Millennium plot -- said that there was an On July 18th, the FAA issued another IC,
intention of using explosives in an airport saying that there were ongoing terrorist
terminal. This was a very specific IC. threats overseas, and that although there
were no specific threats directed at civil
On July 5th, the threat reporting had aviation, they told the airlines, "we urge you
become sufficiently robust, though not, to use the highest level of caution."
again, very specific, but sufficiently robust,
there was a lot of chatter in the system, that On July 18th also, the FBI issued another
in his morning meeting the President asked inlet on the Millennium plot conviction,
me to go back and to see what was being reiterating its July 2nd message saying we're
done about all of the chatter that was there. concerned about threats as a result of the
Andy Card and I met that afternoon with Millennium plot conviction.
Dick Clarke, and Dick Clarke informed us
that he had already had a meeting of the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
At the end of July, the FAA issued
another IC, which said, there's no specific I want to reiterate, it was not a warning.
target, no credible info of attack to U.S. civil There was no specific time, place or method
aviation interests, but terror groups are mentioned. What you have seen in the run-
known to be planning and training for up that I've talked about is that the FAA was
hijackings, and we ask you, therefore, to reacting to the same kind of generalized
urge -- to use caution. information about a potential hijacking as a
method that al Qaeda might employ, but no
Throughout July and August, several specific information saying that they were
times a week, there were meetings of the planning such an attack at a particular time.
CSG, reviewing information at hand. There
was no specific new information that came There is one other FAA IC in this period,
in in that period of time after the end of July issued on August 16th, where the FAA
and sort of in August, leading up to issued an IC on disguised weapons. They
September. But the agencies were still at a were concerned about some reports that the
heightened state of alert. Particularly terrorists had made breakthroughs in cell
overseas. I think the military actually had phones, key chains and pens as weapons.
dropped its state of alert, but everybody was
still on a heightened state of alert. There are a number of other ICs that
were also issued; we don't think they were
On August 1st, the FBI issued another germane to this, but I'm sure you can get the
inlet on the upcoming third East Africa full record of all of the ICs that were
bombing anniversary, and again reiterated released from Transportation.
the message that had been in the July 2nd
inlet. I want to reiterate that during this time,
the overwhelming bulk of the evidence was
Now, on August 6th, the President that this was an attack that was likely to take
received a presidential daily briefing which place overseas. The State Department, the
was not a warning briefing, but an analytic Defense Department were on very high
report. This analytic report, which did not states of alert. The embassies were -- have
have warning information in it of the kind very clear protocols on how to button up; so
that said, they are talking about an attack does the military. That was done. But at
against so forth or so on, it was an analytic home, while there was much less reporting
report that talked about UBL's methods of or chatter at home, people were thinking
operation, talked about what he had done about the U.S. and the FBI was involved in a
historically, in 1997, in 1998. It mentioned number of investigations of potential al
hijacking, but hijacking in the traditional Qaeda personnel operating in the United
sense, and in a sense, said that the most States.
important and most likely thing was that
they would take over an airliner, holding And that's my opening, and I'll take
passengers and demand the release of one of questions. Ron.
their operatives. And the blind sheikh was
mentioned by name as -- even though he's Q Why didn't the American public know
not an operative of al Qaeda, but as about these facts before they got on planes
somebody who might be bargained in this in the summer and fall of last year?
way.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
DR. RICE: It is always, as you've learned of it? What action was taken? And why
since September 11th, a question of how didn't he ever tell the American people about
good the information is and whether or not it?
putting the information out is a responsible
thing to do. I've emphasized that this was the DR. RICE: Well, the action was being
most generalized kind of information. There taken, because, if you notice, what is briefed
was no time, there was no place, there was to him in kind of a summary way -- and I
no method of attack. It simply said, these are should say, he had said to his briefer, I'd like
people who train and seem to talk possibly you from time to time to give me summaries
about hijackings -- that you would have of what you know about potential attacks.
risked shutting down the American civil And this was an analytic piece that tried to
aviation system with such generalized bring together several threads -- in 1997,
information. I think you would have had to they talked about this; in 1998, they talked
think five, six, seven times about that very, about that; it's been known that maybe they
very hard. want to try and release the blind Sheikh -- I
mean, that was the character of it. And so
Steps were taken, and I'm sure security the actions were being taken in response to
steps were taken. But you have to realize the generalized information that was being
that when you're dealing with something this reported here, too. And the President was
general, there's a limit to the amount that aware that there were ongoing efforts that
you can do. were being taken.
Q What security steps -- Q -- any specific information just prior to

August 6th that raised concerns about
DR. RICE: Again, the FAA asked hijacking of U.S. planes?
security personnel, ground personnel to have
a heightened state of alert because there DR. RICE: Again, this was generalized
were tensions in the Middle East -- information that put together the fact that
there were terrorist groups who were
Q -- in any security -- unhappy about things that were going on in
the Middle East, as well as al Qaeda
DR. RICE: There were tensions in the operatives, which we'd been watching for a
Middle East that were leading to terrorists long time -- that there was more chatter than
who had sympathies with those Middle East usual, and that we knew that they were
events. There were various trials going on, people who might try a hijacking. But, you
and it was the association with all that was know, again, that terrorism and hijacking
going on that said, look, these are people might be associated is not rocket science.
who talk from time to time about -- and train
for hijacking; you should take a look at your Q Why shouldn't this be seen as an
security procedures and try to respond. But intelligence failure, that you were unable to
this was very generalized information. predict something happening here?
Q Specifically, after this August 6th DR. RICE: Steve, I don't think anybody
analytic report briefing that the President could have predicted that these people
had, what did he do? What did other people would take an airplane and slam it into the
in the administration do? What did he make World Trade Center, take another one and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
slam it into the Pentagon; that they would have been prepared for him because he's
try to use an airplane as a missile, a hijacked asked for a specific kind of document. And
airplane as a missile. All of this reporting as I said, he frequently says, you know, I'd
about hijacking was about traditional like to see everything you know about X; or
hijacking. You take a plane -- people were I'd like you to summarize -- because, as you
worried they might blow one up, but they can imagine, you get intelligence in little
were mostly worried that they might try to snippets, it's helpful from time to time to put
take a plane and use it for release of the it together.
blind Sheikh or some of their own people.
Q And did this also include then the
But I think that there's always a fine unified FBI findings? Of course, the
balance, but even in retrospect, even in Phoenix memo had been through the FBI in
hindsight, there was nothing in what was July -- did it include concerns about
briefed to the President that would suggest Moussaoui? And how much did this bring in
that you would go out and say to the the other agencies?
American people, look, I just read that
terrorists might hijack and aircraft. They talk DR. RICE: This did not include the
about hijacking an aircraft once in a while, issues that you just talked about, it did not.
but have no specifics about when, where,
under what circumstances. Q Was that a failure to your mind?
Should it have?
David.
DR. RICE: Look, let me just speak to the
Q Condi, this analytic report that the Moussaoui and the so-called Phoenix
President received sounds like it wasn't his memorandum. As you might imagine, a lot
ordinary morning brief. Was it something of things are prepared within agencies;
that he had requested because of the various they're distributed internally, they're worked
elements that had come up? Was it internally. It's unusual that anything like that
something you had requested? And just to would get to the President. He doesn't recall
follow up on Terry's point here, was the seeing anything, I don't recall seeing
hijacking mentioned here based on any new anything of this kind.
intelligence that had been developed
between these meetings that you mentioned Q On Phoenix or on Moussaoui --
in the July 5th-6th time frame, or was it
simply -- did it come out of the Philippines DR. RICE: On either. Prior to September
experience? 11th. But I've asked George Tenet and I've
asked Bob Mueller and I've asked my own
DR. RICE: It was actually summarizing people to spend some time really going in
the kind of intelligence that they'd been depth and seeing whether or not it was
acting on. I think it's a little strong to possible that it got to the President.
actually call it intelligence -- the
interpretation that was there that these were Q Condi, officials who are familiar with
people who might try hijacking. the President's briefing have suggested that
the information about hijackings was so
It was -- very often as a part of his vague and so general that you could read it
normal brief, David, he will get things that from the podium without any danger to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
sources and methods. Could you read us And, B, you know that you would not be
those couple of lines about hijackings? here today if it weren't eight months after
the attack we hear for the first time that,
DR. RICE: I'm not going to read you the even in a general sense, the word
couple of lines, but I will tell you, Jim, that "hijacking" and "al Qaeda" was before the
it was very vague. The one piece that had President prior to September 11th. Why is it
any texture at all was that it might be for the that in all the questioning of administration
purpose of freeing an operative like the officials -- the President, the Vice President,
blind Sheikh. yourself and others, did you have any hint,
did you have any clue, that nobody simply
But again, most of what people were said, you know, we didn't; there was this
acting on was these were terrorist groups general talk once of hijacking, but we
who were dissatisfied. We had reasons to looked into it, it had nothing to do with this,
believe that there was more chatter, more there was no connection?
talk of attacks. Hijackings seemed one
possibility. They train and seemed to be DR. RICE: John, this all came out as a
interested in that, but nothing more specific result of our preparations to help the
than that. committees on the Hill that are getting ready
to review the events. It wasn't -- frankly, it
Q I've been led to believe that hijacking didn't pop to the front of people's minds,
was actually a minor part of that briefing. because it's one report among very, very
You're suggesting it was an analytical look many that you get.
at all of the kinds of things that al Qaeda
was considering and working on? And so it's out of that review that it
became clear that this was there. I will say
DR. RICE: I would say that most of it that, again, hijacking before 9/11 and
was actually historical. It was not a hijacking after 9/11 do mean two very, very
catalogue of, they might use this, they might different things. And so focusing on it
use this, they might use this, they might use before 9/11 -- perhaps it's clear that after
that. That was not the character. But it was 9/11 you would have looked at this
mostly historical, going back to things that differently, but certainly not before 9/11.
happened in '97, things that happened in '98,
kind of methods of operation in the embassy Q And no discussion in this briefing, or
bombings, might they return to some of any others, about the possibility of al Qaeda
those methods. It was that kind of thing. hijacking, and the fact that there have been
active investigations into the possibility of a
Q So, two questions. No discussion at all CIA building plot, or an Eiffel Tower plot.
then in this analytical briefing about either Never came up?
the information during the investigation in
the Philippines about possibly flying a plane DR. RICE: It did not come up.
into the CIA building, or the investigation
overseas about possibly flying a plane into Q Was that an intelligence failure, that
the Eiffel Tower? No analytical information nobody said, you know, there has been talk
discussing those options at all? about doing this elsewhere?
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
DR. RICE: We knew that there were -- Again, this is principally -- these were all
that there were discussions of hijacking. We principally pretty general, with the exception
knew that there were -- that they had thought I think of the overseas threat that had to do
about hijackings in a number of places. But, with the G-8, which was more specific than
again, the information that was there in the anything else that we had.
PDB, which is the reference point here, was
not about those activities. Q Dr. Rice, can you tell us whether you
had conversations with Mr. Clarke expressly
Q When did the White House hear about about what the potential impact on
the Phoenix memorandum? You said it was American commercial aviation would be in
before -- not before September 11th. When the event of a hijacking and the taking of
did you finally hear about the Phoenix hostages? You said earlier that the impact
memorandum? could have been extraordinary. Could you
elaborate? And what did you and Mr. Clarke
DR. RICE: No, what I said -- let me be discuss as to --
very clear, because we're going to be certain
of our facts here. And as you might imagine, DR. RICE: I'm sorry, that it could have
it takes a little time to make sure of the facts. been extraordinary?
Neither the President, nor I have recollection
of ever hearing about the Phoenix memo in Q That you'd considered issuing a
the time prior to September 11th. We've warning.
asked FBI, CIA, our own people, to go back
and see whether or not it's possible that it DR. RICE: No, I didn't say that. I said,
somehow came to him. I personally became you always have to consider whether or not
aware of it just recently. from some incredibly general information
you want to try and issue a warning, because
Q And the second question, Dr. Rice. this was very, very general information. I
Many members of Congress, of both parties, don't think we ever thought a warning made
are expressing some anger or saying they sense in this context. It was not like post
weren't informed about these briefings, or 9/11, when even then people have said, well,
intelligence readings, or whatever was being you issued a really general warning, what
held in the White House in August and are people supposed to do?
September. Was that a valid point in July
and August? In the pre 9/11 period, we really never
even considered issuing a warning. I was
DR. RICE: Well, the general threat saying that if it had been considered, you
information of the kind that I've been talking would have had to consider very carefully
about -- heightened sense of alert, concerns what kind of impact you would have. But it
that al Qaeda might be plotting something, was actually never considered. What was
particularly, overseas -- it is my done was to get the FAA in the room so that
understanding that on a regular basis, the they could do the things that they thought
intelligence committees were told about the appropriate under these circumstances.
concerns of the intelligence agencies about
these kinds of activities. Q Did you meet directly with --
DR. RICE: I did not.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
conferences, meetings of the CSG, civets, as
Q Going back to the August 6th briefing we call them, by teleconference several
that he had, that's the very first time that the times a week. And that continued in this
President hears both the term hijacking and period. But there was no new information
UBL together. Did he respond at all? And that suggested something more was afoot.
secondly, were those two linked in any way
in briefings that he got after that, until Q Dr. Rice, there are a lot of widows and
September 11th? widowers and family members of the
victims of September 11th who are listening
DR. RICE: Well, there are a couple of to this, and thinking today that the
other times that hijacking and terrorism are government let them down, that there were
mentioned in this -- intelligence failures. As the person who is
supposed to connect the dots with the NSC
Q How many? for the President, what would you like to say
to them today?
DR. RICE: I think a couple. I mean, it's
not -- it doesn't feature prominently in the DR. RICE: This government did
reporting, because again, it was not based on everything that it could in a period in which
information that they were planning a the information was very generalized, in
particular hijacking at a particular point in which there was nothing specific to which to
time. Certainly nothing like we were looking react. And had this President known of
at that there might be attacks against the G-8 something more specific, or known that a
leadership, there might be attacks against the plane was going to be used as a missile, he
President. It might be in Rome. A lot of would have acted on it. But the fact is, this,
chatter around Rome. Nothing like that. This in retrospect even, looks hard to put
was an analytic piece about methods that together. At the time, we were looking at
they had available to them. something very different. To the degree that
hijacking was an issue, it was traditional
Q As a follow-up to that, between hijacking.
August 6th and September 11th, this was
somehow kept on the President's plate, in The threats -- al Qaeda -- you know, you
front of the President a bit. Was it kept on did have the FBI actively pursuing leads and
your plate, as well? trying to run this down. You did get the
disruption of attacks in Rome and Paris and
DR. RICE: Certainly what was -- first of in Turkey. But this President, who takes
all, kept on the plate of the agencies was that extremely seriously the security of the
a number of these ICs were still in force. So United States, was doing everything that he
there was a continued alert level. As I've could in this period, as were the rest of the
said, the one place where I think we've public servants in this government.
determined that there was a lowering of alert
level was the military came down kind of Q Dr. Rice, I'd like to know a little bit
one-half level. As you know, it's very hard more about the August 6th meeting. It was
for them to stay on extremely high alert. at the ranch. Were you there? And was the
analytic report the only subject discussed in
We continued to monitor and follow this. the briefing? Was it an oral presentation,
There are threat conferences, threat warning was it a document? How lengthy was the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
document? Was there only one mention of working with the committee on these
hijacking in that document? documents.
DR. RICE: It is a document, Judy. There Q Had this document actually gone to
were other things briefed that day. I don't Capitol Hill?
actually know what they were. The
President's daily briefing is usually several DR. RICE: I don't know the answer to
briefings on various subjects. I was here in that, John. I don't think so -- no, this
Washington, not in Crawford, but I did talk document had not.
with the -- I always talk to the President
immediately after his briefings. Q Dr. Rice, when the information was
passed on from the FAA to the airline
The President and I talked all the time carriers, did any of that information include
during this period of time about al Qaeda. specifically a reference to al Qaeda or
He was particularly concerned not just about Osama bin Laden? Because terrorists are
threats to -- that they might be threatening terrorists, but this group obviously was
us, but how we went after them. And so viewed even by the government as a more
there was a lot of work going on in this serious threat. Did those warnings -- were
entire period also to try and put together a they specific enough to say, not just worry
strategy to bring them down. about hijacks, or worry about terrorist
hijacking, but did they say bin Laden?
Q How long was the document, and was
there, in fact, only one sentence that DR. RICE: We were worried about al
mentioned hijacking? Qaeda, and al Qaeda was clearly at the top
of the heap. But there were other terrorist
DR. RICE: The word, "hijacking" is organizations that we were also worried
mentioned once in the specific way that I've about in this period of time. The EIJ, for
talked about and one other time kind of in instance, because it was -- the blind Sheikh's
summary. It's a page and a half document. organization was that organization. So I
think that what you saw was that the concern
Q You said that all of this came out as about terrorism, or about terrorists, was
you prepared documents for upcoming actually broader than just al Qaeda. Al
committee hearings. Was this a document Qaeda was one of organization that might
that you had intended would get out in the use this particular method. So it said
public forum of committee hearings, or had "terrorist."
you asked them to keep it classified?
Q Dr. Rice, forgive me, this page and a
DR. RICE: We had not made any half document on August 6th, I know you
determination as to what documents were say it was non-specific, and I know you say
going forward, the nature of that. We're it's a compendium and an analytical report --
working with the committee right now to try how can you say it wasn't a warning? Are
to make sure that they have access to the you not telling the President that there's
information. I mean, after all, it is important danger ahead?
that the full story get out there. The
American people deserve that; the DR. RICE: No. A warning -- there was
administration wants that. And we are nothing that said this is going to happen, or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
this might happen. It said, this is a method reorganization that would cause great fusion
that these people might be considering. That of intelligence from different sources, and
was the nature of this. And it was very non- particularly from domestic and foreign
specific. In the sense that -- you know, if -- sources, is probably right.
going again, comparing it to what we were
seeing, for instance, on the G-8, this was an But let me just say, we've already begun
analytic piece that looked at methods that to make some of those changes. There is an
they might use. Office of Homeland Security. And I think
that's an important change. Secondly, every
Everybody knew that terrorists and day now, in the morning, the President sits
hijacking have been associated -- for time with the Vice President, with Andy Card,
immemorial. And how many hijackings with me, with George Tenet, with Bob
have there been by terrorists? In that sense, Mueller, and with Tom Ridge -- and often
there was nothing really new here. And in with John Ashcroft -- and there's a kind of
fact, since it was mentioned a couple of fusion going on at the top. And the
other times that there might be hijackings -- challenge is going to be to build down into
again, non-specific -- I think it would be the system that same kind of bringing
very hard to characterize this as a warning. together of information. And I think that's
what Bob Mueller and George Tenet and
Q Dr. Rice, are you aware of the reports others are looking at. And it's one reason
at the time that -- was in Washington on that we have every reason to want to look at
September 11th, and on September 10th, -- fully at what happened.
$100,000 was wired to Pakistan to this
group here in this area? While he was here Q On the G-8 plot -- could you just say
meeting with you or anybody in the something more about the G-8 plot? Wasn't
administration? that an airplane filled with explosives?
Wasn't that plane --
DR. RICE: I have not seen that report,
and he was certainly not meeting with me. DR. RICE: There were many different
potential methods described concerning the
Q Dr. Rice, on the issue of connecting G-8. Many. The most troubling was not a
the dots, you talked about a number of specific method with a specific place, but
things here -- the possibility of a CIA specific targets, like the President.
building, the Eiffel Tower, Moussaoui,
Phoenix, all those other dots that are out Q -- want to ask about, was there any
there. Where do you think those dots should link to bin Laden in those threats? And how
have come together? Should the briefer who serious did you take them? How specific
prepared the document for the President were they?
have known about all those things? Is there a
place where this should have come together? DR. RICE: We took the threats very
seriously, because they were somewhat
DR. RICE: Well, I think that one of the more specific. Again, when I say more
important questions is how we go forward, specific, it didn't say, on July this date, at
organizationally, to deal with some scenes. this place, at this time, so- and-so will
And I thought Director Mueller's testimony happen. But there was greater texture, there
yesterday to this effect, that called for was certainly more information. It's one
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
reason that George Tenet went out of his
way to, I would say, tell the agency to go to Q But you went through a list of these. I
the ramparts out in the field, to really stir up mean, is it possible -- how do you get the
our liaison services. And I think it was airlines to pay attention to them, if you're
successful, because there were several putting them out periodically, and if it is
disruptions. something general like this, what do you
really expect them to do?
Campbell, you have got the last question.
DR. RICE: Well, the problem, as I was
Q I just want to go back to the issue of explaining when somebody asked me, why
hijacking. You said the FAA in July did didn't we go public with some of these alerts
issue a kind of warning or an alert of sorts to -- or some of this information -- is that when
the airlines, saying that terror groups were you're dealing with very general
planning or training for hijacking, did you information, all you can do is tell people it's
not -- at the end of July? You were taking us very general. And I -- you would have to
through the time line. I just want to be clear refer to the Transportation Department and
that, isn't it unusual that you would make the the FAA to get a better sense for what
decision to bring the FAA into this? That protocols are followed, or how this is all
there was enough concern that hijackings done. But the FAA issued these ICs that,
would be a problem that you would say, you again, were based on very general
need to let the airlines know and -- information and were intended just to alert
people that these were organizations that
DR. RICE: The FAA was one of only -- were angry, there was a lot of threat
only one of the domestic agencies brought reporting about them, and hijacking was
in. Customs was brought in; INS was considered to be one of their methods. And
brought in. So this was an effort to bring in that was the extent of it.
domestic agencies that might have potential
vulnerabilities. But, again, let me read it, Q What was the date of that IC you just
because it's extremely important, because, read?
again, they were acting on general
information, and therefore, the IC is very DR. RICE: 31 July.
general.
Thank you.
And it says, "The target is not clear" --
this is July 31 -- "The target is not clear. The END 4:47 P.M. EDT
FAA has no credible info to attack U.S. civil
aviation interests. Nevertheless, some of the
current active groups are known to plan and
train for hijackings. FAA encourages all 4.W.3 Federal indictment of Zacarias
U.S. carriers to exercise prudence and Moussaoui:
demonstrate a high degree of alertness."
http://www.usdoj.gov/ag/moussaouiindictme
So, again, the operative words here, that nt.htm
"some of the current active groups are
known to plan and train for," not, they're
planning a particular hijacking.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
IN THE UNITED STATES DISTRICT Conspiracy to Destroy Property
COURT (18 U.S.C. §§ 844(f), (i), (n))
(Count Six)
FOR THE EASTERN DISTRICT OF
VIRGINIA !
ALEXANDRIA DIVISION DECEMBER 2001 TERM - AT

ALEXANDRIA
UNITED STATES OF AMERICA
INDICTMENT
-v-
THE GRAND JURY CHARGES THAT:
ZACARIAS MOUSSAOUI,
a/k/a "Shaqil," COUNT ONE
a/k/a "Abu Khalid al Sahrawi," (Conspiracy to Commit Acts of
Terrorism Transcending National
Defendant. Boundaries)
)
) Background: al Qaeda
!!!!!1. At all relevant times from in or

CRIMINAL NO: about 1989 until the date of the filing of this
Indictment, an international terrorist group
Conspiracy to Commit Acts of Terrorism existed which was dedicated to opposing
Transcending National Boundaries non-Islamic governments with force and
(18 U.S.C. §§ 2332b(a)(2) & (c)) violence. This organization grew out of the
(Count One) "mekhtab al khidemat" (the "Services
Office") organization which had maintained
Conspiracy to Commit Aircraft Piracy offices in various parts of the world,
(49 U.S.C. §§ 46502(a)(1)(A) and (a)(2)(B)) including Afghanistan, Pakistan (particularly
(Count Two) in Peshawar), and the United States. The
group was founded by Usama Bin Laden
Conspiracy to Destroy Aircraft and Muhammad Atef, a/k/a "Abu Hafs al
(18 U.S.C. §§ 32(a)(7) & 34) Masry," together with "Abu Ubaidah al
(Count Three) Banshiri," and others. From in or about 1989
until the present, the group called itself "al
Conspiracy to Use Weapons of Mass Qaeda" ("the Base"). From 1989 until in or
Destruction about 1991, the group (hereafter referred to
(18 U.S.C. § 2332a(a)) as "al Qaeda") was headquartered in
(Count Four) Afghanistan and Peshawar, Pakistan. In or
about 1991, the leadership of al Qaeda,
Conspiracy to Murder United States including its "emir" (or prince) Usama Bin
Employees Laden, relocated to the Sudan. Al Qaeda
(18 U.S.C. §§ 1114 & 1117) was headquartered in the Sudan from
(Count Five) approximately 1991 until approximately
1996 but still maintained offices in various
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
parts of the world. In 1996, Usama Bin Somalia by violence. Members of al Qaeda
Laden and other members of al Qaeda issued fatwahs (rulings on Islamic law)
relocated to Afghanistan. At all relevant indicating that such attacks were both proper
times, al Qaeda was led by its emir, Usama and necessary.
Bin Laden. Members of al Qaeda pledged an
oath of allegiance (called a "bayat") to !!!!!4. Al Qaeda functioned both on its
Usama Bin Laden and al Qaeda. Those who own and through some of the terrorist
were suspected of collaborating against al organizations that operated under its
Qaeda were to be identified and killed. umbrella, including: Egyptian Islamic Jihad,
which was led by Ayman al-Zawahiri, and at
!!!!!2. Bin Laden and al Qaeda violently times, the Islamic Group (also known as "el
opposed the United States for several Gamaa Islamia" or simply "Gamaa't"), and a
reasons. First, the United States was number of jihad groups in other countries,
regarded as an "infidel" because it was not including the Sudan, Egypt, Saudi Arabia,
governed in a manner consistent with the Yemen, Somalia, Eritrea, Djibouti,
group's extremist interpretation of Islam. Afghanistan, Pakistan, Bosnia, Croatia,
Second, the United States was viewed as Albania, Algeria, Tunisia, Lebanon, the
providing essential support for other Philippines, Tajikistan, Azerbaijan, and the
"infidel" governments and institutions, Kashmiri region of India and the Chechnyan
particularly the governments of Saudi region of Russia. Al Qaeda also maintained
Arabia and Egypt, the nation of Israel, and cells and personnel in a number of countries
the United Nations organization, which were to facilitate its activities, including in Kenya,
regarded as enemies of the group. Third, al Tanzania, the United Kingdom, Germany,
Qaeda opposed the involvement of the Canada, Malaysia, and the United States.
United States armed forces in the Gulf War
in 1991 and in Operation Restore Hope in !!!!!5. Al Qaeda had a command and
Somalia in 1992 and 1993. In particular, al control structure which included a majlis al
Qaeda opposed the continued presence of shura (or consultation council) which
American military forces in Saudi Arabia discussed and approved major undertakings,
(and elsewhere on the Saudi Arabian including terrorist operations. Al Qaeda also
peninsula) following the Gulf War. Fourth, had a "military committee" which
al Qaeda opposed the United States considered and approved "military" matters.
Government because of the arrest,
conviction and imprisonment of persons !!!!!6. Usama Bin Laden and al Qaeda
belonging to al Qaeda or its affiliated also forged alliances with the National
terrorist groups or those with whom it Islamic Front in the Sudan and with
worked. For these and other reasons, Bin representatives of the government of Iran,
Laden declared a jihad, or holy war, against and its associated terrorist group Hizballah,
the United States, which he has carried out for the purpose of working together against
through al Qaeda and its affiliated their perceived common enemies in the
organizations. West, particularly the United States.
!!!!!3. One of the principal goals of al !!!!!7. Since at least 1989, until the filing
Qaeda was to drive the United States armed of this Indictment, Usama Bin Laden and the
forces out of Saudi Arabia (and elsewhere terrorist group al Qaeda sponsored,
on the Saudi Arabian peninsula) and managed, and/or financially supported
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
training camps in Afghanistan, which camps be identified with the flight number of the
were used to instruct members and plane he hijacked.)
associates of al Qaeda and its affiliated
terrorist groups in the use of firearms, !!!!!10. On September 11, 2001, co-
explosives, chemical weapons, and other conspirators Marwan al-Shehhi, Fayez
weapons of mass destruction. In addition to Ahmed, a/k/a "Banihammad Fayez," Ahmed
providing training in the use of various al-Ghamdi, Hamza al-Ghamdi, and Mohald
weapons, these camps were used to conduct al-Shehri hijacked United Airlines Flight
operational planning against United States 175, bound from Boston to Los Angeles,
targets around the world and experiments in and crashed it into the South Tower of the
the use of chemical and biological weapons. World Trade Center in New York.
These camps were also used to train others
in security and counterintelligence methods, !!!!!11. On September 11, 2001, co-
such as the use of codes and passwords, and conspirators Khalid al-Midhar, Nawaf al-
to teach members and associates of al Qaeda Hazmi, Hani Hanjour, Salem al-Hamzi, and
about traveling to perform operations. For Majed Moqed hijacked American Airlines
example, al Qaeda instructed its members Flight 77, bound from Virginia to Los
and associates to dress in "Western" attire Angeles, and crashed it into the Pentagon.
and to use other methods to avoid detection
by security officials. The group also taught !!!!!12. On September 11, 2001, co-
its members and associates to monitor media conspirators Ziad Jarrah, Ahmed al-
reporting of its operations to determine the Haznawi, Saaed al-Ghamdi, and Ahmed al-
effectiveness of their terrorist activities. Nami hijacked United Airlines Flight 93,
bound from Newark to San Francisco, and
!!!!!8. Since in or about 1996, Usama Bin crashed it in Pennsylvania.
Laden and others operated al Qaeda from
their headquarters in Afghanistan. During The Defendant
this time, Bin Laden and others forged close
relations with the Taliban in Afghanistan. !!!!!13. ZACARIAS MOUSSAOUI, a/k/a
To that end, Bin Laden informed other al "Shaqil," a/k/a "Abu Khalid al Sahrawi,"
Qaeda members and associates outside was born in France of Moroccan descent on
Afghanistan of their support of, and alliance May 30, 1968. Before 2001 he was a
with, the Taliban. Bin Laden also endorsed a resident of the United Kingdom.
declaration of jihad (holy war) issued by the MOUSSAOUI held a masters degree from
"Ulema Union of Afghanistan." Southbank University in the United
Kingdom and traveled widely.
The September 11 Hijackers
MOUSSAOUI's Supporting Conspirators
!!!!!9. On September 11, 2001, co-
conspirators Mohammed Atta, Abdul !!!!!14. Ramzi Bin al-Shibh, a/k/a "Ahad
Alomari, Wail al-Shehri, Waleed al-Shehri, Sabet," a/k/a "Ramzi Mohamed Abdellah
and Satam al-Suqami hijacked American Omar," was born in Yemen on May 1, 1972.
Airlines Flight 11, bound from Boston to He entered Germany in or about 1995 and
Los Angeles, and crashed it into the North afterwards lived in Hamburg, where he
Tower of the World Trade Center in New shared an apartment with hijacker
York. (In this Indictment, each hijacker will Mohammed Atta (#11) in 1998 and 1999.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Bin al-Shibh also was employed with Atta
as a warehouse worker at a computer Overt Acts
company in Hamburg.
!!!!!In furtherance of the conspiracy, and
!!!!!15. Mustafa Ahmed al-Hawsawi, to effect its objects, the defendant, and
a/k/a "Mustafa Ahmed," was born in Jeddah, others known and unknown to the Grand
Saudi Arabia on August 5, 1968. Jury, committed the following overt acts:
The Charge The Provision of Guesthouses and

Training Camps
!!!!!16. From in or about 1989 until the
date of the filing of this Indictment, in the !!!!!1. At various times from at least as
Eastern District of Virginia, the Southern early as 1989, Usama Bin Laden, and others
District of New York, and elsewhere, the known and unknown, provided training
defendant, ZACARIAS MOUSSAOUI, camps and guesthouses in Afghanistan,
a/k/a "Shaqil," a/k/a "Abu Khalid al including camps known as Khalden,
Sahrawi," with other members and Derunta, Khost, Siddiq, and Jihad Wal, for
associates of al Qaeda and others known and the use of al Qaeda and its affiliated groups.
unknown to the Grand Jury, unlawfully,
wilfully and knowingly combined, The Training
conspired, confederated and agreed to kill
and maim persons within the United States, !!!!!2. At various times from at least as
and to create a substantial risk of serious early as 1990, unindicted co-conspirators,
bodily injury to other persons by destroying known and unknown, provided military and
and damaging structures, conveyances, and intelligence training in various areas,
other real and personal property within the including Afghanistan, Pakistan, and the
United States, in violation of the laws of Sudan, for the use of al Qaeda and its
States and the United States, in affiliated groups, including the Egyptian
circumstances involving conduct Islamic Jihad.
transcending national boundaries, and in
which facilities of interstate and foreign Financial and Business Dealings
commerce were used in furtherance of the
offense, the offense obstructed, delayed, and !!!!!3. At various times from at least as
affected interstate and foreign commerce, early as 1989 until the date of the filing of
the victim was the United States this Indictment, Usama Bin Laden, and
Government, members of the uniformed others known and unknown, engaged in
services, and officials, officers, employees, financial and business transactions on behalf
and agents of the governmental branches, of al Qaeda, including, but not limited to:
departments, and agencies of the United purchasing land for training camps;
States, and the structures, conveyances, and purchasing warehouses for storage of items,
other real and personal property were, in including explosives; purchasing
whole or in part, owned, possessed, and communications and electronics equipment;
leased to the United States and its transferring funds between corporate
departments and agencies, resulting in the accounts; and transporting currency and
deaths of thousands of persons on weapons to members of al Qaeda and its
September 11, 2001.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
associated terrorist organizations in various the others were "innocent," they would go to
countries throughout the world. paradise, and if they were not "innocent,"
they deserved to die.
The Efforts to Obtain Nuclear Weapons
and Their Components The August 1996 Declaration of War
!!!!!4. At various times from at least as !!!!!8. On or about August 23, 1996, a
early as 1992, Usama Bin Laden, and others Declaration of Jihad indicating that it was
known and unknown, made efforts to obtain from the Hindu Kush mountains in
the components of nuclear weapons. Afghanistan entitled, "Message from
Usamah Bin-Muhammad Bin-Laden to His
The Fatwahs Against American Troops Muslim Brothers in the Whole World and
in Saudi Arabia and Yemen Especially in the Arabian Peninsula:
Declaration of Jihad Against the Americans
!!!!!5. At various times from in or about Occupying the Land of the Two Holy
1992 until the date of the filing of this Mosques; Expel the Heretics from the
Indictment, Usama Bin Laden, working Arabian Peninsula" was disseminated.
together with members of the fatwah
committee of al Qaeda, disseminated The February 1998 Fatwah Against
fatwahs to other members and associates of American Civilians
al Qaeda that the United States forces
stationed on the Saudi Arabian peninsula, !!!!!9. In February 1998, Usama Bin
including both Saudi Arabia and Yemen, Laden endorsed a fatwah under the banner
should be attacked. of the "International Islamic Front for Jihad
on the Jews and Crusaders." This fatwah,
The Fatwah Against American Troops in published in the publication Al-Quds al-
Somalia Àrabi on February 23, 1998, stated that
Muslims should kill Americans - including
!!!!!6. At various times from in or about civilians - anywhere in the world where they
1992 until in or about 1993, Usama Bin can be found.
Laden, working together with members of
the fatwah committee of al Qaeda, !!!!!10. In an address in or about 1998,
disseminated fatwahs to other members and Usama Bin Laden cited American
associates of al Qaeda that the United States aggression against Islam and encouraged a
forces stationed in the Horn of Africa, jihad that would eliminate the Americans
including Somalia, should be attacked. from the Arabian Peninsula.
The Fatwah Regarding Deaths of Bin Laden Endorses the Nuclear Bomb
Nonbelievers of Islam
!!!!!7. On various occasions, an !!!!!11. On or about May 29, 1998, Usama

unindicted co-conspirator advised other Bin Laden issued a statement entitled "The
members of al Qaeda that it was Islamically Nuclear Bomb of Islam," under the banner
proper to engage in violent actions against of the "International Islamic Front for
"infidels" (nonbelievers), even if others Fighting the Jews and the Crusaders," in
might be killed by such actions, because if which he stated that "it is the duty of the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Muslims to prepare as much force as
possible to terrorize the enemies of God." !!!!!17. At various times in 2000 and
2001, in Florida, Mohammed Atta (#11)
Usama Bin Laden Issues Further Threats made inquiries regarding starting a crop
in June 1999 dusting company.
!!!!!12. In or about June 1999, in an Hijackers Receive Flight Training

interview with an Arabic-language
television station, Usama Bin Laden issued a !!!!!18. On or about June 3, 2000,
further threat indicating that all American Mohammed Atta (#11) traveled to the
males should be killed. United States from Prague, Czech Republic.
Usama Bin Laden Calls for "Jihad" to !!!!!19. In or about early July 2000,
Free Imprisoned Terrorists Mohammed Atta (#11) and Marwan al-
Shehhi (#175) visited the Airman Flight
!!!!!13. In or about September 2000, in an School in Norman, Oklahoma.
interview with an Arabic-language
television station, Usama Bin Laden called !!!!!20. Between in or about July 2000
for a "jihad" to release the "brothers" in jail and in or about December 2000, Mohamed
"everywhere." Atta (#11) and Marwan al-Shehhi (#175)
attended flight training classes at Huffman
MOUSSAOUI Trains at Al Qaeda Aviation in Venice, Florida.
Training Camp
Money is Moved to the Hijackers
!!!!!14. In or about April 1998,
ZACARIAS MOUSSAOUI was present at !!!!!21. On or about June 29, 2000, $4,790
the al Qaeda-affiliated Khalden Camp in was wired from the United Arab Emirates
Afghanistan. ("UAE") to Marwan al-Shehhi (#175) in
Manhattan.
The German Cell
!!!!!22. On or about July 19, 2000, $9,985
!!!!!15. Beginning in and about 1998, was wired from UAE into a Florida
Ramzi Bin al-Shibh, Mohammed Atta (#11), SunTrust bank account in the names of
Marwan al-Shehhi (#175), and Ziad Jarrah Mohammed Atta (#11) and Marwan al-
(#93), and others, formed and maintained an Shehhi (#175).
al Qaeda terrorist cell in Germany.
!!!!!23. On or about July 26, 2000, in
Hijackers Travel to the United States Germany, Ramzi Bin al-Shibh wired money
to Marwan al-Shehhi (#175) in Florida.
!!!!!16. On or about January 15, 2000,
Khalid al-Midhar (#77) and Nawaf al-Hazmi !!!!!24. On or about August 7, 2000,
(#77) traveled from Bangkok, Thailand, to $9,485 was wired from UAE into a Florida
Los Angeles, California. SunTrust bank account in the names of
Mohammed Atta (#11) and Marwan al-
Atta (#11) Inquires About Aerial Shehhi (#175).
Application of Pesticides
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!!!!!25. On or about August 30, 2000, visa to travel to the United States. This visa
$19,985 was wired from UAE into a Florida application was denied.
SunTrust bank account in the names of
Mohammed Atta (#11) and Marwan al- Bin al-Shibh Sends Money to al-Shehhi
Shehhi (#175). (#175)
!!!!!26. On or about September 18, 2000, !!!!!33. On or about September 25, 2000,
$69,985 was wired from UAE into a Florida in Hamburg, Germany, Ramzi Bin al-Shibh
SunTrust bank account in the names of sent money via wire transfer to Marwan al-
Mohamed Atta (#11) and Marwan al-Shehhi Shehhi (#175) in Florida.
(#175).
MOUSSAOUI Inquires About Flight
Jarrah (#93) Attempts to Enroll Bin al- Training
Shibh in Flight Training Courses
!!!!!34. On or about September 29, 2000,
!!!!!27. In or about August 2000, Ziad ZACARIAS MOUSSAOUI contacted
Jarrah (#93) attempted to enroll Ramzi Bin Airman Flight School in Norman, Oklahoma
al-Shibh in a flight school in Florida. using an e-mail account he set up on
September 6 with an internet service
!!!!!28. On or about May 17, 2000, in provider in Malaysia.
Germany, Ramzi Bin al-Shibh applied for a
visa to travel to the United States, listing a !!!!!35. In or about October 2000,
German telephone number ("German ZACARIAS MOUSSAOUI received letters
Telephone #1") . This visa application was from Infocus Tech, a Malaysian company,
denied. stating that MOUSSAOUI was appointed
Infocus Tech's marketing consultant in the
!!!!!29. On or about June 15, 2000, in United States, the United Kingdom, and
Germany, Ramzi Bin al-Shibh applied for a Europe, and that he would receive, among
visa to travel to the United States. This visa other things, an allowance of $2500 per
application was denied. month.
!!!!!30. On or about August 14, 2000, in Atta (#11) Purchases Flight Training
Yemen, Ramzi Bin al-Shibh arranged to Equipment
wire money from his account in Germany to
the account of a flight training school in !!!!!36. On or about November 5, 2000,
Florida. Mohammed Atta (#11) purchased flight
deck videos for the Boeing 747 Model 200,
!!!!!31. On or about September 15, 2000, Boeing 757 Model 200, and other items
in Yemen, Ramzi Bin al-Shibh applied for a from a pilot store in Ohio ("Ohio Pilot
visa to travel to the United States, listing a Store").
residence in Hamburg, Germany. This visa
application was denied in September 2000. Bin al-Shibh Travels to London
!!!!!32. On or about October 25, 2000, in !!!!!37. Between on or about December 2

Germany, Ramzi Bin al-Shibh applied for a and December 9, 2000, Ramzi Bin al-Shibh
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
traveled from Hamburg, Germany to !!!!!44. On or about February 23, 2001,
London, England. ZACARIAS MOUSSAOUI flew from
London, England to Chicago, Illinois,
MOUSSAOUI Travels from London to declaring at least $35,000 cash on his
Pakistan Customs declaration, and then from Chicago
to Oklahoma City, Oklahoma.
!!!!!38. On or about December 9, 2000,
ZACARIAS MOUSSAOUI flew from !!!!!45. On or about February 26, 2001,
London, England to Pakistan. ZACARIAS MOUSSAOUI opened a bank
account in Norman, Oklahoma, depositing
Atta (#11) Purchases More Flight approximately $32,000 cash.
Training Equipment
!!!!!46. Between on or about February 26,
!!!!!39. On or about December 11, 2000, 2001, and on or about May 29, 2001,
Mohammed Atta (#11) purchased flight ZACARIAS MOUSSAOUI attended the
deck videos for the Boeing 767 Model Airman Flight School in Norman,
300ER and the Airbus A320 Model 200 Oklahoma, ending his classes early.
from the Ohio Pilot Store.
Nawaf al-Hazmi (#77) Purchases Flight
Flight Training and Exercise Training Equipment
!!!!!40. Between in or about January 2001 !!!!!47. On or about March 19, 2001,
and March 2001, Hani Hanjour (#77) Nawaf al-Hazmi (#77) purchased flight deck
attended pilot training courses in Phoenix, videos for the Boeing 747 Model 400, the
Arizona, including at Pan Am International Boeing 747 Model 200 and the Boeing 777
Flight Academy. Model 200, and another video from the Ohio
Pilot Store.
!!!!!41. Between on or about February 1,
2001, and on or about February 15, 2001, MOUSSAOUI Joins a Gym
Mohammed Atta (#11) and Marwan al-
Shehhi (#175) took a flight check ride !!!!!48. In or about March 2001,
around Decatur, Georgia. ZACARIAS MOUSSAOUI joined a gym in
Norman, Oklahoma.
!!!!!42. In or about February 2001,
Mohammed Atta (#11) and Marwan al- Hijackers Travel to and Within the
Shehhi (#175) attended a health club in United States
Decatur, Georgia.
!!!!!49. On or about April 1, 2001, Nawaf
MOUSSAOUI Comes to the United al-Hazmi (#77) was in Oklahoma.
States
!!!!!50. Between on or about April 23,
!!!!!43. On or about February 7, 2001, 2001, and on or about June 29, 2001, Satam
ZACARIAS MOUSSAOUI flew from alSuqami (#11), Waleed al-Shehri (#11),
Pakistan to London, England. Ahmed al-Ghamdi (#175), Majed Moqed
(#77), Marwan al-Shehhi (#175),
Mohammed Atta (#11), Ahmed al-Nami
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(#93), Hamza al-Ghamdi (#175), Mohald al- MOUSSAOUI Purchases Flight Training
Shehri (#175), Wail al-Shehri (#11), Ahmed Equipment
al-Haznawi (#93), Fayez Ahmed (#175), and
Salem al-Hazmi (#77) traveled from various !!!!!56. On or about June 20, 2001,
points in the world to the United States. ZACARIAS MOUSSAOUI purchased flight
deck videos for the Boeing 747 Model 400
MOUSSAOUI Contacts a Commercial and the Boeing 747 Model 200 from the
Flight School Ohio Pilot Store.
!!!!!51. On or about May 23, 2001, Al-Hawsawi and Fayez Ahmed (#175)
ZACARIAS MOUSSAOUI contacted an Open UAE Bank Accounts
office of the Pan Am International Flight
Academy in Miami, Florida via e-mail. !!!!!57. On June 25, 2001, Mustafa
Ahmed al-Hawsawi used a cash deposit to
Hijackers Open Bank Accounts open a checking account at a Standard
Chartered Bank branch in Dubai, UAE.
!!!!!52. In Summer 2001, Fayez Ahmed
(#175), Saeed al-Ghamdi (#93), Hamza al- !!!!!58. On June 25, 2001, at the same
Ghamdi (#175), Waleed al-Shehri (#11), Standard Chartered Bank branch in Dubai,
Ziad Jarrah (#93), Satam al-Suqami (#11), UAE, Fayez Ahmed (#175) used a cash
Mohald al-Shehri (#175), Ahmed al-Nami (# deposit to open a savings account and also
93), and Ahmed al-Haznawi (#93) each opened a checking account.
opened a Florida SunTrust bank account
with a cash deposit. Atta (#11) and al-Shehhi (#175)
Purchase a Knife
MOUSSAOUI Inquires About Aerial
Application of Pesticides !!!!!59. On or about July 8, 2001,
Mohammed Atta (#11) purchased a knife in
!!!!!53. In or about June 2001, in Norman, Zurich, Switzerland.
Oklahoma, ZACARIAS MOUSSAOUI
made inquiries about starting a crop dusting MOUSSAOUI Pays for Flight Lessons
company.
!!!!!60. On or about July 10 and July 11,
Other Hijackers Attend Gym Training 2001, ZACARIAS MOUSSAOUI made
credit card payments to the Pan Am
!!!!!54. Between May and July 2001, in International Flight Academy for a simulator
Florida, Ziad Jarrah (#93) joined a gym and course in commercial flight training.
took martial arts lessons, which included
instruction in kickboxing and knife fighting. Fayez Ahmed (#175) Gives Al-Hawsawi
Control Over UAE Account
!!!!!55. In or about June 2001, in Florida,
Waleed al-Shehri (#11), Marwan al-Shehhi !!!!!61. On July 18, 2001, Fayez Ahmed
(#175) and Satam al-Suqami (#11) joined a (#175) gave power of attorney to Mustafa
gym. Ahmed al-Hawsawi for Fayez Ahmed's
Standard Chartered Bank accounts in UAE.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!!!!!62. On July 18, 2001, using his power
of attorney, Al-Hawsawi picked up Fayez Jarrah (#93) Returns to the United States
Ahmed's VISA and ATM cards in UAE. from Germany
!!!!!63. Between July 18 and August 1, !!!!!69. On or about August 4, 2001, Ziad
2001, Mustafa Ahmed al-Hawsawi caused Jarrah (#93) traveled from Germany to the
Fayez Ahmed's VISA and ATM cards to be United States.
shipped from UAE to Fayez Ahmed in
Florida. (The VISA card was then used for MOUSSAOUI Travels from Oklahoma
the first time on August 1, 2001, in Florida.) to Minnesota
Jarrah (#93) Travels to Germany !!!!!70. On or about August 9 and August

10, 2001, ZACARIAS MOUSSAOUI was
!!!!!64. On or about July 25, 2001, Ziad driven from Oklahoma to Minnesota.
Jarrah (#93) traveled from the United States
to Germany. MOUSSAOUI Takes Commercial Flying
Lessons in Minnesota
Bin al-Shibh Moves Money to
MOUSSAOUI from UAE !!!!!71. On or about August 10, 2001, in
Minneapolis, Minnesota, ZACARIAS
!!!!!65. Between on or about July 29 and MOUSSAOUI paid approximately $6,300 in
August 2, 2001, in Norman, Oklahoma, cash to the Pan Am International Flight
ZACARIAS MOUSSAOUI made several Academy.
telephone calls from public telephones to a
number in Duesseldorf, Germany ("German !!!!!72. Between August 13 and August
Telephone # 2"). 15, 2001, ZACARIAS MOUSSAOUI
attended the Pan Am International Flight
!!!!!66. On or about July 30 and 31, 2001, Academy in Minneapolis, Minnesota, for
in Hamburg, Germany, Ramzi Bin al-Shibh, simulator training on the Boeing 747 Model
using the name "Ahad Sabet," received two 400.
wire transfers, totaling approximately
$15,000, from "Hashim Abdulrahman" in MOUSSAOUI Possesses Knives and
UAE. Other Items
!!!!!67. On or about August 1 and 3, 2001, !!!!!73. On or about August 16, 2001,
Ramzi Bin al-Shibh, using the name "Ahad ZACARIAS MOUSSAOUI possessed,
Sabet," wired approximately $14,000 in among other things:
money orders to ZACARIAS MOUSSAOUI
in Oklahoma from train stations in • two knives;
Dusseldorf and Hamburg, Germany.
• a pair of binoculars;
MOUSSAOUI Purchases Knives
• flight manuals for the Boeing 747
!!!!!68. On or about August 3, 2001, Model 400;
ZACARIAS MOUSSAOUI purchased two
knives in Oklahoma City, Oklahoma.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
• a flight simulator computer program;
!!!!!76. On or about August 22, 2001,
• fighting gloves and shin guards; Fayez Ahmed (#175) used his VISA card in
Florida to obtain approximately $4,900 cash,
• a piece of paper referring to a handheld which had been deposited into his Standard
Global Positioning System receiver and a Chartered Bank account in UAE the day
camcorder; before.
• software that could be used to review !!!!!77. On or about August 22, 2001, in
pilot procedures for the Boeing 747 Model Miami, Florida, Ziad Jarrah (#93) purchased
400; an antenna for a Global Positioning System
("GPS"), other GPS related equipment, and
• a notebook listing German Telephone schematics for 757 cockpit instrument
#1, German Telephone #2, and the name diagrams. (GPS allows an individual to
"Ahad Sabet;" navigate to a position using coordinates pre-
programmed into the GPS unit.)
• letters indicating that MOUSSAOUI is
a marketing consultant in the United States !!!!!78. On or about August 25, 2001,
for Infocus Tech; Khalid al-Midhar and Majed Moqed
purchased with cash tickets for American
• a computer disk containing information Airlines Flight 77, from Virginia to Los
related to the aerial application of pesticides; Angeles, California, scheduled for
and September 11, 2001.
• a hand-held aviation radio. !!!!!79. On or about August 26, 2001,

Waleed al-Shehri and Wail al-Shehri made
MOUSSAOUI Lies to Federal Agents reservations on American Airlines Flight 11,
from Boston, Massachusetts, to Los
!!!!!74. On or about August 17, 2001, Angeles, California, scheduled for
ZACARIAS MOUSSAOUI, while being September 11, 2001, listing a telephone
interviewed by federal agents in number in Florida ("Florida Telephone #1")
Minneapolis, attempted to explain his as a contact number.
presence in the United States by falsely
stating that he was simply interested in !!!!!80. On or about August 27, 2001,
learning to fly. reservations for electronic, one-way tickets
were made for Fayez Ahmed and Mohald al-
Jarrah (#93) Undertakes "Check Ride" At Shehri, for United Airlines Flight 175, from
Flight School Boston, Massachusetts, to Los Angeles,
California, scheduled for September 11,
!!!!!75. On or about August 17, 2001, 2001, listing Florida Telephone Number #1
Ziad Jarrah (#93) undertook a "check ride" as a contact number.
at a flight school in Fort Lauderdale,
Florida. !!!!!81. On or about August 27, 2001,
Nawaf al-Hazmi and Salem al-Hazmi
Final Preparations for the Coordinated booked flights on American Airlines Flight
Air Attack 77.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
The Hijackers Return Excess Money to
!!!!!82. On or about August 28, 2001, Al-Hawsawi in UAE
Satam al-Suqami purchased a ticket with
cash for American Airlines Flight 11. !!!!!91. On or about September 6, 2001,
approximately $8,055 was wired from Fayez
!!!!!83. On or about August 28, 2001, Ahmed's (#175) Florida SunTrust account to
Mohammed Atta and Abdulaziz Alomari the Standard Chartered Bank account over
reserved two seats on American Airlines which Al-Hawsawi had power of attorney.
Flight 11, listing Florida Telephone #1 as a
contact number. !!!!!92. On or about September 8, 2001,
an Arab male retrieved the package from
!!!!!84. On or about August 29, 2001, Mohammed Atta (#11) at FedEx in Dubai,
Ahmed al-Ghamdi and Hamza al-Ghamdi UAE.
reserved electronic, one-way tickets for
United Airlines Flight 175. !!!!!93. On September 8, 2001,
Mohammed Atta (#11) wired $2,860 to
!!!!!85. On or about August 29, 2001, "Mustafa Ahmed" in UAE.
Ahmed al-Haznawi purchased a ticket on
United Airlines Flight 93 from Newark, !!!!!94. On September 8, 2001,
New Jersey, to San Francisco, California, Mohammed Atta (#11) wired $5,000 to
scheduled for September 11, 2001. "Mustafa Ahmed" in UAE.
!!!!!86. On or about August 30, 2001, !!!!!95. On September 9, 2001, Waleed

Mohammed Atta (#11) purchased a utility M. al-Shehri (#11) wired $5,000 to
tool that contained a knife. "Ahamad Mustafa" in UAE.
!!!!!87. On or about September 3, 2001, in !!!!!96. On September 10, 2001, Marwan

Hamburg, Germany, Ramzi Bin al-Shibh, al-Shehhi (#175) wired $5,400 to "Mustafa
using the name "Ahad Sabet," received Ahmad" in UAE.
approximately $1500 by wire transfer from
"Hashim Ahmed" in UAE. !!!!!97. On September 11, 2001, in UAE,
approximately $16,348 was deposited into
!!!!!88. On or about September 4, 2001, Al-Hawsawi's Standard Chartered Bank
Mohammed Atta (#11) sent a FedEx account.
package from Florida to UAE.
!!!!!98. On September 11, 2001, in UAE,
!!!!!89. On or about September 5, 2001, at about 9:22 a.m. local time (the early
Ramzi Bin al-Shibh traveled from morning hours of Eastern Daylight Time),
Dusseldorf, Germany, to Madrid, Spain, and Mustafa Ahmed al-Hawsawi moved
did not return to Germany. approximately $6,534 from the $8,055 in
Fayez Ahmed's (#175) Standard Chartered
!!!!!90. On or about September 6, 2001, Bank account into his own account, using a
Satam al-Suqami (#11) and Abdulaziz check dated September 10, 2001 and signed
Alomari (#11) flew from Florida to Boston. by Fayez Ahmed; Al-Hawsawi then
withdrew approximately $1,361, nearly all
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the remaining balance in Ahmed's account, 175, a Boeing 767, which had departed from
by ATM cash withdrawal. Boston at approximately 8:15 a.m. They
flew Flight 175 into the South Tower of the
!!!!!99. On September 11, 2001, in UAE, World Trade Center in Manhattan at
approximately $40,871 was prepaid to a approximately 9:05 a.m., causing the
VISA card connected to Al-Hawsawi's collapse of the tower and the deaths of
Standard Chartered Bank account. thousands of persons.
The September 11, 2001 Terrorist !!!!!106. On or about September 11, 2001,
Attacks Khalid al-Midhar, Majed Moqed, Nawaf al-
Hazmi, Salem al-Hazmi, and Hani Hanjour
!!!!!100. On or about September 11, 2001, hijacked American Airlines Flight 77, a
the hijackers possessed a handwritten set of Boeing 757, which had departed from
final instructions for a martyrdom operation Virginia bound for Los Angeles, at
on an airplane using knives. approximately 8:10 a.m. They flew Flight 77
into the Pentagon in Virginia at
!!!!!101. On or about September 11, 2001, approximately 9:40 a.m., causing the deaths
Mohammed Atta (#11) and Abdulaziz of 189 persons.
Alomari (#11) flew from Portland, Maine to
Boston, Massachusetts. !!!!!107. On or about September 11, 2001,
Saeed al-Ghamdi, Ahmed al-Nami, Ahmed
!!!!!102. On or about September 11, 2001, al-Haznawi, and Ziad Jarrah hijacked United
Mohammed Atta (#11) possessed operating Airlines Flight 93, a Boeing 757, which had
manuals for the Boeing 757 and 767, pepper departed from Newark, New Jersey bound
spray, knives, and German travel visas. for San Francisco at approximately 8:00
a.m. After resistance by the passengers,
!!!!!103. On or about September 11, 2001, Flight 93 crashed in Somerset County,
Ziad Jarrah (#93) possessed flight manuals Pennsylvania at approximately 10:10 a.m.,
for Boeing 757 and 767 aircraft. killing all on board.
!!!!!104. On or about September 11, 2001, Al-Hawsawi Flees the U.A.E. for
Mohammed Atta, Abdul Aziz Alomari, Pakistan
Satam al-Suqami, Waleed M. al-Shehri, and
Waleed al-Shehri hijacked American !!!!!108. On September 11, 2001, Mustafa
Airlines Flight 11, a Boeing 767, which had Ahmed al-Hawsawi left the U.A.E. for
departed Boston at approximately 7:55 a.m. Pakistan.
They flew Flight 11 into the North Tower of
the World Trade Center in Manhattan at !!!!!109. On September 13, 2001, the
approximately 8:45 a.m., causing the VISA card connected to Al-Hawsawi's
collapse of the tower and the deaths of account was used to make six ATM
thousands of persons. withdrawals in Karachi, Pakistan.
!!!!!105. On or about September 11, 2001, A Co-Conspirator Calls On Muslims To

Hamza al-Ghamdi, Fayez Ahmed, Mohald Fight The United States
al-Shehri, Ahmed al-Ghamdi, and Marwan
al-Shehhi hijacked United Airlines Flight
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!!!!!110. On or about October 7, 2001, in of force and violence, and intimidation, and
Afghanistan, Ayman al-Zawahiri called on with wrongful intent, with the result that
Muslims to join the battle against the United thousands of people died on September 11,
States. 2001.
Bin Laden Praises The September 11 Overt Acts

Attack And Threatens More Attacks
!!!!!3. In furtherance of the conspiracy,
!!!!!111. On or about October 7, 2001, in and to effect its illegal objects, the
Afghanistan, Usama Bin Laden praised the defendant, and others known and unknown
September 11 attack, and vowed that the to the Grand Jury, committed the overt acts
United States would not "enjoy security" set forth in Count One of this Indictment,
before "infidel armies leave" the Saudi Gulf. which are fully incorporated by reference.
A Co-Conspirator Solicits Violence (In violation of Title 49, United States

Against United States Nationals Code, Sections 46502(a)(1)(A) and
(a)(2)(B).)
!!!!!112. On or about October 10, 2001,
Sulieman Abu Ghaith announced, on behalf COUNT THREE
of al Qaeda, that all Muslims had a duty to (Conspiracy to Destroy Aircraft)
attack United States targets around the
world. !!!!!1. The allegations contained in Count
One are repeated.
(In violation of Title 18, United States
Code, Sections 2332b(a)(2) and 2332b(c).) !!!!!2. From in or about 1989 until the
date of the filing of this Indictment, in the
COUNT TWO Eastern District of Virginia, the Southern
(Conspiracy to Commit Aircraft Piracy) District of New York, and elsewhere, the
defendant, ZACARIAS MOUSSAOUI,
!!!!!1. The allegations contained in Count a/k/a "Shaqil," a/k/a "Abu Khalid al
One are repeated. Sahrawi," and other members and associates
of al Qaeda and others known and unknown
!!!!!2. From in or about 1989 until the to the Grand Jury, unlawfully, wilfully and
date of the filing of this Indictment, in the knowingly combined, conspired,
Eastern District of Virginia, the Southern confederated and agreed to willfully destroy
District of New York, and elsewhere, the and wreck aircraft in the special aircraft
defendant, ZACARIAS MOUSSAOUI, jurisdiction of the United States, and to
a/k/a "Shaqil," a/k/a "Abu Khalid al willfully perform acts of violence against
Sahrawi," and other members and associates and incapacitate individuals on such aircraft,
of al Qaeda and others known and unknown so as likely to endanger the safety of such
to the Grand Jury, unlawfully, wilfully and aircraft, resulting in the deaths of thousands
knowingly combined, conspired, of persons on September 11, 2001.
confederated and agreed to commit aircraft
piracy, by seizing and exercising control of Overt Acts
aircraft in the special aircraft jurisdiction of
the United States by force, violence, threat
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!!!!!3. In furtherance of the conspiracy, set forth in Count One of this Indictment,
and to effect its illegal objects, the which are fully incorporated by reference.
defendant, and others known and unknown
to the Grand Jury, committed the overt acts (In violation of Title 18, United States
set forth in Count One of this Indictment, Code, Section 2332a(a).)
which are fully incorporated by reference.
COUNT FIVE
(In violation of Title 18, United States (Conspiracy to Murder United States
Code, Sections 32(a)(7) and 34.) Employees)
COUNT FOUR !!!!!1. The allegations contained in Count

(Conspiracy to Use Weapons of Mass One are repeated.
Destruction)
!!!!!2. From in or about 1989 until the
!!!!!1. The allegations contained in Count date of the filing of this Indictment, in the
One are repeated. Eastern District of Virginia, the Southern
District of New York, and elsewhere, the
!!!!!2. From in or about 1989 until the defendant, ZACARIAS MOUSSAOUI,
date of the filing of this Indictment, in the a/k/a "Shaqil," a/k/a "Abu Khalid al
Eastern District of Virginia, the Southern Sahrawi," and other members and associates
District of New York, and elsewhere, the of al Qaeda and others known and unknown
defendant, ZACARIAS MOUSSAOUI, to the Grand Jury, unlawfully, wilfully and
a/k/a "Shaqil," a/k/a "Abu Khalid al knowingly combined, conspired,
Sahrawi," and other members and associates confederated and agreed to kill officers and
of al Qaeda and others known and unknown employees of the United States and agencies
to the Grand Jury, unlawfully, wilfully and and branches thereof, while such officers
knowingly combined, conspired, and employees were engaged in, and on
confederated and agreed to use weapons of account of, the performance of their official
mass destruction, namely, airplanes intended duties, and persons assisting such employees
for use as missiles, bombs, and similar in the performance of their duties, in
devices, without lawful authority against violation of Section 1114 of Title 18, United
persons within the United States, with the States Code, including members of the
results of such use affecting interstate and Department of Defense stationed at the
foreign commerce, and against property that Pentagon.
was owned, leased and used by the United
States and by departments and agencies of Overt Acts
the United States, with the result that
thousands of people died on September 11, !!!!!3. In furtherance of the conspiracy,
2001. and to effect its illegal objects, the
defendant, and others known and unknown
Overt Acts to the Grand Jury, committed the overt acts
set forth in Count One of this Indictment,
!!!!!3. In furtherance of the conspiracy, which are fully incorporated by reference.
and to effect its illegal objects, the
defendant, and others known and unknown (In violation of Title 18, United States
to the Grand Jury, committed the overt acts Code, Sections 1114 and 1117.)
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
COUNT SIX __________________________

(Conspiracy to Destroy Property of the
United States) FOREPERSON
!!!!!1. The allegations contained in Count MICHAEL CHERTOFF

One are repeated. ASSISTANT ATTORNEY GENERAL
!!!!!2. From in or about 1989 until the PAUL J. McNULTY

date of the filing of this Indictment, in the UNITED STATES ATTORNEY
Eastern District of Virginia, the Southern EASTERN DISTRICT OF VIRGINIA
District of New York, and elsewhere, the
defendant, ZACARIAS MOUSSAOUI, !MARY JO WHITE
a/k/a "Shaqil," a/k/a "Abu Khalid al UNITED STATES ATTORNEY
Sahrawi," and other members and associates SOUTHERN DISTRICT OF NEW YORK
of al Qaeda and others known and unknown
to the Grand Jury, unlawfully, wilfully and
knowingly combined, conspired,
confederated and agreed to maliciously 4.F.4 Investigative focus on young
damage and destroy, by means of fire and men from Muslim countries.
explosives, buildings, vehicles, and other [© Oregon Public Broad-
real and personal property used in interstate casting, 21 November and 30
and foreign commerce and in activities November 2001.]
affecting interstate and foreign commerce,
and buildings, vehicles, and other personal http://www2.opb.org/nwnews/trans01/ppbint
and real property in whole and in part owned erviews.asp
and possessed by, and leased to, the United
States and its departments and agencies, and http://www2.opb.org/nwnews/trans01/refash
as a result of such conduct directly and .asp
proximately caused the deaths of thousands
of persons on September 11, 2001, including
hundreds of public safety officers 5 Perspectives. [14-18 October]
performing duties as a direct and proximate Views and assessments.
result of the said damage and destruction.
Overt Acts 5.Week Bruce Larkin: “Why This is

Not a War, And Why It Is
!!!!!3. In furtherance of the conspiracy, Important to Understand that
and to effect its illegal objects, the This is Not a War”. 17
defendant, and others known and unknown October 2001.
to the Grand Jury, committed the overt acts
set forth in Count One of this Indictment, http://www.learnworld.com/DRAFTS/DRA
which are fully incorporated by reference. FT.2001.10.17.NotAWar.html
(In violation of Title 18, United States http://www.learnworld.com/DRAFTS/DRA

Code, Sections 844(f), (i), and (n).) FT.2001.10.17.NotAWar.pdf
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
• Those responsible for the attack do not
constitute a political unit.
Why This is Not a War And while there is no doubt that the United
States and Britain brought war-fighting
and capabilities into play when they began
attacking targets in Afghanistan on 14
Why It Is Important October, it is as if this were the only
dramatic action available to them, rather
than an action which could be effective
to Understand against the dangers exposed on 9.11. Among
the attack’s drawbacks are that
This Is Not a War
• Use of military force against “Al Qaeda
and those who harbor it” necessarily
harms many more—if not altogether
The Problem ‘innocents’ then ‘bystanders’ and
‘locals’—than the small group which
September 11th, 2001: four passenger acted against the United States. In turn,
aircraft are seized in the air, and the suicide the attack fuels resentment and creates
hijackers strike the twin towers of the World conditions favorable for recruitment into
Trade Center in New York and a section of ‘terrorist acts’.
the Pentagon. The towers fall. GW Bush
declares a ‘war on terrorism’. American • The means of war—bombardment,
media fill with ‘America’s new war’. The invasion, assault—are ill-suited to
US and British militaries are set in motion, prevention of future attacks.
and on 7 October launch piloted and
pilotless air strikes into Afghanistan.
What Military Means Can Accomplish
Why Is This Not a War? There could be reasons to use military

force nonetheless. The best argument for
How America defines the problem military force runs something like this: there
posed by 9.11 will largely guide its strategy are “thousands” training in Afghanistan
of response. This is why it matters so much from whom Al Qaeda can recruit attackers,
whether we adopt the White House framing and only by destroying their training camps
of ‘attack on America’ and its response, a can the reservoir of recruits—subject to the
‘war on terrorism’. Who is the enemy? and closed world of a fundamentalist creed and
what methods are best-suited? There are the bonding of men bent on great deeds—be
several reasons why Americans mislead dried up. A second argument which must
themselves, and misrepresent themselves to have had force among Pentagon and MoD
the world, if they insist that they are in a planners is that raw destruction in a state
‘war’, a ‘war on terrorism’. ‘harboring terrorists’ warns other states of
the consequences of refusing to cooperate on
• There is no army to fight against. request.
Are these arguments compelling? They
• The actual ‘attack on America’ was are, if there are no other places where small
carried out by only 19 men. secret groups could recruit the disaffected to
Holy War, and if the United States and
Britain would judge it in their interest to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
unleash destruction—on, say, Baghdad or • An outlaw act. The ‘outlaw’ is a person
Teheran or Rome—if they believed a who, judged to have committed serious
government to be inadequately responsive to crimes, endeavors to remain outside the
a request for cooperation. Sober workings of the criminal law. In so
consideration suggests that neither doing, he or she gives up the protections
requirement can be met. which criminal process affords. In
Targeting Al Qaeda training camps Iceland a thousand years ago refusal to
places a premium on trainees’ successful obey an order to go into exile meant
exfiltration from Afghanistan to other exposure to the risk of being killed on
countries. Some remain to fight, some move sight.
on. Disruption and attention may make
movement more difficult, but press reports While the hijackers have removed
tell of ‘refugees’ making their way to both themselves from the law, those who
Iran and Pakistan. knowingly aided them have not.
Military means offer the prospect of
‘victory’ to the US-British force. They do The problem posed by this
not, however, speak to the problem characterization is that the United States
presented by the 9.11 attacks. will simply declare or decide who are
‘outlaws’ and simultaneously empower
itself with the right to kill. The name for
How Can We Best Understand the 9.11 this is vigilantism. As GW Bush said, he
Attacks? would like Osama bin Laden “dead or
alive.” Dick Cheney agreed he would
There are several suggestive analogies have bin Laden’s “head on a platter.”
to the situation presented to the United
States on 9.11: • An anarchist attack.. By killing—by
assassination, or even by bombing a
• A criminal act. There is no question that public place—some anarchists have
whoever knowingly contributed to the sought to use violence to show the
hijackings and attacks of 9.11 have weakness of government, undermine
committed criminal deeds, heinous and government, and so attack the practice of
dark. governance itself.
There exist ready institutions of law The 9.11 attackers oppose not
enforcement to pursue and seize those governance, but a specific government
who commit murder or who are and society, its interference in their
accessories to murder. world and the global spread of its
cultural practices.
• An act of piracy. Among the earliest
problems faced by nascent states was • A clandestine operation. Certainly the
how to address the threat of pirates on 9.11 attackers organized secretly,
the high seas. It was early agreed that borrowing the techniques of spies and
pirates were outlaws who could be secret operatives to prepare and carry out
seized and dealt with by whoever could. the attack. The support, paraphernalia,
and methods on which they
Traditional pirates sought booty. The relied—money transfers, false papers,
9.11 attackers did not. But their methods casing targets, acquiring special skills,
and organization share many parallels misrepresentation, ‘need to know’—are
with those of pirates. the stuff of the ‘secret world’.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
showing in the case of Palestine—to
This most closely captures the acknowledge community calls for
recruitment, organization, planning, and independence and autonomy.
execution of the 9.11 attacks. A prime difference between the age of
piracy and today is that the United Nations
exists. The UN Charter accords the UN
Then What Are the Best Means With Security Council “primary responsibility for
Which to Respond? the maintenance of international peace and
security.” It was in that vein that the United
The law enforcement analogy dictates States secured UNSC Resolution 1368 on
how ‘justice must be done’: by securing the day after the 9.11 attacks. But the United
those responsible and bringing them before a States was careful in its drafting to make
court of justice. [This stands in contrast to room for its unilateralist predilections: so
the vigilantism model, with its problems, Resolution 1368 recognizes in the brief
noted above.] preamble “the inherent right of individual or
The attack was a clandestine operation, collective self-defence in accordance with
and it is only by clandestine means, the Charter.”
complementing those of day-to-day law But politics is all. To secure the needed
enforcement, that secret operations can be cooperation of other states to prevent future
identified, disrupted, and exposed. terrorist acts where possible, and to render
There are strong analogies to piracy. the preparation of such acts more difficult,
The instinct to seek global cooperation was the United States must undertake a sustained
sound, just as there was a global consensus and good-faith effort to align its ‘anti-
against piracy centuries ago. Many terrorist’ initiatives with the legitimate
observers have pointed out since 9.11 that interests of other states, winning effective
the surveillance capabilities of a large cooperation from their police and
number of governments are better-sited and clandestine services, and avoiding steps
better-suited to identifying those involved in which render it politically more difficult for
the 9.11 attacks, and those who might states to accord cooperation. Unilateral, or
undertake future attacks, than are those of near-unilateral, military means compromise
the United States and Britain. possibilities for effective cooperation in
It should surprise no one, however, that those states where that cooperation is most
just as there were fundamental differences needed and most vulnerable.
about who was a ‘pirate’, so there are
arguments today about who are ‘terrorists’
and who are ‘state sponsors of terrorism’. Issues of Civil and Personal Liberty
We understand striving for national
independence or autonomy, whether by A free society, given the 9.11 attacks, is
Chechens, Uighurs, or Palestinians; and it faced at once with contradictions between its
simply will not do to define those who seek characteristic liberties and the instincts of
autonomy and respect for their community police and security officials.
as ‘terrorists’ because some among their It is similarly evident that clandestine
number commit violent acts. But the foreign operations fit uneasily in a system of
message is out—and it is as much as open politics, openly accountable.
Chinese and Russian centralists can The evils of scapegoating are clear and
expect—that violence against innocents will undoubted, but so is the widespread
be denounced as terrorism pure and simple. psychological tendency to identify suspect
The attacks of 9.11 do not accord carte groups.
blanche to state repression. They do imply How does a polity draw lines when
urgence—as the US and UK may be choosing between the evil of vulnerability to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
attack and the evils of racism and the police
state? • Persons intending to visit the United
There are some guidelines. They may States should be treated with respect. A
not resolve every question, but they chart a method should be instituted to ensure
path: that persons who have qualified
(obtained visa or an in lieu) are not
• The ‘terrorist threat’ poses investigatory refused entry at the border.
problems that are no greater than those
which investigators of conspiratorial • No person—citizen or alien—should be
crime and fraud routinely face. subject to detention, in the absence of
criminal charges, longer than is
• No enlargements of investigators’ reasonably required to bring that person
powers to intercept communications, or before a grand jury.
place bugs, are required.4
• Procedures which vet people for access
• ‘Sharing’ of data among investigatory to facilities, or identify people for closer
agencies should proceed according to scrutiny, must be equivalent across all
well-fashioned gateway rules, to prevent groups and sectors, and so free of ethnic
promiscuous storage and redistribution and religious stereotypes.
of data, and any abuse of the privacy of
those who are subjects. Are issues of civil and personal liberties
related to the question ‘is this a war?’
• The presumption of innocence and Directly. Intimately. Because if it is a ‘war’,
access to counsel should be strictly then one set of expectations, and one set of
respected. implications for domestic political life,
follows. But if it is ‘something else’,
• The ‘terrorist threat’ should not be used something quite different from war, then we
as a back door to expand investigatory would bring different criteria to judging
access to computer transactions. The what is efficacious, and necessary, and right.
‘expectation of privacy’ should extend to
addresses and subjects, content of email, Why Is It Important to Understand That
and other transactions. The same This is Not a War
standards should apply which apply to
intercepting and recording the source or Wartime has become associated with
addressees of a target’s postal mail, or extreme measures. Concerned that the
opening and reading personal enemy would attack within, the US
correspondence. Government has in the past taken unusual
measures, such as interning citizens of
• A requirement of unambiguous spoof- Japanese descent, and putting amateur radio
proof identification may be operators off the air, in WWII.
reasonable—for example, to board an Strikingly, such measures were not
aircraft, obtain a driver’s license, or taken at the time of Korean War, or Vietnam
borrow money—but only as specifically War, or the Gulf War. There was
provided in an Act of Congress. [And conscription—the draft—for Korea, and for
note the ‘sharing’ proviso above.] a time for Vietnam. The Nixon
administration dropped the draft as part of
its efforts to quiet public opposition to the
4
Excepting that permitting a wiretap authorization Vietnam War.
to apply to whatever telephone the target uses should be
permitted, provided that the tap is confined to the
There are several reasons why it is
individual named target alone. important to understand that this is not a
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
war, and the first of these is that a blank implicitly—by the argument that to
check for restrictions on liberty would strike oppose them is unpatriotic.
at the heart of our political compact.
After 9.11, Senate Democrats chose not
• Civil liberties. to pursue arguments that Administration
proposals for National Missile Defense
If this is a war, the argument that the spending should be reduced.
state is in extremis will be made to
support restrictions on personal and civil • Who’s In Charge?
liberties.
If this is a war, then the Department of
If this is not a war, there may still be Defense and the military services have
persuasive arguments that law claim to an important voice, perhaps
enforcement should be given powers decisive voice, in policy.
which have the effect of constricting
personal and civil liberties, but the tests If this is not a war, then responsibility
they will have to meet—and the for policy is more distributed among
safeguards they may be compelled to Executive departments … and especially
accept—will be friendlier to liberty. the Department of State.
• Censorship • Use What Means?
If this is a war, Washington could call If this is a war, then the means suited to
for censorship. war—military means—will of course
figure centrally in the response to 9.11.
If this is not a war, Congress, the media,
and the public will wonder what the If this is not a war, then the presumption
point of censorship might be, and be that military means will be used, or their
more ready to resist it. use emphasized, is absent, though
military means may well be called on.
In a few short days in October GW Bush
and his staff have threatened to withhold • Vigorous Public Debate?
intelligence information from members
of Congress, called on six TV networks If this is a war, then “partisanship stops
to censor material from Osama bin at the water’s edge” and bi-partisanship
Laden and associates, and asked is proclaimed, one and all contributing to
newspapers to refrain even from the war effort. Criticism of the
publishing transcripts of bin Laden et al. Executive—at least in matters
On balance, both Congress and the concerning the ‘war’—is muted or
media may be said to have resisted the absent. Central issues are simply not
White House, while offering symbolic debated.
capitulation; or to have capitulated,
offering symbolic resistance. If this is not a war, the opposition may
proceed to question, criticize, and reject
• Expenditures Administration proposals. It may subject
to close scrutiny all those acts which
If this is a war, Administration spending culminated in the ‘war against
proposals will be terrorism.’
accompanied—explicitly or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
• Consequences for 2002 and 2004 • Will the War Spread?
If this is a war, GW Bush is saved from If this is a war, it has—as every war
a lackluster seven-plus months as has—the risk of spreading. It could
President in name. At least until 9.11 spread if the United States moved
there was a widely-held suspicion in the against other states, or if it prompted a
land that Vice-President Cheney was military response against US actions.
running the country—managing key
decisions—while GW Bush made polite At this writing there is no state ready to
political appearances. After 9.11, once take up arms against US use of military
‘war’ was declared, the importance of means. Broad sympathy to the plight of
Cheney’s and Rumsfeld’s roles becomes victims of 9.11, US moves to pre-
clear. legitimate subsequent actions by
obtaining UNSC 1368, and subsequent
If this is not a war, it would not preempt US diplomatic efforts have led to a
public discussion about National Missile coalition of sorts.
Defense, and it would be problematic
whether the issues would prove Still, ‘wartime’ is a time of strong
sufficiently frightening to the American emotions, sudden changes, and often
public that they would credit GW Bush unexpected turns in internal politics.
with leaderly qualities. Moreover, there is the
possibility—captured by Geoffrey
It remains to be seen whether pre-9.11 Blainey in the phrase “when waterbirds
Cheney-Rumsfeld unilateralism can fight”—that third parties take advantage
survive the need for allies, especially of others’ preoccupations to launch
European allies, and Russia and China. adventures of their own: in this case, for
As September began, the GW Bush example, India might choose to ‘settle’
group remained set on adopting National the Kashmir problem by force, while
Missile Defense, abandoning arms Pakistan was focused on domestic
control by treaty, declining the Kyoto dissent.
Protocol, holding back the
Comprehensive Test Ban Treaty from Could the United States itself expand the
Senate consideration, and even moving scope of its military campaign, attacking
toward military control of space. Since in other states? That is the threat implicit
9.11 Bush and his colleagues have in US charges that states which ‘harbor
insisted that NMD remains a prime terrorists’ are complicit. The New York
objective. They have evaded calls to say T i m e s ’ article headlined “Some
clearly whether they will withdraw from Pentagon Officials and Advisers Seek to
the ABM Treaty, but continue to speak Oust Iraq’s Leader in War’s Next
of the treaty with vitriol. If this is a war, Phase”5 captures a debate ongoing in
their energies will remain centered on its Washington. Deputy Secretary of
prosecution, rather than political means Defense Paul Wolfowitz and former CIA
to achieve national ends. head James Woolsey are identified as
advocates of a scheme to seize southern
Still five weeks after the attacks of 9.11, Iraq and install a new Iraqi government.
Bush’s presidency appears to have
captured the public mood as it earlier
had not.
5
Elaine Sciolino and Patrick E. Tyler, The New
York Times, 12 October 2001.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
If this is not a war, then the United • The implicit promise of retaliation, so
States could more easily draw back from much a part of GW Bush’s first response
the use of military means, and the to 9.11, would have been sorely
likelihood of its actions being tinder for disappointed if the United States had not
further war would be reduced. undertaken military attacks in
Afghanistan.
• Has the Government Done Well?
• But military means are unsuited to most
If this is a war, critical assessments of the work which needs to be done to
expose their authors to charges of prevent further instances of deadly
‘unpatriotic’ conduct. And at a political terrorism. In practical fact, the military
level, fear of appearing to be contesting means launched on 7 October may
the President has led Democrats to be provoke unneeded hostility, and create
mute, or nearly mute. grave difficulties for states whose
leaders cooperate with the United States.
If this is not a war, there is no reason for
Democrats to withhold fair and germane • GW Bush et al. have not yet drawn back
criticism, especially if its effects would from their unilateralist declarations made
be to improve policy and avoid an during the pre-9.11 period: ABM,
eternal ‘anti-terrorism campaign’ on the Kyoto, CTBT, NMD, ‘space control.’
battlefield using military means. Unwillingness to search for common
ground with the EU and Japan,
There are several harsh realities which especially, puts the entire project of
will surely be studied, with the passage reasoned, negotiated, and just global
of time. These include that governance in doubt.
• GW Bush came to 9.11 under a shadow • Although much has been made by his
remaining from the election, and a rather champions of GW Bush’s ‘leadership’
poor showing in his first months. and ‘determination’ in the wake of 9.11,
his impressive speeches have been
• He did not respond with authority on others’ efforts read from a
September 11th itself. TelePrompTer, and his unscripted
remarks offer no reason for confidence
• Responsibility for failure to detect the in his knowledge, articulation, or
impending attacks has not yet been judgment. It is an unhappy fact that the
attributed. job appears to be bigger than the man.
• GW Bush’s prompt framing of • A Concluding Note

America’s situation as ‘war’ may
achieve domestic political advantage, An assumption underlying this analysis
but opens the United States to the is that no small group, employing whatever
criticism which war customarily evokes. technology it may exploit, can overwhelm
the capacities of the United States, and those
• Incoherence of the Bush tax cut scheme, others who share common interests in
judged widely by economists as the decency and stability.
wrong set of measures for an economy at As horrific, as full of warning, as
risk, was even more striking in the wake stunning as specific attacks may be, there is
of 9.11. no evidence that any group or groups can
carry out such attacks on a large scale.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Even if they could, the remedy lies in !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
patient identification of conspirators and
conspiracies.
There are many other
motives—unrelated to ‘terrorism’—why
6 The Congress. [21-25 October]
officials, corporate officers, and law Undertaking ‘war’ silenced Democratic
enforcement units seek to know, or be able critics in Congress. In February 2002 the
to know, the activities, movements, and Administration proposed a budget with
correspondence of individuals. Most of these massively enlarged spending for the
motives have to do with being able to ‘do military. Does calling the response a ‘war on
their job’ faster, or better, or more terrorism’ deny the elected Congress an
effectively. Some have to do with the quest effective voice? How, and on what issues,
for profit. Some have to do with discomfort are the Administration and the Democrats
with criticism. The most dangerous concern bargaining with each other? Would it be
suppression of political dissent. different if Senator Jeffords had not left the
Conventional means to suppress dissent Republican Party? And now, with results of
have been employed throughout recorded the mid-term election in hand, how has the
time, in the United States as elsewhere.
election changed this relationship?
Because suppression of dissent closes the
very possibility of correction through
exercise of an open politics, it is
qualitatively more dangerous than other 6.Week The New York Times, 9 June
forms of intrusion. Advances in 2002, reviewing key issues
IT—communications,
computerization—make oppressive before Congressional inquiry.
government easier. All these reasons place a
special premium on the need that ‘war’ not http://www.nytimes.com/2002/06/09/nationa
be used as a means to shrink or deny civil l/09MISS.html In Reader II.
and personal liberties.
If this is not a war, not a typical war,
not a ‘war on terrorism’, then what is it? It is
a response to assaults on our freedom and
safety of movement, association, enterprise, 6.M.1 Helen Dewar, Washington
and the right to life itself. Then how should P o s t , 5 May 2002. “For
the episode begun on that morning of 9.11 Daschle, a Grueling First
be framed and understood? Year: GOP Attacks, Dissent in
This is a political struggle, in which the Democratic Caucus Test
means must respect the ends, a struggle for Senate Leader”:
liberty.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! http://www.washingtonpost.com/ac2/wp-
dyn?pagename=article&node=&contentId=
This is a provisional draft: 26 October 2001 version 5
A32149-2002May4
Bruce D. Larkin
Professor of Politics
University of California at Santa Cruz
© 2001 Bruce D. Larkin. This draft may be shared if

6.W.2 Arms Control Today, October
distributed in toto. 2001. Wade Boese, “Demo-
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
crats Withdraw Missile Democrats began targeting missile
Defense Restrictions”, Carl defense funding in July, after the
Levin on defense priorities, administration announced its proposed
and a critique of Levin. missile defense programs would conflict
[ “ Arms Control Today with the Anti-Ballistic Missile (ABM)
encourages reprint of its Treaty “in months, not years.” President
articles with permission of the George W. Bush has said that, if the United
Editor.”] States does not reach an agreement with
Russia to “move beyond” the treaty, the
http://www.armscontrol.org/act/2001_10/mi United States will unilaterally withdraw
sdefoct01.asp from the accord, which prohibits the two
countries from building nationwide defenses
against strategic ballistic missiles.
Democrats Led by Chairman Carl Levin (D-MI), in
a straight party vote of 13-12 the Senate
Withdraw Missile Armed Services Committee approved a
revised version of the administration’s
Defense Restrictions missile defense request on September 7. The
bill redistributed $1.3 billion from the
request to other Pentagon programs and
Wade Boese barred funds for missile defense activities
“inconsistent” with the ABM Treaty.
Seeking to show solidarity with the
president after the September 11 terrorist To conduct tests or other activities
attacks on New York and Washington, banned by the ABM Treaty, the bill required
congressional Democrats largely shelved the president to certify to Congress that any
legislative efforts to limit the Bush such action was in the United States’
administration’s ballistic missile defense national security interest. Congress would
plans. then have 30 days to vote on whether to
fund the activity. According to Levin, this
Although Democrats sought in early requirement would have applied even if
September to put conditions on and cut Washington unilaterally withdrew from the
funding for the Bush administration’s nearly treaty. Republicans vowed they would fight
$8.3 billion request for missile defense this restriction and funding cut.
spending, it now appears that the
administration’s request will survive However, eight days after the terrorist
virtually unscathed. The Senate is on the attacks, Levin offered a new version of this
verge of approving the full request, while bill. The new bill still redistributed $1.3
the House passed September 25 a $400 billion from the administration’s request, but
million cut. The funding is included as part it did not include the controversial missile
of the two houses’ fiscal year 2002 defense defense-related limitation. Instead, Levin
spending bills, which must be reconciled in chose to incorporate this restriction into
conference and then sent to the president for another new bill that could be debated at a
signature. “later and more appropriate time.”
Explaining the changes, Levin said, “This is
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the wrong time for divisive debate on issues build missile defense facilities and silos at
of national defense.” Fort Greely, Alaska, beginning in April
2002.
Two days later, Levin and Senator John
Warner (R-VA) cosponsored an amendment In the aftermath of the September 11
that restored the $1.3 billion in funding for attacks, however, Skelton and Spratt agreed
missile defense, although the amendment to compromise on the cut because
gave the president the option to use these Republican and Democratic leaders wanted
funds for anti-terrorism programs. The to pass the defense bill as quickly as
Senate adopted the amendment September possible with the least possible amount of
21 and is expected to pass the full bill in contentious debate. The party leaders agreed
early October. that the full House would consider the
defense bill, as passed by the House Armed
Although ultimately going along with Services Committee August 1, with only one
Levin, a number of Democratic senators amendment consisting of several
were not pleased with removing the ABM compromises on controversial issues.
language from the defense bill because they
feared the move would give Bush too much One of the compromises was to transfer a
leeway on missile defense, according to total of $400 million from missile defense to
Democratic Senate aides. One of the aides, counter- and anti-terrorism activities. The
however, noted that Levin’s action was reduction largely came from the Space
“understandable,” contending the “politics Based Laser and sea-based midcourse
are overwhelming on this.” interceptor programs and will not affect
funding for Fort Greely. Speaking
Although he acknowledged in a September 25 on the House floor, Spratt
September 24 speech on the Senate floor described the compromise as “good” and
that “this is not time to debate the [ABM] explained that the Fort Greely issue was set
language” contained in the original version aside in the interest of bipartisanship. But
of the bill, Senator Jack Reed (D-RI) warned Spratt said that he expected the issue would
the administration against withdrawing from be revisited in the next budget cycle.
the ABM Treaty. He said such an action
would be “counterproductive” because the Explaining their views on the current
United States needs help from the climate in Congress, several House and
international community, including Russia Senate Democratic aides agreed that both
and China, in combating global terrorism. missile defense proponents and skeptics felt
Both Moscow and Beijing oppose U.S. the terrorist attacks reinforced their
missile defense plans and want to preserve positions. Missile defense supporters have
the ABM Treaty. said the unexpected nature of the attacks
reaffirms that the United States is vulnerable
House action on missile defense funding and must be prepared to defend itself against
also changed following the terrorist attacks. all kinds of attacks. Critics say the attacks
Prior to September 11, Representatives Ike underscore that a ballistic missile attack is
Skelton (D-MO) and John Spratt (D-SC) had not the most urgent threat and that funding
filed an amendment to cut $918 million should be devoted to countering more
from the president’s missile defense request. probable threats.
The cut would have concentrated on plans to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
One House aide predicted that the the aircraft carrier USS Carl Vinson in the
terrorist attacks would probably make those Arabian Sea were nothing short of inspiring.
congressmen who did not feel strongly about I was especially moved by the soldiers and
missile defense more likely to support airmen from Michigan with whom I shared
missile defense as part of a broader Thanksgiving dinner at a base in western
homeland defense and anti-terrorism Pakistan. These are young men and women
strategy. The aide, however, added that the performing an incredibly challenging
most important factor at this time is that operation with extraordinary bravery, skill
nobody wants to oppose the president. and determination. Their morale was sky-
high, and what buoyed their spirits the most
Arms Control Today encourages reprint of its articles was the support they are receiving from the
with permission of the Editor. American people.
© 2001 Arms Control Association
I suggest three major priorities for the
Administration and Congress in the coming
year to ensure a strong military and a secure
6.W.3 Senator Carl Levin (D- America.
Michigan), chair of the Senate
Armed Forces Committee. First and foremost, we have to ensure our
forces have the resources and capabilities to
http://levin.senate.gov/releases/200201col2. continue winning this war against al Qaeda.
htm As Chairman of the Senate Armed Services
Committee, I am proud Congress has
worked with the Defense Department over
U.S. Forces Need the Best Tools the past decade to make sure our military
as Fight Goes on for Global Security was ready. The emergency funds that
Congress approved for the military after the
Published in the Detroit Free Press Sept. 11 attacks and the large boost to this
January 28, 2002 year's defense budget – the biggest increase
since the early 1980s – will go a long way to
With the Taliban regime in ruins, Osama ensuring that our forces defeat al Qaeda.
bin Laden on the run, and many of his al
Qaeda terrorists captured or killed, Winning this war also means ensuring
Americans are asking: what next? While it is our forces build on the revolutionary
still not clear where the next steps will take techniques and technologies so
us in bringing to justice those responsible indispensable to their success in
for the Sept. 11 attacks on our nation, we Afghanistan. The world has been awed by
still have important work to do to make sure our special operations forces – 21st Century
our armed forces are equipped and prepared warriors on horseback calling in airstrikes.
to protect our national security. This willingness to experiment with new
concepts of warfighting is a testament to the
As a nation, we have to remain just as creativity and adaptability of our armed
focused and resolute as the U.S. forces I met forces and their leaders, and it needs to
on a Thanksgiving trip through the Afghan become the rule of future operations.
theater. The servicemen and women I met in
Uzbekistan, Pakistan and Oman and aboard
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
We need to ensure our forces have they budget and buy equipment to how they
enough of the modern precision-guided train and fight wars. The lives of our
munitions used so widely and successfully military men and women, and the success of
in Afghanistan (an estimated 60 percent of future missions, depend on it.
all bombs and missiles in the war, compared
to an estimated 30 percent in Kosovo and 10 Finally, we need to recognize and
percent in the Gulf War.). Guided by the prepare our armed forces for the most likely
satellite Global Positioning System and threats to our nation's security. Sept. 11
special operations forces using hand-held confirms that the most likely threat is
lasers to pinpoint targets, these precision terrorists using unconventional means of
munitions maximize U.S. firepower and attack, such as turning civilian airliners into
minimize civilian casualties. weapons of mass destruction. Even more
frightening, Osama bin Laden has spoken of
We need to increase our intelligence, his lust for a nuclear weapon, and the
surveillance and reconnaissance assets, intelligence community reportedly believes
particularly the unmanned aerial vehicles he may have made progress in obtaining
like the Global Hawk and Predator. These plans or materials for a crude radiological
"eyes in the skies" have revealed the weapon that would use conventional
location of enemy forces and quickly explosives to spread radioactivity.
relayed that information to fighters and
bombers overhead for precision air strikes. This should come as no surprise. A
Such real-time surveillance, intelligence and bipartisan task force last year concluded that
strike capability increases the precision of "the most urgent unmet national security
our weapons and reduces the risks to our threat" to America is the danger of weapons
forces. That is why our committee has of mass destruction (nuclear, biological or
consistently increased funding for these chemical weapons) and material from
drones and why we have encouraged the Russia being stolen and sold to terrorists or
military to field a force in which one-third of hostile regimes and used against American
its deep-strike aircraft is unmanned by the troops or citizens. And just last month, the
end of the decade. Central Intelligence Agency reported that
we are "more likely" to be attacked with a
Our second major defense priority must weapon of mass destruction delivered by
be to build on the tremendous cooperation ship, truck or airplane – as opposed to a
we have seen among our military services in ballistic missile – because these methods are
Afghanistan. In the past, rivalries between less costly, easier to acquire, more reliable
soldiers, sailors, airmen and Marines too and accurate, can avoid missile defenses,
often contributed to a reluctance to train and can be used without attribution (and,
together, use compatible equipment or share therefore, retribution).
information. Contrast that with the current
war: Marine helicopters ferrying Army The greatest threats deserve our greatest
soldiers from Navy ships into landing zones attention. That is why homeland defense is
in Afghanistan that were secured by special now the military's highest priority. That is
operations forces, with air cover from the why this year's defense authorization bill
Navy and Air Force. That is joint operations gives the President the option of using $1.3
at its very best and is the foundation upon billion requested by the Defense Department
which the services need to build – from how for national missile defense to be used for
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
combating terrorism or missile defense. And http://www.centerforsecuritypolicy.org/inde
that is why we need to continue expanding x.jsp?topic=defbudget&section=papers&cod
the Cooperative Threat Reduction programs e=02-D_24
with Russia that have already secured and
destroyed thousands of nuclear, biological
and chemical weapons and material that
might otherwise fall into the wrong hands. Decision Brief No. 02-D 24 2002-05-20
The paramount threat of proliferation and The 'Next War': Will Carl Levin
terrorism also is why the President's new
approach to nuclear weapons is troubling.
Be Allowed To Leave America
Rather than reducing two-thirds of Vulnerable To Missile Attack?
America's nuclear weapons, as the President
had pledged, the administration announced
recently that it will instead "store" many (Washington, D.C.):
warheads – an accounting gimmick akin to a
football team not counting its second string The baying of Congressional Democrats
as players. That leaves Russia with little last week over unfounded allegations that
incentive to destroy its warheads, which President Bush "knew" beforehand about the
means more Russian warheads being stored, September 11th attacks prompted,
which means more warheads at risk for appropriately, a heated response from
diversion to, or theft by, terrorists, which Administration figures. White House Press
means, ultimately, an America that is less Spokesman Ari Fleischer, National Security
secure. Advisor Condoleezza Rice, even the
President himself took turns firing back.
There are many lessons from the shock
of Sept. 11 and the success of the war These and other officials explained: the
against the Taliban and al Qaeda. Among lack of "actionable" information; the reality
these is that we ignore the most likely that, without benefit of hindsight, it was
threats at our peril, and that with a 21st very hard to "connect the dots" before 911;
Century military – armed with the latest and the fact that the possibility of
intelligence and the latest technologies – we commercial aircraft being used as lethal
can indeed deter and, if necessary, defeat missiles had been discussed since President
21st Century threats. That job falls to our Clinton was in office, but had not been
dedicated men and women in uniform. The recognized by either administration as an
job of ensuring they have the tools to do so immediate danger.
falls to us.
Cheney's Warning
6.W.4 Center for Security Policy. The most effective riposte to date,
“The ‘Next War’: Will Carl however, came from Vice President Dick
Levin be Allowed to Leave Cheney. Interestingly, it was not the Veep's
America Vulnerable to Missile shot- across-the-bow to those he called "my
Attack?”: Democratic friends" on Capitol Hill, whom
he strongly discouraged from playing
politics with these charges.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
to target a larger area of the U.S. than would
Rather, it took the form of a warning Mr. a missile fired from its home territory."
Cheney issued in the course of his
appearances on Sunday television talk This theoretical possibility becomes
shows: Another al Qaeda attack against this palpably real when one considers that,
country is "almost certain." He cannot say according to a recent U.N. assessment, the
when it will eventuate; "it could happen Taliban had roughly 100 Scud shorter-range
tomorrow, it could happen next week, it ballistic missiles. Al Qaeda is believed to
could happen next year, but they will keep own ships; certainly most terrorist-
trying." sponsoring nations do. In fact, there are an
estimated 25,000 vessels at sea on any given
Every American, irrespective of party day, the majority of them flying flags of
affiliation or political philosophy, is thus on convenience. For the most part, our wildly
notice: Notions that it is now safe to go back overtaxed Coast Guard has no clue what
to business-as-usual partisanship on national even those ships in or near U.S. waters
security are premature and irresponsible. contain, where they are headed and who are
More to the point, Mr. Bush's critics now their crew. Sailing 100 miles off our shores,
have the sort of warning they claim to have a ship capable of launching one of these
wanted prior to September 11th. Scud-type missile could range most of the
Nation's largest population centers.
The question then becomes: What form
will the next attack take? Senator Levin's Skulduggery
Rumsfeld's Warning Unfortunately, should the next al Qaeda

attack involve such a missile being fired at
There is a certain irony that many of us "tomorrow" or "next week," there is
those most critical of the military for nothing in place to stop it. It will, all other
focusing exclusively on the sorts of threats things being equal, reach its destination with
confronted in the "last war" are now devastating effect. Worse yet, Democrats on
studiously ignoring a next-war warning first the Senate Armed Services Committee --
sounded four years ago. It was issued by a whose colleagues have so recently assailed
bipartisan commission chaired by the man President Bush for not acting on warnings
who is now the Secretary of Defense, he had received prior to September 11th --
Donald Rumsfeld. have recently decided to hamstring Mr.
Bush's ability to address the missile threat.
Asked by Congress to assess the danger They propose to cut funds sought by the
of ballistic missile attack on the United President and Secretary Rumsfeld to build
States, the blue-ribbon Rumsfeld missile defenses by roughly $800 million
Commission declared: "Sea-launch of and introduced new bureaucratic
shorter-range ballistic missiles...could impediments to swift acquisition of such
enable a country to pose a direct territorial defenses.
threat to the U.S. sooner than it could by
waiting to develop an intercontinental-range This proposal is the handiwork of
ballistic missile for launch from its own Committee chairman Carl Levin of
territory. Sea-launching could also permit it Michigan. He induced even colleagues who
have long been supporters of missile
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
defense, like Sen. Joseph Lieberman of 1920 L Street,N.W.
Connecticut, to go along, apparently by Suite 210
brazenly transferring missile defense monies Washington, DC 20036
to ship-building and other member-directed
priorities. As a result, the Levin proposal Mission of the Center for Security
was adopted by the Committee on a straight Policy
party-line vote -- even though it cut funds
from air-, sea- and land-based programs that To promote world peace through American strength.
have long enjoyed the support of legislators
like Max Cleland of Georgia and Jack Reed "Through the years, the Center for Security Policy has
helped ensure a vigorous national security debate and, in
of Rhode Island. so doing, has strengthened our national security, with
energy, persistence and patriotism."
In fact, Sen. Reed declared in a speech at
- Secretary of Defense Donald Rumsfeld
a National Defense University breakfast on 4 March 2001
May 25, 2001 that: "We are pursuing
Theater Missile Defense programs...such as
[the Patriot] PAC-3, THAAD, Navy Area
Defense, Navy Theater Wide and Airborne
Laser. Those are systems we should really 6.F.5 Thomas E. Mann, Brookings
put some energy and resources behind, even Institution, Christian Science
more so than we are doing today." Instead, Monitor, 29 November 2001,
the defense authorization bill the Senate will “For a Bipartisan War
soon consider -- perhaps before adjourning President”:
for the Memorial Day recess -- inflicts deep
cuts in many of these and other programs http://www.brook.edu/views/op-
that could produce near-term contingency ed/mann/20011129.htm In Reader II.
deployment options, leaving us defenseless
even if a missile attack by al Qaeda or from
some other quarter comes a year from now.
Bottom Line 6.F.6 Fred Barnes, The Weekly

S t a n d a r d , 4 March 2002.
On Thursday, President Bush told
“George W. Bush’s Partisan
Senators he would veto the defense
Strategy of Non-Partisanship”:
authorization bill if it included the $450
million he had requested just last January for
http://www.dscc.org/2002/New_Folder/DSC
the Crusader artillery program, before it was
C%2003-04-02.htm In Reader II.
cancelled by Secretary Rumsfeld. The least
he can do is inform legislators that this bill
will meet a similar fate if does not provide
the full and unencumbered $7.6 billion he
believes is necessary to defend against what 6.F.7 Martin Frost [Chairman,
may prove to be the next, incoming terrorist House Democratic Caucus],
attack. critique of alleged Republican
use of the ‘war’ as a campaign
Center for Security Policy theme:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Democrats will continue working with
http://dcaucusweb.house.gov/home/docume the President to win the war on terrorism -
ntViewer.asp?ID=185 regardless of how cynically White House
officials use the war to help the Republican
Party. America cannot afford to allow
partisan politics to have any role in the war
White House Aide Rove Owes Apology to effort.
American People, US Military
But itís clear that at least one senior
1/21/2002 White House official does not understand
STATEMENT OF DEM CAUCUS CHAIR how his partisanship risks undermining
MARTIN FROST (TX) Americaís war effort.î
I am deeply saddened that Karl Rove has ###
promised to make a partisan issue of the war CONTACT: Tom Eisenhauer, 202-226-
on terrorism for the Republican Party. It 3210 or pager 800-863-0399 (PIN
would be disappointing enough coming 17301455), or Greg Speed, 202-225-3605 or
from a Republican Party spokesperson, but pager 888-997-3736.
Karl Rove is a senior White House official, (http://housedemocrats.house.gov)
who is paid with taxpayer funds and whose
influence over all areas of Bush BACKGROUND:
Administration policy is well-known.
New York Times: ìBush Adviser
I trust that the President disagrees with Suggests War as Campaign Themeî: ìKarl
such tactics. I hope he will speak to Mr. Rove, President Bush's chief political
Rove soon, and urge him to apologize to the adviser, sought today to turn the war into
public and to the men and women of the partisan advantage, telling Republicans
U.S. military. And I hope the President will gathered here that the administration's
remind Mr. Rove that the White House handling of terrorism could be an important
works for the American people, and that the theme for the party to trumpet in the
men and women of the U.S. military are November midterm elections.î (Berke, New
fighting for the American people - not for York Times, 1/19/02)
the Republican Party.
Washington Post: GOP Touts War as
For more than 20 years in Congress, I Campaign Issue: President Bushís top
have fought to strengthen Americaís political adviser said today that Republicans
national defense. Congressional Democrats will make the presidentís handling of the
have worked with Republicans to build the war on terrorism the centerpiece of their
U.S. military into the finest fighting force in strategy to win back the Senate and keep
the world - one that has proven itself so control of the House in this yearís midterm
magnificently in Afghanistan. And elections.î (Edsall, Washington Post,
Democrats - in Congress and around the 1/19/02
country - have stood shoulder-to-shoulder
with the President at every step of our effort
to protect the American people from the evil !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
of terrorism.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
7 Civil Liberties I. The Prisoners January 29, 2002

and the Courts. [28 October – 1 Introduction
November] What is the
Constitutional basis for military 1. International Law and the Treatment of
tribunals? Are the Administration’s Prisoners in an Armed Conflict
actions consistent with US 2. Types of Prisoners under International
obligations under the Geneva Humanitarian Law
Convention on the Treatment of
Prisoners of War (III) of 1949? Are 3. Status Determination of Prisoners
captured Taliban and Al Qaeda
4. Determining the Status of Prisoners in the
fighters ‘prisoners of war’ or Afghanistan conflict
‘unlawful combattants’ or
‘detainees’? Why were some of 5. Rights of Prisoners under International
those captured moved to Humanitarian Law
Guantanamo Bay? What of the
a) Humane Treatment
prosecution of John Walker Lindt? b) Interrogation
c) Prosecution
Introduction
7.Week Human Rights Watch, This background paper highlights the

“Background Paper on international law issues surrounding the
Geneva Convention and status and treatment of Taliban and al-Qaeda
Persons Held by US Forces, fighters from Afghanistan in U.S. custody. It
29 January 2002: cites the need for a formal and
individualized determination of prisoner of
http://hrw.org/backgrounder/usa/pow- war status where that status is in doubt. This
bck.htm paper also sets out international law
requirements governing prisoners of war and
Geneva Convention (III) 1949. Convention so-called "unlawful combatants," including
(III) relative to the Treatment humane treatment, interrogation and
of Prisoners of War. Geneva, prosecution.
12 August 1949.
Since the commencement of U.S.
http://www.icrc.org/ihl.nsf/7c4d08d9b287a4 military operations in Afghanistan in
2141256739003e636b/6fef854a3517b75ac1 October 2001, thousands of persons have
25641e004a9e68?OpenDocument been detained by anti-Taliban Afghan forces
and by U.S. armed forces. Those held
include both Taliban and al-Qaeda fighters.
In addition to Afghan nationals, many
Background Paper on Geneva Pakistani nationals are reportedly among the
Conventions and Persons Held by U.S. detainees, as well as smaller numbers of
Forces Saudis, Yemenis and others from Arab
states, Uzbeks, Chechens from Russia,
Human Rights Watch Press Chinese, Europeans, and others.
Backgrounder
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Most of the captured combatants are in
the custody of the new post-Taliban Afghan The treatment of detainees in an armed
authorities. The largest group, numbering conflict is governed by international
several thousand, is being held in Afghan humanitarian law, also known as the laws of
custody at the large prison complex in war. Most relevant are the four Geneva
Shiburghan, west of Mazar-i-Sharif in Conventions of 1949, to which most states,
northern Afghanistan. There are dozens of including the United States and Afghanistan,
smaller Afghan-controlled prison facilities are party. (Two Additional Protocols to the
and ad-hoc detention facilities scattered Geneva Conventions, adopted in 1977, have
around Afghanistan, some relatively formal not been ratified by the United States, but
prisons inherited by the new Afghan many of their provisions are considered to
administration from the Taliban regime, be indicative of customary international
while others are basically lock-up facilities law.) The Geneva Conventions set out a
under the control of local warlords. comprehensive legal framework aimed at
protecting captured combatants and civilians
The U.S. military has been screening and during armed conflict.
interrogating detainees in Afghan custody in
order to identify persons whom the U.S. The protection and treatment of captured
wants to prosecute or detain, or who may combatants during an international armed
have useful intelligence information (such as conflict is detailed in the Third Geneva
the whereabouts of Taliban or al-Qaeda Convention relative to the Treatment of
leaders, or knowledge about the inner Prisoners of War, which defines prisoners of
workings of the al-Qaeda network). The war (POWs) and enumerates the protections
U.S. has taken custody of several hundred of POW status. Persons not entitled to POW
detainees held by Afghan forces, and has status, including so-called "unlawful
transferred them to its own detention combatants," are entitled to the protections
facilities: a U.S. military detention facility provided under the Fourth Geneva
located outside Kandahar and detention Convention relative to the Protection of
facilities in off-shore Navy ships such as the Civilian Persons in Time of War. All
USS Peleliu. In addition, U.S. military detainees fall somewhere within the
forces have also directly taken custody of protections of these two Conventions;
persons while carrying out military according to the authoritative Commentary
operations inside Afghanistan. In January to the Geneva Conventions of the
the U.S. government began transferring International Committee of the Red Cross
these persons from the detention facilities in (ICRC): "nobody in enemy hands can fall
the immediate theater of conflict to a more outside the law."
permanent detention facility at the U.S.
military base in Guantanamo Bay, Cuba. There are other international legal
According to the Defense Department on instruments outside the Geneva Conventions
January 28, 482 prisoners are being held by that also affect the treatment of persons
U.S. forces in Afghanistan and at during armed conflict -- and after the
Guantanamo Bay, about one-fifth of whom conflict. While some human rights standards
are Saudi nationals. can be derogated or limited during times of
war or national emergency, other human
1. International Law and the Treatment rights standards continue to apply in full
of Prisoners in an Armed Conflict force at all times. Instruments relevant to the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
treatment of persons deprived of their liberty may be prosecuted for the same offenses for
detainees include Torture and other ill- which the forces of the detaining power
treatment of detainees is prohibited as a could be tried, including common crimes
matter of customary law and treaty. Article 7 unrelated to the conflict, war crimes, and
of the International Covenant on Civil and crimes against humanity.
Political Rights, and which the United States
ratified in 1992, provides that "No one shall Captured combatants who are not
be subjected to torture or to cruel, inhuman entitled to POW status have been described
or degrading treatment or punishment." Also as "unlawful combatants" or "non-privileged
in force at all times is the Convention combatants, " although neither term is found
against Torture and other Cruel, Inhuman or in the Geneva Conventions. Such persons
Degrading Treatment or Punishmentand the are still protected under the Geneva
UN Standard Minimum Rules on the Conventions, but under the provisions of the
Treatment of Prisonersto which the United Fourth Geneva Convention relative to the
States became a party in 1994. Protection of Civilian Persons in Time of
War. This Convention also applies to
2. Types of Prisoners under International civilian non-combatants who are affected by
Humanitarian Law the conflict and due special protections as
"protected persons."
Under international humanitarian law,
combatants captured during an international 3. Status Determination of Prisoners
armed conflict should be presumed to be
POWs until determined otherwise. Specified Article 5 of the Third Geneva
categories of combatants who "have fallen Convention states: "Should any doubt arise
into the power of the enemy" are entitled to as to whether persons, having committed a
POW status. These categories include belligerent act and having fallen into the
members of the armed forces of a party to hands of the enemy," belong to any of the
the conflict, members of militia forces categories for POWs, "such persons shall
forming part of those armed forces, and enjoy the protection of the present
inhabitants of a non-occupied territory who Convention until such time as their status
take up arms openly to resist the invading has been determined by a competent
forces. POW status also applies to captured tribunal."
members of irregular forces who are under
responsible command; have a fixed No detainee can be without a legal status
distinctive sign (such as an insignia, uniform under the Conventions. According to the
or other marking) recognizable at a distance; ICRC Commentary:
carry arms openly; and conduct their
operations in accordance with the laws and Every person in enemy hands must have
customs of war. some status under international law: he is
either a prisoner of war and, as such,
POWs receive the full protection of the covered by the Third Convention, a civilian
Third Geneva Convention relative to the covered by the Fourth Convention, [or] a
Treatment of Prisoners of War. POWs may member of the medical personnel of the
not be tried for the mere act of being armed forces who is covered by the First
combatants, that is, for taking up arms Convention. There is no intermediate status;
against other combatants. However, they
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nobody in enemy hands can fall outside the were civilians who had taken no part in
law.1 hostilities, they were transferred to refugee
camps. Whether the tribunals were
U.S. officials have endorsed the necessary as a matter of law is open to
government's adherence to this principle. debate - the civilians had not "committed a
belligerent act," nor was their status "in
In 1987, then-Deputy Legal Advisor to doubt."4
the U.S. State Department, Michael
Matheson, stated that: Regulations issued by the four branches
of the U.S. military in 1997 set out detailed
We [the United States] do support the procedures for tribunals consisting of three
principle that, should any doubt arise as to commissioned officers to make
whether a person is entitled to combatant determinations of status where doubts arise
status, he be so treated until his status has in accordance with the Third Geneva
been determined by a competent tribunal, as Convention. Under the 1997 U.S. military
well as the principle that if a person who has regulations, persons whose status is to be
fallen into the power of an adversary is not determined shall: be advised of their rights
held as a prisoner of war and is to be tried at the beginning of their hearings; be
for an offense arising out of the hostilities, allowed to attend all open sessions and will
he should have the right to assert his be provided with an interpreter if necessary;
entitlement before a judicial tribunal and to be allowed to call witnesses if reasonably
have that question adjudicated.3 available, and to question those witnesses
called by the tribunal; have a right to testify
According to the U.S. military Judge or otherwise address the Tribunal; and not
Advocate General Handbook, the U.S. be compelled to testify before the Tribunal.
armed forces used such tribunals in conflicts According to the regulations, following the
from Vietnam to the Gulf War: hearing of testimony and the review of
documents and other evidence, the Tribunal
"When doubt exists as to whether shall determine the status of the subject of
captured enemy personnel warrant POW the proceeding in closed session by majority
status, Art. 5 [Third Geneva] Tribunals must vote. Preponderance of evidence shall be the
be convened. It is important that judge standard used in reaching this determination,
advocates be prepared for such tribunals. and a written report of the tribunal decision
During the Vietnam conflict, a Directive is to be completed in each case.
established procedures for the conduct of
Art. 5 Tribunal....[The accompanying 4. Determining the Status of Prisoners in
footnote states:] No Article 5 Tribunals were the Afghanistan conflict
conducted in Grenada or Panama, as all
captured enemy personnel were repatriated To date the United States has released
as soon as possible. In the Gulf War, little information on the persons captured in
Operation Desert Storm netted a large Afghanistan, except to say they come from
number of persons thought to be [Enemy 25 countries. The United States has labeled
Prisoners of War], who were actually all persons in its custody captured in
displaced civilians....Tribunals were Afghanistan as "unlawful combatants,"
conducted to verify the status of the "battlefield detainees," or "illegal
detainees. Upon determination that they combatants," and has indicated that while
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
they may be treated in accordance with the government. The Department of Defense
Geneva Conventions, there is no obligation will leave those issues to them."
that the United States so treat them. For
instance, U.S. Secretary of Defense Donald More recently, the Bush Administration
Rumsfeld stated on January 11, 2001 that has suggested that the Geneva Conventions
those held were "unlawful combatants" and do not apply to a war against terrorism, that
that "unlawful combatants do not have any the government can decide that captured
rights under the Geneva Convention. We combatants are not POWs with a
have indicated that we do plan to, for the determination before a competent tribunal,
most part, treat them in a manner that is and that treating the detainees as POWs
reasonably consistent with the Geneva would prevent them from being questioned
Conventions, to the extent they are for alleged criminal offenses.
appropriate."
Such statements from the U.S.
The U.S. position is inconsistent with the government suggest that itthe U.S.
Geneva Conventions on several counts. government w will apply its own standards
First, the U.S. may not classify as a group all to the detainees, determine its own standard
detainees from the Afghan conflict as not of protection outside the Geneva system,
being entitled to POW status; such a picking and choosing those provisions of the
determination must be made on an Geneva Conventions it wishes to apply. The
individual basis by a competent tribunal. United States is ignoring important and
Second, there is a presumption that a relevant international standards, and is
captured combatant is a POW unless instead determining aiming toits own
determined otherwise. Third, it is incorrect standard of protection outside the Geneva
to assert that only POWs are protected by system apply its own standards to the
the Geneva Conventions-all persons detainees.. This also undermines long-time
apprehended in the context of an efforts by the U.S. military to incorporate
international armed conflict, including the the Geneva Conventions into the operations
types of prisoners the U.S. has labeled as of the armed forces through its training
"unlawful combatants," receive some level programs and institutions.
of protection under the Geneva Conventions.
Defense Secretary Rumsfeld has
In a press conference on January 22, mischaracterized the legal situation in public
Defense Secretary Rumsfeld seemed to statements. For instance, on January 22, he
backtrack in part from his earlier statements. stated that the drafters of the Geneva
He stated that "whatever one may conclude Conventions "felt that a higher standard
as to how the Geneva Convention may or should be provided and given to people who,
may not apply," the United States is treating in fact, wore uniforms; who, in fact, were
the detainees humanely. He continued: fighting on behalf of a legitimate
"Lawyers must sort through the legal issues government; who did carry their weapons
with respect to unlawful combatants and openly and who did do those things that men
whether or not the Taliban should be and women in the United States armed
considered what the documents apparently forces do as a matter of course - wear
refer to as a, quote, `high contracting party,' insignia indicating who they are."Some
unquote, or, in plain English, I think, a general comments about their status can
nonetheless be made
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
their operations in accordance with the laws
Members of the Taliban armed forces or and customs of war.
militia groups that formed part of the
Taliban armed forces are likely to be entitled The members of al-Qaeda may not be
to POW status. It doeswould [sic] not matter entitled to POW status because they may not
for determining POW status whether these meet all of these criteria; in particular they
soldiers were Afghans or foreigners. have made clear that they do not conduct
members of the Taliban armed forcestheyIn their operations in accordance with the laws
fact, The U.S. government has asserted that and customs of war. While such persons
members of the Taliban armed forces are not may more appropriately be called
entitled to POW status because the Taliban "unlawful" or "non-privileged" combatants,
was not the recognized government of it does not follow that they can be denied all
Afghanistan. This is contrary to both protections of the Geneva Conventions, such
international law and long-standing U.S. as humane treatment.
practice. The Geneva Conventions do not
require a formal state of war between two 5. Rights of Prisoners under International
state parties to be applicable; rather, it is Humanitarian Law
only necessary that there be "armed
conflict," which does not require formal The status of individual prisoners
recognition of one state by another. The determines what rights they are due under
Geneva Conventions would have minimalno the Geneva Conventions. The rights of
legal effect if states could simply escape POWs vary significantly from those of so-
their obligations by declaring that an called unlawful or nonprivileged
adversary state was not the legitimate combatants. However, all detainees may be
government of the country. During the prosecuted for war crimes, crimes against
Korean War, the United States considered humanity, and criminal acts unrelated to the
prisoners from the People's Republic of armed conflict. Likewise, all persons in
China (PRC) to be POWs under the Geneva custody, regardless of their status, must be
Conventions, although neither the United treated humanely. An important measure to
Nations nor the United States recognized the ensure humane treatment, provided under
PRC government at the time. the Geneva Conventions, is to permit visits
by the International Committee of the Red
Al-Qaeda fighters, unless they can show Cross and for the detaining government to
that they were part of the Taliban armed follow their recommendations.
forces, must meet the specific standards for
POW status for members of irregular forces. The rights and protections granted to
First, they must be members of "militias [or] POWs are enumerated in detail in the Third
other volunteer corps, including those of Geneva Convention. "Nonprivileged" or
organized resistance movements, belonging "unlawful" combatants are protected under
to a Party to the conflict and operating in or the Fourth Geneva Convention, customary
outside their own territory." Second, they international law and, where applicable,
have to fulfill some minimum conditions: Protocol I to the Geneva Conventions.
they must be under responsible command; Although the United States is not a party to
have a fixed distinctive sign recognizable at Protocol I, the U.S. government accepts
a distance; carry arms openly; and conduct many of its provisions as part of customary
international law; especially relevant is
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article 75 on "fundamental guarantees," they are, like all detainees, protected from
which sets out basic standards of humane torture and other cruel, inhuman or
treatment and due process that is required degrading treatment as set out under
for all persons affected by the conflict, international human rights law and
regardless of their status. customary international law. Relevant
international instruments include Article 75
Humane Treatment: POWs must be of Protocol I, the International Covenant on
humanely treated at all times. They must be Civil and Political Rights, and the
protected against acts of violence or Convention against Torture. For instance,
intimidation and against insults or public Article 2 of the Convention against Torture,
curiosity. POWs must be kept in facilities which the U.S. has ratified, states: "No
"under conditions as favorable as those for exceptional circumstance whatsoever,
the forces of the Detaining Power in the whether a state of war or a threat of war,
same area." In particular, "the premises internal political instability or any other
provided for the use of prisoners of public emergency, may be invoked as a
war...shall be entirely protected from justification of torture." Violation of Article
dampness and adequately heated and 2 is a criminal offense of universal
lighted." (Third Geneva, Arts. 13, 25, 34). jurisdiction.
Nonprivileged combatants are entitled to Prosecution: While

humane treatment. While the detainees can
be denied certain rights that would endanger · POWs cannot be tried or punished
security-such limitations should be simply for their participation in the armed
absolutely necessary, and should never conflict, they may be prosecuted for war
amount to inhumane or degrading treatment. crimes and crimes against humanity and for
common crimes under the laws of the
Interrogation: While POWs the detaining power or international law. POWs
detaining power may interrogate them, are entitled to substantial legal protections
POWs are only required to provide their during the trial: POWs have the right to be
surname, first names, rank, birth date of tried before the same courts and facing the
birth, and their army, regimental, personal or same procedures that the detaining power's
serial number under questioning. POWs, military personnel would face, offering "the
cannot be punished if they do not but are not essential guarantees of independence and
required to provide additionalany other impartiality." In the case of Afghanistan
information. "No physical or mental torture, POWs, that would mean trial before U.S.
nor any other form of coercion, may be court martial or U.S. civilian courts. POWs
inflicted on prisoners of war to secure from are entitled to competent counsel to
them information of any kind whatever. represent them at the trial, and must be
Prisoners of war who refuse to answer may informed of the charges against them. POWs
not be threatened, insulted, or exposed to are also entitled to have an appeal of their
any unpleasant or disadvantageous treatment conviction and sentence.
of any kind." (Third Geneva, Art. 17).
POW status provides protection only for
While nonprivileged or unlawful the act of taking up arms against opposing
combatants cannot claim the same military forces, and if that is all a POW has
protections under interrogation as POWs, done, then repatriation at the end of the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
conflict would be required. But as Article 82 c a m e r a if the security of the state so
of Third Geneva explains, POW status does requires.
not protect detainees from criminal offenses
that are applicable to the detaining powers' 1 International Committee of the Red
soldiers as well. That is, if appropriate Cross, Commentary: IV Geneva Convention
evidence can be collected, the United States Relative to the Protection of Civilian
would be perfectly entitled to charge the Persons in Time of War (Geneva: 1958), p.
Guantanamo detainees with war crimes, 51 (emphasis in original). The International
crimes against humanity, or other violations Criminal Tribunal for the Former
of U.S. criminal law, whether or not they Yugoslavia, charged with prosecuting war
have POW status. As Article 115 of the crimes and crimes against humanity
Third Geneva Convention explains, POWs committed during the recent conflicts in the
detained in connection with criminal Balkans, has explicitly affirmed this
prosecutions are entitled to be repatriated principle in a 1998 judgment, stating that
only "if the Detaining Power [that is, the "there is no gap between the Third and
United States] consents." Fourth Geneva Conventions. If an individual
is not entitled to the protection of the Third
Nonprivileged or unlawful combatants Convention as a prisoner of war ... he or she
may be charged with criminal offenses necessarily falls within the ambit of [the
arising out of their participation in the armed Fourth Convention], provided that its article
conflict.armed activity, because they are not 4 requirements [defining a protected person]
entitled to the immunity that is often called are satisfied." Celebici Judgment, para. 271
the "combatant's privilege." Like POWs, (1998).
they can also be charged with committing
war crimes, crimes against humanity, and 2 Celebici judgment, para 271.
common crimes. or other serious offenses.
While nonprivileged combatants are not 3 Remarks of Michael J. Matheson,
entitled to the extensive trial rights of POWs American University Journal of
under the Third Geneva Convention, they International Law and Policy, Vol. 2. No. 2
are entitled to a "fair and regular trial" and (1987), pp. 425-26.
the trial protections provided by the Fourth
Geneva Convention. It is a fundamental 4 U.S. military Judge Advocate General
provisions of the Geneva Conventions that Operational Law Handbook (2000). Eds. M.
all detainees are entitled to "all the judicial Lacey & B. Bill. International Law and
guarantees recognized as indispensable by Operational Law Department, Judge
civilized peoples." Nonprivileged Advocate General's School, Charlottesville,
combatants are entitled to trial before a Ch 5, p. 7.
"properly constituted, non-political military
court," to be informed of the charges against Refer this page to a friend
them, to present their defense and call
witnesses, to be assisted by qualified © Copyright 2002, Human Rights Watch !!
counsel of their own choice, to have an 350 Fifth Avenue, 34th Floor !! New York,
interpreter, and to mount an appeal against NY 10118-3299 !! USA
the conviction and sentence. As an
exceptional measure, trials may be held in !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Convention (III) relative to the Art 3. In the case of armed conflict not of
Treatment of Prisoners of War. an international character occurring in the
territory of one of the High Contracting
Geneva, 12 August 1949.
Parties, each Party to the conflict shall be
bound to apply, as a minimum, the
Preamble following provisions:
(1) Persons taking no active part in the
The undersigned Plenipotentiaries of the hostilities, including members of armed
Governments represented at the Diplomatic forces who have laid down their arms and
Conference held at Geneva from April 21 to those placed hors de combat by sickness,
August 12, 1949, for the purpose of revising wounds, detention, or any other cause, shall
the Convention concluded at Geneva on July in all circumstances be treated humanely,
27, 1929, relative to the Treatment of without any adverse distinction founded on
Prisoners of War, have agreed as follows: race, colour, religion or faith, sex, birth or
wealth, or any other similar criteria. To this
Part I. General Provisions end the following acts are and shall remain
prohibited at any time and in any place
Art 1. The High Contracting Parties whatsoever with respect to the above-
undertake to respect and to ensure respect mentioned persons:
for the present Convention in all (a) violence to life and person, in
circumstances. particular murder of all kinds, mutilation,
cruel treatment and torture;
Art 2. In addition to the provisions which (b) taking of hostages;
shall be implemented in peace time, the (c) outrages upon personal dignity, in
present Convention shall apply to all cases particular, humiliating and degrading
of declared war or of any other armed treatment;
conflict which may arise between two or (d) the passing of sentences and the
more of the High Contracting Parties, even carrying out of executions without previous
if the state of war is not recognized by one judgment pronounced by a regularly
of them. constituted court affording all the judicial
guarantees which are recognized as
The Convention shall also apply to all indispensable by civilized peoples.
cases of partial or total occupation of the (2) The wounded and sick shall be
territory of a High Contracting Party, even if collected and cared for.
the said occupation meets with no armed An impartial humanitarian body, such as
resistance. the International Committee of the Red
Cross, may offer its services to the Parties to
Although one of the Powers in conflict the conflict.
may not be a party to the present
Convention, the Powers who are parties The Parties to the conflict should further
thereto shall remain bound by it in their endeavour to bring into force, by means of
mutual relations. They shall furthermore be special agreements, all or part of the other
bound by the Convention in relation to the provisions of the present Convention.
said Power, if the latter accepts and applies
the provisions thereof.
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The application of the preceding provide them for that purpose with an
provisions shall not affect the legal status of identity card similar to the annexed model.
the Parties to the conflict.
(5) Members of crews, including
Art 4. A. Prisoners of war, in the sense of masters, pilots and apprentices, of the
the present Convention, are persons merchant marine and the crews of civil
belonging to one of the following categories, aircraft of the Parties to the conflict, who do
who have fallen into the power of the not benefit by more favourable treatment
enemy: under any other provisions of international
(1) Members of the armed forces of a law.
Party to the conflict, as well as members of
militias or volunteer corps forming part of (6) Inhabitants of a non-occupied
such armed forces. territory, who on the approach of the enemy
spontaneously take up arms to resist the
(2) Members of other militias and invading forces, without having had time to
members of other volunteer corps, including form themselves into regular armed units,
those of organized resistance movements, provided they carry arms openly and respect
belonging to a Party to the conflict and the laws and customs of war.
operating in or outside their own territory,
even if this territory is occupied, provided B. The following shall likewise be
that such militias or volunteer corps, treated as prisoners of war under the present
including such organized resistance Convention:
movements, fulfil the following conditions:[ (1) Persons belonging, or having
(a) that of being commanded by a person belonged, to the armed forces of the
responsible for his subordinates; occupied country, if the occupying Power
(b) that of having a fixed distinctive sign considers it necessary by reason of such
recognizable at a distance; allegiance to intern them, even though it has
(c) that of carrying arms openly; originally liberated them while hostilities
(d) that of conducting their operations in were going on outside the territory it
accordance with the laws and customs of occupies, in particular where such persons
war. have made an unsuccessful attempt to rejoin
the armed forces to which they belong and
(3) Members of regular armed forces which are engaged in combat, or where they
who profess allegiance to a government or fail to comply with a summons made to
an authority not recognized by the Detaining them with a view to internment.
Power.
(2) The persons belonging to one of the
(4) Persons who accompany the armed categories enumerated in the present Article,
forces without actually being members who have been received by neutral or non-
thereof, such as civilian members of military belligerent Powers on their territory and
aircraft crews, war correspondents, supply whom these Powers are required to intern
contractors, members of labour units or of under international law, without prejudice to
services responsible for the welfare of the any more favourable treatment which these
armed forces, provided that they have Powers may choose to give and with the
received authorization, from the armed exception of Articles 8, 10, 15, 30, fifth
forces which they accompany, who shall paragraph, 58-67, 92, 126 and, where
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diplomatic relations exist between the
Parties to the conflict and the neutral or non- Prisoners of war shall continue to have
belligerent Power concerned, those Articles the benefit of such agreements as long as the
concerning the Protecting Power. Where Convention is applicable to them, except
such diplomatic relations exist, the Parties to where express provisions to the contrary are
a conflict on whom these persons depend contained in the aforesaid or in subsequent
shall be allowed to perform towards them agreements, or where more favourable
the functions of a Protecting Power as measures have been taken with regard to
provided in the present Convention, without them by one or other of the Parties to the
prejudice to the functions which these conflict.
Parties normally exercise in conformity with
diplomatic and consular usage and treaties. Art 7. Prisoners of war may in no
circumstances renounce in part or in entirety
C. This Article shall in no way affect the the rights secured to them by the present
status of medical personnel and chaplains as Convention, and by the special agreements
provided for in Article 33 of the present referred to in the foregoing Article, if such
Convention. there be.
Art 5. The present Convention shall Art 8. The present Convention shall be
apply to the persons referred to in Article 4 applied with the cooperation and under the
from the time they fall into the power of the scrutiny of the Protecting Powers whose
enemy and until their final release and duty it is to safeguard the interests of the
repatriation. Parties to the conflict. For this purpose, the
Protecting Powers may appoint, apart from
Should any doubt arise as to whether their diplomatic or consular staff, delegates
persons, having committed a belligerent act from amongst their own nationals or the
and having fallen into the hands of the nationals of other neutral Powers. The said
enemy, belong to any of the categories delegates shall be subject to the approval of
enumerated in Article 4, such persons shall the Power with which they are to carry out
enjoy the protection of the present their duties.
Convention until such time as their status
has been determined by a competent The Parties to the conflict shall facilitate
tribunal. to the greatest extent possible the task of the
representatives or delegates of the Protecting
Art 6. In addition to the agreements Powers.
expressly provided for in Articles 10, 23, 28,
33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, The representatives or delegates of the
119, 122 and 132, the High Contracting Protecting Powers shall not in any case
Parties may conclude other special exceed their mission under the present
agreements for all matters concerning which Convention. They shall, in particular, take
they may deem it suitable to make separate account of the imperative necessities of
provision. No special agreement shall security of the State wherein they carry out
adversely affect the situation of prisoners of their duties.
war, as defined by the present Convention,
nor restrict the rights which it confers upon Art 9. The provisions of the present
them. Convention constitute no obstacle to the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
humanitarian activities which the
International Committee of the Red Cross or No derogation from the preceding
any other impartial humanitarian provisions shall be made by special
organization may, subject to the consent of agreements between Powers one of which is
the Parties to the conflict concerned, restricted, even temporarily, in its freedom
undertake for the protection of prisoners of to negotiate with the other Power or its allies
war and for their relief. by reason of military events, more
particularly where the whole, or a
Art 10. The High Contracting Parties substantial part, of the territory of the said
may at any time agree to entrust to an Power is occupied.
organization which offers all guarantees of
impartiality and efficacy the duties Whenever in the present Convention
incumbent on the Protecting Powers by mention is made of a Protecting Power, such
virtue of the present Convention. mention applies to substitute organizations
in the sense of the present Article.
When prisoners of war do not benefit or
cease to benefit, no matter for what reason, Art 11. In cases where they deem it
by the activities of a Protecting Power or of advisable in the interest of protected
an organization provided for in the first persons, particularly in cases of
paragraph above, the Detaining Power shall disagreement between the Parties to the
request a neutral State, or such an conflict as to the application or
organization, to undertake the functions interpretation of the provisions of the
performed under the present Convention by present Convention, the Protecting Powers
a Protecting Power designated by the Parties shall lend their good offices with a view to
to a conflict. settling the disagreement.
If protection cannot be arranged For this purpose, each of the Protecting

accordingly, the Detaining Power shall Powers may, either at the invitation of one
request or shall accept, subject to the Party or on its own initiative, propose to the
provisions of this Article, the offer of the Parties to the conflict a meeting of their
services of a humanitarian organization, representatives, and in particular of the
such as the International Committee of the authorities responsible for prisoners of war,
Red Cross to assume the humanitarian possibly on neutral territory suitably chosen.
functions performed by Protecting Powers The Parties to the conflict shall be bound to
under the present Convention. give effect to the proposals made to them for
this purpose. The Protecting Powers may, if
Any neutral Power or any organization necessary, propose for approval by the
invited by the Power concerned or offering Parties to the conflict a person belonging to
itself for these purposes, shall be required to a neutral Power, or delegated by the
act with a sense of responsibility towards the International Committee of the Red Cross,
Party to the conflict on which persons who shall be invited to take part in such a
protected by the present Convention depend, meeting.
and shall be required to furnish sufficient
assurances that it is in a position to Part II. General Protection of Prisoners
undertake the appropriate functions and to of War
discharge them impartially.
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Art 12. Prisoners of war are in the hands of violence or intimidation and against
of the enemy Power, but not of the insults and public curiosity.
individuals or military units who have
captured them. Irrespective of the individual Measures of reprisal against prisoners of
responsibilities that may exist, the Detaining war are prohibited.
Power is responsible for the treatment given
them. Art 14. Prisoners of war are entitled in all
circumstances to respect for their persons
Prisoners of war may only be transferred and their honour.
by the Detaining Power to a Power which is
a party to the Convention and after the Women shall be treated with all the
Detaining Power has satisfied itself of the regard due to their sex and shall in all cases
willingness and ability of such transferee benefit by treatment as favourable as that
Power to apply the Convention. When granted to men.
prisoners of war are transferred under such
circumstances, responsibility for the Prisoners of war shall retain the full civil
application of the Convention rests on the capacity which they enjoyed at the time of
Power accepting them while they are in its their capture. The Detaining Power may not
custody. restrict the exercise, either within or without
its own territory, of the rights such capacity
Nevertheless, if that Power fails to carry confers except in so far as the captivity
out the provisions of the Convention in any requires.
important respect, the Power by whom the
prisoners of war were transferred shall, upon Art 15. The Power detaining prisoners of
being notified by the Protecting Power, take war shall be bound to provide free of charge
effective measures to correct the situation or for their maintenance and for the medical
shall request the return of the prisoners of attention required by their state of health.
war. Such requests must be complied with.
Art 16. Taking into consideration the
Art 13. Prisoners of war must at all times provisions of the present Convention
be humanely treated. Any unlawful act or relating to rank and sex, and subject to any
omission by the Detaining Power causing privileged treatment which may be accorded
death or seriously endangering the health of to them by reason of their state of health,
a prisoner of war in its custody is prohibited, age or professional qualifications, all
and will be regarded as a serious breach of prisoners of war shall be treated alike by the
the present Convention. In particular, no Detaining Power, without any adverse
prisoner of war may be subjected to physical distinction based on race, nationality,
mutilation or to medical or scientific religious belief or political opinions, or any
experiments of any kind which are not other distinction founded on similar criteria.
justified by the medical, dental or hospital
treatment of the prisoner concerned and Part III. Captivity
carried out in his interest.
Section 1. Beginning of Captivity
Likewise, prisoners of war must at all
times be protected, particularly against acts Art 17. Every prisoner of war, when
questioned on the subject, is bound to give
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only his surname, first names and rank, date The questioning of prisoners of war shall
of birth, and army, regimental, personal or be carried out in a language which they
serial number, or failing this, equivalent understand.
information.
Art 18. All effects and articles of
If he wilfully infringes this rule, he may personal use, except arms, horses, military
render himself liable to a restriction of the equipment and military documents, shall
privileges accorded to his rank or status. remain in the possession of prisoners of war,
likewise their metal helmets and gas masks
Each Party to a conflict is required to and like articles issued for personal
furnish the persons under its jurisdiction protection. Effects and articles used for their
who are liable to become prisoners of war, clothing or feeding shall likewise remain in
with an identity card showing the owner's their possession, even if such effects and
surname, first names, rank, army, articles belong to their regulation military
regimental, personal or serial number or equipment.
equivalent information, and date of birth.
The identity card may, furthermore, bear the At no time should prisoners of war be
signature or the fingerprints, or both, of the without identity documents. The Detaining
owner, and may bear, as well, any other Power shall supply such documents to
information the Party to the conflict may prisoners of war who possess none.
wish to add concerning persons belonging to
its armed forces. As far as possible the card Badges of rank and nationality,
shall measure 6.5 x 10 cm. and shall be decorations and articles having above all a
issued in duplicate. The identity card shall personal or sentimental value may not be
be shown by the prisoner of war upon taken from prisoners of war.
demand, but may in no case be taken away
from him. Sums of money carried by prisoners of
war may not be taken away from them
No physical or mental torture, nor any except by order of an officer, and after the
other form of coercion, may be inflicted on amount and particulars of the owner have
prisoners of war to secure from them been recorded in a special register and an
information of any kind whatever. Prisoners itemized receipt has been given, legibly
of war who refuse to answer may not be inscribed with the name, rank and unit of the
threatened, insulted, or exposed to person issuing the said receipt. Sums in the
unpleasant or disadvantageous treatment of currency of the Detaining Power, or which
any kind. are changed into such currency at the
prisoner's request, shall be placed to the
Prisoners of war who, owing to their credit of the prisoner's account as provided
physical or mental condition, are unable to in Article 64.
state their identity, shall be handed over to
the medical service. The identity of such The Detaining Power may withdraw
prisoners shall be established by all possible articles of value from prisoners of war only
means, subject to the provisions of the for reasons of security; when such articles
preceding paragraph. are withdrawn, the procedure laid down for
sums of money impounded shall apply.
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Such objects, likewise sums taken away Section II. Internment of Prisoners of
in any currency other than that of the War
Detaining Power and the conversion of
which has not been asked for by the owners, Chapter I. General Observations
shall be kept in the custody of the Detaining
Power and shall be returned in their initial Art 21. The Detaining Power may
shape to prisoners of war at the end of their subject prisoners of war to internment. It
captivity. may impose on them the obligation of not
leaving, beyond certain limits, the camp
Art 19. Prisoners of war shall be where they are interned, or if the said camp
evacuated, as soon as possible after their is fenced in, of not going outside its
capture, to camps situated in an area far perimeter. Subject to the provisions of the
enough from the combat zone for them to be present Convention relative to penal and
out of danger. disciplinary sanctions, prisoners of war may
not be held in close confinement except
Only those prisoners of war who, owing where necessary to safeguard their health
to wounds or sickness, would run greater and then only during the continuation of the
risks by being evacuated than by remaining circumstances which make such
where they are, may be temporarily kept confinement necessary.
back in a danger zone.
Prisoners of war may be partially or
Prisoners of war shall not be wholly released on parole or promise, in so
unnecessarily exposed to danger while far as is allowed by the laws of the Power on
awaiting evacuation from a fighting zone. which they depend. Such measures shall be
taken particularly in cases where this may
Art 20. The evacuation of prisoners of contribute to the improvement of their state
war shall always be effected humanely and of health. No prisoner of war shall be
in conditions similar to those for the forces compelled to accept liberty on parole or
of the Detaining Power in their changes of promise.
station.
Upon the outbreak of hostilities, each
The Detaining Power shall supply Party to the conflict shall notify the adverse
prisoners of war who are being evacuated Party of the laws and regulations allowing or
with sufficient food and potable water, and forbidding its own nationals to accept liberty
with the necessary clothing and medical on parole or promise. Prisoners of war who
attention. The Detaining Power shall take all are paroled or who have given their promise
suitable precautions to ensure their safety in conformity with the laws and regulations
during evacuation, and shall establish as so notified, are bound on their personal
soon as possible a list of the prisoners of war honour scrupulously to fulfil, both towards
who are evacuated. the Power on which they depend and
towards the Power which has captured them,
If prisoners of war must, during the engagements of their paroles or
evacuation, pass through transit camps, their promises. In such cases, the Power on which
stay in such camps shall be as brief as they depend is bound neither to require nor
possible. to accept from them any service
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incompatible with the parole or promise Protecting Powers, all useful information
given. regarding the geographical location of
prisoner of war camps.
Art 22. Prisoners of war may be interned
only in premises located on land and Whenever military considerations permit,
affording every guarantee of hygiene and prisoner of war camps shall be indicated in
healthfulness. Except in particular cases the day-time by the letters PW or PG, placed
which are justified by the interest of the so as to be clearly visible from the air. The
prisoners themselves, they shall not be Powers concerned may, however, agree
interned in penitentiaries. upon any other system of marking. Only
prisoner of war camps shall be marked as
Prisoners of war interned in unhealthy such.
areas, or where the climate is injurious for
them, shall be removed as soon as possible Art 24. Transit or screening camps of a
to a more favourable climate. permanent kind shall be fitted out under
conditions similar to those described in the
The Detaining Power shall assemble present Section, and the prisoners therein
prisoners of war in camps or camp shall have the same treatment as in other
compounds according to their nationality, camps.
language and customs, provided that such
prisoners shall not be separated from Chapter II. Quarters, Food and Clothing
prisoners of war belonging to the armed of Prisoners of War
forces with which they were serving at the
time of their capture, except with their Art 25. Prisoners of war shall be
consent. quartered under conditions as favourable as
those for the forces of the Detaining Power
Art 23. No prisoner of war may at any who are billeted in the same area. The said
time be sent to, or detained in areas where conditions shall make allowance for the
he may be exposed to the fire of the combat habits and customs of the prisoners and shall
zone, nor may his presence be used to render in no case be prejudicial to their health.
certain points or areas immune from military
operations. The foregoing provisions shall apply in
particular to the dormitories of prisoners of
Prisoners of war shall have shelters war as regards both total surface and
against air bombardment and other hazards minimum cubic space, and the general
of war, to the same extent as the local installations, bedding and blankets.
civilian population. With the exception of
those engaged in the protection of their The premises provided for the use of
quarters against the aforesaid hazards, they prisoners of war individually or collectively,
may enter such shelters as soon as possible shall be entirely protected from dampness
after the giving of the alarm. Any other and adequately heated and lighted, in
protective measure taken in favour of the particular between dusk and lights out. All
population shall also apply to them. precautions must be taken against the danger
of fire.
Detaining Powers shall give the Powers
concerned, through the intermediary of the
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In any camps in which women prisoners The regular replacement and repair of the
of war, as well as men, are accommodated, above articles shall be assured by the
separate dormitories shall be provided for Detaining Power. In addition, prisoners of
them. war who work shall receive appropriate
clothing, wherever the nature of the work
Art 26. The basic daily food rations shall demands.
be sufficient in quantity, quality and variety
to keep prisoners of war in good health and Art 28. Canteens shall be installed in all
to prevent loss of weight or the development camps, where prisoners of war may procure
of nutritional deficiencies. Account shall foodstuffs, soap and tobacco and ordinary
also be taken of the habitual diet of the articles in daily use. The tariff shall never be
prisoners. in excess of local market prices.
The Detaining Power shall supply The profits made by camp canteens shall
prisoners of war who work with such be used for the benefit of the prisoners; a
additional rations as are necessary for the special fund shall be created for this
labour on which they are employed. purpose. The prisoners' representative shall
have the right to collaborate in the
Sufficient drinking water shall be management of the canteen and of this fund.
supplied to prisoners of war. The use of
tobacco shall be permitted. When a camp is closed down, the credit
balance of the special fund shall be handed
Prisoners of war shall, as far as possible, to an international welfare organization, to
be associated with the preparation of their be employed for the benefit of prisoners of
meals; they may be employed for that war of the same nationality as those who
purpose in the kitchens. Furthermore, they have contributed to the fund. In case of a
shall be given the means of preparing, general repatriation, such profits shall be
themselves, the additional food in their kept by the Detaining Power, subject to any
possession. agreement to the contrary between the
Powers concerned.
Adequate premises shall be provided for
messing. Chapter III. Hygene and Medical
Attention
Collective disciplinary measures
affecting food are prohibited. Art 29. The Detaining Power shall be
bound to take all sanitary measures
Art 27. Clothing, underwear and necessary to ensure the cleanliness and
footwear shall be supplied to prisoners of healthfulness of camps and to prevent
war in sufficient quantities by the Detaining epidemics.
Power, which shall make allowance for the
climate of the region where the prisoners are Prisoners of war shall have for their use,
detained. Uniforms of enemy armed forces day and night, conveniences which conform
captured by the Detaining Power should, if to the rules of hygiene and are maintained in
suitable for the climate, be made available to a constant state of cleanliness. In any camps
clothe prisoners of war. in which women prisoners of war are
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accommodated, separate conveniences shall
be provided for them. The costs of treatment, including those of
any apparatus necessary for the maintenance
Also, apart from the baths and showers of prisoners of war in good health,
with which the camps shall be furnished particularly dentures and other artificial
prisoners of war shall be provided with appliances, and spectacles, shall be borne by
sufficient water and soap for their personal the Detaining Power.
toilet and for washing their personal
laundry; the necessary installations, facilities Art 31. Medical inspections of prisoners
and time shall be granted them for that of war shall be held at least once a month.
purpose. They shall include the checking and the
recording of the weight of each prisoner of
Art 30. Every camp shall have an war.
adequate infirmary where prisoners of war
may have the attention they require, as well Their purpose shall be, in particular, to
as appropriate diet. Isolation wards shall, if supervise the general state of health,
necessary, be set aside for cases of nutrition and cleanliness of prisoners and to
contagious or mental disease. detect contagious diseases, especially
tuberculosis, malaria and venereal disease.
Prisoners of war suffering from serious For this purpose the most efficient methods
disease, or whose condition necessitates available shall be employed, e.g. periodic
special treatment, a surgical operation or mass miniature radiography for the early
hospital care, must be admitted to any detection of tuberculosis.
military or civilian medical unit where such
treatment can be given, even if their Art 32. Prisoners of war who, though not
repatriation is contemplated in the near attached to the medical service of their
future. Special facilities shall be afforded for armed forces, are physicians, surgeons,
the care to be given to the disabled, in dentists, nurses or medical orderlies, may be
particular to the blind, and for their. required by the Detaining Power to exercise
rehabilitation, pending repatriation. their medical functions in the interests of
prisoners of war dependent on the same
Prisoners of war shall have the attention, Power. In that case they shall continue to be
preferably, of medical personnel of the prisoners of war, but shall receive the same
Power on which they depend and, if treatment as corresponding medical
possible, of their nationality. personnel retained by the Detaining Power.
They shall be exempted from any other
Prisoners of war may not be prevented work under Article 49.
from presenting themselves to the medical
authorities for examination. The detaining Chapter IV. Medical Personnel and
authorities shall, upon request, issue to every Chaplains Retained to Assist Prisoners of
prisoner who has undergone treatment, an War
official certificate indicating the nature of
his illness or injury, and the duration and Art 33. Members of the medical
kind of treatment received. A duplicate of personnel and chaplains while retained by
this certificate shall be forwarded to the the Detaining Power with a view to assisting
Central Prisoners of War Agency. prisoners of war, shall not be considered as
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prisoners of war. They shall, however, facilities for correspondence relating to
receive as a minimum the benefits and these questions.
protection of the present Convention, and
shall also be granted all facilities necessary (c) Although they shall be subject to the
to provide for the medical care of, and internal discipline of the camp in which they
religious ministration to prisoners of war. are retained, such personnel may not be
compelled to carry out any work other than
They shall continue to exercise their that concerned with their medical or
medical and spiritual functions for the religious duties.
benefit of prisoners of war, preferably those
belonging to the armed forces upon which During hostilities, the Parties to the
they depend, within the scope of the military conflict shall agree concerning the possible
laws and regulations of the Detaining Power relief of retained personnel and shall settle
and under the control of its competent the procedure to be followed.
services, in accordance with their
professional etiquette. They shall also None of the preceding provisions shall
benefit by the following facilities in the relieve the Detaining Power of its
exercise of their medical obligations with regard to prisoners of war
or spiritual functions: from the medical or spiritual point of view.
(a) They shall be authorized to visit Chapter V. Religious, Intellectual and

periodically prisoners of war situated in Physical Activities
working detachments or in hospitals outside
the camp. For this purpose, the Detaining Art 34. Prisoners of war shall enjoy
Power shall place at their disposal the complete latitude in the exercise of their
necessary means of transport. religious duties, including attendance at the
service of their faith, on condition that they
(b) The senior medical officer in each comply with the disciplinary routine
camp shall be responsible to the camp prescribed by the military authorities.
military authorities for everything connected
with the activities of retained medical Adequate premises shall be provided
personnel. For this purpose, Parties to the where religious services may be held.
conflict shall agree at the outbreak of
hostilities on the subject of the Art 35. Chaplains who fall into the hands
corresponding ranks of the medical of the enemy Power and who remain or are
personnel, including that of societies retained with a view to assisting prisoners of
mentioned in Article 26 of the Geneva war, shall be allowed to minister to them
Convention for the Amelioration of the and to exercise freely their ministry amongst
Condition of the Wounded and Sick in prisoners of war of the same religion, in
Armed Forces in the Field of August 12, accordance with their religious conscience.
1949. This senior medical officer, as well as They shall be allocated among the various
chaplains, shall have the right to deal with camps and labour detachments containing
the competent authorities of the camp on all prisoners of war belonging to the same
questions relating to their duties. Such forces, speaking the same language or
authorities shall afford them all necessary practising the same religion. They shall
enjoy the necessary facilities, including the
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means of transport provided for in Article prisoners, and shall take the measures
33, for visiting the prisoners of war outside necessary to ensure the exercise thereof by
their camp. They shall be free to correspond, providing them with adequate premises and
subject to censorship, on matters concerning necessary equipment.
their religious duties with the ecclesiastical
authorities in the country of detention and Prisoners shall have opportunities for
with international religious organizations. taking physical exercise, including sports
Letters and cards which they may send for and games, and for being out of doors.
this purpose shall be in addition to the quota Sufficient open spaces shall be provided for
provided for in Article 71. this purpose in all camps.
Art 36. Prisoners of war who are Chapter VI. Discipline

ministers of religion, without having
officiated as chaplains to their own forces, Art 39. Every prisoner of war camp shall
shall be at liberty, whatever their be put under the immediate authority of a
denomination, to minister freely to the responsible commissioned officer belonging
members of their community. For this to the regular armed forces of the Detaining
purpose, they shall receive the same Power. Such officer shall have in his
treatment as the chaplains retained by the possession a copy of the present
Detaining Power. They shall not be obliged Convention; he shall ensure that its
to do any other work. provisions are known to the camp staff and
the guard and shall be responsible, under the
Art 37. When prisoners of war have not direction of his government, for its
the assistance of a retained chaplain or of a application.
prisoner of war minister of their faith, a
minister belonging to the prisoners' or a Prisoners of war, with the exception of
similar denomination, or in his absence a officers, must salute and show to all officers
qualified layman, if such a course is feasible of the Detaining Power the external marks
from a confessional point of view, shall be of respect provided for by the regulations
appointed, at the request of the prisoners applying in their own forces.
concerned, to fill this office. This
appointment, subject to the approval of the Officer prisoners of war are bound to
Detaining Power, shall take place with the salute only officers of a higher rank of the
agreement of the community of prisoners Detaining Power; they must, however, salute
concerned and, wherever necessary, with the the camp commander regardless of his rank.
approval of the local religious authorities of
the same faith. The person thus appointed Art 40. The wearing of badges of rank
shall comply with all regulations established and nationality, as well as of decorations,
by the Detaining Power in the interests of shall be permitted.
discipline and military security.
Art 41. In every camp the text of the
Art 38. While respecting the individual present Convention and its Annexes and the
preferences of every prisoner, the Detaining contents of any special agreement provided
Power shall encourage the practice of for in Article 6, shall be posted, in the
intellectual, educational, and recreational prisoners' own language, in places where all
pursuits, sports and games amongst may read them. Copies shall be supplied, on
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request, to the prisoners who cannot have who, as far as possible, speak the same
access to the copy which has been posted. language, shall be assigned in sufficient
numbers, account being taken of the rank of
Regulations, orders, notices and officers and prisoners of equivalent status.
publications of every kind relating to the Such orderlies shall not be required to
conduct of prisoners of war shall be issued perform any other work.
to them in a language which they
understand. Such regulations, orders and Supervision of the mess by the officers
publications shall be posted in the manner themselves shall be facilitated in every way.
described above and copies shall be handed
to the prisoners' representative. Every order Art 45. Prisoners of war other than
and command addressed to prisoners of war officers and prisoners of equivalent status
individually must likewise be given in a shall be treated with the regard due to their
language which they understand. rank and age.
Art 42. The use of weapons against Supervision of the mess by the prisoners
prisoners of war, especially against those themselves shall be facilitated in every way.
who are escaping or attempting to escape,
shall constitute an extreme measure, which Chapter VIII. Transfer of Prisoners of
shall always be preceded by warnings War after their Arrival in Camp
appropriate to the circumstances.
Art 46. The Detaining Power, when
Chapter VII. Rank of Prisoners of War deciding upon the transfer of prisoners of
war, shall take into account the interests of
Art 43. Upon the outbreak of hostilities, the prisoners themselves, more especially so
the Parties to the conflict shall communicate as not to increase the difficulty of their
to one another the titles and ranks of all the repatriation.
persons mentioned in Article 4 of the
present Convention, in order to ensure The transfer of prisoners of war shall
equality of treatment between prisoners of always be effected humanely and in
equivalent rank. Titles and ranks which are conditions not less favourable than those
subsequently created shall form the subject under which the forces of the Detaining
of similar communications. Power are transferred. Account shall always
be taken of the climatic conditions to which
The Detaining Power shall recognize the prisoners of war are accustomed and the
promotions in rank which have been conditions of transfer shall in no case be
accorded to prisoners of war and which have prejudicial to their health.
been duly notified by the Power on which
these prisoners depend. The Detaining Power shall supply
prisoners of war during transfer with
Art 44. Officers and prisoners of sufficient food and drinking water to keep
equivalent status shall be treated with the them in good health, likewise with the
regard due to their rank and age. necessary clothing, shelter and medical
attention. The Detaining Power shall take
In order to ensure service in officers' adequate precautions especially in case of
camps, other ranks of the same armed forces transport by sea or by air, to ensure their
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
safety during transfer, and shall draw up a
complete list of all transferred prisoners Section III. Labour of Prisoners of War
before their departure.
Art 49. The Detaining Power may utilize
Art 47. Sick or wounded prisoners of war the labour of prisoners of war who are
shall not be transferred as long as their physically fit, taking into account their age,
recovery may be endangered by the journey, sex, rank and physical aptitude, and with a
unless their safety imperatively demands it. view particularly to maintaining them in a
good state of physical and mental health.
If the combat zone draws closer to a
camp, the prisoners of war in the said camp Non-commissioned officers who are
shall not be transferred unless their transfer prisoners of war shall only be required to do
can be carried out in adequate conditions of supervisory work. Those not so required
safety, or unless they are exposed to greater may ask for other suitable work which shall,
risks by remaining on the spot than by being so far as possible, be found for them.
transferred.
If officers or persons of equivalent status
Art 48. In the event of transfer, prisoners ask for suitable work, it shall be found for
of war shall be officially advised of their them, so far as possible, but they may in no
departure and of their new postal address. circumstances be compelled to work.
Such notifications shall be given in time for
them to pack their luggage and inform their Art 50. Besides work connected with
next of kin. camp administration, installation or
maintenance, prisoners of war may be
They shall be allowed to take with them compelled to do only such work as is
their personal effects, and the included in the following classes:
correspondence and parcels which have
arrived for them. The weight of such (a) agriculture;
baggage may be limited, if the conditions of (b) industries connected with the
transfer so require, to what each prisoner can production or the extraction of raw
reasonably carry, which shall in no case be materials, and manufacturing industries,
more than twenty-five kilograms per head. with the exception of metallurgical,
machinery and chemical industries; public
Mail and parcels addressed to their works and building operations which have
former camp shall be forwarded to them no military character or purpose;
without delay. The camp commander shall (c) transport and handling of stores
take, in agreement with the prisoners' which are not military in character or
representative, any measures needed to purpose;
ensure the transport of the prisoners' (d) commercial business, and arts and
community property and of the luggage they crafts;
are unable to take with them in consequence (e) domestic service;
of restrictions imposed by virtue of the (f) public utility services having no
second paragraph of this Article. military character or purpose.
The costs of transfers shall be borne by Should the above provisions be

the Detaining Power. infringed, prisoners of war shall be allowed
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to exercise their right of complaint, in Art 53. The duration of the daily labour
conformity with Article 78. of prisoners of war, including the time of the
journey to and fro, shall not be excessive,
Art 51. Prisoners of war must be granted and must in no case exceed that permitted
suitable working conditions, especially as for civilian workers in the district, who are
regards accommodation, food, clothing and nationals of the Detaining Power and
equipment; such conditions shall not be employed on the same work.
inferior to those enjoyed by nationals of the
Detaining Power employed in similar work; Prisoners of war must be allowed, in the
account shall also be taken of climatic middle of the day's work, a rest of not less
conditions. than one hour. This rest will be the same as
that to which workers of the Detaining
The Detaining Power, in utilizing the Power are entitled, if the latter is of longer
labour of prisoners of war, shall ensure that duration. They shall be allowed in addition a
in areas in which such prisoners are rest of twenty-four consecutive hours every
employed, the national legislation week, preferably on Sunday or the day of
concerning the protection of labour, and, rest in their country of origin. Furthermore,
more particularly, the regulations for the every prisoner who has worked for one year
safety of workers, are duly applied. shall be granted a rest of eight consecutive
days, during which his working pay shall be
Prisoners of war shall receive training paid him.
and be provided with the means of
protection suitable to the work they will If methods of labour such as piece work
have to do and similar to those accorded to are employed, the length of the working
the nationals of the Detaining Power. period shall not be rendered excessive
Subject to the provisions of Article 52, thereby.
prisoners may be submitted to the normal
risks run by these civilian workers. Art 54. The working pay due to prisoners
of war shall be fixed in accordance with the
Conditions of labour shall in no case be provisions of Article 62 of the present
rendered more arduous by disciplinary Convention.
measures.
Prisoners of war who sustain accidents in
Art 52. Unless he be a volunteer, no connection with work, or who contract a
prisoner of war may be employed on labour disease in the course, or in consequence of
which is of an unhealthy or dangerous their work, shall receive all the care their
nature. condition may require. The Detaining Power
shall furthermore deliver to such prisoners
No prisoner of war shall be assigned to of war a medical certificate enabling them to
labour which would be looked upon as submit their claims to the Power on which
humiliating for a member of the Detaining they depend, and shall send a duplicate to
Power's own forces. the Central Prisoners of War Agency
provided for in Article 123.
The removal of mines or similar devices
shall be considered as dangerous labour. Art 55. The fitness of prisoners of war
for work shall be periodically verified by
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medical examinations at least once a month.
The examinations shall have particular Such prisoners of war shall have the right
regard to the nature of the work which to remain in communication with the
prisoners of war are required to do. prisoners' representatives in the camps on
which they depend.
If any prisoner of war considers himself
incapable of working, he shall be permitted Section IV. Financial Resources of
to appear before the medical authorities of Prisoners of War
his camp. Physicians or surgeons may
recommend that the prisoners who are, in Art 58. Upon the outbreak of hostilities,
their opinion, unfit for work, be exempted and pending an arrangement on this matter
therefrom. with the Protecting Power, the Detaining
Power may determine the maximum amount
Art 56. The organization and of money in cash or in any similar form, that
administration of labour detachments shall prisoners may have in their possession. Any
be similar to those of prisoner of war camps. amount in excess, which was properly in
their possession and which has been taken or
Every labour detachment shall remain withheld from them, shall be placed to their
under the control of and administratively account, together with any monies deposited
part of a prisoner of war camp. The military by them, and shall not be converted into any
authorities and the commander of the said other currency without their consent.
camp shall be responsible, under the
direction of their government, for the If prisoners of war are permitted to
observance of the provisions of the present purchase services or commodities outside
Convention in labour detachments. the camp against payment in cash, such
payments shall be made by the prisoner
The camp commander shall keep an up- himself or by the camp administration who
to-date record of the labour detachments will charge them to the accounts of the
dependent on his camp, and shall prisoners concerned. The Detaining Power
communicate it to the delegates of the will establish the necessary rules in this
Protecting Power, of the International respect.
Committee of the Red Cross, or of other
agencies giving relief to prisoners of war, Art 59. Cash which was taken from
who may visit the camp. prisoners of war, in accordance with Article
18, at the time of their capture, and which is
Art 57. The treatment of prisoners of war in the currency of the Detaining Power, shall
who work for private persons, even if the be placed to their separate accounts, in
latter are responsible for guarding and accordance with the provisions of Article 64
protecting them, shall not be inferior to that of the present Section.
which is provided for by the present
Convention. The Detaining Power, the The amounts, in the currency of the
military authorities and the commander of Detaining Power, due to the conversion of
the camp to which such prisoners belong sums in other currencies that are taken from
shall be entirely responsible for the the prisoners of war at the same time, shall
maintenance, care, treatment, and payment also be credited to their separate accounts.
of the working pay of such prisoners of war.
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Art 60. The Detaining Power shall grant (b) may temporarily limit the amount
all prisoners of war a monthly advance of made available from these advances of pay
pay, the amount of which shall be fixed by to prisoners of war for their own use, to
conversion, into the currency sums which are reasonable, but which, for
of the said Power, of the following Category I, shall never be inferior to the
amounts: amount that the Detaining Power gives to
the members of its own armed forces.
Category I : Prisoners ranking below
sergeants: eight Swiss francs. The reasons for any limitations will be
given without delay to the Protecting Power.
Category II : Sergeants and other non-
commissioned officers, or prisoners of Art 61. The Detaining Power shall accept
equivalent rank: twelve Swiss francs. for distribution as supplementary pay to
prisoners of war sums which the Power on
Category III: Warrant officers and which the prisoners depend may forward to
commissioned officers below the rank of them, on condition that the sums to be paid
major or prisoners of equivalent rank: fifty shall be the same for each prisoner of the
Swiss francs. same category, shall be payable to all
prisoners of that category depending on that
Category IV : Majors, lieutenant- Power, and shall be placed in their separate
colonels, colonels or prisoners of equivalent accounts, at the earliest opportunity, in
rank: sixty Swiss francs. accordance with the provisions of Article
64. Such supplementary pay shall not relieve
Category V : General officers or the Detaining Power of any obligation under
prisoners of war of equivalent rank: seventy- this Convention.
five Swiss francs.
Art 62. Prisoners of war shall be paid a
However, the Parties to the conflict fair working rate of pay by the detaining
concerned may by special agreement modify authorities direct. The rate shall be fixed by
the amount of advances of pay due to the said authorities, but shall at no time be
prisoners of the preceding categories. less than one-fourth of one Swiss franc for a
full working day. The Detaining Power shall
Furthermore, if the amounts indicated in inform prisoners of war, as well as the
the first paragraph above would be unduly Power on which they depend, through the
high compared with the pay of the Detaining intermediary of the Protecting Power, of the
Power's armed forces or would, for any rate of daily working pay that it has fixed.
reason, seriously embarrass the Detaining
Power, then, pending the conclusion of a Working pay shall likewise be paid by
special agreement with the Power on which the detaining authorities to prisoners of war
the prisoners depend to vary the amounts permanently detailed to duties or to a skilled
indicated above, the Detaining Power: or semi-skilled occupation in connection
with the administration, installation or
(a) shall continue to credit the accounts maintenance of camps, and to the prisoners
of the prisoners with the amounts indicated who are required to carry out spiritual or
in the first paragraph above; medical duties on behalf of their comrades.
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The working pay of the prisoners' To apply the foregoing provisions, the
representative, of his advisers, if any, and of Detaining Power may usefully consult the
his assistants, shall be paid out of the fund Model Regulations in Annex V of the
maintained by canteen profits. The scale of present Convention.
this working pay shall be fixed by the
prisoners' representative and approved by Art. 64 The Detaining Power shall hold
the camp commander. If there is no such an account for each prisoner of war,
fund, the detaining authorities shall pay showing at least the following:
these prisoners a fair working rate of pay.
(1) The amounts due to the prisoner or
Atr 63. Prisoners of war shall be received by him as advances of pay, as
permitted to receive remittances of money working pay or derived from any other
addressed to them individually or source; the sums in the currency of the
collectively. Detaining Power which were taken from
him; the sums taken from him and converted
Every prisoner of war shall have at his at his request into the currency of the said
disposal the credit balance of his account as Power.
provided for in the following Article, within
the limits fixed by the Detaining Power, (2) The payments made to the prisoner in
which shall make such payments as are cash, or in any other similar form; the
requested. Subject to financial or monetary payments made on his behalf and at his
restrictions which the Detaining Power request; the sums transferred under Article
regards as essential, prisoners of war may 63, third paragraph.
also have payments made abroad. In this
case payments addressed by prisoners of war Art 65. Every item entered in the account
to dependents shall be given priority. of a prisoner of war shall be countersigned
or initialled by him, or by the prisoners'
In any event, and subject to the consent representative acting on his behalf.
of the Power on which they depend,
prisoners may have payments made in their Prisoners of war shall at all times be
own country, as follows: the Detaining afforded reasonable facilities for consulting
Power shall send to the aforesaid Power and obtaining copies of their accounts,
through the Protecting Power, a notification which may likewise be inspected by the
giving all the necessary particulars representatives of the Protecting Powers at
concerning the prisoners of war, the the time of visits to the camp.
beneficiaries of the payments, and the
amount of the sums to be paid, expressed in When prisoners of war are transferred
the Detaining Power's currency. The said from one camp to another, their personal
notification shall be signed by the prisoners accounts will follow them. In case of
and countersigned by the camp commander. transfer from one Detaining Power to
The Detaining Power shall debit the another, the monies which are their property
prisoners' account by a corresponding and are not in the currency of the Detaining
amount; the sums thus debited shall be Power will follow them. They shall be given
placed by it to the credit of the Power on certificates for any other monies standing to
which the prisoners depend. the credit of their accounts.
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The Parties to the conflict concerned may other disability arising out of work shall be
agree to notify to each other at specific referred to the Power on which he depends,
intervals through the Protecting Power, the through the Protecting Power. In accordance
amount of the accounts of the prisoners of with Article 54, the Detaining Power will, in
war. all cases, provide the prisoner of war
concerned with a statement showing the
Art 66. On the termination of captivity, nature of the injury or disability, the
through the release of a prisoner of war or circumstances in which it arose and
his repatriation, the Detaining Power shall particulars of medical or hospital treatment
give him a statement, signed by an given for it. This statement will be signed by
authorized officer of that Power, showing a responsible officer of the Detaining Power
the credit balance then due to him. The and the medical particulars certified by a
Detaining Power shall also send through the medical officer.
Protecting Power to the government upon
which the prisoner of war depends, lists Any claim by a prisoner of war for
giving all appropriate particulars of all compensation in respect of personal effects
prisoners of war whose captivity has been monies or valuables impounded by the
terminated by repatriation, release, escape, Detaining Power under Article 18 and not
death or any other means, and showing the forthcoming on his repatriation, or in respect
amount of their credit balances. Such lists of loss alleged to be due to the fault of the
shall be certified on each sheet by an Detaining Power or any of its servants, shall
authorized representative of the Detaining likewise be referred to the Power on which
Power. he depends. Nevertheless, any such personal
effects required for use by the prisoners of
Any of the above provisions of this war whilst in captivity shall be replaced at
Article may be varied by mutual agreement the expense of the Detaining Power. The
between any two Parties to the conflict. Detaining Power will, in all cases, provide
the prisoner of war with a statement, signed
The Power on which the prisoner of war by a responsible officer, showing all
depends shall be responsible for settling available information regarding the reasons
with him any credit balance due to him from why such effects, monies or valuables have
the Detaining Power on the termination of not been restored to him. A copy of this
his captivity. statement will be forwarded to the Power on
which he depends through the Central
Art 67. Advances of pay, issued to Prisoners of War Agency provided for in
prisoners of war in conformity with Article Article 123.
60, shall be considered as made on behalf of
the Power on which they depend. Such Section V. Relations of Prisoners of War
advances of pay, as well as all payments With the Exterior
made by the said Power under Article 63,
third paragraph, and Article 68, shall form Art 69. Immediately upon prisoners of
the subject of arrangements between the war falling into its power, the Detaining
Powers concerned, at the close of hostilities. Power shall inform them and the Powers on
which they depend, through the Protecting
Art 68. Any claim by a prisoner of war Power, of the measures taken to carry out
for compensation in respect of any injury or the provisions of the present Section. They
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shall likewise inform the parties concerned
of any subsequent modifications of such Prisoners of war who have been without
measures. news for a long period, or who are unable to
receive news from their next of kin or to
Art 70. Immediately upon capture, or not give them news by the ordinary postal route,
more than one week after arrival at a camp, as well as those who are at a great distance
even if it is a transit camp, likewise in case from their homes, shall be permitted to send
of sickness or transfer to hospital or to telegrams, the fees being charged against the
another camp, every prisoner of war shall be prisoners of war's accounts with the
enabled to write direct to his family, on the Detaining Power or paid in the currency at
one hand, and to the Central Prisoners of their disposal. They shall likewise benefit by
War Agency provided for in Article 123, on this measure in cases of urgency.
the other hand, a card similar, if possible, to
the model annexed to the present As a general rule, the correspondence of
Convention, informing his relatives of his prisoners of war shall be written in their
capture, address and state of health. The said native language. The Parties to the conflict
cards shall be forwarded as rapidly as may allow correspondence in other
possible and may not be delayed in any languages.
manner.
Sacks containing prisoner of war mail
Art 71. Prisoners of war shall be allowed must be securely sealed and labelled so as
to send and receive letters and cards. If the clearly to indicate their contents, and must
Detaining Power deems it necessary to limit be addressed to offices of destination.
the number of letters and cards sent by each
prisoner of war, the said number shall not be Art 72. Prisoners of war shall be allowed
less than two letters and four cards monthly, to receive by post or by any other means
exclusive of the capture cards provided for individual parcels or collective shipments
in Article 70, and conforming as closely as containing, in particular, foodstuffs,
possible to the models annexed to the clothing, medical supplies and articles of a
present Convention. Further limitations may religious, educational or recreational
be imposed only if the Protecting Power is character which may meet their needs,
satisfied that it would be in the interests of including books, devotional articles,
the prisoners of war concerned to do so scientific equipment, examination papers,
owing to difficulties of translation caused by musical instruments, sports outfits and
the Detaining Power's inability to find materials allowing prisoners of war to
sufficient qualified linguists to carry out the pursue their studies or their cultural
necessary censorship. If limitations must be activities.
placed on the correspondence addressed to
prisoners of war, they may be ordered only Such shipments shall in no way free the
by the Power on which the prisoners depend, Detaining Power from the obligations
possibly at the request of the Detaining imposed upon it by virtue of the present
Power. Such letters and cards must be Convention.
conveyed by the most rapid method at the
disposal of the Detaining Power; they may The only limits which may be placed on
not be delayed or retained for these shipments shall be those proposed by
disciplinary reasons. the Protecting Power in the interest of the
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prisoners themselves, or by the International Correspondence, relief shipments and
Committee of the Red Cross or any other authorized remittances of money addressed
organization giving assistance to the to prisoners of war or despatched by them
prisoners, in respect of their own shipments through the post office, either direct or
only, on account of exceptional strain on through the Information Bureaux provided
transport or communications. for in Article 122 and the Central Prisoners
of War Agency provided for in Article 123,
The conditions for the sending of shall be exempt from any postal dues, both
individual parcels and collective relief shall, in the countries of origin and destination,
if necessary, be the subject of special and in intermediate countries.
agreements between the Powers concerned,
which may in no case delay the receipt by If relief shipments intended for prisoners
the prisoners of relief supplies. Books may of war cannot be sent through the post office
not be included in parcels of clothing and by reason of weight or for any other cause,
foodstuffs. Medical supplies shall, as a rule, the cost of transportation shall be borne by
be sent in collective parcels. the Detaining Power in all the territories
under its control. The other Powers party to
Art 73. In the absence of special the Convention shall bear the cost of
agreements between the Powers concerned transport in their respective territories. In the
on the conditions for the receipt and absence of special agreements between the
distribution of collective relief shipments, Parties concerned, the costs connected with
the rules and regulations concerning transport of such shipments, other than costs
collective shipments, which are annexed to covered by the above exemption, shall be
the present Convention, shall be applied. charged to the senders.
The special agreements referred to above The High Contracting Parties shall
shall in no case restrict the right of prisoners' endeavour to reduce, so far as possible, the
representatives to take possession of rates charged for telegrams sent by prisoners
collective relief shipments intended for of war, or addressed to them.
prisoners of war, to proceed to their
distribution or to dispose of them in the Art 75. Should military operations
interest of the prisoners. prevent the Powers concerned from
fulfilling their obligation to assure the
Nor shall such agreements restrict the transport of the shipments referred to in
right of representatives of the Protecting Articles 70, 71, 72 and 77, the Protecting
Power, the International Committee of the Powers concerned, the International
Red Cross or any other organization giving Committee of the Red Cross or any other
assistance to prisoners of war and organization duly approved by the Parties to
responsible for the forwarding of collective the conflict may undertake to ensure the
shipments, to supervise their distribution to conveyance of such shipments by suitable
the recipients. means (railway wagons, motor vehicles,
vessels or aircraft, etc.). For this purpose,
Art 74. All relief shipments for prisoners the High Contracting Parties shall endeavour
of war shall be exempt from import, customs to supply them with such transport and to
and other dues. allow its circulation, especially by granting
the necessary safe-conducts.
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shall not be delayed under the pretext of
Such transport may also be used to difficulties of censorship.
convey:
Any prohibition of correspondence
(a) correspondence, lists and reports ordered by Parties to the conflict, either for
exchanged between the Central Information military or political reasons, shall be only
Agency referred to in Article 123 and the temporary and its duration shall be as short
National Bureaux referred to in Article 122; as possible.
(b) correspondence and reports relating Art 77. The Detaining Powers shall
to prisoners of war which the Protecting provide all facilities for the transmission,
Powers, the International Committee of the through the Protecting Power or the Central
Red Cross or any other body assisting the Prisoners of War Agency provided for in
prisoners, exchange either with their own Article 123 of instruments, papers or
delegates or with the Parties to the conflict. documents intended for prisoners of war or
despatched by them, especially powers of
These provisions in no way detract from attorney and wills.
the right of any Party to the conflict to
arrange other means of transport, if it should In all cases they shall facilitate the
so prefer, nor preclude the granting of safe- preparation and execution of such
conducts, under mutually agreed conditions, documents on behalf of prisoners of war; in
to such means of transport. particular, they shall allow them to consult a
lawyer and shall take what measures are
In the absence of special agreements, the necessary for the authentication of their
costs occasioned by the use of such means signatures.
of transport shall be borne proportionally by
the Parties to the conflict whose nationals Section VI. Relations Between Prisoners
are benefited thereby. of War and the Authorities
Art 76. The censoring of correspondence Chapter I. Complaints of Prisoners of

addressed to prisoners of war or despatched War Respecting the Conditions of Captivity
by them shall be done as quickly as possible.
Mail shall be censored only by the Art 78 Prisoners of war shall have the
despatching State and the receiving State, right to make known to the military
and once only by each. authorities in whose power they are, their
requests regarding the conditions of
The examination of consignments captivity to which they are subjected.
intended for prisoners of war shall not be
carried out under conditions that will expose They shall also have the unrestricted
the goods contained in them to deterioration; right to apply to the representatives of the
except in the case of written or printed Protecting Powers either through their
matter, it shall be done in the presence of the prisoners' representative or, if they consider
addressee, or of a fellow-prisoner duly it necessary, direct, in order to draw their
delegated by him. The delivery to prisoners attention to any points on which they may
of individual or collective consignments have complaints to make regarding their
conditions of captivity.
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responsible. These officers may be elected
These requests and complaints shall not as prisoners' representatives under the first
be limited nor considered to be a part of the paragraph of this Article. In such a case the
correspondence quota referred to in Article assistants to the prisoners' representatives
71. They must be transmitted immediately. shall be chosen from among those prisoners
Even if they are recognized to be unfounded, of war who are not officers.
they may not give rise to any punishment.
Every representative elected must be
Prisoners' representatives may send approved by the Detaining Power before he
periodic reports on the situation in the has the right to commence his duties. Where
camps and the needs of the prisoners of war the Detaining Power refuses to approve a
to the representatives of the Protecting prisoner of war elected by his fellow
Powers. prisoners of war, it must inform the
Protecting Power of the reason for such
Chapter II. Prisoner of War refusal.
Representatives
In all cases the prisoners' representative
Art 79. IIn all places where there are must have the same nationality, language
prisoners of war, except in those where there and customs as the prisoners of war whom
are officers, the prisoners shall freely elect he represents. Thus, prisoners of war
by secret ballot, every six months, and also distributed in different sections of a camp,
in case of vacancies, prisoners' according to their nationality, language or
representatives entrusted with representing customs, shall have for each section their
them before the military authorities, the own prisoners' representative, in accordance
Protecting Powers, the International with the foregoing paragraphs.
Committee of the Red Cross and any other
organization which may assist them. These Art 80. Prisoners' representatives shall
prisoners' representatives shall be eligible further the physical, spiritual and intellectual
for re-election. well-being of prisoners of war.
In camps for officers and persons of In particular, where the prisoners decide
equivalent status or in mixed camps, the to organize amongst themselves a system of
senior officer among the prisoners of war mutual assistance, this organization will be
shall be recognized as the camp prisoners' within the province of the prisoners'
representative. In camps for officers, he representative, in addition to the special
shall be assisted by one or more advisers duties entrusted to him by other provisions
chosen by the officers; in mixed camps, his of the present Convention.
assistants shall be chosen from among the
prisoners of war who are not officers and Prisoners' representatives shall not be
shall be elected by them. held responsible, simply by reason of their
duties, for any offences committed by
Officer prisoners of war of the same prisoners of war.
nationality shall be stationed in labour
camps for prisoners of war, for the purpose Art 81. Prisoners' representatives shall
of carrying out the camp administration not be required to perform any other work, if
duties for which the prisoners of war are
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the accomplishment of their duties is thereby I. General Provisions
made more difficult.
Art 82. A prisoner of war shall be subject
Prisoners' representatives may appoint to the laws, regulations and orders in force
from amongst the prisoners such assistants in the armed forces of the Detaining Power;
as they may require. All material facilities the Detaining Power shall be justified in
shall be granted them, particularly a certain taking judicial or disciplinary measures in
freedom of movement necessary for the respect of any offence committed by a
accomplishment of their duties (inspection prisoner of war against such laws,
of labour detachments, receipt of supplies, regulations or orders. However, no
etc.). proceedings or punishments contrary to the
provisions of this Chapter shall be allowed.
Prisoners' representatives shall be
permitted to visit premises where prisoners If any law, regulation or order of the
of war are detained, and every prisoner of Detaining Power shall declare acts
war shall have the right to consult freely his committed by a prisoner of war to be
prisoners' representative. punishable, whereas the same acts would not
be punishable if committed by a member of
All facilities shall likewise be accorded the forces of the Detaining Power, such acts
to the prisoners' representatives for shall entail disciplinary punishments only.
communication by post and telegraph with
the detaining authorities, the Protecting Art 83. In deciding whether proceedings
Powers, the International Committee of the in respect of an offence alleged to have been
Red Cross and their delegates, the Mixed committed by a prisoner of war shall be
Medical Commissions and the bodies which judicial or disciplinary, the Detaining Power
give assistance to prisoners of war. shall ensure that the competent authorities
Prisoners' representatives of labour exercise the greatest leniency and adopt,
detachments shall enjoy the same facilities wherever possible, disciplinary rather than
for communication with the prisoners' judicial measures.
representatives of the principal camp. Such
communications shall not be restricted, nor Art 84. A prisoner of war shall be tried
considered as forming a part of the quota only by a military court, unless the existing
mentioned in Article 71. laws of the Detaining Power expressly
permit the civil courts to try a member of the
Prisoners' representatives who are armed forces of the Detaining Power in
transferred shall be allowed a reasonable respect of the particular offence alleged to
time to acquaint their successors with have been committed by the prisoner of war.
current affairs.
In no circumstances whatever shall a
In case of dismissal, the reasons therefor prisoner of war be tried by a court of any
shall be communicated to the Protecting kind which does not offer the essential
Power. guarantees of independence and impartiality
as generally recognized, and, in particular,
Chapter III. Penal and Disciplinary the procedure of which does not afford the
Sanctions accused the rights and means of defence
provided for in Article 105.
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severe treatment than that applied in respect
Art 85. Prisoners of war prosecuted of the same punishment to members of the
under the laws of the Detaining Power for armed forces of the Detaining Power of
acts committed prior to capture shall retain, equivalent rank.
even if convicted, the benefits of the present
Convention. A woman prisoner of war shall not be
awarded or sentenced to a punishment more
Art 86. No prisoner of war may be severe, or treated whilst undergoing
punished more than once for the same act or punishment more severely, than a woman
on the same charge. member of the armed forces of the
Detaining Power dealt with for a similar
Art 87. Prisoners of war may not be offence.
sentenced by the military authorities and
courts of the Detaining Power to any In no case may a woman prisoner of war
penalties except those provided for in be awarded or sentenced to a punishment
respect of members of the armed forces of more severe, or treated whilst undergoing
the said Power who have committed the punishment more severely, than a male
same acts. member of the armed forces of the
Detaining Power dealt with for a similar
When fixing the penalty, the courts or offence.
authorities of the Detaining Power shall take
into consideration, to the widest extent Prisoners of war who have served
possible, the fact that the accused, not being disciplinary or judicial sentences may not be
a national of the Detaining Power, is not treated differently from other prisoners of
bound to it by any duty of allegiance, and war.
that he is in its power as the result of
circumstances independent of his own will. II. Disciplinary Sanctions
The said courts or authorities shall be at
liberty to reduce the penalty provided for the Art 88. The disciplinary punishments
violation of which the prisoner of war is applicable to prisoners of war are the
accused, and shall therefore not be bound to following:
apply the minimum penalty prescribed.
(1) A fine which shall not exceed 50 per
Collective punishment for individual cent of the advances of pay and working pay
acts, corporal punishment, imprisonment in which the prisoner of war would otherwise
premises without daylight and, in general, receive under the provisions of Articles 60
any form of torture or cruelty, are forbidden. and 62 during a period of not more than
thirty days.
No prisoner of war may be deprived of (2) Discontinuance of privileges granted
his rank by the Detaining Power, or over and above the treatment provided for
prevented from wearing his badges. by the present Convention.
(3) Fatigue duties not exceeding two
Art 88. Officers, non-commissioned hours daily.
officers and men who are prisoners of war (4) Confinement.
undergoing a disciplinary or judicial
punishment, shall not be subjected to more
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The punishment referred to under (3) allied Power, in the territorial waters of the
shall not be applied to officers. Detaining Power, the said ship not being
under the control of the last named Power.
In no case shall disciplinary punishments
be inhuman, brutal or dangerous to the Prisoners of war who have made good
health of prisoners of war. their escape in the sense of this Article and
who are recaptured, shall not be liable to any
Art 90. The duration of any single punishment in respect of their previous
punishment shall in no case exceed thirty escape.
days. Any period of confinement awaiting
the hearing of a disciplinary offence or the Art 92. A prisoner of war who attempts
award of disciplinary punishment shall be to escape and is recaptured before having
deducted from an award pronounced against made good his escape in the sense of Article
a prisoner of war. 91 shall be liable only to a disciplinary
punishment in respect of this act, even if it is
The maximum of thirty days provided a repeated offence.
above may not be exceeded, even if the
prisoner of war is answerable for several A prisoner of war who is recaptured shall
acts at the same time when he is awarded be handed over without delay to the
punishment, whether such acts are related or competent military authority.
not.
Article 88, fourth paragraph,
The period between the pronouncing of notwithstanding, prisoners of war punished
an award of disciplinary punishment and its as a result of an unsuccessful escape may be
execution shall not exceed one month. subjected to special surveillance. Such
surveillance must not affect the state of their
When a prisoner of war is awarded a health, must be undergone in a prisoner of
further disciplinary punishment, a period of war camp, and must not entail the
at least three days shall elapse between the suppression of any of the safeguards granted
execution of any two of the punishments, if them by the present Convention.
the duration of one of these is ten days or
more. Art 93. Escape or attempt to escape, even
if it is a repeated offence, shall not be
Art 91. The escape of a prisoner of war deemed an aggravating circumstance if the
shall be deemed to have succeeded when: prisoner of war is subjected to trial by
judicial proceedings in respect of an offence
(1) he has joined the armed forces of the committed during his escape or attempt to
Power on which he depends, or those of an escape.
allied Power;
In conformity with the principle stated in
(2) he has left the territory under the Article 83, offences committed by prisoners
control of the Detaining Power, or of an ally of war with the sole intention of facilitating
of the said Power; their escape and which do not entail any
violence against life or limb, such as
(3) he has joined a ship flying the flag of offences against public property, theft
the Power on which he depends, or of an without intention of self-enrichment, the
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drawing up or use of false papers, or the or to whom he has delegated his disciplinary
wearing of civilian clothing, shall occasion powers.
disciplinary punishment only.
In no case may such powers be delegated
Prisoners of war who aid or abet an to a prisoner of war or be exercised by a
escape or an attempt to escape shall be liable prisoner of war.
on this count to disciplinary punishment
only. Before any disciplinary award is
pronounced, the accused shall be given
Art 94. If an escaped prisoner of war is precise information regarding the offences
recaptured, the Power on which he depends of which he is accused, and given an
shall be notified thereof in the manner opportunity of explaining his conduct and of
defined in Article 122, provided notification defending himself. He shall be permitted, in
of his escape has been made. particular, to call witnesses and to have
recourse, if necessary, to the services of a
Art 95. A prisoner of war accused of an qualified interpreter. The decision shall be
offence against discipline shall not be kept announced to the accused prisoner of war
in confinement pending the hearing unless a and to the prisoners' representative.
member of the armed forces of the
Detaining Power would be so kept if he A record of disciplinary punishments
were accused of a similar offence, or if it is shall be maintained by the camp commander
essential in the interests of camp order and and shall be open to inspection by
discipline. representatives of the Protecting Power.
Any period spent by a prisoner of war in Art 97. Prisoners of war shall not in any
confinement awaiting the disposal of an case be transferred to penitentiary
offence against discipline shall be reduced to establishments (prisons, penitentiaries,
an absolute minimum and shall not exceed convict prisons, etc.) to undergo disciplinary
fourteen days. punishment therein.
The provisions of Articles 97 and 98 of All premises in which disciplinary

this Chapter shall apply to prisoners of war punishments are undergone shall conform to
who are in confinement awaiting the the sanitary requirements set forth in Article
disposal of offences against discipline. 25. A prisoner of war undergoing
punishment shall be enabled to keep himself
Art 96. Acts which constitute offences in a state of cleanliness, in conformity with
against discipline shall be investigated Article 29.
immediately.
Officers and persons of equivalent status
Without prejudice to the competence of shall not be lodged in the same quarters as
courts and superior military authorities, non-commissioned officers or men.
disciplinary punishment may be ordered
only by an officer having disciplinary Women prisoners of war undergoing
powers in his capacity as camp commander, disciplinary punishment shall be confined in
or by a responsible officer who replaces him separate quarters from male prisoners of war
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and shall be under the immediate
supervision of women. No moral or physical coercion may be
exerted on a prisoner of war in order to
Art 98. A prisoner of war undergoing induce him to admit himself guilty of the act
confinement as a disciplinary punishment, of which he is accused.
shall continue to enjoy the benefits of.the
provisions of this Convention except in so No prisoner of war may be convicted
far as these are necessarily rendered without having had an opportunity to present
inapplicable by the mere fact that he is his defence and the assistance of a qualified
confined. In no case may he be deprived of advocate or counsel.
the benefits of the provisions of Articles 78
and 126. Art 100. Prisoners of war and the
Protecting Powers shall be informed as soon
A prisoner of war awarded disciplinary as possible of the offences which are
punishment may not be deprived of the punishable by the death sentence under the
prerogatives attached to his rank. laws of the Detaining Power.
Prisoners of war awarded disciplinary Other offences shall not thereafter be

punishment shall be allowed to exercise and made punishable by the death penalty
to stay in the open air at least two hours without the concurrence of the Power on
daily. which the prisoners of war depend.
They shall be allowed, on their request, The death sentence cannot be

to be present at the daily medical pronounced on a prisoner of war unless the
inspections. They shall receive the attention attention of the court has, in accordance with
which their state of health requires and, if Article 87, second paragraph, been
necessary, shall be removed to the camp particularly called to the fact that since the
infirmary or to a hospital. accused is not a national of the Detaining
Power, he is not bound to it by any duty of
They shall have permission to read and allegiance, and that he is in its power as the
write, likewise to send and receive letters. result of circumstances independent of his
Parcels and remittances of money however, own will.
may be withheld from them until the
completion of the punishment; they shall Art 101. If the death penalty is
meanwhile be entrusted to the prisoners' pronounced on a prisoner of war, the
representative, who-will hand over to the sentence shall not be executed before the
infirmary the perishable goods contained in expiration of a period of at least six months
such parcels. from the date when the Protecting Power
receives, at an indicated address, the detailed
III. Juridicial Proceedings communication provided for in Article 107.
Art 99. No prisoner of war may be tried Art 102. A prisoner of war can be validly
or sentenced for an act which is not sentenced only if the sentence has been
forbidden by the law of the Detaining Power pronounced by the same courts according to
or by international law, in force at the time the same procedure as in the case of
the said act was committed. members of the armed forces of the
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Detaining Power, and if, furthermore, the date of birth, and his profession or trade, if
provisions of the present Chapter have been any;
observed. (2) Place of internment or confinement;
(3) Specification of the charge or charges
Art 103. Judicial investigations relating on which the prisoner of war is to be
to a prisoner of war shall be conducted as arraigned, giving the legal provisions
rapidly as circumstances permit and so that applicable;
his trial shall take place as soon as possible. (4) Designation of the court which will
A prisoner of war shall not be confined try the case, likewise the date and place
while awaiting trial unless a member of the fixed for the opening of the trial.
armed forces of the Detaining Power would The same communication shall be made
be so confined if he were accused of a by the Detaining Power to the prisoners'
similar offence, or if it is essential to do so representative.
in the interests of national security. In no
circumstances shall this confinement exceed If no evidence is submitted, at the
three months. opening of a trial, that the notification
referred to above was received by the
Any period spent by a prisoner of war in Protecting Power, by the prisoner of war and
confinement awaiting trial shall be deducted by the prisoners' representative concerned,
from any sentence of imprisonment passed at least three weeks before the opening of
upon him and taken into account in fixing the trial, then the latter cannot take place and
any penalty. must be adjourned.
The provisions of Articles 97 and 98 of Art 105. The prisoner of war shall be
this Chapter shall apply to a prisoner of war entitled to assistance by one of his prisoner
whilst in confinement awaiting trial. comrades, to defence by a qualified
advocate or counsel of his own choice, to
Art 104. In any case in which the the calling of witnesses and, if he deems
Detaining Power has decided to institute necessary, to the services of a competent
judicial proceedings against a prisoner of interpreter. He shall be advised of these
war, it shall notify the Protecting Power as rights by the Detaining Power in due time
soon as possible and at least three weeks before the trial.
before the opening of the trial. This period
of three weeks shall run as from the day on Failing a choice by the prisoner of war,
which such notification reaches the the Protecting Power shall find him an
Protecting Power at the address previously advocate or counsel, and shall have at least
indicated by the latter to the Detaining one week at its disposal for the purpose. The
Power. Detaining Power shall deliver to the said
Power, on request, a list of persons qualified
The said notification shall contain the to present the defence. Failing a choice of an
following information: advocate or counsel by the prisoner of war
or the Protecting Power, the Detaining
(1) Surname and first names of the Power shall appoint a competent advocate or
prisoner of war, his rank, his army, counsel to conduct the defence.
regimental, personal or serial number, his
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The advocate or counsel conducting the Art 107. Any judgment and sentence
defence on behalf of the prisoner of war pronounced upon a prisoner of war shall be
shall have at his disposal a period of two immediately reported to the Protecting
weeks at least before the opening of the trial, Power in the form of a summary
as well as the necessary facilities to prepare communication, which shall also indicate
the defence of the accused. He may, in whether he has the right of appeal with a
particular, freely visit the accused and view to the quashing of the sentence or the
interview him in private. He may also confer reopening of the trial. This communication
with any witnesses for the defence, shall likewise be sent to the prisoners'
including prisoners of war. He shall have the representative concerned. It shall also be
benefit of these facilities until the term of sent to the accused prisoner of war in a
appeal or petition has expired. language he understands, if the sentence was
not pronounced in his presence. The
Particulars of the charge or charges on Detaining Power shall also immediately
which the prisoner of war is to be arraigned, communicate to the Protecting Power the
as well as the documents which are decision of the prisoner of war to use or to
generally communicated to the accused by waive his right of appeal.
virtue of the laws in force in the armed
forces of the Detaining Power, shall be Furthermore, if a prisoner of war is
communicated to the accused prisoner of finally convicted or if a sentence
war in a language which he understands, and pronounced on a prisoner of war in the first
in good time before the opening of the trial. instance is a death sentence, the Detaining
The same communication in the same Power shall as soon as possible address to
circumstances shall be made to the advocate the Protecting Power a detailed
or counsel conducting the defence on behalf communication containing:
of the prisoner of war.
(1) the precise wording of the finding
The representatives of the Protecting and sentence;
Power shall be entitled to attend the trial of (2) a summarized report of any
the case, unless, exceptionally, this is held in preliminary investigation and of the trial,
camera in the interest of State security. In emphasizing in particular the elements of the
such a case the Detaining Power shall advise prosecution and the defence;
the Protecting Power accordingly. (3) notification, where applicable, of the
establishment where the sentence will be
Art 106. Every prisoner of war shall served.
have, in the same manner as the members of
the armed forces of the Detaining Power, the The communications provided for in the
right of appeal or petition from any sentence foregoing sub-paragraphs shall be sent to the
pronounced upon him, with a view to the Protecting Power at the address previously
quashing or revising of the sentence or the made known to the Detaining Power.
reopening of the trial. He shall be fully
informed of his right to appeal or petition Art 108.Sentences pronounced on
and of the time limit within which he may prisoners of war after a conviction has
do so. become duly enforceable, shall be served in
the same establishments and under the same
conditions as in the case of members of the
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armed forces of the Detaining Power. These Article. They may, in addition, conclude
conditions shall in all cases conform to the agreements with a view to the direct
requirements of health and humanity. repatriation or internment in a neutral
country of able-bodied prisoners of war who
A woman prisoner of war on whom such have undergone a long period of captivity.
a sentence has been pronounced shall be
confined in separate quarters and shall be No sick or injured prisoner of war who is
under the supervision of women. eligible for repatriation under the first
paragraph of this Article, may be repatriated
In any case, prisoners of war sentenced against his will during hostilities.
to a penalty depriving them of their liberty
shall retain the benefit of the provisions of Art 110. The following shall be
Articles 78 and 126 of the present repatriated direct:
Convention. Furthermore, they shall be
entitled to receive and despatch (1) Incurably wounded and sick whose
correspondence, to receive at least one relief mental or physical fitness seems to have
parcel monthly, to take regular exercise in been gravely diminished.
the open air, to have the medical care (2) Wounded and sick who, according to
required by their state of health, and the medical opinion, are not likely to recover
spiritual assistance they may desire. within one year, whose condition requires
Penalties to which they may be subjected treatment and whose mental or physical
shall be in accordance with the provisions of fitness seems to have been gravely
Article 87, third paragraph. diminished.
(3) Wounded and sick who have
Part IV. Termination of Captivity recovered, but whose mental or physical
fitness seems to have been gravely and
Section I. Direct Repatriation and permanently diminished.
Accommodation in Neutral Countries
The following may be accommodated in
Art 109. Subject to the provisions of the a neutral country:
third paragraph of this Article, Parties to the
conflict are bound to send back to their own (1) Wounded and sick whose recovery
country, regardless of number or rank, may be expected within one year of the date
seriously wounded and seriously sick of the wound or the beginning of the illness,
prisoners of war, after having cared for them if treatment in a neutral country might
until they are fit to travel, in accordance increase the prospects of a more certain and
with the first paragraph of the following speedy recovery.
Article. (2) Prisoners of war whose mental or
physical health, according to medical
Throughout the duration of hostilities, opinion, is seriously threatened by continued
Parties to the conflict shall endeavour, with captivity, but whose accommodation in a
the cooperation of the neutral Powers neutral country might remove such a threat.
concerned, to make arrangements for the
accommodation in neutral countries of the The conditions which prisoners of war
sick and wounded prisoners of war referred accommodated in a neutral country must
to in the second paragraph of the following fulfil in order to permit their repatriation
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shall be fixed, as shall likewise their status,
by agreement between the Powers However, prisoners of war who, in the
concerned. In general, prisoners of war who opinion of the medical authorities of the
have been accommodated in a neutral Detaining Power, are manifestly seriously
country, and who belong to the following injured or seriously sick, may be repatriated
categories, should be repatriated: without having to be examined by a Mixed
Medical Commission.
(1) Those whose state of health has
deteriorated so as to fulfil the condition laid Art 113. Besides those who are
down for direct repatriation; designated by the medical authorities of the
Detaining Power, wounded or sick prisoners
(2) Those whose mental or physical of war belonging to the categories listed
powers remain, even after treatment, below shall be entitled to present themselves
considerably impaired. for examination by the Mixed Medical
Commissions provided for in the foregoing
If no special agreements are concluded Article:
between the Parties to the conflict
concerned, to determine the cases of (1) Wounded and sick proposed by a
disablement or sickness entailing direct physician or surgeon who is of the same
repatriation or accommodation in a neutral nationality, or a national of a Party to the
country, such cases shall be settled in conflict allied with the Power on which the
accordance with the principles laid down in said prisoners depend, and who exercises his
the Model Agreement concerning direct functions in the camp.
repatriation and accommodation in neutral
countries of wounded and sick prisoners of (2) Wounded and sick proposed by their
war and in the Regulations concerning prisoners' representative.
Mixed Medical Commissions annexed to the
present Convention. (3) Wounded and sick proposed by the
Power on which they depend, or by an
Art 111. The Detaining Power, the Power organization duly recognized by the said
on which the prisoners of war depend, and a Power and giving assistance to the prisoners.
neutral Power agreed upon by these two
Powers, shall endeavour to conclude Prisoners of war who do not belong to
agreements which will enable prisoners of one of the three foregoing categories may
war to be interned in the territory of the said nevertheless present themselves for
neutral Power until the close of hostilities. examination by Mixed Medical
Commissions, but shall be examined only
Art 112. Upon the outbreak of hostilities, after those belonging to the said categories.
Mixed Medical Commissions shall be
appointed to examine sick and wounded The physician or surgeon of the same
prisoners of war, and to make all appropriate nationality as the prisoners who present
decisions regarding them. The appointment, themselves for examination by the Mixed
duties and functioning of these Medical Commission, likewise the prisoners'
Commissions shall be in conformity with the representative of the said prisoners, shall
provisions of the Regulations annexed to the have permission to be present at the
present Convention. examination.
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between the Parties to the conflict with a
Art 114. Prisoners of war who meet with view to the cessation of hostilities, or failing
accidents shall, unless the injury is self- any such agreement, each of the Detaining
inflicted, have the benefit of the provisions Powers shall itself establish and execute
of this Convention as regards repatriation or without delay a plan of repatriation in
accommodation in a neutral country. conformity with the principle laid down in
the foregoing paragraph.
Art 115. No prisoner of war on whom a
disciplinary punishment has been imposed In either case, the measures adopted shall
and who is eligible for repatriation or for be brought to the knowledge of the prisoners
accommodation in a neutral country, may be of war.
kept back on the plea that he has not
undergone his punishment. The costs of repatriation of prisoners of
war shall in all cases be equitably
Prisoners of war detained in connection apportioned between the Detaining Power
with a judicial prosecution or conviction, and the Power on which the prisoners
and who are designated for repatriation or depend. This apportionment shall be carried
accommodation in a neutral country, may out on the following basis:
benefit by such measures before the end of
the proceedings or the completion of the (a) If the two Powers are contiguous, the
punishment, if the Detaining Power Power on which the prisoners of war depend
consents. shall bear the costs of repatriation from the
frontiers of the Detaining Power.
Parties to the conflict shall communicate (b) If the two Powers are not contiguous,
to each other the names of those who will be the Detaining Power shall bear the costs of
detained until the end of the proceedings or transport of prisoners of war over its own
the completion of the punishment. territory as far as its frontier or its port of
embarkation nearest to the territory of the
Art 116. The cost of repatriating Power on which the prisoners of war
prisoners of war or of transporting them to a depend. The Parties concerned shall agree
neutral country shall be borne, from the between themselves as to the equitable
frontiers of the Detaining Power, by the apportionment of the remaining costs of the
Power on which the said prisoners depend. repatriation. The conclusion of this
agreement shall in no circumstances justify
Art 117. No repatriated person may be any delay in the repatriation of the prisoners
employed on active military service. of war.
Section II. Release and Repatriation of Art 119. Repatriation shall be effected in
Prisoners of War at the Close of Hostilities conditions similar to those laid down in
Articles 46 to 48 inclusive of the present
Art 118. Prisoners of war shall be Convention for the transfer of prisoners of
released and repatriated without delay after war, having regard to the provisions of
the cessation of active hostilities. Article 118 and to those of the following
paragraphs.
In the absence of stipulations to the
above effect in any agreement concluded
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On repatriation, any articles of value for the purpose of searching for dispersed
impounded from prisoners of war under prisoners of war and of assuring their
Article 18, and any foreign currency which repatriation with the least possible delay.
has not been converted into the currency of
the Detaining Power, shall be restored to Section III. Death of Prisoners of War
them. Articles of value and foreign currency
which, for any reason whatever, are not Art 120. Wills of prisoners of war shall
restored to prisoners of war on repatriation, be drawn up so as to satisfy the conditions
shall be despatched to the Information of validity required by the legislation of
Bureau set up under Article 122. their country of origin, which will take steps
to inform the Detaining Power of its
Prisoners of war shall be allowed to take requirements in this respect. At the request
with them their personal effects, and any of the prisoner of war and, in all cases, after
correspondence and parcels which have death, the will shall be transmitted without
arrived for them. The weight of such delay to the Protecting Power; a certified
baggage may be limited, if the conditions of copy shall be sent to the Central Agency.
repatriation so require, to what each prisoner
can reasonably carry. Each prisoner shall in Death certificates, in the form annexed to
all cases be authorized to carry at least the present Convention, or lists certified by a
twenty-five kilograms. responsible officer, of all persons who die as
prisoners of war shall be forwarded as
The other personal effects of the rapidly as possible to the Prisoner of War
repatriated prisoner shall be left in the Information Bureau established in
charge of the Detaining Power which shall accordance with Article 122. The death
have them forwarded to him as soon as it certificates or certified lists shall show
has concluded an agreement to this effect, particulars of identity as set out in the third
regulating the conditions of transport and the paragraph of Article 17, and also the date
payment of the costs involved, with the and place of death, the cause of death, the
Power on which the prisoner depends. date and place of burial and all particulars
necessary to identify the graves.
Prisoners of war against whom criminal
proceedings for an indictable offence are The burial or cremation of a prisoner of
pending may be detained until the end of war shall be preceded by a medical
such proceedings, and, if necessary, until the examination of the body with a view to
completion of the punishment. The same confirming death and enabling a report to be
shall apply to prisoners of war already made and, where necessary, establishing
convicted for an indictable offence. identity.
Parties to the conflict shall communicate The detaining authorities shall ensure
to each other the names of any prisoners of that prisoners of war who have died in
war who are detained until the end of the captivity are honourably buried, if possible
proceedings or until punishment has been according to the rites of the religion to
completed. which they belonged, and that their graves
are respected, suitably maintained and
By agreement between the Parties to the marked so as to be found at any time.
conflict, commissions shall be established Wherever possible, deceased prisoners of
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war who depended on the same Power shall
be interred in the same place. If the enquiry indicates the guilt of one or
more persons, the Detaining Power shall
Deceased prisoners of war shall be take all measures for the prosecution of the
buried in individual graves unless person or persons responsible.
unavoidable circumstances require the use
of collective graves. Bodies may be PART V. Information Bureaux and
cremated only for imperative reasons of Relief Societies for Prisoners of War
hygiene, on account of the religion of the
deceased or in accordance with his express Art 122. Upon the outbreak of a conflict
wish to this effect. In case of cremation, the and in all cases of occupation, each of the
fact shall be stated and the reasons given in Parties to the conflict shall institute an
the death certificate of the deceased. official Information Bureau for prisoners of
war who are in its power. Neutral or non-
In order that graves may always be belligerent Powers who may have received
found, all particulars of burials and graves within their territory persons belonging to
shall be recorded with a Graves Registration one of the categories referred to in Article 4,
Service established by the Detaining Power. shall take the same action with respect to
Lists of graves and particulars of the such persons. The Power concerned shall
prisoners of war interred in cemeteries and ensure that the Prisoners of War Information
elsewhere shall be transmitted to the Power Bureau is provided with the necessary
on which such prisoners of war depended. accommodation, equipment and staff to
Responsibility for the care of these graves ensure its efficient working. It shall be at
and for records of any subsequent moves of liberty to employ prisoners of war in such a
the bodies shall rest on the Power Bureau under the conditions laid down in
controlling the territory, if a Party to the the Section of the present Convention
present Convention. These provisions shall dealing with work by prisoners of war.
also apply to the ashes, which shall be kept
by the Graves Registration Service until Within the shortest possible period, each
proper disposal thereof in accordance with of the Parties to the conflict shall give its
the wishes of the home country. Bureau the information referred to in the
fourth, fifth and sixth paragraphs of this
Art 121. Every death or serious injury of Article regarding any enemy person
a prisoner of war caused or suspected to belonging to one of the categories referred
have been caused by a sentry, another to in Article 4, who has fallen into its power.
prisoner of war, or any other person, as well Neutral or non-belligerent Powers shall take
as any death the cause of which is unknown, the same action with regard to persons
shall be immediately followed by an official belonging to such categories whom they
enquiry by the Detaining Power. have received within their territory.
A communication on this subject shall be The Bureau shall immediately forward

sent immediately to the Protecting Power. such information by the most rapid means to
Statements shall be taken from witnesses, the Powers concerned, through the
especially from those who are prisoners of intermediary of the Protecting Powers and
war, and a report including such statements likewise of the Central Agency provided for
shall be forwarded to the Protecting Power. in Article 123.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
next of kin, left by prisoners of war who
This information shall make it possible have been repatriated or released, or who
quickly to advise the next of kin concerned. have escaped or died, and shall forward the
Subject to the provisions of Article 17, the said valuables to the Powers concerned.
information shall include, in so far as Such articles shall be sent by the Bureau in
available to the Information Bureau, in sealed packets which shall be accompanied
respect of each prisoner of war, his surname, by statements giving clear and full
first names, rank, army, regimental, personal particulars of the identity of the person to
or serial number, place and full date of birth, whom the articles belonged, and by a
indication of the Power on which he complete list of the contents of the parcel.
depends, first name of the father and maiden Other personal effects of such prisoners of
name of the mother, name and address of the war shall be transmitted under arrangements
person to be informed and the address to agreed upon between the Parties to the
which correspondence for the prisoner may conflict concerned.
be sent.
Art 123. A Central Prisoners of War
The Information Bureau shall receive Information Agency shall be created in a
from the various departments concerned neutral country. The International
information regarding transfers, releases, Committee of the Red Cross shall, if it
repatriations, escapes, admissions to deems necessary, propose to the Powers
hospital, and deaths, and shall transmit such concerned the organization of such an
information in the manner described in the Agency.
third paragraph above.
The function of the Agency shall be to
Likewise, information regarding the state collect all the information it may obtain
of health of prisoners of war who are through official or private channels
seriously ill or seriously wounded shall be respecting prisoners of war, and to transmit
supplied regularly, every week if possible. it as rapidly as possible to the country of
origin of the prisoners of war or to the
The Information Bureau shall also be Power on which they depend. It shall receive
responsible for replying to all enquiries sent from the Parties to the conflict all facilities
to it concerning prisoners of war, including for effecting such transmissions.
those who have died in captivity; it will
make any enquiries necessary to obtain the The High Contracting Parties, and in
information which is asked for if this is not particular those whose nationals benefit by
in its possession. the services of the Central Agency, are
requested to give the said Agency the
All written communications made by the financial aid it may require.
Bureau shall be authenticated by a signature
or a seal. The foregoing provisions shall in no way
be interpreted as restricting the humanitarian
The Information Bureau shall activities of the International Committee of
furthermore be charged with collecting all the Red Cross, or of the relief societies
personal valuables, including sums in provided for in Article 125.
currencies other than that of the Detaining
Power and documents of importance to the
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Art 124. The national Information representative, shall be forwarded to the
Bureaux and the Central Information relief society or organization making the
Agency shall enjoy free postage for mail, shipment. At the same time, receipts for
likewise all the exemptions provided for in these consignments shall be supplied by the
Article 74, and further, so far as possible, administrative authorities responsible for
exemption from telegraphic charges or, at guarding the prisoners.
least, greatly reduced rates.
Part VI. Execution of the Convention
Art 125. Subject to the measures which
the Detaining Powers may consider essential Section I. General Provisions
to ensure their security or to meet any other
reasonable need, the representatives of Art 126. Representatives or delegates of
religious organizations, relief societies, or the Protecting Powers shall have permission
any other organization assisting prisoners of to go to all places where prisoners of war
war, shall receive from the said Powers, for may be, particularly to places of internment,
themselves and their duly accredited agents, imprisonment and labour, and shall have
all necessary facilities for visiting the access to all premises occupied by prisoners
prisoners, for distributing relief supplies and of war; they shall also be allowed to go to
material, from any source, intended for the places of departure, passage and arrival
religious, educational or recreative purposes, of prisoners who are being transferred. They
and for assisting them in organizing their shall be able to interview the prisoners, and
leisure time within the camps. Such societies in particular the prisoners' representatives,
or organizations may be constituted in the without witnesses, either personally or
territory of the Detaining Power or in any through an interpreter.
other country, or they may have an
international character. Representatives and delegates of the
Protecting Powers shall have full liberty to
The Detaining Power may limit the select the places they wish to visit. The
number of societies and organizations whose duration and frequency of these visits shall
delegates are allowed to carry out their not be restricted. Visits may not be
activities in its territory and under its prohibited except for reasons of imperative
supervision, on condition, however, that military necessity, and then only as an
such limitation shall not hinder the effective exceptional and temporary measure.
operation of adequate relief to all prisoners
of war. The Detaining Power and the Power on
which the said prisoners of war depend may
The special position of the International agree, if necessary, that compatriots of these
Committee of the Red Cross in this field prisoners of war be permitted to participate
shall be recognized and respected at all in the visits.
times.
The delegates of the International
As soon as relief supplies or material Committee of the Red Cross shall enjoy the
intended for the above-mentioned purposes same prerogatives. The appointment of such
are handed over to prisoners of war, or very delegates shall be submitted to the approval
shortly afterwards, receipts for each of the Power detaining the prisoners of war
consignment, signed by the prisoners' to be visited.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
concerned, provided such High Contracting
Art 127. The High Contracting Parties Party has made out a prima facie case.
undertake, in time of peace as in time of
war, to disseminate the text of the present Each High Contracting Party shall take
Convention as widely as possible in their measures necessary for the suppression of
respective countries, and, in particular, to all acts contrary to the provisions of the
include the study thereof in their present Convention other than the grave
programmes of military and, if possible, breaches defined in the following Article.
civil instruction, so that the principles
thereof may become known to all their In all circumstances, the accused persons
armed forces and to the entire population. shall benefit by safeguards of proper trial
and defence, which shall not be less
Any military or other authorities, who in favourable than those provided by Article
time of war assume responsibilities in 105 and those following of the present
respect of prisoners of war, must possess the Convention.
text of the Convention and be specially
instructed as to its provisions. Art 130. Grave breaches to which the
preceding Article relates shall be those
Art 128. The High Contracting Parties involving any of the following acts, if
shall communicate to one another through committed against persons or property
the Swiss Federal Council and, during protected by the Convention: wilful killing,
hostilities, through the Protecting Powers, torture or inhuman treatment, including
the official translations of the present biological experiments, wilfully causing
Convention, as well as the laws and great suffering or serious injury to body or
regulations which they may adopt to ensure health, compelling a prisoner of war to serve
the application thereof. in the forces of the hostile Power, or wilfully
depriving a prisoner of war of the rights of
Art 129. The High Contracting Parties fair and regular trial prescribed in this
undertake to enact any legislation necessary Convention.
to provide effective penal sanctions for
persons committing, or ordering to be Art 131. No High Contracting Party shall
committed, any of the grave breaches of the be allowed to absolve itself or any other
present Convention defined in the following High Contracting Party of any liability
Article. incurred by itself or by another High
Contracting Party in respect of breaches
Each High Contracting Party shall be referred to in the preceding Article.
under the obligation to search for persons
alleged to have committed. or to have Art 132. At the request of a Party to the
ordered to be committed, such grave conflict, an enquiry shall be instituted, in a
breaches, and shall bring such persons, manner to be decided between the interested
regardless of their nationality, before its own Parties, concerning any alleged violation of
courts. It may also, if it prefers, and in the Convention.
accordance with the provisions of its own
legislation, hand such persons over for trial If agreement has not been reached
to another High Contracting Party concerning the procedure for the enquiry,
the Parties should agree on the choice of an
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
umpire who will decide upon the procedure Art 137. The present Convention shall be
to be followed. ratified as soon as possible and the
ratifications shall be deposited at Berne.
Once the violation has been established,
the Parties to the conflict shall put an end to A record shall be drawn up of the deposit
it and shall repress it with the least possible of each instrument of ratification and
delay. certified copies of this record shall be
transmitted by the Swiss Federal Council to
Section II. Final Provisions all the Powers in whose name the
Convention has been signed, or whose
Art 133. The present Convention is accession has been notified.
established in English and in French. Both
texts are equally authentic. Art 138. The present Convention shall
come into force six months after not less
The Swiss Federal Council shall arrange than two instruments of ratification have
for official translations of the Convention to been deposited.
be made in the Russian and Spanish
languages. Thereafter, it shall come into force for
each High Contracting Party six months
Art 134. The present Convention after the deposit of the instrument of
replaces the Convention of July 27, 1929, in ratification.
relations between the High Contracting
Parties. Art 139. From the date of its coming into
force, it shall be open to any Power in whose
Art 135. In the relations between the name the present Convention has not been
Powers which are bound by the Hague signed, to accede to this Convention.
Convention respecting the Laws and
Customs of War on Land, whether that of Art 140. Accessions shall be notified in
July 29, 1899, or that of October 18, 1907, writing to the Swiss Federal Council, and
and which are parties to the present shall take effect six months after the date on
Convention, this last Convention shall be which they are received.
complementary to Chapter II of the
Regulations annexed to th above-mentioned The Swiss Federal Council shall
Conventions of the Hague. communicate the accessions to all the
Powers in whose name the Convention has
Art 136. The present Convention, which been signed, or whose accession has been
bears the date of this day, is open to notified.
signature until February 12, 1950, in the
name of the Powers represented at the Art 141. The situations provided for in
Conference which opened at Geneva on Articles 2 and 3 shall give immediate effect
April 21, 1949; furthermore, by Powers not to ratifications deposited and accessions
represented at that Conference, but which notified by the Parties to the conflict before
are parties to the Convention of July 27, or after the beginning of hostilities or
1929. occupation. The Swiss Federal Council shall
communicate by the quickest method any
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ratifications or accessions received from respective full powers, have signed the
Parties to the conflict. present Convention.
Art 142. Each of the High Contracting DONE at Geneva this twelfth day of
Parties shall be at liberty to denounce the August 1949, in the English and French
present Convention. languages. The original shall be deposited in
the Archives of the Swiss Confederation.
The denunciation shall be notified in The Swiss Federal Council shall transmit
writing to the Swiss Federal Council, which certified copies thereof to each of the
shall transmit it to the Governments of all signatory and acceding States.
the High Contracting Parties.
Annex I. Model Agreement Concerning
The denunciation shall take effect one Direct Repatriation and Accommodation in
year after the notification thereof has been Neutral Countries of Wounded and Sick
made to the Swiss Federal Council. Prisoners of War.(see Art 110.)
However, a denunciation of which
notification has been made at a time when I. Principles for Direct Repatriation and
the denouncing Power is involved in a Accommodation in Neutral Countries
conflict shall not take effect until peace has
been concluded, and until after operations A. DIRECT REPATRIATION
connected with release and repatriation of
the persons protected by the present The following shall be repatriated direct:
Convention have been terminated.
(1) All prisoners of war suffering from
The denunciation shall have effect only the following disabilities as the result of
in respect of the denouncing Power. It shall trauma: loss of a limb, paralysis, articular or
in no way impair the obligations which the other disabilities, when this disability is at
Parties to the conflict shall remain bound to least the loss of a hand or a foot, or the
fulfil by virtue of the principles of the law of equivalent of the loss of a hand or a foot.
nations, as they result from the usages
established among civilized peoples, from Without prejudice to a more generous
the laws of humanity and the dictates of the interpretation, the following shall be
public conscience. considered as equivalent to the loss of a
hand or a foot:
Art 143. The Swiss Federal Council shall
register the present Convention with the (a) Loss of a hand or of all the fingers, or
Secretariat of the United Nations. The Swiss of the thumb and forefinger of one hand;
Federal Council shall also inform the loss of a foot, or of all the toes and
Secretariat of the United Nations of all metatarsals of one foot.
ratifications, accessions and denunciations (b) Ankylosis, loss of osseous tissue,
received by it with respect to the present cicatricial contracture preventing the
Convention. functioning of one of the large articulations
or of all the digital joints of one hand.
IN WITNESS WHEREOF the (c) Pseudarthrosis of the long bones.
undersigned, having deposited their
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(d) Deformities due to fracture or other repatriation except in case of contractures or
injury which seriously interfere with of serious neurotrophic disturbance.
function and weight-bearing power. (i) Injury to the urinary system, with
incapacitating results.
(2) All wounded prisoners of war whose
condition has become chronic, to the extent (3) All sick prisoners of war whose
that prognosis appears to exclude recovery-- condition has become chronic to the extent
in spite of treatment--within one year from that prognosis seems to exclude recovery--
the date of the injury, as, for example, in in, spite of treatment-- within one year from
case of: the inception of the disease, as, for example,
in
(a) Projectile in the heart, even if the case of:
Mixed Medical Commission should fail, at
the time of their examination, to detect any (a) Progressive tuberculosis of any organ
serious disorders. which, according to medical prognosis,
(b) Metallic splinter in the brain or the cannot be cured or at least considerably
lungs, even if the Mixed Medical improved by treatment in a neutral country.
Commission cannot, at the time of (b) Exudate pleurisy.
examination, detect any local or general (c) Serious diseases of the respiratory
reaction. organs of non-tubercular etiology, presumed
(c) Osteomyelitis, when recovery cannot incurable, for example: serious pulmonary
be foreseen in the course of the year emphysema, with or without bronchitis;
following the injury, and which seems likely chronic asthma *; chronic bronchitis *
to result in ankylosis of a joint, or other lasting more than one year in captivity;
impairments equivalent to the loss of a hand bronchiectasis *; etc.
or a foot. (d) Serious chronic affections of the
(d) Perforating and suppurating injury to circulatory system, for example: valvular
the large joints. lesions and myocarditis *, which have
(e) Injury to the skull, with loss or shown signs of circulatory failure during
shifting of bony tissue. captivity, even though the Mixed Medical
(f) Injury or burning of the face with loss Commission cannot detect any such signs at
of tissue and functional lesions. the time of examination; affections of the
(g) Injury to the spinal cord. pericardium and the vessels (Buerger's
(h) Lesion of the peripheral nerves, the disease, aneurisms of the large vessels); etc.
sequelae of which are equivalent to the loss (e) Serious chronic affections of the
of a hand or foot, and the cure of which digestive organs, for example: gastric or
requires more than a year from the date of duodenal ulcer; sequelae of gastric
injury, for.example: injury to the brachial or operations performed in captivity; chronic
lumbosacral plexus median or sciatic nerves, gastritis, enteritis or colitis, having lasted
likewise combined injury to the radial and more than one year and seriously affecting
cubital nerves or to the lateral popliteal the general condition; cirrhosis of the liver;
nerve (N. peroneous communis) and medial chronic cholecystopathy *; etc.
popliteal nerve (N. tibialis); etc. The (f) Serious chronic affections of the
separate injury of the radial (musculo- genito-urinary organs, for example: chronic
spiral), cubital, lateral or medial popliteal diseases of the kidney with consequent
nerves shall not, however, warrant disorders; nephrectomy because of a
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
tubercular kidney; chronic pyelitis or (p) Chronic affections of locomotion,
chronic cystitis; hydronephrosis or with obvious functional disorders, for
pyonephrosis; chronic grave gynaecological example: arthritis deformans; primary and
conditions; normal pregnancy and secondary progressive chronic polyarthritis;
obstetrical disorder, where it is impossible to rheumatism with serious clinical symptoms;
accommodate in a neutral country; etc. etc.
(g) Serious chronic diseases of the (q) Serious chronic skin diseases, not
central and peripheral nervous system, for amenable to treatment.
example: all obvious psychoses and (r) Any malignant growth.
psychoneuroses, such as serious hysteria, (s) Serious chronic infectious diseases,
serious captivity psychoneurosis, etc., duly persisting for one year after their inception,
verified by a specialist *; any epilepsy duly for example: malaria with decided organic
verified by the camp physician *; cerebral impairment, amoebic or bacillary dysentery
arteriosclerosis; chronic neuritis lasting with grave disorders; tertiary visceral
more than one year; etc. syphilis resistant to treatment; leprosy; etc.
(h) Serious chronic diseases of the neuro- (t) Serious avitaminosis or serious
vegetative system, with considerable inanition.
diminution of mental or physical fitness,
noticeable loss of weight and general [NOTE] * The decision of the Mixed
asthenia. Medical Commission shall be based to a
(i) Blindness of both eyes, or of one eye great extent on the records kept by camp
when the vision of the other is less than 1 in physicians and surgeons of the same
spite of the use of corrective glasses; nationality as the prisoners of war, or on an
diminution of visual acuity in cases where it examination by medical specialists of the
is impossible to restore it by correction to an Detaining Power.
acuity of 1/2 in at least one eye *; other
grave ocular affections, for example: B. ACCOMMODATION IN NEUTRAL
glaucoma, iritis, choroiditis; trachoma; etc. COUNTRIES
(k) Auditive disorders, such as total
unilateral deafness, if the other ear does not The following shall be eligible for
discern the ordinary spoken word at a accommodation in a neutral country:
distance of one metre *; etc.
(l) Serious affections of metabolism, for (1) All wounded prisoners of war who
example: diabetes mellitus requiring insulin are not likely to recover in captivity, but
treatment; etc. who might be cured or whose condition
(m) Serious disorders of the endocrine might be considerably improved by
glands, for example: thyrotoxicosis; accommodation in a neutral country.
hypothyrosis; Addison's disease; Simmonds'
cachexia; tetany; etc. (2) Prisoners of war suffering from any
(n) Grave and chronic disorders of the form of tuberculosis, of whatever organ, and
blood-forming organs. whose treatment in a neutral country would
(o) Serious cases of chronic intoxication, be likely to lead to recovery or at least to
for example: lead poisoning, mercury considerable improvement, with the
poisoning, morphinism, cocainism, exception of primary tuberculosis cured
alcoholism; gas or radiation poisoning; etc. before captivity.
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(3) Prisoners of war suffering from
affections requiring treatment of the (1) The conditions given shall, in a
respiratory, circulatory, digestive, nervous, general way, be interpreted and applied in as
sensory, genito-urinary, cutaneous, broad a spirit as possible. Neuropathic and
locomotive organs, etc., if such treatment psychopathic conditions caused by war or
would clearly have better results in a neutral captivity, as well as cases of tuberculosis in
country than in captivity. all stages, shall above all benefit by such
liberal interpretation. Prisoners of war who
(4) Prisoners of war who have undergone have sustained several wounds, none of
a nephrectomy in captivity for a non- which, considered by itself, justifies
tubercular renal affection; cases of repatriation, shall be examined in the same
osteomyelitis, on the way to recovery or spirit, with due regard for the psychic
latent; diabetes mellitus not requiring insulin traumatism due to the number of their
treatment; etc. wounds.
(5) Prisoners of war suffering from war (2) All unquestionable cases giving the
or captivity neuroses. Cases of captivity right to direct repatriation (amputation, total
neurosis which are not cured after three blindness or deafness, open pulmonary
months of accommodation in a neutral tuberculosis, mental disorder, malignant
country, or which after that length of time growth, etc.) shall be examined and
are not clearly on the way to complete cure, repatriated as soon as possible by the camp
shall be repatriated. physicians or by military medical
commissions appointed by the Detaining
(6) All prisoners of war suffering from Power.
chronic intoxication (gases, metals,
alkaloids, etc.), for whom the prospects of (3) Injuries and diseases which existed
cure in a neutral country are especially before the war and which have not become
favourable. worse, as well as war injuries which have
not prevented subsequent military service,
(7) All women prisoners of war who are shall not entitle to direct repatriation.
pregnant or mothers with infants and small
children. (4) The provisions of this Annex shall be
interpreted and applied in a similar manner
The following cases shall not be eligible in all countries party to the conflict. The
for accommodation in a neutral country: Powers and authorities concerned shall grant
to Mixed Medical Commissions all the
(1) All duly verified chronic psychoses. facilities necessary for the accomplishment
of their task.
(2) All organic or functional nervous
affections considered to be incurable. (5) The examples quoted under (1) above
represent only typical cases. Cases which do
(3) All contagious diseases during the not correspond exactly to these provisions
period in which they are transmissible, with shall be judged in the spirit of the provisions
the exception of tuberculosis. of Article 110 of the present Convention,
and of the principles embodied in the
II. General Observations present Agreement.
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Art 7. The neutral members shall be
Annex II. Regulations Concerning Mixed entirely independent of the Parties to the
Medical Commissions (see Art 112.) conflict, which shall grant them all facilities
in the accomplishment of their duties.
Art 1. The Mixed Medical Commissions
provided for in Article 112 of the Art 8. By agreement with the Detaining
Convention shall be composed of three Power, the International Committee of the
members, two of whom shall belong to a Red Cross, when making the appointments
neutral country, the third being appointed by provided for in Articles 2 and 4 of the
the Detaining Power. One of the neutral present Regulations, shall settle the terms of
members shall take the chair. service of the nominees.
Art 2. The two neutral members shall be Art 9. The Mixed Medical Commissions
appointed by the International Committee of shall begin their work as soon as possible
the Red Cross, acting in agreement with the after the neutral members have been
Protecting Power, at the request of the approved, and in any case within a period of
Detaining Power. They may be domiciled three months from the date of such approval.
either in their country of origin, in any other
neutral country, or in the territory of the Art 10. The Mixed Medical
Detaining Power. Commissions shall examine all the prisoners
designated in Article 113 of the Convention.
Art 3. The neutral members shall be They shall propose repatriation, rejection, or
approved by the Parties to the conflict reference to a later examination. Their
concerned, who shall notify their approval to decisions shall be made by a majority vote.
the International Committee of the Red
Cross and to the Protecting Power. Upon Art 11. The decisions made by the Mixed
such notification, the neutral members shall Medical Commissions in each specific case
be considered as effectively appointed. shall be communicated, during the month
following their visit, to the Detaining Power,
Art 4. Deputy members shall also be the Protecting Power and the International
appointed in sufficient number to replace the Committee of the Red Cross. The Mixed
regular members in case of need. They shall Medical Commissions shall also inform
be appointed at the same time as the regular each prisoner of war examined of the
members or, at least, as soon as possible. decision made, and shall issue to those
whose repatriation has been proposed,
Art 5. If for any reason the International certificates similar to the model appended to
Committee of the Red Cross cannot arrange the present Convention.
for the appointment of the neutral members,
this shall be done by the Power protecting Art 12. The Detaining Power shall be
the interests of the prisoners of war to be required to carry out the decisions of the
examined. Mixed Medical Commissions within three
months of the time when it receives due
Art 6. So far as possible, one of the two notification of such decisions.
neutral members shall be a surgeon and the
other a physician. Art 13. If there is no neutral physician in
a country where the services of a Mixed
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Medical Commission seem to be required, goods received, and to make out detailed
and if it is for any reason impossible to reports thereon for the donors.
appoint neutral doctors who are resident in
another country, the Detaining Power, acting Art 4. Prisoners' representatives shall be
in agreement with the Protecting Power, given the facilities necessary for verifying
shall set up a Medical Commission which whether the distribution of collective relief
shall undertake the same duties as a Mixed in all subdivisions and annexes of their
Medical Commission, subject to the camps has been carried out in accordance
provisions of Articles 1, 2, 3, 4, 5 and 8 of with their instructions.
the present Regulations.
Art 5. Prisoners' representatives shall be
Art 14. Mixed Medical Commissions allowed to fill up, and cause to be filled up
shall function permanently and shall visit by the prisoners' representatives of labour
each camp at intervals of not more than six detachments or by the senior medical
months. officers of infirmaries and hospitals, forms
or questionnaires intended for the donors,
Annex III. Regulations Concerning relating to collective relief supplies
Collective Relief (See Art 73.) (distribution, requirements, quantities, etc.).
Such forms and questionnaires, duly
Art 1. Prisoners' representatives shall be completed, shall be forwarded to the donors
allowed to distribute collective relief without delay.
shipments for which they are responsible, to
all prisoners of war administered by their Art 6. In order to secure the regular issue
camp, including those who are in hospitals, of collective relief to the prisoners of war in
or in prisons or other penal establishments. their camp, and to meet any needs that may
arise from the arrival of new contingents of
Art 2. The distribution of collective relief prisoners, prisoners' representatives shall be
shipments shall be effected in accordance allowed to build up and maintain adequate
with the instructions of the donors and with reserve stocks of collective relief. For this
a plan drawn up by the prisoners' purpose, they shall have suitable warehouses
representatives. The issue of medical stores at their disposal; each warehouse shall be
shall, however, be made for preference in provided with two locks, the prisoners'
agreement with the senior medical officers, representative holding the keys of one lock
and the latter may, in hospitals and and the camp commander the keys of the
infirmaries, waive the said instructions, if other.
the needs of their patients so demand.
Within the limits thus defined, the Art 7. When collective consignments of
distribution shall always be carried out clothing are available, each prisoner of war
equitably. shall retain in his possession at least one
complete set of clothes. If a prisoner has
Art 3. The said prisoners' representatives more than one set of clothes, the prisoners'
or their assistants shall be allowed to go to representative shall be permitted to
the points of arrival of relief supplies near withdraw excess clothing from those with
their camps, so as to enable the prisoners' the largest number of sets, or particular
representatives or their assistants to verify articles in excess of one, if this is necessary
the quality as well as the quantity of the in order to supply prisoners who are less
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well provided. He shall not, however, Annex V. Model Regulations
withdraw second sets of underclothing, Concerning Payments Sent by Prisoners to
socks or footwear, unless this is the only their Own Country (See Art 63.)
means of providing for prisoners of war with
none. (1) The notification referred to in the
third paragraph of Article 63 will show:
Art 8. The High Contracting Parties, and
the Detaining Powers in particular, shall (a) number as specified in Article 17,
authorize, as far as possible and subject to rank, surname and first names of the
the regulations governing the supply of the prisoner of war who is the payer;
population, all purchases of goods made in
their territories for the distribution of (b) the name and address of the payee in
collective relief to prisoners of war. They the country of origin;
shall similarly facilitate the transfer of funds
and other financial measures of a technical (c) the amount to be so paid in the
or administrative nature taken for the currency of the country in which he is
purpose of making such purchases. detained.
Art 9. The foregoing provisions shall not (2) The notification will be signed by the
constitute an obstacle to the right of prisoner of war, or his witnessed mark made
prisoners of war to receive collective relief upon it if he cannot write, and shall be
before their arrival in a camp or in the countersigned by the prisoners'
course of transfer, nor to the possibility of representative.
representatives of the Protecting Power, the
International Committee of the Red Cross, (3) The camp commander will add to this
or any other body giving assistance to notification a certificate that the prisoner of
prisoners which may be responsible for the war concerned has a credit balance of not
forwarding of such supplies, ensuring the less than the amount registered as payable.
distribution thereof to the addressees by any
other means that they may deem useful. (4) The notification may be made up in
lists, each sheet of such lists being witnessed
Annex IV. (A) Identity Card(See Art 4.) by the prisoners' representative and certified
by the camp commander
Annex IV. (B) Captured Card(See Art
70.)
Annex IV. (C) Correspondence Card and 7.M.1 Links from the University of
Letter (See Art 71.) Chicago Law School site.6
Annex IV. (D) Notification of Death http://www.interpol.int/Public/Publications/I

(See Art 120.) CPR/ICPR469_3.asp
Annex IV. (E) Repatriation Certificate

(See AnnexII, Art 11.)
6
Thanks to David Londow for drawing this site to
my attention.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
armed conflict that requires the use of the
7.M.1a GW Bush 13 November 2001 United States Armed Forces.
order on military tribunals:
b. In light of grave acts of terrorism and
http://www.law.uchicago.edu/tribunals/exec threats of terrorism, including the terrorist
_order.html attacks on September 11, 2001, on the
headquarters of the United States
Department of Defense in the national
capital region, on the World Trade Center in
Executive Order New York, and on civilian aircraft such as in
Pennsylvania, I proclaimed a national
emergency on September 14, 2001 (Proc.
Text of President George W. Busch's 7463, Declaration of National Emergency by
November 13, 2001 Order Reason of Certain Terrorist Attacks).
Adobe PDF downloadable version . c. Individuals acting alone and in

concert involved in international terrorism
Notice possess both the capability and the intention
to undertake further terrorist attacks against
Detention, Treatment, and Trial of the United States that, if not detected and
Certain Non-Citizens in the War prevented, will cause mass deaths, mass
Against injuries, and massive destruction of
property, and may place at risk the
Terrorism
continuity of the operations of the United
States Government.
November 13, 2001
d. The ability of the United States to
By the authority vested in me as protect the United States and its citizens, and
President and as Commander in Chief of the to help its allies and other cooperating
Armed Forces of the United States by the nations protect their nations and their
Constitution and the laws of the United citizens, from such further terrorist attacks
States of America, including the depends in significant part upon using the
Authorization for Use of Military Force United States Armed Forces to identify
Joint Resolution (Public Law 107-40, 115 terrorists and those who support them, to
Stat. 224) and sections 821 and 836 of title disrupt their activities, and to eliminate their
10, United States Code, it is hereby ordered ability to conduct or support such attacks.
as follows:
e. To protect the United States and its
Section 1. Findings. citizens, and for the effective conduct of
military operations and prevention of
a. International terrorists, including terrorist attacks, it is necessary for
members of al Qaida, have carried out individuals subject to this order pursuant to
attacks on United States diplomatic and section 2 hereof to be detained, and, when
military personnel and facilities abroad and tried, to be tried for violations of the laws of
on citizens and property within the United war and other applicable laws by military
States on a scale that has created a state of tribunals.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
national security, foreign policy, or
f. Given the danger to the safety of the economy; or
United States and the nature of international
terrorism, and to the extent provided by and iii. has knowingly harbored one or more
under this order, I find consistent with individuals described in subparagraphs (i) or
section 836 of title 10, United States Code, (ii) of subsection 2(a)(1) of this order; and
that it is not practicable to apply in military
commissions under this order the principles 2. it is in the interest of the United
of law and the rules of evidence generally States that such individual be subject to this
recognized in the trial of criminal cases in order.
the United States district courts.
b. It is the policy of the United States
g. Having fully considered the that the Secretary of Defense shall take all
magnitude of the potential deaths, injuries, necessary measures to ensure that any
and property destruction that would result individual subject to this order is detained in
from potential acts of terrorism against the accordance with section 3, and, if the
United States, and the probability that such individual is to be tried, that such individual
acts will occur, I have determined that an is tried only in accordance with section 4.
extraordinary emergency exists for national
defense *57834 purposes, that this c. It is further the policy of the United
emergency constitutes an urgent and States that any individual subject to this
compelling government interest, and that order who is not already under the control of
issuance of this order is necessary to meet the Secretary of Defense but who is under
the emergency. the control of any other officer or agent of
the United States or any State shall, upon
Sec. 2. Definition and Policy. delivery of a copy of such written
determination to such officer or agent,
a. The term "individual subject to this forthwith be placed under the control of the
order" shall mean any individual who is not Secretary of Defense.
a United States citizen with respect to whom
I determine from time to time in writing Sec. 3. Detention Authority of the
that: Secretary of Defense. Any individual subject
to this order shall be --
1. there is reason to believe that such
individual, at the relevant times, a. detained at an appropriate location
designated by the Secretary of Defense
i. is or was a member of the outside or within the United States;
organization known as al Qaida;
b. treated humanely, without any
ii. has engaged in, aided or abetted, or adverse distinction based on race, color,
conspired to commit, acts of international religion, gender, birth, wealth, or any similar
terrorism, or acts in preparation therefor, criteria;
that have caused, threaten to cause, or have
as their aim to cause, injury to or adverse c. afforded adequate food, drinking
effects on the United States, its citizens, water, shelter, clothing, and medical
treatment;
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
2. a full and fair trial, with the military
d. allowed the free exercise of religion commission sitting as the triers of both fact
consistent with the requirements of such and law;
detention; and
3. admission of such evidence as
e. detained in accordance with such would, in the opinion of the presiding officer
other conditions as the Secretary of Defense of the military commission (or instead, if
may prescribe. any other member of the commission so
requests at the time the presiding officer
Sec. 4. Authority of the Secretary of renders that opinion, the opinion of the
Defense Regarding Trials of Individuals commission rendered at that time by a
Subject to this Order. majority of the commission), have probative
value to a reasonable person;
a. Any individual subject to this order
shall, when tried, be tried by military 4. in a manner consistent with the
commission for any and all offenses triable protection of information classified or
by military commission that such individual classifiable under Executive Order 12958 of
is alleged to have committed, and may be April 17, 1995, as amended, or any
punished in accordance with the penalties successor Executive Order, protected by
provided under applicable law, including life statute or rule from unauthorized disclosure,
imprisonment or death. or otherwise protected by law, (A) the
handling of, admission into evidence of,and
b. As a military function and in light of access to materials and information, and (B)
the findings in section 1, including the conduct, closure of, and access to
subsection (f) thereof, the Secretary of proceedings;
Defense shall issue such orders and
regulations, including orders for the 5. conduct of the prosecution by one or
appointment of one or more military more attorneys designated by the Secretary
commissions, as may be necessary to carry of Defense and conduct of the defense by
out subsection (a) of this section. attorneys for the individual subject to this
order;
c. Orders and regulations issued under
subsection (b) of this section shall include, 6. conviction only upon the
but not be limited to, rules for the conduct of concurrence of two-thirds of the members of
the proceedings of military commissions, the commission present at the time of the
including pretrial, trial, and post-trial vote, a majority being present;
procedures, modes of proof, issuance of
process, and qualifications of attorneys, 7. sentencing only upon the
which shall at a minimum provide for-- concurrence of two-thirds of the members of
*57835 the commission present at the time of the
vote, a majority being present; and
1. military commissions to sit at any
time and any place, consistent with such 8. submission of the record of the trial,
guidance regarding time and place as the including any conviction or sentence, for
Secretary of Defense may provide; review and final decision by me or by the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Secretary of Defense if so designated by me commander, or any other officer or agent of
for that purpose. the United States or of any State to detain or
try any person who is not an individual
Sec. 5. Obligation of Other Agencies to subject to this order.
Assist the Secretary of Defense.
b. With respect to any individual
Departments, agencies, entities, and subject to this order--
officers of the United States shall, to the
maximum extent permitted by law, provide 1. military tribunals shall have
to the Secretary of Defense such assistance exclusive jurisdiction with respect to
as he may request to implement this order. offenses by the individual; and
Sec. 6. Additional Authorities of the 2. the individual shall not be privileged

Secretary of Defense. to seek any remedy or maintain any
proceeding, directly or indirectly, or to have
a. As a military function and in light of any such remedy or *57836 proceeding
the findings in section 1, the Secretary of sought on the individual's behalf, in (i) any
Defense shall issue such orders and court of the United States, or any State
regulations as may be necessary to carry out thereof, (ii) any court of any foreign nation,
any of the provisions of this order. or (iii) any international tribunal.
b. The Secretary of Defense may c. This order is not intended to and

perform any of his functions or duties, and does not create any right, benefit, or
may exercise any of the powers provided to privilege, substantive or procedural,
him under this order (other than under enforceable at law or equity by any party,
section 4(c)(8) hereof) in accordance with against the United States, its departments,
section 113(d) of title 10, United States agencies, or other entities, its officers or
Code. employees, or any other person.
Sec. 7. Relationship to Other Law and d. For purposes of this order, the term
Forums. "State" includes any State, district, territory,
or possession of the United States.
a. Nothing in this order shall be
construed to-- e. I reserve the authority to direct the
Secretary of Defense, at any time hereafter,
1. authorize the disclosure of state to transfer to a governmental authority
secrets to any person not otherwise control of any individual subject to this
authorized to have access to them; order. Nothing in this order shall be
construed to limit the authority of any such
2. limit the authority of the President as governmental authority to prosecute any
Commander in Chief of the Armed Forces individual for whom control is transferred.
or the power of the President to grant
reprieves and pardons; or Sec. 8. Publication.
3. limit the lawful authority of the This order shall be published in the
Secretary of Defense, any military Federal Register.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SUBJECT: THE DEPARTMENT OF
GEORGE W. BUSH JUSTICE AND TERRORISM
THE WHITE HOUSE, CHAIRED BY: SENATOR PATRICK

LEAHY (D-VT)
November 13, 2001.
LOCATION: 226 DIRKSEN SENATE
66 FR 57833, 2001 WL 1435652 (Pres.) OFFICE BUILDING, WASHINGTON,
D.C.
END OF DOCUMENT
WITNESSES: ATTORNEY GENERAL
JOHN ASHCROFT
7.M.1b Senate Judiciary Committee BODY:
Hearings on the proposed
tribunals, 6 December 2001: SEN. LEAHY: (Strikes gavel.) Let --
could I ask -- we want -- (tapping on the
http://www.law.uchicago.edu/tribunals/doj_ table) -- everybody, I want to -- certainly I
hearinghtml.htm In Reader II. don't want to cut out the press in an way
here, but I would ask you to step back now,
if we could, as -- let me -- just a couple of
housekeeping things before we start:
Hearing of the Senate
I am advised there will be roll call votes
Judiciary Committee this morning. Attorney General Ashcroft is
familiar with that, and I -- first off, I thank
the attorney general for being -- as he told
The Department of Justice and me earlier, being unsenatorial and arriving
Terrorism, December 6, 2001 early. And I do appreciate that.
Adobe PDF downloadable version . What I think we'll do, with Senator
Hatch's agreement, if we might, if roll call
Copyright 2001 Federal News Service, starts, we will continue on with the
Inc. questioning, and at some point, as the time
goes down that first roll call, as one senator
Federal News Service finishes, we will break and go over -- the
senators will go over so we can do that roll
December 6, 2001, Thursday call, plus the next one, come back, and begin
again with whoever is next in line -- so
SECTION: CAPITOL HILL HEARING hopefully you'll be gone for only about 10
minutes, 12 minutes or so -- and then just
LENGTH: 29467 words see what happens with the third role call,
trying to accommodate as many of you as I
HEADLINE: HEARING OF THE might.
SENATE JUDICIARY COMMITTEE
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And to the attorney general, I would say
welcome -- welcome you here. When you The partnership of our two branches of
and I chatted on the phone yesterday, as you government working together produced an
know, I called to thank you for coming, and antiterrorism bill that was actually better
I appreciate it. And of course, you've served than either the executive branch or the
with almost everybody on this committee, so legislative branch would have produced, had
you should feel at home. they acted on their own. Also, because we
acted together, we had greater confidence in
I appreciate the comments you made the public and their resolve. erica works best
yesterday, when -- as you were telling me when all parts of our government work
just earlier, when asked about whether there together. And as we continue our discussion
should be some kind of a bipartisan panel to of important and difficult questions about
look at all these things, and you said, "Well, the means to be used in the fight against
there is at least one" -- the one right here, on terrorism, let no one, friend or foe, make any
which you've served with distinction for mistake about what this discussion is; it is a
years. principled discussion of policy approaches.
It's a constructive assessment of the
In the 12 weeks since the September 11 effectiveness of those approaches. It's
attacks, Americans and law enforcement undertaken by partners in our country's
have been working tirelessly to protect the effort against a common and terrible enemy.
public, to capture and thwart terrorists and to
bring them to justice. And for its part, Tomorrow is the 60th anniversary of the
Congress, too, has moved promptly on attack on Pearl Harbor. Many have
several fronts, including our expedited compared the galvanizing effect of that
consideration and enactment of the attack to that of the atrocities committed on
antiterrorism bill two week -- two months September 11th. Well, today, just as 60
ago. years ago, government at every level is
under great pressure to act. Our system is
Now, in the two months since your last intended to help make sure that what we do
appearance before this committee, General, keeps us on a heading that achieves our
terrorism has also reached Congress' goals but while holding true to our
doorstep. That's why we're meeting in this constitutional principles.
room today and not in the Hart Building,
which remains closed. One of the two I commend Senator Schumer, the
anthrax letters that came to the Hill went to - chairman of the administration oversight and
- as you know, to the Hart Building, and it courts subcommittee, and Senator Feingold,
was of such powerful nature, that building is the chair of our Constitution subcommittee,
still closed. for holding their hearings earlier this week,
for the very constructive contributions to
Last week the Justice Department those hearings by Senator Hatch and Senator
witness appearing before this committee Sessions and Senator Durbin, Senator
described Congress as a full partner in our Feinstein and others. That's in the finest
nation's antiterrorism efforts. That's the way tradition of our Senate and our country.
the founders and the Constitution intended
it, and I appreciate Mr. Chertoff in saying And during the past week of hearings
that. and public debate, this oversight process
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
already has contributed to clarifying the Now, let me be very clear. There are
president's order to establish military circumstances where military tribunals are
tribunals. It now seems, following these appropriate. And I agree with the
hearings, that the president's language that constitutional experts and others who've
ostensibly suspends the writ of habeas testified before the committee that military
corpus and the language providing for secret tribunals can have a role in the prosecution
trials and the expansive sweep of the of the campaign against terrorism. But many
president's November 13 order were not issues remain how to proceed with such
intended. Instead, the administration's tribunals in the best interest of our national
intention is to use procedural rules more like security. And ultimately the question is not
those in our courts and our courts martial. only whether our government has the right
or the power to take certain actions and in
Over the last week, it's become clearer certain ways, but whether the means we
that, as written, the president's order outlines choose really protect our security.
a process that is far different than our
military system of justice. American military Defining those circumstances where
justice is the best in the world. It includes military tribunals serve our national security
open interests is no easy task. Congress has
contributions to make to this discussion, as
trials and right to counsel and judicial we already have. To many, the constitutional
review. The public can see what is requirement that military tribunals be
happening. It also appears that the risks of authorized by Congress is clear. To others,
pursuing victor's justice are beginning to be it's not. To everyone, it should be beyond
understood more fully as the initial argument that such an authorization,
conception of that order is clarified. And I carefully drawn by both branches of
commend the members of this committee for government, would be helpful in resolving
their contribution to that process. this doubt. It would give credibility to the
use of military tribunals.
Last week, Senator Specter wrote an
article expressing his concern that the Several members of the committee of
administration had not demonstrated the both parties have been crafting ideas for
need for the president's extraordinary broad such an authorizing resolution to clarify
order on military commission. Others, these issues. Mr. Attorney General, when
Democrats, Republicans, moderates, I've called you in the past on issues to work
conservatives, liberals have expressed with us, you have. And so I invite you to
concern about the broad power asserted by work with members of the committee in
the administration and about the manner in creating a consensus charter for tribunals.
which it asserted them, bypassing Congress And I suspect the Armed Services
and the court. Committee, several members of which are
on this committee, would want the same.
Last week's hearing allowed the
committee to hear first-hand -- last It's never easy to raise questions about
Wednesday's hearing allowed the committee the conduct of the executive branch when
to hear first-hand from legal experts across our military forces are engaged in combat,
the spectrum on these questions. even when those questions do not concern
our military operations. The matters we are
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
examining concern homeland security and every one of us on this committee. I thank
our constitutional rights and preserving the him for making this appearance.
limits on governmental authority that form
the foundation of our constitutional And I turn to Senator Hatch, a man I've
democracy. These are questions that go to served with for decades now, back when his
the heart of what America stands for, to its hair was black; mine was there.
people and to the world, especially to show
them what we are and what we do when we SEN. ORRIN HATCH (R-UT):
are put to the test, a test that we've been put (Chuckles.) Well thank you, Mr. Chairman.
to far more than most of us can remember. I'm honored to be with you today. And as
you know, I was pleased to co-author with
These are questions that we need to you the letter we sent to our good friend and
debate openly and properly. This committee former colleague, the attorney general of the
hopes to cast the light of reasoned public United States, asking him to come before
inquiry on the administration's actions, this committee to describe for us, and for the
especially on sweeping unilateral actions American people, some of the recent
that might affect fundamental rights. initiatives undertaken by the administration
Ultimately, taking a close look at the to protect Americans from terrorist attacks.
assertions of government power is one of the And I am gratified that Attorney General
best ways to preserve our freedom and our Ashcroft readily accepted our invitation and
security. has taken time from his critical duties to be
here with us today.
None of us in elective or appointed
positions in government has a monopoly of Mr. Chairman, a week ago, the airwaves
wisdom or of patriotism, but under our were filled with alarmist rhetoric charging
system, none of us have a monopoly on that the administration's actions had
authority. The framers of our Constitution trampled the Constitution. During the course
had great confidence in George Washington. of these oversight hearings, as expert after
They didn't expect him to abuse his power. expert has affirmed the constitutionality of
these measures, I have noticed a change in
But they did not entrust their liberty to the tone of the criticisms being leveled at the
his or to any government's good intention. administration. The principal complaints we
Instead, they provided a system of checks now hear are not that the measures are
and balances, including congressional unconstitutional but, rather, that the Justice
oversight and judicial review and public Department has engaged in insufficient
scrutiny. consultation with Congress or with this
committee before announcing them.
This committee will be vigilant in
seeking to preserve those fundamentals of Now, I have a couple of observations on
our American constitutional system. We can this particular topic. First, let's put this issue
be both tough on terrorists and true to the in perspective. We're at war. We're battling
Constitution. It is not an either/or choice. an enemy committed to an absolute
unconditional destruction of our society. The
So I look forward to hearing from the principal means that the enemy employs
attorney general. He is a friend of each and toward this goal is the killing of our civilians
in their homes and in their places of
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business. To the extent that this war is being by military tribunal, and here are the
waged on American soil, the attorney procedures for the tribunals that have been
general is one of the leaders in this war. established by the secretary of Defense.
President Bush did not proceed that way.
I would hope that in this time of crisis we Instead, he responsibly, in my opinion,
would all check our egos, and for the good announced that he wanted military tribunals
of this country, look at the merits of these to be one option for trying unlawful
proposals, rather than the manner in which combatants against this country. He publicly
they are packaged. I'm not saying that we tasked the secretary of Defense with drafting
don't have a solemn obligation to assess the the procedures to be employed. Since then,
department's actions to ensure that they are this committee, the Armed Services
both effective and sufficiently protective of Committee, numerous law professors, and
our civil liberties, but do any members of just about every pundit with a microphone
this committee really believe that in this or a typewriter, have each expressed their
time of crisis, the American people, those opinion as to how those procedures should
who live outside the capital beltway, really be written. That is consultation.
care whether the president, the secretary of
Defense or the attorney general took the And to show how serious the president is
time to pick up the telephone and call us, about this process, he reserved to himself the
prior to implementing these emergency ultimate designation as to who will be tried
measures? I implore my colleagues, let's in military tribunals; unlike FDR who
keep our focus where it matters, on delegated the decision to members of our
protecting our citizens. armed forces -- and, I might add, and had
the approval of both the New York Times
Certainly the American people are not and the then predecessor of the Washington
watching us quibble about whether we Post in the process.
should provide more rights than the
Constitution requires to the criminals and Mr. Chairman, what the hearings over
terrorists who are devoted to killing our the last two weeks have shown is this: The
people. They are interested in making sure vast weight of legal authority confirms the
that we protect our country against terrorist constitutionality of military tribunals. And if
attacks. the issue to be analyzed is not the
constitutionality of the tribunals, but rather
To those of you who say that our input is the fairness of the procedures to be used,
necessary to make sure that these measures then any criticism is entirely premature,
are done right, I say look around. Look at because the administration has not yet
the actions of the president. What do you promulgated the procedures that would be
think is happening? President Bush could employed. Any questions to the attorney
have proceeded, as President Franklin D. general -- Attorney General Ashcroft on this
Roosevelt did in 1942. He could have topic -- would be particularly pointless,
privately called the secretary of Defense and because it is Secretary of Defense Rumsfeld,
had him start working confidentially on not General Ashcroft, who is charged with
procedures for military tribunals. Three drafting the procedures, although we all
months from now President Bush could have hope that they will consult with General
announced, We have captured some Ashcroft in the process, and I personally
terrorists in Afghanistan. We will try them believe they will.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Department of Justice, oversight hearings
On the issue of detainees, what we have was convened, the Department of Justice
learned is that every person being detained was not initially invited to testify.
has either been charged with a violation of Commendably, the Department of Justice
U.S. law or is being held pursuant to a reached out saying that they believed it was
decision by a federal judge to issue a appropriate, given the fact that they were the
material witness warrant. Each of the subject of the hearing that they also be
detainees has had access to legal counsel, or participants at the hearing. Assistant
the right to access to legal counsel, and has Attorney General Michael Chertoff made
the right to challenge the grounds for his himself available, and provided testimony
detention. Every detainee may, if he wishes, last week that I think we can all agree was
publicize his plight through legal counsel, very helpful to the committee -- erudite
friends, family, and/or the media. And while testimony at that.
there has been some anecdotal evidence that
the system has not worked flawlessly in the The same thing happened this week.
wake of the September 11th problems, When the department was again not invited
there's absolutely no basis for believing that to testify at Tuesday afternoon's oversight
the Department of Justice has initiated any hearing, again the department reached out to
systematic policy to deprive detainees of us and offered us more testimony, which
their constitutional rights. greatly contributed to the work of this
committee. I must say the candor and
Mr. Chairman, let me also take a moment responsiveness exhibited by this Department
to correct the record on one score. At the of Justice in its dealings with this committee
time we sent our letter to General Ashcroft, is a refreshing departure from the
it was General Ashcroft, it was widely responsiveness of the previous
misreported in the press that I was administration to our oversight
displeased with the attorney general, and responsibilities. As you all know, I was
had, quote, "demand," unquote, his chairman of this committee for six of those
appearance before the committee. Nothing previous administration years, and I can tell
could be further from the truth. I for one you that getting responsive answers from the
have been extremely pleased with the degree Department of Justice during that period was
to which he and the department as a whole like pulling teeth. Whether we were
have been responsive to this committee's examining the previous administration's
oversight responsibilities and requests. Not pardoning and release of 11 convicted
only did the attorney general promptly terrorists affiliated with the FALN, or the
respond to our invitation to testify, he and campaign finance irregularities probe, and
the department have diligently and the famous conflicting views within the
thoroughly responded to all of the many Justice Department on whether to a special
questions and document requests that have counsel to the Elian Gonzalez matter, to the
been sent to them by the committee last-minute pardons and so on. Given this
throughout this year. previous experience, Attorney General
Ashcroft's candor and responsiveness to this
And the department has not just been committee are in my opinion pretty
responsive to our oversight efforts; they commendable -- now the more
have been proactive as well. Last week, commendable.
when the first in a series of DOJ,
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I would like to thank you, General It's crazy. These nit-pickers need to find
Ashcroft, for your honorable service to the another nit to pick." I like that. (Laughter.)
country as attorney general. I know that this Let me continue. "They need to stop
nation is a safer place, due in large measure protecting the rights of terrorists. This is
to what you and this administration is doing, about national security. This is about life
and basically to your tireless, honest efforts and death," unquote.
to rid us of crime.
Now, I don't mean in any way to suggest
Mr. Chairman, I am pleased to see, and that we should not be performing
supportive of, this committee exercising its appropriate oversight, or to suggest ill
oversight authority over the Department of motives behind this hearing today. I
Justice. And I trust that the Department of certainly don't mean to do that. And I
Justice will always be cooperative. I trust appreciate working with my chairman on
that we all agree as to the reason why it is this matter.
important that we exercise this oversight
function. It is, or at least it should be, to help I should also note that these public
the Department of Justice more effectively hearings were not the only opportunity that
carry out its duties, and to ensure that it does the members of our committee had to pose
so consistently with congressional inquiries to the Department of Justice.
directives. Several members have submitted numerous
additional written questions following last
Now, I hope that we can also agree, week's hearing. The last time the attorney
however, that there is a point at which general appeared before this committee, Mr.
aggressive oversight by this committee Chairman, you alone directed 21 questions
becomes counterproductive. Certainly we do to him with multiple sub- parts. By my own
not want to reach a point where the senior count, over the last two months, you have
leadership of the department spends all his submitted 12 letters to the Justice
time responding to inquiries from our Department officials, requesting hundreds of
committee regarding the terrorism pages of documents, and posing dozens of
investigation, and none of its time actually questions. And that is your right to do.
tracking down terrorists. And I know some
might try to argue that this is a partisan Now, General Ashcroft, I again want to
criticism. Well, it is not. It is a bipartisan thank you, and particularly the men and
concern. I should note that one of our Senate women of the Department of Justice for
Democratic colleagues yesterday properly their herculean efforts over the past number
observed in a press release that, quote, of weeks, and especially over the last week
"They need to get off his back and let and a half in responding to the oversight
Attorney General Ashcroft do his job. efforts of this committee. We have had a lot
Military tribunals have been used of questions, and your responses over the
throughout history. The Supreme Court has past week have helped delay many initially
twice upheld them as constitutional. Now alarmist and sometimes hysterical concerns.
we are at war, and we are talking about And let us not forget that these same men
using military tribunals only for non- and women at the Department of Justice are
citizens. Why in the world would we try our the ones who are charged with the essential
own soldiers with this system of justice, but task of making sure that a day like
not some foreigner who is trying to kill us? September 11th never happens again on our
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
soil, or any action like those that occurred that moment, at the command of the
last week against us. president of the United States, I began to
mobilize the resources of the Department of
Now, if my colleagues would like to Justice toward one single overarching and
grant additional authorities to the president overriding objective: to save innocent lives
or the attorney general to aid in this war, and from further acts of terrorism.erica's
to save American lives, I for one will be all campaign to save innocent lives from
ears, as long as such powers are consistent terrorists is now 87 days old. It has brought
with our Constitution. Mr. Chairman, there me back to this committee to report to you
is no real question remaining as to the in accordance with Congress's oversight
constitutionality of the administration's role. I welcome this opportunity to clarify
initiatives to date. I want to thank you for for you, and for the American people, how
your dedication to oversight, and I am the Justice Department is working to protect
hopeful that today's hearing will proceed as American lives while preserving American
a fair examination into the administration's liberties.
actions to stop terrorists and save American
lives. I want to thank you for this hearing. I Since those first terrible hours of
thank the attorney general for his September the 11th, America has faced a
willingness to be present and for his choice that is as stark as the images that
responsiveness to our oversight requests. linger of that morning. One option is to call
Thank you very much. September 11th a fluke, to believe it could
never happen again, and to live in a dream
SEN. LEAHY: General Ashcroft, again I world that requires us to do nothing
appreciate your comment. Yesterday we differently. The other option is to fight back,
were talking that you welcomed the to summon all our strength and all of our
opportunity to be here. I think it is important resources, and devote ourselves to better
that you are here. I appreciate that you felt ways to identify, disrupt and dismantle
the same way, and the floor is yours. terrorist networks.
ATTY GEN. ASHCROFT: Thank you, Under the leadership of President Bush,
Mr. Chairman, Senator Hatch, and members America has made the choice to fight
of this committee. I am grateful for the terrorism -- not just for ourselves, but for all
opportunity of appearing to testify before civilized people. Since September 11th,
you today. It's a pleasure to be back in the through dozens of warnings to law
United States Senate, and I am grateful. enforcement, a deliberate campaign of
terrorist disruption, tighter security around
On the morning of September 11th, as potential targets, and a preventative
the United States came under attack, I was campaign of arrest and detection of law-
in an airplane with several members of the breakers, America has grown stronger, and
Justice Department en route to Milwaukee, safer in the face of terrorism. Thanks to the
in the skies over the Great Lakes. By the vigilance of law enforcement and the
time we could return to Washington, patience of the American people, we have
thousands of people had been murdered at not suffered another major terrorist attack.
the World Trade Center, 189 more were Still, we cannot -- we must not allow
dead at the Pentagon, 44 had died in the ourselves to grow complacent. The reasons
crash to the ground in Pennsylvania. From are apparent to me each morning. My day
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
begins with a review of the threats to judicial process for the success of their
Americans and to American interests that operations. Captured terrorists are taught to
have been received in the previous 24 hours. anticipate a series of questions from
If ever there were proof of the existence of authorities and in each response to lie -- to
evil in the world, it is in the pages of these lie about who they are, to lie about what
reports. They are a chilling daily chronicle they are doing, to lie about who they know
of the hatred of Americans by fanatics who in order for the operation to achieve its
seek to extinguish freedom, enslave women, objective. Imprisoned terrorists are
corrupt education, and to kill Americans instructed in this manual to concoct stories
wherever and whenever they can. of torture and mistreatment at the hands of
our officials. They are directed to take
The terrorist enemy that threatens advantage of any contact with the outside
civilization today is unlike any we have ever world. This manual instructs them, and I
known. It slaughters thousands of innocents, quote, "Communicate with brothers outside
a crime of war and a crime against prison and exchange information that may
humanity. It seeks weapons of mass be helpful to them in their work. The
destruction, and threatens their use against importance of mastering the art of hiding
America. No one should doubt the intent nor messages is self-evident here." Closed
the depth of its continuing, disruptive hatred. quote.
Terrorist operatives infiltrate our Mr. Chairman, and members of this

communities, plotting, planning, waiting to committee, we are at war with an enemy that
kill again. They enjoy the benefits of our abuses individual rights as it abuses
free society, even as they commit jetliners. It abuses those rights to make
themselves to our destruction. They exploit weapons of them with which to kill
our openness -- not randomly or Americans.
haphazardly, but by deliberate premeditated
design. We have responded by redefining the
mission of the Department of Justice.
This is a seized al Qaeda training manual Defending our nation and its citizens against
-- a "how-to" guide for terrorists that terrorist attacks is now our first and
instructs enemy operatives in the art of overriding priority. We have launched the
killing in a free society. Prosecutors first largest, most comprehensive criminal
made this manual public in the trial of the al investigation in world history to identify the
Qaeda terrorists who bombed U.S. killers of the September 11th tragedy and to
embassies in Africa. We are posting several prevent further terrorist attacks.
al Qaeda lessons from this manual on our
website today so that Americans can know Four thousand FBI agents are engaged
about the enemy. with other international counterparts in an
unprecedented worldwide effort to detect,
In this manual, al Qaeda terrorist are now disrupt and dismantle terrorist organizations.
told how to use America's freedom as a We've created a national task force at the
weapon against us. They are instructed to FBI to centralize control and information
use the benefits of a free press, newspapers, sharing in our investigation. This task force
magazines, broadcasts, to stalk and to kill has investigated hundreds of thousands of
victims. They are instructed to exploit our leads, conducted over 500 searches,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
interviewed thousands of witnesses, and against Arab-Americans, Muslim-Americas,
obtained numerous court-authorized Sikh Americans, and South Asian-
surveillance orders. Our prosecutors and Americans. Since September 11th, the
agents have collected information and Customs Service and Border Patrol have
evidence from countries throughout the been at their highest state of alert. All
Middle East and through Europe. vehicles and persons entering this country
are subjected to the highest level of scrutiny.
Immediately following the September
11th attacks, the Bureau of Prisons acted Working with the State Department, we
swiftly to intensify security precautions in have imposed new screening requirements
connection with al Qaeda and other terrorist on certain applicants for non-immigrant
inmates, increasing perimeter security at a visas. At the direction of the president, we
number of key facilities. have created a Foreign Terrorist Tracking
Task Force to ensure that we do everything
We have sought, and we received we can to prevent terrorists from entering
additional tools from Congress for which we the country and to locate and remove those
are grateful. You have cited them, and they who are already here.
were important. Already we have begun to
utilize many of these tools. Within hours of We have prosecuted to the fullest extent
the passage of the USA Patriot Act, we of the law individuals who waste precious
made use of its provisions to begin enhanced law enforcement resources through anthrax
information sharing between the law hoaxes. We have offered non-citizens
enforcement and intelligence communities. willing to come forward with a valuable --
We have used the provisions allowing pardon me, willing to come forward with
nationwide search warrants for e-mail and valuable information a chance to live in this
subpoenas for payment information. We country and one day to become citizens.
have used the act to place those who access
the Internet through cable companies on the We have forged new cooperative
same footing as other individuals. Just agreements with Canada to protect our
yesterday, at my request, the State borders and the economic prosperity that our
Department designed 39 entities as terrorist borders and the appropriate maintenance of
organizations pursuant to the USA Patriot the flow of commerce across those borders
Act. sustains.
We have waged a deliberate campaign of We have embarked on a war-time

arrest and detention to remove suspected reorganization of the Department of Justice.
terrorists who violate the law from our We are transferring resources and personnel
streets. Currently we have brought criminal to field offices where citizens are served and
charges against about -- well -- against, protected. The INS is being restructured to
pardon me, 110 individuals, of whom 60 are better perform its service and border security
in federal custody. The INS has detained responsibilities. Under Director Bob
563 individuals on immigration violations, Mueller, the FBI is undergoing an historic
has in detention today. reorganization to put the prevention of
terrorism at the center of its law
We have investigated more than 250 enforcement and national security effort.
incidents of retaliatory violence and threats
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Outside Washington, we are forging new aid terrorists, for they erode our national
relationships of cooperation with state and unity and diminish our resolve. They give
local law enforcement. We have created 93 ammunition to America's enemies, and
anti-terrorist task forces across the country, pause to America's friends. They encourage
in each U.S. attorney's district, to integrate people of goodwill to remain silent in the
the communications and activities of state, face of evil.
local and federal law enforcement.
Our efforts have been crafted carefully to
In all of these ways and more, the avoid infringing on constitutional rights
Department of Justice has sought to prevent while saving American lives. We have
terrorism with reason, careful balance, and engaged in a deliberate campaign of arrest
excruciating attention to detail. Some of our and detention of law-breakers. All persons
critics, I regret to say, have shown less being detained have the right to contact their
affection for details. Their bold declaration lawyers and their families. Our respect for
of so-called facts have quickly dissolved their privacy and concern for saving lives
upon inspection into vague conjecture. motivates us not to publicize the names of
Charges of kangaroo courts and shredding those detained. We have the authority to
the Constitution give new meaning to the monitor the conversations of 16 of 158,000
term "fog of war." Since lives and liberties federal inmates and their attorneys because
depend on clarity, not obfuscation, and upon we suspect these communications could
reason, not hyperbole, let me take this facilitate acts of terrorism. Each such
opportunity to be clear. Each action taken by prisoner has been told in advance his
the Department of Justice, as well as the war conversations will be monitored. None of
crimes commissions considered by the the information that is protected by attorney-
president and the Department of Defense, is client privilege may be used for prosecution.
carefully drawn to target a narrow class of Information will only be used to stop
individuals -- terrorists. Our legal powers impending terrorist acts and to save
are targeted at terrorists. Our investigation is American lives.
focused on terrorists. Our prevention
strategy targets the terrorist threat. We have asked a very limited number of
individuals, visitors to our country holding
Since 1983, the United States passports from countries with active al
government has defined terrorists as those Qaeda operations, to speak voluntarily with
who perpetrate premeditated, politically law enforcement. We are forcing them to do
motivated violence against non-combatant nothing. We are merely asking them to do
targets. My message to America this the right thing, to willingly disclose
morning then is this: if you fit this definition information they may have of terrorist
of a terrorist, fear the United States, for you threats to the lives and safety of all people in
will lose your liberty. the United States.
We need honest, reasoned debate, and Throughout all our activities since
not fear-mongering. To those who pit September the 11th, we have kept Congress
Americans against immigrants and citizens informed of our continuing efforts to protect
against non- citizens, to those who scare the American people. Beginning with a
peace-loving people with phantoms of lost classified briefing by Deputy -- pardon me,
liberty, my message is this: your tactics only by Director of the FBI Mueller and me on
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the very evening of September 11th, the the United States, the safety of its citizens,
Justice Department has briefed members of or our efforts to ensure the same in an
the House, the Senate and their staffs on ongoing investigation.
more than 100 occasions. We have worked
with Congress in the belief and the As attorney general, it is my
recognition that no single branch of responsibility, at the direction of the
government alone can stop terrorism. president, to exercise those core executive
powers the Constitution so designates. The
We have consulted with members out of law enforcement initiatives undertaken by
respect for the separation of powers that is the Department of Justice, those individuals
the basis of our system of government. we arrest, detain or seek to interview, fall
However, Congress's powers of oversight -- under these core executive powers.
Congress's power of oversight is not without
limit. The Constitution specifically delegates In addition, the president's authority to
to the president the authority to, and I quote, establish war crimes commissions arises out
"take care that the laws are faithfully of his power as commander-in-chief. For
executed," closed quote. And, perhaps most centuries, Congress has recognized this
importantly, the Constitution vests the authority, and the Supreme Court has never
president with the extraordinary and sole held that any Congress may limit it.
authority, as commander-in-chief, to lead
our nation in times of war. In accordance with over 200 years of
historical and legal precedent, the executive
Mr. Chairman and members of this branch is now exercising its core
committee, not long ago I had the privilege constitutional powers in the interest of
of sitting where you now sit. I have the saving the lives of Americans. I trust that
greatest reverence and respect for the Congress will respect the proper limits of
constitutional responsibilities you shoulder. executive-branch consultation that I am
I will continue to consult with Congress so duty-bound to uphold. I trust as well that
that you may fulfill your constitutional Congress will respect this president's
responsibilities. authority to wage war on terrorism and to
defend our nation and its citizens with all the
In some areas, however, I cannot and power vested in him by the Constitution and
will not consult with you. The advice I give entrusted to him by the American people.
to the president, whether in his role as
commander- in-chief when at war or in any I thank you for your willingness to allow
other capacity, is privileged and me to complete this statement.
confidential. I cannot and will not divulge
the contents, the context, or even the SEN. LEAHY: No, I think it's important
existence of such advice to anyone, that you do, and I again appreciate you
including Congress, unless the president doing that. Senator Thurmond has asked to
instructs me so to do. make a short statement of support. And
without objection from the other members,
I cannot and will not divulge the senior member of this committee, I
information, nor do I believe that anyone would yield to Senator Thurmond.
here would wish me to divulge information
that would damage the national security of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SEN. STROM THURMOND (R-SC): it has not upheld before. I mention that
Mr. Chairman, I am pleased that you are because I look at Ex Parte Milligan, for
holding this very important hearing on the example, which says that military tribunals
president's law enforcement initiatives in the for non-military personnel cannot be
war against terrorism. This committee has justified under the mandate of the president
an important oversight role, and we must because he is controlled by law. His sphere
ensure that the actions of the government are of duty is to execute, not to make the laws,
in accordance with the Constitution. and there is no unwritten criminal code to
which resort (to be had?) as the (source?) of
Mr. Attorney General, thank you for jurisdiction, thus raising a very highly
taking time from your busy schedule to be questionable -- saying it's highly
here today. You have done an excellent job questionable that he could do this, absent
of leading the Department of Justice during congressional authority.
these difficult times, and I thank you for
your faithful service to our nation. Now, there is interest in the Congress in
defining what a military tribunal could be,
I believe that the criticism directed what would be his authority. Administration
towards the administration is unfounded officials have stated the planned scope of
(due ?) to prevent future attacks, has a great military tribunals was far narrower than had
responsibility. The president has responded been suggested by the original order. More
with action and will protect American lives recent assurances that they would be applied
while protecting civil liberties. sparingly have been very helpful.
Mr. Chairman, I believe that's the So I wanted to see how the

policies of the administration (are regular ?) administration would use the military order.
law enforcement tools and our Constitution. First, as written, the military order applies to
These efforts of the president and the non-citizens of the United States. That
attorney general will further our war against would cover about 20 million people here in
terrorism. I look forward to hearing the the United States legally today.
testimony of the attorney general today.
But the president's counsel now says
Thank you very much. military commissions would not be held in
the United States but rather close to where
SEN. LEAHY: Thank you. General, our forces may be fighting. And then an
you've stated that the authority for the anonymous administration official said
military order arises out of the president's there's no plan to use military commissions
position as commander-in-chief, and the in this country but only for those caught in
Supreme Court has never held that the battlefield operations.
Congress may limit it. But the fact is that the
Supreme Court has never upheld the Secondly, while the military order is
president's authority extending so far as to essentially silent on the procedural
allow him to unilaterally set up military safeguards that would be provided at
tribunals absent congressional authority. military commission trials, the White House
counsel has now explained that military
So, basically, this is a calculated risk that commissions would be conducted like
the Supreme Court would uphold something courts-martial.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
ATTY. GEN. ASHCROFT: You've
Third, nothing in the military order spoken of a number of things that I'd like to
would prevent commission trials from being comment on.
conducted in secret, which was done, for
example, of the eight Nazi saboteurs after SEN. LEAHY: Sure.
World War II, most often cited by the
administration. But now Mr. Gonzalez says ATTY GEN. ASHCROFT: First of all,
that trials before military commissions about the authority of the president of the
would be as open as possible. Mr. Chertoff United States to wage war under the
said something similar. Constitution and to address war crimes in
the process of waging war, I believe that's
Now, this is in sharp contrast to the clearly the power of the president and his
statements before our hearings that, quote, power to undertake that unilaterally. The
from the administration, "Proceedings Supreme Court did address, in the Quirin
promise to be swift and largely secret, with case 60 years ago, the issue of war crimes
one military officer (stating?) that the commissions. And in that case, it cited the
release of information might be limited to authority of the congressional declaration of
various facts, like dependents' name." war as language recognizing the president's
power to create war crimes commissions,
Finally, the order expressly states that the but I don't believe that the court indicates
accused in military commissions shall not be that, or predicates its assumption and
privileged to seek any remedy or maintain accordance of the president that power, upon
any proceeding, directly or indirectly, at any that particular authority.
court. But now the administration says this
is not an effort to suspend habeas corpus. Nevertheless, the identical authority
found in the article of declaration of war in
So now, with the explanations that have the Second World War is now the authority
come out subsequently, I understand, first, which is listed in the Uniform Code of
that the administration does not intend to use Military Justice at 10 USC Section 821, and
military commissions to try people arrested it is my position that the president has an
in the United States; secondly, the military inherent authority and power to conduct war
commissions will follow the rules of and to prosecute war crimes absent that
procedural fairness used for trying U.S. indication in the code of Military Justice.
military personnel; and thirdly, the But for those who would disagree with that,
judgments of the military commissions will the identical provision authority that was
be subject to judicial review. Is that your existent and was present in the Quirin
understanding also? situation is now present in the U.S. Code of
Military Justice.
ATTY. GEN. ASHCROFT: Well, you've
given me a lot to think about in that SEN. LEAHY: But General, if I might
question. just for a moment, the Quirin case did not
address the question of whether the
SEN. LEAHY: Well, let me -- I -- president could set up a military tribunal
absent congressional authority. They did not
address that question. and the previous, Ex
Parte Milligan, apparently did.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
person to be so arrested. I think -- I don't --
ATTY GEN. ASHCROFT: Well -- let me just indicate this; two points. One, I
want to mention that Ex Parte Milligan was
SEN. LEAHY: But my question still limited in the Quirin case; limited to its
goes to this, aside from -- and understand, facts, and the Quirin case upheld the use of
there are members on both sides of the aisle commissions in the United States against
who are willing to work with you to try to enemy belligerents.
establish an authority, a congressional
authority for military tribunals, but in a And number two, the president's order,
certain framework. which I believe to be constitutional, assigns
to the Department of Defense the
But with all the changes and switchbacks development of a framework that would
and everything else in the statements that answer many of these questions, but it's
have come from different parts of the premature to try and anticipate exactly what
administration, my question is still, that framework would be, in my judgment. I
basically, does the administration -- whether stand ready, as provided in the president's
these are legal or not, is my understanding military order establishing commissions to
correct that the administration, one, does not try war crimes, to assist the Department of
intend to use military commissions to try Defense. And frankly, I would stand ready
people arrested in the United States; two, the to convey, if you wanted me to be the
military commissions would follow the rules conduit, to convey suggestions from the
of procedural fairness used for trying U.S. Congress to the Department of Defense,
military personnel; and three, the judgments although you all have complete access to the
of the military commissions will be subject Department of Defense for the achievement
to judicial review. Are those three points -- of those purposes.
is that understanding correct? Is that your
understanding? SEN. LEAHY: Just so the members of
the committee will understand, originally --
ATTY GEN. ASHCROFT: I cannot say I am advised that we're going to have three
that I have that understanding in the way votes beginning at 11:00 on three federal
that you have it. I do not know that the judges, one being a courts of appeal judge,
United States would forfeit the right to try in the other two being district judges. I have
a military commission an alien terrorist who asked, I have sent word to the floor and
was apprehended on his way into the United asked if they might do by voice vote the two
States from a submarine or from a ship district judges, because they are both ones
carrying explosives or otherwise seeking to that we voted unanimously to pass out of the
commandeer an American asset to explode Judiciary Committee. The court of appeals
or otherwise commit acts of terror within the judge would be then done by a roll call, and
United States. if that procedure is followed, which I
understand they will, we would not have that
SEN. LEAHY: But not my question, first vote until -- (aside) -- when, 10:40?
General. Eleven? Eleven-forty.
ATTY GEN. ASHCROFT: Your So with that, I yield to Senator Hatch.

question asked about people arrested in the
United States; it would be possible for that
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SEN. HATCH: Well, thank you, Mr. Department of Defense has been asked to
Chairman. construct a framework for conducting full
and fair proceedings --
General Ashcroft, some have questioned
the continuing validity of Ex Parte Quirin, of SEN. HATCH: And -- and the order
that case as authority for further presidential suggests that all other agencies of
orders establishing military commissions. government cooperate with the Department
On the other hand, that case was of Justice, so I presume your agency will
unanimously decided by the eight justices cooperate with the Department of Justice?
who heard it. Further, the Supreme Court
reaffirmed Quirin just four years later in In ATTY GEN. ASHCROFT: We would be
Re Yamashita, and in both cases, they pleased to render any assistance to the
followed historic practice given -- or, Department of Defense --
practiced, since our country's founding.
SEN. HATCH: Department of Defense,
Now, given the case law, the historical yes.
practice and the Section 821 of Title X of
the United States Code, which continues to ATTY GEN. ASHCROFT: -- if they
expressly recognize military commissions, were to call upon us and, frankly, it would --
passed by Congress, is it your view that the it is expected that we would be standing
current United States Code is sufficient legal ready for that responsibility.
basis for the president's military order?
SEN. HATCH: Thank you. Now, the
ATTY GEN. ASHCROFT: It is my view Executive Office of the United States
that the United States Code of Military Attorney's report said, for the fiscal year
Justice as enacted by the Congress provides 2001, the conviction rate of civilians tried on
the same kind of support it provided, or the criminal charges in Article III courts around
articles provided, relied upon, in the Quirin the country is 91 percent. The Southern
case, so that if one were to come to the District of New York, in that district, the
conclusion that the president is absent the conviction rate is 97.2 percent. Given that
power without congressional authorization, the conviction rate of the military
then one clearly has a Supreme Court commissions used after World War II was
opinion that indicates that such power is approximately 85 percent -- if there is any
existent in statute. basis for prejudging military commissions as
unfair to defendants, or somehow that they
I do not have the view, however, that the lack the constitutional safeguards, or would
president needed that in order to have such lack the constitutional safeguards, although
commissions, and I don't believe that the admittedly not all of the additional rights
Quirin case indicates that either. So that that some of the extreme interpreters would
we've come to a place of perhaps a wish to grant to criminals, even to terrorist
disagreement without a difference. In either defendants.
event, the president has the authority to
constitute military commissions for the trial ATTY GEN. ASHCROFT: Well, it's
of crimes of war, and I think that's very pretty clear that military commissions for
important. These commissions, by the order, the litigation of war crimes, international
will be full and fair proceedings. the commissions to litigate war crimes, are not
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
uncommon. As a matter of fact, the United context" -- I better get the name here -- the
States Senate has indicated that it supports name is Oliver B. Revell, Buck Revell. "The
them. Where Bosnians were abused as a article quotes me out of context, and
result of war crimes, we have supported the therefore conveys an inaccurate portrayal of
use of military or war crimes commissions my views on the current FBI/Justice
to litigate those wrongs about war crimes Department efforts in the aftermath of the
committed by the perpetrators of those September 11th terrorist attacks.
horrific acts.
"First, I believe that the FBI-associated
Whether we're talking about Rwanda in law enforcement agencies from the Justice
Central Africa or Bosnia in Central Europe, Department are doing a very good job under
or looking historically to Nuremberg and the difficult circumstances.
trials there and the additional war crimes
tribunals after there, these have been full and "Two, the terrorist attacks and
fair proceedings. They have been understood subsequent anthrax incidents have presented
by the Congress of the United States to be our law enforcement agencies with the most
full and fair, and have been supported by the difficult problem that they have had to face
Congress. As recently as two years ago, the in their entire history." And he goes on
Congress of the United States voted 90 to through the rest of this letter. So, again,
nothing -- pardon me, the Senate of the could you comment on this and whether or
United States voted 90 to nothing that not your -- the FBI and the Justice
Milosevic should be tried in a war crimes Department are not using the appropriate
commission. So this is not an unusual way investigatorial techniques that have been
to resolve war crimes committed in time of long used, and/or whether you have to use
war. those plus additional ones to be able to get
the job done in protecting the American
SEN. HATCH: General, some recent people?
press reports have suggested that the
department has forced the FBI to abandon I ask unanimous consent that that letter
its long-term investigation and its historical go into the record.
approach to investigating counterterrorism. I
would like you to comment on this and ATTY. GEN. ASHCROFT: Very
explain what change or changes, if any, the frankly, we have set as a priority the
FBI has made to its mission. And on this prevention of additional terrorist attacks, and
issue, I would also like to read excerpts from we don't ever want anything like September
a letter to the Washington Post from a 11th again to visit the United States, on our
former FBI agent that intends to set some of own soil with innocent victims. And we
these recent misrepresentations straight. hope to improve our performance regularly,
by making whatever changes we can to
This letter says, "In regard to the article upgrade our ability to detect and to prevent
entitled 'Ex FBI Officials Criticize Tactics terrorism, to disrupt it and to make it
on Terrorism' by Jim McGee printed in your difficult, in fact impossible. So we will do
newspaper November 28th, 2001." He offers what we can to learn from the past, and we
the following comments -- and let me just will implement new strategies to protect
read a few, and I'll put the letter in the America in the future.
record. "The article quotes me out of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
We did not have the kind of protection constitutional experts have told us, however,
we needed on September 11th. So for us to that we can implement fair military trials
continue and to act as if no changes would that ensure fundamental civil liberties. We
be appropriate may not be in our best know it can be done, we know it should be
interests. It's with that in mind that we will done, but we have not heard that it will be
use whatever new techniques we can done. So I am interested in what steps are
develop, and we'll try and be open to being taken to give meaning to the principle
suggestions from the American people, from -- you know, you reference here yourself
the Congress, and to those who have served this morning of full and fair trial military
the bureau in the past and those who now tribunals, and how the administration will
serve the bureau, our objective is to secure work with the Congress to protect the
American liberties and to protect American constitutional ideals. And when will we hear
lives. this? What can you tell us about the scope?
SEN. HATCH: Thank you, Mr. Attorney ATTY GEN. ASHCROFT: Well, I am
General. pleased to say that the president's order
requires that there be full and fair trial
SEN. LEAHY: Thank you. I have a proceedings. Those are the kinds of
number of other items also for the record, descriptive terms that have governed the
and without objection they will be submitted development of war crimes commissions
for the record. and have govern the proceedings of war
crimes commissions that operate today.
And Senator Kennedy?
The president has ordered -- and it is a
SEN. KENNEDY: Thank you very military order to the Department of Defense
much. Thank you, general. General, like -- it's out of his responsibility as commander
Senator Leahy, I am profoundly concerned and chief of a nation in conflict -- that he
about the administration's broad plan on the ordered that the Defense Department
military tribunals, and the plan raises develop a framework that would provide full
extremely serious questions about and fair proceedings. There are obviously
fundamental civil liberties, questions that some hints in the president's order that
have not yet been satisfactorily answered b y indicate a level of fairness that I think is
the administration's officials defending it. clearly understood. He has indicated that the
hearing should be closed when it's in the
History has shown that the military national interests to close them. And when --
courts have been effective. But they have and I think the administration has made
also shown that they have been abused. And clear its desire not to close hearings when
this time we want to try and get it right. And they are not in the national interests.
it is of profound importance to the country
that we defend our ideals and our security. It is to be noted that every judicial or
adjudicatory process that I know of has
President Bush's executive order is a some provision for closing hearings, to
broad proposal that has enormous potential protect the system and to protect the
for abuse. There are few if any due process integrity of the operation. Our courts
rights granted to defendants, and the trials provide for sealed orders. They sometimes
may occur in complete secrecy. So even have gag orders. They have in certain
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
areas plans to protect the identify of into one area, and that is in reference to the
witnesses. Similarly, the ongoing war crimes New York Times story this morning. Last
efforts in The Hague that relate to war month, a manual entitled, "How an I Train
crimes have those kinds of similar Myself for Jihad" -- it's a manual very
procedures. similar to the one that you mentioned here --
was found in a terrorist safe house in Kabul.
I believe that the Department of Defense, And it states, "In other countries, some
which has over 3,000 active full-time states of U.S., it is perfectly legal for
working lawyers, and which conducts a members of the public to own certain types
wide variety of military operations that of firearms. If you live in such a country,
relate to the adjudication of charges, has the obtain an assault weapon legally -- prefer
capacity to AK-47 or variations -- learn how to use it
properly, and go and practice in the areas
develop a plan and framework that will allowed for training."
work effectively. And I expect it to do so --
we'll stand ready to assist them in doing so. In September, a federal court convicted a
number of members of the terrorist group
SEN. KENNEDY: Can you give us some Hezbollah on seven counts of weapons
idea when that will be announced? And can charges, and conspiracy to ship weapons and
you be any more precise in terms of the ammunition to Lebanon. He had purchased
scope? Or is that the way you want to leave many of the weapons at gun shows in
it? Michigan. We have been trying to deal with
this problem for many months -- potential
ATTY GEN. ASHCROFT: Well, terrorists can walk into a gun show, walk out
senator, I cannot. I just don't have specific with a gun, no questions asked.
information about the timeline. I would
mention that the time of this setting is one The report in today's New York Times
where the president has sought to create a that officials at the Department of Justice
tool to protect American lives through his refused to let the FBI examine its
conduct of the war, and to create it in background checklist to determine whether
advance, and to make it known to the any of the 1,200 people detained following
Congress and the people of this country well the September 11th attacks recently bought
in advance of any demand for its services. In guns. Why is the department handcuffing
the Roosevelt administration 60 years ago the FBI in its efforts to investigate gun
we didn't have the luxury of that kind of purchases by suspected terrorists?
commentary, and I am sure contributions
made by the Congress and those in the ATTY GEN. ASHCROFT: Thank you,
culture would be welcomed by the secretary Mr. Senator, for that inquiry. The answer is
of Defense. simple: The law which provided for the
development of the NIC, the National
SEN. KENNEDY: Well, I would have Instant Check system, indicates that the only
liked to have gotten into the questions on the permissible use for the National Instant
automatic -- the administration's automatic Check system is to audit the maintenance of
stays of immigration judges' release orders, that system. And the Department of Justice
and the attorney-client communications. But is committed to following the law in that
let me in the time that I do have left just get respect. And when --
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Court held that they were subject to the laws
SEN. KENNEDY: Do you think it ought of war with trial by military tribunal. By the
to be changed? same token, would a member of al Qaeda be
classified then as an "unlawful belligerent"?
ATTY GEN. ASHCROFT: When the
request first came, obviously the instinct of ATTY GEN. ASHCROFT: Quirin
the FBI was to use the information to see. demonstrates the fact that there is what's
When they were advised by those who called habeas corpus review, even of
monitor whether or not we are following the military commissions. And this is the
congressional direction, we stopped. And I question. But the Court clearly using the
believe we did the right thing in observing language of the Roosevelt administration to
what the law of the United States compels us bring the war crimes commission into effect
to observe. The list -- there said that it would exercise its habeas
corpus jurisdiction to decide whether or not
SEN. KENNEDY: Do you think it ought the commission was constitutional; and,
to be changed in that provision? The FBI secondly, whether the belligerents were
obviously wants that power in order to try to actually eligible for trial under the
deal with the problems of terrorism. Do you commission.
support it?
We would anticipate that the same kind
ATTY GEN. ASHCROFT: I won't of review by the United States Supreme
comment on specific legislation in the Court which had been exercised with
hypothetical. virtually identical language in the order in
Quirin would be exercised by the Supreme
SEN. KENNEDY: But would you submit Court in the order that has been a military
legislation to do what the FBI wants to have order for war crimes commission by
done? Would you work with the FBI and President Bush.
submit legislation to deal with this?
SEN. GRASSLEY: Well, then, al Qaeda
ATTY GEN. ASHCROFT: I will be members are, quote, "unlawful belligerents,"
happy to consider any legislation that you unquote?
would propose.
ATTY GEN. ASHCROFT: Well, the
SEN. KENNEDY: Thank you, Mr. order indicates that those to be tried under
Chairman. the order have to have committed war
crimes. And I believe that's the test as to
SEN. LEAHY: Thank you, Senator whether or not there is an adjudication of
Kennedy. someone's case by the war crimes
commission. And members of al Qaeda are
Senator Grassley. unlawful belligerents under the law of war.
The laws of war are different than the
SEN. GRASSLEY: Thank you, Mr. criminal laws of our cultures. They exist
Chairman. And welcome to our former outside the criminal codes. But there are
colleague. In the Quirin case, the Supreme offenses that are very clear; for instance, the
Court held that the Nazi spies were defined targeting of innocent civilians for targets of
as "unlawful belligerents." As such, the destruction. I mean, that's very clear the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
World Trade Center is not a military target, comparison, and that point to the president's
not part of the command and control of the power.
military unit. The taking of hostages and
killing innocent hostages is a war crime that ATTY GEN. ASHCROFT: Well, it is my
violates the law of war. That certainly was view that the Congress has recognized the
done when innocent individuals were taken power inherent in the president, both in the
hostage aboard airplanes and then brutally articles of war that supported the Roosevelt
murdered when those were crashed. administration's establishment of the
commission in the 1940s, and the Bush
So the al Qaeda are unlawful belligerents administration's establishment of the
under the law of war. They are not armed commission most recently. I might add that
forces of any state. They do not bear arms these presidents are not alone. From George
openly, as normal combatants do, but they Washington to Abraham Lincoln, to George
are unlawful combatants because they secret Bush and to Franklin Delano Roosevelt,
themselves and because they conduct acts presidents have undertaken these
which are violations of the law of war. responsibilities, and they have done so both
with and without the specific language of
SEN. GRASSLEY: Would the the Uniform Code of Military Justice found
procedural rules that the secretary of in the law today.
Defense will be drafting -- would it be your
advice to him that they would be less or SEN. GRASSLEY: Could you provide
more than those rights afforded members of us with more details on the constitutional
our own armed forces in military tribunals? statutory authority supporting the
Department of Justice's decision to monitor
ATTY GEN. ASHCROFT: My view is attorney-client communications? The new
that the president has ordered that there be regulations indicate that procedural
full and fair proceedings, that they be open safeguards will be implemented to prevent
when possible basically, and closed when abuse of monitors of confidential
necessary to protect our interests. It's information. Could you say in detail the
inconceivable to me that the president would specific safeguards, as well as how the
intend that those who seek to destroy the department plans to implement the new
American system of liberty and rights would regulation? And also, does the new
have greater rights than those who are regulation differ from current and past
seeking to defend those rights in our Justice Department policies sand practices
military. regarding the monitoring of attorney-client
communications?
SEN. GRASSLEY: The purpose of my
question is -- am I not right on this? -- and ATTY GEN. ASHCROFT: I am very
maybe my colleagues can correct me, but we pleased to address this topic of attorney-
-- there has been some justification for the client communications. The Supreme Court
president's action besides the constitutional has defined the rights that are involved in
power of commander in chief, that Congress this setting in a case known as Weatherford
has given the president some authority under v. Bursey, a 1977 case of the United States
the military code of justice in regard to this. Supreme Court. In that case the monitoring
So my question comes from that was unannounced. In other words, it was
genuinely eavesdropping. The word
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
"eavesdropping" does not define what the SEN. GRASSLEY: Mr. Chairman, I've
United States Justice Department proposes got a statement I want to put in the record,
doing in certain cases now. Eavesdropping and then I have two questions I want to
would be an unnoticed, no information submit for answer in writing, and both of
given to the inmate or to the lawyer. The them refer to an incomplete letter I received
department's first rule would be that you from you, plus an answer from the FBI that
first give notice to the individual and to his has not been responded to yet.
lawyer. Secondly, this is done by individuals
who are forbidden to have association with SEN. LEAHY: Thank you, Senator
or communication with any prosecutors. Grassley. And the record will be open for a
Thirdly, no information can be used at all statement of any senators who wish. And, of
that flows from the understanding or the course, the attorney general has been around
auditing of these conversations without first here long enough to know that there will be
being approved by a federal judge, unless; follow-up questions to be submitted to him,
fourthly, it is information which could help and I would --
avert a terrorist attack.
ATTY GEN. ASHCROFT: Indeed, I do.
Now, let me go briefly to the reason for
this. First of all, there are only 16 people out SEN. LEAHY: -- and I would expect
of the 158,000 people in the federal prison your help and cooperation in those --
system to whom this order now applies.
They are the only 16 people in special ATTY GEN. ASHCROFT: I will do my
administrative procedures. And we are best.
simply, for terrorists who would seek to
follow the al Qaeda manual and assist those SEN. LEAHY: Senator Kohl.
brothers in their operation on the outside in
continuing to perpetrate acts through hidden SEN. HERB KOHL (D-WI): Thank you,
messages and other signals they send Mr. Chairman. Mr. Attorney General, since
through their attorneys -- we simply aren't the events of September 11th, the president
going to allow that to happen. and the Justice Department have
commanded the trust and the support of the
Now, I believe that the safeguards we American people and the Congress more
have crafted fully satisfy well beyond the than ever as they prosecute the war on
kinds of conditions which were sanctioned, terrorism, and this is as it should be. With
or at least accepted by the court in the that trust, however, there comes, as you
Weatherford (sp) case. And it is not the know, responsibility. That responsibility is
intention of this Justice Department to either to make sure that the American people
disrupt the effective communication understand and trust the actions that the
between lawyers and the accused, but it is government is taking, especially when it
neither our willingness to allow individuals comes to issues like civil liberties and the
to continue terrorist activities or other acts rule of law. It causes a great deal of
which would harm the American public by consternation in our country when we hear
using their lawyers and those conversations about Americans abroad who are subject to
to continue or to extend acts of terrorism or foreign or military courts. We are outraged
violence against the American people. when we hear that the Americans on trial
may not get an attorney, an impartial jury, or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
even a fair chance to defend themselves. So ATTY GEN. ASHCROFT: Well, first of
we should never open our country to that all, these are obviously laudable principles
kind of criticism from abroad. I believe that as they relate to the adjudication of criminal
no one should ever doubt that American charges against an individual. And I'm sure
justice holds the high moral ground, and I'm these are the kinds of considerations that
sure that you agree. these kinds of principles will be weighed in
the deliberations of the Department of
Mr. Attorney General, it is with that Defense.
regard -- that with respect to military
tribunals, we and I believe that you need to I think a full and fair proceeding is very
do a little more, and we would like to help likely to require many of these things you've
you with that effort. No one believes that mentioned. In the war crimes tribunals,
defendants should receive all of the which this Congress and this country has
protections afforded in normal criminal supported for the litigation -- the
proceedings. For example, I do not see a adjudication of war crimes against others,
need for the defendant to get his Miranda you know, in Bosnia and Romania and other
warnings or a jury of his peers. But there are settings, some of these kinds of principles
five basic principles that I believe should be exist there.
respected, and I would be interested in your
response. And, I think that it's very important for
members of the Congress to state their
Number one, at some point we need a considerations in this regard and to make
clear understanding of who will be subject them known to those officials who will be
to these tribunals. Number two, the developing the final rules that exist here. I
defendants must receive the assistance of don't know anything in the order of the
counsel in mounting a defense, and with that president which would preclude the vast
counsel, defendants must be permitted majority of the items which you have
timely access to evidence and the right to indicated. The kinds of guidelines which
cross-examine witnesses, and have the right support the war crimes tribunals, for
to present exculpatory evidence. Number instance, at The Hague, are the kinds that
three, if the standard of proof is to be less exist in the president's order to develop the
than "beyond a reasonable doubt," then it procedures which is -- which are now before
must be at least as high as "guilt by clear the secretary of defense.
and convincing evidence." Number four, the
death penalty must not be imposed simply So, I would urge you and members of the
by a vote of a majority of the jurors. And committee to make these contributions to the
number five, the system must guarantee the secretary of defense. And I believe that it is
defendant a right to a meaningful appeal. the intention of the secretary of defense to
fashion a system which will support the
Now, my question to you as the attorney world's respect for the way in which
general of the United States, speaking to the America always conducts justice.
American people in advance of the rules that
may come forth from the president, as you SEN. KOHL: I thank you, Mr. Attorney
have suggested, what would be your General.
response to those five principles.
SEN. LEAHY: Senator Specter.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the national security, then those orders are
SEN. ARLEN SPECTER (R-PA): Thank overruled.
you. Attorney General Ashcroft, the
regulations which you promulgated for SEN. SPECTER: Attorney General
detention of aliens provides that even after Ashcroft, let me ask you to supplement your
the immigration judge orders release, that is answer in writing. What you just said is very
stayed by an appeal, and even after the generalized. I would like you to provide to
appellate tribunal orders release, that is the committee what standards the attorney
stayed automatically if it's certified to you as general uses and how that ties into the
attorney general. But there are no standards statute which requires release after seven
set forth as to why the person would be days. The statute, of course, would take
detained further. There is a generalized precedence over a regulation. But I want to
requirement that these detention rules are move on to another question now, and if you
articulated for national security, but even would supplement that in writing --
after releases by two courts, the detention
contains -- remains automatic, without any ATTY GEN. ASHCROFT: I'd be happy
procedure, or establishment, or articulation to do that. The statute requiring release after
of standards as to why. Shouldn't there be seven days is -- I believe the statute says that
some standard? And how do you make that can be held without charges for seven days.
determination for continued detention in the We're talking about individuals against
face of the two judicial orders? whom charges remain.
ATTY GEN. ASHCROFT: Well, in the SEN. SPECTER: Well, there appears to
cases which we -- which prompted us to me, at least on the face, to be some
embark upon this procedure, we came to the inconsistency, but if you would address that
conclusion that it may be necessary for us in writing --
from time to time to ask for the detention of
an individual pending the final outcome and ATTY GEN. ASHCROFT: I'd be very
adjudication of the charges against that happy to do so. Thank you for the
individual, and they have to do with national opportunity.
security.
SEN. SPECTER: -- specifying why your
SEN. SPECTER: But what is the -- what decision is to keep him in detention after
is the standard for detention after two judges those two judicial orders, I would appreciate
have ruled that he should be released? it.
ATTY GEN. ASHCROFT: Well, those The Constitution provides, Article 1,

judges are part of the process that is Section 8, Clause 14, empowering Congress
assigned to the Immigration and to establish courts with exclusive
Naturalization Service function, which is a jurisdiction over military offenses. There has
process which is overseen by the attorney been a statute, which was referred to in the
general. And if the attorney general executive order, which delegates certain
develops and understanding that it's against authority to the president, providing that
the national interest and -- and would in procedures may be prescribed by the
some way potentially violate or jeopardize president by regulations which shall so far
as he considers practicable apply the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
principles of law and rules of evidence authority, and this is not your fault, when
generally recognized in the trial of criminal Assistant Attorney General Michael
cases in the United States district courts. Chertoff testified, he told us that the
Now, under that statute, there's a pretty plain Department of Justice wasn't even involved
presumption of using the regular rules of in this executive order, and that the
law and rules of evidence unless the regulations for the implementation go to the
president makes the determination that it's Department of Defense, which was a little
not practicable. surprising, since it's the Department of
Justice which has the institutional
When you commented that you were not knowledge and experience. I note that in the
going to notify the Congress when you have brochure you passed out, that the executive
conversations with the president, I agree order is on paper with the masthead of the
with you totally. I think that's a privileged Department of Justice. But as I understand
communication. And that's the same kind of it, DOJ didn't have anything to do with the
privilege which some of us are looking executive order.
toward on an examination of monitoring
attorney-client conversations. Any person in What I'd like you to address is your sense
the United States has the same attorney- as to the appropriate relationship between
client privilege that the president does. And the Judiciary Committee, the Senate, and the
I appreciate your determinations and respect promulgation of the executive order, and the
that. role that the Department of Justice ought to
have in rules to implement the
But, we're not really talking about generalizations of the executive order.
notifying Congress on something you talked
to the president about We are talking about ATTY GEN. ASHCROFT: Well, that's a
consulting with the Judiciary Committee -- very, very interesting question. And, first of
you used to sit next to me right here -- all, it's not -- I don't believe this is an
executive order. I believe this is an order of
ATTY GEN. ASHCROFT: It was a the commander-in-chief and it's a military
pleasure. order. And in as much as it is, many times I
think a number of us have slipped to call it
SEN. SPECTER: You have -- an executive order. But the president
operates in two ways to deal with crime. It's
ATTY GEN. ASHCROFT: It's easier on his responsibility in the criminal justice
that side. (Laughter.) system to have as his administration the
prosecution of crime, but in his conduct of
SEN. SPECTER: -- pleasure both ways. his responsibility to pursue the war powers
But you get more than five minutes. and to defend the United States in those
(Laughter.) settings, he has the right to call forth through
the military order the development of a way
ATTY GEN. ASHCROFT: What makes to adjudicate war crimes, which are separate
you think that's a pleasure? (Laughter.) and distinct from the criminal justice
system. I believe that the president indicated
SEN. SPECTER: But the question -- the in the order which he issued establishing
question that I have for you -- my red light is war crimes commissions, that the
on -- is given the Congress' Congressional practicability, I believe is the word that is in
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the statute, if it were to be applied to this very supportive of what your department is
particular commission order, does not exist doing and what you are trying to do. Perhaps
which would require adherence to those as a member of the Intelligence Committee,
rules. we learn things about what is happening that
we can't really disclose. But I'm convinced
SEN. SPECTER: Thank you very much. that there is reason for deep concern and
there are good reasons for doing what the
SEN. LEAHY: Thank you. General, I am president has proposed.
advised that there is to be the first of several
confirmation votes on judges that's to begin It was interesting for me to read through
in about three minutes. And my request to the al Qaeda manual, the translation of
have anything after the first one be by voice which you just distributed to us. And so that
vote will be granted. everybody might know, I just want to read
one small part. It's under "Principles of
So what I'm going to do is take a 10- Military Organization," and it says,
minute break. Senator Hatch and I will go "Missions required of the military
over, as will others, and be prepared to come organization: The main mission for which
back and begin immediately at the end of the military organization is responsible is the
that time, and we will go to the senator from overthrow of the godless regimes and their
California, Senator Feinstein, at that time. replacement with the Islamic regimes.
You'd probably like to stretch your legs
anyway. "Other missions consist of the following:
Gathering information about the enemy --
ATTY GEN. ASHCROFT: Yes, sir. the land, the installations and the neighbors;
kidnapping enemy personnel, documents,
SEN. LEAHY: So we stand in recess. secrets and arms; assassinating enemy
personnel as well as foreign tourists; freeing
(Recess.) the brothers who are captured by the enemy;
spreading rumors and writing statements
SEN. LEAHY: Our former colleague, the that instigate people against the enemy;
attorney general, knows that, just like five- blasting and destroying the places of
minute questions often are not, 15-minute amusement, immorality and sin, not a vital
roll calls often are not. But I appreciate target; blasting and destroying the embassies
senators who went over to vote and came and attacking vital economic centers;
back. I've also been told we will not have blasting and destroying bridges leading into
another roll call for a while. We just are and out of the cities." That's a pretty clear
about to finish a vote on confirming a circuit statement of military mission.
court of appeals judge, and we'll then voice-
vote other district judges. But Senator Having said that, and just following up
Feinstein was next in line. And Senator, I on Senator Kennedy's questioning, I'm also
appreciate you being here, and I'll yield to aware that many people who may well be
you. associated with terrorist organizations, how
they buy their weapons -- and the manual
SEN. FEINSTEIN: Thank you very also speaks to that, how to buy these
much, Mr. Chairman. Mr. Attorney General, weapons. And I would -- you very nicely
I'd like you to know personally that I am offered to look at any proposal.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Times recently in which he explained some
I'd like this afternoon to send you a of the legal provisions in the president's
proposal which Senators Corzine, Inouye November 13th order. And I'd like to state
and Reed and I will shortly introduce which this. Mr. Gonzales, and I quote: "The order
is for a universal background check for the covers not only foreign enemy war
purchase of weapons and which is modeled criminals. It does not cover United States
after the Pennsylvania law, which I believe citizens or even enemy soldiers abiding by
was signed by Governor Ridge. I'd like to the laws of war."
ask that you take a good look at that
proposal and tell me what you think about it. Now, two days ago, Ambassador Prosper
testified that he interpreted this sentence to
Also, having participated in the other mean that only those who commit, and I
hearings, I want to express one thought to quote, "grave violations that require
you. The resolution the Congress passed organization, leadership, promotion of
authorizing the president to use force was purpose," end quote, will be tried by a
quantified, and it was quantified because a military commission. However, the order is
country, as in a full declaration of war, isn't sufficiently broad to leave open the concern
what we're fighting against. So no country that this order could cover many people who
was named. But the president was have a very peripheral relationship to the
authorized to use all military force against September 11th attack.
the perpetrators of 9/11, and where that
would take him in terms of using that Does the order -- and this is getting at the
military force. intent -- does the order only apply to the
leaders of al Qaeda and those directly
Now, it may or may not have the same involved in the September 11th attacks and
legal standing as a full declaration of war, other international terrorist attacks, or will it
but I think there is room for some problems also apply to those only peripherally
here. So I am of the opinion that we should involved in criminal activity?
pass an authorizing resolution that really
gives you, as the executive branch, the ATTY GEN. ASHCROFT: I think it's,
authority to do what you need and also states first of all, important to note that it does not
some things like the standard of proof, like apply to American citizens, nor does it apply
whether it's open or partially closed, the to people who violate the criminal law of
right to counsel, those kinds of things in that this country generally.
declaration.
SEN. FEINSTEIN: Is that legal aliens.
And I have a series of questions, and I
won't have time to ask them all, about where ATTY GEN. ASHCROFT: This is --
you stand with respect to precise points that legal aliens are obviously subject to this
would be in that declaration. But I'd like to order. But the point is that the commissions
ask one question, because I think it's the were called into existence by issuing a
heart of a lot of the concern, at least on this military order by the president that would
side of the aisle. try war crimes. So individuals who have
committed war crimes in the context of this
The White House counsel, Alberto time of conflict are subject to this order
Gonzales, wrote an op-ed for the New York unless they are United States citizens. And
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
technically, in that respect, the universe of
individuals eligible for coverage is a large SEN. LEAHY: I think it also says those
number. who harbor or assist or anything else. Is that
correct?
But similarly, every criminal law that we
pass in the United States has a potential ATTY GEN. ASHCROFT: When it talks
coverage of 280 million people. That's the about the trials to be conducted, it talks
population of individuals. And we see those about trials to be conducted for war crimes.
laws as protecting the 280 million people,
not putting them in jeopardy. SEN. LEAHY: But General -- and I don't
expect that you've had time to see this -- I
Similarly, I believe the president's faxed down to your office yesterday some
purpose in this war crimes commission proposed legislation, and I'm not asking
which he has issued -- and obviously it calls questions on that because it wouldn't be fair;
for the right to counsel and things in the you've just gotten it. But I wish you and
commission order -- is to protect people, not your experts would look at some proposed
to place them in jeopardy; and obviously the legislation. I know Senator Feinstein has
20 million people in the United States that it raised this issue with me, I think, several
would protect, even though the fact they days ago, actually, and Senator Schumer and
would be eligible for prosecution here, are others have. Members in both parties of the
people who also fear the kind of terrorism Armed Services Committee raised the issue.
that destroyed a number of individuals, not
citizens of the United States, in the World I've got to tell you, I think, from a
Trade Center bombing and in the other constitutional and an historical point, the
incidents that related to September 11th. president, you, the secretary of Defense and
others will be strengthened in your resolve,
It is important that the president's but also in your abilities, by having a
directive that we have a full and fair hearing congressional mandate and framework for
be reflected in what the Department of these military tribunals.
Defense eventually details as the procedures.
And I would -- I think it'd be appropriate for Nobody up here has questioned the fact
discussion and contribution to be substantial that you can have military tribunals, but as
in that regard to the department. an op-ed piece in the Post and others said
today, very special circumstances where
SEN. FEINSTEIN: I know my time has they are done. But if you have congressional
expired. Let me just clear this up. You're framework, congressional approval, a lot of
saying, then, that the military tribunal will the questions that are being asked would
only be used for those who would be stop. And I really think, as the senator from
prosecuted for war crimes. California and others have suggested, you
should do that.
ATTY GEN. ASHCROFT: War crimes.
And the order limits the jurisdiction of the Please take a look at some of the ideas
commission to the commission of war I've sent and others will send you, because
crimes. ultimately we work better when we work
together. We do not give the best image to
SEN. FEINSTEIN: Thank you. the rest of the world when we work apart.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
ATTY GEN. ASHCROFT: I'm informed
SEN. FEINSTEIN: Mr. Chairman? that it is instructive and this is more --
SEN. LEAHY: Yes. SEN. LEAHY: I thought you were going

to say you were informed it is a game of
SEN. FEINSTEIN: Would you just allow "gotcha." (Laughter.)
me, because the order is a little different
from what the attorney general said. The ATTY GEN. ASHCROFT: I'll be glad to
order states, "To be tried for violations of confer with you about this. Thank you.
the laws of war and other applicable laws by
military tribunals." So you're saying, "Strike SEN. LEAHY: The point is, we're laying
the other applicable laws." down not only a legal history; we're laying
down an historical history here. So I would
ATTY GEN. ASHCROFT: I believe that ask, in reviewing the transcript, certainly if
the correct construction of the order would there's additions, changes you want to make,
indicate that only individuals who had do so. And I would say the same for
committed war crimes would be subject to members of the panel.
the jurisdiction of the commission.
The senator from Arizona has been very
SEN. LEAHY: Again, I think that's why patient.
we should have it laid out very specifically
in the law, not by executive order but in the SEN. HATCH: Mr. Chairman, if I could
law, what is and what is not allowed. just make one comment about that.
ATTY GEN. ASHCROFT: I guess I SEN. LEAHY: Not as patient as the

would refer you to Section 4, Part A: "Any senator from Utah. Yes, go ahead.
individual subject to this order shall, when
tried, be tried by military commission for SEN. HATCH: We've all seen how
any and all offenses triable by military cooperative the Congress is on something as
commission, that such individual is alleged mundane and simple as economic stimulus
to have committed, and may be punished in package. You can imagine what they'd do
accordance with the penalties provided with this, because I just got -- you know, I
under applicable law, including life was just amazed. Honest to goodness, I was
imprisonment and/or death." I don't think amazed to see some of the comments of
that's instructive. I've been handed Julian Bond against our attorney general.
something that is -- Some of the things he says are really quite
offensive.
SEN. LEAHY: Well, General --
SEN. LEAHY: We're talking about this -
ATTY GEN. ASHCROFT: It must be in -
response to some other question. (Laughter.)
SEN. HATCH: Wait just a second. And
SEN. LEAHY: General, this is not a I'm just saying that there are differences on
game -- this is not a game of "gotcha." these matters. But one difference that I don't
think anybody can dispute is that we have
had presidential military commissions from
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the time of George Washington, and
Congress has generally gone along with ATTY GEN. ASHCROFT: Thank you.
them because of the need to cooperate and
resolve these problems of war. So I just SEN. LEAHY: Senator Kyl.
make that point, for whatever it's worth.
SEN. KYL: Thank you, Mr. Chairman. I
I'd like to put in the record some remarks would just note that Senator DeWine was
that I would make and also a report by Cecil here before I was. Are we just going in the
Angel, a Free Press staff writer, about some regular order? Or --
of the comments made against our -- I think
inappropriate comments and very, very SEN. DEWINE: That's fine, Mr.
inflammatory comments made against our Chairman.
attorney general, I think terrible comments
from somebody who I believed should be in SEN. LEAHY: I'm sorry.
a position of respect.
SEN. KYL: I'd be happy to defer to
SEN. LEAHY: We have a number of Senator DeWine if --
things that will be put in the record. Of
course, every senator will be allowed to put SEN. DEWINE: Go ahead -- it doesn't
whatever they want in the record. But matter.
General, please take a look at the legislation
we've sent down to you. This committee SEN. KYL: All right, thank you. Thank
doesn't deal with economic stimulus you.
packages. It deals with the criminal codes
and others of this country, and we've moved SEN. DEWINE: Go ahead, Jon.
pretty rapidly, working together on the anti-
terrorism legislation. We demonstrated we SEN. LEAHY: I'm sorry, that was my
can do that when the country's future is at mistake.
stake.
SEN. KYL: All right, I thank the senator
ATTY GEN. ASHCROFT: On to the from Ohio.
category of "The staff is always right," let
me just say that this does say, "All offenses I just have three questions. Let me just
triable by military commission," and that's make a quick comment in view of the
artful language designed to mean war colloquy that has occurred here before. The
crimes. attorney general today, and Michael
Chertoff last week, made it clear that the
SEN. LEAHY: I understand. president's order is pursuant to his authority
as commander in chief, directed to the
ATTY GEN. ASHCROFT: But I'll be Department of Defense for both the
happy to go further with that and clarify that execution of the military commissions, as
in another setting. well as the development of the rules and
procedures for their conduct, that he is
SEN. LEAHY: Do take a look at the perfectly willing to pass on any suggestions
legislation. I would like to have your views that we have. This is not a Judiciary
on it, the legislation we sent you. Committee responsibility or a congressional
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
responsibility. And I would hate to think that Secondly, the point has been raised about
we would take time out from holding the law to be applied to U.S. citizens. There
hearings on the 100- plus judges that are already is a United States citizen, a fellow
pending before us, for example, to try to by the name of John Walker, who tied up
come up with the rules and procedures for with these Taliban fighters and was recently
conducting these military commissions. It is captured. and there have been questions
a Defense Department responsibility, a about what will be done with him. And I
presidential responsibility. And while l am wonder if you could tell us what the
sure they will have the able advice of the Department of Justice, if anything, what the
Department of Justice should they request it, Department of Justice intends to do about
as the attorney general has volunteered, it is the case of John Walker. And, third, if you
not something that either we as a committee, would, again because the Defense
nor the Congress generally, should start Department is the department of government
getting into at this point in the session, and responsible for the development of the
with all of the other business that is pending procedures for the conduct of the military
before this committee. That is my opinion commissions -- you alluded to something in
on that. your statement I think could well justify a
lot more comment, especially relating to the
Just three questions, Mr. Attorney oversight authority of this committee -- and
General. First of all, Senator Feinstein's that is you've said that the Justice
comment got me thinking about this. Our Department is in some respects being
special forces round up a couple hundred of restructured to fight this war on terrorism.
these radical Arabs who we have been We have a new obligation, a new mandate
reading about. We even shoot the Taliban here. And to the extent you'd like to edify us
soldiers in the back when we think they are about what you are intending to do to make
trying to flee -- they are so tied into the al us safer, I would appreciate hearing more on
Qaeda. And so they fall into our hands, and that as well.
it seems to me we have got three choices. I
suppose what we could say is, Here, to the ATTY GEN. ASHCROFT: Thank you
Northern Alliance -- you take them -- and I'd very much, senator. Let me first say why
hate to think about their civil rights in that commissions. I believe the president has a
situation. But that would be the easiest duty in time of war to see to it that those
thing, because military commissions are a individuals who are involved in whatever
lot of trouble. But we could also try them war there is against the United States don't
before the military commissions. It seems to target innocent civilians. And if we don't
me the third option is clearly not an option, impose a penalty to those who violate the
and that is bringing them to the United laws of war, we will provide an incentive for
States for Article III trials. the violation of the law of war.
So my first question is what your take is The war crimes commission ordered by
really on the need for the commissions. We the president, now being developed by the
talked a lot about the potential rules and Department of Defense, is designed to say
procedures. But why do we need them in the that attacks on innocent civilians that are not
first place? military targets, taking hostages and killing
them, are acts of war. Now, when we come
to those responsible for this, say who are in
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Afghanistan, are we supposed to read them The commission order of the president
the Miranda rights, hire a flamboyant indicates that that is limited to non-citizens.
defense lawyer, bring them back to the
United States to create a new cable network SEN. KYL: Mr. Chairman, General
of Osama TV or what have you, provide a Ashcroft, did you want to comment at all
worldwide platform from which propaganda about the restructuring of the Department of
can be developed? We have judges in the Justice for the purpose of protecting --
United States that are constantly protected
because of their prior involvement in ATTY GEN. ASHCROFT: Well, thank
terrorist trials. Can you imagine making a you. You know, I believe that there is a
courthouse in a city a target for terrorist noble purpose is justice, and that is to
activity as a result of focusing the world's prevent crime. Whenever we prosecute, we
attention on some trial in the normal setting are trying to remedy the absence of justice
for these war crimes? that came when someone's rights were
infringed. And I've always said that we are
Well, war crimes are well understood in the Justice Department, not just the
the international community. We have prosecution department. So our -- we have
ongoing war crimes tribunals that relate to begun even a more pervasive shift towards
atrocities conducted against the Rwandans, prevention -- finding ways to disrupt and
relate to atrocities conducted against the prevent this activity rather than to try to
Bosnians. There have been a few atrocities remediate it, because we know that the scar
conducted against the United States of that is left by thousands of people who die in
America, and I think it's appropriate that we even a single terrorist incident is a scar that
exercise the discipline of a war crimes can't be remediated. And all the prosecutions
commission to hold those responsible who in the world aren't as good as preventing
violated the law of war in that respect. that.
Now, you raise the case of an individual So if we have a sea change in terms of
said to have been a U.S. citizen who joined our effort, it's to try and reconfigure our
the other side. I really am not in a position to thinking toward prevention, not just
respond regarding any specific prosecution prosecution. We are going to be sending
or case or alleged crime committed by an people from Washington to the front lines in
American. I would say very clearly that our offices to prevent and to prosecute and
history has not looked kindly upon those to disrupt terrorism, rather than have so
that have forsaken their countries to go and many people in Washington, D.C. But we
fight against their countries, especially with are going to be learning about how we can
organizations that have totally disrespected additional deploy our resources so as to
the rights of individuals, that make women make sure this doesn't happen again. This is
objects of scorn and derision, that outlaw something that is intolerable and
education. That's certainly the case. And unacceptable, and we have got to fight to
there -- I will not belabor you right now with make sure it's not repeatable.
a list of the kinds of criminal actions that
could be taken in the criminal justice system SEN. KYL: I appreciate that. Thank you.
against such individuals. I can tell you that Thank you, Mr. Chairman.
no person will be -- no citizen of the United
States will be tried in a war crimes tribunal. SEN. LEAHY: Senator Feingold.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SEN. FEINGOLD: Let me get into the
SEN. FEINGOLD: Thank you, Mr. specifics. And I appreciate that, and I take
Chairman. Thank you, Mr. Attorney your responses, certainly suggesting that this
General, I appreciate this opportunity for all process is entirely appropriate.
of us to ask you questions today. I would
like to just start with a general questions. ATTY GEN. ASHCROFT: Absolutely.
There is often an attempt at hearings like
this to sort of set a room tone at the SEN. FEINGOLD: So let me proceed
beginning, to put everything in context. And with that.
one thing that my good friend, the senator
from Utah, the ranking member, said, was ATTY GEN. ASHCROFT: And it
that -- I believe he was asking another includes other hearings held, and to which
senator saying that we ought to get off the we have sent members of the department.
back of the attorney general. And in your
own statement you referred to people who SEN. FEINGOLD: Fair enough. Let me
use -- or refer to phantoms of lost liberty as turn then to the topic of one of those
being tactics that aid the terrorists by hearings, the issue of secretion detention of
eroding national unity. I would just like your hundreds of individuals, most --
assurance that you do not consider the
hearings that we have been holding under ATTY GEN. ASHCROFT: May I -- may
the leadership of the chairman and the I just indicate that -- and I guess I should not
hearing today as in any way being too much interrupt, but secret detention is something I
on your back or in any way somehow aiding would like --
the terrorists by eroding national unity.
SEN. FEINGOLD: Let me strike the
ATTY GEN. ASHCROFT: I am very word "secret," so my time doesn't get used
pleased to repeat what I said in my up in the description.
statement, that I was pleased to be here, that
I am honored to be here, that we do need ATTY GEN. ASHCROFT: Yes, let's do
reasoned discourse. I did indicate that we that.
need reasoned discourse as opposed to fear
mongering. And I think that's fair. This is SEN. FEINGOLD: The detention of
the place where reasoning and discourse hundreds of individuals, mostly of Arab or
take place. And we do need to be fair Muslim backgrounds, and many if not most
enough about this to allow the details to be for minor immigration violations. So far,
known. Mr. Attorney General, you have refused to
provide a full accounting of these
When news organizations across individuals. At first you said that the law
America, from all sides of the spectrum I prevented you from disclosing the identities
might add, trumpet as a headline, "attorney of the roughly 550 individuals held on
general eavesdrop conversations between immigration charges.
lawyers and clients," and they leave it there,
that's a gross misrepresentation about civil When I asked Mr. Chertoff last week to
rights. cite the law that prevents the department
from releasing the information, he
confirmed that there is no such law. You
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
also stated that you did not want to help you commit to this committee today that the
Osama bin Laden by releasing a list of the Department of Justice will take immediate
detainees. Yet you and Mr. Chertoff have steps to assure that every detainee is made
said nothing prevents the detainees from aware of his right to be represented by
self- identifying. Now this it strikes me just counsel, and made aware of organizations or
entirely undercuts the argument that giving groups that will represent him without
out this information will help bin Laden, charge if he can't afford a lawyer; that
because if you really thought it would you counsel are able to locate and consult with
wouldn't permit self- identification; you their clients without difficulty; that detainees
wouldn't have released the names of 93 are permitted to contact their attorneys as
individuals who have been charged with often as they need to, and receive or return
federal crimes. all calls from their attorneys without
interference?
Moreover, as the hearing of the
committee held on Tuesday showed, saying And, second, until the full disclosure
detainees can self-identify is sometimes requested in my October 31st letter is made,
questionable at best. Mr. Al Maqtari, a I would request that the Department of
former detainee who testified, was allowed Justice determine if any of the people
one phone call of no longer than 15 minutes currently held in detention are not
a week for almost the entire two months he represented by counsel. Will you do that?
was held in detention. So I would like to
specifically ask you about the right of the ATTY GEN. ASHCROFT: I think I can
people being detained to consult an attorney. promise I can do virtually everything you've
Mr. Chertoff testified before this committee said. You've made a pretty particular and
last week that every one of these individuals detailed proposal. You've said that they
has a right to counsel; every person detained would be able to return every phone call.
has a right to make phone calls to family and And there are reasonable limits that I think
attorneys. But the right to an attorney is have to be imposed, even on those
meaningless if in practice it's impossible for individuals who have violated the law and
an individual in custody to contact his want to confer with their attorneys. I believe
attorney. it is the right, and will take steps to make
sure again that every detainee understands
And we heard testimony in the that we believe it to be his or her right that
committee Tuesday of at least two instances they have counsel for those for whom
where individuals were unable to speak with government counsel is not provided; in other
their lawyers for days or even weeks after words, that there is not a government-funded
they were detains. We know that these are counsel, we have a practice of providing pro
not the only such instances. Furthermore, it bono counsels. And we have been bringing
became clear that the roadblocks to people of those pro bonos counsels into the
individuals consulting with counsel not only detention facilities regularly, so that
caused great hardship to the clients and individuals who are being detained can have
violate their rights, but it also hinders the an opportunity to see an attorney if they
investigation and wastes the resource of law haven't called them or haven't chosen to.
enforcement on people who it turns out have They still have a chance to confer.
no connection to terrorism. So I'd like you to
answer two questions in this regard. Will
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I want to do that, and I do not intend to You mentioned that each of these
hold individuals without access to counsel. individuals has had the right to self-disclose
And we will take steps to make sure that we their incarceration. Each of these individuals
don't. I don't believe that we are. And I will obviously has had the right to contact a
make available to individuals an lawyer -- you have cited some who have
understanding of pro bono counsel or free said that their contact hasn't been with free
counsel in the event that they are not enough access, and I will look carefully into
classified as individuals entitled to an that. I know that one of the individuals that I
attorney at government expense. believe you had at your hearing was an
individual that I had, immediately when I
I would -- let me clarify a couple of had heard that there may have been an
things, if I might -- and I will try not to take irregularity regarding his detention, sent FBI
too much time. When Mr. Chertoff was members to his home the minute -- when I
answering the question, he said, "I don't heard about that, upon his release. And our
know that there is a specific law that bars report was that he didn't allege a problem at
the disclosure of the names." That was his that time. But I am eager -- was then, remain
testimony. And let me just tell you what the eager -- to reserve these rights.
frame of reference is when I talk about the
law regarding detainees. The law varies in It is with that in mind that I would say
relation to the nature of the detainee. If a that we have detained about 500 -- we have
detainee is a permanent resident but an alien in detention about 563 individuals who are
to the United States, the law prohibits the being detained on Immigration and
disclosure of his name or her name. If the Naturalization Service items related to the
person is not a permanent resident but is events of 9-11. We have a total of about
here on another kind of visa or authority, the 20,000 people detained in the Immigration
law recognizes the duty of the attorney and Naturalization detention program. We
general or the authorities to protect have about 54 people detained on criminal
prosecutions and investigations by not charges, and those individuals obviously,
providing lists of the names. unless the court has sealed the nature of the
charge, there is a public record of their
These laws are basically summed up in detention, although it is not a coordinated
the FOIA legislation, which talks about list. We have detained some other
freedom of information. And one of the individuals, and I am not at liberty to discuss
considerations I have is that the privacy their detentions, because they are the
rights of individuals in this setting should be subjects of material witness warrants.
respected, that people should not be labeled
as "terrorists" while we are still investigating SEN. FEINGOLD: Sorry, Mr. Chairman,
any connections they might have to I know my time is up, but let me just say
terrorism. With that in mind, I have -- as in quickly in response that there still has been
addition to protecting from disclosing no law cited for us that suggests that the law
information about who we have in custody prohibits the disclosure. We have no citation
or don't have in custody as a coordinated to that effect. And we are still wondering
list, I have refrained from developing the what that is. And, Mr. Chairman, I
list, and frankly don't intend to develop such appreciate the attorney general describing
a list. the practice with regard to right to counsel.
But I want your commitment, Mr. Attorney
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
General, that everyone in detention will get indicated earlier, senator, I -- there is a
a lawyer, and will be able to consult with varying legal standard, depending on the
them. Can you give me that commitment? status of the individual. The prevention is on
a narrow group of individuals that are
ATTY GEN. ASHCROFT: Well, no I permanent residents. The authority not to
can't. I cannot force lawyers on individuals disclose relates to those who are not
who refuse lawyers. I can make a lawyer permanent residents, but disclosure of
available to every person in detention. In which, in the judgment of law enforcement
terms of the availability to lawyers for authorities would be ill advised as it relates
calling them, I am not authorized to provide to aiding the enemy or interfering with the
lawyers for those in the INS detention at prosecution.
public expense, but I will promise you I will
do everything -- SEN. FEINGOLD: Well, Mr. Chairman,
I would simply add that this confirms that
SEN. FEINGOLD: But you commit to there simply is no blanket prohibition in the
making a lawyer available to every person in law of disclosure, and I would just like that
detention? on the record.
ATTY GEN. ASHCROFT: If lawyers ATTY GEN. ASHCROFT: I -- I can

are willing to provide service to those agree with the senator, and would stipulate
individuals, and we are helping generate to the fact that there is no blanket
those lawyers, we will do that. prohibition.
SEN. FEINGOLD: Thank you, Mr. SEN. FEINGOLD: Thank you, Mr.
Chairman. Chairman.
SEN. LEAHY: Thank you. SEN. LEAHY: Thank you both. Senator
DeWine.
ATTY GEN. ASHCROFT: I might -- if I
might -- SEN. DEWINE (R-OH): Mr. Chairman,
thank you. Mr. Attorney General, thank you
SEN. LEAHY: Yes, go ahead -- for your testimony, and thank you for the
good job that you are doing for our country.
ATTY GEN. ASHCROFT: -- I would
cite privacy Act 5, U.S. Code 562(a) -- that's We've had the opportunity in this country
paren (a), paren (2), as -- and the FOIA 5 for the last several weeks to have a spirited
U.S. Code 552(b)(6), especially as the debate about military tribunals. I think after
prohibition regarding naming legal that debate, it is clear -- and after your
permanent residents. testimony it is clear that military tribunals
are constitutional, that there is certainly
SEN. FEINGOLD: You are citing this as historic precedent for doing it. I think also it
a prohibition on disclosing any of the names is clear that in certain limited cases, there --
of those in detention? you do have the need in this country to
protect the trier of the facts, the judge or a
ATTY GEN. ASHCROFT: Not any of jury, witnesses in some cases. And I think
the names of those in detention. As I it's also clear that in some cases we have the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
need to protect intelligence sources and and think about, I guess, the Nuremberg
intelligence information. trials, controversial with some people at the
time. But I think as we look back, those --
I would, though, like to talk for a those hearings, those trials, we look back as
moment with you about -- and I understand an advancement in civilization, that we do in
that it's not your department that is putting fact hold people accountable for what they
out the protocols and writing the rules, but I do, but we do it in the right way, and we do
again assume that you will have some input it, when possible in a public way.
into that. I'd like to talk a little bit about
some of the public policy issues and public So, I think these are tools for us to
concerns that I have, and foreign policy advance, tools for us to learn, and tools for
concerns I have about the use of military us to teach. One of the great things this
tribunals. We have every day in this world country teaches, and one of the great things
hundreds of thousands, maybe millions of that we export when we talk about what we
U.S. citizens who travel or who live in other export -- and I think the greatest thing we
countries. I think we have to be concerned export is the rule of law. And we see it --
about the perception of what we are doing, and you have traveled to foreign countries, I
not just the reality of what we are doing. I have traveled, and we do a great job in
have, certainly, confidence in this trying to convince people that if they really
administration in doing it correctly, but I want to advance, if they want to protect
think also the perception is very, very rights, if they want to have advancement of
important. civilization, they will in fact have the rule of
law.
So, I would certainly hope that when the
administration comes out with the protocols, And so I think we just need to be very,
in addition to what has already been stated, very careful as we approach this. I think it's
that there would be some other things that been demonstrated the need to have these,
would be very clear. One would be a very but I think it's also that in each particular
clear guidelines as to the rules of evidence. case, I will the president at his word, that he
Second, that the rules would provide very will make the decision and in each case
clear standards of proof and burden of proof, there will be, I would hope, a very
ultimate burden of proof that would have to compelling reason -- a compelling reason to
be met before someone could be convicted. have a military tribunal, and a compelling
Third, I would hope that there would be a reason to go beyond that if they have to be
provision for a review, a final review of the close, a compelling reason to close those
verdict beyond the initial court or the initial particular hearings.
trier of fact. And fourth, and certainly not
least, is that I would hope that these would Let me just ask you a question and then
be held in public, in open, that they would I'll let you comment if you could. I'm
be as open as possible unless there is a learning after a few years in the Senate how
compelling reason for their closure. to do this -- you get all your comments and
then you give the witness the opportunity to
Tribunals throughout history, certainly of comment right as the red light comes on.
the last century and into the current century,
have provided an opportunity for mankind It's clear, based on, I think, what we have
and for civilization to advance. We all cite read, and based upon good common sense,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
and some of the things you have said today, committee have visited The Hague and have
there has to have been a fundamental shift in actually witnesses proceedings -- which I
how the department operates and what it would be surprised if they're not ongoing
sees as its mission. And I don't want to put today, where atrocities against other nations
words in your mouth, but we would all, I are being remedied in a war crimes tribunal
think, assume that there has been some setting that has very similar language and
change in the mission, and the change has to structure to the language and structure
do with the protecting of the United States proposed by the order of the president. This
citizens against future terrorist activities. order of the president talks about openness.
With that change, as you look at the future It talks about evidence needing to have
of the department, doesn't that mean that probative value. It talks about the kinds of
there will be some things that you simply votes that would have to be taken in order to
will not do as well, or you simply will not be make sure that a verdict is appropriate. And
able to emphasize as much? And maybe you I believe the order signals enough in terms
have not had a chance to sit back and think of those -- respect for those rights of the
about this or do long- range planning, but it accused that the Department of Defense will
seems to me that as a country, as a act appropriately and be -- as a matter of
department, as an administration, ultimately fact, I expect it to.
as this -- as this committee that has
oversight, that's something that we have to I just want to know -- want you to know
think about as a people, the mission of your that I believe that the -- there are
department, which I think, I will say at least, fundamental rights at stake here, and it's the
fundamentally had to change after right of the American public to expect not to
September 11th. Your comments. be abused by war criminals, and that the
president has a duty and responsibility
ATTY GEN. ASHCROFT: Well, I thank where, in his words, I think, to bring them to
the Senator. And not only is the red light on, justice or to bring justice to them. And this
but it's flashing -- (laughter) -- and so I -- is a part of getting that done.
I'm glad you mentioned the rule of law. I
can't think of a more savage interruption and SEN. LEAHY: Thank you.
disruption and violation of the rule of law
than the events of September the 11th. They SEN. DEWINE: Do you want to take a
are war crimes. And to fail to prosecute war crack at the second part of the question?
crimes is to reinforce the idea that somehow
we can forget about the rule of law. I believe ATTY GEN. ASHCROFT: Oh, the -- it
we need to send a message to the world that is said that those organizations that have too
America does not tolerate the disruption of many priorities express no priority at all. I
the rule of law, the slaughter of innocents, recently totaled up the way the Justice
war crimes. So, I think the president has a Department has grown, and I have found
duty, a solemn duty, to constitute a that in our records we had stated that there
commission to resolve the war crimes issue. are 56 priorities for the Department of
Justice.
It's not as if war crimes issues are not a
part of the every day discourse of the world, SEN. LEAHY: You may want to submit
seen by our allies and our enemies alike. I all 64 for the record, General Ashcroft.
think a number of members of this
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
ATTY GEN. ASHCROFT: Pardon? you, and appreciate all your efforts --
whether we agree with all of them or not --
SEN. LEAHY: Feel free to submit the 64 on that behalf.
for the record --
Let me say that you gave a strong,
ATTY GEN. ASHCROFT: I said 56. eloquent statement about the danger before
us when you opened, and how you needed to
SEN. LEAHY: Oh, 56 -- you can submit get every tool that you could to fight
that for the record. terrorism. I think that's something that most
Americans, in one degree or another, would
ATTY GEN. ASHCROFT: I mean, that's agree with. But it seems to me that there's
inflation for you. (Laughter.) But anyhow, I one place where you're not seeking that tool
mean, it might as well be 64. If you try to do at all, and that is the right of illegal
everything, perhaps you can't do anything immigrations, or whether -- to find out
well. It's pretty clear to me that there are whether illegal immigrants have guns,
some things that we might not do well, but particularly the people on your detainee list.
we better do well the job of preventing, as
well as possible the job of preventing Now, there was an article in the New
terrorism. York Times that said that the people in the
FBI want this power, want this ability, and
Now, I have some reticence about saying the Justice Department has overruled them. I
that because preventing terrorism is a very was troubled to read that when the FBI ran
difficult job. We witnessed this week the an initial check as to whether some of these
carnage in Israel. It's a society that has far detainees, 186 of them, had purchased guns,
fewer freedoms than we do and a far greater that two had. And when the ATF checked its
investment in terrorism protection and database, they found that 34 had purchased
prevention, and yet 25 innocents were guns. I don't have to tell you that for all
slaughtered in Israel this last week in illegal immigrants and for most legal
terrorist activities. So, it's with that in mind immigrants, they have no right to a gun. And
that I -- it is an awesome mandate to try and this would seem to somebody, to most with
focus our energy, and there may be some any knowledge of law enforcement, to be an
things we won't do as -- at the same level of important tool that you could use in helping
priority we did before because we make us safe.
understand that saving lives is the highest
priority. And so my questions are going to be all
about this, because I'm a little befuddled.
SEN. DEWINE: Thank you. You're looking for new tools in every
direction. I support most of those. But when
SEN. LEAHY: Thank you. Senator it comes to the area of even illegal
Schumer. immigrants getting guns and finding out if
they did, this administration becomes as
SEN. SCHUMER: Thank you, Mr. weak as a wet noodle. And the question is
Chairman. And thank you for holding these why, and how we can change that.
hearings. And I want to thank you, Mr.
Attorney General, for being here. And we So, I'd like to ask you a few questions
understand the large job you have ahead of about that. I would note that most people
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
read the law to allow you to do this right disagree with you. But let's just assume
now. In the Federal Register of November that's the case. Why didn't you ask us for,
25th, 1998, it says, routine use C -- C is the when you asked us for a whole lot of things
category that deals with -- provides the in the anti-terrorism bill, a whole lot of
necessary authority for further coordination different things that you said new
among law enforcement agencies for the circumstances required us to need? A, why
purpose of investigating, prosecuting and/or didn't you ask us for that authority, if you
enforcing violations of criminal or civil law, believe you don't have it, which most people
or regulation that may come to light during do? And B, would you support legislation
NICS, during NICS operations. That seems that I will drop in tomorrow to give you that
pretty clear. authority?
And so I just want to ask you a couple of ATTY GEN. ASHCROFT: Well, I
questions about that. The first is, do you would be very pleased if you would send me
believe that you do not have the right right legislation. I'll review it. If Congress passes
now to ask for checks? We ask for checks of a law to help us fight terrorism by keeping
these illegal immigrants' immigration status, guns out of the hands of illegal aliens and
and we look if they violated other laws. Do other individuals that should not have guns
you believe you don't have the right to ask, in their possession, I will fight to sustain the
to check whether they have purchased a gun law, and I will enforce the law.
illegally?
SEN. SCHUMER: In all due respect, sir,
ATTY GEN. ASHCROFT: I believe I I'm asking you a slightly different question -
could ask an immigrant whether or not he or - two slightly different questions. Number
she has purchased a gun illegally. I don't one, why wasn't this asked for in the
think there's any problem with me asking counter-terrorism bill, a bill I supported? In
any citizen, whether or not they've fact, I took your side against my chairman
purchased a gun illegally, or an permanent on some of the issues there. Why didn't we
resident alien, or an illegal alien. ask for it then if it was at least ambiguous?
And B, why not support it right now? I
SEN. SCHUMER: Do you believe -- appreciate the fact that you would review it
then if you could do that, is there anything if I sent it to you, but let's assume that it's
wrong with checking the database you now very simple legislation that simply allows
have, the NICS system to see if they've done NICS checks of illegal immigrants, of those,
it, to see if they're telling the truth? for instance, that you have detained? Why
can't you just tell us right now that you
ATTY GEN. ASHCROFT: It's my belief would support such legislation? It seems
that the United States Congress specifically perfectly logical to do. It seems, as you said,
outlaws and bans the use of the NICS -- and I agree with you, that illegal immigrants
NICS database, and that's the use of here don't have more rights or even the same
approved purchase records for weapons rights as American citizens. Why couldn't
checks on possible terrorist or anyone else. we just make that simple proposition and
That the -- solve this problem right now? Because, at
least according to the New York Times, and
SEN. SCHUMER: I would say most, in I realize the difficulty in dealing with
all due respect, Mr. Attorney General, most unnamed sources, there are large numbers of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
people in your own FBI who believe that that you want me to enforce some laws and
would be a very important power for them to not other laws, and you want me to ignore
have. So, again, would you be willing to laws, or respect some rights and not other
support such legislation, or the concept? I'm rights. I'm very pleased to tell you that if
not saying we could draft it together. you send me the legislation I'll review it, and
if you pass the legislation, I'll enforce it.
ATTY GEN. ASHCROFT: I will say
again to you that I don't want to make a SEN. SCHUMER: Thank you, Mr.
commitment to legislation without seeing it. Chairman.
If you will send me legislation like that, I
will review it. And I would, upon passage by SEN. HATCH: Mr. Chairman, if I could
the Congress of the United States, enforce it just make one comment. As one of the
vigorously. authors of the NICS legislation, which
everybody admits has worked very well, one
SEN. SCHUMER: (Inaudible) -- of the biggest parts of the debate was
whether or not you could disclose matters in
ATTY GEN. ASHCROFT: (Inaudible) -- NICS because -- because on side felt that if
you did it would be wrong; the other side
SEN. SCHUMER: I'm sorry, please -- thought if you did it would be wrong. And it
got into a big mish-mash there, and so that's
ATTY GEN. ASHCROFT: The only why the legislation turned out the way it is.
recognized use of -- use now of approved But, I'll be interested in whatever the senator
purchaser records is limited to an auditing suggests.
function. And I believe that my
responsibility, which was rather forcefully ATTY GEN. ASHCROFT: My staff has
provided as sort of a -- to me an admonition added a piece of information here that may
as I took this job and took the oath of office, or may not be of interest. Approved
is to enforce the law. And I believe that the purchaser records are those that are denied
law prohibits, in its current state, any other use in the law.
use of approved purchaser records. That's a
subcategory of data used by the FBI. So, if SEN. HATCH: Right.
you will send me legislation, I'll review it.
And we can confer about it. ATTY GEN. ASHCROFT: Denied
purchaser records can be used and are being
SEN. SCHUMER: But you're certainly used. So there's a difference. The law is as
allowed to use the system, because these the Congress wrote it, and I intend to
people don't have the right to have a gun. enforce the law as it has been written and
signed by the president.
ATTY GEN. ASHCROFT: I believe that
the United States Congress, in enacting the SEN. HATCH: We wrote it that way
law which created this database, limits the because we had to. It was the only way we
lawful use of this database. And I believe could pass it.
that it is my responsibility to live within the
law. I don't want to hear two messages from SEN. SCHUMER: Mr. Chairman, if you
this committee -- not both in the same day, don't run the checks, you're not going to
or not on a variety of different days -- not know who should be denied.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Constitution of the United States and is
ATTY GEN. ASHCROFT: I don't think lawful.
we're -- we are ships passing in the night, or
maybe I'm a rowboat passing you as a ship, SEN. SESSIONS: I think that's
whatever it is here. I don't mean to -- important, Mr. Chairman. And I know a lot
of people on our committee and others
SEN. SCHUMER: I hope we can be around the country are saying they have
rowing in the same direction on this issue. concerns. Well, when this all came up, I
could see people having concerns. But after
ATTY GEN. ASHCROFT: All right, we've had some time here to look at it, I
we'll work on it. think, in my opinion as a federal prosecutor
of 15 years, and just as a person who can
SEN. SCHUMER: Okay. Thank you, read plain language and cases, we're looking
Mr. Chairman. at a circumstance where no laws of this
country are being violated; no precedent, no
SEN. LEAHY: Thank you. The senator historical rights that we've come to be
from Alabama. known have been violated by what you've
done. And I think we ought to recognize
SEN. SESSIONS: Attorney General that.
Ashcroft, congratulations to you and your
staff for the extraordinary effort, including If anybody has a specific, explicit
the FBI, Immigration and all the agencies example of an action that's in violation of
that you've marshaled and invigorated to do law, let's have them say it. Just saying
everything possible to protect the people of concerns is not enough. And to use
America from further attacks. I think it's got irresponsible and reckless language, I think,
to be concluded that the things you have accusing the Department of Justice
done have helped prevent further attacks. I prematurely, perhaps without full study, of
think few of us, after September 11th, violating the law and the Constitution, as
thought we would be this far along without some have had, I think does have the
additional attacks. So some things you're tendency to erode unity in the country and
doing are working. undermine respect for our leadership in a
time of war. And that just ought to be
Now, we've had a lot of criticisms and carefully done.
suggestions and explicit condemnations of
actions, saying that they violate laws of the So I would just note that Senator
United States or the Constitution of the Schumer had an excellent hearing earlier
United States. Let me simply ask you this week. We had some of the nation's
directly -- and that same question I asked foremost experts on military commissions
Mr. Chertoff -- is there anything that you and professors. We had two well-known
have done and the Department of Justice has Democratic/liberal professors in Cass
promulgated that you believe violates the Sunstein and Laurence Tribe, among others,
Constitution or any statutes of the United who I believe quite clearly indicated their
States in your effort to fight terrorism? firm belief that the commissions are legal.
Cass Sunstein indicated the only question is
ATTY GEN. ASHCROFT: I believe that how they would be conducted. I think that's
every action we've taken is authorized by the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
a real final, I would say, affirmation of the to be without reason. And the Weatherford
legality of what you're doing here. (sp) case is our guide.
One of the questions that I was SEN. SESSIONS: Well, I remember

somewhat troubled about when I first heard Justice Goldberg made the comment once
it, as a lawyer and as a prosecutor who that the Constitution is not a suicide pact. I
knows the delicacy of lawyer-client don't think we are required to assume that
privilege, was the suggestion that you would we're prohibited from doing things that are
monitor communications between lawyers legitimate under the circumstances. And I
and clients. That was blown up in the believe, from my experience as a prosecutor
newspapers in a way that caused me -- I know in my experience dealing with
concern. But as I have understood that, at drug dealers and Mafia people that those
this point, you have concluded only 16 criminals have conducted criminal
people in the whole federal system might be enterprises from inside the jail. Isn't that true
subject to this monitoring. Is that correct? in your experience as a former attorney
general?
ATTY GEN. ASHCROFT: To be subject
to -- you have to be subject to special ATTY GEN. ASHCROFT: Yes, it is.
administrative measures and our population
measures. And our population of that SEN. SESSIONS: And it seems to me
category is now 16 out of 158,000 detainees that the mechanism you have devised is the
in the federal prison system. That's not in the way to do it. It provides for, Mr. Chairman,
INS system; federal prison system. an entirely independent group to monitor the
conversation, only after the jailed person
SEN. SESSIONS: It's very few, and and his lawyer have been told the
they're targeted in a way that I think is conversations will be monitored. They
rational. The Weatherford (sp) case that you would be required by law to not utilize that
cited, which I had not been familiar with, information unless they found within those
and put on the board, the Weatherford (sp) communications actions or comments that
case certainly suggests that the right to would further criminal attacks against the
attorney-client communication is not United States and that they would not be
absolute. given to the prosecutors who are prosecuting
the individual in jail for the criminal offense.
And the attorney general's manual, which Isn't that correct?
I had pulled, that Attorney General Janet
Reno has cited, provides circumstances, ATTY GEN. ASHCROFT: That's
very controlled and very carefully done, but correct.
it does provide circumstances, does it not,
for monitoring attorney-client -- seizing SEN. SESSIONS: And Mr. Attorney
attorney-client records and other things General, would you use your supervisory
under certain limited circumstances? power, such as it is, would you use your
power to prosecute criminals, if any of those
ATTY GEN. ASHCROFT: I'm not an people who monitored conversations
expert in the manual as promulgated by my breached that wall, as they were ordered to
predecessor, but we do not believe the right do?
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
ATTY GEN. ASHCROFT: I would take On November 10th, before the United
-- I would prosecute to the fullest, both with Nations General Assembly, President Bush
disciplinary action and legal action, those said, quote, "We have a responsibility to
who would abuse this responsibility and deny weapons to terrorists and to actively
trust. prevent private citizens from providing
them," end of quote. I think the president
SEN. SESSIONS: Mr. Chairman, I was right. Do you agree with his premise?
would just conclude with the words of
Justice Jackson, who discussed in the ATTY GEN. ASHCROFT: I think we do
Nuremberg military commission trials -- he have a responsibility to deny weapons to
said this. We're going to be judged not so terrorists.
much on the procedures we set forth -- those
are my words. I think you'll be judged and SEN. DURBIN: I also believe that you
the administration and the president will be were correct earlier in your statement when
judged not just on the procedures and words you said that we need to focus on
used to set up these commissions, but on prevention, not just protection. And the
whether justice is done. reason I raise that is that -- let me give you a
few examples of things that I think we could
He said this: "We must never forget that do to deny weapons to terrorists and to
the record on which we judge these prevent terrorist activity, as opposed to just
defendants is the record on which history prosecuting those who have committed these
will judge us tomorrow. To pass these heinous crimes.
defendants a poisoned chalice is to put it to
our lips as well. We must summon such Last year, Conor Claxton, who was
detachment and intelligence, integrity to our accused of being a member of the Irish
task, that this trial will commend itself to Republican Army, testified that he had
posterity as fulfilling humanity's aspirations purchased firearms at gun shows in South
to do justice." Florida to smuggle back to Northern Ireland.
On September 10th, the day before the
I think that's our challenge, to make sure attack at the World Trade Center, Mohamed
that when this is over, that occurs. And I am and Ali Boumelhem, members of Hezbollah,
encouraged by the fact that the president of were convicted on charges of conspiring to
the United States has taken this burden upon smuggle guns and ammunition to Hezbollah.
himself personally, to guarantee this. And The FBI had observed these two individuals
history will hold him to account if they're buying weapons at gun shows in Michigan.
not fair.
On October 30th, long after September
Thank you. 11th, when we were clearly doing
everything we could to stop this kind of
SEN. LEAHY: Senator Durbin. activity, Muhammad Navad Aswar (ph), a
Pakistani, pleaded guilty to immigration
SEN. DURBIN: Thank you, Mr. violations and illegally possessing a firearm.
Chairman. And Mr. Attorney General, thank Mr. Aswar (ph) bought his firearm at gun
you for joining us today and taking our shows in Michigan.
questions.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
You passed out -- someone did on your
behalf -- this al Qaeda manual, which you The bottom-line question is this.
showed us earlier. And I had a chance to just Following Mr. Schumer, can we expect this
glance through it very quickly. Here's their administration to come forward, proactively
advice to their operatives in terrorist cells rather than reactively, to deal with this
around the world. "In buying guns, don't proliferation of guns to the hands of
lengthen the time spent with the seller. It's terrorists and would-be terrorists that clearly
important to depart immediately after threaten Americans and may threaten our
purchasing the weapons," the quote that was men and women in uniform overseas?
given you earlier from another training
manual that was disclosed in Kabul. ATTY GEN. ASHCROFT: Obviously
the balancing of the rights of individuals is
This is advice to terrorists. "In countries the responsibility of the development of
like the United States, it's perfectly legal for policy. I've indicated to Senator Schumer
members of the public to own certain types that I agree that illegal aliens should not be
of firearms. If you live in such a country, armed and that I would be very pleased to
obtain an assault rifle legally, preferably an consider proposed legislation that would
AK-47 or variations. Learn how to use it enhance our security by making it clear that
properly, and go and practice in the areas they're not to be armed.
allowed for such training."
In all of the efforts of the al Qaeda
Mr. Attorney General, many of us operation, they look for avenues of freedom
supported your request for additional which they can then exploit. They look at
authority to fight terrorism, despite criticism our judicial system and seek to exploit it.
from the left and from others that we were They look at freedom of speech and seek to
invading the rights in the Bill of Rights. We exploit that. And we always have to balance
believe that you and the president and very carefully, when we legislate, to curtail
America needed the tools to fight terrorism. their activities in ways that respect the
freedoms, understanding the value of the
My question to you follows on earlier freedoms, but also understanding the
questions by my colleagues. Why is it, when vulnerability that may come if there are
it gets to the Second Amendment, when it those who seek to abuse them.
gets to this question of purchasing firearms,
particularly by illegal immigrants who are SEN. DURBIN: May I ask you this --
here in the United States, who have
connections with terrorism, that there's such ATTY GEN. ASHCROFT: It's with that
a blind eye from the Department of Justice? in mind that I am willing to review
legislation that you would send me in this
The president said about military respect.
tribunals -- he reminded us we must not let
foreign enemies use the forums of liberty to SEN. DURBIN: Would you agree, then,
destroy liberty itself. Couldn't the same be that illegal immigrants to this country and
said about some of our rights under the Bill would-be terrorists should not be able to buy
of Rights? Should we let our foreign guns at gun shows and ship them back to
enemies use the rights of Americans to bear their terrorist organizations overseas or use
arms to attack and destroy liberty itself?
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
them in some conspiracy or plot in the
United States? Would you agree with that? SEN. DURBIN: That's such a small part
of the problem. If we are going to deal with
ATTY GEN. ASHCROFT: Well, the the whole problem and give you the
Brady law currently prohibits illegal aliens, authority to deal with it effectively, I hope
felons and terrorists from buying guns. So the administration will be as forthcoming
I'd agree with that. I will enforce that, to the when it comes to the Second Amendment as
extent that I -- whenever we come upon they have on other amendments -- have an
those -- open mind on finding ways to make
America safer. I believe you are dedicated to
SEN. DURBIN: But what about the gun that. I think the president is by his very
shows? words. But if we can cooperate, put
something in place to keep these guns out of
ATTY GEN. ASHCROFT: You just the hands of terrorists at gun shows, I think
cited for me the fact that illegal aliens were it will make America safer. Thank you.
being prosecuted by the Justice Department
for possessing such weapons. And -- ATTY GEN. ASHCROFT: I'd be happy
to confer with you.
SEN. DURBIN: But how many have we
missed? SEN. LEAHY: Thank you. Thank you,
Senator Durbin.
ATTY GEN. ASHCROFT: Well, I can't
tell you how many we've missed. Senator McConnell, who has been very
patient.
SEN. DURBIN: Because we don't check
their backgrounds at gun shows, Mr. SEN. MCCONNELL: Thank you, Mr.
Attorney General. That's the whole point of Chairman. When you are the last man you
changing the law. That's why we need your have no choice but to be patient. Coming
help and the support of the administration. back on this committee after all these years
We have worked with you to give you more as the least senior member reminds me that
powers to deal with terrorism. Isn't this an when you get down to the end of the table,
important weapon for you to have to fight everything has been said, but not everyone
terrorists who are buying guns at gun has yet said it. (Laughter.) I -- in listening to
shows? my colleagues, Mr. Attorney General, the
first thing I want to do is congratulate you.
ATTY GEN. ASHCROFT: You know, We are exceedingly proud of you as a
the gun shows provide a basis for the sale of former member of this body for the truly
guns by individuals -- not so much at the outstanding job that you are doing -- were
gun show, but frequently contacts are made doing before 9-11, but particularly since 9-
there that are subsequently involved in 11. The best evidence it seems to me that
private treaties over the sale of guns. you have won already the public discussion
Federally licensed gun dealers selling guns over military commissions is that this
at gun shows are subject to the Brady law, hearing seems to become a hearing about
and the Brady law does prohibit all felons, gun control. Obviously many of our friends
including terrorists and illegal aliens, from on the other side feel that the military
purchasing guns. commission argument has largely been lost.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
But at the risk of bringing up an argument president signed into law. He has another
that we have already essentially won -- responsibility when he is conducting a war.
because I think you are absolutely right on That is to make the world -- make sure that
this, right on the Constitution, right on the world does not commit war crimes
(society ?) and right on the necessity of against the citizens of the United States. And
having military commissions available to the in resolving each of those issues, it's
president during the prosecution of this war. important for him to protect the national
I think you have won that argument. interests at the highest level possible.
But I do want to, even though it's been Now, because the constitutional founders
won, make my one question on that subject. didn't expect us to have war conducted by
On Tuesday, one of the members of this committee, they vest in the president of the
committee asked whether a trial by court United States very substantial powers, and
martial rather than a military commission focus those powers in him for the conduct of
would work for war criminals. Like you, I the war, and that includes the creation of
think there would be operational problems war crimes commissions.
with using courts martial rather than military
commissions in these kinds of The president of the United States, while
circumstances. For example, I don't think we he is obviously interested in protecting the
should have to perfectly establish the chain national interests, and intends to do so
of custody of evidence that our armed forces vigorously, is committed to full and fair
came across on some Afghan battlefield or hearings. And I think as Senator Sessions
in a cave. But aside from the operational has indicated, the world will judge us based
problem inherent in using a trial by courts on whether or not we have full and fair
martial for foreign war criminals, do you hearings. But let us never forget that the
think it would be perverse really to give war world also understood and understands the
criminals all the privileges and procedures nature of the war crimes perpetrated, and
that we give to American citizen soldiers also understands that there are conditions
under the United States Code of Military during the time of war which might mean
Justice, when our soldiers are not war that it is inappropriate to have certain
criminals? This would also send a perverse procedures which might reveal or place in
message to foreign war criminals: Go ahead jeopardy the interests of the United States,
and commit war crimes, and you'll be about our tactics, about our troops, about our
treated just like an American soldier who positions or even vulnerabilities which we
does not commit war crimes. Would not might have that might be disclosed. So there
treating foreign unlawful combatants just is clearly a need to tailor the proceedings --
like American lawful combatants remove a not to avoid fairness or fullness of
distinction -- a disincentive for committing opportunity, but to make sure that the
war crimes? interests of the United States are protected.
It is in that respect that I think we have to --
ATTY GEN. ASHCROFT: I thank the we should make it clear that we are not
senator. I believe the president has two going to allow war criminals to try to exploit
responsibilities. One is to see to it that his the justice system of the United States so as
Justice Department vigorously prosecutes to perpetrate an attack upon the United
laws that are passed -- enacted by the Senate States designed to destroy that justice
and House and in conjunction with what the system, whether that justice system be in the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
criminal justice system or the Uniform Code you for your patience and testimony today.
of Military Justice. Hopefully I can bring up a few subjects that
haven't been discussed, and appreciate your
For that reason, I think the president help in getting through a few questions, if
assigned the responsibility to the secretary we could.
of Defense that he create a system attentive
to these principles that was full and fair, but Obviously the cumulative nature of the
was designed to protect the United States of department's actions over the past few
America. And I hope that the system also months -- the expansion and the
signals unmistakably to the world that eavesdropping authority in the terrorism bill,
innocent lives are not to be destroyed by war the expansion of use of e-mail searching,
criminals, and such activity will not go with technologies like Carnivore; the
unnoticed or uncompensated or unresponded compilation of data bases on Arab
to by the United States. Americans; and just this week a request
made to the Intelligence Committee to
SEN. MCCONNELL: Again, Mr. broaden the FISA wiretap authority even
Attorney General, I want to congratulate further -- brings a lot of questions in
you. I think you have won the public America that maybe we may just be going
discussion on military commissions. You too far too fast. And given that, I guess my
have done it in an outstanding way, and we first question is -- and given that really the
thank you very much for being here today. safeguards and judicial review that have
been in place before on some of these
SEN. LEAHY: Mr. Attorney General, I wiretap and eavesdropping measures are
think everybody would assume that we have being eased -- what do you really -- should
demonstrated very much to the world that be the process of oversight? And to be
we do not take lightly these attacks on our specific, if I could, if we are expanding the
soil. All you have to do is turn on the watching capacities of the FBI and the
evening news and sees the tens of billions of Justice Department, who should be watching
dollars of effort -- bombs being dropped, our the watchers in our oversight?
special forces, Marines even giving up their
lives to carry that out. We also want to ATTY GEN. ASHCROFT: You remind
demonstrate to the American people at the me of a spate of cartoons that has appeared
same time that we also have an equal in the last week, and it's generally a kid
commitment to preserving those liberties sitting on Santa's knee, and Santa saying, "I
that have made us free. know when you've been sleeping, I know
when you've been awake, I know when
ATTY GEN. ASHCROFT: We could not you've been bad or good" -- and the kid
agree more profoundly on that, Mr. looks up and says, "Who are you, John
Chairman. Ashcroft?" (Laughter.)
SEN. LEAHY: I understand. SEN. CANTWELL: I'm not sure

everybody in America is laughing at that.
Senator Cantwell.
ATTY GEN. ASHCROFT: Well, let me
SEN. CANTWELL: Thank you, Mr. apologize if that's offensive to you.
Chairman. And, General Ashcroft, thank
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I don't take it lightly. I have -- I do know you to know voting for that legislation,
that the things that I do are serious, although giving my constituents the assurance that we
I try not to take myself too seriously. were going to monitor carefully and have
oversight -- I am asking you know if the
I think this committee is a valuable -- has Department of Justice will meet with
a valuable and an appropriate oversight Congress on a regular basis -- maybe four
responsibility. That's why I was eager to times a year, in closed-door session if
respond to the committee. I volunteered to necessary -- and provide information to us
come in on Thursday of last week, and was on the usage of Carnivore and Magic
told that Thursday would be an Lantern as eavesdropping on electronic mail,
inappropriate day last week. So I am here that I think America is concerned about.
this week.
ATTY GEN. ASHCROFT: I need to try
I don't take lightly your responsibility, to clarify something. Carnivore was a
and I don't take lightly the responsibilities proposal which has been very significantly
that we have to enforce the law. But neither adjusted to meet a number of concerns
do I take lightly the responsibility we have expressed I think by the people who have
to safeguard the liberty of individuals. That's dealt with you, and I have dealt with, and I
why when we want additional authority, and dealt with when I was in the Senate. And it
when we want and we seek additional is now with those adjustments been referred
authority, we don't take it lightly. An to by a different name, DCS 1000 I believe
authority that we do not have, we come and is the name of it.
ask this Congress for and work with them
on. I am interested in working with the
Congress to make sure that that law is
The Intelligence Committee has recently appropriately -- that capability is
sought to make four adjustments in the law. appropriately deployed and respectfully
Two of them are really the corrections of deployed, and would be pleased to find a
what have to be viewed as almost way to do that, and will work with you to
typographical sorts of housekeeping things get that done.
that were with the U.S.A. Patriot Act, and
another two are minor adjustments that the SEN. CANTWELL: So you think
Intelligence Committee believes would be possibly meeting four times a year for
appropriate. But I fully agree, if you are reports on the usage of that technology? I
suggesting, that you have a solemn know that you mentioned earlier -- and I
responsibility to see to it that we don't go too know that sometimes headlines can be
far. And I think that is always an appropriate unfair, but and probably the category of
question, and it's a question that I never headlines that John Ashcroft would hate --
want to fail to ask myself. yesterday's ZDNet on-line publication had:
"Warning: We know what you are typing,
SEN. CANTWELL: Well, in following and so does the FBI." And the article goes
that line of questioning, particularly in the on to talk about how the expanded authority
areas and use of Carnivore and Magic under the Patriot could mean that the FBI
Lantern, which is technology that I believe would be using the Magic Lantern
that the FBI is using, and in our expansion in technology, which really creates a worm if
the anti-terrorism bill. I mean, I just want you will on an e-mail, so that the suspect
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
who may be your target then sends an e-mail administration the devotion of the
to another individual, thereby sending this appropriate resources to provide us with not
worm and virus, and then leaving them open only a secure border, but with a border that
to having their keystrokes monitored. And I gives us the facility and flow necessary to
think in the interest of not wanting to have keep commerce going, and the valuable
more headlines like this, if we can work trade between our countries. I was in Detroit
more closely together to understand how this and Ottawa both this week earlier, and we
technology is used, and making sure that have about $ 1.3 billion a day that crosses
Americans' e-mails under this broad our borders in trade between the United
expansion of powers to catch terrorists aren't States and Canada. About one out of every
being overly used in invading U.S. citizens' five dollars of trade the United States does
rights to communicate electronically. anywhere in the world is with Canada. And
if we don't have the capacity to move that
ATTY GEN. ASHCROFT: I welcome trade expeditiously, we hurt ourselves
the opportunity for the department to work economically very badly. That's the basis for
with you toward these objectives. our effort to provide additional cooperation.
And this president has instructed me in the
SEN. CANTWELL: Thank you. And, if I homeland defense and security arena to
could, I'd appreciate your signing of the work with the Canadians to the advantage of
U.S.-Canadian agreement on cooperation on both of our countries, and I'll try to work
immigration and asylum. Obviously we are with you in the same respect.
in the last days here working very diligently
on the northern border issues. And one of SEN. CANTWELL: And I know my
the concerns that we have -- in the anti- time has expired, Mr. Chairman, but if I
terrorism bill we authorized the tripling of would I think I will submit one last question
northern border inspectors, INS, Customs on the U.S.- Canadian agreement as it
agents. And yet in the supplemental that has relates to biometrics. There's a mention in
been submitted by the administration, there's there of agreement working with Canada on
very few dollars for those activities. So I am the permanent residency -- you know, green
asking whether you support the homeland card status -- and the use of biometrics. And
defense measures here in the Senate that I think what our language in the anti-
would appropriate dollars for that effort that terrorism bill envisioned is more working on
we did authorize in the Patriot Act. visas of people seeking to come into the
country on a temporary basis, and using
ATTY GEN. ASHCROFT: Senator, I some sort of biometrics standard there to
believe we need additional resources along positively identify people that we don't want
the northern border. We have about 5,500 into the country, as opposed to people who
miles of border with Canada. Even with the are working here on a permanent basis
assignment of National Guard troops to try having to submit when they actually already
to backfill some of the overstressed do for those green card standards. But I'll
individuals there, we are at a very low submit a question on that. Thank you.
number. In some respects we have less -- I
think it's about one person for every hundred ATTY GEN. ASHCROFT: Thank you.
miles, if we count the way the shift would
have to be so that people don't work full- SEN. LEAHY: The senator from North
time all the time. And I will urge upon the Carolina.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Number one, the order says that a person
SEN. EDWARDS: Thank you, Mr. who is subject to the order shall be detained.
Chairman. Good afternoon, Mr. Attorney And then goes on to say if that individual is
General. tried. So subject to the order, you shall be
detained if you are tried. So on the face of
ATTY GEN. ASHCROFT: Good the order, it would appear to allow unlimited
afternoon. detention without trial. First, can you tell us
today that that is not something that will
SEN. EDWARDS: Appreciate your happen under this order?
patience. I know this has been a long
hearing. We want very badly to make sure ATTY GEN. ASHCROFT: Senator, I
that you have the tools you need to protect believe -- and I am trying to recreate some
the American people, including new laws of this order in my mind -- but I believe that
and new measures. But while we are when you get to the trial part it talks about
protecting American lives we also need to "when tried." And I think that's the intent of
be certain that we protect American values the order.
and American principles. And it seems to
me that these times of crisis and times of SEN. EDWARDS: Well, I'm looking --
war are times when those principles and excuse me for interrupting you -- I'm
values are most at risk, when people get looking at the language right now. "If the
caught up in the passion of doing what's individual is tried" is the language of the
necessary under the circumstances. We have order, at least the language that I have in
seen in the past during World War II the front of me.
internment of over 100,000 Japanese
Americans by a great president. And I am ATTY GEN. ASHCROFT: I, I think
sure at that time that was a very popular there's another part of the order.
move. But it is not something I don't think
that we are very proud of today. And I am SEN. EDWARDS: Without getting
not suggesting that these military tribunals caught up on the semantics stuff, it is not --
are equivalent to that, but whatever we do I you do not intend to use this order to detain
want to make sure that your children and people and detain them for an unlimited
mine and our grandchildren will be proud of period of time without trial. Is that true?
what we have done.
ATTY GEN. ASHCROFT: I believe it's
And my concern about the whole issue of completely fair to say that.
military tribunals is not the notion of using
them. I can easily see that there would be SEN. EDWARDS: Okay. Second, there's
circumstances in which it would make sense a provision in the order that says, "The
to use them. My concern is that this president or the secretary of defense makes
directive, this order, is extraordinarily broad. the final decision." I believe you're familiar
And I want to ask you about three or four with that provision.
areas, if I can, to see if we can make sure
that some of the things that the order would On the face of the order, that would
appear to allow in fact are not something allow the president or the secretary of the
that you intended or intend to do. defense to in fact overturn an acquittal by a
tribunal. In other words, to come in after the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
case has been tried, there has been an war crimes commissions that are full and
acquittal, and the secretary of defense fair. Admission of such evidence would
decides, "We don't agree with that, we're have -- would be evidence of probative
going to overturn it," and in fact on the face value. There is a provision for the accused to
of the order, it would allow the secretary of be represented by counsel. The conviction
defense alone to impose the death penalty. and sentence would be upon two-third
majority vote.
What I want to know is, is that the intent
of the order, or can you tell us today that if SEN. EDWARDS: Mr. Attorney
in fact there is an acquittal at the tribunal General, excuse me for interrupting you, but
level, that that would not be overturned by the only thing I'm asking you about -- I'm
the secretary of defense? not asking you about any of those thing, I'm
only asking you about the burden of proof --
ATTY GEN. ASHCROFT: I believe it's are will you require, in order for somebody
a settled practice of war crime commissions to be convicted and the death penalty be
that you can't overturn a committal. I can -- I imposed against them, that the burden of
feel confident in telling you that's not the proof be more than just a preponderance of
intention -- the evidence?
SEN. EDWARDS: And that will not -- ATTY GEN. ASHCROFT: I think that's
that will not occur? an issue which is still to be determined. And
it would be beyond my power to speculate
ATTY GEN. ASHCROFT: I do not on that. The secretary of defense is
believe that to be intended by the order. formulating the procedures, and among
those procedures may be items like appeals
SEN. EDWARDS: Third, burden of procedures and other instructions to those
proof. There's nothing in -- nothing in the conducting the trials, but I cannot provide
order that deals with the issue of burden of further information than to say that at this
proof. That, on its face, would allow time.
someone to be convicted and in fact receive
the death penalty on a greater weight of the SEN. EDWARDS: Well, you are the
evidence standard, or a preponderance of the attorney general of the United States. You
evidence standard, 51 percent verses 49 are an experienced lawyer. I'm asking you
percent. Can you tell us that in order for whether you believe it is appropriate for
someone to be convicted under this order, somebody to be convicted and receive the
and for the death penalty to be imposed death penalty based on 51 percent of the
against them, that you will require a evidence? Do you or do you not? You, just
significantly higher burden of proof than you personally?
preponderance of the evidence or greater
weight of the evidence, which is only used ATTY GEN. ASHCROFT: I'm not going
in civil cases in this country? to try and -- to develop a set of rules or
regulations on that evidentiary standard or
ATTY GEN. ASHCROFT: I think it's other standards at this time. That's the
pretty clear that the president has asked the responsibility of the secretary of defense in
secretary of defense to develop a set of regard to this very serious matter. And I
regulations and procedures governing the would expect him to very carefully make
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
judgments in this arena. And I -- I SEN. EDWARDS: Do those -- excuse
personally am not -- have not given that the me, Mr. Attorney General -- do those allow
kind of thought at this moment to say what the death penalty?
exactly I would do were I to have the
responsibility, which I don't have. ATTY GEN. ASHCROFT: I don't know.
SEN. EDWARDS: Now, you just SEN. EDWARDS: I don't believe they
mentioned a provision in the order that says do. Let me ask you one last area -- the area
that the conviction can occur on a two-thirds and the whole question of appeals. We've
vote as opposed to a unanimous vote. Does seen, in our court system, which most of
that mean that under this order, if there's a believe is one of the best if not the best in
three person tribunal, that somebody could the world, over the last two decades people
be convicted, receive the death penalty, and who, based on later-found evidence, DNA
be executed based upon a 2-to-1 vote? evidence, for example, have absolutely been
found to -- it could not have been possible
ATTY GEN. ASHCROFT: I would that they committed the crime. The White
believe that this states a minimum standard House counsel has said that a challenge can
in its direction to the secretary of defense. I be made to the jurisdiction of the court.
means that two out of three of the triers of
fact have to come to a conclusion before a Now, you and I understand that the
sentence could be imposed. jurisdiction is very different than whether, in
fact, the person committed the crime,
SEN. EDWARD: Which means that if whether they're guilty, whether evidence
the tribunal is composed of three people, the should have been admitted that would have
case is presented, two of the three say that shown that the person couldn't have
the death penalty should be imposed, one committed the crime. All those issues that
says it should not, it could be imposed and go to the basic question, which I think most
the person could be executed. Is that what Americans are concerned about, about these
you're saying? kinds of issues, is did this person do it? Did
they in fact do what they've been accused of
ATTY GEN. ASHCROFT: If this were doing. Do you believe that there needs to be
to be -- if you're talking about a two-thirds a process that allows some appeal that looks
rule, and if that's the rule that eventually is at the fundamental question of how the trial
adopted by the secretary of defense, two out was conducted, whether evidence was
of three is two-thirds. And I agree with that. properly considered by the court, and
(Laughter.) whether, in fact, there's evidence that was
not considered by the court that would have
SEN. EDWARDS: All right. shown this person, in fact, did not do it, did
not commit this crime?
ATTY GEN. ASHCROFT: U.N.-
sponsored tribunals allow conviction on a ATTY GEN. ASHCROFT: In the
simple majority, like the ones at The Hague president's order to the secretary of defense
and the ones in -- that are litigating and to develop procedures here, I believe there is
adjudicating the atrocities against those in adequate latitude for the secretary of defense
Central Africa. to develop a potential and a framework for
appeals.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SEN. EDWARDS: Thank you, Mr.
SEN. EDWARDS: But isn't that Attorney General. Thank you, Mr.
something you believe should be done? Chairman.
ATTY GEN. ASHCROFT: I believe that SEN. LEAHY. Thank you. Thank you,
the president and the secretary of defense Senator Edwards. I think by hearing this
both, according to the order, constitute testimony, I think all the more reason
appellate authorities. And I think those guidelines should be set by the Congress for
appellate authorities are consistent with military tribunals, especially on the question
systems that -- that provide the kind of of preponderance of the evidence in the
justice that is likely -- less likely to have death penalty. But I think we can do that.
error. But I would suggest that Senator Hatch and I
and others at least have that discussion.
SEN. EDWARDS: But the president and
the secretary of defense are the people who SEN. HATCH: Can I make just one last
decided the prosecution should be brought in comment? I'd like to read on person's
the first case. Do you believe there needs to defense of the military tribunal system. And
be an objective third party that looks at the let me quote it.
trial, looks at the conviction, looks at the
imposition of the death penalty, if that in Quote, "It is of the utmost importance
fact has occurred, and looks at whether it that no information be permitted to reach the
should have happened? enemy on any of these matters: how the
terrorists were so swiftly apprehended,
ATTY GEN. ASHCROFT: The secretary colon, how our intelligence services are
of defense would have the authority to equipped to work against them, what
develop appellate procedures under the sources of information we have inside al
order, military order for the development of Qaeda, who are the witnesses against the
war commissions issued by the president. terrorists, how much we have learned about
And I believe that that authority is available al Qaeda, terrorist methods, plans, programs,
to him. And if he chooses to confer with me and the identity of other terrorists, and might
about that, I'll provide advice to him be or have been sent to this country, how
regarding appellate procedures. much we have learned about al Qaeda
weapons, intelligence methods, munitions
SEN. EDWARDS: Do you believe in plants, and morale. All of the testimony
fact there needs to be a review, an objective given at a trial bears to some degree upon
review by a third party? That's what I'm these matters. There is no satisfactory way
asking you. of censoring and editing this testimony for
the press without revealing by statement or
ATTY GEN. ASHCROFT: I'm going to significant omission the answers to many of
reserve my comments to provide advice to the questions which may now be puzzling
the president and the secretary of defense our enemies. We do not propose to tell our
regarding any questions they have for me enemies the answers to the questions which
regarding what should be or should not be are puzzling them. The only way not to tell
added in terms of procedures for this order. them is not to tell them. The American
people will not insist on acquiring
information which by the mere telling would
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
confer an untold advantage upon the General, I thank you. You've been here
enemy." for almost three hours. You've been patient.
You know there will be other questions that
Now, these are not -- unquote, by the will be asked for you. I appreciate your
way -- these are not my words. These are the comments earlier, that you were perfectly
words of Franklin Delano Roosevelt's willing and even eager to be here to testify. I
attorney general, Francis Biddle, in appreciate that. Those are the best tradition
announcing the military tribunal that FDR of oversight. I also -- we do appreciate the
constituted in connection with the Quirin fact that we are all united in wanting to
case. I've merely substituted al Qaeda for battle terrorists. We also want to make sure
Germany and the word terrorist for saboteur. all of us -- you, me and everybody else --
And the reason I read this is to provide some that we preserve our own liberties in doing
perspective. The issues we are confronting it. And with that, we thank you, and we
here are not new. The same issues that stand adjourned.
concern us today concerned our forefathers
during World War II, and the same END
reasoning that persuaded FDR to constitute a
military tribunal still ring true today.
So, if I could submit for the record the 7.M.1c A 1996 symposium on
full remarks of Attorney General Biddle, I military tribunals: Spencer J.
think it would be -- Crona and Neal A.
Richardson.
SEN. LEAHY: We will close with this,
just to note that you've raised that point, note http://www.law.uchicago.edu/tribunals/cron
that on that tribunal, nor was there, of a_rich.html In Reader II.
course, Congressional authorization. But I'd
also point out that history has now shown
the driving force behind that tribunal was to
cover up the mistakes of J. Edgar Hoover, at
a time when he was about to receive a medal 7.M.1d A 1996 symposium on
from --
military tribunals: Daniel M.
Filler
SEN. HATCH: I don't believe there was
congressional -- (inaudible) --
http://www.law.uchicago.edu/tribunals/cron
a_rich.html In Reader II.
SEN. LEAHY: -- from Congress -- and I
-- be that as it may, this was -- had there
been an open trial, you would have found
the evidence came from two of the saboteurs
who had to beg the FBI to arrest them. I
think we have a far different FBI today, far 7.M.1e A 1996 symposium on
better FBI today. I think that the attorney military tribunals: Robinson
general and Director Mueller deserve a lot O. Everett
of credit for that.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
http://www.law.uchicago.edu/tribunals/ever (d) Executive Order 12958, "Classified

ett.html In Reader II. National Security Information" (April 17,
1995, as amended, or any successor
Executive Order)
(e) Section 603 of title 10, United States

Code
7.W.2 The 21 March 2002 revised
rules for military tribunals: (f) DoD Directive 5025.1, "DoD
Directives System," current edition
http://www.defenselink.mil/news/Mar2002/
d20020321ord.pdf March 21, 2002
This Order implements policy, assigns

1. PURPOSE responsibilities, and prescribes procedures
under references (a) and (b) for trials before
Department of Defense military commissions of individuals subject
Military Commission Order to the President's Military Order. These
procedures shall be implemented and
No. 1 construed so as to ensure that any such
individual receives a full and fair trial before
1. PURPOSE a military commission, as required by the
President's Military Order. Unless otherwise
Department of Defense Military directed by the Secretary of Defense, and
Commission Order No. 1 except for supplemental procedures
established pursuant to the President's
SUBJECT: Military Order or this Order, the procedures
prescribed herein and no others shall govern
Procedures for Trials by Military such trials.
Commissions of Certain Non-United States
Citizens in the War Against Terrorism 2. ESTABLISHMENT OF MILITARY
COMMISSIONS
References:
In accordance with the President's
(a) United States Constitution, Article II, Military Order, the Secretary of Defense or a
section 2 designee
(b) Military Order of November 13, ("Appointing Authority") may issue

2001, "Detention, Treatment, and Trial of orders from time to time appointing one or
Certain Non-Citizens in the War Against more military commissions to try
Terrorism," 66 F.R. 57833 (Nov. 16, 2001) individuals subject to the President's
("President's Military Order") Military Order and appointing any other
personnel necessary to facilitate such trials.
(c) DoD 5200.2-R, "Personnel Security
Program," current edition 3. JURISDICTION
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
A. Over Persons proceedings and evidence taken in that case
shall be made known to that new member or
A military commission appointed under alternate member before the trial proceeds.
this Order ("Commission") shall have
jurisdiction over only an individual or (2) Number of Members
individuals ("the Accused") (1) subject to
the President's Military Order and (2) Each Commission shall consist of at least
alleged to have committed an offense in a three but no more than seven members, the
charge that has been referred to the number being determined by the Appointing
Commission by the Appointing Authority. Authority. For each such Commission, there
shall also be one or two alternate members,
B. Over Offenses the number being determined by the
Appointing Authority.
Commissions established hereunder shall
have jurisdiction over violations of the laws (3) Qualifications
of war and all other offenses triable by
military commission. Each member and alternate member shall
be a commissioned officer of the United
C. Maintaining Integrity of Commission States armed forces ("Military Officer"),
Proceedings including without limitation reserve
personnel on active duty, National Guard
The Commission may exercise personnel on active duty in Federal service,
jurisdiction over participants in its and retired personnel recalled to active duty.
proceedings as necessary to preserve the The Appointing Authority shall appoint
integrity and order of the proceedings. members and alternate members determined
to be competent to perform the duties
4. COMMISSION PERSONNEL involved. The Appointing Authority may
remove members and alternate members for
A. Members good cause.
(1) Appointment (4) Presiding Officer
The Appointing Authority shall appoint From among the members of each
the members and the alternate member or Commission, the Appointing Authority shall
members of each Commission. The alternate designate a Presiding Officer to preside over
member or members shall attend all sessions the proceedings of that Commission. The
of the Commission, but the absence of an Presiding Officer shall be a Military Officer
alternate member shall not preclude the who is a judge advocate of any United States
Commission from conducting proceedings. armed force.
In case of incapacity, resignation, or
removal of any member, an alternate (5) Duties of the Presiding Officer
member shall take the place of that member.
Any vacancy among the members or (a) The Presiding Officer shall admit or
alternate members occurring after a trial has exclude evidence at trial in accordance with
begun may be filled by the Appointing Section 6(D). The Presiding Officer shall
Authority, but the substance of all prior have authority to close proceedings or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
portions of proceedings in accordance with B. Prosecution
Section 6(B)(3) and for any other reason
necessary for the conduct of a full and fair C. Defense
trial.
(1) Office of the Chief Prosecutor
(b) The Presiding Officer shall ensure
that the discipline, dignity, and decorum of (2) Prosecutors and Assistant Prosecutors
the proceedings are maintained, shall
exercise control over the proceedings to The Chief Prosecutor shall be a judge
ensure proper implementation of the advocate of any United States armed force,
President's Military Order and this Order, shall supervise the overall prosecution
and shall have authority to act upon any efforts under the President's Military Order,
contempt or breach of Commission rules and and shall ensure proper management of
procedures. Any attorney authorized to personnel and resources. Consistent with
appear before a Commission who is any supplementary regulations or
thereafter found not to satisfy the instructions issued under Section 7(A), the
requirements for eligibility or who fails to Chief Prosecutor shall detail a Prosecutor
comply with laws, rules, regulations, or and, as appropriate, one or more Assistant
other orders applicable to the Commission Prosecutors to prepare charges and conduct
proceedings or any other individual who the prosecution for each case before a
violates such laws, rules, regulations, or Commission
orders may be disciplined as the Presiding
Officer deems appropriate, including but not ("Prosecution"). Prosecutors and
limited to revocation of eligibility to appear Assistant Prosecutors shall be (a) Military
before that Commission. The Appointing Officers who are judge advocates of any
Authority may further revoke that attorney's United States armed force, or (b) special
or any other person's eligibility to appear trial counsel of the Department of Justice
before any other Commission convened who may be made available by the Attorney
under this Order. General of the United States. The duties of
the Prosecution are:
(c) The Presiding Officer shall ensure the
expeditious conduct of the trial. In no (a) To prepare charges for approval and
circumstance shall accommodation of referral by the Appointing Authority;
counsel be allowed to delay proceedings
unreasonably. (b) To conduct the prosecution before the
Commission of all cases referred for trial;
(d) The Presiding Officer shall certify all and
interlocutory questions, the disposition of
which would effect a termination of (c) To represent the interests of the
proceedings with respect to a charge, for Prosecution in any review process.
decision by the Appointing Authority. The
Presiding Officer may certify other (1) Office of the Chief Defense Counsel
interlocutory questions to the Appointing
Authority as the Presiding Officer deems The Chief Defense Counsel shall be a
appropriate. judge advocate of any United States armed
force, shall supervise the overall defense
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
efforts under the President's Military Order,
shall ensure proper management of (b) The Accused may also retain the
personnel and resources, shall preclude services of a civilian attorney of the
conflicts of interest, and shall facilitate Accused's own choosing and at no expense
proper representation of all Accused. to the United States Government ("Civilian
Defense Counsel"), provided that attorney:
(2) Detailed Defense Counsel. (i) is a United States citizen; (ii) is admitted
to the practice of law in a State, district,
Consistent with any supplementary territory, or possession of the United States,
regulations or instructions issued under or before a Federal court; (iii) has not been
Section 7(A), the Chief Defense Counsel the subject of any sanction or disciplinary
shall detail one or more Military Officers action by any court, bar, or other competent
who are judge advocates of any United governmental authority for relevant
States armed force to conduct the defense misconduct; (iv) has been determined to be
for each case before a Commission eligible for access to information classified
("Detailed Defense Counsel"). The duties of at the level SECRET or higher under the
the Detailed Defense Counsel are: authority of and in accordance with the
procedures prescribed in reference (c); and
(a) To defend the Accused zealously
within the bounds of the law without regard (v) has signed a written agreement to
to personal opinion as to the guilt of the comply with all applicable regulations or
Accused; and instructions for counsel, including any rules
of court for conduct during the course of
(b) To represent the interests of the proceedings. Civilian attorneys may be
Accused in any review process as provided prequalified as members of the pool of
by this Order. available attorneys if, at the time of
application, they meet the relevant criteria,
(3) Choice of Counsel or they may be qualified on an ad hoc basis
after being requested by an Accused.
(a) The Accused may select a Military Representation by Civilian Defense Counsel
Officer who is a judge advocate of any will not relieve Detailed Defense Counsel of
United States armed force to replace the the duties specified in Section 4(C)(2). The
Accused's Detailed Defense Counsel, qualification of a Civilian Defense Counsel
provided that Military Officer has been does not guarantee that person's presence at
determined to be available in accordance closed Commission proceedings or that
with any applicable supplementary person's access to any information protected
regulations or instructions issued under under Section 6(D)(5).
Section 7(A). After such selection of a new
Detailed Defense Counsel, the original (4) Continuity of Representation
Detailed Defense Counsel will be relieved of
all duties with respect to that case. If The Accused must be represented at all
requested by the Accused, however, the relevant times by Detailed Defense Counsel.
Appointing Authority may allow the original Detailed Defense Counsel and Civilian
Detailed Defense Counsel to continue to Defense Counsel shall be herein referred to
assist in representation of the Accused as collectively as "Defense Counsel." The
another Detailed Defense Counsel. Accused and Defense Counsel shall be
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
herein referred to collectively as "the with Section 6(D)(5) and subject to Section
Defense." 9.
D. Other Personnel F. The Accused shall not be required to

testify during trial. A Commission shall
Other personnel, such as court reporters, draw no adverse inference from an
interpreters, security personnel, bailiffs, and Accused's decision not to testify. This
clerks may be detailed or employed by the subsection shall not preclude admission of
Appointing Authority, as necessary. evidence of prior statements or conduct of
the Accused.
5. PROCEDURES ACCORDED THE
ACCUSED G. If the Accused so elects, the Accused
may testify at trial on the Accused's own
The following procedures shall apply behalf and shall then be subject to cross-
with respect to the Accused: examination.
H. The Accused may obtain witnesses

A. The Prosecution shall furnish to the and documents for the Accused's defense, to
Accused, sufficiently in advance of trial to the extent necessary and reasonably
prepare a defense, a copy of the charges in available as determined by the Presiding
English and, if appropriate, in another Officer. Such access shall be consistent with
language that the Accused understands. the requirements of Section 6(D)(5) and
subject to Section 9. The Appointing
B. The Accused shall be presumed Authority shall order that such investigative
innocent until proven guilty. or other resources be made available to the
Defense as the Appointing Authority deems
C. A Commission member shall vote for necessary for a full and fair trial.
a finding of Guilty as to an offense if and
only if that member is convinced beyond a I. The Accused may have Defense
reasonable doubt, based on the evidence Counsel present evidence at trial in the
admitted at trial, that the Accused is guilty Accused's defense and cross-examine each
of the offense. witness presented by the Prosecution who
appears before the Commission.
D. At least one Detailed Defense
Counsel shall be made available to the J. The Prosecution shall ensure that the
Accused sufficiently in advance of trial to substance of the charges, the proceedings,
prepare a defense and until any findings and and any documentary evidence are provided
sentence become final in accordance with in English and, if appropriate, in another
Section 6(H)(2). language that the Accused understands. The
Appointing Authority may appoint one or
E. The Prosecution shall provide the more interpreters to assist the Defense, as
Defense with access to evidence the necessary.
Prosecution intends to introduce at trial and
with access to evidence known to the K. The Accused may be present at every
Prosecution that tends to exculpate the stage of the trial before the Commission,
Accused. Such access shall be consistent consistent with Section 6(B)(3), unless the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Accused engages in disruptive conduct that The Appointing Authority may approve
justifies exclusion by the Presiding Officer. and refer for trial any charge against an
Detailed Defense Counsel may not be individual or individuals within the
excluded from any trial proceeding or jurisdiction of a Commission in accordance
portion thereof. with Section 3(A) and alleging an offense
within the jurisdiction of a Commission in
L. Except by order of the Commission accordance with Section 3(B).
for good cause shown, the Prosecution shall
provide the Defense with access before (3) Notification of the Accused
sentencing proceedings to evidence the
Prosecution intends to present in such
proceedings. Such access shall be consistent The Prosecution shall provide copies of
with Section 6(D)(5) and subject to Section the charges approved by the Appointing
9. Authority to the Accused and Defense
Counsel. The Prosecution also shall submit
M. The Accused may make a statement the charges approved by the Appointing
during sentencing proceedings. Authority to the Presiding Officer of the
Commission to which they were referred.
N. The Accused may have Defense
Counsel submit evidence to the Commission (4) Plea Agreements
during sentencing proceedings.
The Accused, through Defense Counsel,
O. The Accused shall be afforded a trial and the Prosecution may submit for approval
open to the public (except proceedings to the Appointing Authority a plea
closed by the Presiding Officer), consistent agreement mandating a sentence limitation
with Section 6(B). or any other provision in exchange for an
agreement to plead guilty, or any other
P. The Accused shall not again be tried consideration. Any agreement to plead
by any Commission for a charge once a guilty must include a written stipulation of
Commission's finding on that charge fact, signed by the Accused, that confirms
becomes final in accordance with Section the guilt of the Accused and the voluntary
6(H)(2). and informed nature of the plea of guilty. If
the Appointing Authority approves the plea
6. CONDUCT OF THE TRIAL agreement, the Commission will, after
determining the voluntary and informed
A. Pretrial Procedures nature of the plea agreement, admit the plea
agreement and stipulation into evidence and
(1) Preparation of the Charges be bound to adjudge findings and a sentence
pursuant to that plea agreement.
The Prosecution shall prepare charges for
approval by the Appointing Authority, as (5) Issuance and Service of Process;
provided in Section 4(B)(2)(a). Obtaining Evidence
(2) Referral to the Commission The Commission shall have power to:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(a) Summon witnesses to attend trial and Order and this Order. Grounds for closure
testify; include the protection of information
classified or classifiable under reference (d);
(b) Administer oaths or affirmations to information protected by law or rule from
witnesses and other persons and to question unauthorized disclosure; the physical safety
witnesses; of participants in Commission proceedings,
including prospective witnesses; intelligence
(c) Require the production of documents and law enforcement sources, methods, or
and other evidentiary material; and activities; and other national security
interests. The Presiding Officer may decide
(d) Designate special commissioners to to close all or part of a proceeding on the
take evidence. Presiding Officer's own initiative or based
upon a presentation, including an ex parte,
The Presiding Officer shall exercise in camera presentation by either the
these powers on behalf of the Commission Prosecution or the Defense. A decision to
at the Presiding Officer's own initiative, or close a proceeding or portion thereof may
at the request of the Prosecution or the include a decision to exclude the Accused,
Defense, as necessary to ensure a full and Civilian Defense Counsel, or any other
fair trial in accordance with the President's person, but Detailed Defense Counsel may
Military Order and this Order. The not be excluded from any trial proceeding or
Commission shall issue its process in the portion thereof. Except with the prior
name of the Department of Defense over the authorization of the Presiding Officer and
signature of the Presiding Officer. Such subject to Section 9, Defense Counsel may
process shall be served as directed by the not disclose any information presented
Presiding Officer in a manner calculated to during a closed session to individuals
give reasonable notice to persons required to excluded from such proceeding or part
take action in accordance with that process. thereof. Open proceedings may include, at
the discretion of the Appointing Authority,
B. Duties of the Commission During attendance by the public and accredited
Trial press, and public release of transcripts at the
appropriate time. Proceedings should be
The Commission shall: open to the maximum extent practicable.
Photography, video, or audio broadcasting,
(1) Provide a full and fair trial. or recording of or at Commission
proceedings shall be prohibited, except
(2) Proceed impartially and photography, video, and audio recording by
expeditiously, strictly confining the the Commission pursuant to the direction of
proceedings to a full and fair trial of the the Presiding Officer as necessary for
charges, excluding irrelevant evidence, and preservation of the record of trial.
preventing any unnecessary interference or
delay. (4) Hold each session at such time and
place as may be directed by the Appointing
(3) Hold open proceedings except where Authority. Members of the Commission may
otherwise decided by the Appointing meet in closed conference at any time.
Authority or the Presiding Officer in
accordance with the President's Military
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(5) As soon as practicable at the shall be received if found to be admissible
conclusion of a trial, transmit an and not cumulative. The Commission may
authenticated copy of the record of trial to also summon and hear witnesses on its own
the Appointing Authority. initiative. The Commission may permit the
testimony of witnesses by telephone,
C. Oaths audiovisual means, or other means;
however, the Commission shall consider the
(1) Members of a Commission, all ability to test the veracity of that testimony
Prosecutors, all Defense Counsel, all court in evaluating the weight to be given to the
reporters, all security personnel, and all testimony of the witness.
interpreters shall take an oath to perform
their duties faithfully. (b) Testimony
(2) Each witness appearing before a Testimony of witnesses shall be given

Commission shall be examined under oath, under oath or affirmation. The Commission
as provided in Section 6(D)(2)(b). may still hear a witness who refuses to
swear an oath or make a solemn
(3) An oath includes an affirmation. Any undertaking; however, the Commission shall
formulation that appeals to the conscience of consider the refusal to swear an oath or give
the person to whom the oath is administered an affirmation in evaluating the weight to be
and that binds that person to speak the truth, given to the testimony of the witness.
or, in the case of one other than a witness,
properly to perform certain duties, is (c) Examination of Witnesses
sufficient.
A witness who testifies before the
D. Evidence Commission is subject to both direct
examination and crossexamination. The
(1) Admissibility Presiding Officer shall maintain order in the
proceedings and shall not permit badgering
Evidence shall be admitted if, in the of witnesses or questions that are not
opinion of the Presiding Officer (or instead, material to the issues before the
if any other member of the Commission so Commission. Members of the Commission
requests at the time the Presiding Officer may question witnesses at any time.
renders that opinion, the opinion of the
Commission rendered at that time by a (d) Protection of Witnesses
majority of the Commission), the evidence
would have probative value to a reasonable The Presiding Officer shall consider the
person. safety of witnesses and others, as well as the
safeguarding of Protected Information as
(2) Witnesses defined in Section 6(D)(5)(a), in
determining the appropriate methods of
(a) Production of Witnesses receiving testimony and evidence. The
Presiding Officer may hear any presentation
The Prosecution or the Defense may by the Prosecution or the Defense, including
request that the Commission hear the an ex parte, in camera presentation,
testimony of any person, and such testimony regarding the safety of potential witnesses
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
before determining the ways in which physical safety of participants in
witnesses and evidence will be protected. Commission proceedings, including
The Presiding Officer may authorize any prospective witnesses; (iv) information
methods appropriate for the protection of concerning intelligence and law enforcement
witnesses and evidence. Such methods may sources, methods, or activities; or (v)
include, but are not limited to: testimony by information concerning other national
telephone, audiovisual means, or other security interests. As soon as practicable,
electronic means; closure of the counsel for either side will notify the
proceedings; introduction of prepared Presiding Officer of any intent to offer
declassified summaries of evidence; and the evidence involving Protected Information.
use of pseudonyms.
(b) Limited Disclosure
(3) Other Evidence
The Presiding Officer, upon motion of
Subject to the requirements of Section the Prosecution or sua sponte, shall, as
6(D)(1) concerning admissibility, the necessary to protect the interests of the
Commission may consider any other United States and consistent with Section 9,
evidence including, but not limited to, direct (i) the deletion of specified items of
testimony from prior trials and proceedings, Protected Information from documents to be
sworn or unsworn written statements, made available to the the Accused, Detailed
physical evidence, or scientific or other Defense Counsel, or Civilian Defense
reports. Counsel; (ii) the substitution of a portion or
summary of the information for such
(4) Notice Protected Information; or (iii) the
substitution of a statement of the relevant
The Commission may, after affording the facts that the Protected Information would
Prosecution and the Defense an opportunity tend to prove. The Prosecution's motion and
to be heard, take conclusive notice of facts any materials submitted in support thereof or
that are not subject to reasonable dispute in response thereto shall, upon request of the
either because they are generally known or Prosecution, be considered by the Presiding
are capable of determination by resort to Officer ex parte, in camera, but no Protected
sources that cannot reasonably be contested. Information shall be admitted into evidence
for consideration by the Commission if not
(5) Protection of Information presented to Detailed Defense Counsel.
(a) Protective Order (c) Closure of Proceedings
The Presiding Officer may issue The Presiding Officer may direct the
protective orders as necessary to carry out closure of proceedings in accordance with
the Military Order and this Order, including Section 6(B)(3).
to safeguard "Protected Information," which
includes: (i) information classified or (d) Protected Information as Part of the
classifiable pursuant to reference (d); (ii) Record of Trial
information protected by law or rule from
unauthorized disclosure; (iii) information the All exhibits admitted as evidence but
disclosure of which may endanger the containing Protected Information shall be
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
sealed and annexed to the record of trial.
Additionally, any Protected Information not (4) The witnesses and other evidence for
admitted as evidence but reviewed in camera the Prosecution shall be heard or received.
and subsequently withheld from the Defense
over Defense objection shall, with the (5) The Defense may make an opening
associated motions and responses and any statement after the Prosecution's opening
materials submitted in support thereof, be statement or prior to presenting its case.
sealed and annexed to the record of trial as
additional exhibits. Such sealed material (6) The witnesses and other evidence for
shall be made available to reviewing the Defense shall be heard or received.
authorities in closed proceedings.
(7) Thereafter, the Prosecution and the
E. Proceedings During Trial Defense may introduce evidence in rebuttal
and surrebuttal.
The proceedings at each trial will be
conducted substantially as follows, unless (8) The Prosecution shall present
modified by the Presiding Officer to suit the argument to the Commission. Defense
particular circumstances: Counsel shall be permitted to present
argument in response, and then the
(1) Each charge will be read, or its Prosecution may reply in rebuttal.
substance communicated, in the presence of
the Accused and the Commission. (9) After the members of the
Commission deliberate and vote on findings
(2) The Presiding Officer shall ask each in closed conference, the Presiding Officer
Accused whether the Accused pleads shall announce the Commission's findings in
"Guilty" or "Not Guilty." Should the the presence of the Commission, the
Accused refuse to enter a plea, the Presiding Prosecution, the Accused, and Defense
Officer shall enter a plea of "Not Guilty" on Counsel. The individual votes of the
the Accused's behalf. If the plea to an members of the Commission shall not be
offense is "Guilty," the Presiding Officer disclosed.
shall enter a finding of Guilty on that
offense after conducting sufficient inquiry to (10) In the event a finding of Guilty is
form an opinion that the plea is voluntary entered for an offense, the Prosecution and
and informed. Any plea of Guilty that is not the Defense may present information to aid
determined to be voluntary and informed the Commission in determining an
shall be changed to a plea of Not Guilty. appropriate sentence. The Accused may
Plea proceedings shall then continue as to testify and shall be subject to
the remaining charges. If a plea of "Guilty" crossexamination regarding any such
is made on all charges, the Commission testimony.
shall proceed to sentencing proceedings; if
not, the Commission shall proceed to trial as (11) The Prosecution and, thereafter, the
to the charges for which a "Not Guilty" plea Defense shall present argument to the
has been entered. Commission regarding sentencing.
(3) The Prosecution shall make its (12) After the members of the
opening statement. Commission deliberate and vote on a
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
sentence in closed conference, the Presiding A Commission may (subject to rights of
Officer shall announce the Commission's third parties) order confiscation of any
sentence in the presence of the Commission, property of a convicted Accused, deprive
the Prosecution, the Accused, and Defense that Accused of any stolen property, or order
Counsel. The individual votes of the the delivery of such property to the United
members of the Commission shall not be States for disposition.
disclosed.
H. Post-Trial Procedures
F. Voting
(1) Record of Trial
Members of the Commission shall
deliberate and vote in closed conference. A Each Commission shall make a verbatim
Commission member shall vote for a finding transcript of its proceedings, apart from all
of Guilty as to an offense if and only if that Commission deliberations, and preserve all
member is convinced beyond a reasonable evidence admitted in the trial (including any
doubt, based on the evidence admitted at sentencing proceedings) of each case
trial, that the Accused is guilty of the brought before it, which shall constitute the
offense. An affirmative vote of two-thirds of record of trial. The court reporter shall
the members is required for a finding of prepare the official record of trial and
Guilty. When appropriate, the Commission submit it to the Presiding Officer for
may adjust a charged offense by exceptions authentication upon completion. The
and substitutions of language that do not Presiding Officer shall transmit the
substantially change the nature of the authenticated record of trial to the
offense or increase its seriousness, or it may Appointing Authority. If the Secretary of
vote to convict of a lesser-included offense. Defense is serving as the Appointing
An affirmative vote of two-thirds of the Authority, the record shall be transmitted to
members is required to determine a the Review Panel constituted under Section
sentence, except that a sentence of death 6(H)(4).
requires a unanimous, affirmative vote of all
of the members. Votes on findings and (2) Finality of Findings and Sentence
sentences shall be taken by secret, written
ballot. A Commission finding as to a charge and
any sentence of a Commission becomes
G. Sentence final when the President or, if designated by
the President, the Secretary of Defense
Upon conviction of an Accused, the makes a final decision thereon pursuant to
Commission shall impose a sentence that is Section 4(c)(8) of the President's Military
appropriate to the offense or offenses for Order and in accordance with Section
which there was a finding of Guilty, which 6(H)(6) of this Order. An authenticated
sentence may include death, imprisonment finding of Not Guilty as to a charge shall not
for life or for any lesser term, payment of a be changed to a finding of Guilty. Any
fine or restitution, or such other lawful sentence made final by action of the
punishment or condition of punishment as President or the Secretary of Defense shall
the Commission shall determine to be be carried out promptly. Adjudged
proper. Only a Commission of seven confinement shall begin immediately
members may sentence an Accused to death. following the trial.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
The Secretary of Defense shall review
(3) Review by the Appointing Authority the record of trial and the recommendation
of the Review Panel and either return the
If the Secretary of Defense is not the case for further proceedings or, unless
Appointing Authority, the Appointing making the final decision pursuant to a
Authority shall promptly perform an Presidential designation under Section
administrative review of the record of trial. 4(c)(8) of the President's Military Order,
If satisfied that the proceedings of the forward it to the President with a
Commission were administratively recommendation as to disposition.
complete, the Appointing Authority shall
transmit the record of trial to the Review (6) Final Decision
Panel constituted under Section 6(H)(4). If
not so satisfied, the Appointing Authority After review by the Secretary of
shall return the case for any necessary Defense, the record of trial and all
supplementary proceedings. recommendations will be forwarded to the
President for review and final decision
(4) Review Panel (unless the President has designated the
Secretary of Defense to perform this
The Secretary of Defense shall designate function). If the President has so designated
a Review Panel consisting of three Military the Secretary of Defense, the Secretary may
Officers, which may include civilians approve or disapprove findings or change a
commissioned pursuant to reference (e). At finding of Guilty to a finding of Guilty to a
least one member of each Review Panel lesser-included offense, or mitigate,
shall have experience as a judge. The commute, defer, or suspend the sentence
Review Panel shall review the record of trial imposed or any portion thereof. If the
and, in its discretion, any written Secretary of Defense is authorized to render
submissions from the Prosecution and the the final decision, the review of the
Defense and shall deliberate in closed Secretary of Defense under Section 6(H)(5)
conference. The Review Panel shall shall constitute the final decision.
disregard any variance from procedures
specified in this Order or elsewhere that 7. REGULATIONS
would not materially have affected the
outcome of the trial before the Commission. A. Supplementary Regulations and
Within thirty days after receipt of the record Instructions
of trial, the Review Panel shall either (a)
forward the case to the Secretary of Defense The Appointing Authority shall, subject
with a recommendation as to disposition, or to approval of the General Counsel of the
(b) return the case to the Appointing Department of Defense if the Appointing
Authority for further proceedings, provided Authority is not the Secretary of Defense,
that a majority of the Review Panel has publish such further regulations consistent
formed a definite and firm conviction that a with the President's Military Order and this
material error of law occurred. Order as are necessary or appropriate for the
conduct of proceedings by Commissions
(5) Review by the Secretary of Defense under the President's Military Order. The
General Counsel shall issue such
instructions consistent with the President's
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Military Order and this Order as the General captions in this document are for
Counsel deems necessary to facilitate the convenience only and shall not be used in
conduct of proceedings by such construing the requirements of this Order.
Commissions, including those governing the Failure to meet a time period specified in
establishment of Commission-related offices this Order, or supplementary regulations or
and performance evaluation and reporting instructions issued under Section 7(A), shall
relationships. In the event of any not create a right to relief for the Accused or
inconsistency between the President's any other person. Reference (f) shall not
Military Order and this Order, including any apply to this Order or any supplementary
supplementary regulations or instructions regulations or instructions issued under
issued under Section 7(A), the provisions of Section 7(A).
the President's Military Order shall govern.
In the event of any inconsistency between 11. AMENDMENT
this Order and any regulations or
instructions issued under Section 7(A), the The Secretary of Defense may amend
provisions of this Order shall govern. this Order from time to time.
8. AUTHORITY 12. DELEGATION
Nothing in this Order shall be construed The authority of the Secretary of Defense
to limit in any way the authority of the to make requests for assistance under
President as Commander in Chief of the Section 5 of the President's Military Order is
Armed Forces or the power of the President delegated to the General Counsel of the
to grant reprieves and pardons. Nothing in Department of Defense. The Executive
this Order shall affect the authority to Secretary of the Department of Defense
constitute military commissions for a shall provide such assistance to the General
purpose not governed by the President's Counsel as the General Counsel determines
Military Order. necessary for this purpose.
9. PROTECTION OF STATE SECRETS 13. EFFECTIVE DATE
Nothing in this Order shall be construed This Order is effective immediately.

to authorize disclosure of state secrets to any Donald H. Rumsfe Secretary of Defense
person not authorized to receive them.
DoD MCO No. 1, March 21, 2002
10. OTHER
This Order is not intended to and does

not create any right, benefit, or privilege,
substantive or procedural, enforceable by 7.F.3 Cato Institute on 21 March
any party, against the United States, its 2002 rules:
departments, agencies, or other entities, its
officers or employees, or any other person. http://www.cato.org/new/03-02/03-21-
No provision in this Order shall be 02r.html
construed to be a requirement of the United
States Constitution. Section and subsection
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
of powers, a centerpiece of our Constitution.
March 21, 2002 The executive branch sets the rules, then
prosecutes, and then has sole review
Bush's rules for military tribunals fail to authority--unchecked power in a single
address four important issues, says Cato branch of government.
scholar
WASHINGTON, D.C. -- Secretary of

Defense Donald Rumsfeld today will release 7.F.4 BBC on 21 March 2002 rules:
the administration's rules for military
tribunals, which may be used to prosecute http://news.bbc.co.uk/hi/english/world/ameri
combatants captured in the anti-terrorism cas/newsid_1886000/1886446.stm In
war in Afghanistan. Yesterday, President Reader II.
Bush said of the rules: "The world now will
begin to see what we meant by a fair system
... to bring people to justice." Robert A.
Levy, senior fellow in constitutional studies
at the Cato Institute, had the following 7.F.5 Secretary of Defense Donald
comments: Rumsfeld, briefing on the 21
March 2002 rules.
"The new regulations on military
tribunals are mostly good news, addressing http://www.defenselink.mil/news/Mar2002/t
many of the criticisms leveled by civil 03212002_t0321sd.html
libertarians. But the administration has not
been responsive in four key areas.
Updated: 21 Mar 2002
"First, tribunals should be convened only
outside of the United States. On U.S. soil, United States Department of Defense
our criminal courts are a perfectly News Transcript
acceptable venue.
On the web:
"Second, tribunals should be limited to http://www.defenselink.mil/news/Mar2002/t
prosecuting unlawful combatants, not 03212002_t0321sd.html
merely someone who may be tangentially
related to international terrorism. Media contact: media@defenselink.mil or ?
(703) 697-5131
"Third, tribunals should be Public contact: public@defenselink.mil or ?
congressionally authorized, not unilaterally (703) 428-0711
decreed by the executive branch.
Presenter: Secretary of Defense Donald H.
"Finally, verdicts should be appealable to Rumsfeld Thursday, March 21, 2002 -
our civilian courts, not only to a military 2:00 p.m. EST
review board.
DoD News Briefing on Military
"As it now stands, the Bush military
order shows too little respect for separation
Commissions
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(Also participating were Marine Corps Gen. hundreds more have been rounded up and
Peter Pace, vice chairman, Joint Chiefs of detained by coalition forces.
Staff; Under Secretary of Defense Douglas
Feith; and Department of Defense General This success has given us a glimpse into
Counsel William J. Haynes. The fact sheet the future we face. As the president noted in
distributed during the briefing is on the web his State of the Union address, we have
at found evidence, in caves and tunnels and
http://www.defenselink.mil/news/Mar2002/ safe houses in Afghanistan, of further
d20020321fact.pdf . The DoD Military terrorist plots to kill Americans and others,
Commission Order discussed during the as well as terrorist efforts to acquire
briefing is on the web at weapons of mass destruction, capabilities
http://www.defenselink.mil/news/Mar2002/ that, if they are successful, could help them
d20020321ord.pdf . Also see the related kill not thousands more but tens of
news release at thousands more.
http://www.defenselink.mil/news/Mar2002/
b03212002_bt140-02.html .) This is a dangerous and determined
adversary for whom September 11th was an
Q: You're on the wrong side. opening salvo in a long war against our
country, our people and our way of life. Our
Rumsfeld: I don't feel right over here. task, our purpose must be to stop the
(Laughter.) There's something wrong with terrorists; to find them, to root them out and
this picture. (At the podium.) get them off the street so that they cannot
murder more American citizens.
Q: (Off mike) -- on the left.
One of the tools at our disposal to meet
Rumsfeld: Good afternoon. that challenge is the use of military
commissions to try some of those who are
Q: Good afternoon. captured in the conflict. Today we are
announcing some of the procedures we plan
Rumsfeld: We were reminded last week, to use to carry out the president's military
as the coalition forces battled Taliban and al order. Before discussing them, I want to
Qaeda in the mountains, that we're still in mention some of the thinking that went into
the early stages of this dangerous and what their development.
promises to be long war. But while much of
the difficult work remains, thanks to the In the president's military order, he
courage and dedication of the soldiers and directed the Department of Defense to find
sailors and airmen and Marines, we've had ways to conduct commissions in a manner
some good success thus far. that would be consistent both with our
national security interests and with the
On September 11th, the terrorists traditions of fairness and justice under law,
attacked the United States, killing thousands on which this nation was founded, the very
of innocent men, women and children. Less principles that the terrorists seek to attack
than a month later, the coalition countries and destroy.
responded and the Taliban had been driven
from power. Hundreds of Taliban and al In the months since the president issued
Qaeda terrorists have been killed, and his order, we have consulted with a number
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
of experts from around the country, in and
out of government, in and out of So when people take note of the fact that
Washington, in an effort to come up with there are differences with respect to the
rules and procedures that will ensure just procedures for the military commissions,
outcomes while protecting the American they should understand that there is a reason
people from the dangers that are in fact for it. Those two systems have different
posed by terrorists. rules and procedures, yet each produces just
outcomes. It follows, therefore, that military
There's a powerful tension between commissions, which will have rules and
getting a story fast and getting a story right. procedures that are somewhat different from
That's a fact. You all know that. It's either of those two systems, can also
important, I believe, to try to balance those produce just outcomes, despite the
competing pressures. Often the pressures of differences. An observer who may be more
the moment for speed tend to overpower the familiar with the federal court system or the
desirability of getting it right. On and after military code of justice may try to evaluate
September 11th, in reporting the number of the new approach being fashioned for
people who were killed here at the Pentagon, military commissions against what they're
DoD was criticized for being too slow, but familiar with and then raise questions about
we got it right. With respect to the global the rules and procedures for the military
position device recently found in commissions. That's understandable.
Afghanistan, DoD got it fast, but we now
believe we got it wrong. On the But I want to be clear from the start. The
development of the rules for the military commissions are intended to be different,
commissions, DoD has been characterized and the reason is -- is because the president
by some as being slow. The fact is, I have recognized that there had to be differences
been determined to try to get it right. It is an to deal with the unusual situation we face
exceedingly important subject, and it's and that a different approach was needed for
important for our country that we do it right. that reason, just as was the case during
several previous conflicts in our country's
I've taken some time, first because I history.
wanted to do it well, but second because we
had the time available. No individual has yet Our second guiding principle is related.
been assigned to be tried by a military Observers may be inclined to examine each
commission. So despite the appetite for separate provision and compare it to what
speed, it was more important to do it well they know of the federal criminal court
than to do it fast. system or the court-martial system, and feel
that they might prefer a system that they
Our approach has been based on two were more comfortable with. I suggest that
important principles. First, the president no one provision should be evaluated in
decided to establish military commissions isolation from the others. If one steps back
because he wanted the option of a process from examining the procedures provision by
that is different from those processes which provision, and instead drops a plumb line
we already have, namely, the federal court down through the center of them all, we
system in the United States and the military believe that most people will find that taken
court system under the Uniform Code of together, they are fair and balanced and that
Military Justice. justice will be served in their application.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
to the unique circumstances for which they
The general counsel, Jim Haynes, who were established.
has spent an enormous amount of time on
this subject, and the undersecretary of For example, military commissions will
Defense for Policy -- and needless to say, allow the use of classified information
there's a mixture here of legal and political without endangering sources and methods.
policy questions -- are here. They will come In a civilian trial, prosecutors could be faced
up to the podium and respond to technical with a situation where in order to avoid
questions after General Pace and I depart. exposing classified information, they would
They'll review the procedures and answer have to either allow defendants to go free, or
questions. However, I do want to highlight accept a lighter sentence, a situation that
some of the main provisions. could be undesirable in the case of a
hardened Taliban or al Qaeda terrorist.
The accused will enjoy a presumption of
innocence; will not be required to testify or The procedures allow us to protect
incriminate themselves at the trial. They will civilian judges, juries, counsel and witnesses
have the ability to discover information and from ongoing terrorist threats. For example,
to obtain witnesses and evidence needed for the judge who handled the trial for the first
trial and be present at public trial. Cannot be World Trade Center attack is still under 24-
tried for the same offense twice. Will be hour protection by Federal Marshals, and
provided with military defense counsel at may be for the rest of his life. That is
government expense, and will also be able to unacceptable in the cases likely to be
hire defense counsel of their choosing at assigned to the commissions.
their expense.
And the procedures permit more
Further, proceedings will be open, unless inclusive rules of evidence. In wartime, it
the presiding officer determines it's may be difficult to locate witnesses or
necessary to close the proceedings to protect establish chains of custody for documents.
classified or sensitive information, or for Critical evidence that could protect the
another reason; namely, the safety of the American people from dangerous terrorists
trial participants. should not be excluded simply because it
was obtained under conditions of war.
The standard for conviction will be
"beyond a reasonable doubt" and will Let me conclude. We are a nation of
require a two-thirds vote of the commission. laws. We have been attacked by lawless
The imposition of a death penalty will terrorists. The manner in which we conduct
require a unanimous vote of the seven- trials under military commissions will speak
member commission. After the trial, there volumes about our character as a nation, just
will be an automatic post-trial process of as the manner in which we were attacked
appeal and review. speaks volumes about the character of our
adversaries. We have made every reasonable
Let there be no doubt, commissions will effort to establish a process that is just; one
conduct trials that are fair and impartial. At that protects both the rights of the defendant
the same time while ensuring just outcomes, to a fair trial, but also protects the rights of
the procedures are also designed to respond the American people to their security and to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
live as they were meant to live, in freedom, It is well-suited to protect not only the
and without free of terrorists. rights of the accused, but also, as the
secretary mentioned, the safety of the
I want to add a word of appreciation not participants in the trials, and also to protect
just to Jim Haynes, who will be up here in a our intelligence in the ongoing war on
moment, but to a number of non-Defense global terrorism.
Department individuals, most of them
former government officials or judicial And finally, and very importantly, I have
officials of various types, who have given a absolute faith in the men and women of our
great deal of time to provide advice as we armed forces who, when called upon to
worked through these many important participate in these commissions, will do
issues. their utmost to ensure a very fair, forthright,
honest trial.
(To staff) I believe we have their names
that are going to be passed out in the Thank you, sir.
materials?
Rumsfeld: On reflection, I would like to
Staff: Yes, sir. mention the names of the individuals who
helped out. They did it without
Rumsfeld: Good. compensation because of their patriotism:
Judge Griffin Bell, former attorney general;
After General Pace makes his remarks, the Honorable Bill Coleman, former
we will be happy to take one or two secretary of Transportation; the Honorable
questions, and then we're going to bring up Lloyd Cutler, former counselor with the
the experts. president -- two presidents; the Honorable
Mark Hoffman, who served as general
General Pete Pace, United States Marine counsel of the Department of Defense and
Corps. also secretary of the Army; Professor
Bernard Meltzer -- Dr. Meltzer is University
Pace: Thank you, sir. of Chicago law school and was involved in
the Nuremburg trials; the Honorable Newt
I am personally very comfortable with Minow, who was the -- President Kennedy's
these procedures. They are in fact fair, they chairman of the Federal Communications
are balanced, they are just. And I am also Commission; the Honorable Terry
very proud of the process that we went O'Donnell, who's a former Department of
through to get to these procedures. I Defense general counsel; Judge William
personally sat in on hours and hours of Webster, former federal judge, former
deliberations with the secretary and his director of CIA and FBI; and Professor Ruth
team, both from inside the Pentagon and, as Wedgwood of Yale University and Johns
he mentioned, experts from outside, and Hopkins University. As I say, they didn't --
certainly experts from outside of they don't -- none of them work for this
government who were advising him, and the department; they just volunteered to help out
process itself was very reassuring to me and and have been enormously helpful.
it should be to all of you.
A couple of questions. Charlie.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Q: Mr. Secretary, there are still critics
who say that no matter how you cut it or Q: Under what --
couch it, that military trials are not as fair or
as thorough as civilian trials, trials in Q: No pressure!
civilian courts. Are you looking -- will these
military trials guarantee simply more swift Rumsfeld: No, leave her alone. Come on!
and sure justice than civilian courts? And
are you worried about security -- someone Q: How about a couple of quickies?
throwing a hand grenade into a courtroom?
Is that why you're going to military trials? Q: There's a provision that says that you
and -- or the president must give final
Rumsfeld: Charlie, there will always be approval to the findings and the sentencing.
critics. It's a free country! We learn from our Under what conditions or circumstances do
critics. They say it's your -- that all of that you think you will be overruling what the
dialogue and discussion that takes place commission has found, or the sentence?
informs the public, informs the people in
government, and it's helpful. Are we very, Rumsfeld: Oh, my goodness. You're
very pleased and satisfied that this will asking -- first of all, we don't have any
produce just outcomes? You bet. We also candidates for the commissions.
have the ability to amend it if, for some
reason, we found that there was something Q: What is the practical purpose of that
that we hadn't thought of. We're plowing for --
new ground here, to a certain extent. So the
critics can be critics, and we can be Rumsfeld: That's what the order
government officials, and you can be provided, and there it is. The president's
members of the press. We'll all do our jobs military order provided -- left it that way,
and try to do them well. and trying to speculate as to how some
accused might or might not be handled
Q: And regarding security, will military down the road, I think, is beyond my ability.
trials allow you to hold it, say, aboard ship You can try Jim Haynes on that. Maybe he
or in more secluded places, where you will has a better answer.
have more secure protection?
And since I didn't answer that, I'll ask
Rumsfeld: There's nothing in the military Pam to have the last question.
order that I can recall that discusses the
location of the commission. Q: (Sighs.) Again with the pressure!
Q: You've made no decision on where Rumsfeld: Well, you can handle it. You
these will be? can handle it.
Rumsfeld: We have not decided it, Q: Yeah. Actually, I have sort of two big
because we do not have any candidates yet questions for you. One is something --
to be tried before commissions.
Rumsfeld: One question, not two.
Shall we make this the last question?
(Groans from the press corps.)
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Q: What if I do it in one long run-on Q: Yes. So the other option is for us to
sentence? just go get these quotes from people and not
give you a chance to address it.
Rumsfeld: No. Won't work.
Rumsfeld: I understand. I --
Q: You say that you have a commitment
to having an open process, and in this fact Q: But how will you balance that
sheet that you've given us, it talks about that. openness? How can it be open if at the same
But at the same time, you say you need to be time you're trying to protect national
able to present national security information security?
that cannot be expressed openly. So how are
you going to balance those two? How can Rumsfeld: Our country faces that
the people who will be following these already. We deal with classified material in
proceedings be assured that they are court. It's done on a regular basis, and there
impartial and fair, and not sort of kangaroo are ways that it can be handled so that -- I
courts with a predetermined outcome, if they happen to know the answer of this. To give
cannot have access to that? it to you, it is -- it would get me down to a
level of detail that I'd prefer not. But there is
Rumsfeld: There's that word. There's that one way of knowing that -- is, I believe that
word. the -- I'm going to let Jim do it. If the
military counsel would be present during
Q: I had to raise it. any period when anyone else who should
not be present because of the sensitivity of
Rumsfeld: You had to get that "kangaroo classified material might be excluded from
court" in there so that people would have the process, nonetheless, the defendant's
that in their minds -- military counsel would, in fact, be present at
all times.
Q: (Off mike) -- opportunities to address
-- Q (Inaudible) -- ask General Pace a
question, sir?
Rumsfeld: -- in their minds, when we've
just presented something that is the product Rumsfeld: Yeah. All right. (Laughs; soft
of many months of effort. It is -- laughter.)
Q: So the other option -- Q: Thank you. I appreciate it.
Rumsfeld: -- it is balanced. It is fair. It is General Pace, understanding we're not

designed to produce just outcomes, which it going to talk about any particular instance or
will. -- this is not really a hypothetical: Is the
Department of Defense -- the Pentagon and
Q: How will you make it open? the U.S. military -- in fact, prepared to
invoke the death penalty against -- in this
Rumsfeld: And that characterization is so process, against an accused person?
far from the mark that I am shocked -- sort
of. Pace: I'm not exactly sure why you
would come specifically to me with that
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question, but as the rules of the court are laid
out, it is well within the authority of a Haynes: May I say one thing first, just so
tribunal, when a person's brought before you'll know? I am Haynes -- (laughter) --
them, if they are charged with a capital and this is Feith.
crime, if they deem it appropriate to find
that person guilty and if all seven vote (Cross talk.)
unanimously that that person should be put
to death, then that is well within their Haynes: I also would like to echo
prerogative to do. And then, of course, it something the secretary said about the
would go the process that the secretary laid process. We were very careful about it, very
out, as far as who would make the final deliberate. We reached out not just to those
decision. people identified, but also to the experts
within the building -- the Judge Advocates
Q: Can we do a follow-up on that? General and the general counsels of the
military department were very important in
Rumsfeld: Tell you what I'm going to do: the development of these procedures. They
I'm going to ask Jim Haynes and Doug Feith will have substantial roles in implementing
to come up. Jim is the general counsel; them. And we also, of course, consulted
Doug Feith is the undersecretary for policy. with other agencies. We considered
They have been -- particularly Jim, but everything that we heard on the Hill and in
Doug to some extent -- have been deeply the press. It was very helpful to read about
involved in this process. They are able to all of the things that you wrote, and we
answer a whole host of questions at a level found that to be very helpful.
of detail, and I would think in a manner that
would be very helpful to the folks here. And Furthermore, we don't intend this to be
I'd prefer to have them take over at this time. the end of that deliberate process. The rules
provide that we will have full and fair trials,
Thank you. and I am very confident that those who are
charged with executing that responsibility
Q: Do you think any of those prisoners will do so.
you captured are innocent? (Laughter.)
Q: On the three-member review boards
A: Trick question. we're talking about, the president appoints
those -- does the president appoint those
Rumsfeld: I haven't had a chance to look boards? And does it automatically go --
them over. That process is --
Haynes: Let me say one thing. We gave
Q: Just wondering if you thought you'd some fact sheets at the outset. We will have
captured any innocent people. the actual rules for you when you leave. And
at a very quick time afterwards, if they're not
Rumsfeld: We've captured some innocent already up, they'll be on the website.
people and turned 'em loose from time to
time, as you well know. Q: But the president can appoint civilian
members to those review boards, can he not?
Q: Can I do a follow-up to the question
just asked?
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Haynes: There is a review panel of three that we have in our criminal courts was
members. Those members may be appointed motivated by the desire to strike this balance
by -- will be appointed by the Secretary of between individual justice and the broader
Defense. If any of the three is a civilian, war policy.
then the president will appoint that civilian
as a temporary military officer, under QCan I ask a question about the
existing legislation. openness of these proceedings? In the trial
format, it says the trial proceedings will be
Q: Do things go automatically to the open unless otherwise determined by the
review panel, or would a thing have to presiding officer; but in reading through this
appeal? fact sheet, it seems to be weighed much
more heavily toward closing the proceedings
Q: What would you say to the suggestion than having them open; number one.
that -- which is coming from many quarters, Number two, the presiding officer may also
as you know -- that the structure is designed allow attendance by the public and press.
simply to make it easier for you to win Well, if it's to be open, I mean, who besides
convictions, that that's the purpose of this the public and press would it be open to;
whole thing, to make it easier to convict? number one? Number two, why doesn't it
say that the proceedings will be open to the
Feith: I would say that's wrong. This was public and press?
a -- the process of putting together these
procedures was a balancing process. We Haynes: The procedures do say that the
have a number of important objectives that proceedings will be open to the maximum
we had to keep in mind as we developed the extent practicable, but under certain
procedures. Clearly, as has been circumstances that are identified in the rules,
emphasized, one of the key objectives is such as the presentation of classified
providing a fair trial for the individuals. But information or the safety of witnesses or the
we're in the middle of a war, and we had to timing of the trials for particular reasons to
design a procedure that would allow us to be determined at the time, then they may be
pursue justice for these individuals while at closed insofar that it's necessary to protect
the same time prosecuting the war most that information.
effectively. And that means setting rules that
would allow us to preserve our intelligence Q: But even -- if I could follow up -- but
secrets, develop more information about even the sentence, "The presiding officer
terrorist activities that might be planned for may also allow," it's almost as if that's an
the future so that we can take action to afterthought --
prevent terrorist attacks against the United
States. Haynes: It's not an afterthought.
I mean, there was a constant balancing of Q: -- as opposed to a ground rule that

the requirements of our war policy and the they will be open to the press and public and
importance of providing justice for the closed under only extraordinary
individuals. And that's why the secretary circumstances. The way this is written is
refers to this plumb line. I mean, there were weighed far more in favor of closing the
lots of considerations at play here, and each proceedings than having them open.
deviation from the standard kinds of rules
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Haynes: I would suggest that you read
the rules. And I know you don't have them Q: But as far as --
now, but you'll have them soon.
Q: Sorry. Please, go ahead.
Q: Is there appeal authority for --
Q: As far as trials and procedures are
(Cross talk.) concerned, are you in touch with any
country, or if any country have asked any
Q: One thing you apparently have not help or consultations in any way?
addressed here, which I think is very
germane: Are any of the members of these Haynes: We have received so much
commissions going to be legally trained, unsolicited and solicited help, and we've
coming from JAGs or what have you, or you considered it all.
don't consider that necessary?
Q: Can you answer the question the
And a follow-up to that is, how similar secretary didn't answer about under what
will any of these tribunals be to the circumstances would he or the president be
Nuremberg trials at the end of World War allowed to overrule the findings reached by
II? the commission and a review board, and
why is that needed, that last step of them
Haynes: To answer your first question, approving it?
yes, people who will serve on the
commissions must be competent to perform Haynes: Well, remember that the
the duties. The presiding officer of the secretary's procedures are implementing the
commission must be a judge advocate. The president's military order. The president's
other members are not necessarily judge military order specifically provided that he
advocates, but they may be. Traditionally, would be the final approval authority, unless
military commissions -- and this is true of he specifies that the secretary of Defense
courts- martial -- are not necessarily legally will be.
trained, but they are competent and educated
people and will be chosen on that basis. Nevertheless, we do have in these
procedures some specific instructions,
Q: (Inaudible) -- including, for example, an acquittal or a
finding of "not guilty," once it is final, may
Q: Wait a minute! What about the not be changed, even though the case will
Nuremberg thing? proceed up for final approval by the
president or the secretary of the Defense.
Haynes: Well, there are some similarities
to Nuremberg and there are some Q: Do these procedures guarantee that if
dissimilarities to Nuremberg. These a defendant is acquitted, that the defendant
procedures are, frankly, much more detailed, will be set free?
and in many respects are more generous
than what was done at Nuremberg. Haynes: The procedures don't address the
outcome of a trial, except to say that a
Q: Under the procedures that you have sentence will be enforced quickly.
outlined --
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Q: Does that mean that if you are
acquitted, there is a chance that you will not Haynes: One thing we can say, that if a
be set free? person is found not guilty, they will not be
charged again for the same crime.
Haynes: Well, it's -- as the secretary said,
we're talking about hypothetical two or three Q: Double jeopardy you have ruled out.
times removed. If we had a trial right this But you haven't -- (laughs). But what is
minute, it is conceivable that somebody curious to me is, if you are acquitted, if you
could be tried and acquitted of that charge, are found not guilty doesn't necessarily
but may not necessarily automatically be mean you're going to be released.
released. The people that we are detaining,
for example, in Guantanamo Bay, Cuba, are Haynes: Let me answer it in part this
enemy combatants that we captured on the way. And I think the secretary's been very
battlefield seeking to harm U.S. soldiers or clear about this in other contexts. He is not
allies, and they're dangerous people. At the interested in holding people gratuitously
moment, we're not about to release any of indefinitely. As I said at the outset, the
them unless we find that they don't meet people that we now hold in Guantanamo are
those criteria. At some point in the future -- held for a specific reason that is not tied
specifically to any particular crime. They're
Q: But if you -- (off mike) -- convict not held -- they're not being held on the
them, if you can't find them guilty, you basis that they are necessarily criminals. It
would still paint them with the brush that we might be that as we investigate -- and that's
find you dangerous even though we can't what we're doing now -- that they will be
convict you, and continue to incarcerate appropriately charged with crimes, in which
them? case we can address that. But there are two
separate bases --
Feith: Part of the reason I don't think you
can give an unqualified answer to that Q: One of the other issues about the
question is you couldn't do it even under our defendants is when there is classified
domestic criminal legal system. I mean, one information being presented, is the
could have circumstances where you're defendant able to hear the evidence that is
going to charge -- or somebody is charged being presented against him when that
with a number of offenses, and they might evidence is classified, or does the defendant
be tried for one and acquitted, but there still not get to hear what is being said about what
may be other reasons to hold the person. he is accused of?
And so, I mean, you can't even say in a
domestic court that if somebody gets Haynes: Again, we need to remember
acquitted of a particular charge he'll be let that these will be individual trials involving
free. It depends on what else may be individual people. So to generalize is
pending against the person. something that I'm reluctant to do. But,
you've asked the question, Is it possible? It
Q: (Off mike) -- of other cases, though. is possible that there will be some evidence
that will be so highly classified that we will
Haynes: May I say a couple things? not find it appropriate to have the accused
present when the evidence is admitted. After
Feith: Sure. all, the defendant might be found not guilty
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at some point and eventually, perhaps, al Qaeda or, as you said, potentially
released, and we would not want to provide harbored or assisted and aided and abetted
classified information under those such a person. Under those circumstances,
circumstances. these rules would apply.
But even in those circumstances -- in We do not anticipate that would be trying

fact, under all circumstances -- the rules are somebody that's not currently in -- under the
very, very clear that his defense counsel, his control of the United States government. So
military defense counsel, must be present, your hypothetical about a foreign
must have access to all information government official, unless we have them or
considered by the commission, so he will be have that person, would not be subject to it.
represented and protected under those
circumstances. Yeah, sir? Sorry.
Q: In attempting to ensure the security Q: In attempting to ensure the security or

for those on the commission -- safety of the members of the commission,
even witnesses, does that simply mean that
Haynes: Jim -- their identities will not be released, or does
that mean that the proceedings would be
Q: May I ask a question, please? closed to protect the security of those
individuals?
Haynes: Just a second.
Haynes: We don't write about every
Q: Okay. conceivable scenario in these rules you'll
see. They're more detailed than we gave to
Q: Two questions, actually. Can you you just as you came in, but there are some
define what you mean by "competent"? For things that remain to be applied. We leave
example, could a commission member come discretion to the presiding officer or the
from any military career area? And number appointing authority in a particular case to
two, the list of people that can be tried by decide how best to protect information or
commission include those who would harbor people under circumstances like what you've
terrorists. So what -- under what described.
circumstances might you prosecute a foreign
government official? And how would the But I'll point out, in our civil court
process be affected by that fact? system, it is widely accepted that judges
have the ability to protect witnesses through
Haynes: The procedures that we're various measures, including protecting their
releasing today implement the president's identity or masking their voices or
military order. The president's military order otherwise. And I would think that a
of November 13th specifically says that he presiding officer, or appointing authority in
must personally determine that an individual this case, would consider the same range of
will be subject to the military order. The things, consistent with the admonition that
person may not be a United States citizen. trials shall be open to the maximum extent
But in this determination, the president practical.
would have -- would state that he has reason
to be believe that the person is a member of
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Q: Including protection -- or the overstatement. Certainly, a number of things
protection of the identity of those involved factor into decisions. But --
in the commission itself, if that were so
deemed necessary? Q: Well what would be the consequences
of holding them in the United States, the
Haynes: Conceivably. But we didn't legal consequences?
specifically write about that.
Haynes: Well, it would depend on each
Q: And could you describe the difference case, and it would depend on who the
between a commission and tribunal? defendants were, and it would depend on the
Because I know it was called a tribunal method of trial, and so forth, and so on.
originally, then the Pentagon made a
concerted effort to shift it to commission. For example, the 1942 case involving the
And then yesterday we heard the president Nazi saboteurs, which was the employment
call it a tribunal once more. So is there a of a military commissions, was held in the --
legal, technical difference between the two it was held in the Justice Department
or are they just interchangeable? building downtown. The defendants were
both foreign nationals and United States
Haynes: Sometimes they're citizens. The court reviewed that all the way
interchangeable. But in the statutes that up to the Supreme Court and found that the
reference them, tribunals seem to encompass president's order in that case was
commissions and courts-martial. But that's constitutional and properly applied. But it --
not always the same. I would anticipate that there would be a
different set of -- a different analysis that the
Q: Mr. Haynes, could you -- let me ask, Supreme Court, in this case, might use if the
sir, a legal point. Is it correct that you have a trial were held in, say Guantanamo or in
legal reason to try and keep these Afghanistan or somewhere else. And I
proceedings outside of the United States in wouldn't want to make any predictions about
order -- we keep hearing this, and I just want that.
to understand it -- in order to keep any
appellate process outside of U.S. federal Q: (Inaudible) -- try and understand as
court jurisdiction? Is there a legal reason to clear as possible: If a detainee held by the
physically, geographically keep them United States -- and clearly, they all fall into
outside of the United States to keep them out the same fold -- a detainee -- if they --
of the U.S. justice system? And is there any
appellate process in this that is fully Haynes: -- held in the United States,
independent of the U.S. military or, you yeah.
know, does the buck stop with the U.S.
military in terms of an appellate process? Q: -- being held by the United States
right now in Guantanamo or Afghanistan
Haynes: Answering your first question, I came before a U.S. military commission
will agree that there are consequences to geographically inside the United States,
holding trials in certain places. To say that would that person then have
we are acting in a particular way to avoid jurisdiction...could you then be under the
certain things I think would be an jurisdiction of the federal court system? Are
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
you opening yourself to that possibility? commission proceedings. They don't -- they
And my question on the appellate process. do not address detention outside the scope of
a trial.
Haynes: The answer is that a -- yes a
United States District Court would have And secondly, as to the people to whom
jurisdiction to consider a petition by a these procedures might apply, as I said,
defendant in that case for certain purposes. these implement the president's military
There has already been a habeas corpus order so that people that may be tried by
petition considered in Los Angeles. There's these commissions are those who the
one pending now in the District Court of the president has determined in writing are
District of Columbia. I would imagine that subject to the military order.
we will have more of those as we go
forward. Q: But it's the intention to use them
against only a select group of prisoners?
Q: (Inaudible.) (Off mike.)
Q: And is there any independent Haynes: Well, the president's -- the

appellate process? president's order spells out the types of
people that potentially can be subject to it.
Haynes: Well, I'll let you read the rules, So, members of al Qaeda, persons who are
but the -- otherwise involved in international --
Q: (Inaudible) Q: I guess -- I guess what I'm driving at

is whether we can expect that this will be
Haynes: The rules provide for the review applied only to top al Qaeda leaders as
panel that I described a few minutes earlier opposed to, you know, people who were
that will be selected by the secretary of fighters in Afghanistan but not -- were not
Defense and will be charged with reviewing necessarily leaders of the organization. I
the record of the trial and any written know it could be applied to anybody that fit
submissions they seek from counsel. And that definition, but in terms of what the
they may return the case to the commission, administration intends to do here.
or they may advise the secretary for
disposition. But they are not outside of the Feith: The decision as to who might be
structure, other than what I've just described. prosecuted in a military commission is the
president's decision. And --
Q: Could you explain --
Q: But he needs advice from you, doesn't
Q: Do the procedures allow for indefinite he?
detentions without charges? And also, are
intended for use against a select group of Feith: But in answer to the question, the
prisoners? Or are they intended for use president has the authority to put people that
against this whole body of prisoners who are he selects into the military commission
in U.S. military custody? process. No recommendations have been
made with regard to anybody yet. And so it's
Haynes: The procedures are strictly too early to answer the question that you've
written for conduct of trials or conduct of posed.
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doesn't apply to those people. So these rules
Q: So -- do not address anything of that nature,
except to charge the commission with
Haynes: Let -- let me just add to that. conducting the proceedings expeditiously
We're very early in the process. We're still once they begin.
interrogating and talking to the people that
we have detained. And they're -- I would say Q: So you could in fact hold these people
it's fair to say they're singularly for years without charging them, simply to
uncooperative. So we have -- we have a lot keep them off the street, even if you don't
of facts to find beforehand. It's not just from charge them?
them that we'll necessarily find them. So to
build a case takes time and takes evidence, Haynes: Well, you're asking a separate
and we'll have to see. question from what the rules provide. The
rules don't say anything about that. So --
Q: To follow up on Jim's question --
Q: No, I know that. But you could, in
Q: Could you explain why -- could you -- effect, do this, based on what you've said.
Q: Excuse me. Just for a minute. I want Haynes: We are within our rights, and I
to follow just very briefly on Jim's question don't think anyone disputes it, that we may
about how long you might hold people hold enemy combatants for the duration of
before you put them on trial. the conflict. And the conflict is still going
and we don't see an end in sight right now.
Have you all made any attempt to
address the question of due process, as there Q: Sir, could you explain with some
is in civilian courts, you know: doing -- specificity what the problems are with the
bringing people to trial or releasing them in UCMJ and with civilian courts that make
a timely fashion? Or -- or -- could you just you -- besides the fact that the president told
hold these people for years just to keep them you to do so -- that require setting up this
off the street without charging them? Has new kind of legal system? The secretary
there been any attempt to address that addressed the question of national security,
question? but he also said that there are already
procedures in place to protect national
Haynes: Well, I tried to do it earlier in security when such evidence is introduced in
this press conference when I noted that the trials. He addressed the question of the
people we're holding in Guantanamo we're physical security of the people involved, but
holding because we found them to be enemy already people are -- face that every day,
combatants. That is totally different from a especially in New York with mafia trials,
criminal justice system. That is a widely there are judges that have round-the-clock
accepted and a historical concept of great protection. So those are two main reasons
depth and longevity that it's permissible to that have sort of already been asked and
do that. When somebody's trying to kill you answered in other courts.
or your people, and you capture them, you
can hold them. That's why we're holding the The cynical interpretation out there is
people in Guantanamo. The separate that the main difference between this and the
question about speedy trial and so forth UCMJ is that the UCMJ allows people to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
appeal up to the Supreme Court, so the
interpretation is that the department's or the Haynes: I'm sorry. Did you have
administration's attempt is to keep this something?
completely out of the Supreme Court's area
of jurisdiction. Feith: No. I got -- well, I'll just add one
point. The -- there has been for many years a
Haynes: That would be a cynical debate about the nature of terrorism, and is it
interpretation, and you -- more in the nature of war or is it more in the
nature of crime? And what was driven home
Q: Can you explain how it's not that? on September 11th was obviously that it's
both. And we are -- we're dealing -- when
Haynes: Well, you shouldn't read this -- you ask, "Why do we need to have a new
nor do we -- read this as an indictment or device or a new vehicle for these purposes,"
any dissatisfaction with existing judicial it is precisely because we find ourselves in a
systems in the United States. Our federal very unusual type of war. The enemy in this
judiciary is a fine institution to do what it war, as opposed to past wars, is not, by and
does. The court-martial system, under the large, the regular armed forces of a country,
Uniform Code of Military Justice, is the best wearing uniforms and attacking enemy
in the world. armed forces. Here the enemy is a terrorist
network with people who do not distinguish
This is an additional option for the themselves as -- in uniforms as soldiers, and
president. their principal targets of attack are not
armed forces but civilians. And their
Q: Why is it necessary? principal method is by infiltrating into our
country or into other, you know, friendly
Haynes: It's necessary -- well, and it is countries.
also not new. It is consistent with American
history; I mean the use of military So -- and we are furthermore fighting a
commissions historically has been an option war that's going to last for a long time, and
for the president. we want to try to bring justice to some of
these individuals while the war is still under
This is a unique conflict. It is unique in way. In many past cases, military
several respects -- and Doug may have some commissions were after the war was over.
comments about that as well. We've never One of the things that is on our minds here is
been attacked quite like this before. We've this war is going to go on for a long time,
never had the intersection of criminality and and we want to make sure that these
warlike acts in quite this way before. We've proceedings, which are going on in the
never had to face an organization whose middle of the war, do not interfere with our
principal mode of operation is to hide war effort and may -- because of the way we
behind civilians and to attack innocent would be able to handle interrogations and
people indiscriminately on such a large intelligence information, may actually assist
scale. The president needed to have this us in promoting our war aims.
extra option for him to consider, to employ
in appropriate circumstances. So those, I think, are some of the motives
that led the president to decide that he needs
Q: Can we go back to the question --
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to use this well-established institution and information that reveals security sources.
apply it in new ways to this case. The secretary mentioned he doesn't want the
panel presiding members to be under 24-
Q: But why specifically exclude the hour watch, so you've got security now as an
Supreme Court from the process? That's just issue.
not an option in this process. Why --
Give us your sense, based on what you
Feith: I don't think you'll find anything know about these rules and the cases that are
that excludes the Supreme -- it's not within likely come before it: Do you expect to see
our power to exclude the Supreme Court most of these cases open, with little pieces
from the process. closed when there's classified information,
or most of them closed, with little pieces
Q: It says that the -- under the UCMJ, open when there's not classified
you can appeal up to the Supreme Court. information? What is your sense of how
Here you appeal only to the president or the open these really are going to be?
secretary of Defense after the review panel
is done. They seem -- they are the highest. Haynes: Well, recognizing that we're in
the realm of complete speculation now, I
Feith: That is the only appeal provided will say that I would expect most of them
for in the rules that were prepared by the would be mostly open. The rules provide
Defense Department. And as far as whether that they shall be open to the maximum
the Supreme Court gets involved in the extent practicable. And that's what they'll
process, that's beyond our authority to say. do.
Q: But is that still a possibility, that the Sir?

Supreme Court could weigh in on this?
QYou said that the secretary doesn't want
Haynes: Far be it from me to tell the to hold detainees gratuitously. Under what
Supreme Court not to do something. We circumstances would detainees be extradited
anticipate that anybody that is tried will to their countries of citizenship?
have vigorous, competent representation,
and we expect that they will seek every Feith: We have had from the beginning a
avenue they can to protect the interests of screening process to make sure that we do
their client. And we are confidant that the not take into our custody people that should
rules will withstand any scrutiny and that we not be held. Most of the people that we are
will produce a full and fair trial and a just holding were, I believe, captured not by
result. American forces, in the first instance, but by
Afghan forces. And the Afghan forces made
Q: Back to the question of openness, to available a number of these people to us.
follow up on the point that was made earlier, They were screened. We had specific
there does seem to be a presumption in this criteria that applied to decide whether -- to
fact sheet that it would be more closed than allow our people to decide whether we
more open, the sense that the presiding wanted to take them into U.S. custody. And
judge gets to decide whether to open it. And it had to do with whether they were higher-
we've heard now several reasons that it level people, whether they posed a particular
could be closed. Confidential or classified
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threat to us, whether we had particular Q: You -- you just said a moment ago
intelligence interests in them. that, you know, it's still very early, we
haven't even -- you know, we're just
And there were thousands of people who beginning to build up a case, I mean, these --
were captured by Afghan forces, and yet we there are a lot of -- this is -- these detentions
are holding only a fraction of that number. have been going on for months. It's been a
And the people that we're holding we are while. We've been hearing for weeks and
interrogating. And we're continually weeks about U.S. forces collecting
reviewing the information that we have intelligence. Is there a concern that you're
about these people that we're getting from going to have great difficulty mounting a
interrogations, that we're getting from other successful case against any of these people?
countries that are cooperating with us in the
field of intelligence or in the field of law Feith: I wouldn't say there's a concern,
enforcement. And if we find that we're but I would say that you're putting your
holding somebody who is not of intelligence finger on an enormously important point,
interest to us, is not of law enforcement which is that it is very difficult to collect
interest to us, is not a threat, in our view, to information about many of these people.
Americans, to the United States, to our And they -- if you look at the training
interests, to our, you know, allies or friends manuals that have already been published,
as a terrorist, if we don't have any interest in that al Qaeda and other terrorist groups use
holding the person, we'll let them go. for their own operatives, you will see that
there are deception and denial techniques
Your particular question was releasing that al Qaeda and other terrorist
people to -- I believe you were asking, organizations teach their people. And -- I
releasing people to other countries that may mean, we've seen these put into effect. And
want to hold and prosecute them. We are it takes a lot of digging, in many cases, just
talking with various countries about the to find out basic information about the
possibility of transferring people that we are identity of people, let alone all of their
holding after we are no longer interested in activities. It is a hard slog. We're doing it
holding them to other countries that might very systematically. We're doing it very
be interested in prosecuting them. And we well. We're using all of the resources of the
have a broad coalition that's fighting this U.S. government, and we're using the
war, and it serves the interests of the whole resources of numerous other governments
coalition if countries that have a desire and a around the world that are cooperating with
basis for prosecuting the detainees are given us. And we are developing a lot of useful
an opportunity to do so. information, but we've got a very long way
to go.
Q: Are you concerned that, given the
non-cooperativeness of these people, given Q: Given that, do you think that it's going
the choppy nature of the paper trail and to be hard to even bring anybody before a
shadowy identities and so forth that even military commission? Do you have any -- I
with these rules you're going to have a hard mean, sort of a feeling right now on whether
time getting convictions? these things will be used rarely or
occasionally?
Haynes: It's too early to say. We don't --
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Haynes: I think it's too early to tell. The Q: One of the absolute taboos in the
impetus for this exercise was that we wanted military court system is command influence.
to give the president a tool. And it's a useful And yesterday, when the president referred
tool for him. It is simply too early to say to these detainees as "killers," is that an
how often the tool's going to be used. improper command influence on the part of
the commander in chief who, after all, is the
Q: (Inaudible) -- that these procedures ultimate commander over any military
would remain in place indefinitely, as an officers who would preside over these
ongoing additional judicial system created commissions? And will the president and
by the executive branch? secretary be advised to refrain from such
public characterizations in the future to
Haynes: Well, the rules the secretary avoid any appearance of command
issued today do not have a sunset provision influence?
in them. So that's a partial answer to your
question. I'd only observe that the war, we Haynes: Let me just try to answer the
think, will last for a while. We'll just have to question this way. You're right, military
wait and see. command influence is an important concept
that all our military justice experts know
Q: Historically, these tribunals -- very well and they know very well how to
commissions have not been open-ended, deal with it and how to avoid it. I can assure
have they? you that is something that we will continue
to be vigilant about. And I'm not concerned
Haynes: There are no currently open at all that the commissions will do anything
military commissions. That's a -- so that yes, other than do what the president has also
they've all shut down in the past. instructed them to do, and that is a produce a
full and fair trial.
Q: So far, how many of them are you
holding and from how many countries? And Feith: And they are ordered to conduct
finally, when you said that when you are not impartial proceedings. I mean, it is --
interested or no longer interested in many of
them, they will be sent back to particular Q: But I guess it could be argued that it
countries. If any particular country has could appear that the commander in chief
shown any interest, or are they in touch with has made up his mind.
you? (Isolated chuckle.)
Q: The president has publicly already
Haynes: We're in touch with various declared them killers. (Laughter.) Would it
countries who have expressed interest in be advisable -- and I'm not asking you to
people -- sometimes their own nationals, advise the president from this podium, and I
sometimes not their own nationals. understand you wouldn't do that. But as a
lawyer, would you prefer that your clients
Q: Can you name some of them? not make those kind of public
pronouncements, given the sensitivity of the
Feith: I'd prefer not to. procedures that are about to begin?
Staff: Let's take just two more. Haynes: I'm not concerned that we're not
going to have full and fair trials.
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Feith: We will have understandings with
Staff: All right, let's just do the last one. countries if we're going to make transfers of
detainees to them. And we'll have
Q: Two questions. One, a follow-up from understandings of various kind, not the least
before. Why not wait until the end of the being that the basic humane treatment that
war to do this? What is the desire to do this we are committed to affording the detainees
during the war? As you said, there are will be afforded by the country to whom we
certain challenges that that poses. transfer them. But there will be a number of
understandings that we will want to reach
And the other question is, you're saying with any country to whom we transfer the
that the administration reserves the right to detainees.
do this because of the war. But war has not
been declared by the Congress. And can I Q: So if you don't agree with the way
just get sort of legal analysis of that? I mean, they're going to punish them, that will be a
how does he get all these rights if we're not factor as well in sending them back to those
officially, legally, under the Constitution at countries?
war?
Feith: I mean, the --
Haynes: Well, first off, what we've done
today is issue procedures. There's been no Q: The treatment of the --
announcement that there will be a trial at
any particular time. So your comment about Feith: As I said, we -- well, one of the
why not wait until some later time, that considerations is we want to ensure humane
remains to be seen when they'll be treatment. We are -- we feel committed to
employed. providing that, and we will make sure that
we have an understanding with countries
As far as the authority to issue these that we transfer any detainees to that they
rules, they're not limited to wartime. That's will provide humane treatment also.
one legal answer. It's an authority and
responsibility under Article II of the Q: Would you want to ensure that they
Constitution, which is there during peace would prosecute them? Besides how they're
and war. So I'm not concerned about the fact treated, do you want to ensure that any
that there's not been an official declaration detainee transferred to, let's say, his home
of war by the Congress. There's no doubt country is prosecuted?
that we are in a war situation.
Haynes: Well, it would depend on the
Q: On these countries that you're talking case.
with, the secretary has said people could be
sent back to their countries of origin if those Feith: It would depend on the case. If
countries can be relied upon to punish them. you -- one might transfer somebody that
Are your talks involving extracting some you've decided shouldn't be prosecuted. I
sort of promise or agreement from these mean, it depends.
countries? How will that be handled? A
formal agreement that they will be Staff: Thank you, ladies and gentlemen.
punished?
Q: Thank you.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Uniting and Strengthening

America by Providing
8 Civil Liberties II. D o m e s t i c
Appropriate Tools
Surveillance and Control. [4-8 Required to Intercept and
November] The USA PATRIOT
Act. Definition of ‘terrorism’. Obstruct Terrorism Act
Expanded authority for electronic (Oct. 25, 2001)
wiretap. Denial of confidentiality of
lawyer-client conversations.
Detention without indictment or trial. HR 3162 RDS
Refusal to release names of those in
detention. Focused interrogations. 107th CONGRESS
Profiling. Focus on specific groups: 1st Session
Muslims, foreigners, persons of H. R. 3162
Middle Easterrn descent, students.
Visa controls. Controls on airline
passengers. Use of technology IN THE SENATE OF THE UNITED
(computers, databases, networking) STATES
to consolidate and use information
about individuals. Proposed national October 24, 2001
identity card.
Received
AN ACT
To deter and punish terrorist acts in
the United States and around the
8.Week The USA PATRIOT Act.
world, to enhance law enforcement
HR3162. [From the Electronic
Frontier Foundation web site]. investigatory tools, and for other
As passed by the House, 25 purposes.
October 2001: Be it enacted by the Senate and House
of Representatives of the United
http://www.eff.org/Privacy/Surveillance/Ter States of America in Congress
rorism_militias/20011025_hr3162_usa_patri assembled,
ot_bill.html
SECTION 1. SHORT
USA PATRIOT Act as TITLE AND TABLE OF
Passed by Congress CONTENTS.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(a) SHORT TITLE- This Act may be
cited as the Ùniting and Strengthening Sec. 203. Authority to share criminal
America by Providing Appropriate Tools investigative information.
Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of Sec. 204. Clarification of intelligence
2001'. exceptions from limitations on interception
and disclosure of wire, oral, and electronic
(b) TABLE OF CONTENTS- The table communications.
of contents for this Act is as follows:
Sec. 205. Employment of translators by
Sec. 1. Short title and table of contents. the Federal Bureau of Investigation.
Sec. 2. Construction; severability. Sec. 206. Roving surveillance authority

under the Foreign Intelligence Surveillance
TITLE I--ENHANCING DOMESTIC Act of 1978.
SECURITY AGAINST TERRORISM
Sec. 207. Duration of FISA surveillance
Sec. 101. Counterterrorism fund. of non-United States persons who are agents
of a foreign power.
Sec. 102. Sense of Congress condemning
discrimination against Arab and Muslim Sec. 208. Designation of judges.
Americans.
Sec. 209. Seizure of voice-mail messages
Sec. 103. Increased funding for the pursuant to warrants.
technical support center at the Federal
Bureau of Investigation. Sec. 210. Scope of subpoenas for records
of electronic communications.
Sec. 104. Requests for military assistance
to enforce prohibition in certain Sec. 211. Clarification of scope.
emergencies.
Sec. 212. Emergency disclosure of
Sec. 105. Expansion of National electronic communications to protect life
Electronic Crime Task Force Initiative. and limb.
Sec. 106. Presidential authority. Sec. 213. Authority for delaying notice
of the execution of a warrant.
TITLE II--ENHANCED
SURVEILLANCE PROCEDURES Sec. 214. Pen register and trap and trace
authority under FISA.
Sec. 201. Authority to intercept wire,
oral, and electronic communications relating Sec. 215. Access to records and other
to terrorism. items under the Foreign Intelligence
Surveillance Act.
Sec. 202. Authority to intercept wire,
oral, and electronic communications relating
to computer fraud and abuse offenses.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sec. 216. Modification of authorities international transactions of primary money
relating to use of pen registers and trap and laundering concern.
trace devices.
Sec. 312. Special due diligence for
Sec. 217. Interception of computer correspondent accounts and private banking
trespasser communications. accounts.
Sec. 218. Foreign intelligence Sec. 313. Prohibition on United States

information. correspondent accounts with foreign shell
banks.
Sec. 219. Single-jurisdiction search
warrants for terrorism. Sec. 314. Cooperative efforts to deter
money laundering.
Sec. 220. Nationwide service of search
warrants for electronic evidence. Sec. 315. Inclusion of foreign corruption
offenses as money laundering crimes.
Sec. 221. Trade sanctions.
Sec. 316. Anti-terrorist forfeiture
Sec. 222. Assistance to law enforcement protection.
agencies.
Sec. 317. Long-arm jurisdiction over
Sec. 223. Civil liability for certain foreign money launderers.
unauthorized disclosures.
Sec. 318. Laundering money through a
Sec. 224. Sunset. foreign bank.
Sec. 225. Immunity for compliance with Sec. 319. Forfeiture of funds in United
FISA wiretap. States interbank accounts.
TITLE III--INTERNATIONAL Sec. 320. Proceeds of foreign crimes.

MONEY LAUNDERING ABATEMENT
AND ANTI-TERRORIST FINANCING Sec. 321. Financial institutions specified
ACT OF 2001 in subchapter II of chapter 53 of title 31,
United States code.
Sec. 301. Short title.
Sec. 322. Corporation represented by a
Sec. 302. Findings and purposes. fugitive.
Sec. 303. 4-year congressional review; Sec. 323. Enforcement of foreign

expedited consideration. judgments.
Subtitle A--International Counter Money Sec. 324. Report and recommendation.

Laundering and Related Measures
Sec. 325. Concentration accounts at
Sec. 311. Special measures for financial institutions.
jurisdictions, financial institutions, or
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Sec. 326. Verification of identification. Sec. 358. Bank secrecy provisions and
activities of United States intelligence
Sec. 327. Consideration of anti-money agencies to fight international terrorism.
laundering record.
Sec. 359. Reporting of suspicious
Sec. 328. International cooperation on activities by underground banking systems.
identification of originators of wire
transfers. Sec. 360. Use of authority of United
States Executive Directors.
Sec. 329. Criminal penalties.
Sec. 361. Financial crimes enforcement
Sec. 330. International cooperation in network.
investigations of money laundering,
financial crimes, and the finances of terrorist Sec. 362. Establishment of highly secure
groups. network.
Subtitle B--Bank Secrecy Act Sec. 363. Increase in civil and criminal
Amendments and Related Improvements penalties for money laundering.
Sec. 351. Amendments relating to Sec. 364. Uniform protection authority

reporting of suspicious activities. for Federal Reserve facilities.
Sec. 352. Anti-money laundering Sec. 365. Reports relating to coins and
programs. currency received in nonfinancial trade or
business.
Sec. 353. Penalties for violations of
geographic targeting orders and certain Sec. 366. Efficient use of currency
recordkeeping requirements, and transaction report system.
lengthening effective period of geographic
targeting orders. Subtitle C--Currency Crimes and
Protection
Sec. 354. Anti-money laundering
strategy. Sec. 371. Bulk cash smuggling into or
out of the United States.
Sec. 355. Authorization to include
suspicions of illegal activity in written Sec. 372. Forfeiture in currency reporting
employment references. cases.
Sec. 356. Reporting of suspicious Sec. 373. Illegal money transmitting

activities by securities brokers and dealers; businesses.
investment company study.
Sec. 374. Counterfeiting domestic
Sec. 357. Special report on currency and obligations.
administration of bank secrecy provisions.
Sec. 375. Counterfeiting foreign currency
and obligations.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sec. 415. Participation of Office of
Sec. 376. Laundering the proceeds of Homeland Security on Entry-Exit Task
terrorism. Force.
Sec. 377. Extraterritorial jurisdiction. Sec. 416. Foreign student monitoring

program.
TITLE IV--PROTECTING THE
BORDER Sec. 417. Machine readable passports.
Subtitle A--Protecting the Northern Sec. 418. Prevention of consulate

Border shopping.
Sec. 401. Ensuring adequate personnel Subtitle C--Preservation of Immigration

on the northern border. Benefits for Victims of Terrorism
Sec. 402. Northern border personnel. Sec. 421. Special immigrant status.
Sec. 403. Access by the Department of Sec. 422. Extension of filing or reentry
State and the INS to certain identifying deadlines.
information in the criminal history records
of visa applicants and applicants for Sec. 423. Humanitarian relief for certain
admission to the United States. surviving spouses and children.
Sec. 404. Limited authority to pay Sec. 424. Àge-out' protection for
overtime. children.
Sec. 405. Report on the integrated Sec. 425. Temporary administrative

automated fingerprint identification system relief.
for ports of entry and overseas consular
posts. Sec. 426. Evidence of death, disability,
or loss of employment.
Subtitle B--Enhanced Immigration
Provisions Sec. 427. No benefits to terrorists or
family members of terrorists.
Sec. 411. Definitions relating to
terrorism. Sec. 428. Definitions.
Sec. 412. Mandatory detention of TITLE V--REMOVING OBSTACLES

suspected terrorists; habeas corpus; judicial TO INVESTIGATING TERRORISM
review.
Sec. 501. Attorney General's authority to
Sec. 413. Multilateral cooperation pay rewards to combat terrorism.
against terrorists.
Sec. 502. Secretary of State's authority to
Sec. 414. Visa integrity and security. pay rewards.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sec. 503. DNA identification of terrorists
and other violent offenders. Sec. 623. Crime victim assistance.
Sec. 504. Coordination with law Sec. 624. Victims of terrorism.

enforcement.
TITLE VII--INCREASED
Sec. 505. Miscellaneous national security INFORMATION SHARING FOR
authorities. CRITICAL INFRASTRUCTURE
PROTECTION
Sec. 506. Extension of Secret Service
jurisdiction. Sec. 711. Expansion of regional
information sharing system to facilitate
Sec. 507. Disclosure of educational Federal-State-local law enforcement
records. response related to terrorist attacks.
Sec. 508. Disclosure of information from TITLE VIII--STRENGTHENING THE

NCES surveys. CRIMINAL LAWS AGAINST
TERRORISM
TITLE VI--PROVIDING FOR
VICTIMS OF TERRORISM, PUBLIC Sec. 801. Terrorist attacks and other acts
SAFETY OFFICERS, AND THEIR of violence against mass transportation
FAMILIES systems.
Subtitle A--Aid to Families of Public Sec. 802. Definition of domestic

Safety Officers terrorism.
Sec. 611. Expedited payment for public Sec. 803. Prohibition against harboring
safety officers involved in the prevention, terrorists.
investigation, rescue, or recovery efforts
related to a terrorist attack. Sec. 804. Jurisdiction over crimes
committed at U.S. facilities abroad.
Sec. 612. Technical correction with
respect to expedited payments for heroic Sec. 805. Material support for terrorism.
public safety officers.
Sec. 806. Assets of terrorist
Sec. 613. Public safety officers benefit organizations.
program payment increase.
Sec. 807. Technical clarification relating
Sec. 614. Office of Justice programs. to provision of material support to terrorism.
Subtitle B--Amendments to the Victims Sec. 808. Definition of Federal crime of

of Crime Act of 1984 terrorism.
Sec. 621. Crime victims fund. Sec. 809. No statute of limitation for
certain terrorism offenses.
Sec. 622. Crime victim compensation.
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Sec. 810. Alternate maximum penalties Sec. 904. Temporary authority to defer
for terrorism offenses. submittal to Congress of reports on
intelligence and intelligence-related matters.
Sec. 811. Penalties for terrorist
conspiracies. Sec. 905. Disclosure to Director of
Central Intelligence of foreign intelligence-
Sec. 812. Post-release supervision of related information with respect to criminal
terrorists. investigations.
Sec. 813. Inclusion of acts of terrorism as Sec. 906. Foreign terrorist asset tracking
racketeering activity. center.
Sec. 814. Deterrence and prevention of Sec. 907. National Virtual Translation
cyberterrorism. Center.
Sec. 815. Additional defense to civil Sec. 908. Training of government

actions relating to preserving records in officials regarding identification and use of
response to Government requests. foreign intelligence.
Sec. 816. Development and support of TITLE X--MISCELLANEOUS

cybersecurity forensic capabilities.
Sec. 1001. Review of the department of
Sec. 817. Expansion of the biological justice.
weapons statute.
Sec. 1002. Sense of congress.
TITLE IX--IMPROVED
INTELLIGENCE Sec. 1003. Definition of èlectronic
surveillance'.
Sec. 901. Responsibilities of Director of
Central Intelligence regarding foreign Sec. 1004. Venue in money laundering
intelligence collected under Foreign cases.
Intelligence Surveillance Act of 1978.
Sec. 1005. First responders assistance
Sec. 902. Inclusion of international act.
terrorist activities within scope of foreign
intelligence under National Security Act of Sec. 1006. Inadmissibility of aliens
1947. engaged in money laundering.
Sec. 903. Sense of Congress on the Sec. 1007. Authorization of funds for dea
establishment and maintenance of police training in south and central asia.
intelligence relationships to acquire
information on terrorists and terrorist Sec. 1008. Feasibility study on use of
organizations. biometric identifier scanning system with
access to the fbi integrated automated
fingerprint identification system at overseas
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
consular posts and points of entry to the TITLE I--ENHANCING DOMESTIC
United States. SECURITY AGAINST TERRORISM
Sec. 1009. Study of access. SEC. 101. COUNTERTERRORISM

FUND.
Sec. 1010. Temporary authority to
contract with local and State governments (a) ESTABLISHMENT;
for performance of security functions at AVAILABILITY- There is hereby
United States military installations. established in the Treasury of the United
States a separate fund to be known as the
Sec. 1011. Crimes against charitable `Counterterrorism Fund', amounts in which
americans. shall remain available without fiscal year
limitation--
Sec. 1012. Limitation on issuance of
hazmat licenses. (1) to reimburse any Department of
Justice component for any costs incurred in
Sec. 1013. Expressing the sense of the connection with--
senate concerning the provision of funding
for bioterrorism preparedness and response. (A) reestablishing the operational
capability of an office or facility that has
Sec. 1014. Grant program for State and been damaged or destroyed as the result of
local domestic preparedness support. any domestic or international terrorism
incident;
Sec. 1015. Expansion and reauthorization
of the crime identification technology act for (B) providing support to counter,
antiterrorism grants to States and localities. investigate, or prosecute domestic or
international terrorism, including, without
Sec. 1016. Critical infrastructures limitation, paying rewards in connection
protection. with these activities; and
SEC. 2. CONSTRUCTION; (C) conducting terrorism threat

SEVERABILITY. assessments of Federal agencies and their
facilities; and
Any provision of this Act held to be
invalid or unenforceable by its terms, or as (2) to reimburse any department or
applied to any person or circumstance, shall agency of the Federal Government for any
be construed so as to give it the maximum costs incurred in connection with detaining
effect permitted by law, unless such holding in foreign countries individuals accused of
shall be one of utter invalidity or acts of terrorism that violate the laws of the
unenforceability, in which event such United States.
provision shall be deemed severable from
this Act and shall not affect the remainder (b) NO EFFECT ON PRIOR
thereof or the application of such provision APPROPRIATIONS- Subsection (a) shall
to other persons not similarly situated or to not be construed to affect the amount or
other, dissimilar circumstances. availability of any appropriation to the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Counterterrorism Fund made before the date Center to offer rescue assistance and is now
of the enactment of this Act. missing.
SEC. 102. SENSE OF CONGRESS (b) SENSE OF CONGRESS- It is the

CONDEMNING DISCRIMINATION sense of Congress that--
AGAINST ARAB AND MUSLIM
AMERICANS. (1) the civil rights and civil liberties of
all Americans, including Arab Americans,
(a) FINDINGS- Congress makes the Muslim Americans, and Americans from
following findings: South Asia, must be protected, and that
every effort must be taken to preserve their
(1) Arab Americans, Muslim Americans, safety;
and Americans from South Asia play a vital
role in our Nation and are entitled to nothing (2) any acts of violence or discrimination
less than the full rights of every American. against any Americans be condemned; and
(2) The acts of violence that have been (3) the Nation is called upon to recognize
taken against Arab and Muslim Americans the patriotism of fellow citizens from all
since the September 11, 2001, attacks ethnic, racial, and religious backgrounds.
against the United States should be and are
condemned by all Americans who value SEC. 103. INCREASED FUNDING
freedom. FOR THE TECHNICAL SUPPORT
CENTER AT THE FEDERAL BUREAU
(3) The concept of individual OF INVESTIGATION.
responsibility for wrongdoing is sacrosanct
in American society, and applies equally to There are authorized to be appropriated
all religious, racial, and ethnic groups. for the Technical Support Center established
in section 811 of the Antiterrorism and
(4) When American citizens commit acts Effective Death Penalty Act of 1996 (Public
of violence against those who are, or are Law 104-132) to help meet the demands for
perceived to be, of Arab or Muslim descent, activities to combat terrorism and support
they should be punished to the full extent of and enhance the technical support and
the law. tactical operations of the FBI, $200,000,000
for each of the fiscal years 2002, 2003, and
(5) Muslim Americans have become so 2004.
fearful of harassment that many Muslim
women are changing the way they dress to SEC. 104. REQUESTS FOR
avoid becoming targets. MILITARY ASSISTANCE TO ENFORCE
PROHIBITION IN CERTAIN
(6) Many Arab Americans and Muslim EMERGENCIES.
Americans have acted heroically during the
attacks on the United States, including Section 2332e of title 18, United States
Mohammed Salman Hamdani, a 23-year-old Code, is amended--
New Yorker of Pakistani descent, who is
believed to have gone to the World Trade (1) by striking `2332c' and inserting
`2332a'; and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(2) by striking `chemical'. (C) by striking `by any person, or with

respect to any property, subject to the
SEC. 105. EXPANSION OF jurisdiction of the United States`; and
NATIONAL ELECTRONIC CRIME TASK
FORCE INITIATIVE. (D) by inserting at the end the following:
The Director of the United States Secret `(C) when the United States is engaged
Service shall take appropriate actions to in armed hostilities or has been attacked by a
develop a national network of electronic foreign country or foreign nationals,
crime task forces, based on the New York confiscate any property, subject to the
Electronic Crimes Task Force model, jurisdiction of the United States, of any
throughout the United States, for the foreign person, foreign organization, or
purpose of preventing, detecting, and foreign country that he determines has
investigating various forms of electronic planned, authorized, aided, or engaged in
crimes, including potential terrorist attacks such hostilities or attacks against the United
against critical infrastructure and financial States; and all right, title, and interest in any
payment systems. property so confiscated shall vest, when, as,
and upon the terms directed by the
SEC. 106. PRESIDENTIAL President, in such agency or person as the
AUTHORITY. President may designate from time to time,
and upon such terms and conditions as the
Section 203 of the International President may prescribe, such interest or
Emergency Powers Act (50 U.S.C. 1702) is property shall be held, used, administered,
amended-- liquidated, sold, or otherwise dealt with in
the interest of and for the benefit of the
(1) in subsection (a)(1)-- United States, and such designated agency
or person may perform any and all acts
(A) at the end of subparagraph (A) (flush incident to the accomplishment or
to that subparagraph), by striking `; and' and furtherance of these purposes.'; and
inserting a comma and the following:
(2) by inserting at the end the following:
`by any person, or with respect to any
property, subject to the jurisdiction of the `(c) CLASSIFIED INFORMATION- In
United States;'; any judicial review of a determination made
under this section, if the determination was
(B) in subparagraph (B)-- based on classified information (as defined
in section 1(a) of the Classified Information
(i) by inserting `, block during the Procedures Act) such information may be
pendency of an investigation' after submitted to the reviewing court ex parte
ìnvestigate'; and and in camera. This subsection does not
confer or imply any right to judicial review.'.
(ii) by striking ìnterest;' and inserting
ìnterest by any person, or with respect to TITLE II--ENHANCED
any property, subject to the jurisdiction of SURVEILLANCE PROCEDURES
the United States; and';
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SEC. 201. AUTHORITY TO (1) IN GENERAL- Rule 6(e)(3)(C) of
INTERCEPT WIRE, ORAL, AND the Federal Rules of Criminal Procedure is
ELECTRONIC COMMUNICATIONS amended to read as follows:
RELATING TO TERRORISM.
`(C)(i) Disclosure otherwise prohibited
Section 2516(1) of title 18, United States by this rule of matters occurring before the
Code, is amended-- grand jury may also be made--
(1) by redesignating paragraph (p), as so `(I) when so directed by a court

redesignated by section 434(2) of the preliminarily to or in connection with a
Antiterrorism and Effective Death Penalty judicial proceeding;
Act of 1996 (Public Law 104-132; 110 Stat.
1274), as paragraph (r); and `(II) when permitted by a court at the
request of the defendant, upon a showing
(2) by inserting after paragraph (p), as so that grounds may exist for a motion to
redesignated by section 201(3) of the Illegal dismiss the indictment because of matters
Immigration Reform and Immigrant occurring before the grand jury;
Responsibility Act of 1996 (division C of
Public Law 104-208; 110 Stat. 3009-565), `(III) when the disclosure is made by an
the following new paragraph: attorney for the government to another
Federal grand jury;
`(q) any criminal violation of section 229
(relating to chemical weapons); or sections `(IV) when permitted by a court at the
2332, 2332a, 2332b, 2332d, 2339A, or request of an attorney for the government,
2339B of this title (relating to terrorism); or'. upon a showing that such matters may
disclose a violation of state criminal law, to
SEC. 202. AUTHORITY TO an appropriate official of a state or
INTERCEPT WIRE, ORAL, AND subdivision of a state for the purpose of
ELECTRONIC COMMUNICATIONS enforcing such law; or
RELATING TO COMPUTER FRAUD
AND ABUSE OFFENSES. `(V) when the matters involve foreign
intelligence or counterintelligence (as
Section 2516(1)(c) of title 18, United defined in section 3 of the National Security
States Code, is amended by striking ànd Act of 1947 (50 U.S.C. 401a)), or foreign
section 1341 (relating to mail fraud),' and intelligence information (as defined in
inserting `section 1341 (relating to mail clause (iv) of this subparagraph), to any
fraud), a felony violation of section 1030 Federal law enforcement, intelligence,
(relating to computer fraud and abuse),'. protective, immigration, national defense, or
national security official in order to assist
SEC. 203. AUTHORITY TO SHARE the official receiving that information in the
CRIMINAL INVESTIGATIVE performance of his official duties.
INFORMATION.
`(ii) If the court orders disclosure of
(a) AUTHORITY TO SHARE GRAND matters occurring before the grand jury, the
JURY INFORMATION- disclosure shall be made in such manner, at
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
such time, and under such conditions as the
court may direct. `(bb) the conduct of the foreign affairs of
the United States.'.
`(iii) Any Federal official to whom
information is disclosed pursuant to clause (2) CONFORMING AMENDMENT-
(i)(V) of this subparagraph may use that Rule 6(e)(3)(D) of the Federal Rules of
information only as necessary in the conduct Criminal Procedure is amended by striking
of that person's official duties subject to any `(e)(3)(C)(i)' and inserting `(e)(3)(C)(i)(I)'.
limitations on the unauthorized disclosure of
such information. Within a reasonable time (b) AUTHORITY TO SHARE
after such disclosure, an attorney for the ELECTRONIC, WIRE, AND ORAL
government shall file under seal a notice INTERCEPTION INFORMATION-
with the court stating the fact that such
information was disclosed and the (1) LAW ENFORCEMENT- Section
departments, agencies, or entities to which 2517 of title 18, United States Code, is
the disclosure was made. amended by inserting at the end the
following:
`(iv) In clause (i)(V) of this
subparagraph, the term `foreign intelligence `(6) Any investigative or law
information' means-- enforcement officer, or attorney for the
Government, who by any means authorized
`(I) information, whether or not by this chapter, has obtained knowledge of
concerning a United States person, that the contents of any wire, oral, or electronic
relates to the ability of the United States to communication, or evidence derived
protect against-- therefrom, may disclose such contents to
any other Federal law enforcement,
`(aa) actual or potential attack or other intelligence, protective, immigration,
grave hostile acts of-a foreign power or an national defense, or national security official
agent of a foreign power; to the extent that such contents include
foreign intelligence or counterintelligence
`(bb) sabotage or international terrorism (as defined in section 3 of the National
by a foreign power or an agent of a foreign Security Act of 1947 (50 U.S.C. 401a)), or
power; or foreign intelligence information (as defined
in subsection (19) of section 2510 of this
`(cc) clandestine intelligence activities by title), to assist the official who is to receive
an intelligence service or network of a that information in the performance of his
foreign power or by an agent of foreign official duties. Any Federal official who
power; or receives information pursuant to this
provision may use that information only as
`(II) information, whether or not necessary in the conduct of that person's
concerning a United States person, with official duties subject to any limitations on
respect to a foreign power or foreign the unauthorized disclosure of such
territory that relates to-- information.'.
`(aa) the national defense or the security (2) DEFINITION- Section 2510 of title
of the United States; or 18, United States Code, is amended by--
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
identifies a United States person, as defined
(A) in paragraph (17), by striking ànd' in section 101 of the Foreign Intelligence
after the semicolon; Surveillance Act of 1978 (50 U.S.C. 1801)).
(B) in paragraph (18), by striking the (d) FOREIGN INTELLIGENCE

period and inserting `; and'; and INFORMATION-
(C) by inserting at the end the following: (1) IN GENERAL- Notwithstanding any
other provision of law, it shall be lawful for
`(19) `foreign intelligence information' foreign intelligence or counterintelligence
means-- (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)) or
`(A) information, whether or not foreign intelligence information obtained as
concerning a United States person, that part of a criminal investigation to be
relates to the ability of the United States to disclosed to any Federal law enforcement,
protect against-- intelligence, protective, immigration,
national defense, or national security official
`(i) actual or potential attack or other in order to assist the official receiving that
grave hostile acts of a foreign power or an information in the performance of his
agent of a foreign power; official duties. Any Federal official who
receives information pursuant to this
`(ii) sabotage or international terrorism provision may use that information only as
by a foreign power or an agent of a foreign necessary in the conduct of that person's
power; or official duties subject to any limitations on
the unauthorized disclosure of such
`(iii) clandestine intelligence activities by information.
an intelligence service or network of a
foreign power or by an agent of a foreign (2) DEFINITION- In this subsection, the
power; or term `foreign intelligence information'
means--
`(B) information, whether or not
concerning a United States person, with (A) information, whether or not
respect to a foreign power or foreign concerning a United States person, that
territory that relates to-- relates to the ability of the United States to
protect against--
`(i) the national defense or the security of
the United States; or (i) actual or potential attack or other
grave hostile acts of a foreign power or an
`(ii) the conduct of the foreign affairs of agent of a foreign power;
the United States.'.
(ii) sabotage or international terrorism by
(c) PROCEDURES- The Attorney a foreign power or an agent of a foreign
General shall establish procedures for the power; or
disclosure of information pursuant to section
2517(6) and Rule 6(e)(3)(C)(i)(V) of the (iii) clandestine intelligence activities by
Federal Rules of Criminal Procedure that an intelligence service or network of a
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
foreign power or by an agent of a foreign requirements as are necessary for the
power; or personnel employed as translators under
subsection (a).
(B) information, whether or not
concerning a United States person, with (c) REPORT- The Attorney General
respect to a foreign power or foreign shall report to the Committees on the
territory that relates to-- Judiciary of the House of Representatives
and the Senate on--
(i) the national defense or the security of
the United States; or (1) the number of translators employed
by the FBI and other components of the
(ii) the conduct of the foreign affairs of Department of Justice;
the United States.
(2) any legal or practical impediments to
SEC. 204. CLARIFICATION OF using translators employed by other Federal,
INTELLIGENCE EXCEPTIONS FROM State, or local agencies, on a full, part-time,
LIMITATIONS ON INTERCEPTION AND or shared basis; and
DISCLOSURE OF WIRE, ORAL, AND
ELECTRONIC COMMUNICATIONS. (3) the needs of the FBI for specific
translation services in certain languages, and
Section 2511(2)(f) of title 18, United recommendations for meeting those needs.
States Code, is amended--
SEC. 206. ROVING SURVEILLANCE
(1) by striking `this chapter or chapter AUTHORITY UNDER THE FOREIGN
121' and inserting `this chapter or chapter INTELLIGENCE SURVEILLANCE ACT
121 or 206 of this title'; and OF 1978.
(2) by striking `wire and oral' and Section 105(c)(2)(B) of the Foreign
inserting `wire, oral, and electronic'. Intelligence Surveillance Act of 1978 (50
U.S.C. 1805(c)(2)(B)) is amended by
SEC. 205. EMPLOYMENT OF inserting `, or in circumstances where the
TRANSLATORS BY THE FEDERAL Court finds that the actions of the target of
BUREAU OF INVESTIGATION. the application may have the effect of
thwarting the identification of a specified
(a) AUTHORITY- The Director of the person, such other persons,' after `specified
Federal Bureau of Investigation is person'.
authorized to expedite the employment of
personnel as translators to support SEC. 207. DURATION OF FISA
counterterrorism investigations and SURVEILLANCE OF NON-UNITED
operations without regard to applicable STATES PERSONS WHO ARE AGENTS
Federal personnel requirements and OF A FOREIGN POWER.
limitations.
(a) DURATION -
(b) SECURITY REQUIREMENTS- The
Director of the Federal Bureau of (1) SURVEILLANCE- Section 105(e)(1)
Investigation shall establish such security of the Foreign Intelligence Surveillance Act
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
of 1978 (50 U.S.C. 1805(e)(1)) is amended
by-- (2) DEFINED TERM- Section 304(d)(2)
of the Foreign Intelligence Surveillance Act
(A) inserting `(A)' after èxcept that'; and of 1978 (50 U.S.C. 1824(d)(2) is amended
by inserting after `not a United States
(B) inserting before the period the person,' the following: òr against an agent
following: `, and (B) an order under this Act of a foreign power as defined in section
for a surveillance targeted against an agent 101(b)(1)(A),'.
of a foreign power, as defined in section
101(b)(1)(A) may be for the period specified SEC. 208. DESIGNATION OF
in the application or for 120 days, whichever JUDGES.
is less'.
Section 103(a) of the Foreign
(2) PHYSICAL SEARCH- Section Intelligence Surveillance Act of 1978 (50
304(d)(1) of the Foreign Intelligence U.S.C. 1803(a)) is amended by--
Surveillance Act of 1978 (50 U.S.C.
1824(d)(1)) is amended by-- (1) striking `seven district court judges'
and inserting `11 district court judges'; and
(A) striking `forty-five' and inserting
`90'; (2) inserting òf whom no fewer than 3
shall reside within 20 miles of the District of
(B) inserting `(A)' after èxcept that'; and Columbia' after `circuits'.
(C) inserting before the period the SEC. 209. SEIZURE OF VOICE-MAIL
following: `, and (B) an order under this MESSAGES PURSUANT TO
section for a physical search targeted against WARRANTS.
an agent of a foreign power as defined in
section 101(b)(1)(A) may be for the period Title 18, United States Code, is
specified in the application or for 120 days, amended--
whichever is less'.
(1) in section 2510--
(b) EXTENSION-
(A) in paragraph (1), by striking
(1) IN GENERAL- Section 105(d)(2) of beginning with ànd such' and all that
the Foreign Intelligence Surveillance Act of follows through `communication'; and
1978 (50 U.S.C. 1805(d)(2)) is amended by-
- (B) in paragraph (14), by inserting `wire
or' after `transmission of'; and
(A) inserting `(A)' after èxcept that'; and
(2) in subsections (a) and (b) of section
(B) inserting before the period the 2703--
following: `, and (B) an extension of an
order under this Act for a surveillance (A) by striking `CONTENTS OF
targeted against an agent of a foreign power ELECTRONIC' and inserting `CONTENTS
as defined in section 101(b)(1)(A) may be OF WIRE OR ELECTRONIC' each place it
for a period not to exceed 1 year'. appears;
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(2) by striking ànd the types of services
(B) by striking `contents of an electronic' the subscriber or customer utilized,'.
and inserting `contents of a wire or
electronic' each place it appears; and SEC. 211. CLARIFICATION OF
SCOPE.
(C) by striking àny electronic' and
inserting àny wire or electronic' each place Section 631 of the Communications Act
it appears. of 1934 (47 U.S.C. 551) is amended--
SEC. 210. SCOPE OF SUBPOENAS (1) in subsection (c)(2)--

FOR RECORDS OF ELECTRONIC
COMMUNICATIONS. (A) in subparagraph (B), by striking òr';
Section 2703(c)(2) of title 18, United (B) in subparagraph (C), by striking the
States Code, as redesignated by section 212, period at the end and inserting `; or'; and
is amended--
(C) by inserting at the end the following:
(1) by striking èntity the name, address,
local and long distance telephone toll billing `(D) to a government entity as authorized
records, telephone number or other under chapters 119, 121, or 206 of title 18,
subscriber number or identity, and length of United States Code, except that such
service of a subscriber' and inserting the disclosure shall not include records
following: èntity the-- revealing cable subscriber selection of video
programming from a cable operator.'; and
`(A) name;
(2) in subsection (h), by striking À
`(B) address; governmental entity' and inserting Èxcept
as provided in subsection (c)(2)(D), a
`(C) local and long distance telephone governmental entity'.
connection records, or records of session
times and durations; SEC. 212. EMERGENCY
DISCLOSURE OF ELECTRONIC
`(D) length of service (including start COMMUNICATIONS TO PROTECT LIFE
date) and types of service utilized; AND LIMB.
`(E) telephone or instrument number or (a) DISCLOSURE OF CONTENTS-

other subscriber number or identity,
including any temporarily assigned network (1) IN GENERAL- Section 2702 of title
address; and 18, United States Code, is amended--
`(F) means and source of payment for (A) by striking the section heading and
such service (including any credit card or inserting the following:
bank account number),
`Sec. 2702. Voluntary disclosure of
of a subscriber'; and customer communications or records';
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(B) in subsection (a)-- `(c) EXCEPTIONS FOR DISCLOSURE
OF CUSTOMER RECORDS- A provider
(i) in paragraph (2)(A), by striking ànd' described in subsection (a) may divulge a
at the end; record or other information pertaining to a
subscriber to or customer of such service
(ii) in paragraph (2)(B), by striking the (not including the contents of
period and inserting `; and'; and communications covered by subsection
(a)(1) or (a)(2))--
(iii) by inserting after paragraph (2) the
following: `(1) as otherwise authorized in section
2703;
`(3) a provider of remote computing
service or electronic communication service `(2) with the lawful consent of the
to the public shall not knowingly divulge a customer or subscriber;
record or other information pertaining to a
subscriber to or customer of such service `(3) as may be necessarily incident to the
(not including the contents of rendition of the service or to the protection
communications covered by paragraph (1) of the rights or property of the provider of
or (2)) to any governmental entity.'; that service;
(C) in subsection (b), by striking `(4) to a governmental entity, if the

ÈXCEPTIONS- A person or entity' and provider reasonably believes that an
inserting ÈXCEPTIONS FOR emergency involving immediate danger of
DISCLOSURE OF COMMUNICATIONS- death or serious physical injury to any
A provider described in subsection (a)'; person justifies disclosure of the
information; or
(D) in subsection (b)(6)--
`(5) to any person other than a
(i) in subparagraph (A)(ii), by striking governmental entity.'.
òr';
(2) TECHNICAL AND CONFORMING
(ii) in subparagraph (B), by striking the AMENDMENT- The table of sections for
period and inserting `; or'; and chapter 121 of title 18, United States Code,
is amended by striking the item relating to
(iii) by adding after subparagraph (B) the section 2702 and inserting the following:
following:
`2702. Voluntary disclosure of customer
`(C) if the provider reasonably believes communications or records.'.
that an emergency involving immediate
danger of death or serious physical injury to (b) REQUIREMENTS FOR
any person requires disclosure of the GOVERNMENT ACCESS-
information without delay.'; and
(1) IN GENERAL- Section 2703 of title
(E) by inserting after subsection (b) the 18, United States Code, is amended--
following:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(A) by striking the section heading and `(E) seeks information under paragraph
inserting the following: (2).'; and
`Sec. 2703. Required disclosure of (D) in paragraph (2) (as redesignated) by

customer communications or records'; striking `subparagraph (B)' and insert
`paragraph (1)'.
(B) in subsection (c) by redesignating
paragraph (2) as paragraph (3); (2) TECHNICAL AND CONFORMING
AMENDMENT- The table of sections for
(C) in subsection (c)(1)-- chapter 121 of title 18, United States Code,
is amended by striking the item relating to
(i) by striking `(A) Except as provided in section 2703 and inserting the following:
subparagraph (B), a provider of electronic
communication service or remote computing `2703. Required disclosure of customer
service may' and inserting À governmental communications or records.'.
entity may require a provider of electronic
communication service or remote computing SEC. 213. AUTHORITY FOR
service to'; DELAYING NOTICE OF THE
EXECUTION OF A WARRANT.
(ii) by striking `covered by subsection (a)
or (b) of this section) to any person other Section 3103a of title 18, United States
than a governmental entity. Code, is amended--
`(B) A provider of electronic (1) by inserting `(a) IN GENERAL- '

communication service or remote computing before Ìn addition'; and
service shall disclose a record or other
information pertaining to a subscriber to or (2) by adding at the end the following:
customer of such service (not including the
contents of communications covered by `(b) DELAY- With respect to the
subsection (a) or (b) of this section) to a issuance of any warrant or court order under
governmental entity' and inserting `)'; this section, or any other rule of law, to
search for and seize any property or material
(iii) by redesignating subparagraph (C) that constitutes evidence of a criminal
as paragraph (2); offense in violation of the laws of the United
States, any notice required, or that may be
(iv) by redesignating clauses (i), (ii), (iii), required, to be given may be delayed if--
and (iv) as subparagraphs (A), (B), (C), and
(D), respectively; `(1) the court finds reasonable cause to
believe that providing immediate
(v) in subparagraph (D) (as redesignated) notification of the execution of the warrant
by striking the period and inserting `; or'; may have an adverse result (as defined in
and section 2705);
(vi) by inserting after subparagraph (D) `(2) the warrant prohibits the seizure of
(as redesignated) the following: any tangible property, any wire or electronic
communication (as defined in section 2510),
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
or, except as expressly provided in chapter basis of activities protected by the first
121, any stored wire or electronic amendment to the Constitution.';
information, except where the court finds
reasonable necessity for the seizure; and (3) by striking subsection (c)(3); and
`(3) the warrant provides for the giving (4) by amending subsection (d)(2)(A) to
of such notice within a reasonable period of read as follows:
its execution, which period may thereafter
be extended by the court for good cause `(A) shall specify--
shown.'.
`(i) the identity, if known, of the person
SEC. 214. PEN REGISTER AND TRAP who is the subject of the investigation;
AND TRACE AUTHORITY UNDER
FISA. `(ii) the identity, if known, of the person
to whom is leased or in whose name is listed
(a) APPLICATIONS AND ORDERS- the telephone line or other facility to which
Section 402 of the Foreign Intelligence the pen register or trap and trace device is to
Surveillance Act of 1978 (50 U.S.C. 1842) be attached or applied;
is amended--
`(iii) the attributes of the
(1) in subsection (a)(1), by striking `for communications to which the order applies,
any investigation to gather foreign such as the number or other identifier, and,
intelligence information or information if known, the location of the telephone line
concerning international terrorism' and or other facility to which the pen register or
inserting `for any investigation to obtain trap and trace device is to be attached or
foreign intelligence information not applied and, in the case of a trap and trace
concerning a United States person or to device, the geographic limits of the trap and
protect against international terrorism or trace order.'.
clandestine intelligence activities, provided
that such investigation of a United States (b) AUTHORIZATION DURING
person is not conducted solely upon the EMERGENCIES- Section 403 of the
basis of activities protected by the first Foreign Intelligence Surveillance Act of
amendment to the Constitution'; 1978 (50 U.S.C. 1843) is amended--
(2) by amending subsection (c)(2) to read (1) in subsection (a), by striking `foreign
as follows: intelligence information or information
concerning international terrorism' and
`(2) a certification by the applicant that inserting `foreign intelligence information
the information likely to be obtained is not concerning a United States person or
foreign intelligence information not information to protect against international
concerning a United States person or is terrorism or clandestine intelligence
relevant to an ongoing investigation to activities, provided that such investigation of
protect against international terrorism or a United States person is not conducted
clandestine intelligence activities, provided solely upon the basis of activities protected
that such investigation of a United States by the first amendment to the Constitution';
person is not conducted solely upon the and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(2) in subsection (b)(1), by striking `(A) be conducted under guidelines

`foreign intelligence information or approved by the Attorney General under
information concerning international Executive Order 12333 (or a successor
terrorism' and inserting `foreign intelligence order); and
information not concerning a United States
person or information to protect against `(B) not be conducted of a United States
international terrorism or clandestine person solely upon the basis of activities
intelligence activities, provided that such protected by the first amendment to the
investigation of a United States person is not Constitution of the United States.
conducted solely upon the basis of activities
protected by the first amendment to the `(b) Each application under this section--
Constitution'.
`(1) shall be made to--
SEC. 215. ACCESS TO RECORDS
AND OTHER ITEMS UNDER THE `(A) a judge of the court established by
FOREIGN INTELLIGENCE section 103(a); or
SURVEILLANCE ACT.
`(B) a United States Magistrate Judge
Title V of the Foreign Intelligence under chapter 43 of title 28, United States
Surveillance Act of 1978 (50 U.S.C. 1861 et Code, who is publicly designated by the
seq.) is amended by striking sections 501 Chief Justice of the United States to have the
through 503 and inserting the following: power to hear applications and grant orders
for the production of tangible things under
`SEC. 501. ACCESS TO CERTAIN this section on behalf of a judge of that
BUSINESS RECORDS FOR FOREIGN court; and
INTELLIGENCE AND INTERNATIONAL
TERRORISM INVESTIGATIONS. `(2) shall specify that the records
concerned are sought for an authorized
`(a)(1) The Director of the Federal investigation conducted in accordance with
Bureau of Investigation or a designee of the subsection (a)(2) to protect against
Director (whose rank shall be no lower than international terrorism or clandestine
Assistant Special Agent in Charge) may intelligence activities.
make an application for an order requiring
the production of any tangible things `(c)(1) Upon an application made
(including books, records, papers, pursuant to this section, the judge shall enter
documents, and other items) for an an ex parte order as requested, or as
investigation to protect against international modified, approving the release of records if
terrorism or clandestine intelligence the judge finds that the application meets the
activities, provided that such investigation of requirements of this section.
a United States person is not conducted
solely upon the basis of activities protected `(2) An order under this subsection shall
by the first amendment to the Constitution. not disclose that it is issued for purposes of
an investigation described in subsection (a).
`(2) An investigation conducted under
this section shall--
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(d) No person shall disclose to any other (a) GENERAL LIMITATIONS- Section
person (other than those persons necessary 3121(c) of title 18, United States Code, is
to produce the tangible things under this amended--
section) that the Federal Bureau of
Investigation has sought or obtained tangible (1) by inserting òr trap and trace device'
things under this section. after `pen register';
`(e) A person who, in good faith, (2) by inserting `, routing, addressing,'

produces tangible things under an order after `dialing'; and
pursuant to this section shall not be liable to
any other person for such production. Such (3) by striking `call processing' and
production shall not be deemed to constitute inserting `the processing and transmitting of
a waiver of any privilege in any other wire or electronic communications so as not
proceeding or context. to include the contents of any wire or
electronic communications'.
`SEC. 502. CONGRESSIONAL
OVERSIGHT. (b) ISSUANCE OF ORDERS-
`(a) On a semiannual basis, the Attorney (1) IN GENERAL- Section 3123(a) of

General shall fully inform the Permanent title 18, United States Code, is amended to
Select Committee on Intelligence of the read as follows:
House of Representatives and the Select
Committee on Intelligence of the Senate `(a) IN GENERAL-
concerning all requests for the production of
tangible things under section 402. `(1) ATTORNEY FOR THE
GOVERNMENT- Upon an application
`(b) On a semiannual basis, the Attorney made under section 3122(a)(1), the court
General shall provide to the Committees on shall enter an ex parte order authorizing the
the Judiciary of the House of installation and use of a pen register or trap
Representatives and the Senate a report and trace device anywhere within the United
setting forth with respect to the preceding 6- States, if the court finds that the attorney for
month period-- the Government has certified to the court
that the information likely to be obtained by
`(1) the total number of applications such installation and use is relevant to an
made for orders approving requests for the ongoing criminal investigation. The order,
production of tangible things under section upon service of that order, shall apply to any
402; and person or entity providing wire or electronic
communication service in the United States
`(2) the total number of such orders whose assistance may facilitate the
either granted, modified, or denied.'. execution of the order. Whenever such an
order is served on any person or entity not
SEC. 216. MODIFICATION OF specifically named in the order, upon
AUTHORITIES RELATING TO USE OF request of such person or entity, the attorney
PEN REGISTERS AND TRAP AND for the Government or law enforcement or
TRACE DEVICES. investigative officer that is serving the order
shall provide written or electronic
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
certification that the order applies to the record this information electronically, the
person or entity being served. record shall be maintained electronically
throughout the installation and use of such
`(2) STATE INVESTIGATIVE OR device.
LAW ENFORCEMENT OFFICER- Upon
an application made under section `(B) The record maintained under
3122(a)(2), the court shall enter an ex parte subparagraph (A) shall be provided ex parte
order authorizing the installation and use of and under seal to the court which entered the
a pen register or trap and trace device within ex parte order authorizing the installation
the jurisdiction of the court, if the court and use of the device within 30 days after
finds that the State law enforcement or termination of the order (including any
investigative officer has certified to the court extensions thereof).'.
that the information likely to be obtained by
such installation and use is relevant to an (2) CONTENTS OF ORDER- Section
ongoing criminal investigation. 3123(b)(1) of title 18, United States Code, is
amended--
`(3)(A) Where the law enforcement
agency implementing an ex parte order (A) in subparagraph (A)--
under this subsection seeks to do so by
installing and using its own pen register or (i) by inserting òr other facility' after
trap and trace device on a packet-switched `telephone line'; and
data network of a provider of electronic
communication service to the public, the (ii) by inserting before the semicolon at
agency shall ensure that a record will be the end òr applied'; and
maintained which will identify--
(B) by striking subparagraph (C) and
`(i) any officer or officers who installed inserting the following:
the device and any officer or officers who
accessed the device to obtain information `(C) the attributes of the communications
from the network; to which the order applies, including the
number or other identifier and, if known, the
`(ii) the date and time the device was location of the telephone line or other
installed, the date and time the device was facility to which the pen register or trap and
uninstalled, and the date, time, and duration trace device is to be attached or applied, and,
of each time the device is accessed to obtain in the case of an order authorizing
information; installation and use of a trap and trace
device under subsection (a)(2), the
`(iii) the configuration of the device at geographic limits of the order; and'.
the time of its installation and any
subsequent modification thereof; and (3) NONDISCLOSURE
REQUIREMENTS- Section 3123(d)(2) of
`(iv) any information which has been title 18, United States Code, is amended--
collected by the device.
(A) by inserting òr other facility' after
To the extent that the pen register or trap `the line'; and
and trace device can be set automatically to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(B) by striking `, or who has been include the contents of any communication;';
ordered by the court' and inserting òr and
applied, or who is obligated by the order'.
(B) by inserting òr process' after à
(c) DEFINITIONS- device'.
(1) COURT OF COMPETENT (4) CONFORMING AMENDMENT-

JURISDICTION- Section 3127(2) of title Section 3127(1) of title 18, United States
18, United States Code, is amended by Code, is amended--
striking subparagraph (A) and inserting the
following: (A) by striking ànd'; and
`(A) any district court of the United (B) by inserting `, and `contents' after
States (including a magistrate judge of such èlectronic communication service'.
a court) or any United States court of
appeals having jurisdiction over the offense (5) TECHNICAL AMENDMENT-
being investigated; or'. Section 3124(d) of title 18, United States
Code, is amended by striking `the terms of'.
(2) PEN REGISTER- Section 3127(3) of
title 18, United States Code, is amended-- (6) CONFORMING AMENDMENT-
Section 3124(b) of title 18, United States
(A) by striking èlectronic or other Code, is amended by inserting òr other
impulses' and all that follows through ìs facility' after `the appropriate line'.
attached' and inserting `dialing, routing,
addressing, or signaling information SEC. 217. INTERCEPTION OF
transmitted by an instrument or facility from COMPUTER TRESPASSER
which a wire or electronic communication is COMMUNICATIONS.
transmitted, provided, however, that such
information shall not include the contents of Chapter 119 of title 18, United States
any communication'; and Code, is amended--
(B) by inserting òr process' after `device' (1) in section 2510--

each place it appears.
(A) in paragraph (18), by striking ànd' at
(3) TRAP AND TRACE DEVICE- the end;
Section 3127(4) of title 18, United States
Code, is amended-- (B) in paragraph (19), by striking the
period and inserting a semicolon; and
(A) by striking òf an instrument' and all
that follows through the semicolon and (C) by inserting after paragraph (19) the
inserting òr other dialing, routing, following:
addressing, and signaling information
reasonably likely to identify the source of a `(20) `protected computer' has the
wire or electronic communication, provided, meaning set forth in section 1030; and
however, that such information shall not
`(21) `computer trespasser'--
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sections 104(a)(7)(B) and section
`(A) means a person who accesses a 303(a)(7)(B) (50 U.S.C. 1804(a)(7)(B) and
protected computer without authorization 1823(a)(7)(B)) of the Foreign Intelligence
and thus has no reasonable expectation of Surveillance Act of 1978 are each amended
privacy in any communication transmitted by striking `the purpose' and inserting à
to, through, or from the protected computer; significant purpose'.
and
SEC. 219. SINGLE-JURISDICTION
`(B) does not include a person known by SEARCH WARRANTS FOR
the owner or operator of the protected TERRORISM.
computer to have an existing contractual
relationship with the owner or operator of Rule 41(a) of the Federal Rules of
the protected computer for access to all or Criminal Procedure is amended by inserting
part of the protected computer.'; and after èxecuted' the following: ànd (3) in an
investigation of domestic terrorism or
(2) in section 2511(2), by inserting at the international terrorism (as defined in section
end the following: 2331 of title 18, United States Code), by a
Federal magistrate judge in any district in
`(i) It shall not be unlawful under this which activities related to the terrorism may
chapter for a person acting under color of have occurred, for a search of property or
law to intercept the wire or electronic for a person within or outside the district'.
communications of a computer trespasser
transmitted to, through, or from the SEC. 220. NATIONWIDE SERVICE
protected computer, if-- OF SEARCH WARRANTS FOR
ELECTRONIC EVIDENCE.
`(I) the owner or operator of the
protected computer authorizes the (a) IN GENERAL- Chapter 121 of title
interception of the computer trespasser's 18, United States Code, is amended--
communications on the protected computer;
(1) in section 2703, by striking ùnder the
`(II) the person acting under color of law Federal Rules of Criminal Procedure' every
is lawfully engaged in an investigation; place it appears and inserting ùsing the
procedures described in the Federal Rules of
`(III) the person acting under color of Criminal Procedure by a court with
law has reasonable grounds to believe that jurisdiction over the offense under
the contents of the computer trespasser's investigation'; and
communications will be relevant to the
investigation; and (2) in section 2711--
`(IV) such interception does not acquire (A) in paragraph (1), by striking ànd';
communications other than those transmitted
to or from the computer trespasser.'. (B) in paragraph (2), by striking the
period and inserting `; and'; and
SEC. 218. FOREIGN INTELLIGENCE
INFORMATION. (C) by inserting at the end the following:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(3) the term `court of competent criminal or civil penalties, including any
jurisdiction' has the meaning assigned by executive order or regulation promulgated
section 3127, and includes any Federal court pursuant to such laws (or similar or
within that definition, without geographic successor laws), for the unlawful export of
limitation.'. any agricultural commodity, medicine, or
medical device to--
(b) CONFORMING AMENDMENT-
Section 2703(d) of title 18, United States (1) a foreign organization, group, or
Code, is amended by striking `described in person designated pursuant to Executive
section 3127(2)(A)'. Order 12947 of January 23, 1995, as
amended;
SEC. 221. TRADE SANCTIONS.
(2) a Foreign Terrorist Organization
(a) IN GENERAL- The Trade Sanctions pursuant to the Antiterrorism and Effective
Reform and Export Enhancement Act of Death Penalty Act of 1996 (Public Law 104-
2000 (Public Law 106-387; 114 Stat. 132);
1549A-67) is amended--
(3) a foreign organization, group, or
(1) by amending section 904(2)(C) to person designated pursuant to Executive
read as follows: Order 13224 (September 23, 2001);
`(C) used to facilitate the design, (4) any narcotics trafficking entity
development, or production of chemical or designated pursuant to Executive Order
biological weapons, missiles, or weapons of 12978 (October 21, 1995) or the Foreign
mass destruction.'; Narcotics Kingpin Designation Act (Public
Law 106-120); or
(2) in section 906(a)(1)--
(5) any foreign organization, group, or
(A) by inserting `, the Taliban or the persons subject to any restriction for its
territory of Afghanistan controlled by the involvement in weapons of mass destruction
Taliban,' after `Cuba'; and or missile proliferation.
(B) by inserting `, or in the territory of SEC. 222. ASSISTANCE TO LAW

Afghanistan controlled by the Taliban,' after ENFORCEMENT AGENCIES.
`within such country'; and
Nothing in this Act shall impose any
(3) in section 906(a)(2), by inserting `, or additional technical obligation or
to any other entity in Syria or North Korea' requirement on a provider of a wire or
after `Korea'. electronic communication service or other
person to furnish facilities or technical
(b) APPLICATION OF THE TRADE assistance. A provider of a wire or electronic
SANCTIONS REFORM AND EXPORT communication service, landlord, custodian,
ENHANCEMENT ACT- Nothing in the or other person who furnishes facilities or
Trade Sanctions Reform and Export technical assistance pursuant to section 216
Enhancement Act of 2000 shall limit the shall be reasonably compensated for such
application or scope of any law establishing
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
reasonable expenditures incurred in by an investigative or law enforcement
providing such facilities or assistance. officer or governmental entity of
information beyond the extent permitted by
SEC. 223. CIVIL LIABILITY FOR section 2517 is a violation of this chapter for
CERTAIN UNAUTHORIZED purposes of section 2520(a).
DISCLOSURES.
(b) Section 2707 of title 18, United States
(a) Section 2520 of title 18, United States Code, is amended--
Code, is amended--
(1) in subsection (a), after èntity', by
(1) in subsection (a), after èntity', by inserting `, other than the United States,';
inserting `, other than the United States,';
(2) by striking subsection (d) and
(2) by adding at the end the following: inserting the following:
`(f) ADMINISTRATIVE DISCIPLINE- `(d) ADMINISTRATIVE DISCIPLINE-

If a court or appropriate department or If a court or appropriate department or
agency determines that the United States or agency determines that the United States or
any of its departments or agencies has any of its departments or agencies has
violated any provision of this chapter, and violated any provision of this chapter, and
the court or appropriate department or the court or appropriate department or
agency finds that the circumstances agency finds that the circumstances
surrounding the violation raise serious surrounding the violation raise serious
questions about whether or not an officer or questions about whether or not an officer or
employee of the United States acted employee of the United States acted
willfully or intentionally with respect to the willfully or intentionally with respect to the
violation, the department or agency shall, violation, the department or agency shall,
upon receipt of a true and correct copy of upon receipt of a true and correct copy of
the decision and findings of the court or the decision and findings of the court or
appropriate department or agency promptly appropriate department or agency promptly
initiate a proceeding to determine whether initiate a proceeding to determine whether
disciplinary action against the officer or disciplinary action against the officer or
employee is warranted. If the head of the employee is warranted. If the head of the
department or agency involved determines department or agency involved determines
that disciplinary action is not warranted, he that disciplinary action is not warranted, he
or she shall notify the Inspector General or she shall notify the Inspector General
with jurisdiction over the department or with jurisdiction over the department or
agency concerned and shall provide the agency concerned and shall provide the
Inspector General with the reasons for such Inspector General with the reasons for such
determination.'; and determination.'; and
(3) by adding a new subsection (g), as (3) by adding a new subsection (g), as
follows: follows:
`(g) IMPROPER DISCLOSURE IS `(g) IMPROPER DISCLOSURE- Any

VIOLATION- Any willful disclosure or use willful disclosure of a `record', as that term
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
is defined in section 552a(a) of title 5, `(b) PROCEDURES- (1) Any action
United States Code, obtained by an against the United States under this section
investigative or law enforcement officer, or may be commenced only after a claim is
a governmental entity, pursuant to section presented to the appropriate department or
2703 of this title, or from a device installed agency under the procedures of the Federal
pursuant to section 3123 or 3125 of this title, Tort Claims Act, as set forth in title 28,
that is not a disclosure made in the proper United States Code.
performance of the official functions of the
officer or governmental entity making the `(2) Any action against the United States
disclosure, is a violation of this chapter. This under this section shall be forever barred
provision shall not apply to information unless it is presented in writing to the
previously lawfully disclosed (prior to the appropriate Federal agency within 2 years
commencement of any civil or after such claim accrues or unless action is
administrative proceeding under this begun within 6 months after the date of
chapter) to the public by a Federal, State, or mailing, by certified or registered mail, of
local governmental entity or by the plaintiff notice of final denial of the claim by the
in a civil action under this chapter.'. agency to which it was presented. The claim
shall accrue on the date upon which the
(c)(1) Chapter 121 of title 18, United claimant first has a reasonable opportunity
States Code, is amended by adding at the to discover the violation.'.
end the following:
`(3) Any action under this section shall
`Sec. 2712. Civil actions against the be tried to the court without a jury.
United States
`(4) Notwithstanding any other provision
`(a) IN GENERAL- Any person who is of law, the procedures set forth in section
aggrieved by any willful violation of this 106(f), 305(g), or 405(f) of the Foreign
chapter or of chapter 119 of this title or of Intelligence Surveillance Act of 1978 (50
sections 106(a), 305(a), or 405(a) of the U.S.C. 1801 et seq.) shall be the exclusive
Foreign Intelligence Surveillance Act of means by which materials governed by those
1978 (50 U.S.C. 1801 et seq.) may sections may be reviewed.
commence an action in United States
District Court against the United States to `(5) An amount equal to any award
recover money damages. In any such action, against the United States under this section
if a person who is aggrieved successfully shall be reimbursed by the department or
establishes such a violation of this chapter or agency concerned to the fund described in
of chapter 119 of this title or of the above section 1304 of title 31, United States Code,
specific provisions of title 50, the Court may out of any appropriation, fund, or other
assess as damages-- account (excluding any part of such
appropriation, fund, or account that is
`(1) actual damages, but not less than available for the enforcement of any Federal
$10,000, whichever amount is greater; and law) that is available for the operating
expenses of the department or agency
`(2) litigation costs, reasonably incurred. concerned.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(c) ADMINISTRATIVE DISCIPLINE- in progress at the time at which the request
If a court or appropriate department or for the stay or any subsequent motion to lift
agency determines that the United States or the stay is made. In determining whether an
any of its departments or agencies has investigation or a criminal case is related to
violated any provision of this chapter, and an action commenced under this section, the
the court or appropriate department or court shall consider the degree of similarity
agency finds that the circumstances between the parties, witnesses, facts, and
surrounding the violation raise serious circumstances involved in the 2 proceedings,
questions about whether or not an officer or without requiring that any one or more
employee of the United States acted factors be identical.
willfully or intentionally with respect to the
possible violation, the department or agency `(3) In requesting a stay under paragraph
shall, upon receipt of a true and correct copy (1), the Government may, in appropriate
of the decision and findings of the court or cases, submit evidence ex parte in order to
appropriate department or agency promptly avoid disclosing any matter that may
initiate a proceeding to determine whether adversely affect a related investigation or a
disciplinary action against the officer or related criminal case. If the Government
employee is warranted. If the head of the makes such an ex parte submission, the
department or agency involved determines plaintiff shall be given an opportunity to
that disciplinary action is not warranted, he make a submission to the court, not ex parte,
or she shall notify the Inspector General and the court may, in its discretion, request
with jurisdiction over the department or further information from either party.'.
agency concerned and shall provide the
Inspector General with the reasons for such (2) The table of sections at the beginning
determination. of chapter 121 is amended to read as
follows:
`(d) EXCLUSIVE REMEDY- Any
action against the United States under this `2712. Civil action against the United
subsection shall be the exclusive remedy States.'.
against the United States for any claims
within the purview of this section. SEC. 224. SUNSET.
`(e) STAY OF PROCEEDINGS- (1) (a) IN GENERAL- Except as provided in

Upon the motion of the United States, the subsection (b), this title and the amendments
court shall stay any action commenced made by this title (other than sections
under this section if the court determines 203(a), 203(c), 205, 208, 210, 211, 213, 216,
that civil discovery will adversely affect the 219, 221, and 222, and the amendments
ability of the Government to conduct a made by those sections) shall cease to have
related investigation or the prosecution of a effect on December 31, 2005.
related criminal case. Such a stay shall toll
the limitations periods of paragraph (2) of (b) EXCEPTION- With respect to any
subsection (b). particular foreign intelligence investigation
that began before the date on which the
`(2) In this subsection, the terms `related provisions referred to in subsection (a) cease
criminal case' and `related investigation' to have effect, or with respect to any
mean an actual prosecution or investigation particular offense or potential offense that
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
began or occurred before the date on which financial fuel that permits transnational
such provisions cease to have effect, such criminal enterprises to conduct and expand
provisions shall continue in effect. their operations to the detriment of the
safety and security of American citizens;
SEC. 225. IMMUNITY FOR
COMPLIANCE WITH FISA WIRETAP. (2) money laundering, and the defects in
financial transparency on which money
Section 105 of the Foreign Intelligence launderers rely, are critical to the financing
Surveillance Act of 1978 (50 U.S.C. 1805) of global terrorism and the provision of
is amended by inserting after subsection (g) funds for terrorist attacks;
the following:
(3) money launderers subvert legitimate
`(h) No cause of action shall lie in any financial mechanisms and banking
court against any provider of a wire or relationships by using them as protective
electronic communication service, landlord, covering for the movement of criminal
custodian, or other person (including any proceeds and the financing of crime and
officer, employee, agent, or other specified terrorism, and, by so doing, can threaten the
person thereof) that furnishes any safety of United States citizens and
information, facilities, or technical undermine the integrity of United States
assistance in accordance with a court order financial institutions and of the global
or request for emergency assistance under financial and trading systems upon which
this Act.'. prosperity and growth depend;
TITLE III--INTERNATIONAL (4) certain jurisdictions outside of the

MONEY LAUNDERING ABATEMENT United States that offer òffshore' banking
AND ANTI-TERRORIST FINANCING and related facilities designed to provide
ACT OF 2001 anonymity, coupled with weak financial
supervisory and enforcement regimes,
SEC. 301. SHORT TITLE. provide essential tools to disguise ownership
and movement of criminal funds, derived
This title may be cited as the from, or used to commit, offenses ranging
Ìnternational Money Laundering from narcotics trafficking, terrorism, arms
Abatement and Financial Anti-Terrorism smuggling, and trafficking in human beings,
Act of 2001'. to financial frauds that prey on law-abiding
citizens;
SEC. 302. FINDINGS AND
PURPOSES. (5) transactions involving such offshore
jurisdictions make it difficult for law
(a) FINDINGS- The Congress finds that- enforcement officials and regulators to
- follow the trail of money earned by
criminals, organized international criminal
(1) money laundering, estimated by the enterprises, and global terrorist
International Monetary Fund to amount to organizations;
between 2 and 5 percent of global gross
domestic product, which is at least (6) correspondent banking facilities are
$600,000,000,000 annually, provides the one of the banking mechanisms susceptible
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
in some circumstances to manipulation by (A) banking transactions and financial
foreign banks to permit the laundering of relationships and the conduct of such
funds by hiding the identity of real parties in transactions and relationships, do not
interest to financial transactions; contravene the purposes of subchapter II of
chapter 53 of title 31, United States Code,
(7) private banking services can be section 21 of the Federal Deposit Insurance
susceptible to manipulation by money Act, or chapter 2 of title I of Public Law 91-
launderers, for example corrupt foreign 508 (84 Stat. 1116), or facilitate the evasion
government officials, particularly if those of any such provision; and
services include the creation of offshore
accounts and facilities for large personal (B) the purposes of such provisions of
funds transfers to channel funds into law continue to be fulfilled, and such
accounts around the globe; provisions of law are effectively and
efficiently administered;
(8) United States anti-money laundering
efforts are impeded by outmoded and (3) to strengthen the provisions put into
inadequate statutory provisions that make place by the Money Laundering Control Act
investigations, prosecutions, and forfeitures of 1986 (18 U.S.C. 981 note), especially
more difficult, particularly in cases in which with respect to crimes by non-United States
money laundering involves foreign persons, nationals and foreign financial institutions;
foreign banks, or foreign countries;
(4) to provide a clear national mandate
(9) the ability to mount effective counter- for subjecting to special scrutiny those
measures to international money launderers foreign jurisdictions, financial institutions
requires national, as well as bilateral and operating outside of the United States, and
multilateral action, using tools specially classes of international transactions or types
designed for that effort; and of accounts that pose particular, identifiable
opportunities for criminal abuse;
(10) the Basle Committee on Banking
Regulation and Supervisory Practices and (5) to provide the Secretary of the
the Financial Action Task Force on Money Treasury (in this title referred to as the
Laundering, of both of which the United `Secretary') with broad discretion, subject to
States is a member, have each adopted the safeguards provided by the
international anti-money laundering Administrative Procedure Act under title 5,
principles and recommendations. United States Code, to take measures
tailored to the particular money laundering
(b) PURPOSES- The purposes of this problems presented by specific foreign
title are-- jurisdictions, financial institutions operating
outside of the United States, and classes of
(1) to increase the strength of United international transactions or types of
States measures to prevent, detect, and accounts;
prosecute international money laundering
and the financing of terrorism; (6) to ensure that the employment of
such measures by the Secretary permits
(2) to ensure that-- appropriate opportunity for comment by
affected financial institutions;
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
and to facilitate the repatriation of any stolen
(7) to provide guidance to domestic assets to the citizens of countries to whom
financial institutions on particular foreign such assets belong.
jurisdictions, financial institutions operating
outside of the United States, and classes of SEC. 303. 4-YEAR CONGRESSIONAL
international transactions that are of primary REVIEW; EXPEDITED
money laundering concern to the United CONSIDERATION.
States Government;
(a) IN GENERAL- Effective on and after
(8) to ensure that the forfeiture of any the first day of fiscal year 2005, the
assets in connection with the anti-terrorist provisions of this title and the amendments
efforts of the United States permits for made by this title shall terminate if the
adequate challenge consistent with Congress enacts a joint resolution, the text
providing due process rights; after the resolving clause of which is as
follows: `That provisions of the
(9) to clarify the terms of the safe harbor International Money Laundering Abatement
from civil liability for filing suspicious and Anti-Terrorist Financing Act of 2001,
activity reports; and the amendments made thereby, shall no
longer have the force of law.'.
(10) to strengthen the authority of the
Secretary to issue and administer geographic (b) EXPEDITED CONSIDERATION-
targeting orders, and to clarify that Any joint resolution submitted pursuant to
violations of such orders or any other this section should be considered by the
requirement imposed under the authority Congress expeditiously. In particular, it shall
contained in chapter 2 of title I of Public be considered in the Senate in accordance
Law 91-508 and subchapters II and III of with the provisions of section 601(b) of the
chapter 53 of title 31, United States Code, International Security Assistance and Arms
may result in criminal and civil penalties; Control Act of 1976.
(11) to ensure that all appropriate Subtitle A--International Counter Money

elements of the financial services industry Laundering and Related Measures
are subject to appropriate requirements to
report potential money laundering SEC. 311. SPECIAL MEASURES FOR
transactions to proper authorities, and that JURISDICTIONS, FINANCIAL
jurisdictional disputes do not hinder INSTITUTIONS, OR INTERNATIONAL
examination of compliance by financial TRANSACTIONS OF PRIMARY MONEY
institutions with relevant reporting LAUNDERING CONCERN.
requirements;
(a) IN GENERAL- Subchapter II of
(12) to strengthen the ability of financial chapter 53 of title 31, United States Code, is
institutions to maintain the integrity of their amended by inserting after section 5318 the
employee population; and following new section:
(13) to strengthen measures to prevent `Sec. 5318A. Special measures for

the use of the United States financial system jurisdictions, financial institutions, or
for personal gain by corrupt foreign officials
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
international transactions of primary money `(A) shall be issued together with a
laundering concern notice of proposed rulemaking relating to
the imposition of such special measure; and
`(a) INTERNATIONAL COUNTER-
MONEY LAUNDERING `(B) may not remain in effect for more
REQUIREMENTS- than 120 days, except pursuant to a rule
promulgated on or before the end of the 120-
`(1) IN GENERAL- The Secretary of the day period beginning on the date of issuance
Treasury may require domestic financial of such order.
institutions and domestic financial agencies
to take 1 or more of the special measures `(4) PROCESS FOR SELECTING
described in subsection (b) if the Secretary SPECIAL MEASURES- In selecting which
finds that reasonable grounds exist for special measure or measures to take under
concluding that a jurisdiction outside of the this subsection, the Secretary of the
United States, 1 or more financial Treasury--
institutions operating outside of the United
States, 1 or more classes of transactions `(A) shall consult with the Chairman of
within, or involving, a jurisdiction outside of the Board of Governors of the Federal
the United States, or 1 or more types of Reserve System, any other appropriate
accounts is of primary money laundering Federal banking agency, as defined in
concern, in accordance with subsection (c). section 3 of the Federal Deposit Insurance
Act, the Secretary of State, the Securities
`(2) FORM OF REQUIREMENT- The and Exchange Commission, the Commodity
special measures described in-- Futures Trading Commission, the National
Credit Union Administration Board, and in
`(A) subsection (b) may be imposed in the sole discretion of the Secretary, such
such sequence or combination as the other agencies and interested parties as the
Secretary shall determine; Secretary may find to be appropriate; and
`(B) paragraphs (1) through (4) of `(B) shall consider--

subsection (b) may be imposed by
regulation, order, or otherwise as permitted `(i) whether similar action has been or is
by law; and being taken by other nations or multilateral
groups;
`(C) subsection (b)(5) may be imposed
only by regulation. `(ii) whether the imposition of any
particular special measure would create a
`(3) DURATION OF ORDERS; significant competitive disadvantage,
RULEMAKING- Any order by which a including any undue cost or burden
special measure described in paragraphs (1) associated with compliance, for financial
through (4) of subsection (b) is imposed institutions organized or licensed in the
(other than an order described in section United States;
5326)--
`(iii) the extent to which the action or the
timing of the action would have a significant
adverse systemic impact on the international
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
payment, clearance, and settlement system, `(B) FORM OF RECORDS AND
or on legitimate business activities involving REPORTS- Such records and reports shall
the particular jurisdiction, institution, or be made and retained at such time, in such
class of transactions; and manner, and for such period of time, as the
Secretary shall determine, and shall include
`(iv) the effect of the action on United such information as the Secretary may
States national security and foreign policy. determine, including--
`(5) NO LIMITATION ON OTHER `(i) the identity and address of the

AUTHORITY- This section shall not be participants in a transaction or relationship,
construed as superseding or otherwise including the identity of the originator of
restricting any other authority granted to the any funds transfer;
Secretary, or to any other agency, by this
subchapter or otherwise. `(ii) the legal capacity in which a
participant in any transaction is acting;
`(b) SPECIAL MEASURES- The special
measures referred to in subsection (a), with `(iii) the identity of the beneficial owner
respect to a jurisdiction outside of the of the funds involved in any transaction, in
United States, financial institution operating accordance with such procedures as the
outside of the United States, class of Secretary determines to be reasonable and
transaction within, or involving, a practicable to obtain and retain the
jurisdiction outside of the United States, or 1 information; and
or more types of accounts are as follows:
`(iv) a description of any transaction.
`(1) RECORDKEEPING AND
REPORTING OF CERTAIN FINANCIAL `(2) INFORMATION RELATING TO
TRANSACTIONS- BENEFICIAL OWNERSHIP- In addition to
any other requirement under any other
`(A) IN GENERAL- The Secretary of the provision of law, the Secretary may require
Treasury may require any domestic financial any domestic financial institution or
institution or domestic financial agency to domestic financial agency to take such steps
maintain records, file reports, or both, as the Secretary may determine to be
concerning the aggregate amount of reasonable and practicable to obtain and
transactions, or concerning each transaction, retain information concerning the beneficial
with respect to a jurisdiction outside of the ownership of any account opened or
United States, 1 or more financial maintained in the United States by a foreign
institutions operating outside of the United person (other than a foreign entity whose
States, 1 or more classes of transactions shares are subject to public reporting
within, or involving, a jurisdiction outside of requirements or are listed and traded on a
the United States, or 1 or more types of regulated exchange or trading market), or a
accounts if the Secretary finds any such representative of such a foreign person, that
jurisdiction, institution, or class of involves a jurisdiction outside of the United
transactions to be of primary money States, 1 or more financial institutions
laundering concern. operating outside of the United States, 1 or
more classes of transactions within, or
involving, a jurisdiction outside of the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
United States, or 1 or more types of of the United States, or 1 or more classes of
accounts if the Secretary finds any such transactions within, or involving, a
jurisdiction, institution, or transaction or jurisdiction outside of the United States to
type of account to be of primary money be of primary money laundering concern,
laundering concern. the Secretary may require any domestic
financial institution or domestic financial
`(3) INFORMATION RELATING TO agency that opens or maintains a
CERTAIN PAYABLE-THROUGH correspondent account in the United States
ACCOUNTS- If the Secretary finds a for a foreign financial institution involving
jurisdiction outside of the United States, 1 or any such jurisdiction or any such financial
more financial institutions operating outside institution operating outside of the United
of the United States, or 1 or more classes of States, or a correspondent account through
transactions within, or involving, a which any such transaction may be
jurisdiction outside of the United States to conducted, as a condition of opening or
be of primary money laundering concern, maintaining such account--
the Secretary may require any domestic
financial institution or domestic financial `(A) to identify each customer (and
agency that opens or maintains a payable- representative of such customer) of any such
through account in the United States for a financial institution who is permitted to use,
foreign financial institution involving any or whose transactions are routed through,
such jurisdiction or any such financial such correspondent account; and
institution operating outside of the United
States, or a payable through account through `(B) to obtain, with respect to each such
which any such transaction may be customer (and each such representative),
conducted, as a condition of opening or information that is substantially comparable
maintaining such account-- to that which the depository institution
obtains in the ordinary course of business
`(A) to identify each customer (and with respect to its customers residing in the
representative of such customer) of such United States.
financial institution who is permitted to use,
or whose transactions are routed through, `(5) PROHIBITIONS OR
such payable-through account; and CONDITIONS ON OPENING OR
MAINTAINING CERTAIN
`(B) to obtain, with respect to each such CORRESPONDENT OR PAYABLE-
customer (and each such representative), THROUGH ACCOUNTS- If the Secretary
information that is substantially comparable finds a jurisdiction outside of the United
to that which the depository institution States, 1 or more financial institutions
obtains in the ordinary course of business operating outside of the United States, or 1
with respect to its customers residing in the or more classes of transactions within, or
United States. involving, a jurisdiction outside of the
United States to be of primary money
`(4) INFORMATION RELATING TO laundering concern, the Secretary, in
CERTAIN CORRESPONDENT consultation with the Secretary of State, the
ACCOUNTS- If the Secretary finds a Attorney General, and the Chairman of the
jurisdiction outside of the United States, 1 or Board of Governors of the Federal Reserve
more financial institutions operating outside System, may prohibit, or impose conditions
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
upon, the opening or maintaining in the `(i) evidence that organized criminal
United States of a correspondent account or groups, international terrorists, or both, have
payable- through account by any domestic transacted business in that jurisdiction;
financial institution or domestic financial
agency for or on behalf of a foreign banking `(ii) the extent to which that jurisdiction
institution, if such correspondent account or or financial institutions operating in that
payable-through account involves any such jurisdiction offer bank secrecy or special
jurisdiction or institution, or if any such regulatory advantages to nonresidents or
transaction may be conducted through such nondomiciliaries of that jurisdiction;
correspondent account or payable-through
account. `(iii) the substance and quality of
administration of the bank supervisory and
`(c) CONSULTATIONS AND counter-money laundering laws of that
INFORMATION TO BE CONSIDERED IN jurisdiction;
FINDING JURISDICTIONS,
INSTITUTIONS, TYPES OF ACCOUNTS, `(iv) the relationship between the volume
OR TRANSACTIONS TO BE OF of financial transactions occurring in that
PRIMARY MONEY LAUNDERING jurisdiction and the size of the economy of
CONCERN- the jurisdiction;
`(1) IN GENERAL- In making a finding `(v) the extent to which that jurisdiction
that reasonable grounds exist for concluding is characterized as an offshore banking or
that a jurisdiction outside of the United secrecy haven by credible international
States, 1 or more financial institutions organizations or multilateral expert groups;
operating outside of the United States, 1 or
more classes of transactions within, or `(vi) whether the United States has a
involving, a jurisdiction outside of the mutual legal assistance treaty with that
United States, or 1 or more types of jurisdiction, and the experience of United
accounts is of primary money laundering States law enforcement officials and
concern so as to authorize the Secretary of regulatory officials in obtaining information
the Treasury to take 1 or more of the special about transactions originating in or routed
measures described in subsection (b), the through or to such jurisdiction; and
Secretary shall consult with the Secretary of
State and the Attorney General. `(vii) the extent to which that jurisdiction
is characterized by high levels of official or
`(2) ADDITIONAL institutional corruption.
CONSIDERATIONS- In making a finding
described in paragraph (1), the Secretary `(B) INSTITUTIONAL FACTORS- In
shall consider in addition such information the case of a decision to apply 1 or more of
as the Secretary determines to be relevant, the special measures described in subsection
including the following potentially relevant (b) only to a financial institution or
factors: institutions, or to a transaction or class of
transactions, or to a type of account, or to all
`(A) JURISDICTIONAL FACTORS- In 3, within or involving a particular
the case of a particular jurisdiction-- jurisdiction--
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(i) the extent to which such financial services, dealings, and other financial
institutions, transactions, or types of transactions; and
accounts are used to facilitate or promote
money laundering in or through the `(ii) includes a demand deposit, savings
jurisdiction; deposit, or other transaction or asset account
and a credit account or other extension of
`(ii) the extent to which such institutions, credit.
transactions, or types of accounts are used
for legitimate business purposes in the `(B) CORRESPONDENT ACCOUNT-
jurisdiction; and The term `correspondent account' means an
account established to receive deposits from,
`(iii) the extent to which such action is make payments on behalf of a foreign
sufficient to ensure, with respect to financial institution, or handle other
transactions involving the jurisdiction and financial transactions related to such
institutions operating in the jurisdiction, that institution.
the purposes of this subchapter continue to
be fulfilled, and to guard against `(C) PAYABLE-THROUGH
international money laundering and other ACCOUNT- The term `payable-through
financial crimes. account' means an account, including a
transaction account (as defined in section
`(d) NOTIFICATION OF SPECIAL 19(b)(1)(C) of the Federal Reserve Act),
MEASURES INVOKED BY THE opened at a depository institution by a
SECRETARY- Not later than 10 days after foreign financial institution by means of
the date of any action taken by the Secretary which the foreign financial institution
of the Treasury under subsection (a)(1), the permits its customers to engage, either
Secretary shall notify, in writing, the directly or through a subaccount, in banking
Committee on Financial Services of the activities usual in connection with the
House of Representatives and the business of banking in the United States.
Committee on Banking, Housing, and Urban
Affairs of the Senate of any such action. `(2) DEFINITIONS APPLICABLE TO
INSTITUTIONS OTHER THAN BANKS-
`(e) DEFINITIONS- Notwithstanding With respect to any financial institution
any other provision of this subchapter, for other than a bank, the Secretary shall, after
purposes of this section and subsections (i) consultation with the appropriate Federal
and (j) of section 5318, the following functional regulators (as defined in section
definitions shall apply: 509 of the Gramm-Leach-Bliley Act), define
by regulation the term àccount', and shall
`(1) BANK DEFINITIONS- The include within the meaning of that term, to
following definitions shall apply with the extent, if any, that the Secretary deems
respect to a bank: appropriate, arrangements similar to
payable-through and correspondent
`(A) ACCOUNT- The term àccount'-- accounts.
`(i) means a formal banking or business `(3) REGULATORY DEFINITION OF

relationship established to provide regular BENEFICIAL OWNERSHIP- The
Secretary shall promulgate regulations
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
defining beneficial ownership of an account `(1) IN GENERAL- Each financial
for purposes of this section and subsections institution that establishes, maintains,
(i) and (j) of section 5318. Such regulations administers, or manages a private banking
shall address issues related to an individual's account or a correspondent account in the
authority to fund, direct, or manage the United States for a non-United States
account (including, without limitation, the person, including a foreign individual
power to direct payments into or out of the visiting the United States, or a representative
account), and an individual's material of a non-United States person shall establish
interest in the income or corpus of the appropriate, specific, and, where necessary,
account, and shall ensure that the enhanced, due diligence policies,
identification of individuals under this procedures, and controls that are reasonably
section does not extend to any individual designed to detect and report instances of
whose beneficial interest in the income or money laundering through those accounts.
corpus of the account is immaterial.'.
`(2) ADDITIONAL STANDARDS FOR
`(4) OTHER TERMS- The Secretary CERTAIN CORRESPONDENT
may, by regulation, further define the terms ACCOUNTS-
in paragraphs (1), (2), and (3), and define
other terms for the purposes of this section, `(A) IN GENERAL- Subparagraph (B)
as the Secretary deems appropriate.'. shall apply if a correspondent account is
requested or maintained by, or on behalf of,
(b) CLERICAL AMENDMENT- The a foreign bank operating--
table of sections for subchapter II of chapter
53 of title 31, United States Code, is `(i) under an offshore banking license; or
amended by inserting after the item relating
to section 5318 the following new item: `(ii) under a banking license issued by a
foreign country that has been designated--
`5318A. Special measures for
jurisdictions, financial institutions, or `(I) as noncooperative with international
international transactions of primary money anti-money laundering principles or
laundering concern.'. procedures by an intergovernmental group
or organization of which the United States is
SEC. 312. SPECIAL DUE DILIGENCE a member, with which designation the
FOR CORRESPONDENT ACCOUNTS United States representative to the group or
AND PRIVATE BANKING ACCOUNTS. organization concurs; or
(a) IN GENERAL- Section 5318 of title `(II) by the Secretary of the Treasury as
31, United States Code, is amended by warranting special measures due to money
adding at the end the following: laundering concerns.
`(i) DUE DILIGENCE FOR UNITED `(B) POLICIES, PROCEDURES, AND

STATES PRIVATE BANKING AND CONTROLS- The enhanced due diligence
CORRESPONDENT BANK ACCOUNTS policies, procedures, and controls required
INVOLVING FOREIGN PERSONS- under paragraph (1) shall, at a minimum,
ensure that the financial institution in the
United States takes reasonable steps--
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`(4) DEFINITION- For purposes of this
`(i) to ascertain for any such foreign subsection, the following definitions shall
bank, the shares of which are not publicly apply:
traded, the identity of each of the owners of
the foreign bank, and the nature and extent `(A) OFFSHORE BANKING LICENSE-
of the ownership interest of each such The term òffshore banking license' means a
owner; license to conduct banking activities which,
as a condition of the license, prohibits the
`(ii) to conduct enhanced scrutiny of such licensed entity from conducting banking
account to guard against money laundering activities with the citizens of, or with the
and report any suspicious transactions under local currency of, the country which issued
subsection (g); and the license.'.
`(iii) to ascertain whether such foreign `(B) PRIVATE BANKING ACCOUNT-

bank provides correspondent accounts to The term `private banking account' means
other foreign banks and, if so, the identity of an account (or any combination of accounts)
those foreign banks and related due that--
diligence information, as appropriate under
paragraph (1). `(i) requires a minimum aggregate
deposits of funds or other assets of not less
`(3) MINIMUM STANDARDS FOR than $1,000,000;
PRIVATE BANKING ACCOUNTS- If a
private banking account is requested or `(ii) is established on behalf of 1 or more
maintained by, or on behalf of, a non-United individuals who have a direct or beneficial
States person, then the due diligence ownership interest in the account; and
policies, procedures, and controls required
under paragraph (1) shall, at a minimum, `(iii) is assigned to, or is administered or
ensure that the financial institution takes managed by, in whole or in part, an officer,
reasonable steps-- employee, or agent of a financial institution
acting as a liaison between the financial
`(A) to ascertain the identity of the institution and the direct or beneficial owner
nominal and beneficial owners of, and the of the account.'.
source of funds deposited into, such account
as needed to guard against money (b) REGULATORY AUTHORITY
laundering and report any suspicious AND EFFECTIVE DATE-
transactions under subsection (g); and
(1) REGULATORY AUTHORITY- Not
`(B) to conduct enhanced scrutiny of any later than 180 days after the date of
such account that is requested or maintained enactment of this Act, the Secretary, in
by, or on behalf of, a senior foreign political consultation with the appropriate Federal
figure, or any immediate family member or functional regulators (as defined in section
close associate of a senior foreign political 509 of the Gramm-Leach-Bliley Act) of the
figure that is reasonably designed to detect affected financial institutions, shall further
and report transactions that may involve the delineate, by regulation, the due diligence
proceeds of foreign corruption. policies, procedures, and controls required
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
under section 5318(i)(1) of title 31, United reasonable steps to ensure that any
States Code, as added by this section. correspondent account established,
maintained, administered, or managed by
(2) EFFECTIVE DATE- Section 5318(i) that covered financial institution in the
of title 31, United States Code, as added by United States for a foreign bank is not being
this section, shall take effect 270 days after used by that foreign bank to indirectly
the date of enactment of this Act, whether or provide banking services to another foreign
not final regulations are issued under bank that does not have a physical presence
paragraph (1), and the failure to issue such in any country. The Secretary of the
regulations shall in no way affect the Treasury shall, by regulation, delineate the
enforceability of this section or the reasonable steps necessary to comply with
amendments made by this section. Section this paragraph.
5318(i) of title 31, United States Code, as
added by this section, shall apply with `(3) EXCEPTION- Paragraphs (1) and
respect to accounts covered by that section (2) do not prohibit a covered financial
5318(i), that are opened before, on, or after institution from providing a correspondent
the date of enactment of this Act. account to a foreign bank, if the foreign
bank--
SEC. 313. PROHIBITION ON UNITED
STATES CORRESPONDENT `(A) is an affiliate of a depository
ACCOUNTS WITH FOREIGN SHELL institution, credit union, or foreign bank that
BANKS. maintains a physical presence in the United
States or a foreign country, as applicable;
(a) IN GENERAL- Section 5318 of title and
31, United States Code, as amended by this
title, is amended by adding at the end the `(B) is subject to supervision by a
following: banking authority in the country regulating
the affiliated depository institution, credit
`(j) PROHIBITION ON UNITED union, or foreign bank described in
STATES CORRESPONDENT subparagraph (A), as applicable.
ACCOUNTS WITH FOREIGN SHELL
BANKS- `(4) DEFINITIONS- For purposes of this
subsection--
`(1) IN GENERAL- A financial
institution described in subparagraphs (A) `(A) the term àffiliate' means a foreign
through (G) of section 5312(a)(2) (in this bank that is controlled by or is under
subsection referred to as a `covered financial common control with a depository
institution') shall not establish, maintain, institution, credit union, or foreign bank; and
administer, or manage a correspondent
account in the United States for, or on behalf `(B) the term `physical presence' means a
of, a foreign bank that does not have a place of business that--
physical presence in any country.
`(i) is maintained by a foreign bank;
`(2) PREVENTION OF INDIRECT
SERVICE TO FOREIGN SHELL BANKS- `(ii) is located at a fixed address (other
A covered financial institution shall take than solely an electronic address) in a
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
country in which the foreign bank is procedures for cooperation and information
authorized to conduct banking activities, at sharing focusing on--
which location the foreign bank--
(A) matters specifically related to the
`(I) employs 1 or more individuals on a finances of terrorist groups, the means by
full-time basis; and which terrorist groups transfer funds around
the world and within the United States,
`(II) maintains operating records related including through the use of charitable
to its banking activities; and organizations, nonprofit organizations, and
nongovernmental organizations, and the
`(iii) is subject to inspection by the extent to which financial institutions in the
banking authority which licensed the foreign United States are unwittingly involved in
bank to conduct banking activities.'. such finances and the extent to which such
institutions are at risk as a result;
(b) EFFECTIVE DATE- The amendment
made by subsection (a) shall take effect at (B) the relationship, particularly the
the end of the 60-day period beginning on financial relationship, between international
the date of enactment of this Act. narcotics traffickers and foreign terrorist
organizations, the extent to which their
SEC. 314. COOPERATIVE EFFORTS memberships overlap and engage in joint
TO DETER MONEY LAUNDERING. activities, and the extent to which they
cooperate with each other in raising and
(a) COOPERATION AMONG transferring funds for their respective
FINANCIAL INSTITUTIONS, purposes; and
REGULATORY AUTHORITIES, AND
LAW ENFORCEMENT AUTHORITIES- (C) means of facilitating the
identification of accounts and transactions
(1) REGULATIONS- The Secretary involving terrorist groups and facilitating the
shall, within 120 days after the date of exchange of information concerning such
enactment of this Act, adopt regulations to accounts and transactions between financial
encourage further cooperation among institutions and law enforcement
financial institutions, their regulatory organizations.
authorities, and law enforcement authorities,
with the specific purpose of encouraging (3) CONTENTS- The regulations
regulatory authorities and law enforcement adopted pursuant to paragraph (1) may--
authorities to share with financial
institutions information regarding (A) require that each financial institution
individuals, entities, and organizations designate 1 or more persons to receive
engaged in or reasonably suspected based on information concerning, and to monitor
credible evidence of engaging in terrorist accounts of individuals, entities, and
acts or money laundering activities. organizations identified, pursuant to
paragraph (1); and
(2) COOPERATION AND
INFORMATION SHARING (B) further establish procedures for the
PROCEDURES- The regulations adopted protection of the shared information,
under paragraph (1) may include or create consistent with the capacity, size, and nature
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
of the institution to which the particular (c) RULE OF CONSTRUCTION-
procedures apply. Compliance with the provisions of this title
requiring or allowing financial institutions
(4) RULE OF CONSTRUCTION- The and any association of financial institutions
receipt of information by a financial to disclose or share information regarding
institution pursuant to this section shall not individuals, entities, and organizations
relieve or otherwise modify the obligations engaged in or suspected of engaging in
of the financial institution with respect to terrorist acts or money laundering activities
any other person or account. shall not constitute a violation of the
provisions of title V of the Gramm-Leach-
(5) USE OF INFORMATION- Bliley Act (Public Law 106-102).
Information received by a financial
institution pursuant to this section shall not (d) REPORTS TO THE FINANCIAL
be used for any purpose other than SERVICES INDUSTRY ON SUSPICIOUS
identifying and reporting on activities that FINANCIAL ACTIVITIES- At least
may involve terrorist acts or money semiannually, the Secretary shall--
laundering activities.
(1) publish a report containing a detailed
(b) COOPERATION AMONG analysis identifying patterns of suspicious
FINANCIAL INSTITUTIONS- Upon notice activity and other investigative insights
provided to the Secretary, 2 or more derived from suspicious activity reports and
financial institutions and any association of investigations conducted by Federal, State,
financial institutions may share information and local law enforcement agencies to the
with one another regarding individuals, extent appropriate; and
entities, organizations, and countries
suspected of possible terrorist or money (2) distribute such report to financial
laundering activities. A financial institution institutions (as defined in section 5312 of
or association that transmits, receives, or title 31, United States Code).
shares such information for the purposes of
identifying and reporting activities that may SEC. 315. INCLUSION OF FOREIGN
involve terrorist acts or money laundering CORRUPTION OFFENSES AS MONEY
activities shall not be liable to any person LAUNDERING CRIMES.
under any law or regulation of the United
States, any constitution, law, or regulation of Section 1956(c)(7) of title 18, United
any State or political subdivision thereof, or States Code, is amended--
under any contract or other legally
enforceable agreement (including any (1) in subparagraph (B)--
arbitration agreement), for such disclosure
or for any failure to provide notice of such (A) in clause (ii), by striking òr
disclosure to the person who is the subject of destruction of property by means of
such disclosure, or any other person explosive or fire' and inserting `destruction
identified in the disclosure, except where of property by means of explosive or fire, or
such transmission, receipt, or sharing a crime of violence (as defined in section
violates this section or regulations 16)';
promulgated pursuant to this section.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(B) in clause (iii), by striking `1978' and (D) by inserting àny felony violation of
inserting `1978)'; and the Foreign Agents Registration Act of
1938,' before òr any felony violation of the
(C) by adding at the end the following: Foreign Corrupt Practices Act'.
`(iv) bribery of a public official, or the SEC. 316. ANTI-TERRORIST

misappropriation, theft, or embezzlement of FORFEITURE PROTECTION.
public funds by or for the benefit of a public
official; (a) RIGHT TO CONTEST- An owner of
property that is confiscated under any
`(v) smuggling or export control provision of law relating to the confiscation
violations involving-- of assets of suspected international terrorists,
may contest that confiscation by filing a
`(I) an item controlled on the United claim in the manner set forth in the Federal
States Munitions List established under Rules of Civil Procedure (Supplemental
section 38 of the Arms Export Control Act Rules for Certain Admiralty and Maritime
(22 U.S.C. 2778); or Claims), and asserting as an affirmative
defense that--
`(II) an item controlled under regulations
under the Export Administration (1) the property is not subject to
Regulations (15 C.F.R. Parts 730-774); or confiscation under such provision of law; or
`(vi) an offense with respect to which the (2) the innocent owner provisions of
United States would be obligated by a section 983(d) of title 18, United States
multilateral treaty, either to extradite the Code, apply to the case.
alleged offender or to submit the case for
prosecution, if the offender were found (b) EVIDENCE- In considering a claim
within the territory of the United States;'; filed under this section, a court may admit
and evidence that is otherwise inadmissible
under the Federal Rules of Evidence, if the
(2) in subparagraph (D)-- court determines that the evidence is
reliable, and that compliance with the
(A) by inserting `section 541 (relating to Federal Rules of Evidence may jeopardize
goods falsely classified),' before `section the national security interests of the United
542'; States.
(B) by inserting `section 922(1) (relating (c) CLARIFICATIONS-

to the unlawful importation of firearms),
section 924(n) (relating to firearms (1) PROTECTION OF RIGHTS- The
trafficking),' before `section 956'; exclusion of certain provisions of Federal
law from the definition of the term `civil
(C) by inserting `section 1030 (relating to forfeiture statute' in section 983(i) of title
computer fraud and abuse),' before `1032'; 18, United States Code, shall not be
and construed to deny an owner of property the
right to contest the confiscation of assets of
suspected international terrorists under--
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(2) JURISDICTION OVER FOREIGN
(A) subsection (a) of this section; PERSONS- For purposes of adjudicating an
action filed or enforcing a penalty ordered
(B) the Constitution; or under this section, the district courts shall
have jurisdiction over any foreign person,
(C) subchapter II of chapter 5 of title 5, including any financial institution authorized
United States Code (commonly known as under the laws of a foreign country, against
the Àdministrative Procedure Act'). whom the action is brought, if service of
process upon the foreign person is made
(2) SAVINGS CLAUSE- Nothing in this under the Federal Rules of Civil Procedure
section shall limit or otherwise affect any or the laws of the country in which the
other remedies that may be available to an foreign person is found, and--
owner of property under section 983 of title
18, United States Code, or any other `(A) the foreign person commits an
provision of law. offense under subsection (a) involving a
financial transaction that occurs in whole or
(d) TECHNICAL CORRECTION- in part in the United States;
Section 983(i)(2)(D) of title 18, United
States Code, is amended by inserting òr the `(B) the foreign person converts, to his or
International Emergency Economic Powers her own use, property in which the United
Act (IEEPA) (50 U.S.C. 1701 et seq.)' States has an ownership interest by virtue of
before the semicolon. the entry of an order of forfeiture by a court
of the United States; or
SEC. 317. LONG-ARM
JURISDICTION OVER FOREIGN `(C) the foreign person is a financial
MONEY LAUNDERERS. institution that maintains a bank account at a
financial institution in the United States.
Section 1956(b) of title 18, United States
Code, is amended-- `(3) COURT AUTHORITY OVER
ASSETS- A court described in paragraph (2)
(1) by redesignating paragraphs (1) and may issue a pretrial restraining order or take
(2) as subparagraphs (A) and (B), any other action necessary to ensure that any
respectively, and moving the margins 2 ems bank account or other property held by the
to the right; defendant in the United States is available to
satisfy a judgment under this section.
(2) by inserting after `(b)' the following:
`PENALTIES- `(4) FEDERAL RECEIVER-
`(1) IN GENERAL- '; `(A) IN GENERAL- A court described in

paragraph (2) may appoint a Federal
(3) by inserting `, or section 1957' after Receiver, in accordance with subparagraph
òr (a)(3)'; and (B) of this paragraph, to collect, marshal,
and take custody, control, and possession of
(4) by adding at the end the following: all assets of the defendant, wherever located,
to satisfy a civil judgment under this
subsection, a forfeiture judgment under
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
section 981 or 982, or a criminal sentence `(A) any financial institution, as defined
under section 1957 or subsection (a) of this in section 5312(a)(2) of title 31, United
section, including an order of restitution to States Code, or the regulations promulgated
any victim of a specified unlawful activity. thereunder; and
`(B) APPOINTMENT AND `(B) any foreign bank, as defined in

AUTHORITY- A Federal Receiver section 1 of the International Banking Act of
described in subparagraph (A)-- 1978 (12 U.S.C. 3101).'.
`(i) may be appointed upon application of SEC. 319. FORFEITURE OF FUNDS

a Federal prosecutor or a Federal or State IN UNITED STATES INTERBANK
regulator, by the court having jurisdiction ACCOUNTS.
over the defendant in the case;
(a) FORFEITURE FROM UNITED
`(ii) shall be an officer of the court, and STATES INTERBANK ACCOUNT-
the powers of the Federal Receiver shall Section 981 of title 18, United States Code,
include the powers set out in section 754 of is amended by adding at the end the
title 28, United States Code; and following:
`(iii) shall have standing equivalent to `(k) INTERBANK ACCOUNTS-

that of a Federal prosecutor for the purpose
of submitting requests to obtain information `(1) IN GENERAL-
regarding the assets of the defendant--
`(A) IN GENERAL- For the purpose of a
`(I) from the Financial Crimes forfeiture under this section or under the
Enforcement Network of the Department of Controlled Substances Act (21 U.S.C. 801 et
the Treasury; or seq.), if funds are deposited into an account
at a foreign bank, and that foreign bank has
`(II) from a foreign country pursuant to a an interbank account in the United States
mutual legal assistance treaty, multilateral with a covered financial institution (as
agreement, or other arrangement for defined in section 5318(j)(1) of title 31), the
international law enforcement assistance, funds shall be deemed to have been
provided that such requests are in deposited into the interbank account in the
accordance with the policies and procedures United States, and any restraining order,
of the Attorney General.'. seizure warrant, or arrest warrant in rem
regarding the funds may be served on the
SEC. 318. LAUNDERING MONEY covered financial institution, and funds in
THROUGH A FOREIGN BANK. the interbank account, up to the value of the
funds deposited into the account at the
Section 1956(c) of title 18, United States foreign bank, may be restrained, seized, or
Code, is amended by striking paragraph (6) arrested.
and inserting the following:
`(B) AUTHORITY TO SUSPEND- The
`(6) the term `financial institution' Attorney General, in consultation with the
includes-- Secretary of the Treasury, may suspend or
terminate a forfeiture under this section if
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the Attorney General determines that a into the foreign bank at the time such funds
conflict of law exists between the laws of were deposited; and
the jurisdiction in which the foreign bank is
located and the laws of the United States `(II) does not include either the foreign
with respect to liabilities arising from the bank or any financial institution acting as an
restraint, seizure, or arrest of such funds, and intermediary in the transfer of the funds into
that such suspension or termination would the interbank account.
be in the interest of justice and would not
harm the national interests of the United `(ii) EXCEPTION- The foreign bank
States. may be considered the òwner' of the funds
(and no other person shall qualify as the
`(2) NO REQUIREMENT FOR owner of such funds) only if--
GOVERNMENT TO TRACE FUNDS- If a
forfeiture action is brought against funds `(I) the basis for the forfeiture action is
that are restrained, seized, or arrested under wrongdoing committed by the foreign bank;
paragraph (1), it shall not be necessary for or
the Government to establish that the funds
are directly traceable to the funds that were `(II) the foreign bank establishes, by a
deposited into the foreign bank, nor shall it preponderance of the evidence, that prior to
be necessary for the Government to rely on the restraint, seizure, or arrest of the funds,
the application of section 984. the foreign bank had discharged all or part
of its obligation to the prior owner of the
`(3) CLAIMS BROUGHT BY OWNER funds, in which case the foreign bank shall
OF THE FUNDS- If a forfeiture action is be deemed the owner of the funds to the
instituted against funds restrained, seized, or extent of such discharged obligation.'.
arrested under paragraph (1), the owner of
the funds deposited into the account at the (b) BANK RECORDS- Section 5318 of
foreign bank may contest the forfeiture by title 31, United States Code, as amended by
filing a claim under section 983. this title, is amended by adding at the end
the following:
`(4) DEFINITIONS- For purposes of this
subsection, the following definitions shall `(k) BANK RECORDS RELATED TO
apply: ANTI-MONEY LAUNDERING
PROGRAMS-
`(A) INTERBANK ACCOUNT- The
term ìnterbank account' has the same `(1) DEFINITIONS- For purposes of this
meaning as in section 984(c)(2)(B). subsection, the following definitions shall
apply:
`(B) OWNER-
`(A) APPROPRIATE FEDERAL
`(i) IN GENERAL- Except as provided BANKING AGENCY- The term
in clause (ii), the term òwner'-- àppropriate Federal banking agency' has the
same meaning as in section 3 of the Federal
`(I) means the person who was the Deposit Insurance Act (12 U.S.C. 1813).
owner, as that term is defined in section
983(d)(6), of the funds that were deposited
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(B) INCORPORATED TERM- The `(B) ACCEPTANCE OF SERVICE-
term `correspondent account' has the same
meaning as in section 5318A(f)(1)(B). `(i) MAINTAINING RECORDS IN
THE UNITED STATES- Any covered
`(2) 120-HOUR RULE- Not later than financial institution which maintains a
120 hours after receiving a request by an correspondent account in the United States
appropriate Federal banking agency for for a foreign bank shall maintain records in
information related to anti-money the United States identifying the owners of
laundering compliance by a covered such foreign bank and the name and address
financial institution or a customer of such of a person who resides in the United States
institution, a covered financial institution and is authorized to accept service of legal
shall provide to the appropriate Federal process for records regarding the
banking agency, or make available at a correspondent account.
location specified by the representative of
the appropriate Federal banking agency, `(ii) LAW ENFORCEMENT
information and account documentation for REQUEST- Upon receipt of a written
any account opened, maintained, request from a Federal law enforcement
administered or managed in the United officer for information required to be
States by the covered financial institution. maintained under this paragraph, the
covered financial institution shall provide
`(3) FOREIGN BANK RECORDS- the information to the requesting officer not
later than 7 days after receipt of the request.
`(A) SUMMONS OR SUBPOENA OF
RECORDS- `(C) TERMINATION OF
CORRESPONDENT RELATIONSHIP-
`(i) IN GENERAL- The Secretary of the
Treasury or the Attorney General may issue `(i) TERMINATION UPON RECEIPT
a summons or subpoena to any foreign bank OF NOTICE- A covered financial institution
that maintains a correspondent account in shall terminate any correspondent
the United States and request records related relationship with a foreign bank not later
to such correspondent account, including than 10 business days after receipt of written
records maintained outside of the United notice from the Secretary or the Attorney
States relating to the deposit of funds into General (in each case, after consultation
the foreign bank. with the other) that the foreign bank has
failed--
`(ii) SERVICE OF SUMMONS OR
SUBPOENA- A summons or subpoena `(I) to comply with a summons or
referred to in clause (i) may be served on the subpoena issued under subparagraph (A); or
foreign bank in the United States if the
foreign bank has a representative in the `(II) to initiate proceedings in a United
United States, or in a foreign country States court contesting such summons or
pursuant to any mutual legal assistance subpoena.
treaty, multilateral agreement, or other
request for international law enforcement `(ii) LIMITATION ON LIABILITY- A
assistance. covered financial institution shall not be
liable to any person in any court or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
arbitration proceeding for terminating a
correspondent relationship in accordance `(E) has been commingled with other
with this subsection. property which cannot be divided without
difficulty.
`(iii) FAILURE TO TERMINATE
RELATIONSHIP- Failure to terminate a `(2) SUBSTITUTE PROPERTY- In any
correspondent relationship in accordance case described in any of subparagraphs (A)
with this subsection shall render the covered through (E) of paragraph (1), the court shall
financial institution liable for a civil penalty order the forfeiture of any other property of
of up to $10,000 per day until the the defendant, up to the value of any
correspondent relationship is so terminated.'. property described in subparagraphs (A)
through (E) of paragraph (1), as applicable.
(c) GRACE PERIOD- Financial
institutions shall have 60 days from the date `(3) RETURN OF PROPERTY TO
of enactment of this Act to comply with the JURISDICTION- In the case of property
provisions of section 5318(k) of title 31, described in paragraph (1)(C), the court
United States Code, as added by this section. may, in addition to any other action
authorized by this subsection, order the
(d) AUTHORITY TO ORDER defendant to return the property to the
CONVICTED CRIMINAL TO RETURN jurisdiction of the court so that the property
PROPERTY LOCATED ABROAD- may be seized and forfeited.'.
(1) FORFEITURE OF SUBSTITUTE (2) PROTECTIVE ORDERS- Section

PROPERTY- Section 413(p) of the 413(e) of the Controlled Substances Act (21
Controlled Substances Act (21 U.S.C. 853) U.S.C. 853(e)) is amended by adding at the
is amended to read as follows: end the following:
`(p) FORFEITURE OF SUBSTITUTE `(4) ORDER TO REPATRIATE AND

PROPERTY- DEPOSIT-
`(1) IN GENERAL- Paragraph (2) of this `(A) IN GENERAL- Pursuant to its

subsection shall apply, if any property authority to enter a pretrial restraining order
described in subsection (a), as a result of any under this section, the court may order a
act or omission of the defendant-- defendant to repatriate any property that
may be seized and forfeited, and to deposit
`(A) cannot be located upon the exercise that property pending trial in the registry of
of due diligence; the court, or with the United States Marshals
Service or the Secretary of the Treasury, in
`(B) has been transferred or sold to, or an interest-bearing account, if appropriate.
deposited with, a third party;
`(B) FAILURE TO COMPLY- Failure to
`(C) has been placed beyond the comply with an order under this subsection,
jurisdiction of the court; or an order to repatriate property under
subsection (p), shall be punishable as a civil
`(D) has been substantially diminished in or criminal contempt of court, and may also
value; or result in an enhancement of the sentence of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the defendant under the obstruction of
justice provision of the Federal Sentencing (b) FUTURES COMMISSION
Guidelines.'. MERCHANT; COMMODITY TRADING
ADVISOR; COMMODITY POOL
SEC. 320. PROCEEDS OF FOREIGN OPERATOR- Section 5312 of title 31,
CRIMES. United States Code, is amended by adding at
the end the following new subsection:
Section 981(a)(1)(B) of title 18, United
States Code, is amended to read as follows: `(c) ADDITIONAL DEFINITIONS- For
purposes of this subchapter, the following
`(B) Any property, real or personal, definitions shall apply:
within the jurisdiction of the United States,
constituting, derived from, or traceable to, `(1) CERTAIN INSTITUTIONS
any proceeds obtained directly or indirectly INCLUDED IN DEFINITION- The term
from an offense against a foreign nation, or `financial institution' (as defined in
any property used to facilitate such an subsection (a)) includes the following:
offense, if the offense--
`(A) Any futures commission merchant,
`(i) involves the manufacture, commodity trading advisor, or commodity
importation, sale, or distribution of a pool operator registered, or required to
controlled substance (as that term is defined register, under the Commodity Exchange
for purposes of the Controlled Substances Act.'.
Act), or any other conduct described in
section 1956(c)(7)(B); (c) CFTC INCLUDED- For purposes of
this Act and any amendment made by this
`(ii) would be punishable within the Act to any other provision of law, the term
jurisdiction of the foreign nation by death or `Federal functional regulator' includes the
imprisonment for a term exceeding 1 year; Commodity Futures Trading Commission.
and
SEC. 322. CORPORATION
`(iii) would be punishable under the laws REPRESENTED BY A FUGITIVE.
of the United States by imprisonment for a
term exceeding 1 year, if the act or activity Section 2466 of title 18, United States
constituting the offense had occurred within Code, is amended by designating the present
the jurisdiction of the United States.'. matter as subsection (a), and adding at the
end the following:
SEC. 321. FINANCIAL
INSTITUTIONS SPECIFIED IN `(b) Subsection (a) may be applied to a
SUBCHAPTER II OF CHAPTER 53 OF claim filed by a corporation if any majority
TITLE 31, UNITED STATES CODE. shareholder, or individual filing the claim on
behalf of the corporation is a person to
(a) CREDIT UNIONS- Subparagraph (E) whom subsection (a) applies.'.
of section 5312(2) of title 31, United States
Code, is amended to read as follows: SEC. 323. ENFORCEMENT OF
FOREIGN JUDGMENTS.
`(E) any credit union;'.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Section 2467 of title 28, United States èstablishing that the foreign nation took
Code, is amended-- steps, in accordance with the principles of
due process, to give notice of the
(1) in subsection (d), by adding the proceedings to all persons with an interest in
following after paragraph (2): the property in sufficient time to enable such
persons';
`(3) PRESERVATION OF PROPERTY-
(3) in subsection (d)(1)(D), by striking
`(A) IN GENERAL- To preserve the `the defendant in the proceedings in the
availability of property subject to a foreign foreign court did not receive notice' and
forfeiture or confiscation judgment, the inserting `the foreign nation did not take
Government may apply for, and the court steps, in accordance with the principles of
may issue, a restraining order pursuant to due process, to give notice of the
section 983(j) of title 18, at any time before proceedings to a person with an interest in
or after an application is filed pursuant to the property'; and
subsection (c)(1) of this section.
(4) in subsection (a)(2)(A), by inserting `,
`(B) EVIDENCE- The court, in issuing a any violation of foreign law that would
restraining order under subparagraph (A)-- constitute a violation or an offense for which
property could be forfeited under Federal
`(i) may rely on information set forth in law if the offense were committed in the
an affidavit describing the nature of the United States' after Ùnited Nations
proceeding or investigation underway in the Convention'.
foreign country, and setting forth a
reasonable basis to believe that the property SEC. 324. REPORT AND
to be restrained will be named in a judgment RECOMMENDATION.
of forfeiture at the conclusion of such
proceeding; or Not later than 30 months after the date of
enactment of this Act, the Secretary, in
`(ii) may register and enforce a consultation with the Attorney General, the
restraining order that has been issued by a Federal banking agencies (as defined at
court of competent jurisdiction in the foreign section 3 of the Federal Deposit Insurance
country and certified by the Attorney Act), the National Credit Union
General pursuant to subsection (b)(2). Administration Board, the Securities and
Exchange Commission, and such other
`(C) LIMIT ON GROUNDS FOR agencies as the Secretary may determine, at
OBJECTION- No person may object to a the discretion of the Secretary, shall evaluate
restraining order under subparagraph (A) on the operations of the provisions of this
any ground that is the subject of parallel subtitle and make recommendations to
litigation involving the same property that is Congress as to any legislative action with
pending in a foreign court.'; respect to this subtitle as the Secretary may
determine to be necessary or advisable.
(2) in subsection (b)(1)(C), by striking
èstablishing that the defendant received SEC. 325. CONCENTRATION
notice of the proceedings in sufficient time ACCOUNTS AT FINANCIAL
to enable the defendant' and inserting INSTITUTIONS.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
title, is amended by adding at the end the
Section 5318(h) of title 31, United States following:
Code, as amended by section 202 of this
title, is amended by adding at the end the `(l) IDENTIFICATION AND
following: VERIFICATION OF
ACCOUNTHOLDERS-
`(3) CONCENTRATION ACCOUNTS-
The Secretary may prescribe regulations `(1) IN GENERAL- Subject to the
under this subsection that govern requirements of this subsection, the
maintenance of concentration accounts by Secretary of the Treasury shall prescribe
financial institutions, in order to ensure that regulations setting forth the minimum
such accounts are not used to prevent standards for financial institutions and their
association of the identity of an individual customers regarding the identity of the
customer with the movement of funds of customer that shall apply in connection with
which the customer is the direct or the opening of an account at a financial
beneficial owner, which regulations shall, at institution.
a minimum--
`(2) MINIMUM REQUIREMENTS- The
`(A) prohibit financial institutions from regulations shall, at a minimum, require
allowing clients to direct transactions that financial institutions to implement, and
move their funds into, out of, or through the customers (after being given adequate
concentration accounts of the financial notice) to comply with, reasonable
institution; procedures for--
`(B) prohibit financial institutions and `(A) verifying the identity of any person
their employees from informing customers seeking to open an account to the extent
of the existence of, or the means of reasonable and practicable;
identifying, the concentration accounts of
the institution; and `(B) maintaining records of the
information used to verify a person's
`(C) require each financial institution to identity, including name, address, and other
establish written procedures governing the identifying information; and
documentation of all transactions involving
a concentration account, which procedures `(C) consulting lists of known or
shall ensure that, any time a transaction suspected terrorists or terrorist organizations
involving a concentration account provided to the financial institution by any
commingles funds belonging to 1 or more government agency to determine whether a
customers, the identity of, and specific person seeking to open an account appears
amount belonging to, each customer is on any such list.
documented.'.
`(3) FACTORS TO BE CONSIDERED-
SEC. 326. VERIFICATION OF In prescribing regulations under this
IDENTIFICATION. subsection, the Secretary shall take into
consideration the various types of accounts
(a) IN GENERAL- Section 5318 of title maintained by various types of financial
31, United States Code, as amended by this institutions, the various methods of opening
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
accounts, and the various types of submit a report to the Congress containing
identifying information available. recommendations for--
`(4) CERTAIN FINANCIAL (1) determining the most timely and

INSTITUTIONS- In the case of any effective way to require foreign nationals to
financial institution the business of which is provide domestic financial institutions and
engaging in financial activities described in agencies with appropriate and accurate
section 4(k) of the Bank Holding Company information, comparable to that which is
Act of 1956 (including financial activities required of United States nationals,
subject to the jurisdiction of the Commodity concerning the identity, address, and other
Futures Trading Commission), the related information about such foreign
regulations prescribed by the Secretary nationals necessary to enable such
under paragraph (1) shall be prescribed institutions and agencies to comply with the
jointly with each Federal functional requirements of this section;
regulator (as defined in section 509 of the
Gramm-Leach-Bliley Act, including the (2) requiring foreign nationals to apply
Commodity Futures Trading Commission) for and obtain, before opening an account
appropriate for such financial institution. with a domestic financial institution, an
identification number which would function
`(5) EXEMPTIONS- The Secretary (and, similarly to a Social Security number or tax
in the case of any financial institution identification number; and
described in paragraph (4), any Federal
agency described in such paragraph) may, (3) establishing a system for domestic
by regulation or order, exempt any financial financial institutions and agencies to review
institution or type of account from the information maintained by relevant
requirements of any regulation prescribed Government agencies for purposes of
under this subsection in accordance with verifying the identities of foreign nationals
such standards and procedures as the seeking to open accounts at those
Secretary may prescribe. institutions and agencies.
`(6) EFFECTIVE DATE- Final SEC. 327. CONSIDERATION OF

regulations prescribed under this subsection ANTI-MONEY LAUNDERING RECORD.
shall take effect before the end of the 1-year
period beginning on the date of enactment of (a) BANK HOLDING COMPANY ACT
the International Money Laundering OF 1956-
Abatement and Financial Anti-Terrorism
Act of 2001.'. (1) IN GENERAL- Section 3(c) of the
Bank Holding Company Act of 1956 (12
(b) STUDY AND REPORT U.S.C. 1842(c)) is amended by adding at the
REQUIRED- Within 6 months after the date end the following new paragraph:
of enactment of this Act, the Secretary, in
consultation with the Federal functional `(6) MONEY LAUNDERING- In every
regulators (as defined in section 509 of the case, the Board shall take into consideration
Gramm-Leach-Bliley Act) and other the effectiveness of the company or
appropriate Government agencies, shall companies in combatting money laundering
activities, including in overseas branches.'.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
OF ORIGINATORS OF WIRE
(2) SCOPE OF APPLICATION- The TRANSFERS.
amendment made by paragraph (1) shall
apply with respect to any application The Secretary shall--
submitted to the Board of Governors of the
Federal Reserve System under section 3 of (1) in consultation with the Attorney
the Bank Holding Company Act of 1956 General and the Secretary of State, take all
after December 31, 2001, which has not reasonable steps to encourage foreign
been approved by the Board before the date governments to require the inclusion of the
of enactment of this Act. name of the originator in wire transfer
instructions sent to the United States and
(b) MERGERS SUBJECT TO REVIEW other countries, with the information to
UNDER FEDERAL DEPOSIT remain with the transfer from its origination
INSURANCE ACT- until the point of disbursement; and
(1) IN GENERAL- Section 18(c) of the (2) report annually to the Committee on
Federal Deposit Insurance Act (12 U.S.C. Financial Services of the House of
1828(c)) is amended-- Representatives and the Committee on
Banking, Housing, and Urban Affairs of the
(A) by redesignating paragraph (11) as Senate on--
paragraph (12); and
(A) progress toward the goal enumerated
(B) by inserting after paragraph (10), the in paragraph (1), as well as impediments to
following new paragraph: implementation and an estimated
compliance rate; and
`(11) MONEY LAUNDERING- In every
case, the responsible agency, shall take into (B) impediments to instituting a regime
consideration the effectiveness of any in which all appropriate identification, as
insured depository institution involved in the defined by the Secretary, about wire transfer
proposed merger transaction in combatting recipients shall be included with wire
money laundering activities, including in transfers from their point of origination until
overseas branches.'. disbursement.
(2) SCOPE OF APPLICATION- The SEC. 329. CRIMINAL PENALTIES.

amendment made by paragraph (1) shall
apply with respect to any application Any person who is an official or
submitted to the responsible agency under employee of any department, agency,
section 18(c) of the Federal Deposit bureau, office, commission, or other entity
Insurance Act after December 31, 2001, of the Federal Government, and any other
which has not been approved by all person who is acting for or on behalf of any
appropriate responsible agencies before the such entity, who, directly or indirectly, in
date of enactment of this Act. connection with the administration of this
title, corruptly demands, seeks, receives,
SEC. 328. INTERNATIONAL accepts, or agrees to receive or accept
COOPERATION ON IDENTIFICATION anything of value personally or for any other
person or entity in return for--
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
money laundering or financial or other
(1) being influenced in the performance crimes.
of any official act;
(b) PURPOSES OF NEGOTIATIONS-
(2) being influenced to commit or aid in It is the sense of the Congress that, in
the committing, or to collude in, or allow, carrying out any negotiations described in
any fraud, or make opportunity for the paragraph (1), the President should direct
commission of any fraud, on the United the Secretary of State, the Attorney General,
States; or or the Secretary of the Treasury, as
appropriate, to seek to enter into and further
(3) being induced to do or omit to do any cooperative efforts, voluntary information
act in violation of the official duty of such exchanges, the use of letters rogatory,
official or person, mutual legal assistance treaties, and
international agreements to--
shall be fined in an amount not more than
3 times the monetary equivalent of the thing (1) ensure that foreign banks and other
of value, or imprisoned for not more than 15 financial institutions maintain adequate
years, or both. A violation of this section records of transaction and account
shall be subject to chapter 227 of title 18, information relating to any foreign terrorist
United States Code, and the provisions of organization (as designated under section
the United States Sentencing Guidelines. 219 of the Immigration and Nationality
Act), any person who is a member or
SEC. 330. INTERNATIONAL representative of any such organization, or
COOPERATION IN INVESTIGATIONS any person engaged in money laundering or
OF MONEY LAUNDERING, FINANCIAL financial or other crimes; and
CRIMES, AND THE FINANCES OF
TERRORIST GROUPS. (2) establish a mechanism whereby such
records may be made available to United
(a) NEGOTIATIONS- It is the sense of States law enforcement officials and
the Congress that the President should direct domestic financial institution supervisors,
the Secretary of State, the Attorney General, when appropriate.
or the Secretary of the Treasury, as
appropriate, and in consultation with the Subtitle B--Bank Secrecy Act
Board of Governors of the Federal Reserve Amendments and Related Improvements
System, to seek to enter into negotiations
with the appropriate financial supervisory SEC. 351. AMENDMENTS RELATING
agencies and other officials of any foreign TO REPORTING OF SUSPICIOUS
country the financial institutions of which do ACTIVITIES.
business with United States financial
institutions or which may be utilized by any (a) AMENDMENT RELATING TO
foreign terrorist organization (as designated CIVIL LIABILITY IMMUNITY FOR
under section 219 of the Immigration and DISCLOSURES- Section 5318(g)(3) of title
Nationality Act), any person who is a 31, United States Code, is amended to read
member or representative of any such as follows:
organization, or any person engaged in
`(3) LIABILITY FOR DISCLOSURES-
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(A) IN GENERAL- If a financial
`(A) IN GENERAL- Any financial institution or any director, officer, employee,
institution that makes a voluntary disclosure or agent of any financial institution,
of any possible violation of law or voluntarily or pursuant to this section or any
regulation to a government agency or makes other authority, reports a suspicious
a disclosure pursuant to this subsection or transaction to a government agency--
any other authority, and any director,
officer, employee, or agent of such `(i) the financial institution, director,
institution who makes, or requires another to officer, employee, or agent may not notify
make any such disclosure, shall not be liable any person involved in the transaction that
to any person under any law or regulation of the transaction has been reported; and
the United States, any constitution, law, or
regulation of any State or political `(ii) no officer or employee of the
subdivision of any State, or under any Federal Government or of any State, local,
contract or other legally enforceable tribal, or territorial government within the
agreement (including any arbitration United States, who has any knowledge that
agreement), for such disclosure or for any such report was made may disclose to any
failure to provide notice of such disclosure person involved in the transaction that the
to the person who is the subject of such transaction has been reported, other than as
disclosure or any other person identified in necessary to fulfill the official duties of such
the disclosure. officer or employee.
`(B) RULE OF CONSTRUCTION- `(B) DISCLOSURES IN CERTAIN

Subparagraph (A) shall not be construed as EMPLOYMENT REFERENCES-
creating--
`(i) RULE OF CONSTRUCTION-
`(i) any inference that the term `person', Notwithstanding the application of
as used in such subparagraph, may be subparagraph (A) in any other context,
construed more broadly than its ordinary subparagraph (A) shall not be construed as
usage so as to include any government or prohibiting any financial institution, or any
agency of government; or director, officer, employee, or agent of such
institution, from including information that
`(ii) any immunity against, or otherwise was included in a report to which
affecting, any civil or criminal action subparagraph (A) applies--
brought by any government or agency of
government to enforce any constitution, law, `(I) in a written employment reference
or regulation of such government or that is provided in accordance with section
agency.'. 18(w) of the Federal Deposit Insurance Act
in response to a request from another
(b) PROHIBITION ON financial institution; or
NOTIFICATION OF DISCLOSURES-
Section 5318(g)(2) of title 31, United States `(II) in a written termination notice or
Code, is amended to read as follows: employment reference that is provided in
accordance with the rules of a self-
`(2) NOTIFICATION PROHIBITED- regulatory organization registered with the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Securities and Exchange Commission or the defined in section 509 of the Gramm-Leach-
Commodity Futures Trading Commission, Bliley Act), may prescribe minimum
standards for programs established under
except that such written reference or paragraph (1), and may exempt from the
notice may not disclose that such application of those standards any financial
information was also included in any such institution that is not subject to the
report, or that such report was made. provisions of the rules contained in part 103
of title 31, of the Code of Federal
`(ii) INFORMATION NOT Regulations, or any successor rule thereto,
REQUIRED- Clause (i) shall not be for so long as such financial institution is not
construed, by itself, to create any affirmative subject to the provisions of such rules.'.
duty to include any information described in
clause (i) in any employment reference or (b) EFFECTIVE DATE- The amendment
termination notice referred to in clause (i).'. made by subsection (a) shall take effect at
the end of the 180-day period beginning on
SEC. 352. ANTI-MONEY the date of enactment of this Act.
LAUNDERING PROGRAMS.
(c) DATE OF APPLICATION OF
(a) IN GENERAL- Section 5318(h) of REGULATIONS; FACTORS TO BE
title 31, United States Code, is amended to TAKEN INTO ACCOUNT- Before the end
read as follows: of the 180-day period beginning on the date
of enactment of this Act, the Secretary shall
`(h) ANTI-MONEY LAUNDERING prescribe regulations that consider the extent
PROGRAMS- to which the requirements imposed under
this section are commensurate with the size,
`(1) IN GENERAL- In order to guard location, and activities of the financial
against money laundering through financial institutions to which such regulations apply.
institutions, each financial institution shall
establish anti-money laundering programs, SEC. 353. PENALTIES FOR
including, at a minimum-- VIOLATIONS OF GEOGRAPHIC
TARGETING ORDERS AND CERTAIN
`(A) the development of internal policies, RECORDKEEPING REQUIREMENTS,
procedures, and controls; AND LENGTHENING EFFECTIVE
PERIOD OF GEOGRAPHIC TARGETING
`(B) the designation of a compliance ORDERS.
officer;
(a) CIVIL PENALTY FOR
`(C) an ongoing employee training VIOLATION OF TARGETING ORDER-
program; and Section 5321(a)(1) of title 31, United States
Code, is amended--
`(D) an independent audit function to test
programs. (1) by inserting òr order issued' after
`subchapter or a regulation prescribed'; and
`(2) REGULATIONS- The Secretary of
the Treasury, after consultation with the (2) by inserting `, or willfully violating a
appropriate Federal functional regulator (as regulation prescribed under section 21 of the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Federal Deposit Insurance Act or section prescribed under section 21 of the Federal
123 of Public Law 91-508,' after `sections Deposit Insurance Act or section 123 of
5314 and 5315)'. Public Law 91-508--';
(b) CRIMINAL PENALTIES FOR (3) in paragraph (1), by inserting `, to file

VIOLATION OF TARGETING ORDER- a report or to maintain a record required by
Section 5322 of title 31, United States Code, an order issued under section 5326, or to
is amended-- maintain a record required pursuant to any
regulation prescribed under section 21 of the
(1) in subsection (a)-- Federal Deposit Insurance Act or section
123 of Public Law 91-508' after `regulation
(A) by inserting òr order issued' after prescribed under any such section'; and
`willfully violating this subchapter or a
regulation prescribed'; and (4) in paragraph (2), by inserting `, to file
a report or to maintain a record required by
(B) by inserting `, or willfully violating a any order issued under section 5326, or to
regulation prescribed under section 21 of the maintain a record required pursuant to any
Federal Deposit Insurance Act or section regulation prescribed under section 5326, or
123 of Public Law 91-508,' after ùnder to maintain a record required pursuant to
section 5315 or 5324)'; and any regulation prescribed under section 21
of the Federal Deposit Insurance Act or
(2) in subsection (b)-- section 123 of Public Law 91-508,' after
`regulation prescribed under any such
(A) by inserting òr order issued' after section'.
`willfully violating this subchapter or a
regulation prescribed'; and (d) LENGTHENING EFFECTIVE
PERIOD OF GEOGRAPHIC TARGETING
(B) by inserting òr willfully violating a ORDERS- Section 5326(d) of title 31,
regulation prescribed under section 21 of the United States Code, is amended by striking
Federal Deposit Insurance Act or section `more than 60' and inserting `more than
123 of Public Law 91-508,' after ùnder 180'.
section 5315 or 5324),'.
SEC. 354. ANTI-MONEY
(c) STRUCTURING TRANSACTIONS LAUNDERING STRATEGY.
TO EVADE TARGETING ORDER OR
CERTAIN RECORDKEEPING Section 5341(b) of title 31, United States
REQUIREMENTS- Section 5324(a) of title Code, is amended by adding at the end the
31, United States Code, is amended-- following:
(1) by inserting a comma after `shall'; `(12) DATA REGARDING FUNDING

OF TERRORISM- Data concerning money
(2) by striking `section--' and inserting laundering efforts related to the funding of
`section, the reporting or recordkeeping acts of international terrorism, and efforts
requirements imposed by any order issued directed at the prevention, detection, and
under section 5326, or the recordkeeping prosecution of such funding.'.
requirements imposed by any regulation
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SEC. 355. AUTHORIZATION TO from liability from the person identified in
INCLUDE SUSPICIONS OF ILLEGAL the disclosure.
ACTIVITY IN WRITTEN EMPLOYMENT
REFERENCES. `(4) DEFINITION- For purposes of this
subsection, the term ìnsured depository
Section 18 of the Federal Deposit institution' includes any uninsured branch or
Insurance Act (12 U.S.C. 1828) is amended agency of a foreign bank.'.
by adding at the end the following:
SEC. 356. REPORTING OF
`(w) WRITTEN EMPLOYMENT SUSPICIOUS ACTIVITIES BY
REFERENCES MAY CONTAIN SECURITIES BROKERS AND DEALERS;
SUSPICIONS OF INVOLVEMENT IN INVESTMENT COMPANY STUDY.
ILLEGAL ACTIVITY-
(a) DEADLINE FOR SUSPICIOUS
`(1) AUTHORITY TO DISCLOSE ACTIVITY REPORTING
INFORMATION- Notwithstanding any REQUIREMENTS FOR REGISTERED
other provision of law, any insured BROKERS AND DEALERS- The
depository institution, and any director, Secretary, after consultation with the
officer, employee, or agent of such Securities and Exchange Commission and
institution, may disclose in any written the Board of Governors of the Federal
employment reference relating to a current Reserve System, shall publish proposed
or former institution-affiliated party of such regulations in the Federal Register before
institution which is provided to another January 1, 2002, requiring brokers and
insured depository institution in response to dealers registered with the Securities and
a request from such other institution, Exchange Commission under the Securities
information concerning the possible Exchange Act of 1934 to submit suspicious
involvement of such institution-affiliated activity reports under section 5318(g) of title
party in potentially unlawful activity. 31, United States Code. Such regulations
shall be published in final form not later
`(2) INFORMATION NOT than July 1, 2002.
REQUIRED- Nothing in paragraph (1) shall
be construed, by itself, to create any (b) SUSPICIOUS ACTIVITY
affirmative duty to include any information REPORTING REQUIREMENTS FOR
described in paragraph (1) in any FUTURES COMMISSION MERCHANTS,
employment reference referred to in COMMODITY TRADING ADVISORS,
paragraph (1). AND COMMODITY POOL OPERATORS-
The Secretary, in consultation with the
`(3) MALICIOUS INTENT- Commodity Futures Trading Commission,
Notwithstanding any other provision of this may prescribe regulations requiring futures
subsection, voluntary disclosure made by an commission merchants, commodity trading
insured depository institution, and any advisors, and commodity pool operators
director, officer, employee, or agent of such registered under the Commodity Exchange
institution under this subsection concerning Act to submit suspicious activity reports
potentially unlawful activity that is made under section 5318(g) of title 31, United
with malicious intent, shall not be shielded States Code.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(c) REPORT ON INVESTMENT holders of beneficial or other equity interest,
COMPANIES- as a financial institution within the meaning
of that phrase in section 5312(a)(2)(I) and
(1) IN GENERAL- Not later than 1 year whether to require such corporations or
after the date of enactment of this Act, the trusts to disclose their beneficial owners
Secretary, the Board of Governors of the when opening accounts or initiating funds
Federal Reserve System, and the Securities transfers at any domestic financial
and Exchange Commission shall jointly institution.
submit a report to the Congress on
recommendations for effective regulations to SEC. 357. SPECIAL REPORT ON
apply the requirements of subchapter II of ADMINISTRATION OF BANK
chapter 53 of title 31, United States Code, to SECRECY PROVISIONS.
investment companies pursuant to section
5312(a)(2)(I) of title 31, United States Code. (a) REPORT REQUIRED- Not later than
6 months after the date of enactment of this
(2) DEFINITION- For purposes of this Act, the Secretary shall submit a report to
subsection, the term ìnvestment company'-- the Congress relating to the role of the
Internal Revenue Service in the
(A) has the same meaning as in section 3 administration of subchapter II of chapter 53
of the Investment Company Act of 1940 (15 of title 31, United States Code (commonly
U.S.C. 80a-3); and known as the `Bank Secrecy Act').
(B) includes any person that, but for the (b) CONTENTS- The report required by
exceptions provided for in paragraph (1) or subsection (a)--
(7) of section 3(c) of the Investment
Company Act of 1940 (15 U.S.C. 80a-3(c)), (1) shall specifically address, and contain
would be an investment company. recommendations concerning--
(3) ADDITIONAL (A) whether it is advisable to shift the

RECOMMENDATIONS- The report processing of information reporting to the
required by paragraph (1) may make Department of the Treasury under the Bank
different recommendations for different Secrecy Act provisions to facilities other
types of entities covered by this subsection. than those managed by the Internal Revenue
Service; and
(4) BENEFICIAL OWNERSHIP OF
PERSONAL HOLDING COMPANIES- (B) whether it remains reasonable and
The report described in paragraph (1) shall efficient, in light of the objective of both
also include recommendations as to whether anti-money-laundering programs and
the Secretary should promulgate regulations Federal tax administration, for the Internal
to treat any corporation or business or other Revenue Service to retain authority and
grantor trust whose assets are predominantly responsibility for audit and examination of
securities, bank certificates of deposit, or the compliance of money services
other securities or investment instruments businesses and gaming institutions with
(other than such as relate to operating those Bank Secrecy Act provisions; and
subsidiaries of such corporation or trust) and
that has 5 or fewer common shareholders or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(2) shall, if the Secretary determines that `Sec. 5319. Availability of reports
the information processing responsibility or
the audit and examination responsibility of `The Secretary of the Treasury shall
the Internal Revenue Service, or both, with make information in a report filed under this
respect to those Bank Secrecy Act subchapter available to an agency, including
provisions should be transferred to other any State financial institutions supervisory
agencies, include the specific agency, United States intelligence agency or
recommendations of the Secretary regarding self-regulatory organization registered with
the agency or agencies to which any such the Securities and Exchange Commission or
function should be transferred, complete the Commodity Futures Trading
with a budgetary and resources plan for Commission, upon request of the head of the
expeditiously accomplishing the transfer. agency or organization. The report shall be
available for a purpose that is consistent
SEC. 358. BANK SECRECY with this subchapter. The Secretary may
PROVISIONS AND ACTIVITIES OF only require reports on the use of such
UNITED STATES INTELLIGENCE information by any State financial
AGENCIES TO FIGHT institutions supervisory agency for other
INTERNATIONAL TERRORISM. than supervisory purposes or by United
States intelligence agencies. However, a
(a) AMENDMENT RELATING TO report and records of reports are exempt
THE PURPOSES OF CHAPTER 53 OF from disclosure under section 552 of title 5.'.
TITLE 31, UNITED STATES CODE-
Section 5311 of title 31, United States Code, (d) AMENDMENT RELATING TO
is amended by inserting before the period at THE PURPOSES OF THE BANK
the end the following: `, or in the conduct of SECRECY ACT PROVISIONS- Section
intelligence or counterintelligence activities, 21(a) of the Federal Deposit Insurance Act
including analysis, to protect against (12 U.S.C. 1829b(a)) is amended to read as
international terrorism'. follows:
(b) AMENDMENT RELATING TO `(a) CONGRESSIONAL FINDINGS

REPORTING OF SUSPICIOUS AND DECLARATION OF PURPOSE-
ACTIVITIES- Section 5318(g)(4)(B) of title
31, United States Code, is amended by `(1) FINDINGS- Congress finds that--
striking òr supervisory agency' and
inserting `, supervisory agency, or United `(A) adequate records maintained by
States intelligence agency for use in the insured depository institutions have a high
conduct of intelligence or degree of usefulness in criminal, tax, and
counterintelligence activities, including regulatory investigations or proceedings,
analysis, to protect against international and that, given the threat posed to the
terrorism'. security of the Nation on and after the
terrorist attacks against the United States on
(c) AMENDMENT RELATING TO September 11, 2001, such records may also
AVAILABILITY OF REPORTS- Section have a high degree of usefulness in the
5319 of title 31, United States Code, is conduct of intelligence or
amended to read as follows: counterintelligence activities, including
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
analysis, to protect against domestic and September 11, 2001, such records may also
international terrorism; and have a high degree of usefulness in the
conduct of intelligence or
`(B) microfilm or other reproductions counterintelligence activities, including
and other records made by insured analysis, to protect against international
depository institutions of checks, as well as terrorism, he may by regulation require such
records kept by such institutions, of the bank, institution, or person.'.
identity of persons maintaining or
authorized to act with respect to accounts (f) AMENDMENTS TO THE RIGHT
therein, have been of particular value in TO FINANCIAL PRIVACY ACT- The
proceedings described in subparagraph (A). Right to Financial Privacy Act of 1978 is
amended--
`(2) PURPOSE- It is the purpose of this
section to require the maintenance of (1) in section 1112(a) (12 U.S.C.
appropriate types of records by insured 3412(a)), by inserting `, or intelligence or
depository institutions in the United States counterintelligence activity, investigation or
where such records have a high degree of analysis related to international terrorism'
usefulness in criminal, tax, or regulatory after `legitimate law enforcement inquiry';
investigations or proceedings, recognizes
that, given the threat posed to the security of (2) in section 1114(a)(1) (12 U.S.C.
the Nation on and after the terrorist attacks 3414(a)(1))--
against the United States on September 11,
2001, such records may also have a high (A) in subparagraph (A), by striking òr'
degree of usefulness in the conduct of at the end;
intelligence or counterintelligence activities,
including analysis, to protect against (B) in subparagraph (B), by striking the
international terrorism.'. period at the end and inserting `; or'; and
(e) AMENDMENT RELATING TO (C) by adding at the end the following:

THE PURPOSES OF THE BANK
SECRECY ACT- Section 123(a) of Public `(C) a Government authority authorized
Law 91-508 (12 U.S.C. 1953(a)) is amended to conduct investigations of, or intelligence
to read as follows: or counterintelligence analyses related to,
international terrorism for the purpose of
`(a) REGULATIONS- If the Secretary conducting such investigations or analyses.';
determines that the maintenance of and
appropriate records and procedures by any
uninsured bank or uninsured institution, or (3) in section 1120(a)(2) (12 U.S.C.
any person engaging in the business of 3420(a)(2)), by inserting `, or for a purpose
carrying on in the United States any of the authorized by section 1112(a)' before the
functions referred to in subsection (b), has a semicolon at the end.
high degree of usefulness in criminal, tax, or
regulatory investigations or proceedings, (g) AMENDMENT TO THE FAIR
and that, given the threat posed to the CREDIT REPORTING ACT-
security of the Nation on and after the
terrorist attacks against the United States on
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(1) IN GENERAL- The Fair Credit agency has sought or obtained access to
Reporting Act (15 U.S.C. 1681 et seq.) is information under subsection (a).
amended--
`(d) RULE OF CONSTRUCTION-
(A) by redesignating the second of the 2 Nothing in section 625 shall be construed to
sections designated as section 624 (15 limit the authority of the Director of the
U.S.C. 1681u) (relating to disclosure to FBI Federal Bureau of Investigation under this
for counterintelligence purposes) as section section.
625; and
`(e) SAFE HARBOR- Notwithstanding
(B) by adding at the end the following any other provision of this title, any
new section: consumer reporting agency or agent or
employee thereof making disclosure of
`Sec. 626. Disclosures to governmental consumer reports or other information
agencies for counterterrorism purposes pursuant to this section in good-faith
reliance upon a certification of a
`(a) DISCLOSURE- Notwithstanding governmental agency pursuant to the
section 604 or any other provision of this provisions of this section shall not be liable
title, a consumer reporting agency shall to any person for such disclosure under this
furnish a consumer report of a consumer and subchapter, the constitution of any State, or
all other information in a consumer's file to any law or regulation of any State or any
a government agency authorized to conduct political subdivision of any State.'.
investigations of, or intelligence or
counterintelligence activities or analysis (2) CLERICAL AMENDMENTS- The
related to, international terrorism when table of sections for the Fair Credit
presented with a written certification by Reporting Act (15 U.S.C. 1681 et seq.) is
such government agency that such amended--
information is necessary for the agency's
conduct or such investigation, activity or (A) by redesignating the second of the 2
analysis. items designated as section 624 as section
625; and
`(b) FORM OF CERTIFICATION- The
certification described in subsection (a) shall (B) by inserting after the item relating to
be signed by a supervisory official section 625 (as so redesignated) the
designated by the head of a Federal agency following new item:
or an officer of a Federal agency whose
appointment to office is required to be made `626. Disclosures to governmental
by the President, by and with the advice and agencies for counterterrorism purposes.'.
consent of the Senate.
(h) APPLICATION OF
`(c) CONFIDENTIALITY- No consumer AMENDMENTS- The amendments made
reporting agency, or officer, employee, or by this section shall apply with respect to
agent of such consumer reporting agency, reports filed or records maintained on,
shall disclose to any person, or specify in before, or after the date of enactment of this
any consumer report, that a government Act.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SEC. 359. REPORTING OF money transfer system or any network of
SUSPICIOUS ACTIVITIES BY people who engage as a business in
UNDERGROUND BANKING SYSTEMS. facilitating the transfer of money
domestically or internationally outside of the
(a) DEFINITION FOR SUBCHAPTER- conventional financial institutions system.'.
Section 5312(a)(2)(R) of title 31, United
States Code, is amended to read as follows: (d) REPORT- Not later than 1 year after
the date of enactment of this Act, the
`(R) a licensed sender of money or any Secretary of the Treasury shall report to
other person who engages as a business in Congress on the need for any additional
the transmission of funds, including any legislation relating to persons who engage as
person who engages as a business in an a business in an informal money transfer
informal money transfer system or any system or any network of people who
network of people who engage as a business engage as a business in facilitating the
in facilitating the transfer of money transfer of money domestically or
domestically or internationally outside of the internationally outside of the conventional
conventional financial institutions system;'. financial institutions system, counter money
laundering and regulatory controls relating
(b) MONEY TRANSMITTING to underground money movement and
BUSINESS- Section 5330(d)(1)(A) of title banking systems, including whether the
31, United States Code, is amended by threshold for the filing of suspicious activity
inserting before the semicolon the reports under section 5318(g) of title 31,
following: òr any other person who engages United States Code should be lowered in the
as a business in the transmission of funds, case of such systems.
including any person who engages as a
business in an informal money transfer SEC. 360. USE OF AUTHORITY OF
system or any network of people who UNITED STATES EXECUTIVE
engage as a business in facilitating the DIRECTORS.
transfer of money domestically or
internationally outside of the conventional (a) ACTION BY THE PRESIDENT- If
financial institutions system;'. the President determines that a particular
foreign country has taken or has committed
(c) APPLICABILITY OF RULES- to take actions that contribute to efforts of
Section 5318 of title 31, United States Code, the United States to respond to, deter, or
as amended by this title, is amended by prevent acts of international terrorism, the
adding at the end the following: Secretary may, consistent with other
applicable provisions of law, instruct the
`(l) APPLICABILITY OF RULES- Any United States Executive Director of each
rules promulgated pursuant to the authority international financial institution to use the
contained in section 21 of the Federal voice and vote of the Executive Director to
Deposit Insurance Act (12 U.S.C. 1829b) support any loan or other utilization of the
shall apply, in addition to any other financial funds of respective institutions for such
institution to which such rules apply, to any country, or any public or private entity
person that engages as a business in the within such country.
transmission of funds, including any person
who engages as a business in an informal
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(b) USE OF VOICE AND VOTE- The
Secretary may instruct the United States `(2) DUTIES AND POWERS- The
Executive Director of each international duties and powers of the Director are as
financial institution to aggressively use the follows:
voice and vote of the Executive Director to
require an auditing of disbursements at such `(A) Advise and make recommendations
institutions to ensure that no funds are paid on matters relating to financial intelligence,
to persons who commit, threaten to commit, financial criminal activities, and other
or support terrorism. financial activities to the Under Secretary of
the Treasury for Enforcement.
(c) DEFINITION- For purposes of this
section, the term ìnternational financial `(B) Maintain a government-wide data
institution' means an institution described in access service, with access, in accordance
section 1701(c)(2) of the International with applicable legal requirements, to the
Financial Institutions Act (22 U.S.C. following:
262r(c)(2)).
`(i) Information collected by the
SEC. 361. FINANCIAL CRIMES Department of the Treasury, including report
ENFORCEMENT NETWORK. information filed under subchapter II of
chapter 53 of this title (such as reports on
(a) IN GENERAL- Subchapter I of cash transactions, foreign financial agency
chapter 3 of title 31, United States Code, is transactions and relationships, foreign
amended-- currency transactions, exporting and
importing monetary instruments, and
(1) by redesignating section 310 as suspicious activities), chapter 2 of title I of
section 311; and Public Law 91-508, and section 21 of the
Federal Deposit Insurance Act.
(2) by inserting after section 309 the
following new section: `(ii) Information regarding national and
international currency flows.
`Sec. 310. Financial Crimes Enforcement
Network `(iii) Other records and data maintained
by other Federal, State, local, and foreign
`(a) IN GENERAL- The Financial agencies, including financial and other
Crimes Enforcement Network established by records developed in specific cases.
order of the Secretary of the Treasury
(Treasury Order Numbered 105-08, in this `(iv) Other privately and publicly
section referred to as `FinCEN') on April 25, available information.
1990, shall be a bureau in the Department of
the Treasury. `(C) Analyze and disseminate the
available data in accordance with applicable
`(b) DIRECTOR- legal requirements and policies and
guidelines established by the Secretary of
`(1) APPOINTMENT- The head of the Treasury and the Under Secretary of the
FinCEN shall be the Director, who shall be Treasury for Enforcement to--
appointed by the Secretary of the Treasury.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(i) identify possible criminal activity to foreign law enforcement authorities, in
appropriate Federal, State, local, and foreign accordance with policies and guidelines
law enforcement agencies; established by the Secretary of the Treasury
or the Under Secretary of the Treasury for
`(ii) support ongoing criminal financial Enforcement, in the interest of detection,
investigations and prosecutions and related prevention, and prosecution of terrorism,
proceedings, including civil and criminal tax organized crime, money laundering, and
and forfeiture proceedings; other financial crimes.
`(iii) identify possible instances of `(F) Assist Federal, State, local, and
noncompliance with subchapter II of chapter foreign law enforcement and regulatory
53 of this title, chapter 2 of title I of Public authorities in combatting the use of
Law 91-508, and section 21 of the Federal informal, nonbank networks and payment
Deposit Insurance Act to Federal agencies and barter system mechanisms that permit
with statutory responsibility for enforcing the transfer of funds or the equivalent of
compliance with such provisions and other funds without records and without
appropriate Federal regulatory agencies; compliance with criminal and tax laws.
`(iv) evaluate and recommend possible `(G) Provide computer and data support
uses of special currency reporting and data analysis to the Secretary of the
requirements under section 5326; Treasury for tracking and controlling foreign
assets.
`(v) determine emerging trends and
methods in money laundering and other `(H) Coordinate with financial
financial crimes; intelligence units in other countries on anti-
terrorism and anti-money laundering
`(vi) support the conduct of intelligence initiatives, and similar efforts.
or counterintelligence activities, including
analysis, to protect against international `(I) Administer the requirements of
terrorism; and subchapter II of chapter 53 of this title,
chapter 2 of title I of Public Law 91-508,
`(vii) support government initiatives and section 21 of the Federal Deposit
against money laundering. Insurance Act, to the extent delegated such
authority by the Secretary of the Treasury.
`(D) Establish and maintain a financial
crimes communications center to furnish `(J) Such other duties and powers as the
law enforcement authorities with Secretary of the Treasury may delegate or
intelligence information related to emerging prescribe.
or ongoing investigations and undercover
operations. `(c) REQUIREMENTS RELATING TO
MAINTENANCE AND USE OF DATA
`(E) Furnish research, analytical, and BANKS- The Secretary of the Treasury
informational services to financial shall establish and maintain operating
institutions, appropriate Federal regulatory procedures with respect to the government-
agencies with regard to financial institutions, wide data access service and the financial
and appropriate Federal, State, local, and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
crimes communications center maintained may be necessary for fiscal years 2002,
by FinCEN which provide-- 2003, 2004, and 2005.'.
`(1) for the coordinated and efficient (b) COMPLIANCE WITH REPORTING
transmittal of information to, entry of REQUIREMENTS- The Secretary of the
information into, and withdrawal of Treasury shall study methods for improving
information from, the data maintenance compliance with the reporting requirements
system maintained by the Network, established in section 5314 of title 31,
including-- United States Code, and shall submit a
report on such study to the Congress by the
`(A) the submission of reports through end of the 6-month period beginning on the
the Internet or other secure network, date of enactment of this Act and each 1-
whenever possible; year period thereafter. The initial report
shall include historical data on compliance
`(B) the cataloguing of information in a with such reporting requirements.
manner that facilitates rapid retrieval by law
enforcement personnel of meaningful data; (c) CLERICAL AMENDMENT- The
and table of sections for subchapter I of chapter
3 of title 31, United States Code, is
`(C) a procedure that provides for a amended--
prompt initial review of suspicious activity
reports and other reports, or such other (1) by redesignating the item relating to
means as the Secretary may provide, to section 310 as section 311; and
identify information that warrants immediate
action; and (2) by inserting after the item relating to
section 309 the following new item:
`(2) in accordance with section 552a of
title 5 and the Right to Financial Privacy Act `310. Financial Crimes Enforcement
of 1978, appropriate standards and Network.'.
guidelines for determining--
SEC. 362. ESTABLISHMENT OF
`(A) who is to be given access to the HIGHLY SECURE NETWORK.
information maintained by the Network;
(a) IN GENERAL- The Secretary shall
`(B) what limits are to be imposed on the establish a highly secure network in the
use of such information; and Financial Crimes Enforcement Network
that--
`(C) how information about activities or
relationships which involve or are closely (1) allows financial institutions to file
associated with the exercise of constitutional reports required under subchapter II or III of
rights is to be screened out of the data chapter 53 of title 31, United States Code,
maintenance system. chapter 2 of Public Law 91-508, or section
21 of the Federal Deposit Insurance Act
`(d) AUTHORIZATION OF through the secure network; and
APPROPRIATIONS- There are authorized
to be appropriated for FinCEN such sums as
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(2) provides financial institutions with
alerts and other information regarding SEC. 364. UNIFORM PROTECTION
suspicious activities that warrant immediate AUTHORITY FOR FEDERAL RESERVE
and enhanced scrutiny. FACILITIES.
(b) EXPEDITED DEVELOPMENT- Section 11 of the Federal Reserve Act

The Secretary shall take such action as may (12 U.S.C. 248) is amended by adding at the
be necessary to ensure that the secure end the following:
network required under subsection (a) is
fully operational before the end of the 9- `(q) UNIFORM PROTECTION
month period beginning on the date of AUTHORITY FOR FEDERAL RESERVE
enactment of this Act. FACILITIES-
SEC. 363. INCREASE IN CIVIL AND `(1) Notwithstanding any other provision
CRIMINAL PENALTIES FOR MONEY of law, to authorize personnel to act as law
LAUNDERING. enforcement officers to protect and
safeguard the premises, grounds, property,
(a) CIVIL PENALTIES- Section 5321(a) personnel, including members of the Board,
of title 31, United States Code, is amended of the Board, or any Federal reserve bank,
by adding at the end the following: and operations conducted by or on behalf of
the Board or a reserve bank.
`(7) PENALTIES FOR
INTERNATIONAL COUNTER MONEY `(2) The Board may, subject to the
LAUNDERING VIOLATIONS- The regulations prescribed under paragraph (5),
Secretary may impose a civil money penalty delegate authority to a Federal reserve bank
in an amount equal to not less than 2 times to authorize personnel to act as law
the amount of the transaction, but not more enforcement officers to protect and
than $1,000,000, on any financial institution safeguard the bank's premises, grounds,
or agency that violates any provision of property, personnel, and operations
subsection (i) or (j) of section 5318 or any conducted by or on behalf of the bank.
special measures imposed under section
5318A.'. `(3) Law enforcement officers designated
or authorized by the Board or a reserve bank
(b) CRIMINAL PENALTIES- Section under paragraph (1) or (2) are authorized
5322 of title 31, United States Code, is while on duty to carry firearms and make
amended by adding at the end the following: arrests without warrants for any offense
against the United States committed in their
`(d) A financial institution or agency that presence, or for any felony cognizable under
violates any provision of subsection (i) or (j) the laws of the United States committed or
of section 5318, or any special measures being committed within the buildings and
imposed under section 5318A, or any grounds of the Board or a reserve bank if
regulation prescribed under subsection (i) or they have reasonable grounds to believe that
(j) of section 5318 or section 5318A, shall the person to be arrested has committed or is
be fined in an amount equal to not less than committing such a felony. Such officers
2 times the amount of the transaction, but shall have access to law enforcement
not more than $1,000,000.'. information that may be necessary for the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
protection of the property or personnel of and in such manner as the Secretary may, by
the Board or a reserve bank. regulation, prescribe.
`(4) For purposes of this subsection, the `(b) FORM AND MANNER OF
term `law enforcement officers' means REPORTS- A report is described in this
personnel who have successfully completed subsection if such report--
law enforcement training and are authorized
to carry firearms and make arrests pursuant `(1) is in such form as the Secretary may
to this subsection. prescribe;
`(5) The law enforcement authorities `(2) contains--

provided for in this subsection may be
exercised only pursuant to regulations `(A) the name and address, and such
prescribed by the Board and approved by the other identification information as the
Attorney General.'. Secretary may require, of the person from
whom the coins or currency was received;
SEC. 365. REPORTS RELATING TO
COINS AND CURRENCY RECEIVED IN `(B) the amount of coins or currency
NONFINANCIAL TRADE OR received;
BUSINESS.
`(C) the date and nature of the
(a) REPORTS REQUIRED- Subchapter transaction; and
II of chapter 53 of title 31, United States
Code, is amended by adding at the end the `(D) such other information, including
following new section: the identification of the person filing the
report, as the Secretary may prescribe.
`Sec. 5331. Reports relating to coins and
currency received in nonfinancial trade or `(c) EXCEPTIONS-
business
`(1) AMOUNTS RECEIVED BY
`(a) COIN AND CURRENCY FINANCIAL INSTITUTIONS- Subsection
RECEIPTS OF MORE THAN $10,000- (a) shall not apply to amounts received in a
Any person-- transaction reported under section 5313 and
regulations prescribed under such section.
`(1) who is engaged in a trade or
business; and `(2) TRANSACTIONS OCCURRING
OUTSIDE THE UNITED STATES- Except
`(2) who, in the course of such trade or to the extent provided in regulations
business, receives more than $10,000 in prescribed by the Secretary, subsection (a)
coins or currency in 1 transaction (or 2 or shall not apply to any transaction if the
more related transactions), entire transaction occurs outside the United
States.
shall file a report described in subsection
(b) with respect to such transaction (or `(d) CURRENCY INCLUDES
related transactions) with the Financial FOREIGN CURRENCY AND CERTAIN
Crimes Enforcement Network at such time MONETARY INSTRUMENTS-
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(2) cause or attempt to cause a
`(1) IN GENERAL- For purposes of this nonfinancial trade or business to file a report
section, the term `currency' includes-- required under section 5333 or any
regulation prescribed under such section that
`(A) foreign currency; and contains a material omission or
misstatement of fact; or
`(B) to the extent provided in regulations
prescribed by the Secretary, any monetary `(3) structure or assist in structuring, or
instrument (whether or not in bearer form) attempt to structure or assist in structuring,
with a face amount of not more than any transaction with 1 or more nonfinancial
$10,000. trades or businesses.'.
`(2) SCOPE OF APPLICATION- (2) TECHNICAL AND CONFORMING

Paragraph (1)(B) shall not apply to any AMENDMENTS-
check drawn on the account of the writer in
a financial institution referred to in (A) The heading for subsection (a) of
subparagraph (A), (B), (C), (D), (E), (F), section 5324 of title 31, United States Code,
(G), (J), (K), (R), or (S) of section is amended by inserting ÌNVOLVING
5312(a)(2).'. FINANCIAL INSTITUTIONS' after
`TRANSACTIONS'.
(b) PROHIBITION ON
STRUCTURING TRANSACTIONS- (B) Section 5317(c) of title 31, United
States Code, is amended by striking
(1) IN GENERAL- Section 5324 of title `5324(b)' and inserting `5324(c)'.
31, United States Code, is amended--
(c) DEFINITION OF NONFINANCIAL
(A) by redesignating subsections (b) and TRADE OR BUSINESS-
(c) as subsections (c) and (d), respectively;
and (1) IN GENERAL- Section 5312(a) of
title 31, United States Code, is amended--
(B) by inserting after subsection (a) the
following new subsection: (A) by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively;
`(b) DOMESTIC COIN AND and
CURRENCY TRANSACTIONS
INVOLVING NONFINANCIAL TRADES (B) by inserting after paragraph (3) the
OR BUSINESSES- No person shall, for the following new paragraph:
purpose of evading the report requirements
of section 5333 or any regulation prescribed `(4) NONFINANCIAL TRADE OR
under such section-- BUSINESS- The term `nonfinancial trade or
business' means any trade or business other
`(1) cause or attempt to cause a than a financial institution that is subject to
nonfinancial trade or business to fail to file a the reporting requirements of section 5313
report required under section 5333 or any and regulations prescribed under such
regulation prescribed under such section; section.'.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(2) TECHNICAL AND CONFORMING (1) The Congress established the
AMENDMENTS- currency transaction reporting requirements
in 1970 because the Congress found then
(A) Section 5312(a)(3)(C) of title 31, that such reports have a high degree of
United States Code, is amended by striking usefulness in criminal, tax, and regulatory
`section 5316,' and inserting `sections 5333 investigations and proceedings and the
and 5316,'. usefulness of such reports has only increased
in the years since the requirements were
(B) Subsections (a) through (f) of section established.
5318 of title 31, United States Code, and
sections 5321, 5326, and 5328 of such title (2) In 1994, in response to reports and
are each amended-- testimony that excess amounts of currency
transaction reports were interfering with
(i) by inserting òr nonfinancial trade or effective law enforcement, the Congress
business' after `financial institution' each reformed the currency transaction report
place such term appears; and exemption requirements to provide--
(ii) by inserting òr nonfinancial trades or (A) mandatory exemptions for certain
businesses' after `financial institutions' each reports that had little usefulness for law
place such term appears. enforcement, such as cash transfers between
depository institutions and cash deposits
(c) CLERICAL AMENDMENT- The from government agencies; and
table of sections for chapter 53 of title 31,
United States Code, is amended by inserting (B) discretionary authority for the
after the item relating to section 5332 (as Secretary of the Treasury to provide
added by section 112 of this title) the exemptions, subject to criteria and
following new item: guidelines established by the Secretary, for
financial institutions with regard to regular
`5331. Reports relating to coins and business customers that maintain accounts at
currency received in nonfinancial trade or an institution into which frequent cash
business.'. deposits are made.
(f) REGULATIONS- Regulations which (3) Today there is evidence that some
the Secretary determines are necessary to financial institutions are not utilizing the
implement this section shall be published in exemption system, or are filing reports even
final form before the end of the 6-month if there is an exemption in effect, with the
period beginning on the date of enactment of result that the volume of currency
this Act. transaction reports is once again interfering
with effective law enforcement.
SEC. 366. EFFICIENT USE OF
CURRENCY TRANSACTION REPORT (b) STUDY AND REPORT-
SYSTEM.
(1) STUDY REQUIRED- The Secretary
(a) FINDINGS- The Congress finds the shall conduct a study of--
following:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(A) the possible expansion of the
statutory exemption system in effect under (2) In their effort to avoid using
section 5313 of title 31, United States Code; traditional financial institutions, drug dealers
and and other criminals are forced to move large
quantities of currency in bulk form to and
(B) methods for improving financial through the airports, border crossings, and
institution utilization of the statutory other ports of entry where the currency can
exemption provisions as a way of reducing be smuggled out of the United States and
the submission of currency transaction placed in a foreign financial institution or
reports that have little or no value for law sold on the black market.
enforcement purposes, including
improvements in the systems in effect at (3) The transportation and smuggling of
financial institutions for regular review of cash in bulk form may now be the most
the exemption procedures used at the common form of money laundering, and the
institution and the training of personnel in movement of large sums of cash is one of
its effective use. the most reliable warning signs of drug
trafficking, terrorism, money laundering,
(2) REPORT REQUIRED- The racketeering, tax evasion and similar crimes.
Secretary of the Treasury shall submit a
report to the Congress before the end of the (4) The intentional transportation into or
1-year period beginning on the date of out of the United States of large amounts of
enactment of this Act containing the currency or monetary instruments, in a
findings and conclusions of the Secretary manner designed to circumvent the
with regard to the study required under mandatory reporting provisions of
subsection (a), and such recommendations subchapter II of chapter 53 of title 31,
for legislative or administrative action as the United States Code,, is the equivalent of,
Secretary determines to be appropriate. and creates the same harm as, the smuggling
of goods.
Subtitle C--Currency Crimes and
Protection (5) The arrest and prosecution of bulk
cash smugglers are important parts of law
SEC. 371. BULK CASH SMUGGLING enforcement's effort to stop the laundering
INTO OR OUT OF THE UNITED of criminal proceeds, but the couriers who
STATES. attempt to smuggle the cash out of the
United States are typically low-level
(a) FINDINGS- The Congress finds the employees of large criminal organizations,
following: and thus are easily replaced. Accordingly,
only the confiscation of the smuggled bulk
(1) Effective enforcement of the currency cash can effectively break the cycle of
reporting requirements of subchapter II of criminal activity of which the laundering of
chapter 53 of title 31, United States Code, the bulk cash is a critical part.
and the regulations prescribed under such
subchapter, has forced drug dealers and (6) The current penalties for violations of
other criminals engaged in cash-based the currency reporting requirements are
businesses to avoid using traditional insufficient to provide a deterrent to the
financial institutions. laundering of criminal proceeds. In
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
particular, in cases where the only criminal smuggling offense and subject to
violation under current law is a reporting punishment pursuant to subsection (b).
offense, the law does not adequately provide
for the confiscation of smuggled currency. `(2) CONCEALMENT ON PERSON-
In contrast, if the smuggling of bulk cash For purposes of this section, the
were itself an offense, the cash could be concealment of currency on the person of
confiscated as the corpus delicti of the any individual includes concealment in any
smuggling offense. article of clothing worn by the individual or
in any luggage, backpack, or other container
(b) PURPOSES- The purposes of this worn or carried by such individual.
section are--
`(b) PENALTY-
(1) to make the act of smuggling bulk
cash itself a criminal offense; `(1) TERM OF IMPRISONMENT- A
person convicted of a currency smuggling
(2) to authorize forfeiture of any cash or offense under subsection (a), or a conspiracy
instruments of the smuggling offense; and to commit such offense, shall be imprisoned
for not more than 5 years.
(3) to emphasize the seriousness of the
act of bulk cash smuggling. `(2) FORFEITURE- In addition, the
court, in imposing sentence under paragraph
(c) ENACTMENT OF BULK CASH (1), shall order that the defendant forfeit to
SMUGGLING OFFENSE- Subchapter II of the United States, any property, real or
chapter 53 of title 31, United States Code, is personal, involved in the offense, and any
amended by adding at the end the following: property traceable to such property, subject
to subsection (d) of this section.
`Sec. 5332. Bulk cash smuggling into or
out of the United States `(3) PROCEDURE- The seizure,
restraint, and forfeiture of property under
`(a) CRIMINAL OFFENSE- this section shall be governed by section 413
of the Controlled Substances Act.
`(1) IN GENERAL- Whoever, with the
intent to evade a currency reporting `(4) PERSONAL MONEY
requirement under section 5316, knowingly JUDGMENT- If the property subject to
conceals more than $10,000 in currency or forfeiture under paragraph (2) is unavailable,
other monetary instruments on the person of and the defendant has insufficient substitute
such individual or in any conveyance, article property that may be forfeited pursuant to
of luggage, merchandise, or other container, section 413(p) of the Controlled Substances
and transports or transfers or attempts to Act, the court shall enter a personal money
transport or transfer such currency or judgment against the defendant for the
monetary instruments from a place within amount that would be subject to forfeiture.
the United States to a place outside of the
United States, or from a place outside the `(c) CIVIL FORFEITURE-
United States to a place within the United
States, shall be guilty of a currency `(1) IN GENERAL- Any property
involved in a violation of subsection (a), or a
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
conspiracy to commit such violation, and `(1) CRIMINAL FORFEITURE-
any property traceable to such violation or
conspiracy, may be seized and, subject to `(A) IN GENERAL- The court in
subsection (d) of this section, forfeited to the imposing sentence for any violation of
United States. section 5313, 5316, or 5324 of this title, or
any conspiracy to commit such violation,
`(2) PROCEDURE- The seizure and shall order the defendant to forfeit all
forfeiture shall be governed by the property, real or personal, involved in the
procedures governing civil forfeitures in offense and any property traceable thereto.
money laundering cases pursuant to section
981(a)(1)(A) of title 18, United States Code. `(B) PROCEDURE- Forfeitures under
this paragraph shall be governed by the
`(3) TREATMENT OF CERTAIN procedures established in section 413 of the
PROPERTY AS INVOLVED IN THE Controlled Substances Act.
OFFENSE- For purposes of this subsection
and subsection (b), any currency or other `(2) CIVIL FORFEITURE- Any property
monetary instrument that is concealed or involved in a violation of section 5313,
intended to be concealed in violation of 5316, or 5324 of this title, or any conspiracy
subsection (a) or a conspiracy to commit to commit any such violation, and any
such violation, any article, container, or property traceable to any such violation or
conveyance used, or intended to be used, to conspiracy, may be seized and forfeited to
conceal or transport the currency or other the United States in accordance with the
monetary instrument, and any other property procedures governing civil forfeitures in
used, or intended to be used, to facilitate the money laundering cases pursuant to section
offense, shall be considered property 981(a)(1)(A) of title 18, United States
involved in the offense.'. Code.'.
(c) CLERICAL AMENDMENT- The (b) CONFORMING AMENDMENTS-

table of sections for subchapter II of chapter
53 of title 31, United States Code, is (1) Section 981(a)(1)(A) of title 18,
amended by inserting after the item relating United States Code, is amended--
to section 5331, as added by this Act, the
following new item: (A) by striking òf section 5313(a) or
5324(a) of title 31, or'; and
`5332. Bulk cash smuggling into or out
of the United States.'. (B) by striking `However' and all that
follows through the end of the subparagraph.
SEC. 372. FORFEITURE IN
CURRENCY REPORTING CASES. (2) Section 982(a)(1) of title 18, United
(a) IN GENERAL- Subsection (c) of
section 5317 of title 31, United States Code, (A) by striking òf section 5313(a), 5316,
is amended to read as follows: or 5324 of title 31, or'; and
`(c) FORFEITURE- (B) by striking `However' and all that

follows through the end of the paragraph.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
intended to be used to be used to promote or
SEC. 373. ILLEGAL MONEY support unlawful activity;
TRANSMITTING BUSINESSES.
`(2) the term `money transmitting'
(a) SCIENTER REQUIREMENT FOR includes transferring funds on behalf of the
SECTION 1960 VIOLATION- Section public by any and all means including but
1960 of title 18, United States Code, is not limited to transfers within this country or
amended to read as follows: to locations abroad by wire, check, draft,
facsimile, or courier; and
`Sec. 1960. Prohibition of unlicensed
money transmitting businesses `(3) the term `State' means any State of
the United States, the District of Columbia,
`(a) Whoever knowingly conducts, the Northern Mariana Islands, and any
controls, manages, supervises, directs, or commonwealth, territory, or possession of
owns all or part of an unlicensed money the United States.'.
transmitting business, shall be fined in
accordance with this title or imprisoned not (b) SEIZURE OF ILLEGALLY
more than 5 years, or both. TRANSMITTED FUNDS- Section
981(a)(1)(A) of title 18, United States Code,
`(b) As used in this section-- is amended by striking òr 1957' and
inserting `, 1957 or 1960'.
`(1) the term ùnlicensed money
transmitting business' means a money (c) CLERICAL AMENDMENT- The
transmitting business which affects interstate table of sections for chapter 95 of title 18,
or foreign commerce in any manner or United States Code, is amended in the item
degree and-- relating to section 1960 by striking ìllegal'
and inserting ùnlicensed'.
`(A) is operated without an appropriate
money transmitting license in a State where SEC. 374. COUNTERFEITING
such operation is punishable as a DOMESTIC CURRENCY AND
misdemeanor or a felony under State law, OBLIGATIONS.
whether or not the defendant knew that the
operation was required to be licensed or that (a) COUNTERFEIT ACTS
the operation was so punishable; COMMITTED OUTSIDE THE UNITED
STATES- Section 470 of title 18, United
`(B) fails to comply with the money States Code, is amended--
transmitting business registration
requirements under section 5330 of title 31, (1) in paragraph (2), by inserting ànalog,
United States Code, or regulations digital, or electronic image,' after `plate,
prescribed under such section; or stone,'; and
`(C) otherwise involves the (2) by striking `shall be fined under this
transportation or transmission of funds that title, imprisoned not more than 20 years, or
are known to the defendant to have been both' and inserting `shall be punished as is
derived from a criminal offense or are provided for the like offense within the
United States'.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
retrieval, transmission, or reproduction of
(b) OBLIGATIONS OR SECURITIES any obligation or security, unless such use is
OF THE UNITED STATES- Section 471 of authorized by the Secretary of the
title 18, United States Code, is amended by Treasury.'.
striking `fifteen years' and inserting `20
years'. (3) TECHNICAL AND CONFORMING
AMENDMENT- The heading for section
(c) UTTERING COUNTERFEIT 474 of title 18, United States Code, is
OBLIGATIONS OR SECURITIES- Section amended by striking òr stones' and inserting
472 of title 18, United States Code, is `, stones, or analog, digital, or electronic
amended by striking `fifteen years' and images'.
inserting `20 years'.
(4) CLERICAL AMENDMENT- The
(d) DEALING IN COUNTERFEIT table of sections for chapter 25 of title 18,
OBLIGATIONS OR SECURITIES- Section United States Code, is amended in the item
473 of title 18, United States Code, is relating to section 474 by striking òr stones'
amended by striking `ten years' and inserting and inserting `, stones, or analog, digital, or
`20 years'. electronic images'.
(e) PLATES, STONES, OR ANALOG, (f) TAKING IMPRESSIONS OF

DIGITAL, OR ELECTRONIC IMAGES TOOLS USED FOR OBLIGATIONS OR
FOR COUNTERFEITING OBLIGATIONS SECURITIES- Section 476 of title 18,
OR SECURITIES- United States Code, is amended--
(1) IN GENERAL- Section 474(a) of (1) by inserting ànalog, digital, or

title 18, United States Code, is amended by electronic image,' after ìmpression, stamp,';
inserting after the second paragraph the and
following new paragraph:
(2) by striking `ten years' and inserting
`Whoever, with intent to defraud, makes, `25 years'.
executes, acquires, scans, captures, records,
receives, transmits, reproduces, sells, or has (g) POSSESSING OR SELLING
in such person's control, custody, or IMPRESSIONS OF TOOLS USED FOR
possession, an analog, digital, or electronic OBLIGATIONS OR SECURITIES- Section
image of any obligation or other security of 477 of title 18, United States Code, is
the United States; or'. amended--
(2) AMENDMENT TO DEFINITION- (1) in the first paragraph, by inserting

Section 474(b) of title 18, United States ànalog, digital, or electronic image,' after
Code, is amended by striking the first ìmprint, stamp,';
sentence and inserting the following new
sentence: `For purposes of this section, the (2) in the second paragraph, by inserting
term ànalog, digital, or electronic image' ànalog, digital, or electronic image,' after
includes any analog, digital, or electronic ìmprint, stamp,'; and
method used for the making, execution,
acquisition, scanning, capturing, recording,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(3) in the third paragraph, by striking `ten `Whoever, with intent to defraud, makes,
years' and inserting `25 years'. executes, acquires, scans, captures, records,
receives, transmits, reproduces, sells, or has
(h) CONNECTING PARTS OF in such person's control, custody, or
DIFFERENT NOTES- Section 484 of title possession, an analog, digital, or electronic
18, United States Code, is amended by image of any bond, certificate, obligation, or
striking `five years' and inserting `10 years'. other security of any foreign government, or
of any treasury note, bill, or promise to pay,
(i) BONDS AND OBLIGATIONS OF lawfully issued by such foreign government
CERTAIN LENDING AGENCIES- The and intended to circulate as money; or'.
first and second paragraphs of section 493 of
title 18, United States Code, are each (2) INCREASED SENTENCE- The last
amended by striking `five years' and paragraph of section 481 of title 18, United
inserting `10 years'. States Code, is amended by striking `five
years' and inserting `25 years'.
SEC. 375. COUNTERFEITING
FOREIGN CURRENCY AND (3) TECHNICAL AND CONFORMING
OBLIGATIONS. AMENDMENT- The heading for section
481 of title 18, United States Code, is
(a) FOREIGN OBLIGATIONS OR amended by striking òr stones' and inserting
SECURITIES- Section 478 of title 18, `, stones, or analog, digital, or electronic
United States Code, is amended by striking images'.
`five years' and inserting `20 years'.
(4) CLERICAL AMENDMENT- The
(b) UTTERING COUNTERFEIT table of sections for chapter 25 of title 18,
FOREIGN OBLIGATIONS OR United States Code, is amended in the item
SECURITIES- Section 479 of title 18, relating to section 481 by striking òr stones'
United States Code, is amended by striking and inserting `, stones, or analog, digital, or
`three years' and inserting `20 years'. electronic images'.
(c) POSSESSING COUNTERFEIT (e) FOREIGN BANK NOTES- Section

FOREIGN OBLIGATIONS OR 482 of title 18, United States Code, is
SECURITIES- Section 480 of title 18, amended by striking `two years' and
United States Code, is amended by striking inserting `20 years'.
òne year' and inserting `20 years'.
(f) UTTERING COUNTERFEIT
(d) PLATES, STONES, OR ANALOG, FOREIGN BANK NOTES- Section 483 of
DIGITAL, OR ELECTRONIC IMAGES title 18, United States Code, is amended by
FOR COUNTERFEITING FOREIGN striking òne year' and inserting `20 years'.
OBLIGATIONS OR SECURITIES-
SEC. 376. LAUNDERING THE
(1) IN GENERAL- Section 481 of title PROCEEDS OF TERRORISM.
18, United States Code, is amended by
inserting after the second paragraph the Section 1956(c)(7)(D) of title 18, United
following new paragraph: States Code, is amended by inserting òr
2339B' after `2339A'.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SEC. 402. NORTHERN BORDER
SEC. 377. EXTRATERRITORIAL PERSONNEL.
JURISDICTION.
There are authorized to be appropriated--
Section 1029 of title 18, United States
Code, is amended by adding at the end the (1) such sums as may be necessary to
following: triple the number of Border Patrol personnel
(from the number authorized under current
`(h) Any person who, outside the law), and the necessary personnel and
jurisdiction of the United States, engages in facilities to support such personnel, in each
any act that, if committed within the State along the Northern Border;
jurisdiction of the United States, would
constitute an offense under subsection (a) or (2) such sums as may be necessary to
(b) of this section, shall be subject to the triple the number of Customs Service
fines, penalties, imprisonment, and personnel (from the number authorized
forfeiture provided in this title if-- under current law), and the necessary
personnel and facilities to support such
`(1) the offense involves an access device personnel, at ports of entry in each State
issued, owned, managed, or controlled by a along the Northern Border;
financial institution, account issuer, credit
card system member, or other entity within (3) such sums as may be necessary to
the jurisdiction of the United States; and triple the number of INS inspectors (from
the number authorized on the date of the
`(2) the person transports, delivers, enactment of this Act), and the necessary
conveys, transfers to or through, or personnel and facilities to support such
otherwise stores, secrets, or holds within the personnel, at ports of entry in each State
jurisdiction of the United States, any article along the Northern Border; and
used to assist in the commission of the
offense or the proceeds of such offense or (4) an additional $50,000,000 each to the
property derived therefrom.'. Immigration and Naturalization Service and
the United States Customs Service for
TITLE IV--PROTECTING THE purposes of making improvements in
BORDER technology for monitoring the Northern
Border and acquiring additional equipment
Subtitle A--Protecting the Northern at the Northern Border.
Border
SEC. 403. ACCESS BY THE
SEC. 401. ENSURING ADEQUATE DEPARTMENT OF STATE AND THE
PERSONNEL ON THE NORTHERN INS TO CERTAIN IDENTIFYING
BORDER. INFORMATION IN THE CRIMINAL
HISTORY RECORDS OF VISA
The Attorney General is authorized to APPLICANTS AND APPLICANTS FOR
waive any FTE cap on personnel assigned to ADMISSION TO THE UNITED STATES.
the Immigration and Naturalization Service
on the Northern border. (a) AMENDMENT OF THE
IMMIGRATION AND NATIONALITY
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
ACT- Section 105 of the Immigration and database and destroy previously provided
Nationality Act (8 U.S.C. 1105) is amended- extracts.
-
`(4) Access to an extract does not entitle
(1) in the section heading, by inserting `; the Department of State to obtain the full
DATA EXCHANGE' after `SECURITY content of the corresponding automated
OFFICERS'; criminal history record. To obtain the full
content of a criminal history record, the
(2) by inserting `(a)' after `SEC. 105.'; Department of State shall submit the
applicant's fingerprints and any appropriate
(3) in subsection (a), by inserting ànd fingerprint processing fee authorized by law
border' after ìnternal' the second place it to the Criminal Justice Information Services
appears; and Division of the Federal Bureau of
Investigation.
(4) by adding at the end the following:
`(c) The provision of the extracts
`(b)(1) The Attorney General and the described in subsection (b) may be
Director of the Federal Bureau of reconsidered by the Attorney General and
Investigation shall provide the Department the receiving agency upon the development
of State and the Service access to the and deployment of a more cost-effective and
criminal history record information efficient means of sharing the information.
contained in the National Crime Information
Center's Interstate Identification Index `(d) For purposes of administering this
(NCIC-III), Wanted Persons File, and to any section, the Department of State shall, prior
other files maintained by the National Crime to receiving access to NCIC data but not
Information Center that may be mutually later than 4 months after the date of
agreed upon by the Attorney General and enactment of this subsection, promulgate
the agency receiving the access, for the final regulations--
purpose of determining whether or not a visa
applicant or applicant for admission has a `(1) to implement procedures for the
criminal history record indexed in any such taking of fingerprints; and
file.
`(2) to establish the conditions for the use
`(2) Such access shall be provided by of the information received from the Federal
means of extracts of the records for Bureau of Investigation, in order--
placement in the automated visa lookout or
other appropriate database, and shall be `(A) to limit the redissemination of such
provided without any fee or charge. information;
`(3) The Federal Bureau of Investigation `(B) to ensure that such information is
shall provide periodic updates of the extracts used solely to determine whether or not to
at intervals mutually agreed upon with the issue a visa to an alien or to admit an alien
agency receiving the access. Upon receipt of to the United States;
such updated extracts, the receiving agency
shall make corresponding updates to its
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(C) to ensure the security, necessary to confirm the identity of such
confidentiality, and destruction of such persons applying for a United States visa or
information; and such person seeking to enter the United
States pursuant to a visa.
`(D) to protect any privacy rights of
individuals who are subjects of such (3) ACCESSIBLE- The electronic
information.'. system described in paragraph (2), once
implemented, shall be readily and easily
(b) REPORTING REQUIREMENT- Not accessible to--
later than 2 years after the date of enactment
of this Act, the Attorney General and the (A) all consular officers responsible for
Secretary of State jointly shall report to the issuance of visas;
Congress on the implementation of the
amendments made by this section. (B) all Federal inspection agents at all
United States border inspection points; and
(c) TECHNOLOGY STANDARD TO
CONFIRM IDENTITY- (C) all law enforcement and intelligence
officers as determined by regulation to be
(1) IN GENERAL- The Attorney responsible for investigation or
General and the Secretary of State jointly, identification of aliens admitted to the
through the National Institute of Standards United States pursuant to a visa.
and Technology (NIST), and in consultation
with the Secretary of the Treasury and other (4) REPORT- Not later than 18 months
Federal law enforcement and intelligence after the date of the enactment of this Act,
agencies the Attorney General or Secretary and every 2 years thereafter, the Attorney
of State deems appropriate and in General and the Secretary of State shall
consultation with Congress, shall within 2 jointly, in consultation with the Secretary of
years after the date of the enactment of this Treasury, report to Congress describing the
section, develop and certify a technology development, implementation, efficacy, and
standard that can be used to verify the privacy implications of the technology
identity of persons applying for a United standard and electronic database system
States visa or such persons seeking to enter described in this subsection.
the United States pursuant to a visa for the
purposes of conducting background checks, (5) FUNDING- There is authorized to be
confirming identity, and ensuring that a appropriated to the Secretary of State, the
person has not received a visa under a Attorney General, and the Director of the
different name or such person seeking to National Institute of Standards and
enter the United States pursuant to a visa. Technology such sums as may be necessary
to carry out the provisions of this subsection.
(2) INTEGRATED- The technology
standard developed pursuant to paragraph (d) STATUTORY CONSTRUCTION-
(1), shall be the technological basis for a Nothing in this section, or in any other law,
cross-agency, cross-platform electronic shall be construed to limit the authority of
system that is a cost-effective, efficient, the Attorney General or the Director of the
fully integrated means to share law Federal Bureau of Investigation to provide
enforcement and intelligence information access to the criminal history record
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
information contained in the National Crime Treasury, and the Secretary of
Information Center's (NCIC) Interstate Transportation, shall report to Congress on
Identification Index (NCIC-III), or to any the feasibility of enhancing the Integrated
other information maintained by the NCIC, Automated Fingerprint Identification
to any Federal agency or officer authorized System (IAFIS) of the Federal Bureau of
to enforce or administer the immigration Investigation and other identification
laws of the United States, for the purpose of systems in order to better identify a person
such enforcement or administration, upon who holds a foreign passport or a visa and
terms that are consistent with the National may be wanted in connection with a
Crime Prevention and Privacy Compact Act criminal investigation in the United States or
of 1998 (subtitle A of title II of Public Law abroad, before the issuance of a visa to that
105-251; 42 U.S.C. 14611-16) and section person or the entry or exit from the United
552a of title 5, United States Code. States by that person.
SEC. 404. LIMITED AUTHORITY TO (b) AUTHORIZATION OF

PAY OVERTIME. APPROPRIATIONS- There is authorized to
be appropriated not less than $2,000,000 to
The matter under the headings carry out this section.
Ìmmigration And Naturalization Service:
Salaries and Expenses, Enforcement And Subtitle B--Enhanced Immigration
Border Affairs' and Ìmmigration And Provisions
Naturalization Service: Salaries and
Expenses, Citizenship And Benefits, SEC. 411. DEFINITIONS RELATING
Immigration And Program Direction' in the TO TERRORISM.
Department of Justice Appropriations Act,
2001 (as enacted into law by Appendix B (a) GROUNDS OF
(H.R. 5548) of Public Law 106-553 (114 INADMISSIBILITY- Section 212(a)(3) of
Stat. 2762A-58 to 2762A-59)) is amended the Immigration and Nationality Act (8
by striking the following each place it U.S.C. 1182(a)(3)) is amended--
occurs: `Provided, That none of the funds
available to the Immigration and (1) in subparagraph (B)--
Naturalization Service shall be available to
pay any employee overtime pay in an (A) in clause (i)--
amount in excess of $30,000 during the
calendar year beginning January 1, 2001:'. (i) by amending subclause (IV) to read as
follows:
SEC. 405. REPORT ON THE
INTEGRATED AUTOMATED `(IV) is a representative (as defined in
FINGERPRINT IDENTIFICATION clause (v)) of--
SYSTEM FOR PORTS OF ENTRY AND
OVERSEAS CONSULAR POSTS. `(aa) a foreign terrorist organization, as
designated by the Secretary of State under
(a) IN GENERAL- The Attorney section 219, or
General, in consultation with the appropriate
heads of other Federal agencies, including `(bb) a political, social or other similar
the Secretary of State, Secretary of the group whose public endorsement of acts of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
terrorist activity the Secretary of State has believe has renounced the activity causing
determined undermines United States efforts the alien to be found inadmissible under this
to reduce or eliminate terrorist activities,'; section.';
(ii) in subclause (V), by inserting òr' (E) in clause (iii) (as redesignated by
after `section 219,'; and subparagraph (B))--
(iii) by adding at the end the following (i) by inserting ìt had been' before
new subclauses: `committed in the United States'; and
`(VI) has used the alien's position of (ii) in subclause (V)(b), by striking òr
prominence within any country to endorse or firearm' and inserting `, firearm, or other
espouse terrorist activity, or to persuade weapon or dangerous device';
others to support terrorist activity or a
terrorist organization, in a way that the (F) by amending clause (iv) (as
Secretary of State has determined redesignated by subparagraph (B)) to read as
undermines United States efforts to reduce follows:
or eliminate terrorist activities, or
`(iv) ENGAGE IN TERRORIST
`(VII) is the spouse or child of an alien ACTIVITY DEFINED- As used in this
who is inadmissible under this section, if the chapter, the term èngage in terrorist
activity causing the alien to be found activity' means, in an individual capacity or
inadmissible occurred within the last 5 as a member of an organization--
years,';
`(I) to commit or to incite to commit,
(B) by redesignating clauses (ii), (iii), under circumstances indicating an intention
and (iv) as clauses (iii), (iv), and (v), to cause death or serious bodily injury, a
respectively; terrorist activity;
(C) in clause (i)(II), by striking `clause `(II) to prepare or plan a terrorist activity;
(iii)' and inserting `clause (iv)';
`(III) to gather information on potential
(D) by inserting after clause (i) the targets for terrorist activity;
following:
`(IV) to solicit funds or other things of
`(ii) EXCEPTION- Subclause (VII) of value for--
clause (i) does not apply to a spouse or
child-- `(aa) a terrorist activity;
`(I) who did not know or should not `(bb) a terrorist organization described in
reasonably have known of the activity clause (vi)(I) or (vi)(II); or
causing the alien to be found inadmissible
under this section; or `(cc) a terrorist organization described in
clause (vi)(III), unless the solicitor can
`(II) whom the consular officer or demonstrate that he did not know, and
Attorney General has reasonable grounds to should not reasonably have known, that the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
solicitation would further the organization's act would further the organization's terrorist
terrorist activity; activity.
`(V) to solicit any individual-- This clause shall not apply to any
material support the alien afforded to an
`(aa) to engage in conduct otherwise organization or individual that has
described in this clause; committed terrorist activity, if the Secretary
of State, after consultation with the Attorney
`(bb) for membership in a terrorist General, or the Attorney General, after
organization described in clause (vi)(I) or consultation with the Secretary of State,
(vi)(II); or concludes in his sole unreviewable
discretion, that this clause should not
`(cc) for membership in a terrorist apply.'; and
organization described in clause (vi)(III),
unless the solicitor can demonstrate that he (G) by adding at the end the following
did not know, and should not reasonably new clause:
have known, that the solicitation would
further the organization's terrorist activity; `(vi) TERRORIST ORGANIZATION
or DEFINED- As used in clause (i)(VI) and
clause (iv), the term `terrorist organization'
`(VI) to commit an act that the actor means an organization--
knows, or reasonably should know, affords
material support, including a safe house, `(I) designated under section 219;
transportation, communications, funds,
transfer of funds or other material financial `(II) otherwise designated, upon
benefit, false documentation or publication in the Federal Register, by the
identification, weapons (including chemical, Secretary of State in consultation with or
biological, or radiological weapons), upon the request of the Attorney General, as
explosives, or training-- a terrorist organization, after finding that the
organization engages in the activities
`(aa) for the commission of a terrorist described in subclause (I), (II), or (III) of
activity; clause (iv), or that the organization provides
material support to further terrorist activity;
`(bb) to any individual who the actor or
knows, or reasonably should know, has
committed or plans to commit a terrorist `(III) that is a group of two or more
activity; individuals, whether organized or not, which
engages in the activities described in
`(cc) to a terrorist organization described subclause (I), (II), or (III) of clause (iv).';
in clause (vi)(I) or (vi)(II); or and
`(dd) to a terrorist organization described (2) by adding at the end the following
in clause (vi)(III), unless the actor can new subparagraph:
demonstrate that he did not know, and
should not reasonably have known, that the `(F) ASSOCIATION WITH
TERRORIST ORGANIZATIONS- Any
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
alien who the Secretary of State, after (ii) seeking admission to the United
consultation with the Attorney General, or States on or after such date.
the Attorney General, after consultation with
the Secretary of State, determines has been (2) SPECIAL RULE FOR ALIENS IN
associated with a terrorist organization and EXCLUSION OR DEPORTATION
intends while in the United States to engage PROCEEDINGS- Notwithstanding any
solely, principally, or incidentally in other provision of law, sections 212(a)(3)(B)
activities that could endanger the welfare, and 237(a)(4)(B) of the Immigration and
safety, or security of the United States is Nationality Act, as amended by this Act,
inadmissible.'. shall apply to all aliens in exclusion or
deportation proceedings on or after the date
(b) CONFORMING AMENDMENTS- of the enactment of this Act (except for
proceedings in which there has been a final
(1) Section 237(a)(4)(B) of the administrative decision before such date) as
Immigration and Nationality Act (8 U.S.C. if such proceedings were removal
1227(a)(4)(B)) is amended by striking proceedings.
`section 212(a)(3)(B)(iii)' and inserting
`section 212(a)(3)(B)(iv)'. (3) SPECIAL RULE FOR SECTION
219 ORGANIZATIONS AND
(2) Section 208(b)(2)(A)(v) of the ORGANIZATIONS DESIGNATED
Immigration and Nationality Act (8 U.S.C. UNDER SECTION 212(a)(3)(B)(vi)(II)-
1158(b)(2)(A)(v)) is amended by striking òr
(IV)' and inserting `(IV), or (VI)'. (A) IN GENERAL- Notwithstanding
paragraphs (1) and (2), no alien shall be
(c) RETROACTIVE APPLICATION OF considered inadmissible under section
AMENDMENTS- 212(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)), or
(1) IN GENERAL- Except as otherwise deportable under section 237(a)(4)(B) of
provided in this subsection, the amendments such Act (8 U.S.C. 1227(a)(4)(B)), by
made by this section shall take effect on the reason of the amendments made by
date of the enactment of this Act and shall subsection (a), on the ground that the alien
apply to-- engaged in a terrorist activity described in
subclause (IV)(bb), (V)(bb), or (VI)(cc) of
(A) actions taken by an alien before, on, section 212(a)(3)(B)(iv) of such Act (as so
or after such date; and amended) with respect to a group at any
time when the group was not a terrorist
(B) all aliens, without regard to the date organization designated by the Secretary of
of entry or attempted entry into the United State under section 219 of such Act (8
States-- U.S.C. 1189) or otherwise designated under
section 212(a)(3)(B)(vi)(II) of such Act (as
(i) in removal proceedings on or after so amended).
such date (except for proceedings in which
there has been a final administrative (B) STATUTORY CONSTRUCTION-
decision before such date); or Subparagraph (A) shall not be construed to
prevent an alien from being considered
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
inadmissible or deportable for having intent to engage in terrorist activity or
engaged in a terrorist activity-- terrorism' after `212(a)(3)(B)';
(i) described in subclause (IV)(bb), (2) in paragraph (1)(C), by inserting òr

(V)(bb), or (VI)(cc) of section terrorism' after `terrorist activity';
212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a terrorist (3) by amending paragraph (2)(A) to read
organization at any time when such as follows:
organization was designated by the
Secretary of State under section 219 of such `(A) NOTICE-
Act or otherwise designated under section
212(a)(3)(B)(vi)(II) of such Act (as so `(i) TO CONGRESSIONAL LEADERS-
amended); or Seven days before making a designation
under this subsection, the Secretary shall, by
(ii) described in subclause (IV)(cc), classified communication, notify the
(V)(cc), or (VI)(dd) of section Speaker and Minority Leader of the House
212(a)(3)(B)(iv) of such Act (as so of Representatives, the President pro
amended) with respect to a terrorist tempore, Majority Leader, and Minority
organization described in section Leader of the Senate, and the members of
212(a)(3)(B)(vi)(III) of such Act (as so the relevant committees of the House of
amended). Representatives and the Senate, in writing,
of the intent to designate an organization
(4) EXCEPTION- The Secretary of under this subsection, together with the
State, in consultation with the Attorney findings made under paragraph (1) with
General, may determine that the respect to that organization, and the factual
amendments made by this section shall not basis therefor.
apply with respect to actions by an alien
taken outside the United States before the `(ii) PUBLICATION IN FEDERAL
date of the enactment of this Act upon the REGISTER- The Secretary shall publish the
recommendation of a consular officer who designation in the Federal Register seven
has concluded that there is not reasonable days after providing the notification under
ground to believe that the alien knew or clause (i).';
reasonably should have known that the
actions would further a terrorist activity. (4) in paragraph (2)(B)(i), by striking
`subparagraph (A)' and inserting
(c) DESIGNATION OF FOREIGN `subparagraph (A)(ii)';
TERRORIST ORGANIZATIONS- Section
219(a) of the Immigration and Nationality (5) in paragraph (2)(C), by striking
Act (8 U.S.C. 1189(a)) is amended-- `paragraph (2)' and inserting `paragraph
(2)(A)(i)';
(1) in paragraph (1)(B), by inserting òr
terrorism (as defined in section 140(d)(2) of (6) in paragraph (3)(B), by striking
the Foreign Relations Authorization Act, `subsection (c)' and inserting `subsection
Fiscal Years 1988 and 1989 (22 U.S.C. (b)';
2656f(d)(2)), or retains the capability and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(7) in paragraph (4)(B), by inserting after (11) in paragraph (8)--
the first sentence the following: `The
Secretary also may redesignate such (A) by striking `paragraph (1)(B)' and
organization at the end of any 2-year inserting `paragraph (2)(B), or if a
redesignation period (but not sooner than 60 redesignation under this subsection has
days prior to the termination of such period) become effective under paragraph (4)(B)';
for an additional 2-year period upon a
finding that the relevant circumstances (B) by inserting òr an alien in a removal
described in paragraph (1) still exist. Any proceeding' after `criminal action'; and
redesignation shall be effective immediately
following the end of the prior 2-year (C) by inserting òr redesignation' before
designation or redesignation period unless a às a defense'.
different effective date is provided in such
redesignation.'; SEC. 412. MANDATORY
DETENTION OF SUSPECTED
(8) in paragraph (6)(A)-- TERRORISTS; HABEAS CORPUS;
JUDICIAL REVIEW.
(A) by inserting òr a redesignation made
under paragraph (4)(B)' after `paragraph (1)'; (a) IN GENERAL- The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is
(B) in clause (i)-- amended by inserting after section 236 the
following:
(i) by inserting òr redesignation' after
`designation' the first place it appears; and `MANDATORY DETENTION OF
SUSPECTED TERRORISTS; HABEAS
(ii) by striking òf the designation'; and CORPUS; JUDICIAL REVIEW
(C) in clause (ii), by striking òf the `SEC. 236A. (a) DETENTION OF
designation'; TERRORIST ALIENS-
(9) in paragraph (6)(B)-- `(1) CUSTODY- The Attorney General

shall take into custody any alien who is
(A) by striking `through (4)' and inserting certified under paragraph (3).
ànd (3)'; and
`(2) RELEASE- Except as provided in
(B) by inserting at the end the following paragraphs (5) and (6), the Attorney General
new sentence: Àny revocation shall take shall maintain custody of such an alien until
effect on the date specified in the revocation the alien is removed from the United States.
or upon publication in the Federal Register Except as provided in paragraph (6), such
if no effective date is specified.'; custody shall be maintained irrespective of
any relief from removal for which the alien
(10) in paragraph (7), by inserting `, or may be eligible, or any relief from removal
the revocation of a redesignation under granted the alien, until the Attorney General
paragraph (6),' after `paragraph (5) or (6)'; determines that the alien is no longer an
and alien who may be certified under paragraph
(3). If the alien is finally determined not to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
be removable, detention pursuant to this `(7) REVIEW OF CERTIFICATION-
subsection shall terminate. The Attorney General shall review the
certification made under paragraph (3) every
`(3) CERTIFICATION- The Attorney 6 months. If the Attorney General
General may certify an alien under this determines, in the Attorney General's
paragraph if the Attorney General has discretion, that the certification should be
reasonable grounds to believe that the alien-- revoked, the alien may be released on such
conditions as the Attorney General deems
`(A) is described in section appropriate, unless such release is otherwise
212(a)(3)(A)(i), 212(a)(3)(A)(iii), prohibited by law. The alien may request
212(a)(3)(B), 237(a)(4)(A)(i), each 6 months in writing that the Attorney
237(a)(4)(A)(iii), or 237(a)(4)(B); or General reconsider the certification and may
submit documents or other evidence in
`(B) is engaged in any other activity that support of that request.
endangers the national security of the United
States. `(b) HABEAS CORPUS AND
JUDICIAL REVIEW-
`(4) NONDELEGATION- The Attorney
General may delegate the authority provided `(1) IN GENERAL- Judicial review of
under paragraph (3) only to the Deputy any action or decision relating to this section
Attorney General. The Deputy Attorney (including judicial review of the merits of a
General may not delegate such authority. determination made under subsection (a)(3)
or (a)(6)) is available exclusively in habeas
`(5) COMMENCEMENT OF corpus proceedings consistent with this
PROCEEDINGS- The Attorney General subsection. Except as provided in the
shall place an alien detained under preceding sentence, no court shall have
paragraph (1) in removal proceedings, or jurisdiction to review, by habeas corpus
shall charge the alien with a criminal petition or otherwise, any such action or
offense, not later than 7 days after the decision.
commencement of such detention. If the
requirement of the preceding sentence is not `(2) APPLICATION-
satisfied, the Attorney General shall release
the alien. `(A) IN GENERAL- Notwithstanding
any other provision of law, including section
`(6) LIMITATION ON INDEFINITE 2241(a) of title 28, United States Code,
DETENTION- An alien detained solely habeas corpus proceedings described in
under paragraph (1) who has not been paragraph (1) may be initiated only by an
removed under section 241(a)(1)(A), and application filed with--
whose removal is unlikely in the reasonably
foreseeable future, may be detained for `(i) the Supreme Court;
additional periods of up to six months only
if the release of the alien will threaten the `(ii) any justice of the Supreme Court;
national security of the United States or the
safety of the community or any person. `(iii) any circuit judge of the United
States Court of Appeals for the District of
Columbia Circuit; or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
and every 6 months thereafter, the Attorney
`(iv) any district court otherwise having General shall submit a report to the
jurisdiction to entertain it. Committee on the Judiciary of the House of
Representatives and the Committee on the
`(B) APPLICATION TRANSFER- Judiciary of the Senate, with respect to the
Section 2241(b) of title 28, United States reporting period, on--
Code, shall apply to an application for a writ
of habeas corpus described in subparagraph (1) the number of aliens certified under
(A). section 236A(a)(3) of the Immigration and
Nationality Act, as added by subsection (a);
`(3) APPEALS- Notwithstanding any
other provision of law, including section (2) the grounds for such certifications;
2253 of title 28, in habeas corpus
proceedings described in paragraph (1) (3) the nationalities of the aliens so
before a circuit or district judge, the final certified;
order shall be subject to review, on appeal,
by the United States Court of Appeals for (4) the length of the detention for each
the District of Columbia Circuit. There shall alien so certified; and
be no right of appeal in such proceedings to
any other circuit court of appeals. (5) the number of aliens so certified who-
-
`(4) RULE OF DECISION- The law
applied by the Supreme Court and the (A) were granted any form of relief from
United States Court of Appeals for the removal;
District of Columbia Circuit shall be
regarded as the rule of decision in habeas (B) were removed;
corpus proceedings described in paragraph
(1). (C) the Attorney General has determined
are no longer aliens who may be so certified;
`(c) STATUTORY CONSTRUCTION- or
The provisions of this section shall not be
applicable to any other provision of this (D) were released from detention.
Act.'.
SEC. 413. MULTILATERAL
(b) CLERICAL AMENDMENT- The COOPERATION AGAINST
table of contents of the Immigration and TERRORISTS.
Nationality Act is amended by inserting
after the item relating to section 236 the Section 222(f) of the Immigration and
following: Nationality Act (8 U.S.C. 1202(f)) is
amended--
`Sec. 236A. Mandatory detention of
suspected terrorist; habeas corpus; judicial (1) by striking èxcept that in the
review.'. discretion of' and inserting the following:
èxcept that--
(c) REPORTS- Not later than 6 months
after the date of the enactment of this Act, `(1) in the discretion of'; and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(A) the Attorney General, in consultation
(2) by adding at the end the following: with the Secretary of State, should fully
implement the integrated entry and exit data
`(2) the Secretary of State, in the system for airports, seaports, and land
Secretary's discretion and on the basis of border ports of entry, as specified in section
reciprocity, may provide to a foreign 110 of the Illegal Immigration Reform and
government information in the Department Immigrant Responsibility Act of 1996 (8
of State's computerized visa lookout U.S.C. 1365a), with all deliberate speed and
database and, when necessary and as expeditiously as practicable; and
appropriate, other records covered by this
section related to information in the (B) the Attorney General, in consultation
database-- with the Secretary of State, the Secretary of
Commerce, the Secretary of the Treasury,
`(A) with regard to individual aliens, at and the Office of Homeland Security, should
any time on a case-by-case basis for the immediately begin establishing the
purpose of preventing, investigating, or Integrated Entry and Exit Data System Task
punishing acts that would constitute a crime Force, as described in section 3 of the
in the United States, including, but not Immigration and Naturalization Service
limited to, terrorism or trafficking in Data Management Improvement Act of
controlled substances, persons, or illicit 2000 (Public Law 106-215).
weapons; or
(2) AUTHORIZATION OF
`(B) with regard to any or all aliens in the APPROPRIATIONS- There is authorized to
database, pursuant to such conditions as the be appropriated such sums as may be
Secretary of State shall establish in an necessary to fully implement the system
agreement with the foreign government in described in paragraph (1)(A).
which that government agrees to use such
information and records for the purposes (b) DEVELOPMENT OF THE
described in subparagraph (A) or to deny SYSTEM- In the development of the
visas to persons who would be inadmissible integrated entry and exit data system under
to the United States.'. section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act
SEC. 414. VISA INTEGRITY AND of 1996 (8 U.S.C. 1365a), the Attorney
SECURITY. General and the Secretary of State shall
particularly focus on--
(a) SENSE OF CONGRESS
REGARDING THE NEED TO EXPEDITE (1) the utilization of biometric
IMPLEMENTATION OF INTEGRATED technology; and
ENTRY AND EXIT DATA SYSTEM-
(2) the development of tamper-resistant
(1) SENSE OF CONGRESS- In light of documents readable at ports of entry.
the terrorist attacks perpetrated against the
United States on September 11, 2001, it is (c) INTERFACE WITH LAW
the sense of the Congress that-- ENFORCEMENT DATABASES- The entry
and exit data system described in this
section shall be able to interface with law
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
enforcement databases for use by Federal Responsibility Act of 1996 (8 U.S.C.
law enforcement to identify and detain 1372(a)).
individuals who pose a threat to the national
security of the United States. (b) INTEGRATION WITH PORT OF
ENTRY INFORMATION- For each alien
(d) REPORT ON SCREENING with respect to whom information is
INFORMATION- Not later than 12 months collected under section 641 of the Illegal
after the date of enactment of this Act, the Immigration Reform and Immigrant
Office of Homeland Security shall submit a Responsibility Act of 1996 (8 U.S.C. 1372),
report to Congress on the information that is the Attorney General, in consultation with
needed from any United States agency to the Secretary of State, shall include
effectively screen visa applicants and information on the date of entry and port of
applicants for admission to the United States entry.
to identify those affiliated with terrorist
organizations or those that pose any threat to (c) EXPANSION OF SYSTEM TO
the safety or security of the United States, INCLUDE OTHER APPROVED
including the type of information currently EDUCATIONAL INSTITUTIONS- Section
received by United States agencies and the 641 of the Illegal Immigration Reform and
regularity with which such information is Immigrant Responsibility Act of 1996 (8
transmitted to the Secretary of State and the U.S.C.1372) is amended--
Attorney General.
(1) in subsection (a)(1), subsection
SEC. 415. PARTICIPATION OF (c)(4)(A), and subsection (d)(1) (in the text
OFFICE OF HOMELAND SECURITY ON above subparagraph (A)), by inserting `,
ENTRY-EXIT TASK FORCE. other approved educational institutions,'
after `higher education' each place it
Section 3 of the Immigration and appears;
Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106- (2) in subsections (c)(1)(C), (c)(1)(D),
215) is amended by striking ànd the and (d)(1)(A), by inserting `, or other
Secretary of the Treasury,' and inserting `the approved educational institution,' after
Secretary of the Treasury, and the Office of `higher education' each place it appears;
Homeland Security'.
(3) in subsections (d)(2), (e)(1), and
SEC. 416. FOREIGN STUDENT (e)(2), by inserting `, other approved
MONITORING PROGRAM. educational institution,' after `higher
education' each place it appears; and
(a) FULL IMPLEMENTATION AND
EXPANSION OF FOREIGN STUDENT (4) in subsection (h), by adding at the
VISA MONITORING PROGRAM end the following new paragraph:
REQUIRED- The Attorney General, in
consultation with the Secretary of State, `(3) OTHER APPROVED
shall fully implement and expand the EDUCATIONAL INSTITUTION- The term
program established by section 641(a) of the òther approved educational institution'
Illegal Immigration Reform and Immigrant includes any air flight school, language
training school, or vocational school,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
approved by the Attorney General, in most recent audit conducted under
consultation with the Secretary of Education subsection (a)(1).
and the Secretary of State, under
subparagraph (F), (J), or (M) of section (c) ADVANCING DEADLINE FOR
101(a)(15) of the Immigration and SATISFACTION OF REQUIREMENT-
Nationality Act.'. Section 217(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(a)(3)) is
(d) AUTHORIZATION OF amended by striking `2007' and inserting
APPROPRIATIONS- There is authorized to `2003'.
be appropriated to the Department of Justice
$36,800,000 for the period beginning on the (d) WAIVER- Section 217(a)(3) of the
date of enactment of this Act and ending on Immigration and Nationality Act (8 U.S.C.
January 1, 2003, to fully implement and 1187(a)(3)) is amended--
expand prior to January 1, 2003, the
program established by section 641(a) of the (1) by striking Òn or after' and inserting
Illegal Immigration Reform and Immigrant the following:
Responsibility Act of 1996 (8 U.S.C.
1372(a)). `(A) IN GENERAL- Except as provided
in subparagraph (B), on or after'; and
SEC. 417. MACHINE READABLE
PASSPORTS. (2) by adding at the end the following:
(a) AUDITS- The Secretary of State `(B) LIMITED WAIVER

shall, each fiscal year until September 30, AUTHORITY- For the period beginning
2007-- October 1, 2003, and ending September 30,
2007, the Secretary of State may waive the
(1) perform annual audits of the requirement of subparagraph (A) with
implementation of section 217(c)(2)(B) of respect to nationals of a program country (as
the Immigration and Nationality Act (8 designated under subsection (c)), if the
U.S.C. 1187(c)(2)(B)); Secretary of State finds that the program
country--
(2) check for the implementation of
precautionary measures to prevent the `(i) is making progress toward ensuring
counterfeiting and theft of passports; and that passports meeting the requirement of
subparagraph (A) are generally available to
(3) ascertain that countries designated its nationals; and
under the visa waiver program have
established a program to develop tamper- `(ii) has taken appropriate measures to
resistant passports. protect against misuse of passports the
country has issued that do not meet the
(b) PERIODIC REPORTS- Beginning requirement of subparagraph (A).'.
one year after the date of enactment of this
Act, and every year thereafter until 2007, the SEC. 418. PREVENTION OF
Secretary of State shall submit a report to CONSULATE SHOPPING.
Congress setting forth the findings of the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(a) REVIEW- The Secretary of State (A) the alien was the beneficiary of--
shall review how consular officers issue
visas to determine if consular shopping is a (i) a petition that was filed with the
problem. Attorney General on or before September
11, 2001--
(b) ACTIONS TO BE TAKEN- If the
Secretary of State determines under (I) under section 204 of the Immigration
subsection (a) that consular shopping is a and Nationality Act (8 U.S.C. 1154) to
problem, the Secretary shall take steps to classify the alien as a family-sponsored
address the problem and shall submit a immigrant under section 203(a) of such Act
report to Congress describing what action (8 U.S.C. 1153(a)) or as an employment-
was taken. based immigrant under section 203(b) of
such Act (8 U.S.C. 1153(b)); or
Subtitle C--Preservation of Immigration
Benefits for Victims of Terrorism (II) under section 214(d) (8 U.S.C.
1184(d)) of such Act to authorize the
SEC. 421. SPECIAL IMMIGRANT issuance of a nonimmigrant visa to the alien
STATUS. under section 101(a)(15)(K) of such Act (8
U.S.C. 1101(a)(15)(K)); or
(a) IN GENERAL- For purposes of the
Immigration and Nationality Act (8 U.S.C. (ii) an application for labor certification
1101 et seq.), the Attorney General may under section 212(a)(5)(A) of such Act (8
provide an alien described in subsection (b) U.S.C. 1182(a)(5)(A)) that was filed under
with the status of a special immigrant under regulations of the Secretary of Labor on or
section 101(a)(27) of such Act (8 U.S.C. before such date; and
1101(a(27)), if the alien--
(B) such petition or application was
(1) files with the Attorney General a revoked or terminated (or otherwise
petition under section 204 of such Act (8 rendered null), either before or after its
U.S.C. 1154) for classification under section approval, due to a specified terrorist activity
203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); that directly resulted in--
and
(i) the death or disability of the
(2) is otherwise eligible to receive an petitioner, applicant, or alien beneficiary; or
immigrant visa and is otherwise admissible
to the United States for permanent (ii) loss of employment due to physical
residence, except in determining such damage to, or destruction of, the business of
admissibility, the grounds for inadmissibility the petitioner or applicant.
specified in section 212(a)(4) of such Act (8
U.S.C. 1182(a)(4)) shall not apply. (2) SPOUSES AND CHILDREN-
(b) ALIENS DESCRIBED- (A) IN GENERAL- An alien is described

in this subsection if--
(1) PRINCIPAL ALIENS- An alien is
described in this subsection if--
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(i) the alien was, on September 10, 2001, 101(a)(27) of such Act (8 U.S.C.
the spouse or child of a principal alien 1101(a)(27)) who are not described in
described in paragraph (1); and subparagraph (A), (B), (C), or (K) of such
section.
(ii) the alien--
SEC. 422. EXTENSION OF FILING OR
(I) is accompanying such principal alien; REENTRY DEADLINES.
or
(a) AUTOMATIC EXTENSION OF
(II) is following to join such principal NONIMMIGRANT STATUS-
alien not later than September 11, 2003.
(1) IN GENERAL- Notwithstanding
(B) CONSTRUCTION- For purposes of section 214 of the Immigration and
construing the terms àccompanying' and Nationality Act (8 U.S.C. 1184), in the case
`following to join' in subparagraph (A)(ii), of an alien described in paragraph (2) who
any death of a principal alien that is was lawfully present in the United States as
described in paragraph (1)(B)(i) shall be a nonimmigrant on September 10, 2001, the
disregarded. alien may remain lawfully in the United
States in the same nonimmigrant status until
(3) GRANDPARENTS OF ORPHANS- the later of--
An alien is described in this subsection if the
alien is a grandparent of a child, both of (A) the date such lawful nonimmigrant
whose parents died as a direct result of a status otherwise would have terminated if
specified terrorist activity, if either of such this subsection had not been enacted; or
deceased parents was, on September 10,
2001, a citizen or national of the United (B) 1 year after the death or onset of
States or an alien lawfully admitted for disability described in paragraph (2).
permanent residence in the United States.
(2) ALIENS DESCRIBED-
(c) PRIORITY DATE- Immigrant visas
made available under this section shall be (A) PRINCIPAL ALIENS- An alien is
issued to aliens in the order in which a described in this paragraph if the alien was
petition on behalf of each such alien is filed disabled as a direct result of a specified
with the Attorney General under subsection terrorist activity.
(a)(1), except that if an alien was assigned a
priority date with respect to a petition (B) SPOUSES AND CHILDREN- An
described in subsection (b)(1)(A)(i), the alien is described in this paragraph if the
alien may maintain that priority date. alien was, on September 10, 2001, the
spouse or child of--
(d) NUMERICAL LIMITATIONS- For
purposes of the application of sections 201 (i) a principal alien described in
through 203 of the Immigration and subparagraph (A); or
Nationality Act (8 U.S.C. 1151-1153) in any
fiscal year, aliens eligible to be provided (ii) an alien who died as a direct result of
status under this section shall be treated as a specified terrorist activity.
special immigrants described in section
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(3) AUTHORIZED EMPLOYMENT- returning to the United States in order to file
During the period in which a principal alien a timely application for an extension of
or alien spouse is in lawful nonimmigrant nonimmigrant status as a direct result of a
status under paragraph (1), the alien shall be specified terrorist activity--
provided an èmployment authorized'
endorsement or other appropriate document (i) the alien's application shall be
signifying authorization of employment not considered timely filed if it is filed not later
later than 30 days after the alien requests than 60 days after it otherwise would have
such authorization. been due; and
(b) NEW DEADLINES FOR (ii) the alien's lawful nonimmigrant

EXTENSION OR CHANGE OF status shall be considered to continue until
NONIMMIGRANT STATUS- the later of--
(1) FILING DELAYS- In the case of an (I) the date such status otherwise would
alien who was lawfully present in the United have terminated if this subparagraph had not
States as a nonimmigrant on September 10, been enacted; or
2001, if the alien was prevented from filing
a timely application for an extension or (II) the date that is 60 days after the date
change of nonimmigrant status as a direct on which the application described in clause
result of a specified terrorist activity, the (i) otherwise would have been due.
alien's application shall be considered timely
filed if it is filed not later than 60 days after (B) SPOUSES AND CHILDREN- In the
it otherwise would have been due. case of an alien who is the spouse or child of
a principal alien described in subparagraph
(2) DEPARTURE DELAYS- In the case (A), if the spouse or child was in a lawful
of an alien who was lawfully present in the nonimmigrant status on September 10, 2001,
United States as a nonimmigrant on the spouse or child may remain lawfully in
September 10, 2001, if the alien is unable the United States in the same nonimmigrant
timely to depart the United States as a direct status until the later of--
result of a specified terrorist activity, the
alien shall not be considered to have been (i) the date such lawful nonimmigrant
unlawfully present in the United States status otherwise would have terminated if
during the period beginning on September this subparagraph had not been enacted; or
11, 2001, and ending on the date of the
alien's departure, if such departure occurs on (ii) the date that is 60 days after the date
or before November 11, 2001. on which the application described in
subparagraph (A) otherwise would have
(3) SPECIAL RULE FOR ALIENS been due.
UNABLE TO RETURN FROM ABROAD-
(4) CIRCUMSTANCES PREVENTING
(A) PRINCIPAL ALIENS- In the case of TIMELY ACTION-
an alien who was in a lawful nonimmigrant
status on September 10, 2001, but who was (A) FILING DELAYS- For purposes of
not present in the United States on such paragraph (1), circumstances preventing an
date, if the alien was prevented from alien from timely acting are--
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the worldwide level under such section for
(i) office closures; such year has been exceeded, in which case
the alien shall be counted as a diversity
(ii) mail or courier service cessations or immigrant for fiscal year 2002.
delays; and
(3) TREATMENT OF FAMILY
(iii) other closures, cessations, or delays MEMBERS OF CERTAIN ALIENS- In the
affecting case processing or travel necessary case of a principal alien issued an immigrant
to satisfy legal requirements. visa number under section 203(c) of the
Immigration and Nationality Act (8 U.S.C.
(B) DEPARTURE AND RETURN 1153(c)) for fiscal year 2001, if such
DELAYS- For purposes of paragraphs (2) principal alien died as a direct result of a
and (3), circumstances preventing an alien specified terrorist activity, the aliens who
from timely acting are-- were, on September 10, 2001, the spouse
and children of such principal alien shall,
(i) office closures; until June 30, 2002, if not otherwise entitled
to an immigrant status and the immediate
(ii) airline flight cessations or delays; and issuance of a visa under subsection (a), (b),
or (c) of section 203 of such Act, be entitled
(iii) other closures, cessations, or delays to the same status, and the same order of
affecting case processing or travel necessary consideration, that would have been
to satisfy legal requirements. provided to such alien spouse or child under
section 203(d) of such Act as if the principal
(c) DIVERSITY IMMIGRANTS- alien were not deceased and as if the spouse
or child's visa application had been
(1) WAIVER OF FISCAL YEAR adjudicated by September 30, 2001.
LIMITATION- Notwithstanding section
203(e)(2) of the Immigration and (4) CIRCUMSTANCES PREVENTING
Nationality Act (8 U.S.C. 1153(e)(2)), an TIMELY ACTION- For purposes of
immigrant visa number issued to an alien paragraph (1), circumstances preventing an
under section 203(c) of such Act for fiscal alien from using an immigrant visa number
year 2001 may be used by the alien during during fiscal year 2001 are--
the period beginning on October 1, 2001,
and ending on April 1, 2002, if the alien (A) office closures;
establishes that the alien was prevented from
using it during fiscal year 2001 as a direct (B) mail or courier service cessations or
result of a specified terrorist activity. delays;
(2) WORLDWIDE LEVEL- In the case (C) airline flight cessations or delays;
of an alien entering the United States as a and
lawful permanent resident, or adjusting to
that status, under paragraph (1) or (3), the (D) other closures, cessations, or delays
alien shall be counted as a diversity affecting case processing or travel necessary
immigrant for fiscal year 2001 for purposes to satisfy legal requirements.
of section 201(e) of the Immigration and
Nationality Act (8 U.S.C. 1151(e)), unless
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(d) EXTENSION OF EXPIRATION OF (2) CIRCUMSTANCES PREVENTING
IMMIGRANT VISAS- RETURN- For purposes of this subsection,
circumstances preventing an alien from
(1) IN GENERAL- Notwithstanding the timely returning to the United States are--
limitations under section 221(c) of the
Immigration and Nationality Act (8 U.S.C. (A) office closures;
1201(c)), in the case of any immigrant visa
issued to an alien that expires or expired (B) airline flight cessations or delays;
before December 31, 2001, if the alien was and
unable to effect entry into the United States
as a direct result of a specified terrorist (C) other closures, cessations, or delays
activity, then the period of validity of the affecting case processing or travel necessary
visa is extended until December 31, 2001, to satisfy legal requirements.
unless a longer period of validity is
otherwise provided under this subtitle. (f) VOLUNTARY DEPARTURE-
Notwithstanding section 240B of the
(2) CIRCUMSTANCES PREVENTING Immigration and Nationality Act (8 U.S.C.
ENTRY- For purposes of this subsection, 1229c), if a period for voluntary departure
circumstances preventing an alien from under such section expired during the period
effecting entry into the United States are-- beginning on September 11, 2001, and
ending on October 11, 2001, such voluntary
(A) office closures; departure period is deemed extended for an
additional 30 days.
(B) airline flight cessations or delays;
and SEC. 423. HUMANITARIAN RELIEF
FOR CERTAIN SURVIVING SPOUSES
(C) other closures, cessations, or delays AND CHILDREN.
affecting case processing or travel necessary
to satisfy legal requirements. (a) TREATMENT AS IMMEDIATE
RELATIVES-
(e) GRANTS OF PAROLE
EXTENDED- (1) SPOUSES- Notwithstanding the
second sentence of section 201(b)(2)(A)(i)
(1) IN GENERAL- In the case of any of the Immigration and Nationality Act (8
parole granted by the Attorney General U.S.C. 1151(b)(2)(A)(i)), in the case of an
under section 212(d)(5) of the Immigration alien who was the spouse of a citizen of the
and Nationality Act (8 U.S.C. 1182(d)(5)) United States at the time of the citizen's
that expires on a date on or after September death and was not legally separated from the
11, 2001, if the alien beneficiary of the citizen at the time of the citizen's death, if
parole was unable to return to the United the citizen died as a direct result of a
States prior to the expiration date as a direct specified terrorist activity, the alien (and
result of a specified terrorist activity, the each child of the alien) shall be considered,
parole is deemed extended for an additional for purposes of section 201(b) of such Act,
90 days. to remain an immediate relative after the
date of the citizen's death, but only if the
alien files a petition under section
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
204(a)(1)(A)(ii) of such Act within 2 years Nationality Act (8 U.S.C. 1153(a)(2)) that
after such date and only until the date the was filed by such alien before September 11,
alien remarries. For purposes of such section 2001, shall be considered (if the spouse,
204(a)(1)(A)(ii), an alien granted relief child, son, or daughter has not been admitted
under the preceding sentence shall be or approved for lawful permanent residence
considered an alien spouse described in the by such date) a valid petitioner for
second sentence of section 201(b)(2)(A)(i) preference status under such section with the
of such Act. same priority date as that assigned prior to
the death described in paragraph (3)(A). No
(2) CHILDREN- new petition shall be required to be filed.
Such spouse, child, son, or daughter may be
(A) IN GENERAL- In the case of an eligible for deferred action and work
alien who was the child of a citizen of the authorization.
United States at the time of the citizen's
death, if the citizen died as a direct result of (2) SELF-PETITIONS- Any spouse,
a specified terrorist activity, the alien shall child, or unmarried son or daughter of an
be considered, for purposes of section alien described in paragraph (3) who is not a
201(b) of the Immigration and Nationality beneficiary of a petition for classification as
Act (8 U.S.C. 1151(b)), to remain an a family-sponsored immigrant under section
immediate relative after the date of the 203(a)(2) of the Immigration and
citizen's death (regardless of changes in age Nationality Act may file a petition for such
or marital status thereafter), but only if the classification with the Attorney General, if
alien files a petition under subparagraph (B) the spouse, child, son, or daughter was
within 2 years after such date. present in the United States on September
11, 2001. Such spouse, child, son, or
(B) PETITIONS- An alien described in daughter may be eligible for deferred action
subparagraph (A) may file a petition with and work authorization.
the Attorney General for classification of the
alien under section 201(b)(2)(A)(i) of the (3) ALIENS DESCRIBED- An alien is
Immigration and Nationality Act (8 U.S.C. described in this paragraph if the alien--
1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition (A) died as a direct result of a specified
filed under section 204(a)(1)(A) of such Act terrorist activity; and
(8 U.S.C. 1154(a)(1)(A)).
(B) on the day of such death, was
(b) SPOUSES, CHILDREN, lawfully admitted for permanent residence
UNMARRIED SONS AND DAUGHTERS in the United States.
OF LAWFUL PERMANENT RESIDENT
ALIENS- (c) APPLICATIONS FOR
ADJUSTMENT OF STATUS BY
(1) IN GENERAL- Any spouse, child, or SURVIVING SPOUSES AND CHILDREN
unmarried son or daughter of an alien OF EMPLOYMENT-BASED
described in paragraph (3) who is included IMMIGRANTS-
in a petition for classification as a family-
sponsored immigrant under section (1) IN GENERAL- Any alien who was,
203(a)(2) of the Immigration and on September 10, 2001, the spouse or child
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
of an alien described in paragraph (2), and days after the alien's 21st birthday for
who applied for adjustment of status prior to purposes of adjudicating such petition or
the death described in paragraph (2)(A), application; and
may have such application adjudicated as if
such death had not occurred. (2) whose 21st birthday occurs after
September 2001, and who is the beneficiary
(2) ALIENS DESCRIBED- An alien is of a petition or application filed under such
described in this paragraph if the alien-- Act on or before September 11, 2001, the
alien shall be considered to be a child for 45
(A) died as a direct result of a specified days after the alien's 21st birthday for
terrorist activity; and purposes of adjudicating such petition or
application.
(B) on the day before such death, was--
SEC. 425. TEMPORARY
(i) an alien lawfully admitted for ADMINISTRATIVE RELIEF.
permanent residence in the United States by
reason of having been allotted a visa under The Attorney General, for humanitarian
section 203(b) of the Immigration and purposes or to ensure family unity, may
Nationality Act (8 U.S.C. 1153(b)); or provide temporary administrative relief to
any alien who--
(ii) an applicant for adjustment of status
to that of an alien described in clause (i), and (1) was lawfully present in the United
admissible to the United States for States on September 10, 2001;
permanent residence.
(2) was on such date the spouse, parent,
(d) WAIVER OF PUBLIC CHARGE or child of an individual who died or was
GROUNDS- In determining the disabled as a direct result of a specified
admissibility of any alien accorded an terrorist activity; and
immigration benefit under this section, the
grounds for inadmissibility specified in (3) is not otherwise entitled to relief
section 212(a)(4) of the Immigration and under any other provision of this subtitle.
Nationality Act (8 U.S.C. 1182(a)(4)) shall
not apply. SEC. 426. EVIDENCE OF DEATH,
DISABILITY, OR LOSS OF
SEC. 424. ÀGE-OUT' PROTECTION EMPLOYMENT.
FOR CHILDREN.
(a) IN GENERAL- The Attorney
For purposes of the administration of the General shall establish appropriate standards
Immigration and Nationality Act (8 U.S.C. for evidence demonstrating, for purposes of
1101 et seq.), in the case of an alien-- this subtitle, that any of the following
occurred as a direct result of a specified
(1) whose 21st birthday occurs in terrorist activity:
September 2001, and who is the beneficiary
of a petition or application filed under such (1) Death.
Act on or before September 11, 2001, the
alien shall be considered to be a child for 90 (2) Disability.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(3) Loss of employment due to physical SEC. 501. ATTORNEY GENERAL'S

damage to, or destruction of, a business. AUTHORITY TO PAY REWARDS TO
COMBAT TERRORISM.
(b) WAIVER OF REGULATIONS- The
Attorney General shall carry out subsection (a) PAYMENT OF REWARDS TO
(a) as expeditiously as possible. The COMBAT TERRORISM- Funds available
Attorney General is not required to to the Attorney General may be used for the
promulgate regulations prior to payment of rewards pursuant to public
implementing this subtitle. advertisements for assistance to the
Department of Justice to combat terrorism
SEC. 427. NO BENEFITS TO and defend the Nation against terrorist acts,
TERRORISTS OR FAMILY MEMBERS in accordance with procedures and
OF TERRORISTS. regulations established or issued by the
Attorney General.
Notwithstanding any other provision of
this subtitle, nothing in this subtitle shall be (b) CONDITIONS- In making rewards
construed to provide any benefit or relief to- under this section--
-
(1) no such reward of $250,000 or more
(1) any individual culpable for a may be made or offered without the personal
specified terrorist activity; or approval of either the Attorney General or
the President;
(2) any family member of any individual
described in paragraph (1). (2) the Attorney General shall give
written notice to the Chairmen and ranking
SEC. 428. DEFINITIONS. minority members of the Committees on
Appropriations and the Judiciary of the
(a) APPLICATION OF IMMIGRATION Senate and of the House of Representatives
AND NATIONALITY ACT PROVISIONS- not later than 30 days after the approval of a
Except as otherwise specifically provided in reward under paragraph (1);
this subtitle, the definitions used in the
Immigration and Nationality Act (excluding (3) any executive agency or military
the definitions applicable exclusively to title department (as defined, respectively, in
III of such Act) shall apply in the sections 105 and 102 of title 5, United States
administration of this subtitle. Code) may provide the Attorney General
with funds for the payment of rewards;
(b) SPECIFIED TERRORIST
ACTIVITY- For purposes of this subtitle, (4) neither the failure of the Attorney
the term `specified terrorist activity' means General to authorize a payment nor the
any terrorist activity conducted against the amount authorized shall be subject to
Government or the people of the United judicial review; and
States on September 11, 2001.
(5) no such reward shall be subject to any
TITLE V--REMOVING OBSTACLES per- or aggregate reward spending limitation
TO INVESTIGATING TERRORISM established by law, unless that law expressly
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
refers to this section, and no reward paid Section 3(d)(2) of the DNA Analysis
pursuant to any such offer shall count Backlog Elimination Act of 2000 (42 U.S.C.
toward any such aggregate reward spending 14135a(d)(2)) is amended to read as follows:
limitation.
`(2) In addition to the offenses described
SEC. 502. SECRETARY OF STATE'S in paragraph (1), the following offenses
AUTHORITY TO PAY REWARDS. shall be treated for purposes of this section
as qualifying Federal offenses, as
Section 36 of the State Department Basic determined by the Attorney General:
Authorities Act of 1956 (Public Law 885,
August 1, 1956; 22 U.S.C. 2708) is `(A) Any offense listed in section
amended-- 2332b(g)(5)(B) of title 18, United States
Code.
(1) in subsection (b)--
`(B) Any crime of violence (as defined in
(A) in paragraph (4), by striking òr' at section 16 of title 18, United States Code).
the end;
`(C) Any attempt or conspiracy to
(B) in paragraph (5), by striking the commit any of the above offenses.'.
period at the end and inserting `, including
by dismantling an organization in whole or SEC. 504. COORDINATION WITH
significant part; or'; and LAW ENFORCEMENT.
(C) by adding at the end the following: (a) INFORMATION ACQUIRED

FROM AN ELECTRONIC
`(6) the identification or location of an SURVEILLANCE- Section 106 of the
individual who holds a key leadership Foreign Intelligence Surveillance Act of
position in a terrorist organization.'; 1978 (50 U.S.C. 1806), is amended by
adding at the end the following:
(2) in subsection (d), by striking
paragraphs (2) and (3) and redesignating `(k)(1) Federal officers who conduct
paragraph (4) as paragraph (2); and electronic surveillance to acquire foreign
intelligence information under this title may
(3) in subsection (e)(1), by inserting `, consult with Federal law enforcement
except as personally authorized by the officers to coordinate efforts to investigate
Secretary of State if he determines that offer or protect against--
or payment of an award of a larger amount
is necessary to combat terrorism or defend `(A) actual or potential attack or other
the Nation against terrorist acts.' after grave hostile acts of a foreign power or an
`$5,000,000'. agent of a foreign power;
SEC. 503. DNA IDENTIFICATION OF `(B) sabotage or international terrorism

TERRORISTS AND OTHER VIOLENT by a foreign power or an agent of a foreign
OFFENDERS. power; or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(C) clandestine intelligence activities by (a) TELEPHONE TOLL AND
an intelligence service or network of a TRANSACTIONAL RECORDS- Section
foreign power or by an agent of a foreign 2709(b) of title 18, United States Code, is
power. amended--
`(2) Coordination authorized under (1) in the matter preceding paragraph (1),
paragraph (1) shall not preclude the by inserting àt Bureau headquarters or a
certification required by section Special Agent in Charge in a Bureau field
104(a)(7)(B) or the entry of an order under office designated by the Director' after
section 105.'. Àssistant Director';
(b) INFORMATION ACQUIRED (2) in paragraph (1)--

FROM A PHYSICAL SEARCH- Section
305 of the Foreign Intelligence Surveillance (A) by striking ìn a position not lower
Act of 1978 (50 U.S.C. 1825) is amended by than Deputy Assistant Director'; and
adding at the end the following:
(B) by striking `made that' and all that
`(k)(1) Federal officers who conduct follows and inserting the following: `made
physical searches to acquire foreign that the name, address, length of service, and
intelligence information under this title may toll billing records sought are relevant to an
consult with Federal law enforcement authorized investigation to protect against
officers to coordinate efforts to investigate international terrorism or clandestine
or protect against-- intelligence activities, provided that such an
investigation of a United States person is not
`(A) actual or potential attack or other conducted solely on the basis of activities
grave hostile acts of a foreign power or an protected by the first amendment to the
agent of a foreign power; Constitution of the United States; and'; and
`(B) sabotage or international terrorism (3) in paragraph (2)--

by a foreign power or an agent of a foreign
power; or (A) by striking ìn a position not lower
than Deputy Assistant Director'; and
`(C) clandestine intelligence activities by
an intelligence service or network of a (B) by striking `made that' and all that
foreign power or by an agent of a foreign follows and inserting the following: `made
power. that the information sought is relevant to an
authorized investigation to protect against
`(2) Coordination authorized under international terrorism or clandestine
paragraph (1) shall not preclude the intelligence activities, provided that such an
certification required by section 303(a)(7) or investigation of a United States person is not
the entry of an order under section 304.'. conducted solely upon the basis of activities
protected by the first amendment to the
SEC. 505. MISCELLANEOUS Constitution of the United States.'.
NATIONAL SECURITY AUTHORITIES.
(b) FINANCIAL RECORDS- Section
1114(a)(5)(A) of the Right to Financial
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Privacy Act of 1978 (12 U.S.C. (A) by inserting ìn a position not lower
3414(a)(5)(A)) is amended-- than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge
(1) by inserting ìn a position not lower of a Bureau field office designated by the
than Deputy Assistant Director at Bureau Director' after `designee' the first place it
headquarters or a Special Agent in Charge in appears; and
a Bureau field office designated by the
Director' after `designee'; and (B) by striking ìn writing that' and all
that follows through the end and inserting
(2) by striking `sought' and all that the following: ìn writing that such
follows and inserting `sought for foreign information is sought for the conduct of an
counter intelligence purposes to protect authorized investigation to protect against
against international terrorism or clandestine international terrorism or clandestine
intelligence activities, provided that such an intelligence activities, provided that such an
investigation of a United States person is not investigation of a United States person is not
conducted solely upon the basis of activities conducted solely upon the basis of activities
protected by the first amendment to the protected by the first amendment to the
Constitution of the United States.'. Constitution of the United States.'; and
(c) CONSUMER REPORTS- Section (3) in subsection (c)--

624 of the Fair Credit Reporting Act (15
U.S.C. 1681u) is amended-- (A) by inserting ìn a position not lower
than Deputy Assistant Director at Bureau
(1) in subsection (a)-- headquarters or a Special Agent in Charge in
a Bureau field office designated by the
(A) by inserting ìn a position not lower Director' after `designee of the Director'; and
than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge (B) by striking ìn camera that' and all
of a Bureau field office designated by the that follows through `States.' and inserting
Director' after `designee' the first place it the following: ìn camera that the consumer
appears; and report is sought for the conduct of an
authorized investigation to protect against
(B) by striking ìn writing that' and all international terrorism or clandestine
that follows through the end and inserting intelligence activities, provided that such an
the following: ìn writing, that such investigation of a United States person is not
information is sought for the conduct of an conducted solely upon the basis of activities
authorized investigation to protect against protected by the first amendment to the
international terrorism or clandestine Constitution of the United States.'.
intelligence activities, provided that such an
investigation of a United States person is not SEC. 506. EXTENSION OF SECRET
conducted solely upon the basis of activities SERVICE JURISDICTION.
protected by the first amendment to the
Constitution of the United States.'; (a) Concurrent Jurisdiction Under 18
U.S.C. 1030- Section 1030(d) of title 18,
(2) in subsection (b)-- United States Code, is amended to read as
follows:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(d)(1) The United States Secret Service `(1) IN GENERAL- Notwithstanding

shall, in addition to any other agency having subsections (a) through (i) or any provision
such authority, have the authority to of State law, the Attorney General (or any
investigate offenses under this section. Federal officer or employee, in a position
not lower than an Assistant Attorney
`(2) The Federal Bureau of Investigation General, designated by the Attorney
shall have primary authority to investigate General) may submit a written application to
offenses under subsection (a)(1) for any a court of competent jurisdiction for an ex
cases involving espionage, foreign parte order requiring an educational agency
counterintelligence, information protected or institution to permit the Attorney General
against unauthorized disclosure for reasons (or his designee) to--
of national defense or foreign relations, or
Restricted Data (as that term is defined in `(A) collect education records in the
section 11y of the Atomic Energy Act of possession of the educational agency or
1954 (42 U.S.C. 2014(y)), except for institution that are relevant to an authorized
offenses affecting the duties of the United investigation or prosecution of an offense
States Secret Service pursuant to section listed in section 2332b(g)(5)(B) of title 18
3056(a) of this title. United States Code, or an act of domestic or
international terrorism as defined in section
`(3) Such authority shall be exercised in 2331 of that title; and
accordance with an agreement which shall
be entered into by the Secretary of the `(B) for official purposes related to the
Treasury and the Attorney General.'. investigation or prosecution of an offense
described in paragraph (1)(A), retain,
(b) Reauthorization of Jurisdiction under disseminate, and use (including as evidence
18 U.S.C. 1344- Section 3056(b)(3) of title at trial or in other administrative or judicial
18, United States Code, is amended by proceedings) such records, consistent with
striking `credit and debit card frauds, and such guidelines as the Attorney General,
false identification documents or devices' after consultation with the Secretary, shall
and inserting àccess device frauds, false issue to protect confidentiality.
identification documents or devices, and any
fraud or other criminal or unlawful activity `(2) APPLICATION AND APPROVAL-
in or against any federally insured financial
institution'. `(A) IN GENERAL- An application
under paragraph (1) shall certify that there
SEC. 507. DISCLOSURE OF are specific and articulable facts giving
EDUCATIONAL RECORDS. reason to believe that the education records
are likely to contain information described
Section 444 of the General Education in paragraph (1)(A).
Provisions Act (20 U.S.C. 1232g), is
amended by adding after subsection (i) a `(B) The court shall issue an order
new subsection (j) to read as follows: described in paragraph (1) if the court finds
that the application for the order includes the
`(j) INVESTIGATION AND certification described in subparagraph (A).
PROSECUTION OF TERRORISM-
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(3) PROTECTION OF `(B) for official purposes related to the
EDUCATIONAL AGENCY OR investigation or prosecution of an offense
INSTITUTION- An educational agency or described in paragraph (1)(A), retain,
institution that, in good faith, produces disseminate, and use (including as evidence
education records in accordance with an at trial or in other administrative or judicial
order issued under this subsection shall not proceedings) such information, consistent
be liable to any person for that production. with such guidelines as the Attorney
General, after consultation with the
`(4) RECORD-KEEPING- Subsection Secretary, shall issue to protect
(b)(4) does not apply to education records confidentiality.
subject to a court order under this
subsection.'. `(2) APPLICATION AND APPROVAL-
SEC. 508. DISCLOSURE OF `(A) IN GENERAL- An application

INFORMATION FROM NCES SURVEYS. under paragraph (1) shall certify that there
are specific and articulable facts giving
Section 408 of the National Education reason to believe that the information sought
Statistics Act of 1994 (20 U.S.C. 9007), is is described in paragraph (1)(A).
amended by adding after subsection (b) a
new subsection (c) to read as follows: `(B) The court shall issue an order
described in paragraph (1) if the court finds
`(c) INVESTIGATION AND that the application for the order includes the
PROSECUTION OF TERRORISM- certification described in subparagraph (A).
`(1) IN GENERAL- Notwithstanding `(3) PROTECTION- An officer or

subsections (a) and (b), the Attorney employee of the Department who, in good
General (or any Federal officer or employee, faith, produces information in accordance
in a position not lower than an Assistant with an order issued under this subsection
Attorney General, designated by the does not violate subsection (b)(2) and shall
Attorney General) may submit a written not be liable to any person for that
application to a court of competent production.'.
jurisdiction for an ex parte order requiring
the Secretary to permit the Attorney General TITLE VI--PROVIDING FOR
(or his designee) to-- VICTIMS OF TERRORISM, PUBLIC
SAFETY OFFICERS, AND THEIR
`(A) collect reports, records, and FAMILIES
information (including individually
identifiable information) in the possession of Subtitle A--Aid to Families of Public
the center that are relevant to an authorized Safety Officers
investigation or prosecution of an offense
listed in section 2332b(g)(5)(B) of title 18, SEC. 611. EXPEDITED PAYMENT
United States Code, or an act of domestic or FOR PUBLIC SAFETY OFFICERS
international terrorism as defined in section INVOLVED IN THE PREVENTION,
2331 of that title; and INVESTIGATION, RESCUE, OR
RECOVERY EFFORTS RELATED TO A
TERRORIST ATTACK.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
in connection with the terrorist attacks of
(a) IN GENERAL- Notwithstanding the September 11, 2001) is amended by--
limitations of subsection (b) of section 1201
or the provisions of subsections (c), (d), and (1) inserting before `by a' the following:
(e) of such section or section 1202 of title I `(containing identification of all eligible
of the Omnibus Crime Control and Safe payees of benefits pursuant to section
Streets Act of 1968 (42 U.S.C. 3796, 1201)';
3796a), upon certification (containing
identification of all eligible payees of (2) inserting `producing permanent and
benefits pursuant to section 1201 of such total disability' after `suffered a catastrophic
Act) by a public agency that a public safety injury'; and
officer employed by such agency was killed
or suffered a catastrophic injury producing (3) striking `1201(a)' and inserting
permanent and total disability as a direct and `1201'.
proximate result of a personal injury
sustained in the line of duty as described in SEC. 613. PUBLIC SAFETY
section 1201 of such Act in connection with OFFICERS BENEFIT PROGRAM
prevention, investigation, rescue, or PAYMENT INCREASE.
recovery efforts related to a terrorist attack,
the Director of the Bureau of Justice (a) PAYMENTS- Section 1201(a) of the
Assistance shall authorize payment to Omnibus Crime Control and Safe Streets
qualified beneficiaries, said payment to be Act of 1968 (42 U.S.C. 3796) is amended by
made not later than 30 days after receipt of striking `$100,000' and inserting `$250,000'.
such certification, benefits described under
subpart 1 of part L of such Act (42 U.S.C. (b) APPLICABILITY- The amendment
3796 et seq.). made by subsection (a) shall apply to any
death or disability occurring on or after
(b) DEFINITIONS- For purposes of this January 1, 2001.
section, the terms `catastrophic injury',
`public agency', and `public safety officer' SEC. 614. OFFICE OF JUSTICE
have the same meanings given such terms in PROGRAMS.
section 1204 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 Section 112 of title I of section 101(b) of
U.S.C. 3796b). division A of Public Law 105-277 and
section 108(a) of appendix A of Public Law
SEC. 612. TECHNICAL CORRECTION 106-113 (113 Stat. 1501A-20) are amended-
WITH RESPECT TO EXPEDITED -
PAYMENTS FOR HEROIC PUBLIC
SAFETY OFFICERS. (1) after `that Office', each place it
occurs, by inserting `(including,
Section 1 of Public Law 107-37 (an Act notwithstanding any contrary provision of
to provide for the expedited payment of law (unless the same should expressly refer
certain benefits for a public safety officer to this section), any organization that
who was killed or suffered a catastrophic administers any program established in title
injury as a direct and proximate result of a 1 of Public Law 90-351)'; and
personal injury sustained in the line of duty
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(2) by inserting `functions, including any' more than 2 times the amount distributed in
after àll'. the previous fiscal year.
Subtitle B--Amendments to the Victims `(2) In each fiscal year, the Director shall
of Crime Act of 1984 distribute amounts from the Fund in
accordance with subsection (d). All sums
SEC. 621. CRIME VICTIMS FUND. not distributed during a fiscal year shall
remain in reserve in the Fund to be
(a) DEPOSIT OF GIFTS IN THE distributed during a subsequent fiscal year.
FUND- Section 1402(b) of the Victims of Notwithstanding any other provision of law,
Crime Act of 1984 (42 U.S.C. 10601(b)) is all sums deposited in the Fund that are not
amended-- distributed shall remain in reserve in the
Fund for obligation in future fiscal years,
(1) in paragraph (3), by striking ànd' at without fiscal year limitation.'.
the end;
(c) ALLOCATION OF FUNDS FOR
(2) in paragraph (4), by striking the COSTS AND GRANTS- Section 1402(d)(4)
period at the end and inserting `; and'; and of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)(4)) is amended--
(1) by striking `deposited in' and
`(5) any gifts, bequests, or donations to inserting `to be distributed from';
the Fund from private entities or
individuals.'. (2) in subparagraph (A), by striking
`48.5' and inserting `47.5';
(b) FORMULA FOR FUND
DISTRIBUTIONS- Section 1402(c) of the (3) in subparagraph (B), by striking
Victims of Crime Act of 1984 (42 U.S.C. `48.5' and inserting `47.5'; and
10601(c)) is amended to read as follows:
(4) in subparagraph (C), by striking `3'
`(c) FUND DISTRIBUTION; and inserting `5'.
RETENTION OF SUMS IN FUND;
AVAILABILITY FOR EXPENDITURE (d) ANTITERRORISM EMERGENCY
WITHOUT FISCAL YEAR LIMITATION- RESERVE- Section 1402(d)(5) of the
Victims of Crime Act of 1984 (42 U.S.C.
`(1) Subject to the availability of money 10601(d)(5)) is amended to read as follows:
in the Fund, in each fiscal year, beginning
with fiscal year 2003, the Director shall `(5)(A) In addition to the amounts
distribute not less than 90 percent nor more distributed under paragraphs (2), (3), and
than 110 percent of the amount distributed (4), the Director may set aside up to
from the Fund in the previous fiscal year, $50,000,000 from the amounts transferred to
except the Director may distribute up to 120 the Fund in response to the airplane
percent of the amount distributed in the hijackings and terrorist acts that occurred on
previous fiscal year in any fiscal year that September 11, 2001, as an antiterrorism
the total amount available in the Fund is emergency reserve. The Director may
replenish any amounts expended from such
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
reserve in subsequent fiscal years by setting (2) subsections (c) and (d) of section
aside up to 5 percent of the amounts 1402 of the Victims of Crime Act of 1984
remaining in the Fund in any fiscal year (42 U.S.C. 10601).
after distributing amounts under paragraphs
(2), (3) and (4). Such reserve shall not SEC. 622. CRIME VICTIM
exceed $50,000,000. COMPENSATION.
`(B) The antiterrorism emergency reserve (a) ALLOCATION OF FUNDS FOR

referred to in subparagraph (A) may be used COMPENSATION AND ASSISTANCE-
for supplemental grants under section 1404B Paragraphs (1) and (2) of section 1403(a) of
and to provide compensation to victims of the Victims of Crime Act of 1984 (42
international terrorism under section 1404C. U.S.C. 10602(a)) are amended by inserting
ìn fiscal year 2002 and of 60 percent in
`(C) Amounts in the antiterrorism subsequent fiscal years' after `40 percent'.
emergency reserve established pursuant to
subparagraph (A) may be carried over from (b) LOCATION OF COMPENSABLE
fiscal year to fiscal year. Notwithstanding CRIME- Section 1403(b)(6)(B) of the
subsection (c) and section 619 of the Victims of Crime Act of 1984 (42 U.S.C.
Departments of Commerce, Justice, and 10602(b)(6)(B)) is amended by striking àre
State, the Judiciary, and Related Agencies outside the United States (if the
Appropriations Act, 2001 (and any similar compensable crime is terrorism, as defined
limitation on Fund obligations in any future in section 2331 of title 18), or'.
Act, unless the same should expressly refer
to this section), any such amounts carried (c) RELATIONSHIP OF CRIME
over shall not be subject to any limitation on VICTIM COMPENSATION TO MEANS-
obligations from amounts deposited to or TESTED FEDERAL BENEFIT
available in the Fund.'. PROGRAMS- Section 1403 of the Victims
of Crime Act of 1984 (42 U.S.C. 10602) is
(e) VICTIMS OF SEPTEMBER 11, amended by striking subsection (c) and
2001- Amounts transferred to the Crime inserting the following:
Victims Fund for use in responding to the
airplane hijackings and terrorist acts `(c) EXCLUSION FROM INCOME,
(including any related search, rescue, relief, RESOURCES, AND ASSETS FOR
assistance, or other similar activities) that PURPOSES OF MEANS TESTS-
occurred on September 11, 2001, shall not Notwithstanding any other law (other than
be subject to any limitation on obligations title IV of Public Law 107-42), for the
from amounts deposited to or available in purpose of any maximum allowed income,
the Fund, notwithstanding-- resource, or asset eligibility requirement in
any Federal, State, or local government
(1) section 619 of the Departments of program using Federal funds that provides
Commerce, Justice, and State, the Judiciary, medical or other assistance (or payment or
and Related Agencies Appropriations Act, reimbursement of the cost of such
2001, and any similar limitation on Fund assistance), any amount of crime victim
obligations in such Act for Fiscal Year compensation that the applicant receives
2002; and through a crime victim compensation
program under this section shall not be
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
included in the income, resources, or assets ineligible for future grants under the Victims
of the applicant, nor shall that amount of Crime Act of 1984.
reduce the amount of the assistance
available to the applicant from Federal, SEC. 623. CRIME VICTIM
State, or local government programs using ASSISTANCE.
Federal funds, unless the total amount of
assistance that the applicant receives from (a) ASSISTANCE FOR VICTIMS IN
all such programs is sufficient to fully THE DISTRICT OF COLUMBIA,
compensate the applicant for losses suffered PUERTO RICO, AND OTHER
as a result of the crime.'. TERRITORIES AND POSSESSIONS-
Section 1404(a) of the Victims of Crime Act
(d) DEFINITIONS OF of 1984 (42 U.S.C. 10603(a)) is amended by
`COMPENSABLE CRIME' AND `STATE'- adding at the end the following:
Section 1403(d) of the Victims of Crime Act
of 1984 (42 U.S.C. 10602(d)) is amended-- `(6) An agency of the Federal
Government performing local law
(1) in paragraph (3), by striking `crimes enforcement functions in and on behalf of
involving terrorism,'; and the District of Columbia, the
Commonwealth of Puerto Rico, the United
(2) in paragraph (4), by inserting `the States Virgin Islands, or any other territory
United States Virgin Islands,' after `the or possession of the United States may
Commonwealth of Puerto Rico,'. qualify as an eligible crime victim assistance
program for the purpose of grants under this
(e) RELATIONSHIP OF ELIGIBLE subsection, or for the purpose of grants
CRIME VICTIM COMPENSATION under subsection (c)(1).'.
PROGRAMS TO THE SEPTEMBER 11TH
VICTIM COMPENSATION FUND- (b) PROHIBITION ON
DISCRIMINATION AGAINST CERTAIN
(1) IN GENERAL- Section 1403(e) of VICTIMS- Section 1404(b)(1) of the
the Victims of Crime Act of 1984 (42 Victims of Crime Act of 1984 (42 U.S.C.
U.S.C. 10602(e)) is amended by inserting 10603(b)(1)) is amended--
ìncluding the program established under
title IV of Public Law 107-42,' after `Federal (1) in subparagraph (D), by striking ànd'
program,'. at the end;
(2) COMPENSATION- With respect to (2) in subparagraph (E), by striking the

any compensation payable under title IV of period at the end and inserting `; and'; and
Public Law 107-42, the failure of a crime
victim compensation program, after the (3) by adding at the end the following:
effective date of final regulations issued
pursuant to section 407 of Public Law 107- `(F) does not discriminate against victims
42, to provide compensation otherwise because they disagree with the way the State
required pursuant to section 1403 of the is prosecuting the criminal case.'.
Victims of Crime Act of 1984 (42 U.S.C.
10602) shall not render that program (c) GRANTS FOR PROGRAM
EVALUATION AND COMPLIANCE
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
EFFORTS- Section 1404(c)(1)(A) of the DOMESTIC TERRORISM- Section
Victims of Crime Act of 1984 (42 U.S.C. 1404B(b) of the Victims of Crime Act of
10603(c)(1)(A)) is amended by inserting `, 1984 (42 U.S.C. 10603b(b)) is amended to
program evaluation, compliance efforts,' read as follows:
after `demonstration projects'.
`(b) VICTIMS OF TERRORISM
(d) ALLOCATION OF WITHIN THE UNITED STATES- The
DISCRETIONARY GRANTS- Section Director may make supplemental grants as
1404(c)(2) of the Victims of Crime Act of provided in section 1402(d)(5) to States for
1984 (42 U.S.C. 10603(c)(2)) is amended-- eligible crime victim compensation and
assistance programs, and to victim service
(1) in subparagraph (A), by striking `not organizations, public agencies (including
more than' and inserting `not less than'; and Federal, State, or local governments) and
nongovernmental organizations that provide
(2) in subparagraph (B), by striking `not assistance to victims of crime, which shall
less than' and inserting `not more than'. be used to provide emergency relief,
including crisis response efforts, assistance,
(e) FELLOWSHIPS AND CLINICAL compensation, training and technical
INTERNSHIPS- Section 1404(c)(3) of the assistance, and ongoing assistance, including
Victims of Crime Act of 1984 (42 U.S.C. during any investigation or prosecution, to
10603(c)(3)) is amended-- victims of terrorist acts or mass violence
occurring within the United States.'.
(1) in subparagraph (C), by striking ànd'
at the end; (b) ASSISTANCE TO VICTIMS OF
INTERNATIONAL TERRORISM- Section
(2) in subparagraph (D), by striking the 1404B(a)(1) of the Victims of Crime Act of
period at the end and inserting `; and'; and 1984 (42 U.S.C. 10603b(a)(1)) is amended
by striking `who are not persons eligible for
(3) by adding at the end the following: compensation under title VIII of the
Omnibus Diplomatic Security and
`(E) use funds made available to the Antiterrorism Act of 1986'.
Director under this subsection--
(c) COMPENSATION TO VICTIMS OF
`(i) for fellowships and clinical INTERNATIONAL TERRORISM- Section
internships; and 1404C(b) of the Victims of Crime of 1984
(42 U.S.C. 10603c(b)) is amended by adding
`(ii) to carry out programs of training and at the end the following: `The amount of
special workshops for the presentation and compensation awarded to a victim under this
dissemination of information resulting from subsection shall be reduced by any amount
demonstrations, surveys, and special that the victim received in connection with
projects.'. the same act of international terrorism under
title VIII of the Omnibus Diplomatic
SEC. 624. VICTIMS OF TERRORISM. Security and Antiterrorism Act of 1986.'.
(a) COMPENSATION AND TITLE VII--INCREASED

ASSISTANCE TO VICTIMS OF INFORMATION SHARING FOR
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
CRITICAL INFRASTRUCTURE TITLE VIII--STRENGTHENING THE
PROTECTION CRIMINAL LAWS AGAINST
TERRORISM
SEC. 701. EXPANSION OF
REGIONAL INFORMATION SHARING SEC. 801. TERRORIST ATTACKS
SYSTEM TO FACILITATE FEDERAL- AND OTHER ACTS OF VIOLENCE
STATE-LOCAL LAW ENFORCEMENT AGAINST MASS TRANSPORTATION
RESPONSE RELATED TO TERRORIST SYSTEMS.
ATTACKS.
Chapter 97 of title 18, United States
Section 1301 of title I of the Omnibus Code, is amended by adding at the end the
Crime Control and Safe Streets Act of 1968 following:
(42 U.S.C. 3796h) is amended--
`Sec. 1993. Terrorist attacks and other
(1) in subsection (a), by inserting ànd acts of violence against mass transportation
terrorist conspiracies and activities' after systems
àctivities';
`(a) GENERAL PROHIBITIONS-
(2) in subsection (b)-- Whoever willfully--
(A) in paragraph (3), by striking ànd' `(1) wrecks, derails, sets fire to, or
after the semicolon; disables a mass transportation vehicle or
ferry;
(B) by redesignating paragraph (4) as
paragraph (5); `(2) places or causes to be placed any
biological agent or toxin for use as a
(C) by inserting after paragraph (3) the weapon, destructive substance, or
following: destructive device in, upon, or near a mass
transportation vehicle or ferry, without
`(4) establishing and operating secure previously obtaining the permission of the
information sharing systems to enhance the mass transportation provider, and with intent
investigation and prosecution abilities of to endanger the safety of any passenger or
participating enforcement agencies in employee of the mass transportation
addressing multi-jurisdictional terrorist provider, or with a reckless disregard for the
conspiracies and activities; and (5)'; and safety of human life;
(3) by inserting at the end the following: `(3) sets fire to, or places any biological
agent or toxin for use as a weapon,
`(d) AUTHORIZATION OF destructive substance, or destructive device
APPROPRIATION TO THE BUREAU OF in, upon, or near any garage, terminal,
JUSTICE ASSISTANCE- There are structure, supply, or facility used in the
authorized to be appropriated to the Bureau operation of, or in support of the operation
of Justice Assistance to carry out this section of, a mass transportation vehicle or ferry,
$50,000,000 for fiscal year 2002 and without previously obtaining the permission
$100,000,000 for fiscal year 2003.'. of the mass transportation provider, and
knowing or having reason to know such
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
activity would likely derail, disable, or transportation provider engaged in or
wreck a mass transportation vehicle or ferry affecting interstate or foreign commerce, or
used, operated, or employed by the mass if in the course of committing such act, that
transportation provider; person travels or communicates across a
State line in order to commit such act, or
`(4) removes appurtenances from, transports materials across a State line in aid
damages, or otherwise impairs the operation of the commission of such act.
of a mass transportation signal system,
including a train control system, centralized `(b) AGGRAVATED OFFENSE-
dispatching system, or rail grade crossing Whoever commits an offense under
warning signal without authorization from subsection (a) in a circumstance in which--
the mass transportation provider;
`(1) the mass transportation vehicle or
`(5) interferes with, disables, or ferry was carrying a passenger at the time of
incapacitates any dispatcher, driver, captain, the offense; or
or person while they are employed in
dispatching, operating, or maintaining a `(2) the offense has resulted in the death
mass transportation vehicle or ferry, with of any person,
intent to endanger the safety of any
passenger or employee of the mass shall be guilty of an aggravated form of
transportation provider, or with a reckless the offense and shall be fined under this title
disregard for the safety of human life; or imprisoned for a term of years or for life,
or both.
`(6) commits an act, including the use of
a dangerous weapon, with the intent to cause `(c) DEFINITIONS- In this section--
death or serious bodily injury to an
employee or passenger of a mass `(1) the term `biological agent' has the
transportation provider or any other person meaning given to that term in section 178(1)
while any of the foregoing are on the of this title;
property of a mass transportation provider;
`(2) the term `dangerous weapon' has the
`(7) conveys or causes to be conveyed meaning given to that term in section 930 of
false information, knowing the information this title;
to be false, concerning an attempt or alleged
attempt being made or to be made, to do any `(3) the term `destructive device' has the
act which would be a crime prohibited by meaning given to that term in section
this subsection; or 921(a)(4) of this title;
`(8) attempts, threatens, or conspires to `(4) the term `destructive substance' has
do any of the aforesaid acts, the meaning given to that term in section 31
of this title;
shall be fined under this title or
imprisoned not more than twenty years, or `(5) the term `mass transportation' has the
both, if such act is committed, or in the case meaning given to that term in section
of a threat or conspiracy such act would be 5302(a)(7) of title 49, United States Code,
committed, on, against, or affecting a mass
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
except that the term shall include schoolbus, `(A) involve acts dangerous to human
charter, and sightseeing transportation; life that are a violation of the criminal laws
of the United States or of any State;
`(6) the term `serious bodily injury' has
the meaning given to that term in section `(B) appear to be intended--
1365 of this title;
`(i) to intimidate or coerce a civilian
`(7) the term `State' has the meaning population;
given to that term in section 2266 of this
title; and `(ii) to influence the policy of a
government by intimidation or coercion; or
`(8) the term `toxin' has the meaning
given to that term in section 178(2) of this `(iii) to affect the conduct of a
title.'. government by mass destruction,
assassination, or kidnapping; and
(f) CONFORMING AMENDMENT-
The analysis of chapter 97 of title 18, United `(C) occur primarily within the territorial
States Code, is amended by adding at the jurisdiction of the United States.'.
end:
(b) CONFORMING AMENDMENT-
`1993. Terrorist attacks and other acts of Section 3077(1) of title 18, United States
violence against mass transportation Code, is amended to read as follows:
systems.'.
`(1) àct of terrorism' means an act of
SEC. 802. DEFINITION OF domestic or international terrorism as
DOMESTIC TERRORISM. defined in section 2331;'.
(a) DOMESTIC TERRORISM SEC. 803. PROHIBITION AGAINST

DEFINED- Section 2331 of title 18, United HARBORING TERRORISTS.
(a) IN GENERAL- Chapter 113B of title
(1) in paragraph (1)(B)(iii), by striking 18, United States Code, is amended by
`by assassination or kidnapping' and adding after section 2338 the following new
inserting `by mass destruction, assassination, section:
or kidnapping';
`Sec. 2339. Harboring or concealing
(2) in paragraph (3), by striking ànd'; terrorists
(3) in paragraph (4), by striking the `(a) Whoever harbors or conceals any
period at the end and inserting `; and'; and person who he knows, or has reasonable
grounds to believe, has committed, or is
(4) by adding at the end the following: about to commit, an offense under section
32 (relating to destruction of aircraft or
`(5) the term `domestic terrorism' means aircraft facilities), section 175 (relating to
activities that-- biological weapons), section 229 (relating to
chemical weapons), section 831 (relating to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
nuclear materials), paragraph (2) or (3) of `(A) the premises of United States
section 844(f) (relating to arson and diplomatic, consular, military or other
bombing of government property risking or United States Government missions or
causing injury or death), section 1366(a) entities in foreign States, including the
(relating to the destruction of an energy buildings, parts of buildings, and land
facility), section 2280 (relating to violence appurtenant or ancillary thereto or used for
against maritime navigation), section 2332a purposes of those missions or entities,
(relating to weapons of mass destruction), or irrespective of ownership; and
section 2332b (relating to acts of terrorism
transcending national boundaries) of this `(B) residences in foreign States and the
title, section 236(a) (relating to sabotage of land appurtenant or ancillary thereto,
nuclear facilities or fuel) of the Atomic irrespective of ownership, used for purposes
Energy Act of 1954 (42 U.S.C. 2284(a)), or of those missions or entities or used by
section 46502 (relating to aircraft piracy) of United States personnel assigned to those
title 49, shall be fined under this title or missions or entities.
imprisoned not more than ten years, or
both.'. Nothing in this paragraph shall be
deemed to supersede any treaty or
`(b) A violation of this section may be international agreement with which this
prosecuted in any Federal judicial district in paragraph conflicts. This paragraph does not
which the underlying offense was apply with respect to an offense committed
committed, or in any other Federal judicial by a person described in section 3261(a) of
district as provided by law.'. this title.'.
(b) TECHNICAL AMENDMENT- The SEC. 805. MATERIAL SUPPORT FOR

chapter analysis for chapter 113B of title 18, TERRORISM.
United States Code, is amended by inserting
after the item for section 2338 the following: (a) IN GENERAL- Section 2339A of
title 18, United States Code, is amended--
`2339. Harboring or concealing
terrorists.'. (1) in subsection (a)--
SEC. 804. JURISDICTION OVER (A) by striking `, within the United

CRIMES COMMITTED AT U.S. States,';
FACILITIES ABROAD.
(B) by inserting `229,' after `175,';
Section 7 of title 18, United States Code,
is amended by adding at the end the (C) by inserting `1993,' after `1992,';
following:
(D) by inserting `, section 236 of the
`(9) With respect to offenses committed Atomic Energy Act of 1954 (42 U.S.C.
by or against a national of the United States 2284),' after òf this title';
as that term is used in section 101 of the
Immigration and Nationality Act-- (E) by inserting òr 60123(b)' after
`46502'; and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(F) by inserting at the end the following: residents of the United States, or their
À violation of this section may be property; or
prosecuted in any Federal judicial district in
which the underlying offense was `(iii) derived from, involved in, or used
committed, or in any other Federal judicial or intended to be used to commit any act of
district as provided by law.'; and domestic or international terrorism (as
defined in section 2331) against the United
(2) in subsection (b)-- States, citizens or residents of the United
States, or their property.'.
(A) by striking òr other financial
securities' and inserting òr monetary SEC. 807. TECHNICAL
instruments or financial securities'; and CLARIFICATION RELATING TO
PROVISION OF MATERIAL SUPPORT
(B) by inserting èxpert advice or TO TERRORISM.
assistance,' after `training,'.
No provision of the Trade Sanctions
(b) TECHNICAL AMENDMENT- Reform and Export Enhancement Act of
Section 1956(c)(7)(D) of title 18, United 2000 (title IX of Public Law 106-387) shall
States Code, is amended by inserting òr be construed to limit or otherwise affect
2339B' after `2339A'. section 2339A or 2339B of title 18, United
States Code.
SEC. 806. ASSETS OF TERRORIST
ORGANIZATIONS. SEC. 808. DEFINITION OF FEDERAL
CRIME OF TERRORISM.
Section 981(a)(1) of title 18, United
States Code, is amended by inserting at the Section 2332b of title 18, United States
end the following: Code, is amended--
`(G) All assets, foreign or domestic-- (1) in subsection (f), by inserting ànd
any violation of section 351(e), 844(e),
`(i) of any individual, entity, or 844(f)(1), 956(b), 1361, 1366(b), 1366(c),
organization engaged in planning or 1751(e), 2152, or 2156 of this title,' before
perpetrating any act of domestic or ànd the Secretary'; and
international terrorism (as defined in section
2331) against the United States, citizens or (2) in subsection (g)(5)(B), by striking
residents of the United States, or their clauses (i) through (iii) and inserting the
property, and all assets, foreign or domestic, following:
affording any person a source of influence
over any such entity or organization; `(i) section 32 (relating to destruction of
aircraft or aircraft facilities), 37 (relating to
`(ii) acquired or maintained by any violence at international airports), 81
person with the intent and for the purpose of (relating to arson within special maritime
supporting, planning, conducting, or and territorial jurisdiction), 175 or 175b
concealing an act of domestic or (relating to biological weapons), 229
international terrorism (as defined in section (relating to chemical weapons), subsection
2331) against the United States, citizens or (a), (b), (c), or (d) of section 351 (relating to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
congressional, cabinet, and Supreme Court harboring terrorists), 2339A (relating to
assassination and kidnaping), 831 (relating providing material support to terrorists),
to nuclear materials), 842(m) or (n) (relating 2339B (relating to providing material
to plastic explosives), 844(f)(2) or (3) support to terrorist organizations), or 2340A
(relating to arson and bombing of (relating to torture) of this title;
Government property risking or causing
death), 844(i) (relating to arson and `(ii) section 236 (relating to sabotage of
bombing of property used in interstate nuclear facilities or fuel) of the Atomic
commerce), 930(c) (relating to killing or Energy Act of 1954 (42 U.S.C. 2284); or
attempted killing during an attack on a
Federal facility with a dangerous weapon), `(iii) section 46502 (relating to aircraft
956(a)(1) (relating to conspiracy to murder, piracy), the second sentence of section
kidnap, or maim persons abroad), 1030(a)(1) 46504 (relating to assault on a flight crew
(relating to protection of computers), with a dangerous weapon), section
1030(a)(5)(A)(i) resulting in damage as 46505(b)(3) or (c) (relating to explosive or
defined in 1030(a)(5)(B)(ii) through (v) incendiary devices, or endangerment of
(relating to protection of computers), 1114 human life by means of weapons, on
(relating to killing or attempted killing of aircraft), section 46506 if homicide or
officers and employees of the United attempted homicide is involved (relating to
States), 1116 (relating to murder or application of certain criminal laws to acts
manslaughter of foreign officials, official on aircraft), or section 60123(b) (relating to
guests, or internationally protected persons), destruction of interstate gas or hazardous
1203 (relating to hostage taking), 1362 liquid pipeline facility) of title 49.'.
(relating to destruction of communication
lines, stations, or systems), 1363 (relating to SEC. 809. NO STATUTE OF
injury to buildings or property within special LIMITATION FOR CERTAIN
maritime and territorial jurisdiction of the TERRORISM OFFENSES.
United States), 1366(a) (relating to
destruction of an energy facility), 1751(a), (a) IN GENERAL- Section 3286 of title
(b), (c), or (d) (relating to Presidential and 18, United States Code, is amended to read
Presidential staff assassination and as follows:
kidnaping), 1992 (relating to wrecking
trains), 1993 (relating to terrorist attacks and `Sec. 3286. Extension of statute of
other acts of violence against mass limitation for certain terrorism offenses
transportation systems), 2155 (relating to
destruction of national defense materials, `(a) EIGHT-YEAR LIMITATION-
premises, or utilities), 2280 (relating to Notwithstanding section 3282, no person
violence against maritime navigation), 2281 shall be prosecuted, tried, or punished for
(relating to violence against maritime fixed any noncapital offense involving a violation
platforms), 2332 (relating to certain of any provision listed in section
homicides and other violence against United 2332b(g)(5)(B), or a violation of section
States nationals occurring outside of the 112, 351(e), 1361, or 1751(e) of this title, or
United States), 2332a (relating to use of section 46504, 46505, or 46506 of title 49,
weapons of mass destruction), 2332b unless the indictment is found or the
(relating to acts of terrorism transcending information is instituted within 8 years after
national boundaries), 2339 (relating to the offense was committed. Notwithstanding
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the preceding sentence, offenses listed in
section 3295 are subject to the statute of (1) by striking `10' and inserting `15'; and
limitations set forth in that section.
(2) by striking the period and inserting `,
`(b) NO LIMITATION- Notwithstanding and, if the death of any person results, shall
any other law, an indictment may be found be imprisoned for any term of years or for
or an information instituted at any time life.'.
without limitation for any offense listed in
section 2332b(g)(5)(B), if the commission of (d) MATERIAL SUPPORT TO
such offense resulted in, or created a DESIGNATED FOREIGN TERRORIST
forseeable risk of, death or serious bodily ORGANIZATIONS- Section 2339B(a)(1)
injury to another person.'. of title 18, United States Code, is amended--
(b) APPLICATION- The amendments (1) by striking `10' and inserting `15'; and
made by this section shall apply to the
prosecution of any offense committed (2) by striking the period after òr both'
before, on, or after the date of the enactment and inserting `, and, if the death of any
of this section. person results, shall be imprisoned for any
term of years or for life.'.
SEC. 810. ALTERNATE MAXIMUM
PENALTIES FOR TERRORISM (e) DESTRUCTION OF NATIONAL-
OFFENSES. DEFENSE MATERIALS- Section 2155(a)
of title 18, United States Code, is amended--
(a) ARSON- Section 81 of title 18,
United States Code, is amended in the (1) by striking `ten' and inserting `20';
second undesignated paragraph by striking and
`not more than twenty years' and inserting
`for any term of years or for life'. (2) by striking the period at the end and
inserting `, and, if death results to any
(b) DESTRUCTION OF AN ENERGY person, shall be imprisoned for any term of
FACILITY- Section 1366 of title 18, United years or for life.'.
(f) SABOTAGE OF NUCLEAR
(1) in subsection (a), by striking `ten' and FACILITIES OR FUEL- Section 236 of the
inserting `20'; and Atomic Energy Act of 1954 (42 U.S.C.
2284), is amended--
(1) by striking `ten' each place it appears
`(d) Whoever is convicted of a violation and inserting `20';
of subsection (a) or (b) that has resulted in
the death of any person shall be subject to (2) in subsection (a), by striking the
imprisonment for any term of years or life.'. period at the end and inserting `, and, if
death results to any person, shall be
(c) MATERIAL SUPPORT TO imprisoned for any term of years or for life.';
TERRORISTS- Section 2339A(a) of title and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(3) in subsection (b), by striking the (b) KILLINGS IN FEDERAL
period at the end and inserting `, and, if FACILITIES- Section 930(c) of title 18,
death results to any person, shall be United States Code, is amended--
imprisoned for any term of years or for life.'.
(1) by striking òr attempts to kill';
(g) SPECIAL AIRCRAFT
JURISDICTION OF THE UNITED (2) by inserting òr attempts or conspires
STATES- Section 46505(c) of title 49, to do such an act,' before `shall be punished';
United States Code, is amended-- and
(1) by striking `15' and inserting `20'; and (3) by striking ànd 1113' and inserting
`1113, and 1117'.
(2) by striking the period at the end and
inserting `, and, if death results to any (c) COMMUNICATIONS LINES,
person, shall be imprisoned for any term of STATIONS, OR SYSTEMS- Section 1362
years or for life.'. of title 18, United States Code, is amended
in the first undesignated paragraph--
(h) DAMAGING OR DESTROYING
AN INTERSTATE GAS OR (1) by striking òr attempts willfully or
HAZARDOUS LIQUID PIPELINE maliciously to injure or destroy'; and
FACILITY- Section 60123(b) of title 49,
United States Code, is amended-- (2) by inserting òr attempts or conspires
to do such an act,' before `shall be fined'.
(1) by striking `15' and inserting `20'; and
(d) BUILDINGS OR PROPERTY
(2) by striking the period at the end and WITHIN SPECIAL MARITIME AND
inserting `, and, if death results to any TERRITORIAL JURISDICTION- Section
person, shall be imprisoned for any term of 1363 of title 18, United States Code, is
years or for life.'. amended--
SEC. 811. PENALTIES FOR (1) by striking òr attempts to destroy or

TERRORIST CONSPIRACIES. injure'; and
(a) ARSON- Section 81 of title 18, (2) by inserting òr attempts or conspires
United States Code, is amended in the first to do such an act,' before `shall be fined' the
undesignated paragraph-- first place it appears.
(1) by striking `, or attempts to set fire to (e) WRECKING TRAINS- Section 1992
or burn'; and of title 18, United States Code, is amended
by adding at the end the following:
(2) by inserting òr attempts or conspires
to do such an act,' before `shall be `(c) A person who conspires to commit
imprisoned'. any offense defined in this section shall be
subject to the same penalties (other than the
penalty of death) as the penalties prescribed
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
for the offense, the commission of which (i) INTERFERENCE WITH FLIGHT
was the object of the conspiracy.'. CREW MEMBERS AND ATTENDANTS-
Section 46504 of title 49, United States
(f) MATERIAL SUPPORT TO Code, is amended by inserting òr attempts
TERRORISTS- Section 2339A of title 18, or conspires to do such an act,' before `shall
United States Code, is amended by inserting be fined'.
òr attempts or conspires to do such an act,'
before `shall be fined'. (j) SPECIAL AIRCRAFT
JURISDICTION OF THE UNITED
(g) TORTURE- Section 2340A of title STATES- Section 46505 of title 49, United
18, United States Code, is amended by States Code, is amended by adding at the
adding at the end the following: end the following:
`(c) CONSPIRACY- A person who `(e) CONSPIRACY- If two or more

conspires to commit an offense under this persons conspire to violate subsection (b) or
section shall be subject to the same penalties (c), and one or more of such persons do any
(other than the penalty of death) as the act to effect the object of the conspiracy,
penalties prescribed for the offense, the each of the parties to such conspiracy shall
commission of which was the object of the be punished as provided in such subsection.'.
conspiracy.'.
(k) DAMAGING OR DESTROYING
(h) SABOTAGE OF NUCLEAR AN INTERSTATE GAS OR
FACILITIES OR FUEL- Section 236 of the HAZARDOUS LIQUID PIPELINE
Atomic Energy Act of 1954 (42 U.S.C. FACILITY- Section 60123(b) of title 49,
2284), is amended-- United States Code, is amended--
(1) in subsection (a)-- (1) by striking `, or attempting to damage

or destroy,'; and
(A) by striking `, or who intentionally
and willfully attempts to destroy or cause (2) by inserting `, or attempting or
physical damage to'; conspiring to do such an act,' before `shall
be fined'.
(B) in paragraph (4), by striking the
period at the end and inserting a comma; and SEC. 812. POST-RELEASE
SUPERVISION OF TERRORISTS.
(C) by inserting òr attempts or conspires
to do such an act,' before `shall be fined'; Section 3583 of title 18, United States
and Code, is amended by adding at the end the
following:
(2) in subsection (b)--
`(j) SUPERVISED RELEASE TERMS
(A) by striking òr attempts to cause'; and FOR TERRORISM PREDICATES-
Notwithstanding subsection (b), the
(B) by inserting òr attempts or conspires authorized term of supervised release for
to do such an act,' before `shall be fined'. any offense listed in section 2332b(g)(5)(B),
the commission of which resulted in, or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
created a foreseeable risk of, death or only, loss resulting from a related course of
serious bodily injury to another person, is conduct affecting 1 or more other protected
any term of years or life.'. computers) aggregating at least $5,000 in
value;
SEC. 813. INCLUSION OF ACTS OF
TERRORISM AS RACKETEERING `(ii) the modification or impairment, or
ACTIVITY. potential modification or impairment, of the
medical examination, diagnosis, treatment,
Section 1961(1) of title 18, United States or care of 1 or more individuals;
Code, is amended--
`(iii) physical injury to any person;
(1) by striking òr (F)' and inserting `(F)';
and `(iv) a threat to public health or safety; or
(2) by inserting before the semicolon at `(v) damage affecting a computer system
the end the following: `, or (G) any act that used by or for a government entity in
is indictable under any provision listed in furtherance of the administration of justice,
section 2332b(g)(5)(B)'. national defense, or national security;'.
SEC. 814. DETERRENCE AND (b) PROTECTION FROM

PREVENTION OF CYBERTERRORISM. EXTORTION- Section 1030(a)(7) of title
18, United States Code, is amended by
(a) CLARIFICATION OF striking `, firm, association, educational
PROTECTION OF PROTECTED institution, financial institution, government
COMPUTERS- Section 1030(a)(5) of title entity, or other legal entity,'.
(c) PENALTIES- Section 1030(c) of title
(1) by inserting `(i)' after `(A)'; 18, United States Code, is amended--
(2) by redesignating subparagraphs (B) (1) in paragraph (2)--

and (C) as clauses (ii) and (iii), respectively;
(A) in subparagraph (A) --
(3) by adding ànd' at the end of clause
(iii), as so redesignated; and (i) by inserting èxcept as provided in
subparagraph (B),' before à fine';
(ii) by striking `(a)(5)(C)' and inserting
`(B) by conduct described in clause (i), `(a)(5)(A)(iii)'; and
(ii), or (iii) of subparagraph (A), caused (or,
in the case of an attempted offense, would, if (iii) by striking ànd' at the end;
completed, have caused)--
(B) in subparagraph (B), by inserting òr
`(i) loss to 1 or more persons during any an attempt to commit an offense punishable
1-year period (and, for purposes of an under this subparagraph,' after `subsection
investigation, prosecution, or other (a)(2),' in the matter preceding clause (i);
proceeding brought by the United States and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(2) in paragraph (7), by striking ànd' at
(C) in subparagraph (C), by striking ànd' the end;
at the end;
(3) by striking paragraph (8) and
(2) in paragraph (3)-- inserting the following:
(A) by striking `, (a)(5)(A), (a)(5)(B),' `(8) the term `damage' means any
both places it appears; and impairment to the integrity or availability of
data, a program, a system, or information;';
(B) by striking `(a)(5)(C)' and inserting
`(a)(5)(A)(iii)'; and (4) in paragraph (9), by striking the
period at the end and inserting a semicolon;
(3) by adding at the end the following: and
`(4)(A) a fine under this title, (5) by adding at the end the following:
imprisonment for not more than 10 years, or
both, in the case of an offense under `(10) the term `conviction' shall include a
subsection (a)(5)(A)(i), or an attempt to conviction under the law of any State for a
commit an offense punishable under that crime punishable by imprisonment for more
subsection; than 1 year, an element of which is
unauthorized access, or exceeding
`(B) a fine under this title, imprisonment authorized access, to a computer;
for not more than 5 years, or both, in the
case of an offense under subsection `(11) the term `loss' means any
(a)(5)(A)(ii), or an attempt to commit an reasonable cost to any victim, including the
offense punishable under that subsection; cost of responding to an offense, conducting
a damage assessment, and restoring the data,
`(C) a fine under this title, imprisonment program, system, or information to its
for not more than 20 years, or both, in the condition prior to the offense, and any
case of an offense under subsection revenue lost, cost incurred, or other
(a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to consequential damages incurred because of
commit an offense punishable under either interruption of service; and
subsection, that occurs after a conviction for
another offense under this section.'. `(12) the term `person' means any
individual, firm, corporation, educational
(d) DEFINITIONS- Section 1030(e) of institution, financial institution,
title 18, United States Code is amended-- governmental entity, or legal or other
entity.'.
(1) in paragraph (2)(B), by inserting `,
including a computer located outside the (e) DAMAGES IN CIVIL ACTIONS-
United States that is used in a manner that Section 1030(g) of title 18, United States
affects interstate or foreign commerce or Code is amended--
communication of the United States' before
the semicolon; (1) by striking the second sentence and
inserting the following: À civil action for a
violation of this section may be brought only
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
if the conduct involves 1 of the factors set forensic laboratories, in order that all such
forth in clause (i), (ii), (iii), (iv), or (v) of computer forensic laboratories have the
subsection (a)(5)(B). Damages for a capability--
violation involving only conduct described
in subsection (a)(5)(B)(i) are limited to (1) to provide forensic examinations with
economic damages.'; and respect to seized or intercepted computer
evidence relating to criminal activity
(2) by adding at the end the following: (including cyberterrorism);
`No action may be brought under this
subsection for the negligent design or (2) to provide training and education for
manufacture of computer hardware, Federal, State, and local law enforcement
computer software, or firmware.'. personnel and prosecutors regarding
investigations, forensic analyses, and
(f) AMENDMENT OF SENTENCING prosecutions of computer-related crime
GUIDELINES RELATING TO CERTAIN (including cyberterrorism);
COMPUTER FRAUD AND ABUSE-
Pursuant to its authority under section (3) to assist Federal, State, and local law
994(p) of title 28, United States Code, the enforcement in enforcing Federal, State, and
United States Sentencing Commission shall local criminal laws relating to computer-
amend the Federal sentencing guidelines to related crime;
ensure that any individual convicted of a
violation of section 1030 of title 18, United (4) to facilitate and promote the sharing
States Code, can be subjected to appropriate of Federal law enforcement expertise and
penalties, without regard to any mandatory information about the investigation,
minimum term of imprisonment. analysis, and prosecution of computer-
related crime with State and local law
SEC. 815. ADDITIONAL DEFENSE enforcement personnel and prosecutors,
TO CIVIL ACTIONS RELATING TO including the use of multijurisdictional task
PRESERVING RECORDS IN RESPONSE forces; and
TO GOVERNMENT REQUESTS.
(5) to carry out such other activities as
Section 2707(e)(1) of title 18, United the Attorney General considers appropriate.
States Code, is amended by inserting after
òr statutory authorization' the following: (b) AUTHORIZATION OF
`(including a request of a governmental APPROPRIATIONS-
entity under section 2703(f) of this title)'.
(1) AUTHORIZATION- There is hereby
SEC. 816. DEVELOPMENT AND authorized to be appropriated in each fiscal
SUPPORT OF CYBERSECURITY year $50,000,000 for purposes of carrying
FORENSIC CAPABILITIES. out this section.
(a) IN GENERAL- The Attorney (2) AVAILABILITY- Amounts

General shall establish such regional appropriated pursuant to the authorization of
computer forensic laboratories as the appropriations in paragraph (1) shall remain
Attorney General considers appropriate, and available until expended.
provide support to existing computer
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SEC. 817. EXPANSION OF THE
BIOLOGICAL WEAPONS STATUTE. `(a) No restricted person described in
subsection (b) shall ship or transport
Chapter 10 of title 18, United States interstate or foreign commerce, or possess in
Code, is amended-- or affecting commerce, any biological agent
or toxin, or receive any biological agent or
(1) in section 175-- toxin that has been shipped or transported in
interstate or foreign commerce, if the
(A) in subsection (b)-- biological agent or toxin is listed as a select
agent in subsection (j) of section 72.6 of title
(i) by striking `does not include' and 42, Code of Federal Regulations, pursuant to
inserting ìncludes'; section 511(d)(l) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public
(ii) by inserting òther than' after `system Law 104-132), and is not exempted under
for'; and subsection (h) of such section 72.6, or
appendix A of part 72 of the Code of
(iii) by inserting `bona fide research' after Regulations.
`protective';
`(b) In this section:
(B) by redesignating subsection (b) as
subsection (c); and `(1) The term `select agent' does not
include any such biological agent or toxin
(C) by inserting after subsection (a) the that is in its naturally-occurring
following: environment, if the biological agent or toxin
has not been cultivated, collected, or
`(b) ADDITIONAL OFFENSE- otherwise extracted from its natural source.
Whoever knowingly possesses any
biological agent, toxin, or delivery system of `(2) The term `restricted person' means
a type or in a quantity that, under the an individual who--
circumstances, is not reasonably justified by
a prophylactic, protective, bona fide `(A) is under indictment for a crime
research, or other peaceful purpose, shall be punishable by imprisonment for a term
fined under this title, imprisoned not more exceeding 1 year;
than 10 years, or both. In this subsection, the
terms `biological agent' and `toxin' do not `(B) has been convicted in any court of a
encompass any biological agent or toxin that crime punishable by imprisonment for a
is in its naturally occurring environment, if term exceeding 1 year;
the biological agent or toxin has not been
cultivated, collected, or otherwise extracted `(C) is a fugitive from justice;
from its natural source.';
`(D) is an unlawful user of any controlled
(2) by inserting after section 175a the substance (as defined in section 102 of the
following: Controlled Substances Act (21 U.S.C. 802));
`SEC. 175b. POSSESSION BY `(E) is an alien illegally or unlawfully in

RESTRICTED PERSONS. the United States;
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`175b. Possession by restricted persons.'.
`(F) has been adjudicated as a mental
defective or has been committed to any TITLE IX--IMPROVED
mental institution; INTELLIGENCE
`(G) is an alien (other than an alien SEC. 901. RESPONSIBILITIES OF

lawfully admitted for permanent residence) DIRECTOR OF CENTRAL
who is a national of a country as to which INTELLIGENCE REGARDING FOREIGN
the Secretary of State, pursuant to section INTELLIGENCE COLLECTED UNDER
6(j) of the Export Administration Act of FOREIGN INTELLIGENCE
1979 (50 U.S.C. App. 2405(j)), section SURVEILLANCE ACT OF 1978.
620A of chapter 1 of part M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371), or Section 103(c) of the National Security
section 40(d) of chapter 3 of the Arms Act of 1947 (50 U.S.C. 403-3(c)) is
Export Control Act (22 U.S.C. 2780(d)), has amended--
made a determination (that remains in
effect) that such country has repeatedly (1) by redesignating paragraphs (6) and
provided support for acts of international (7) as paragraphs (7) and (8), respectively;
terrorism; or and
`(H) has been discharged from the (2) by inserting after paragraph (5) the
Armed Services of the United States under following new paragraph (6):
dishonorable conditions.
`(6) establish requirements and priorities
`(3) The term àlien' has the same for foreign intelligence information to be
meaning as in section 1010(a)(3) of the collected under the Foreign Intelligence
Immigration and Nationality Act (8 U.S.C. Surveillance Act of 1978 (50 U.S.C. 1801 et
1101(a)(3)). seq.), and provide assistance to the Attorney
General to ensure that information derived
`(4) The term `lawfully admitted for from electronic surveillance or physical
permanent residence' has the same meaning searches under that Act is disseminated so it
as in section 101(a)(20) of the Immigration may be used efficiently and effectively for
and Nationality Act (8 U.S.C. 1101(a)(20)). foreign intelligence purposes, except that the
Director shall have no authority to direct,
`(c) Whoever knowingly violates this manage, or undertake electronic surveillance
section shall be fined as provided in this or physical search operations pursuant to
title, imprisoned not more than 10 years, or that Act unless otherwise authorized by
both, but the prohibition contained in this statute or executive order;'.
section shall not apply with respect to any
duly authorized United States governmental SEC. 902. INCLUSION OF
activity.'; and INTERNATIONAL TERRORIST
ACTIVITIES WITHIN SCOPE OF
(3) in the chapter analysis, by inserting FOREIGN INTELLIGENCE UNDER
after the item relating to section 175a the NATIONAL SECURITY ACT OF 1947.
following:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Section 3 of the National Security Act of any covered intelligence report under the
1947 (50 U.S.C. 401a) is amended-- jurisdiction of such official until February 1,
2002.
(1) in paragraph (2), by inserting before
the period the following: `, or international (b) COVERED INTELLIGENCE
terrorist activities'; and REPORT- Except as provided in subsection
(c), for purposes of subsection (a), a covered
(2) in paragraph (3), by striking ànd intelligence report is as follows:
activities conducted' and inserting `, and
activities conducted,'. (1) Any report on intelligence or
intelligence-related activities of the United
SEC. 903. SENSE OF CONGRESS ON States Government that is required to be
THE ESTABLISHMENT AND submitted to Congress by an element of the
MAINTENANCE OF INTELLIGENCE intelligence community during the effective
RELATIONSHIPS TO ACQUIRE period of this section.
INFORMATION ON TERRORISTS AND
TERRORIST ORGANIZATIONS. (2) Any report or other matter that is
required to be submitted to the Select
It is the sense of Congress that officers Committee on Intelligence of the Senate and
and employees of the intelligence Permanent Select Committee on Intelligence
community of the Federal Government, of the House of Representatives by the
acting within the course of their official Department of Defense or the Department of
duties, should be encouraged, and should Justice during the effective period of this
make every effort, to establish and maintain section.
intelligence relationships with any person,
entity, or group for the purpose of engaging (c) EXCEPTION FOR CERTAIN
in lawful intelligence activities, including REPORTS- For purposes of subsection (a),
the acquisition of information on the any report required by section 502 or 503 of
identity, location, finances, affiliations, the National Security Act of 1947 (50
capabilities, plans, or intentions of a terrorist U.S.C. 413a, 413b) is not a covered
or terrorist organization, or information on intelligence report.
any other person, entity, or group (including
a foreign government) engaged in harboring, (d) NOTICE TO CONGRESS- Upon
comforting, financing, aiding, or assisting a deferring the date of submittal to Congress
terrorist or terrorist organization. of a covered intelligence report under
subsection (a), the official deferring the date
SEC. 904. TEMPORARY AUTHORITY of submittal of the covered intelligence
TO DEFER SUBMITTAL TO CONGRESS report shall submit to Congress notice of the
OF REPORTS ON INTELLIGENCE AND deferral. Notice of deferral of a report shall
INTELLIGENCE-RELATED MATTERS. specify the provision of law, if any, under
which the report would otherwise be
(a) AUTHORITY TO DEFER- The submitted to Congress.
Secretary of Defense, Attorney General, and
Director of Central Intelligence each may, (e) EXTENSION OF DEFERRAL- (1)
during the effective period of this section, Each official specified in subsection (a) may
defer the date of submittal to Congress of defer the date of submittal to Congress of a
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
covered intelligence report under the (2) by inserting after section 105A the
jurisdiction of such official to a date after following new section 105B:
February 1, 2002, if such official submits to
the committees of Congress specified in `DISCLOSURE OF FOREIGN
subsection (b)(2) before February 1, 2002, a INTELLIGENCE ACQUIRED IN
certification that preparation and submittal CRIMINAL INVESTIGATIONS; NOTICE
of the covered intelligence report on OF CRIMINAL INVESTIGATIONS OF
February 1, 2002, will impede the work of FOREIGN INTELLIGENCE SOURCES
officers or employees who are engaged in
counterterrorism activities. `SEC. 105B. (a) DISCLOSURE OF
FOREIGN INTELLIGENCE- (1) Except as
(2) A certification under paragraph (1) otherwise provided by law and subject to
with respect to a covered intelligence report paragraph (2), the Attorney General, or the
shall specify the date on which the covered head of any other department or agency of
intelligence report will be submitted to the Federal Government with law
Congress. enforcement responsibilities, shall
expeditiously disclose to the Director of
(f) EFFECTIVE PERIOD- The effective Central Intelligence, pursuant to guidelines
period of this section is the period beginning developed by the Attorney General in
on the date of the enactment of this Act and consultation with the Director, foreign
ending on February 1, 2002. intelligence acquired by an element of the
Department of Justice or an element of such
(g) ELEMENT OF THE department or agency, as the case may be, in
INTELLIGENCE COMMUNITY the course of a criminal investigation.
DEFINED- In this section, the term
èlement of the intelligence community' `(2) The Attorney General by regulation
means any element of the intelligence and in consultation with the Director of
community specified or designated under Central Intelligence may provide for
section 3(4) of the National Security Act of exceptions to the applicability of paragraph
1947 (50 U.S.C. 401a(4)). (1) for one or more classes of foreign
intelligence, or foreign intelligence with
SEC. 905. DISCLOSURE TO respect to one or more targets or matters, if
DIRECTOR OF CENTRAL the Attorney General determines that
INTELLIGENCE OF FOREIGN disclosure of such foreign intelligence under
INTELLIGENCE-RELATED that paragraph would jeopardize an ongoing
INFORMATION WITH RESPECT TO law enforcement investigation or impair
CRIMINAL INVESTIGATIONS. other significant law enforcement interests.
(a) IN GENERAL- Title I of the National `(b) PROCEDURES FOR NOTICE OF

Security Act of 1947 (50 U.S.C. 402 et seq.) CRIMINAL INVESTIGATIONS- Not later
is amended-- than 180 days after the date of enactment of
this section, the Attorney General, in
(1) by redesignating subsection 105B as consultation with the Director of Central
section 105C; and Intelligence, shall develop guidelines to
ensure that after receipt of a report from an
element of the intelligence community of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
activity of a foreign intelligence source or feasibility and desirability of reconfiguring
potential foreign intelligence source that the Foreign Terrorist Asset Tracking Center
may warrant investigation as criminal and the Office of Foreign Assets Control of
activity, the Attorney General provides the Department of the Treasury in order to
notice to the Director of Central establish a capability to provide for the
Intelligence, within a reasonable period of effective and efficient analysis and
time, of his intention to commence, or dissemination of foreign intelligence relating
decline to commence, a criminal to the financial capabilities and resources of
investigation of such activity. international terrorist organizations.
`(c) PROCEDURES- The Attorney (b) REPORT REQUIREMENTS- (1) In

General shall develop procedures for the preparing the report under subsection (a),
administration of this section, including the the Attorney General, the Secretary, and the
disclosure of foreign intelligence by Director shall consider whether, and to what
elements of the Department of Justice, and extent, the capacities and resources of the
elements of other departments and agencies Financial Crimes Enforcement Center of the
of the Federal Government, under Department of the Treasury may be
subsection (a) and the provision of notice integrated into the capability contemplated
with respect to criminal investigations under by the report.
subsection (b).'.
(2) If the Attorney General, Secretary,
(b) CLERICAL AMENDMENT- The and the Director determine that it is feasible
table of contents in the first section of that and desirable to undertake the
Act is amended by striking the item relating reconfiguration described in subsection (a)
to section 105B and inserting the following in order to establish the capability described
new items: in that subsection, the Attorney General, the
Secretary, and the Director shall include
`Sec. 105B. Disclosure of foreign with the report under that subsection a
intelligence acquired in criminal detailed proposal for legislation to achieve
investigations; notice of criminal the reconfiguration.
investigations of foreign intelligence
sources. SEC. 907. NATIONAL VIRTUAL
TRANSLATION CENTER.
`Sec. 105C. Protection of the operational
files of the National Imagery and Mapping (a) REPORT ON ESTABLISHMENT-
Agency.'. (1) Not later than February 1, 2002, the
Director of Central Intelligence shall, in
SEC. 906. FOREIGN TERRORIST consultation with the Director of the Federal
ASSET TRACKING CENTER. Bureau of Investigation, submit to the
appropriate committees of Congress a report
(a) REPORT ON on the establishment and maintenance
RECONFIGURATION- Not later than within the intelligence community of an
February 1, 2002, the Attorney General, the element for purposes of providing timely
Director of Central Intelligence, and the and accurate translations of foreign
Secretary of the Treasury shall jointly intelligence for all other elements of the
submit to Congress a report on the intelligence community. In the report, the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
element shall be referred to as the `National communications between the element
Virtual Translation Center'. described by subsection (a) and the other
elements of the intelligence community.
(2) The report on the element described
in paragraph (1) shall discuss the use of (d) DEFINITIONS- In this section:
state-of-the-art communications technology,
the integration of existing translation (1) FOREIGN INTELLIGENCE- The
capabilities in the intelligence community, term `foreign intelligence' has the meaning
and the utilization of remote-connection given that term in section 3(2) of the
capacities so as to minimize the need for a National Security Act of 1947 (50 U.S.C.
central physical facility for the element. 401a(2)).
(b) RESOURCES- The report on the (2) ELEMENT OF THE

element required by subsection (a) shall INTELLIGENCE COMMUNITY- The term
address the following: èlement of the intelligence community'
means any element of the intelligence
(1) The assignment to the element of a community specified or designated under
staff of individuals possessing a broad range section 3(4) of the National Security Act of
of linguistic and translation skills 1947 (50 U.S.C. 401a(4)).
appropriate for the purposes of the element.
SEC. 908. TRAINING OF
(2) The provision to the element of GOVERNMENT OFFICIALS
communications capabilities and systems REGARDING IDENTIFICATION AND
that are commensurate with the most current USE OF FOREIGN INTELLIGENCE.
and sophisticated communications
capabilities and systems available to other (a) PROGRAM REQUIRED- The
elements of intelligence community. Attorney General shall, in consultation with
the Director of Central Intelligence, carry
(3) The assurance, to the maximum out a program to provide appropriate
extent practicable, that the communications training to officials described in subsection
capabilities and systems provided to the (b) in order to assist such officials in--
element will be compatible with
communications capabilities and systems (1) identifying foreign intelligence
utilized by the Federal Bureau of information in the course of their duties; and
Investigation in securing timely and accurate
translations of foreign language materials (2) utilizing foreign intelligence
for law enforcement investigations. information in the course of their duties, to
the extent that the utilization of such
(4) The development of a information is appropriate for such duties.
communications infrastructure to ensure the
efficient and secure use of the translation (b) OFFICIALS- The officials provided
capabilities of the element. training under subsection (a) are, at the
discretion of the Attorney General and the
(c) SECURE COMMUNICATIONS- Director, the following:
The report shall include a discussion of the
creation of secure electronic
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(1) Officials of the Federal Government funds appropriations used to carry out this
who are not ordinarily engaged in the subsection.
collection, dissemination, and use of foreign
intelligence in the performance of their SEC. 1002. SENSE OF CONGRESS.
duties.
(a) FINDINGS- Congress finds that--
(2) Officials of State and local
governments who encounter, or may (1) all Americans are united in
encounter in the course of a terrorist event, condemning, in the strongest possible terms,
foreign intelligence in the performance of the terrorists who planned and carried out
their duties. the attacks against the United States on
September 11, 2001, and in pursuing all
(c) AUTHORIZATION OF those responsible for those attacks and their
APPROPRIATIONS- There is hereby sponsors until they are brought to justice;
authorized to be appropriated for the
Department of Justice such sums as may be (2) Sikh-Americans form a vibrant,
necessary for purposes of carrying out the peaceful, and law-abiding part of America's
program required by subsection (a). people;
TITLE X--MISCELLANEOUS (3) approximately 500,000 Sikhs reside

in the United States and are a vital part of
SEC. 1001. REVIEW OF THE the Nation;
DEPARTMENT OF JUSTICE.
(4) Sikh-Americans stand resolutely in
The Inspector General of the Department support of the commitment of our
of Justice shall designate one official who Government to bring the terrorists and those
shall-- that harbor them to justice;
(1) review information and receive (5) the Sikh faith is a distinct religion
complaints alleging abuses of civil rights with a distinct religious and ethnic identity
and civil liberties by employees and officials that has its own places of worship and a
of the Department of Justice; distinct holy text and religious tenets;
(2) make public through the Internet, (6) many Sikh-Americans, who are easily
radio, television, and newspaper recognizable by their turbans and beards,
advertisements information on the which are required articles of their faith,
responsibilities and functions of, and how to have suffered both verbal and physical
contact, the official; and assaults as a result of misguided anger
toward Arab-Americans and Muslim-
(3) submit to the Committee on the Americans in the wake of the September 11,
Judiciary of the House of Representatives 2001 terrorist attack;
and the Committee on the Judiciary of the
Senate on a semi-annual basis a report on (7) Sikh-Americans, as do all Americans,
the implementation of this subsection and condemn acts of prejudice against any
detailing any abuses described in paragraph American; and
(1), including a description of the use of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(8) Congress is seriously concerned by Section 1956 of title 18, United States
the number of crimes against Sikh- Code, is amended by adding at the end the
Americans and other Americans all across following:
the Nation that have been reported in the
wake of the tragic events that unfolded on `(i) VENUE- (1) Except as provided in
September 11, 2001. paragraph (2), a prosecution for an offense
under this section or section 1957 may be
(b) SENSE OF CONGRESS- Congress-- brought in--
(1) declares that, in the quest to identify, `(A) any district in which the financial or
locate, and bring to justice the perpetrators monetary transaction is conducted; or
and sponsors of the terrorist attacks on the
United States on September 11, 2001, the `(B) any district where a prosecution for
civil rights and civil liberties of all the underlying specified unlawful activity
Americans, including Sikh-Americans, could be brought, if the defendant
should be protected; participated in the transfer of the proceeds of
the specified unlawful activity from that
(2) condemns bigotry and any acts of district to the district where the financial or
violence or discrimination against any monetary transaction is conducted.
Americans, including Sikh-Americans;
`(2) A prosecution for an attempt or
(3) calls upon local and Federal law conspiracy offense under this section or
enforcement authorities to work to prevent section 1957 may be brought in the district
crimes against all Americans, including where venue would lie for the completed
Sikh-Americans; and offense under paragraph (1), or in any other
district where an act in furtherance of the
(4) calls upon local and Federal law attempt or conspiracy took place.
enforcement authorities to prosecute to the
fullest extent of the law all those who `(3) For purposes of this section, a
commit crimes. transfer of funds from 1 place to another, by
wire or any other means, shall constitute a
SEC. 1003. DEFINITION OF single, continuing transaction. Any person
ÈLECTRONIC SURVEILLANCE'. who conducts (as that term is defined in
subsection (c)(2)) any portion of the
Section 101(f)(2) of the Foreign transaction may be charged in any district in
Intelligence Surveillance Act (50 U.S.C. which the transaction takes place.'.
1801(f)(2)) is amended by adding at the end
before the semicolon the following: `, but SEC. 1005. FIRST RESPONDERS
does not include the acquisition of those ASSISTANCE ACT.
communications of computer trespassers
that would be permissible under section (a) GRANT AUTHORIZATION- The
2511(2)(i) of title 18, United States Code'. Attorney General shall make grants
described in subsections (b) and (c) to States
SEC. 1004. VENUE IN MONEY and units of local government to improve
LAUNDERING CASES. the ability of State and local law
enforcement, fire department and first
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
responders to respond to and prevent acts of programs, projects, and other activities to
terrorism. address--
(b) TERRORISM PREVENTION (1) intelligence gathering and analysis

GRANTS- Terrorism prevention grants techniques;
under this subsection may be used for
programs, projects, and other activities to-- (2) community engagement and
outreach;
(1) hire additional law enforcement
personnel dedicated to intelligence gathering (3) critical incident management for all
and analysis functions, including the forms of terrorist attack;
formation of full-time intelligence and
analysis units; (4) threat assessment capabilities;
(2) purchase technology and equipment (5) conducting followup investigations;

for intelligence gathering and analysis and
functions, including wire-tap, pen links,
cameras, and computer hardware and (6) stabilizing a community after a
software; terrorist incident.
(3) purchase equipment for responding to (d) APPLICATION-

a critical incident, including protective
equipment for patrol officers such as quick (1) IN GENERAL- Each eligible entity
masks; that desires to receive a grant under this
section shall submit an application to the
(4) purchase equipment for managing a Attorney General, at such time, in such
critical incident, such as communications manner, and accompanied by such
equipment for improved interoperability additional information as the Attorney
among surrounding jurisdictions and mobile General may reasonably require.
command posts for overall scene
management; and (2) CONTENTS- Each application
submitted pursuant to paragraph (1) shall--
(5) fund technical assistance programs
that emphasize coordination among (A) describe the activities for which
neighboring law enforcement agencies for assistance under this section is sought; and
sharing resources, and resources
coordination among law enforcement (B) provide such additional assurances as
agencies for combining intelligence the Attorney General determines to be
gathering and analysis functions, and the essential to ensure compliance with the
development of policy, procedures, requirements of this section.
memorandums of understanding, and other
best practices. (e) MINIMUM AMOUNT- If all
applications submitted by a State or units of
(c) ANTITERRORISM TRAINING local government within that State have not
GRANTS- Antiterrorism training grants been funded under this section in any fiscal
under this subsection may be used for year, that State, if it qualifies, and the units
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
of local government within that State, shall watchlist, which identifies individuals
receive in that fiscal year not less than 0.5 worldwide who are known or suspected of
percent of the total amount appropriated in money laundering, which is readily
that fiscal year for grants under this section. accessible to, and shall be checked by, a
consular or other Federal official prior to the
(f) AUTHORIZATION OF issuance of a visa or admission to the United
APPROPRIATIONS- There are authorized States. The Secretary of State shall develop
to be appropriated $25,000,000 for each of and continually update the watchlist in
the fiscal years 2003 through 2007. cooperation with the Attorney General, the
Secretary of the Treasury, and the Director
SEC. 1006. INADMISSIBILITY OF of Central Intelligence.
ALIENS ENGAGED IN MONEY
LAUNDERING. SEC. 1007. AUTHORIZATION OF
FUNDS FOR DEA POLICE TRAINING IN
(a) AMENDMENT TO IMMIGRATION SOUTH AND CENTRAL ASIA.
AND NATIONALITY ACT- Section
212(a)(2) of the Immigration and In addition to amounts otherwise
Nationality Act (8 U.S.C. 1182(a)(2)) is available to carry out section 481 of the
amended by adding at the end the following: Foreign Assistance Act of 1961 (22 U.S.C.
2291), there is authorized to be appropriated
`(I) MONEY LAUNDERING- Any to the President not less than $5,000,000 for
alien-- fiscal year 2002 for regional antidrug
training in the Republic of Turkey by the
`(i) who a consular officer or the Drug Enforcement Administration for
Attorney General knows, or has reason to police, as well as increased precursor
believe, has engaged, is engaging, or seeks chemical control efforts in the South and
to enter the United States to engage, in an Central Asia region.
offense which is described in section 1956
or 1957 of title 18, United States Code SEC. 1008. FEASIBILITY STUDY ON
(relating to laundering of monetary USE OF BIOMETRIC IDENTIFIER
instruments); or SCANNING SYSTEM WITH ACCESS TO
THE FBI INTEGRATED AUTOMATED
`(ii) who a consular officer or the FINGERPRINT IDENTIFICATION
Attorney General knows is, or has been, a SYSTEM AT OVERSEAS CONSULAR
knowing aider, abettor, assister, conspirator, POSTS AND POINTS OF ENTRY TO
or colluder with others in an offense which THE UNITED STATES.
is described in such section;
(a) IN GENERAL- The Attorney
is inadmissible.'. General, in consultation with the Secretary
of State and the Secretary of Transportation,
(b) MONEY LAUNDERING shall conduct a study on the feasibility of
WATCHLIST- Not later than 90 days after utilizing a biometric identifier (fingerprint)
the date of the enactment of this Act, the scanning system, with access to the database
Secretary of State shall develop, implement, of the Federal Bureau of Investigation
and certify to the Congress that there has Integrated Automated Fingerprint
been established a money laundering Identification System, at consular offices
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
abroad and at points of entry into the United days thereafter, funds appropriated to the
States to enhance the ability of State Department of Defense may be obligated
Department and immigration officials to and expended for the purpose of entering
identify aliens who may be wanted in into contracts or other agreements for the
connection with criminal or terrorist performance of security functions at any
investigations in the United States or abroad military installation or facility in the United
prior to the issuance of visas or entry into States with a proximately located local or
the United States. State government, or combination of such
governments, whether or not any such
(b) REPORT TO CONGRESS- Not later government is obligated to provide such
than 90 days after the date of the enactment services to the general public without
of this Act, the Attorney General shall compensation.
submit a report summarizing the findings of
the study authorized under subsection (a) to (b) TRAINING- Any contract or
the Committee on International Relations agreement entered into under this section
and the Committee on the Judiciary of the shall prescribe standards for the training and
House of Representatives and the other qualifications of local government law
Committee on Foreign Relations and the enforcement personnel who perform security
Committee on the Judiciary of the Senate. functions under this section in accordance
with criteria established by the Secretary of
SEC. 1009. STUDY OF ACCESS. the service concerned.
(a) IN GENERAL- Not later than 120 (c) REPORT- One year after the date of
days after enactment of this Act, the Federal enactment of this section, the Secretary of
Bureau of Investigation shall study and Defense shall submit a report to the
report to Congress on the feasibility of Committees on Armed Services of the
providing to airlines access via computer to Senate and the House of Representatives
the names of passengers who are suspected describing the use of the authority granted
of terrorist activity by Federal officials. under this section and the use by the
Department of Defense of other means to
(b) AUTHORIZATION- There are improve the performance of security
authorized to be appropriated not more than functions on military installations and
$250,000 to carry out subsection (a). facilities located within the United States.
SEC. 1010. TEMPORARY SEC. 1011. CRIMES AGAINST

AUTHORITY TO CONTRACT WITH CHARITABLE AMERICANS.
LOCAL AND STATE GOVERNMENTS
FOR PERFORMANCE OF SECURITY (a) SHORT TITLE- This section may be
FUNCTIONS AT UNITED STATES cited as the `Crimes Against Charitable
MILITARY INSTALLATIONS. Americans Act of 2001'.
(a) IN GENERAL- Notwithstanding (b) TELEMARKETING AND

section 2465 of title 10, United States Code, CONSUMER FRAUD ABUSE- The
during the period of time that United States Telemarketing and Consumer Fraud and
armed forces are engaged in Operation Abuse Prevention Act (15 U.S.C. 6101 et
Enduring Freedom, and for the period of 180 seq.) is amended--
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(1) in section 3(a)(2), by inserting after (2) in subparagraph (B), by striking the
`practices' the second place it appears the comma at the end and inserting `; or';
following: `which shall include fraudulent
charitable solicitations, and'; (3) by inserting after subparagraph (B)
the following:
(2) in section 3(a)(3)--
`(C) a charitable contribution, donation,
(A) in subparagraph (B), by striking ànd' or gift of money or any other thing of
at the end; value,'; and
(B) in subparagraph (C), by striking the (4) in the flush language, by inserting òr
period at the end and inserting `; and'; and charitable contributor, or donor' after
`participant'.
(C) by adding at the end the following:
SEC. 1012. LIMITATION ON
`(D) a requirement that any person ISSUANCE OF HAZMAT LICENSES.
engaged in telemarketing for the solicitation
of charitable contributions, donations, or (a) LIMITATION-
gifts of money or any other thing of value,
shall promptly and clearly disclose to the (1) IN GENERAL- Chapter 51 of title
person receiving the call that the purpose of 49, United States Code, is amended by
the call is to solicit charitable contributions, inserting after section 5103 the following
donations, or gifts, and make such other new section:
disclosures as the Commission considers
appropriate, including the name and mailing `Sec. 5103a. Limitation on issuance of
address of the charitable organization on hazmat licenses
behalf of which the solicitation is made.';
and `(a) LIMITATION-
(3) in section 7(4), by inserting `, or a `(1) ISSUANCE OF LICENSES- A State

charitable contribution, donation, or gift of may not issue to any individual a license to
money or any other thing of value,' after operate a motor vehicle transporting in
`services'. commerce a hazardous material unless the
Secretary of Transportation has first
(c) RED CROSS MEMBERS OR determined, upon receipt of a notification
AGENTS- Section 917 of title 18, United under subsection (c)(1)(B), that the
States Code, is amended by striking òne individual does not pose a security risk
year' and inserting `5 years'. warranting denial of the license.
(d) TELEMARKETING FRAUD- `(2) RENEWALS INCLUDED- For the

Section 2325(1) of title 18, United States purposes of this section, the term ìssue',
Code, is amended-- with respect to a license, includes renewal of
the license.
(1) in subparagraph (A), by striking òr'
at the end;
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`(b) HAZARDOUS MATERIALS
DESCRIBED- The limitation in subsection `(d) REPORTING REQUIREMENT-
(a) shall apply with respect to-- Each State shall submit to the Secretary of
Transportation, at such time and in such
`(1) any material defined as a hazardous manner as the Secretary may prescribe, the
material by the Secretary of Transportation; name, address, and such other information
and as the Secretary may require, concerning--
`(2) any chemical or biological material `(1) each alien to whom the State issues a
or agent determined by the Secretary of license described in subsection (a); and
Health and Human Services or the Attorney
General as being a threat to the national `(2) each other individual to whom such
security of the United States. a license is issued, as the Secretary may
require.
`(c) BACKGROUND RECORDS
CHECK- `(e) ALIEN DEFINED- In this section,
the term àlien' has the meaning given the
`(1) IN GENERAL- Upon the request of term in section 101(a)(3) of the Immigration
a State regarding issuance of a license and Nationality Act.'.
described in subsection (a)(1) to an
individual, the Attorney General-- (2) CLERICAL AMENDMENT- The
table of sections at the beginning of such
`(A) shall carry out a background records chapter is amended by inserting after the
check regarding the individual; and item relating to section 5103 the following
new item:
`(B) upon completing the background
records check, shall notify the Secretary of `5103a. Limitation on issuance of hazmat
Transportation of the completion and results licenses.'.
of the background records check.
(b) REGULATION OF DRIVER
`(2) SCOPE- A background records FITNESS- Section 31305(a)(5) of title 49,
check regarding an individual under this United States Code, is amended--
subsection shall consist of the following:
(1) by striking ànd' at the end of
`(A) A check of the relevant criminal subparagraph (A);
history data bases.
(2) by inserting ànd' at the end of
`(B) In the case of an alien, a check of subparagraph (B); and
the relevant data bases to determine the
status of the alien under the immigration (3) by adding at the end the following
laws of the United States. new subparagraph:
`(C) As appropriate, a check of the `(C) is licensed by a State to operate the

relevant international data bases through vehicle after having first been determined
Interpol-U.S. National Central Bureau or under section 5103a of this title as not
other appropriate means.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
posing a security risk warranting denial of
the license.'. (E) the increasing access to the
technologies and expertise necessary to
(c) AUTHORIZATION OF construct and deploy chemical and
APPROPRIATIONS- There is authorized to biological weapons of mass destruction.
be appropriated for the Department of
Transportation and the Department of (3) Coordination of Federal, State, and
Justice such amounts as may be necessary to local terrorism research, preparedness, and
carry out section 5103a of title 49, United response programs must be improved.
States Code, as added by subsection (a).
(4) States, local areas, and public health
SEC. 1013. EXPRESSING THE SENSE officials must have enhanced resources and
OF THE SENATE CONCERNING THE expertise in order to respond to a potential
PROVISION OF FUNDING FOR bioterrorist attack.
BIOTERRORISM PREPAREDNESS AND
RESPONSE. (5) National, State, and local
communication capacities must be enhanced
(a) FINDINGS- The Senate finds the to combat the spread of chemical and
following: biological illness.
(1) Additional steps must be taken to (6) Greater resources must be provided to
better prepare the United States to respond increase the capacity of hospitals and local
to potential bioterrorism attacks. health care workers to respond to public
health threats.
(2) The threat of a bioterrorist attack is
still remote, but is increasing for a variety of (7) Health care professionals must be
reasons, including-- better trained to recognize, diagnose, and
treat illnesses arising from biochemical
(A) public pronouncements by Osama attacks.
bin Laden that it is his religious duty to
acquire weapons of mass destruction, (8) Additional supplies may be essential
including chemical and biological weapons; to increase the readiness of the United States
to respond to a bio-attack.
(B) the callous disregard for innocent
human life as demonstrated by the terrorists' (9) Improvements must be made in
attacks of September 11, 2001; assuring the safety of the food supply.
(C) the resources and motivation of (10) New vaccines and treatments are
known terrorists and their sponsors and needed to assure that we have an adequate
supporters to use biological warfare; response to a biochemical attack.
(D) recent scientific and technological (11) Government research, preparedness,

advances in agent delivery technology such and response programs need to utilize
as aerosolization that have made private sector expertise and resources.
weaponization of certain germs much easier;
and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(12) Now is the time to strengthen our review through the Food and Drug
public health system and ensure that the Administration.
United States is adequately prepared to
respond to potential bioterrorist attacks, (6) Improving the National
natural infectious disease outbreaks, and Pharmaceutical Stockpile program by
other challenges and potential threats to the increasing the amount of necessary therapies
public health. (including smallpox vaccines and other post-
exposure vaccines) and ensuring the
(b) SENSE OF THE SENATE- It is the appropriate deployment of stockpiles.
sense of the Senate that the United States
should make a substantial new investment (7) Targeting activities to increase food
this year toward the following: safety at the Food and Drug Administration.
(1) Improving State and local (8) Increasing international cooperation

preparedness capabilities by upgrading State to secure dangerous biological agents,
and local surveillance epidemiology, increase surveillance, and retrain biological
assisting in the development of response warfare specialists.
plans, assuring adequate staffing and
training of health professionals to diagnose SEC. 1014. GRANT PROGRAM FOR
and care for victims of bioterrorism, STATE AND LOCAL DOMESTIC
extending the electronics communications PREPAREDNESS SUPPORT.
networks and training personnel, and
improving public health laboratories. (a) IN GENERAL- The Office for State
and Local Domestic Preparedness Support
(2) Improving hospital response of the Office of Justice Programs shall make
capabilities by assisting hospitals in a grant to each State, which shall be used by
developing plans for a bioterrorist attack and the State, in conjunction with units of local
improving the surge capacity of hospitals. government, to enhance the capability of
State and local jurisdictions to prepare for
(3) Upgrading the bioterrorism and respond to terrorist acts including events
capabilities of the Centers for Disease of terrorism involving weapons of mass
Control and Prevention through improving destruction and biological, nuclear,
rapid identification and health early warning radiological, incendiary, chemical, and
systems. explosive devices.
(4) Improving disaster response medical (b) USE OF GRANT AMOUNTS-

systems, such as the National Disaster Grants under this section may be used to
Medical System and the Metropolitan purchase needed equipment and to provide
Medical Response System and Epidemic training and technical assistance to State and
Intelligence Service. local first responders.
(5) Targeting research to assist with the (c) AUTHORIZATION OF

development of appropriate therapeutics and APPROPRIATIONS-
vaccines for likely bioterrorist agents and
assisting with expedited drug and device (1) IN GENERAL- There is authorized
to be appropriated to carry out this section
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
such sums as necessary for each of fiscal `this section $250,000,000 for each of fiscal
years 2002 through 2007. years 2002 through 2007.'.
(2) LIMITATIONS- Of the amount made SEC. 1016. CRITICAL

available to carry out this section in any INFRASTRUCTURES PROTECTION.
fiscal year not more than 3 percent may be
used by the Attorney General for salaries (a) SHORT TITLE- This section may be
and administrative expenses. cited as the `Critical Infrastructures
Protection Act of 2001'.
(3) MINIMUM AMOUNT- Each State
shall be allocated in each fiscal year under (b) FINDINGS- Congress makes the
this section not less than 0.75 percent of the following findings:
total amount appropriated in the fiscal year
for grants pursuant to this section, except (1) The information revolution has
that the United States Virgin Islands, transformed the conduct of business and the
America Samoa, Guam, and the Northern operations of government as well as the
Mariana Islands each shall be allocated 0.25 infrastructure relied upon for the defense
percent. and national security of the United States.
SEC. 1015. EXPANSION AND (2) Private business, government, and the
REAUTHORIZATION OF THE CRIME national security apparatus increasingly
IDENTIFICATION TECHNOLOGY ACT depend on an interdependent network of
FOR ANTITERRORISM GRANTS TO critical physical and information
STATES AND LOCALITIES. infrastructures, including
telecommunications, energy, financial
Section 102 of the Crime Identification services, water, and transportation sectors.
Technology Act of 1998 (42 U.S.C. 14601)
is amended-- (3) A continuous national effort is
required to ensure the reliable provision of
(1) in subsection (b)-- cyber and physical infrastructure services
critical to maintaining the national defense,
(A) in paragraph (16), by striking ànd' at continuity of government, economic
the end; prosperity, and quality of life in the United
States.
(B) in paragraph (17), by striking the
period and inserting `; and'; and (4) This national effort requires extensive
modeling and analytic capabilities for
(C) by adding at the end the following: purposes of evaluating appropriate
mechanisms to ensure the stability of these
`(18) notwithstanding subsection (c), complex and interdependent systems, and to
antiterrorism purposes as they relate to any underpin policy recommendations, so as to
other uses under this section or for other achieve the continuous viability and
antiterrorism programs.'; and adequate protection of the critical
infrastructure of the Nation.
(2) in subsection (e)(1), by striking `this
section' and all that follows and inserting
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(c) POLICY OF THE UNITED (A) Modeling, simulation, and analysis
STATES- It is the policy of the United of the systems comprising critical
States-- infrastructures, including cyber
infrastructure, telecommunications
(1) that any physical or virtual disruption infrastructure, and physical infrastructure, in
of the operation of the critical infrastructures order to enhance understanding of the large-
of the United States be rare, brief, scale complexity of such systems and to
geographically limited in effect, facilitate modification of such systems to
manageable, and minimally detrimental to mitigate the threats to such systems and to
the economy, human and government critical infrastructures generally.
services, and national security of the United
States; (B) Acquisition from State and local
governments and the private sector of data
(2) that actions necessary to achieve the necessary to create and maintain models of
policy stated in paragraph (1) be carried out such systems and of critical infrastructures
in a public-private partnership involving generally.
corporate and non-governmental
organizations; and (C) Utilization of modeling, simulation,
and analysis under subparagraph (A) to
(3) to have in place a comprehensive and provide education and training to
effective program to ensure the continuity of policymakers on matters relating to--
essential Federal Government functions
under all circumstances. (i) the analysis conducted under that
subparagraph;
(d) ESTABLISHMENT OF NATIONAL
COMPETENCE FOR CRITICAL (ii) the implications of unintended or
INFRASTRUCTURE PROTECTION- unintentional disturbances to critical
infrastructures; and
(1) SUPPORT OF CRITICAL
INFRASTRUCTURE PROTECTION AND (iii) responses to incidents or crises
CONTINUITY BY NATIONAL involving critical infrastructures, including
INFRASTRUCTURE SIMULATION AND the continuity of government and private
ANALYSIS CENTER- There shall be sector activities through and after such
established the National Infrastructure incidents or crises.
Simulation and Analysis Center (NISAC) to
serve as a source of national competence to (D) Utilization of modeling, simulation,
address critical infrastructure protection and and analysis under subparagraph (A) to
continuity through support for activities provide recommendations to policymakers,
related to counterterrorism, threat and to departments and agencies of the
assessment, and risk mitigation. Federal Government and private sector
persons and entities upon request, regarding
(2) PARTICULAR SUPPORT- The means of enhancing the stability of, and
support provided under paragraph (1) shall preserving, critical infrastructures.
include the following:
(3) RECIPIENT OF CERTAIN
SUPPORT- Modeling, simulation, and
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analysis provided under this subsection shall
be provided, in particular, to relevant
Federal, State, and local entities responsible 8.M.2 ACLU statement submitted to
for critical infrastructure protection and the Senate Judiciary
policy. Committee. “Department of
Justice Oversight: Preserving
(e) CRITICAL INFRASTRUCTURE Our Freedoms While
DEFINED- In this section, the term `critical Defending Against
infrastructure' means systems and assets, Terrorism.” 28 November
whether physical or virtual, so vital to the 2001:
United States that the incapacity or
destruction of such systems and assets http://www.aclu.org/congress/l112801a.html
would have a debilitating impact on
security, national economic security,
national public health or safety, or any Statement for the Record
combination of those matters. of the
American Civil Liberties Union
(f) AUTHORIZATION OF Submitted to the
APPROPRIATIONS- There is hereby Senate Judiciary Committee
authorized for the Department of Defense Concerning
for fiscal year 2002, $20,000,000 for the
Defense Threat Reduction Agency for Department of Justice Oversight:
activities of the National Infrastructure Preserving Our Freedoms While
Simulation and Analysis Center under this
section in that fiscal year.
Defending
Against Terrorism
Passed the House of Representatives
November 28, 2001
October 24, 2001.
Statement of the American Civil Liberties Union
Attest:
The American Civil Liberties Union is a
JEFF TRANDAHL, non-partisan, non-profit organization
Clerk. consisting of nearly 300,000 members
dedicated to protecting the principles of
END freedom and equality set forth in the
Constitution and in our civil rights laws.
On September 11, thousands of

8.M.1 Association of Research Americans were brutally murdered in an
Libraries. Resources on the audacious, coordinated attack. Our main
USA PATRIOT Act: office is only blocks away from the twin
towers and our colleagues joined the
http://www.arl.org/info/frn/other/ATL.html terrified crowd rushing north from lower
In Reader II. Manhattan. We recognize that the
Department of Justice has a profound duty
to prosecute the perpetrators and to try to
protect the public against other attacks. We
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
appreciate that this is a daunting task and
that thousands of well-meaning people at the "We will not yield in our determination
Department of Justice are working hard to to protect the constitutional rights of
accomplish this goal. individuals. Very frankly, those who attack
the United States would attack the
The ACLU has supported many of the constitutional rights as well as the safety of
efforts now underway to promote security, individuals. We're going to do everything
such as recent initiatives to toughen airport we can to harmonize the constitutional rights
security. However, we remain convinced of individuals with every legal capacity we
that the government need not sacrifice civil can muster to also protect the safety and
liberties to protect the public. We can be security of individuals. It's with this in mind
both safe and free. that we would evaluate any potential
changes in the law." Attorney General
This statement outlines how the conduct Ashcroft, Press Briefing, September 18,
of the Department of Justice over the last ten 2001
weeks has undermined our most cherished
rights, blunted the tools of accountability, On November 13, 2001, President Bush
and threatened the balance of power issued a "Military Order" providing for
between the various branches of potentially indefinite detention of any non-
government. citizen accused of terrorism, and permitting
trial of such defendants in a military
From the outset, the Attorney General commission with no provision for judicial
and other spokespersons for the Department review.
of Justice have signaled that they would not
erode civil liberties in response to the These tribunals will not be governed by
September 11 attacks. Unfortunately, the the Uniform Code of Military Justice and do
actions of the Department of Justice and of not contain the protections provided by the
other agencies acting in concert suggest UCMJ. The order was issued without a
otherwise. The Attorney General and the formal declaration of war or any
Administration have detained more than a authorization by the Congress for the
thousand people without providing establishment of military tribunals. It
information to the media or public, written circumvents the basic statutory requirement
new regulations allowing for the recording - at the heart of the compromise that was the
of privileged conversations between USA Patriot Act -- that non-citizens
attorneys and clients, proposed military suspected of terrorism must be charged with
tribunals without constitutional protections, a crime or immigration violation within
and expanded the government's ability to seven days of being taken into custody, and
withhold information from the public. We that such detainees will have full access to
are deeply troubled by these actions. We the federal courts.
hope that today's hearing is a step in the
direction of Congress taking responsibility The President's Military Order is
for its role in overseeing the Executive unjustified and dangerous. It permits the
Branch and protecting our democratic United States criminal justice system to be
government. swept aside merely on the President's
finding that he has "reason to believe" that a
Military Tribunals non-citizen may be involved in terrorism. It
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
makes no difference whether those charged individual whom the President determines
are captured abroad on the field of battle or he has "reason to believe" is (1) a member
at home by federal or state police. It makes of Al Qaeda, (2) is in any way involved in
no difference whether the individual is a "acts of international terrorism" -- a term
visitor or a long-term legal resident. Finally which is not defined by the order -- or (3)
while the order applies in terms only to non- has "knowingly harbored" either of the
citizens, the precedents on which the above. If the term "acts of international
President relies make no such distinction, terrorism" is defined by reference to any of
thereby permitting the order to be extended several definitions of terrorism in the United
to cover United States citizens at the stroke States Code, as expanded under the USA
of a pen. Patriot Act, the universe of potential
defendants could sweep in not only those
The President does not have unchecked who are directly involved in or knowingly
war power by virtue of his authority as support violent activity, but also many
Commander-in-Chief. Rather, he shares others on the basis of otherwise lawful, non-
these powers with Congress. "The whole violent political activities and associations.
powers of war being, by the constitution of
the United States, vested in congress, the The Attorney General has sought to
acts of that body can alone be resorted to as justify the order on the grounds that it
our guides in this inquiry." Talbot v. applies only to non-citizens, whom he
Seeman, 5 U.S. (1 Cranch) 1, 28 (1801). erroneously (and alarmingly) claims not to
This is true whether Congress authorizes have any constitutional rights. The Supreme
"general hostilities" by declaring war, or Court made clear just this past summer that
"partial hostilities" by authorizing the use of "the Due Process Clause applies to all
force in a military action short of war, as it 'persons' within the United States, including
has done here. Id. aliens, whether their presence here is lawful,
unlawful, temporary, or permanent."
The Administration claims authority to Zadvydas v. Davis, 121 S. Ct. 2491, 2500
establish military tribunals from the World (2001) (emphasis supplied).
War II-era precedent involving the trial of
eight accused saboteurs, who landed on If United States courts can hear terrorism
United States territory in 1942, shortly after cases, and there has been no showing that
the United States declared war on Germany. they cannot, this severely undercuts the
Their trial by military commission was argument for military tribunals. Military
upheld by the Supreme Court. Ex Parte tribunals, other than ordinary courts-martial,
Quirin, 317 U.S. 1 (1942). But unlike are adopted as a last resort to ensure justice
President Bush, President Roosevelt relied when the civil courts cannot function, not as
on the authority Congress had given him by a method of avoiding available forums for
its formal declaration of war. Id at 25-26. justice by undercutting basic constitutional
Roosevelt also relied on specific statutory rights. Military tribunals are used against
authority permitting trials of enemy spies by "certain classes of offense which in war
military commission. This authority has would go unpunished in the absence of a
since been repealed. provisional forum for the trial of the
offenders." Madsen v. Kinsella, 343 U.S.
The scope of the President's Order is 341, 348 n.8 (1952) (emphasis supplied).
breathtakingly broad. It applies to any Likewise, President Lincoln regarded
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
military justice as permissible only if Ashcroft remarks following his tour of the
justified by military necessity, and refused Pentagon, September 19, 2001.
demands to create military courts except
where made necessary because of the The Department of Justice has launched
inability of the regular courts to act. what appears to be the most extensive
program of preventative detention since the
The Military Order also fails to respect internment of over 100,000 Japanese and
the careful limits that the Constitution has German-Americans during WWII. By the
placed on the use of military courts even in admission of the Department of Justice, over
times of declared war. They are not a 1,200 people have been detained in
substitute for civil justice generally, but may connection with the September 11 attacks.
be applied only to "unlawful enemy According to media accounts of the
belligerents," a class which is far narrower detentions, approximately 1 percent or 2
than the universe of all persons who could percent of those detained in connection with
be accused of terrorism crimes, particularly the attacks are actually suspected of having
after the broadening of the definitions of any involvement at all. The rest are being
terrorism in recent anti-terrorism legislation. held on the basis of unrelated immigration
violations, minor crimes (usually under state
Finally, and perhaps most importantly, law), and as material witnesses under 18
the order utterly fails to account for the U.S.C. sec. 3144. It appears that the vast
evolution of both international law and majority of the people being detained in
American constitutional law since World connection with this investigation are being
War II, when military commissions were detained on pretexts: they have committed a
last extensively used. It does not guarantee minor offense that gives law enforcement or
due process for the accused and could immigration authorities the power to detain
permit trials that our own government has them even though they would not under
said are fundamentally unfair and violate normal circumstances be detained for such
basic international standards when such conduct. By all accounts, virtually all of the
trials are held in other countries. If Congress detainees are Muslims or Arabs, and most
chooses to authorize military tribunals for a are non-citizens.
limited class of accused terrorist war
criminals, it is imperative that such An extraordinary wall of silence
standards apply. surrounds this preventative detention
campaign. The public, though it has a right
Detentions to know, has not been informed of even the
most basic information such as who has
"I'm deeply concerned about the civil been detained, why, for how long, and
liberties of all Americans. I'm especially where the detentions have occurred. The
concerned about the civil liberties of Arab Department of Justice has refused to release
Americans and Middle Eastern Americans specific information about the detainees.
who are patriotic citizens, who lament and
regret this loss, perhaps as keenly or more For these reasons, the ACLU wrote to the
keenly than any, and whose commitment to Attorney General asking him for
the strict enforcement and pursuit of these information about the detainees. There was
networks of terror that inflict this kind of no response to that letter. We posed similar
injury is as strong as any." Attorney General questions to the Director of the FBI, Robert
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Meuller, at two meetings during the month intelligence that it needs in order to protect
of October. We posed similar questions to America, we are also mindful of our
Commissioner Ziglar of the Immigration responsibility to protect the rights and
and Naturalization Service on October 30. privacy of Americans." General Ashcroft,
When all those requests for information Press Briefing with FBI Director Robert
failed, we filed, along with other Mueller, September 17, 2001.
organizations, a request under the Freedom
of Information Act. Our requests have not To add to the concerns about the
been satisfactorily answered and we are detainees, the Justice Department,
considering further legal action. This wall of unilaterally, without judicial oversight, and
silence undermines public confidence in the without meaningful standards, has issued
investigation and raises questions about the rules that give it the power to decide when
fairness of the process and the safety of to eavesdrop on the confidential attorney-
those detained. client conversations of a person whom the
Justice Department itself may be seeking to
Persons detained on immigration charges prosecute. This regulation, implemented
are of particular concern because their without the usual opportunity for prior
access to legal counsel is limited. Unlike public comment, is an unprecedented frontal
defendants in criminal cases or persons held assault on the attorney-client privilege and
as material witnesses, those who face the right to counsel guaranteed by the
immigration charges are not entitled to Constitution. It is especially disturbing that
counsel at government expense if they these provisions for monitoring confidential
cannot afford an attorney. In New York, the attorney-client communications apply not
immigration detainees are reportedly given a only to convicted prisoners in the custody of
list of pro bono attorneys in the area. the Bureau of Prisons, but to all persons in
However, there is no guarantee that the the custody of the Department of Justice,
attorneys listed are qualified to represent including pretrial detainees who have not yet
persons under these circumstances, nor is been convicted of crime and are presumed
there any guarantee the detained person will innocent, as well as material witnesses and
have success contacting an attorney. In some immigration detainees, who are not accused
cases, detainees are allowed only one of any crime. 28 C.F.R. § 501.3(f) (proposed
telephone call a week to find an attorney. amendment).
Predictably, many of those who are
questioned are questioned without an The rule disregards long-standing
attorney. Another area of concern that is just Supreme Court precedent that protects the
coming to light is the fact that the Depart of attorney-client relationship. The Court has
Justice is planning on questioning 5000 men repeatedly emphasized the importance of the
based solely on national origin. This need for attorneys to communicate openly
constitutes blatant racial profiling, as some with their clients and has grounded this
police departments have recognized. principle in both the long-standing attorney-
client privilege as well as the Sixth
Eavesdropping on Attorney-Client Amendment right to adequate counsel.
Communications Regarding the attorney-client privilege, the
Court wrote:
"I want to assure you that in our effort to
make sure that law enforcement can gain the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
The attorney-client privilege is the oldest General makes the determination as to what
of the privileges for confidential constitutes "reasonable suspicion" without
communications known to the common law. any provision for judicial review. The rule
Its purpose is to encourage full and frank purports to provide safeguards such as
communication between attorneys and their "notice" that recording is taking place and
clients and thereby promote broader public the establishment of a "privilege team"
interests in the observance of law and within the Department of Justice that has the
administration of justice. responsibility to review attorney-client
communications, then seek judicial approval
Upjohn Co. v. United States, 449 U.S. before giving the information to the
383, 389, 101 S. Ct. 677, 682 (1981). prosecuting attorney (unless the team alleges
Indeed, so well-established is this privilege, an imminent threat of terrorism, in which
and so compelling the societal interest in case judicial review is unnecessary).
unobstructed communication between
clients and their attorneys, that the Supreme This "privilege team" is not an adequate
Court has held that the privilege survives solution to safeguard the attorney-client
even after the client's death. Swidler & relationship. Under the proposed regulation,
Berlin v. United States, 118 S. Ct. 2081, the determination of what constitutes
2088 (1998). "properly privileged materials" is made not
by a neutral and disinterested judge, but
Regarding the Sixth Amendment right to unilaterally by the Justice Department itself.
counsel the Court wrote: "[T]he Sixth It will therefore be impossible for prisoners
Amendment's assistance-of-counsel and their counsel to know in advance what
guarantee can be meaningfully implemented portions of their intercepted communications
only if a criminal defendant knows that his the Justice Department will ultimately deem
communications with his attorney are to be "properly privileged materials." This
private and that his lawful preparations for uncertainty renders the privilege
trial are secure against intrusion by the meaningless. "[I]f the purpose of the
government, his adversary in the criminal attorney?client privilege is to be served, the
proceeding." Weatherford v. Bursey, 429 attorney and client must be able to predict
U.S. 545, 554 n. 4, 97 S. Ct. 837, 843 n. 4, with some degree of certainty whether
51 L.Ed.2d 30 (1977). It is noteworthy that particular discussions will be protected. An
the Court took this quotation from the Brief uncertain privilege, or one which purports to
for United States as Amicus Curiae be certain but results in widely varying
indicating that even the government applications ..., is little better than no
recognizes the importance of private privilege at all." Upjohn, 449 U.S. at 393,
communications. 101 S. Ct. at 684.
The new rule gives the government the Although promulgated in the name of
power to eavesdrop on a conversation preventing terrorism, the DOJ rule goes
between a detained person and his attorney beyond intercepting potential "terrorist
any time the Attorney General finds that communications" between a lawyer and
there is "reasonable suspicion" that a person client. The Attorney General can authorize
in DOJ custody "may" use communications eavesdropping on all of a detainee's
with attorneys or their agents "to further or attorney-client communications, even when
facilitate acts of terrorism." The Attorney the detained person has been convicted of no
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
crime and is merely planning his defense Freedom of Information Act and
with his attorney, or has been detained on Presidential Records
immigration charges and is not accused of
any crime at all. Attorney General John Ashcroft has
issued a new statement of policy that
Lastly, this rule is unnecessary because encourages federal agencies to resist
current law already allows the government Freedom of Information Act (FOIA)
to seek a court order to record attorney client requests whenever they have legal grounds
conversations if it has probable cause to to do so. The new statement supersedes a
believe that the attorney, with his client, is 1993 memorandum from Attorney General
planning a serious crime such as terrorism. Janet Reno, which promoted disclosure of
government information through the FOIA
Like so many other post-September 11 unless it was "reasonably foreseeable that
proposals, this rule is an attempt to vest with disclosure would be harmful."
the Department of Justice, instead of the
courts, the power to determine when The Ashcroft policy rejects this
communications between a lawyer and her "foreseeable harm" standard. Instead, the
client should be stripped of their privileged Justice Department instructs agencies to
status. It is particularly disturbing to note withhold information whenever there is a
that the standard for the Attorney General to "sound legal basis" for doing so. "When you
authorize eavesdropping on conversations carefully consider FOIA requests and decide
between attorneys and clients, reasonable to withhold records, in whole or in part," the
suspicion, is less stringent than the standard Attorney General advised, "you can be
of proof necessary to obtain an ordinary assured that the Department of Justice will
search warrant or a wiretap warrant, which defend your decisions unless they lack a
is probable cause. sound legal basis...." It is noteworthy that
Attorney General Ashcroft has committed to
Secrecy having DOJ defend the suppression of
public access -- rather than forcing the
"As we do in each and every law agency to provide its own defense if
enforcement mission we undertake, we are challenged in court.
conducting this effort with the total
commitment to protect the rights and As with many of the Bush
privacy of all Americans and the Administration's new restrictions on public
constitutional protections we hold dear." information, the new policy is only
Attorney General Ashcroft, testifying before peripherally related to the fight against
the House Judiciary Committee, September terrorism. Rather, it appears to exploit
24, 2001 current circumstances to advance a
predisposition toward official secrecy. At
Americans have experienced the loss of the same time that the government is
privacy and the increase of secrecy take acquiring more legal authority to obtain
place with dizzying speed since September private information about people it is also
11. Department of Justice regulations and cutting back on sharing the information that
Executive Orders have covered government it has obtained, making it more difficult for
operations with a shroud of secrecy. individuals to learn what kind of files their
government is keeping on them.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
provision for judicial review of the tribunal's
Another example of Administration actions. The Attorney General's lawyer-
secrecy is an Executive Order, issued client eavesdropping order likewise writes
November 1, that gives President Bush-- as judges out of their Constitutional role in
well as former presidents -- the right to veto deciding wheather there is probable cause to
requests to open any presidential records. strip communications of their privileged
Even if a former president wants his records status. Conclusion
to be released, the executive order permits
Bush to exercise executive privilege to The Justice Department's actions have
prevent their release. The order also gives antecedents stretching back to the earliest
President Bush, and former presidents, an days of the Republic. The Alien and
indefinite amount of time to ponder any Sedition Acts of 1798, criminal restrictions
requests. Bush's executive order openly on speech during World War I, the
violates the Presidential Records Act passed internment of Japanese-Americans
by Congress in 1978. following the attack on Pearl Harbor, and
the blacklists and domestic spying of the
In defending the executive order, the Cold War are all instances in which the
White House has argued that these new government was granted (or assumed)
restrictions balance public access with summary powers in a moment of crisis, to
"national security concerns." This argument the inevitable regret of later generations.
is specious given that national security The diminution of liberty that accompanied
documents are already shielded from public these episodes was later understood as an
scrutiny. overreaction to frightening circumstances;
each is now viewed as a shameful passage in
The Presidential Records Act was the nation's history. After the immediate
designed to shift power over presidential danger passed, it was recognized that the
records to the government and ultimately to government had possessed ample powers to
the citizens. This shifts the power back. address the threats at hand; the new tools
were unnecessary at best and dangerous at
Role of Judiciary worst.
"The Justice Department will never Despite Attorney General Ashcroft's

waiver in our defense of the Constitution nor promises to uphold the Constitution and
relent our defense of civil rights." Attorney protect civil liberties, his actions belie his
General Ashcroft, testifying before the rhetoric. Our democracy is in real danger if
Senate Judiciary Committee, September 25, any one branch of the government becomes
2001 too powerful. From establishing military
tribunals without Congressional approval to
Instead of enlisting the help of the expanding wiretapping authority while
judiciary in the fight against terrorism, the limiting judicial oversight, this
Department seems intent on writing the Administration is demonstrating its
judiciary out of the picture altogether. The disregard for the other two branches of
President's executive order establishing government. The precarious balance of
military tribunals represents the ultimate powers is becoming dangerously tilted
form of court-stripping -- literally removing toward an excess of Executive Branch
Article III courts from the picture with no power.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
We are heartened that the Senate is

taking the lead in reclaiming the
Congressional role of overseeing the new
police powers and hope this will be an
ongoing practice. While all of the country is
focused on waging the war against terrorism
we ask Congress to make sure that the war
on terrorism does not become a war on
democracy.
Copyright 2001, The American Civil

Liberties Union
8.M.3 Draft analysis of HR3162.

Wiley Rein & Fielding LLP:
http://www.arl.org/info/frn/other/matrix.pdf
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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Wiley Rein & Fielding LLP

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
SECURITY ENTRY-EXIT
REGISTRATION SYSTEM
8.M.4 Analysis of USA PATRIOT
ACT. Sidley Austin Brown & June 6, 2002
Wood LLP:
(Attorney General Often Deviates from the
http://www.sidley.com/cyberlaw/features/pa Prepared Remarks)
triot.asp In Reader II.
I want to thank Commissioner Jim Ziglar
for his assistance and for being with me
today.
On September 11, the American

8.W.5 Amnesty International. Report definition of national security was changed
on US detainees [14 March forever. A band of men entered our country
2002]: under false pretenses in order to plan and
execute a murderous act of war. Some
http://web.amnesty.org/ai.nsf/Index/AMR51 entered the country several years in advance;
0442002?OpenDocument&of=COUNTRIE others entered several months in advance.
S\USA In Reader II. Once inside the United States, they were
easily able to avoid contact with
immigration authorities and violate the
terms of their visas with impunity.
8.W.6 CNN 3 April 2002. US DoJ
IG to study detentions: In this new war, our enemy's platoons
infiltrate our borders, quietly blending in
http://www.cnn.com/2002/US/04/03/inv.det with visiting tourists, students, and workers.
ainees.treatment/?related They move unnoticed through our cities,
neighborhoods, and public spaces. They
wear no uniforms. Their camouflage is not
forest green, but rather it is the color of
common street clothing. Their tactics rely on
8.F.7 6 June 2002. Ashcroft evading recognition at the border and
announces “National Security escaping detection within the United States.
Entry-Exit Registration Their terrorist mission is to defeat America,
System”: destroy our values and kill innocent people.
http://www.usdoj.gov/ag/speeches/2002/060 The vulnerabilities of our immigration

502agpreparedremarks.htm system became starkly clear on September
11. About a quarter century ago, the United
States stopped asking international visitors
to register periodically with immigration
authorities, and stopped keeping track of our
Fact Sheet visitors'' activities and whereabouts. This is
in contrast to the practice of European
ATTORNEY GENERAL PREPARED nations, most of which have rigorous
REMARKS ON THE NATIONAL registration systems. Consequently, we have
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
been unable to determine if foreign visitors these individuals at or prior to entry. The
follow their stated plans while guests in our criteria that are used to identify such visitors
country or even if they overstay the legal will be continually updated to reflect our
limit of their visas. evolving intelligence on terrorist threats.
Accordingly, today I am announcing the The first component of the system is

NATIONAL SECURITY ENTRY-EXIT fingerprinting and photographing at the
REGISTRATION SYSTEM. This system border. It is critically important that we stop
will expand substantially America''s scrutiny known or suspected terrorists from entering
of those foreign visitors who may pose a the country. Fingerprints are essential to that
national security concern and enter our enterprise. Terrorists and wanted criminals
country. And it will provide a vital line of often attempt to enter the country using
defense in the war against terrorism. assumed names and false passports. But
fingerprints do not lie.
The responsibility to establish the
National Security Entry-Exit Registration With new technologies, we are able to
System is already contained in U.S. law. perform a quick fingerprint check at the
Some of the provisions date to the 1950s; border that takes only three minutes to
others were added by Congress in the 1990s. complete. We have already deployed
Congress has mandated that, by 2005, the systems at a limited number of ports of entry
Department of Justice build an entry-exit that can scan a person''s fingerprints and
system that tracks virtually all of the 35 compare the prints to vast databases of
million foreign visitors who come to the known criminals and terrorists. The early
United States annually. This entry-exit results of this pilot program are extremely
registration system is the crucial first phase promising: we are receiving an average of
in that endeavor and will track 67 "hits" per week, and 1400 wanted
approximately 100,000 visitors in the first criminals have been arrested in the past five
year. months as they have attempted to enter the
country.
There are three components to this
initiative: first——fingerprinting and Under the National Security Entry-Exit
photographing at the border; Registration System, we will run the
second——periodic registration of aliens fingerprints of entering aliens against a
who stay in the United States thirty days or database of thousands of known terrorists.
more; and third——exit controls that will The operations of the U.S. military in
help the Immigration and Naturalization Afghanistan have allowed us to expand that
Service to remove those aliens who overstay database considerably.
their visas.
By running the fingerprints of entering
We will evaluate individual visitors for aliens against these prints, we will be able to
the risk of involvement in terrorist activity stop terrorists from entering the country. In
and impose these requirements on visitors addition, we will run the fingerprints of
who fall into categories of elevated national incoming visitors against a database of
security concern. The Immigration and wanted criminals. And finally, we will be
Naturalization Service and the State able to stop terrorists from entering the
Department will work together to identify
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United States a second time under a
different name using forged documents. When aliens violate these rules, we will
place their photographs, fingerprints, and
We have the technological capacity to do information in the National Crime
this, and now we have a sizable database of Information Center (or NCIC) system. The
fingerprints of known terrorists. We need to nation''s 650,000 police officers check this
deploy this technology as soon as possible to system regularly in the course of traffic
protect American lives. stops and routine encounters.
The second component of the system is When federal, state and local law
periodic registration. This will only apply to enforcement officers encounter an alien of
those individuals of elevated national national security concern who has been
security concern who stay in the country for listed on the NCIC for violating immigration
more than thirty days. They will have to law, federal law permits them to arrest that
register at an INS office and simply verify individual and transfer him to the custody of
that they are doing what they said they came the INS.
to America to do and living where they said
they would live. Such registration will be The Justice Department''s Office of Legal
required at the 30-day point, and every 12 Counsel has concluded that this narrow,
months after the date of entry. Aliens limited mission that we are asking state and
already in the United States who fall into local police to undertake voluntarily --
categories of elevated national security arresting aliens who have violated criminal
concern will be asked to come in and provisions of Immigration and Nationality
register as well. Act or civil provisions that render an alien
deportable, and who are listed on the NCIC
Our European allies have been using —— is within the inherent authority of the
such registration systems for decades. For states. The Department of Justice has no
example, long-term visitors to France must plans to seek additional support from state
register within 7 days of arrival, every 12 and local law enforcement in enforcing our
months thereafter, and whenever they nation''s immigration laws, beyond our
change their address. This is a well- narrow anti-terrorism mission.
established way of making sure that visitors
do not try to disappear into society, and that We are an open country that welcomes
they stick to their stated plans while in the the people of the world to visit our blessed
country. land. We will continue to greet our
international neighbors with good will.
The third component of the National Asking some visitors to verify their
Security Entry-Exit Registration System is activities while they are here is fully
establishing a system of exit controls, so that consistent with that outlook. To meet our
we know who leaves on time and who does responsibility to protect American lives in
not. This is a critical part of the system. the future, we take the steps that I have
Which brings me to a critical aspect of the outlined today.
system: arresting those individuals who
attempt to evade the registration Thank you.
requirements or who attempt to stay in the
country beyond their permitted time.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
changed. That day, in those early hours, the
8.F.8 30 May 2002. Ashcroft prevention of terrorist acts became the
announces “Guidelines” for central goal of the law enforcement and
FBI anticipatory investi- national security mission of the FBI. And
gations: from that time forward, we in the leadership
of the FBI and the Department of Justice
http://www.usdoj.gov/ag/speeches/2002/530 began a concerted effort to free the field
02agpreparedremarks.htm agents - the brave men and women on the
front lines - from the bureaucratic,
organizational, and operational restrictions
and structures that hindered them from
Remarks of Attorney General John Ashcroft doing their jobs effectively.
(Note: The Attorney General Often Deviates
from Prepared Remarks)
As we have heard recently, FBI men and
Attorney General Guidelines women in the field are frustrated because
May 30, 2002 many of our own internal restrictions have
hampered our ability to fight terrorism. The
In its 94-year history, the Federal Bureau current investigative guidelines have
of Investigation has been many things -- the contributed to that frustration. In many
defender of the nation from organized crime, instances, the guidelines bar FBI field agents
the guardian of our security from from taking the initiative to detect and
international espionage, and the tireless prevent future terrorist acts unless the FBI
protector of civil rights and civil liberties for learns of possible criminal activity from
all Americans. external sources.
On September 11, a stunned nation Under the current guidelines, FBI

turned once again to the brave men and investigators cannot surf the web the way
women of the FBI, and they, once again, you or I can. Nor can they simply walk into
answered the call. I spent the hours, days, a public event or a public place to observe
and most of the first weeks after the attack ongoing activities. They have no clear
in the FBI's Strategic Information and authority to use commercial data services
Operations Center with Director Mueller. that any business in America can use. These
Even today, eight months later, it is difficult restrictions are a competitive advantage for
to convey the professionalism, dedication terrorists who skillfully utilize sophisticated
and quiet resolve I witnessed in those first, techniques and modern computer systems to
24-hour days. I saw men and women work compile information for targeting and
themselves beyond fatigue to prevent new attacking innocent Americans.
terrorist attacks. I witnessed individuals put
aside their personal lives, personal agendas That is why the Attorney General's
and personal safety to answer our nation's guidelines and procedures relating to
call. criminal investigations and national security
were high on the list of action items for
From the first moments we spent reform. Beginning in the 1970s, guidelines
together, launching the largest investigation have been developed to inform agents of the
in history, we understood that the mission of circumstances under which investigations
American justice and law enforcement had may be opened, the permissible scope of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
these investigations, the techniques that may objectives - the enforcement of the law and
be used, and the objectives that should be respect for civil rights and liberties - with
pursued. These guidelines provide outdated means.
limitations and guidance over and above all
requirements and safeguards imposed by the Today, I am announcing comprehensive
Constitution and beyond the legal revisions to the Department's investigative
framework established by federal statutes guidelines. As revised, the guidelines reflect
enacted by Congress. Promulgated for four overriding principles.
different purposes and revised at various
times, the guidelines currently cover FBI First, the war against terrorism is the
investigations, undercover operations, the central mission and highest priority of the
use of confidential informants, and FBI. This principle is stated explicitly in the
consensual monitoring of verbal revised guidelines, and it is facilitated and
communications. reinforced through many specific reforms.
The guidelines emphasize that the FBI must
The guidelines defining the general rules not be deprived of using all lawful
for FBI investigations, for example, were authorized methods in investigations,
first issued over 20 years ago. They derive consistent with the Constitution and
from a period in which Soviet communism statutory authority, to pursue and prevent
was the greatest threat to the United States, terrorist actions.
in which the Internet did not exist, and in
which concerns over terrorist threats to the Second, terrorism prevention is the key
homeland related mainly to domestic hate objective under the revised guidelines. Our
groups. philosophy today is not to wait and sift
through the rubble following a terrorist
Shortly after September 11, I took two attack. Rather, the FBI must intervene early
steps to free FBI field agents to prevent and investigate aggressively where
additional terrorist attacks. First, I information exists suggesting the possibility
authorized the FBI to waive the guidelines, of terrorism, so as to prevent acts of
with headquarters approval, in extraordinary terrorism. The new guidelines advance this
cases to prevent and investigate terrorism. strategy of prevention by strengthening
That authority has been used, but I am investigative authority at the early stage of
disappointed that it was not used more preliminary inquiries. Also, even absent
widely. This experience over the past few specific investigative predicates, FBI agents
months reinforces my belief that greater under the new guidelines are empowered to
authority to investigate more vigorously scour public sources for information on
needs to be given directly to FBI field future terrorist threats.
agents.
Third, unnecessary procedural red tape
Second, I directed a top-to-bottom must not interfere with the effective
review of the guidelines to ensure that they detection, investigation, and prevention of
provide front-line field agents with the legal terrorist activities. To this end, the revised
authority they need to protect the American guidelines allow Special Agents in Charge
people from future terrorist attacks. That of FBI field offices to approve and renew
comprehensive review showed that the terrorism enterprise investigations, rather
guidelines mistakenly combined timeless than having to seek and wait for approval
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
from headquarters. I believe this responds to place and attend any event that is open to the
a number of concerns we have heard from public, on the same terms and conditions as
our field agents. The guidelines expand the members of the public generally."
scope of those investigations to the full
range of terrorist activities under the USA I believe in the principle of community
Patriot Act. These major changes will free policing, in which an active, visible law
field agents to counter potential terrorist enforcement presence is linked to
threats swiftly and vigorously without communities and neighborhoods. Local
waiting for headquarters to act. police can enter public places and attend
public events in their communities, and they
Fourth, the FBI must draw proactively on detect and prevent crime by doing so. To
all lawful sources of information to identify protect our communities from terrorism, the
terrorist threats and activities. It cannot meet FBI must be free to do the same.
its paramount responsibility to prevent acts
of terrorism if FBI agents are required, as The revised guidelines will take effect
they were in the past, to blind themselves to immediately and will be incorporated into
information that everyone else is free to see. the training of FBI agents. These guidelines
Under the revised guidelines, the FBI can will also be a resource to inform the
identify and track foreign terrorists by American public and demonstrate that we
combining its investigative results with seek to protect life and liberty from
information obtained from other lawful terrorism and other criminal violence with a
sources, such as foreign intelligence and scrupulous respect for civil rights and
commercial data services. To detect and personal freedoms. The guidelines are
prevent terrorist activities, the FBI under the available on the internet at
revised guidelines will also be able to enter http://www.usdoj.gov/olp/index.html#aggui
and observe public places and forums just as de
any member of the public might.
The campaign against terrorism is a
Let me pause here for a moment. What I campaign to affirm the values of freedom
am saying is this: FBI field agents have been and human dignity that transcend national
inhibited from attending public events, open boundaries, racial classifications, and
to any other citizen - not because they are religious differences. Called to the service of
barred by the U.S. Constitution, or barred our nation, we are called to the defense of
any federal law enacted by Congress, but liberty for all men and women. On behalf of
because of the lack of clear authority under the Department of Justice and the people of
administrative guidelines issued decades this great nation, I thank Director Mueller
ago. Today, I am clarifying that, for the and the FBI for their hard work to defend
specific purpose of detecting or preventing freedom. And I thank Deputy Attorney
terrorist activities, FBI field agents may General Larry Thompson, and Assistant
enter public places and attend events open to Attorneys General Michael Chertoff and
other citizens, unless they are barred from Viet Dinh for their efforts in revising the
attending by the Constitution or federal law. guidelines to honor these values.
Our new guideline reads, "For the

purpose of detecting or preventing terrorist
activities, the FBI is authorized to visit any 8.F.9a “The Attorney General’s
Guidelines on General
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Crimes, Racketeering against organized criminal activity, and
Enterprise and Terrorism against those who would threaten the fabric
Enterprise Investigations”. 30 of our society through terrorism or mass
May 2002: “ destruction. That duty must be performed
with care to protect individual rights and to
http://www.usdoj.gov/olp/generalcrimes2.pd insure that investigations are confined to
f matters of legitimate law enforcement
interest. The purpose of these Guidelines,
therefore, is to establish a consistent policy
in such matters. The Guidelines will enable
Agents of the FBI to perform their duties
with greater certainty, confidence and
effectiveness, and will provide the American
THE ATTORNEY GENERAL’S people with a firm assurance that the FBI is
GUIDELINES ON acting properly under the law. These
GENERAL CRIMES, Guidelines provide guidance for general
crimes and criminal intelligence
RACKETEERING investigations by the FBI. The standards and
ENTERPRISE AND requirements set forth herein govern the
TERRORISM ENTERPRISE circumstances under which such
INVESTIGATIONS investigations may be begun, and the
permissible scope, duration, subject matters,
and objectives of these investigations. They
[page ii] do not limit activities carried out under other
Attorney General guidelines addressing such
PREAMBLE matters as investigations and information
collection relating to international terrorism,
As the primary criminal investigative foreign counterintelligence, or foreign
agency in the federal government, the intelligence.
Federal Bureau of Investigation (FBI) has
the authority and responsibility to The Introduction that follows explains
investigate all criminal violations of federal the background of the reissuance of these
law that are not exclusively assigned to Guidelines, their general approach and
structure, and their specific application in
another federal agency. The FBI thus plays a
central role in the enforcement of federal furtherance of the FBI’s central mission to
laws and in the proper administration of protect the United States and its people from
justice in the United States. In discharging acts of terrorism. Part I sets forth general
this function, the highest priority is to principles that apply to all investigations
protect the security of the nation and the conducted under these Guidelines. Part II
safety of the American people against the governs investigations undertaken to
depredations of terrorists and foreign prevent, solve or prosecute specific
aggressors. violations of federal law. Subpart A of Part
III governs criminal intelligence
Investigations by the FBI are premised investigations undertaken to obtain
upon the fundamental duty of government to information concerning enterprises which
protect the public against general crimes, are engaged in racketeering activities.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Subpart B of Part III governs criminal
intelligence investigations undertaken to A RACKETEERING ENTERPRISE
obtain information concerning enterprises INVESTIGATIONS
which seek to further political or social
goals through violence or which otherwise Definition
aim to engage in terrorism or the
commission of terrorism-related crimes. General Authority
Parts IV through VII discuss authorized
Purpose
investigative techniques, dissemination and
maintenance of information, Scope
counterterrorism activities and other
authorized law enforcement activities, and Authorization and Renewal
miscellaneous matters.
B TERRORISM ENTERPRISE
These Guidelines are issued under the INVESTIGATIONS
authority of the Attorney General as
provided in sections 509, 510, 533, and 534 General Authority
of title 28, United States Code.
Purpose
[Table of Contents: i]
Scope
TABLE OF CONTENTS
[Table of Contents: ii]
INTRODUCTION
Authorization and Renewal
1 A CHECKING OF LEADS AND
PRELIMINARY INQUIRIES IV INVESTIGATIVE TECHNIQUES
B FULL INVESTIGATIONS V DISSEMINATION AND

MAINTENANCE OF INFORMATION
C AUTHORIZED INVESTIGATIVE
TECHNIQUES VI COUNTERTERRORISM
ACTIVITIES AND OTHER
D OTHER AUTHORIZED ACTIVITIES AUTHORIZATIONS
I GENERAL PRINCIPLES A COUNTERTERRORISM

ACTIVITIES
II GENERAL CRIMES
INVESTIGATIONS Information Systems
A DEFINITIONS Visiting Public Places and Events
B PRELIMINARY INQUIRIES B OTHER AUTHORIZATIONS
C INVESTIGATIONS General Topical Research
III CRIMINAL INTELLIGENCE Use of Online Resources Generally

INVESTIGATIONS
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Reports and Assessments In their general structure, these
Guidelines provide graduated levels of
Cooperation with Secret Service investigative activity, allowing the FBI the
necessary flexibility to act well in advance
C PROTECTION OF PRIVACY AND of the commission of planned terrorist acts
OTHER LIMITATIONS or other federal crimes. The three levels of
investigative activity are: (1) the prompt and
General Limitations
extremely limited checking of initial leads,
(2) preliminary inquiries, and (3) full
Maintenance of Records Under the Privacy
Act investigations. Subject to these Guidelines
and other guidelines and policies noted in
Construction of Part Part IV below, any lawful investigative
technique may be used in full investigations,
VII RESERVATION and with some exceptions, in preliminary
inquiries.
[Page 1]
A. CHECKING OF LEADS AND
PRELIMINARY INQUIRIES
INTRODUCTION The lowest level of investigative activity

is the “prompt and extremely limited
Following the September 11, 2001, checking out of initial leads,” which should
terrorist attack on the United States, the be undertaken whenever information is
Department of Justice carried out a general received of such a nature that some follow-
review of existing guidelines and procedures up as to the possibility of criminal activity is
relating to national security and criminal warranted. This limited activity should be
matters. The reissuance of these Guidelines conducted with an eye toward promptly
reflects the result of that review. determining whether further investigation
(either a preliminary inquiry or a full
These Guidelines follow previous investigation) should be conducted.
guidelines in their classification of levels of
investigative activity, in their classification The next level of investigative activity, a
of types of investigations, in their standards preliminary inquiry, should be undertaken
for initiating investigative activity, and in when there is information or an allegation
their identification of permitted investigative which indicates the possibility of criminal
techniques. activity and whose responsible handling
requires some further scrutiny beyond
There are, however, a number of changes checking initial leads. This authority allows
designed to enhance the general FBI agents to respond to information that is
effectiveness of criminal investigation, to ambiguous or incomplete. Even where the
bring the Guidelines into conformity with available information meets only this
recent changes in the law, and to facilitate threshold, the range of available
the FBI’s central mission of preventing the investigative techniques is broad. These
commission of terrorist acts against the Guidelines categorically prohibit only mail
United States and its people. opening and nonconsensual electronic
surveillance at this stage. Other methods,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
including the development of sources and The application of these Guidelines’
informants and undercover activities and standards for inquiries merits special
operations, are permitted in preliminary attention in cases that involve efforts by
inquiries. The tools available to develop individuals or groups to obtain, for no
information sufficient for the apparent reason, biological, chemical,
commencement of a full investigation, or radiological, or nuclear materials whose use
determining that one is not merited – the or possession is constrained by such statutes
purpose of a preliminary inquiry – should be as 18 U.S.C. 175, 229, or 831. For example,
fully employed, consistent with these FBI agents are not required to possess
Guidelines, with a view toward preventing information relating to an individual’s
terrorist activities. intended criminal use of dangerous
biological agents or toxins prior to initiating
[Page 2] investigative activity. On the contrary, if an
individual or group has attempted to obtain
Whether it is appropriate to open a such materials, or has indicated a desire to
preliminary inquiry immediately, or instead acquire them, and the reason is not apparent,
to engage first in a limited checking out of investigative action, such as conducting a
leads, depends on the circumstances checking out of leads or initiating a
presented. If, for example, an agent receives preliminary inquiry, may be appropriate to
an allegation that an individual or group has determine whether there is a legitimate
advocated the commission of criminal purpose for the possession of the materials
violence, and no other facts are available, an by the individual or group. Likewise, where
appropriate first step would be checking out individuals or groups engage in efforts to
of leads to determine whether the individual, acquire or show an interest in acquiring,
group, or members of the audience have the without apparent reason, toxic chemicals or
apparent ability or intent to carry out the their precursors or radiological or nuclear
advocated crime. A similar response would materials, investigative action to determine
be appropriate on the basis of non-verbal whether there is a legitimate purpose may be
conduct of an ambiguous character – for justified.
example, where a report is received that an
individual has accumulated explosives that B. FULL INVESTIGATIONS
could be used either in a legitimate business
or to commit a terrorist act. Where the These Guidelines provide for two types
limited checking out of leads discloses a of full investigations: general crimes
possibility or reasonable indication of investigations (Part II below) and criminal
criminal activity, a preliminary inquiry or intelligence investigations (Part III below).
full investigation may then be initiated. The choice of the type of investigation
However, if the available information shows depends on the information and the
at the outset that the threshold standard for a investigative focus. A general crimes
preliminary inquiry or full investigation is investigation may be initiated where facts or
satisfied, then the appropriate investigative circumstances reasonably indicate that a
activity may be initiated immediately, federal crime has been, is being, or will be
without progressing through more limited committed. Preventing future criminal
investigative stages. activity, as well as solving and prosecuting
crimes that have already occurred, is an
explicitly authorized objective of general
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
crimes investigations. The “reasonable terrorism enterprise investigations (Part
indication” threshold for undertaking such III.B).
an investigation is substantially lower than
probable cause. In addition, preparation to A racketeering enterprise investigation
commit a criminal act can itself be a current may be initiated when facts or circumstances
criminal violation under the conspiracy or reasonably indicate that two or more persons
attempt provisions of federal criminal law or are engaged in a pattern of racketeering
other provisions defining preparatory activity as defined in the Racketeer
crimes, such as 18 U.S.C. 373 (solicitation Influenced and Corrupt Organizations Act
of a crime of violence) or 18 U.S.C. 2339A (RICO). However, the USA PATRIOT ACT
(including provision of material support in (Public Law 107-56) expanded the predicate
preparation for a terrorist crime). Under acts for RICO to include the crimes most
these likely to be committed by terrorists and their
supporters, as described in 18 U.S.C.
[Page 3] 2332b(g)(5)(B). To maintain uniformity in
the standards and procedures for criminal
Guidelines, a general crimes intelligence investigations relating to
investigation is warranted where there is not terrorism, investigations premised on
yet a current substantive or preparatory racketeering activity involving offenses
crime, but where facts or circumstances described in 18 U.S.C. 2332b(g)(5)(B) are
reasonably indicate that such a crime will subject to the provisions for terrorism
occur in the future. enterprise investigations rather than those
for racketeering enterprise investigations.
The second type of full investigation
authorized under these Guidelines is the A terrorism enterprise investigation may
criminal intelligence investigation. The be initiated when facts or circumstances
focus of criminal intelligence investigations reasonably indicate that two or more persons
is the group or enterprise, rather than just are engaged in an enterprise for the purpose
individual participants and specific acts. The of: (1) furthering political or social goals
immediate purpose of such an investigation wholly or in part through activities that
is to obtain information concerning the involve force or violence and a federal
nature and structure of the enterprise – crime, (2) engaging in terrorism as defined
including information relating to the group’s in 18 U.S.C. 2331(1) or (5) that involves a
membership, finances, geographical federal crime, or (3) committing any offense
dimensions, past and future activities, and described in 18 U.S.C. 2332b(g)(5)(B). As
goals – with a view toward detecting, noted above, criminal intelligence
preventing, and prosecuting the enterprise’s investigations premised on a pattern of
criminal activities. Criminal intelligence racketeering activity involving an 18 U.S.C.
investigations, usually of a long-term nature, 2332b(g)(5)(B) offense are also treated as
may provide vital intelligence to help terrorism enterprise investigations.
prevent terrorist acts.
As with the other types of full
Authorized criminal intelligence investigations authorized by these
investigations are of two types: racketeering Guidelines, any lawful investigative
enterprise investigations (Part III.A) and technique may be used in terrorism
enterprise investigations, including the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
development of sources and informants and Moreover, a group’s activities and the
undercover activities and operations. The statements of its members may properly be
“reasonable indication” standard for considered in conjunction with each other. A
commencing a terrorism enterprise combination of statements and activities
investigation is the same as that for general may justify a determination that the
crimes and racketeering enterprise threshold standard for a terrorism enterprise
investigations. As noted above, it is investigation is satisfied, even if the
substantially lower than probable cause. statements alone or the activities alone
would not warrant such a determination.
[page 4]
While no particular factor or
In practical terms, the “reasonable combination of factors is required,
indication” standard for opening a criminal considerations that will generally be relevant
intelligence investigation of an enterprise in to the determination whether the threshold
the terrorism context could be satisfied in a standard for a terrorism enterprise
number of ways. In some cases satisfaction investigation is satisfied include, as noted, a
of the standard will be apparent on the basis group’s statements, its activities, and the
of direct evidence of an enterprise’s nature of potential federal criminal law
involvement in or planning for the violations suggested by its statements or
commission of a federal offense involving activities. Thus, where there are grounds for
the use of force or violence to further inquiry concerning a group, it may be
political or social goals, terrorism as defined helpful to gather information about these
in 18 U.S.C. 2331(1) or (5), or a crime matters, and then to consider whether these
described in 18 U.S.C. 2332b(g)(5)(B). For factors, either individually or in
example, direct information may be combination, reasonably indicate that the
available about statements made in group is pursuing terrorist activities or
furtherance of an enterprise’s objectives objectives as defined in the threshold
which show a purpose of committing such standard. Findings that would weigh in favor
crimes or securing their commission by of such a conclusion include, for example,
others. the following:
In other cases, the nature of the conduct (1) Threats or advocacy of violence or
engaged in by an enterprise will justify an other covered criminal acts: Statements are
inference that the standard is satisfied, even made in relation to or in furtherance of an
if there are no known statements by enterprise’s political or social objectives that
participants that advocate or indicate threaten or advocate the use of force or
planning for violence or other prohibited violence, or statements are made in
acts. For example, such activities as furtherance of an enterprise that otherwise
attempting to obtain dangerous biological threaten or advocate criminal conduct within
agents, toxic chemicals, or nuclear materials, the scope of 18 U.S.C. 2331(1) or (5) or
or stockpiling explosives or weapons, with 2332b(g)(5)(B), which may concern such
no discernible lawful purpose, may be matters as (e.g.):
sufficient to reasonably indicate that an
enterprise aims to engage in terrorism. (i) engaging in attacks involving or
threatening massive loss of life or injury,
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mass destruction, or endangerment of the the exercise of their constitutional or
national security; statutory rights.
[Page 5] (3) Potential federal crime:
(ii) killing or injuring federal personnel, The group’s statements or activities

destroying federal facilities, or defying suggest potential federal criminal violations
lawful federal authority; that may be relevant in applying the
standard for initiating a terrorism enterprise
(iii) killing, injuring or intimidating investigation – such as crimes under the
individuals because of their status as United provisions of the U.S. Code that set forth
States nationals or persons, or because of specially defined terrorism or support-of-
their national origin, race, color, religion, or terrorism offenses, or that relate to such
sex; or matters as aircraft hijacking or destruction,
attacks on transportation, communications,
(iv) depriving individuals of any rights or energy facilities or systems, biological or
secured by the Constitution or laws of the chemical weapons, nuclear or radiological
United States. materials, civil rights violations,
assassinations or other violence against
(2) Apparent ability or intent to carry out federal officials or facilities, or explosives
violence or other covered activities: (e.g., the offenses listed in 18 U.S.C.
2332b(g)(5)(B) or appearing in such
The enterprise manifests an apparent provisions as 18 U.S.C. 111, 115, 231, 241,
ability or intent to carry out violence or 245, or 247).
other activities within the scope of 18 U.S.C.
2331(1) or (5) or 2332b(g)(5)(B), e.g.: [Page 6]
(i) by acquiring, or taking steps towards C. AUTHORIZED INVESTIGATIVE

acquiring, biological agents or toxins, toxic TECHNIQUES
chemicals or their precursors, radiological or
nuclear materials, explosives, or other All lawful investigative techniques may
destructive or dangerous materials (or plans be used in general crimes, racketeering
or formulas for such materials), or weapons, enterprise, and terrorism enterprise
under circumstances where, by reason of the investigations. In preliminary inquiries,
quantity or character of the items, the lawful these Guidelines bar the use of mail
purpose of the acquisition is not apparent; openings and nonconsensual electronic
surveillance (including all techniques
(ii) by the creation, maintenance, or covered by chapter 119 of title 18, United
support of an armed paramilitary States Code), but do not categorically
organization; prohibit the use of any other lawful
investigative technique at that stage. As set
(iii) by paramilitary training; or forth in Part IV below, authorized methods
in investigations include, among others, use
(iv) by other conduct demonstrating an of confidential informants, undercover
apparent ability or intent to injure or activities and operations, nonconsensual
intimidate individuals, or to interfere with electronic surveillance, pen registers and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
trap and trace devices, accessing stored wire instructions, child pornography, or stolen
and electronic communications and credit card information is openly traded or
transactional records, consensual electronic disseminated, and observing information
monitoring, and searches and seizures. All open to public view in such forums to detect
requirements for the use of such methods terrorist activities and other criminal
under the Constitution, applicable statutes, activities (VI.B(2)); (v) preparing general
and Department regulations or policies must, reports and assessments relating to terrorism
of course, be observed. or other criminal activities in support of
strategic planning and investigative
D. OTHER AUTHORIZED operations (VI.B(3)); and (vi) providing
ACTIVITIES investigative assistance to the Secret Service
in support of its protective responsibilities
Current counterterrorism priorities and (VI.B(4)).
the advent of the Internet have raised a
number of issues which did not exist in any I. GENERAL PRINCIPLES
comparable form when the last general
revision of these Guidelines was carried out Preliminary inquiries and investigations
in 1989 – a time long preceding the governed by these Guidelines are conducted
September 11 attack’s disclosure of the full for the purpose of preventing, detecting, or
magnitude of the terrorist threat to the prosecuting violations of federal law. The
United States, and a time in which the FBI shall
Internet was not available in any developed
form as a source of information for [Page 7]
counterterrorism and other anti-crime
purposes. Part VI of these Guidelines is fully utilize the methods authorized by
designed to provide clear authorizations and these Guidelines to maximize the realization
statements of governing principles for a of these objectives.
number of important activities that affect
these areas. Among other things, Part VI The conduct of preliminary inquiries and
makes it clear that the authorized law investigations may present choices between
enforcement activities of the FBI include: (i) the use of investigative methods which are
operating and participating in more or less intrusive, considering such
counterterrorism information systems, such factors as the effect on the privacy of
as the Foreign Terrorist Tracking Task Force individuals and potential damage to
(VI.A(1)); (ii) visiting places and events reputation. Inquiries and investigations shall
which are open to the public for the purpose be conducted with as little intrusion as the
or detecting or preventing terrorist activities needs of the situation permit. It is
(VI.A(2)); (iii) carrying out general topical recognized, however, that the choice of
research, such as searching online under techniques is a matter of judgment. The FBI
terms like “anthrax” or “smallpox” to obtain shall not hesitate to use any lawful
publicly available information about agents techniques consistent with these Guidelines,
that may be used in bioterrorism attacks even if intrusive, where the intrusiveness is
(VI.B(1)); (iv) surfing the Internet as any warranted in light of the seriousness of a
member of the public might do to identify, crime or the strength of the information
e.g., public websites, bulletin boards, and indicating its commission or potential future
chat rooms in which bomb making commission. This point is to be particularly
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
observed in the investigation of terrorist statements are made, that there is no
crimes and in the investigation of enterprises prospect of harm.
that engage in terrorism.
General crimes investigations and
All preliminary inquiries shall be criminal intelligence investigations shall be
conducted pursuant to the General Crimes terminated when all logical leads have been
Guidelines (i.e., Part II of these Guidelines). exhausted and no legitimate law
There is no separate provision for enforcement interest justifies their
preliminary inquiries under the Criminal continuance.
Intelligence Guidelines (i.e., Part III of these
Guidelines) because preliminary inquiries Nothing in these Guidelines prohibits the
under Part II may be carried out not only to FBI from ascertaining the general scope and
determine whether the grounds exist to nature of criminal activity in a particular
commence a general crimes investigation location or sector of the economy, or from
under Part II, but alternatively or in addition collecting and maintaining publicly
to determine whether the grounds exist to available information consistent with the
commence a racketeering enterprise Privacy Act.
investigation or terrorism enterprise
investigation under Part III. A preliminary [Page 8]
inquiry shall be promptly terminated when it
becomes apparent that a full investigation is II. GENERAL CRIMES
not warranted. If, on the basis of information INVESTIGATIONS
discovered in the course of a preliminary
inquiry, an investigation is warranted, it may A. DEFINITIONS
be conducted as a general crimes
investigation, or a criminal intelligence (1) “Exigent circumstances” are
investigation, or both. All such circumstances requiring action before
investigations, however, shall be based on a authorization otherwise necessary under
reasonable factual predicate and shall have a these guidelines can reasonably be obtained,
valid law enforcement purpose. in order to protect life or substantial
property interests; to apprehend or identify a
In its efforts to anticipate or prevent fleeing offender; to prevent the hiding,
crime, the FBI must at times initiate destruction or alteration of evidence; or to
investigations in advance of criminal avoid other serious impairment or hindrance
conduct. It is important that such of an investigation.
investigations not be based solely on
activities protected by the First Amendment (2) “Sensitive criminal matter” is any
or on the lawful exercise of any other rights alleged criminal conduct involving corrupt
secured by the Constitution or laws of the action by a public official or political
United States. When, however, statements candidate, the activities of a foreign
advocate criminal activity or indicate an government, the activities of a religious
apparent intent to engage in crime, organization or a primarily political
particularly crimes of violence, an organization or the related activities of any
investigation under these Guidelines may be individual prominent in such an
warranted unless it is apparent, from the organization, or the activities of the news
circumstances or the context in which the media; and any other matter which in the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
judgment of a Special Agent in Charge (2) The FBI supervisor authorizing an
(SAC) should be brought to the attention of inquiry shall assure that the allegation or
the United States Attorney or other other information which warranted the
appropriate official in the Department of inquiry has been recorded in writing. In
Justice, as well as FBI Headquarters sensitive
(FBIHQ).
[Page 9]
B. PRELIMINARY INQUIRIES
criminal matters, the United States
(1) On some occasions the FBI may Attorney or an appropriate Department of
receive information or an allegation not Justice official shall be notified of the basis
warranting a full investigation – because for an inquiry as soon as practicable after the
there is not yet a “reasonable indication” of opening of the inquiry, and the fact of
criminal activities – but whose responsible notification shall be recorded in writing.
handling requires some further scrutiny
beyond the prompt and extremely limited (3) Inquiries shall be completed within
checking out of initial leads. In such 180 days after initiation of the first
circumstances, though the factual predicate investigative step. The date of the first
for an investigation has not been met, the investigative step is not necessarily the same
FBI may initiate an “inquiry” in response to date on which the first incoming information
the allegation or information indicating the or allegation was received. An extension of
possibility of criminal activity. time in an inquiry for succeeding 90-day
periods may be granted. A SAC may grant
This authority to conduct inquiries short up to two extensions based on a statement of
of a full investigation allows the government the reasons why further investigative steps
to respond in a measured way to ambiguous are warranted when there is no “reasonable
or incomplete information, with as little indication” of criminal activity. All
intrusion as the needs of the situation permit. extensions following the second extension
This is especially important in such areas as may only be granted by FBI Headquarters
white-collar crime where no complainant is upon receipt of a written request and such a
involved or when an allegation or statement of reasons.
information is received from a source of
unknown reliability. Such inquiries are (4) The choice of investigative
subject to the limitations on duration under techniques in an inquiry is a matter of
paragraph (3) below and are carried out to judgment, which should take account of: (i)
obtain the information necessary to make an the objectives of the inquiry and available
informed judgment as to whether a full investigative resources, (ii) the intrusiveness
investigation is warranted. of a technique, considering such factors as
the effect on the privacy of individuals and
A preliminary inquiry is not a required potential damage to reputation, (iii) the
step when facts or circumstances reasonably seriousness of the possible crime, and (iv)
indicating criminal activity are already the strength of the information indicating its
available; in such cases, a full investigation existence or future commission. Where the
can be immediately opened. conduct of an inquiry presents a choice
between the use of more or less intrusive
methods, the FBI should consider whether
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the information could be obtained in a (f) Interview of persons who should
timely and effective way by the less readily be able to corroborate or deny the
intrusive means. The FBI should not hesitate truth of the allegation, except this does not
to use any lawful techniques consistent with include pretext interviews or interviews of a
these Guidelines in an inquiry, even if potential subject’s employer or coworkers
intrusive, where the intrusiveness is unless the interviewee was the complainant;
warranted in light of the seriousness of the and
possible crime or the strength of the
information indicating its existence or future (g) Physical or photographic surveillance
commission. This point is to be particularly of any person.
observed in inquiries relating to possible
terrorist activities. The use of any other lawful investigative
technique that is permitted in an inquiry
(5) All lawful investigative techniques shall meet the requirements and limitations
may be used in an inquiry except: of Part IV and, except in exigent
circumstances, requires prior approval by a
(a) Mail openings; and supervisory agent.
(b) Nonconsensual electronic (7) Where a preliminary inquiry fails to

surveillance or any other investigative disclose sufficient information to justify an
technique covered by chapter 119 of title 18, investigation, the FBI shall terminate the
United States Code (18 U.S.C. 2510-2522). inquiry and make a record of the closing. In
a sensitive criminal matter, the FBI shall
(6) The following investigative notify the United States Attorney of the
techniques may be used in an inquiry closing and record the fact of notification in
without any prior authorization from a writing. Information on an inquiry which
supervisory agent: has been closed shall be available on request
to a United States Attorney or his or her
(a) Examination of FBI indices and files; designee or an appropriate Department of
Justice official.
(b) Examination of records available to
the public and other public sources of (8) All requirements regarding inquiries
information; shall apply to reopened inquiries. In
sensitive criminal matters, the United States
[Page 10] Attorney or the appropriate Department of
Justice official shall be notified as soon as
(c) Examination of available federal, practicable after the reopening of an inquiry.
state, and local government records;
C. INVESTIGATIONS
(d) Interview of the complainant,
previously established informants, and other (1) A general crimes investigation may
sources of information; be initiated by the FBI when facts or
circumstances reasonably indicate that a
(e) Interview of the potential subject; federal crime has been, is being, or will be
committed. The investigation may be
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
conducted to prevent, solve, or prosecute investigation as soon as practicable after
such criminal activity. commencement of the investigation.
The standard of “reasonable indication” (4) The Special Agent conducting an

is substantially lower than probable cause. investigation shall maintain periodic written
In determining whether there is reasonable or oral contact with the appropriate federal
indication of a federal criminal violation, a prosecutor, as circumstances require and as
Special Agent may take into account any requested by the prosecutor.
facts or circumstances that a prudent
investigator would consider. However, the When, during an investigation, a matter
standard does require specific facts or appears arguably to warrant prosecution, the
circumstances indicating a past, current, or Special Agent shall present the relevant facts
future violation. There must be an objective, to the appropriate federal prosecutor. In
factual basis for initiating the investigation; every sensitive criminal matter, the FBI
a mere hunch is insufficient. shall notify the appropriate federal
prosecutor of the termination of an
[Page 11] investigation within 30 days of such
termination. Information on investigations
(2) Where a criminal act may be which have been closed shall be available on
committed in the future, preparation for that request to a United States Attorney or his or
act can be a current criminal violation under her designee or an appropriate Department
the conspiracy or attempt provisions of of Justice official.
federal criminal law or other provisions
defining preparatory crimes, such as 18 (5) When a serious matter investigated
U.S.C. 373 (solicitation of a crime of by the FBI is referred to state or local
violence) or 18 U.S.C. 2339A (including authorities for prosecution, the FBI, insofar
provision of material support in preparation as resources permit, shall promptly advise
for a terrorist crime). The standard for the federal prosecutor in writing if the state
opening an investigation is satisfied where or local authorities decline prosecution or
there is not yet a current substantive or fail to commence prosecutive action within
preparatory crime, but facts or 120 days. Where an FBI field office cannot
circumstances reasonably indicate that such provide this follow-up, the SAC shall so
a crime will occur in the future. advise the federal prosecutor.
(3) The FBI supervisor authorizing an (6) When credible information is

investigation shall assure that the facts or received concerning serious criminal activity
circumstances meeting the standard of not within the FBI investigative jurisdiction,
reasonable indication have been recorded in the FBI field office shall promptly transmit
writing. the information or refer the complainant to
the law enforcement agencies having
In sensitive criminal matters, as defined jurisdiction, except where disclosure would
in paragraph A(2), the United States jeopardize an ongoing investigation,
Attorney or an appropriate Department of endanger the safety of an individual,
Justice official, as well as FBIHQ, shall be disclose the identity of an informant,
notified in writing of the basis for an interfere with an informant’s cooperation, or
reveal legally privileged information. If full
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
disclosure is not made for the reasons investigation of a completed criminal act is
indicated, then whenever feasible the FBI normally confined to determining who
field office shall make at least limited committed that act and securing evidence to
disclosure to the law enforcement agency establish the elements of the particular
having jurisdiction, and full offense. It is, in this respect, self-defining.
An intelligence investigation of an ongoing
[Page 12] criminal enterprise must determine the size
and composition of the group involved, its
disclosure shall be made as soon as the geographic dimensions, its past acts and
need for restricting dissemination is no intended criminal goals, and its capacity for
longer present. Where full disclosure is not harm. While a standard criminal
made to the appropriate law enforcement investigation terminates with the decision to
agencies within 180 days, the FBI field prosecute or not to prosecute, the
office shall promptly notify FBI investigation of a criminal enterprise does
Headquarters in writing of the facts and not necessarily end, even though one or
circumstances concerning the criminal more of the participants may have been
activity. The FBI shall make a periodic prosecuted.
report to the Deputy Attorney General on
such nondisclosure and incomplete In addition, the organization provides a
disclosures, in a form suitable to protect the life and continuity of operation that are not
identity of informants. normally found in a regular criminal
activity. As a consequence, these
Whenever information is received investigations may continue for several
concerning unauthorized criminal activity by years. Furthermore, the focus of such
a confidential informant, it shall be handled investigations “may be less precise than that
in accordance with the Attorney General's directed against more conventional types of
Guidelines Regarding the Use of crime.” United States v. United States
Confidential Informants. District Court, 407 U.S. 297, 322 (1972).
Unlike the usual criminal case, there may be
(7) All requirements regarding no completed offense to provide a
investigations shall apply to reopened framework for the investigation. It often
investigations. In sensitive criminal matters, requires the fitting together of bits and
the United States Attorney or the appropriate pieces of information, many meaningless by
Department of Justice official shall be themselves, to determine whether a pattern
notified in writing as soon as practicable of criminal activity exists. For this reason,
after the reopening of an investigation. the investigation is broader and less
discriminate than usual, involving “the
III. CRIMINAL INTELLIGENCE interrelation of various sources and types of
INVESTIGATIONS information.” Id.
This section authorizes the FBI to Members of groups or organizations

conduct criminal intelligence investigations acting in concert to violate the law present a
of certain enterprises. These investigations grave threat to society. An investigation of
differ from general crimes investigations, organizational activity, however, may
authorized by Section II, in several present special problems particularly where
important respects. As a general rule, an
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
it deals with politically motivated acts. racketeering activity involves an offense or
There is “often . . . a offenses described in 18 U.S.C.
2332b(g)(5)(B), the investigation shall be
[Page 13] deemed a terrorism enterprise investigation
and shall be subject to the standards and
convergence of First and Fourth procedures of Subpart B of this Part in lieu
Amendment values” in such matters that is of those set forth in this Subpart. The
“not present in cases of ‘ordinary’ crime.” standard of “reasonable indication” is
Id. at 313. Thus special care must be identical to that governing the initiation of a
exercised in sorting out protected activities general crimes investigation under Part II.
from those which may lead to violence or
serious disruption of society. As a b. Authority to conduct racketeering
consequence, the guidelines establish enterprise investigations is in addition to
safeguards for group investigations of general crimes investigative authority under
special sensitivity, including tighter Part II, terrorism enterprise investigative
management controls and higher levels of authority under Subpart B of this Part, and
review. activities under other Attorney General
guidelines addressing such matters as
A. RACKETEERING ENTERPRISE investigations and information collection
INVESTIGATIONS relating to international terrorism, foreign
counterintelligence, or foreign intelligence.
This section focuses on investigations of Information warranting initiation of a
organized crime. It is concerned with the racketeering enterprise investigation may be
investigation of entire enterprises, rather obtained during the course of a general
than just individual participants and specific crimes inquiry or investigation, a terrorism
criminal acts, and authorizes investigations enterprise investigation, or an investigation
to determine the structure and scope of the under other Attorney General guidelines.
enterprise as well as the relationship of the Conversely, a racketeering enterprise
members. investigation may yield information
warranting a general crimes inquiry or
1. Definition
[Page 14]
Racketeering activity is any offense,
including a violation of state law, investigation, a terrorism enterprise
encompassed by the Racketeer Influenced investigation, or an investigation under other
and Corrupt Organizations Act (RICO), 18 Attorney General guidelines.
U.S.C. 1961(1).
3. Purpose
2. General Authority
The immediate purpose of a racketeering
a. A racketeering enterprise investigation enterprise investigation is to obtain
may be initiated when facts or circumstances information concerning the nature and
reasonably indicate that two or more persons structure of the enterprise, as specifically
are engaged in a pattern of racketeering delineated in paragraph (4) below, with a
activity as defined in the RICO statute, 18 view to the longer range objective of
U.S.C. 1961(5). However, if the pattern of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
detection, prevention, and prosecution of the notify the Attorney General and the Deputy
criminal activities of the enterprise. Attorney General. In all racketeering
enterprise investigations, the Chief of the
4. Scope Organized Crime
a. A racketeering enterprise investigation [Page 15]

properly initiated under these guidelines
may collect such information as: and Racketeering Section may, as he or
she deems necessary, request the FBI to
(i) the members of the enterprise and provide a report on the status of the
other persons likely to be knowingly acting investigation.
in the furtherance of racketeering activity,
provided that the information concerns such c. A racketeering enterprise investigation
persons’ activities on behalf of or in may be initially authorized for a period of up
furtherance of the enterprise; to a year. An investigation may be continued
upon renewed authorization for additional
(ii) the finances of the enterprise; periods each not to exceed a year. Renewal
authorization shall be obtained from the
(iii) the geographical dimensions of the SAC with notification to FBIHQ. The FBI
enterprise; and shall notify the Organized Crime and
Racketeering Section of any renewal, and
(iv) the past and future activities and the Organized Crime and Racketeering
goals of the enterprise. Section shall immediately notify the
Attorney General and the Deputy Attorney
b. In obtaining the foregoing General.
information, any lawful investigative
technique may be used, in accordance with d. Investigations shall be reviewed by the
the requirements of Part IV. SAC on or before the expiration of the
period for which the investigation and each
5. Authorization and Renewal renewal thereof is authorized.
a. A racketeering enterprise investigation e. An investigation which has been

may be authorized by the Special Agent in terminated may be reopened upon a showing
Charge, with notification to FBIHQ, upon a of the same standard and pursuant to the
written recommendation setting forth the same procedures as required for initiation of
facts and circumstances reasonably an investigation.
indicating that the standard of paragraph
(2)(a) is satisfied. f. In addition to the authority of Special
Agents in Charge under this paragraph, the
b. The FBI shall notify the Organized Director of the FBI, and any Assistant
Crime and Racketeering Section of the Director or senior Headquarters official
Criminal Division and any affected United designated by the Director, may authorize,
States Attorney’s office of the opening of a renew, review, and reopen racketeering
racketeering enterprise investigation. On enterprise investigations in conformity with
receipt of such notice, the Organized Crime the standards of this paragraph.
and Racketeering Section shall immediately
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
B. TERRORISM ENTERPRISE be conducted, the FBI shall consider all of
INVESTIGATIONS the circumstances including: (i) the
magnitude of the threatened harm; (ii) the
This section focuses on investigations of likelihood it will occur; (iii) the immediacy
enterprises that seek to further political or of the threat; and (iv) any danger to privacy
social goals through activities that involve or free expression posed by an investigation.
force or violence, or that otherwise aim to
engage in terrorism or terrorism-related b. Authority to conduct terrorism
crimes. Like the section addressing enterprise investigations is in addition to
racketeering enterprise investigations, it is general crimes investigative authority under
concerned with the investigation of entire Part II, racketeering enterprise investigative
enterprises, rather than just individual authority under Subpart A of this Part, and
participants and specific criminal acts, and activities under other Attorney General
authorizes investigations to determine the guidelines addressing such matters as
structure and scope of the enterprise as well investigations and information collection
as the relationship of the members. relating to international terrorism, foreign
counterintelligence, or foreign intelligence.
1. General Authority Information warranting initiation of a
terrorism enterprise investigation may be
a. A terrorism enterprise investigation obtained during the course of a general
may be initiated when facts or circumstances crimes inquiry or investigation, a
reasonably indicate that two or more persons racketeering enterprise investigation, or an
are engaged in an enterprise for the purpose investigation under other Attorney General
of: (i) furthering political or social goals guidelines. Conversely, a terrorism
wholly or in part through activities that enterprise investigation may yield
involve force or violence and a violation of information warranting a general crimes
federal criminal law, (ii) engaging in inquiry or investigation, a racketeering
terrorism as defined in 18 U.S.C. 2331(1) or enterprise investigation, or an investigation
(5) that involves a violation of federal under other Attorney General guidelines.
criminal law,
c. Mere speculation that force or violence
[Page 16] might occur during the course of an
otherwise peaceable demonstration is not
or (iii) committing any offense described sufficient grounds for initiation of an
in 18 U.S.C. 2332b(g)(5)(B). A terrorism investigation under this Subpart, but where
enterprise investigation may also be initiated facts or circumstances reasonably indicate
when facts or circumstances reasonably that a group or enterprise has engaged or
indicate that two or more persons are aims to engage in activities involving force
engaged in a pattern of racketeering activity or violence or other criminal conduct
as defined in the RICO statute, 18 U.S.C. described in paragraph (1)(a) in a
1961(5), that involves an offense or offenses demonstration, an investigation may be
described in 18 U.S.C. 2332b(g)(5)(B). The initiated in conformity with the standards of
standard of “reasonable indication” is that paragraph. For alternative authorities
identical to that governing the initiation of a see Part II relating to General Crimes
general crimes investigation under Part II. In Investigations and the Attorney General’s
determining whether an investigation should Guidelines on Reporting on Civil Disorders
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
and Demonstrations Involving a Federal 4. Authorization and Renewal
Interest. This does not limit the collection of
information about public demonstrations by a. A terrorism enterprise investigation
enterprises that are under active may be authorized by the Special Agent in
investigation pursuant to paragraph (1)(a) Charge, with notification to FBIHQ, upon a
above. written recommendation setting forth the
facts or circumstances reasonably indicating
[Page 17] the existence of an enterprise as described in
paragraph (1)(a). The FBI shall notify the
2. Purpose Terrorism and Violent Crime Section of the
Criminal Division, the Office of Intelligence
The immediate purpose of a terrorism Policy and Review, and any affected United
enterprise investigation is to obtain States Attorney’s office of the opening of a
information concerning the nature and terrorism enterprise investigation. On receipt
structure of the enterprise as specifically of such notice, the Terrorism and Violent
delineated in paragraph (3) below, with a Crime Section shall immediately notify the
view to the longer range objectives of Attorney General and the Deputy Attorney
detection, prevention, and prosecution of the General. In all such investigations, the Chief
criminal activities of the enterprise. of the Terrorism and Violent Crime Section
may, as he or she deems necessary, request
3. Scope the FBI to provide a report on the status of
the investigation.
a. A terrorism enterprise investigation
initiated under these guidelines may collect b. A terrorism enterprise investigation
such information as: may be initially authorized for a period of up
to a year. An investigation may be continued
(i) the members of the enterprise and upon renewed
other persons likely to be knowingly acting
in furtherance of its criminal objectives, [Page 18]
provided that the information concerns such
persons’ activities on behalf of or in authorization for additional periods each
furtherance of the enterprise; not to exceed a year. Renewal authorization
shall be obtained from the SAC with
(ii) the finances of the enterprise; notification to FBIHQ. The FBI shall notify
the Terrorism and Violent Crime Section
(iii) the geographical dimensions of the and the Office of Intelligence Policy and
enterprise; and Review of any renewal, and the Terrorism
and Violent Crime Section shall
(iv) past and future activities and goals of immediately notify the Attorney General
the enterprise. and the Deputy Attorney General.
b. In obtaining the foregoing c. Investigations shall be reviewed by the

information, any lawful investigative SAC on or before the expiration of the
technique may be used, in accordance with period for which the investigation and each
the requirements of Part IV. renewal thereof is authorized. In some cases,
the enterprise may meet the threshold
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
standard but be temporarily inactive in the the objectives of the investigation and
sense that it has not engaged in recent acts available investigative resources, (ii) the
of violence or other criminal activities as intrusiveness of a technique, considering
described in paragraph (1)(a), nor is there such factors as the effect on the privacy of
any immediate threat of harm – yet the individuals and potential damage to
composition, goals and prior history of the reputation, (iii) the seriousness of the crime,
group suggest the need for continuing and (iv) the strength of the information
federal interest. The investigation may be indicating its existence
continued in such cases with whatever scope
is warranted in light of these considerations. [Page 19]
d. An investigation which has been or future commission. Where the

terminated may be reopened upon a showing conduct of an investigation presents a choice
of the same standard and pursuant to the between the use of more or less intrusive
same procedures as required for initiation of methods, the FBI should consider whether
an investigation. the information could be obtained in a
timely and effective way by the less
e. In addition to the authority of Special intrusive means. The FBI should not hesitate
Agents in Charge under this paragraph, the to use any lawful techniques consistent with
Director of the FBI, and any Assistant these Guidelines in an investigation, even if
Director or senior Headquarters official intrusive, where the intrusiveness is
designated by the Director, may authorize, warranted in light of the seriousness of the
renew, review, and reopen terrorism crime or the strength of the information
enterprise investigations in conformity with indicating its existence or future
the standards of this paragraph. commission. This point is to be particularly
observed in investigations relating to
f. The FBI shall report to the Terrorism terrorist activities.
and Violent Crime Section of the Criminal
Division and the Office of Intelligence B. All requirements for use of a
Policy and Review the progress of a technique set by statute, Department
terrorism enterprise investigation not later regulations and policies, or Attorney
than 180 days after its initiation, and the General Guidelines must be complied with.
results at the end of each year the The investigative techniques listed below
investigation continues. The Terrorism and are subject to the noted restrictions:
Violent Crime Section shall immediately
transmit copies of these reports to the 1. Confidential informants must be used
Attorney General and the Deputy Attorney in compliance with the Attorney General’s
General. Guidelines Regarding the Use of
Confidential Informants;
IV. INVESTIGATIVE TECHNIQUES
2. Undercover activities and operations
A. When conducting investigations under must be conducted in compliance with the
these guidelines, the FBI may use any lawful Attorney General’s Guidelines on FBI
investigative technique. The choice of Undercover Operations;
investigative techniques is a matter of
judgment, which should take account of: (i)
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
3. In situations involving undisclosed telephone conversations, advance
participation in the activities of an authorization must be obtained from the
organization by an undercover employee or SAC or Assistant Special Agent in Charge
cooperating private individual, any potential and the appropriate U.S. Attorney, Assistant
constitutional concerns relating to activities Attorney General, or Deputy Assistant
of the organization protected by the First Attorney General, except in exigent
Amendment must be addressed through full circumstances. An Assistant Attorney
compliance with all applicable provisions of General or Deputy Assistant Attorney
the Attorney General’s Guidelines on FBI General who provides such authorization
Undercover Operations and the Attorney shall notify the appropriate U.S. Attorney;
General’s Guidelines Regarding the Use of
Confidential Informants; 8. Searches and seizures must be
conducted under the authority of a valid
4. Nonconsensual electronic surveillance warrant unless the search or seizure comes
must be conducted pursuant to the warrant within a judicially recognized exception to
procedures and requirements of chapter 119 the warrant requirement. See also Attorney
of title 18, United States Code (18 U.S.C. General’s Guidelines on Methods of
2510-2522); Obtaining Documentary Materials Held by
Third Parties, 28 CFR Part 59;
5. Pen registers and trap and trace
devices must be installed and used pursuant 9. Classified investigative technologies
to the procedures and requirements of must be used in compliance with the
chapter 206 of title 18, United States Code Procedures for the Use of Classified
(18 U.S.C. 3121-3127); Investigative Technologies in Criminal
Cases; and
6. Access to stored wire and electronic
communications and transactional records 10. Whenever an individual is known to
must be obtained pursuant to the procedures be represented by counsel in a particular
and requirements of chapter 121 of title 18, matter, the FBI shall follow applicable law
United States Code (18 U.S.C. 2701-2712); and Department procedure concerning
contact with represented individuals in the
7. Consensual electronic monitoring absence of prior notice to their counsel. The
must be authorized pursuant to Department SAC or his designee and the United States
policy. For consensual monitoring of Attorney shall consult periodically on
conversations other than telephone applicable law and Department procedure.
conversations, advance authorization must Where issues arise concerning the
be obtained in accordance with established consistency of contacts with represented
guidelines. This applies both to devices persons with applicable attorney conduct
carried by the cooperating rules, the United States Attorney should
consult with the Professional Responsibility
[Page 20] Advisory Office.
participant and to devices installed on V. DISSEMINATION AND

premises under the control of the participant. MAINTENANCE OF INFORMATION
See U.S. Attorneys’ Manual 9-7.301 and 9-
7.302. For consensual monitoring of
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A. The FBI may disseminate information VI. COUNTERTERRORISM
during the checking of leads, preliminary ACTIVITIES AND OTHER
inquiries, and investigations conducted AUTHORIZATIONS
pursuant to these Guidelines to United States
Attorneys, the Criminal Division, and other In order to carry out its central mission of
components, officials, and officers of the preventing the commission of terrorist acts
Department of Justice. The FBI may against the United States and its people, the
disseminate information during the checking FBI must proactively draw on available
of leads, preliminary inquiries, and sources of information to identify terrorist
investigations conducted pursuant to these threats and activities. It cannot be content to
Guidelines to another Federal agency or to a wait for leads to come in through the actions
State or local criminal justice agency when of others, but rather must be vigilant in
such information: detecting terrorist activities to the full extent
permitted by law, with an eye towards early
1. falls within the investigative or intervention and prevention of acts of
protective jurisdiction or litigative terrorism before they occur. This Part
responsibility of the agency; accordingly identifies a number of
authorized activities which further this end,
2. may assist in preventing a crime or the and which can be carried out even in the
use of violence or any other conduct absence of a checking of leads, preliminary
dangerous to human life; inquiry, or full investigation as described in
Parts I-III of these Guidelines. The
[Page 21] authorizations include both activities that are
specifically focused on terrorism (Subpart
3. is required to be furnished to another A) and activities that are useful for law
Federal agency by Executive Order 10450, enforcement purposes in both terrorism and
as amended, dated April 27, 1953, or a non-terrorism contexts (Subpart B).
successor Order; or
A. COUNTERTERRORISM
4. is required to be disseminated by ACTIVITIES
statute, interagency agreement approved by
the Attorney General, or Presidential 1. Information Systems
Directive;
The FBI is authorized to operate and
and to other persons and agencies as participate in identification, tracking, and
required by 5 U.S.C. 552 or as otherwise information systems for the purpose of
permitted by 5 U.S.C. 552a. identifying and locating terrorists, excluding
or removing from the United States alien
B. The FBI shall maintain a database that terrorists and alien supporters of terrorist
identifies all preliminary inquiries and activity as authorized by law, assessing and
investigations conducted pursuant to these responding to terrorist risks and threats, or
Guidelines and that permits the prompt otherwise detecting, prosecuting, or
retrieval of information concerning the preventing terrorist activities. Systems
status (open or closed) and subjects of all within the scope of this paragraph may draw
such inquiries and investigations. on and retain pertinent information from any
source permitted by law, including
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
information derived from past or ongoing online sites and forums as part of such
investigative activities; other information research on the same terms and conditions
collected or provided by governmental as members of the public generally.
entities, such as foreign intelligence “General topical research” under this
information and lookout list information; paragraph means research concerning
publicly available information, whether subject areas that are relevant for the
obtained directly or through services or purpose of facilitating or supporting the
resources (whether nonprofit or commercial) discharge of investigative responsibilities. It
that compile does not include online searches for
information by individuals’ names or other
[Page 22] individual identifiers, except where such
searches are incidental to topical research,
or analyze such information; and such as searching to locate writings on a
information voluntarily provided by private topic by searching under the names of
entities. Any such system operated by the authors who write on the topic, or searching
FBI shall be reviewed periodically for by the name of a party to a case in
compliance with all applicable statutory conducting legal research.
provisions, Department regulations and
policies, and Attorney General Guidelines. 2. Use of Online Resources Generally
2. Visiting Public Places and Events For For the purpose of detecting or
the purpose of detecting or preventing preventing terrorism or other criminal
terrorist activities, the FBI is authorized to activities, the FBI is authorized to conduct
visit any place and attend any event that is online search activity and to access online
open to the public, on the same terms and sites and forums on the same terms and
conditions as members of the public conditions as members of the public
generally. No information obtained from generally.
such visits shall be retained unless it relates
to potential criminal or terrorist activity. [Page 23]
B. OTHER AUTHORIZATIONS 3. Reports and Assessments
In addition to the checking of leads, The FBI is authorized to prepare general

preliminary inquiries, and investigations as reports and assessments concerning
described in Parts I-III of these Guidelines, terrorism or other criminal activities for
and counterterrorism activities as described purposes of strategic planning or in support
in Part A above, the authorized law of investigative activities.
enforcement activities of the FBI include
carrying out and retaining information 4. Cooperation with Secret Service
resulting from the following activities:
The FBI is authorized to provide
1. General Topical Research investigative assistance in support of the
protective responsibilities of the Secret
The FBI is authorized to carry out Service, provided that all preliminary
general topical research, including inquiries or investigations are conducted in
conducting online searches and accessing
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accordance with the provisions of these for purposes of the Privacy Act include
Guidelines. carrying out and retaining information
resulting from the checking of leads,
C. PROTECTION OF PRIVACY AND preliminary inquiries, or investigations as
OTHER LIMITATIONS described in Parts I-III of these Guidelines,
or from activities described in Subpart A or
1. General Limitations B of this Part. As noted in paragraph (3)
below, however, this is not an exhaustive
The law enforcement activities enumeration of “authorized law enforcement
authorized by this Part do not include activit[ies].” Questions about the application
maintaining files on individuals solely for of the Privacy Act to other activities should
the purpose of monitoring activities be addressed to the FBI Office of the
protected by the First Amendment or the General Counsel or the Office of
lawful exercise of any other rights secured Information and Privacy.
by the Constitution or laws of the United
States. Rather, all such law enforcement [Page 24]
activities must have a valid law enforcement
purpose as described in this Part, and must 3. Construction of Part
be carried out in conformity with all
applicable statutes, Department regulations This Part does not limit any activities
and policies, and Attorney General authorized by or carried out under other
Guidelines. In particular, the provisions of Parts of these Guidelines. The specification
this Part do not supersede any otherwise of authorized law enforcement activities
applicable provision or requirement of the under this Part is not exhaustive, and does
Attorney General’s Guidelines on FBI not limit other authorized law enforcement
Undercover Operations or the Attorney activities, such as those relating to foreign
General’s Guidelines Regarding the Use of counterintelligence or foreign intelligence.
Confidential Informants.
VII. RESERVATION
2. Maintenance of Records Under the
Privacy Act A. Nothing in these Guidelines shall
limit the general reviews or audits of papers,
Under the Privacy Act, the permissibility files, contracts, or other-records in the
of maintaining records relating to certain government's possession, or the performance
activities of individuals depends in part on ofsimilat services at the specific request of a
whether the collection of such information is Department or agency of the United States.
“pertinent to and within the scope of an Such reviews, audits or similar services
authorized law enforcement activity.” 5 must be for the purpose of detecting or
U.S.C. 552a(e)(7). By its terms, the preventing violations of federal law which
limitation of 5 U.S.C. 552a(e)(7) is are within the investigative responsibility of
inapplicable to activities that do not involve the FBI.
the “maintain[ing]” of a “record” within the
meaning of the Privacy Act, or that occur B. Nothing in these Guidelines is
pertinent to and within the scope of an intended to limit the FBI's responsibilities to
authorized law enforcement activity. investigate certain applicants and employees
“Authorized law enforcement activit[ies]”
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
under the federal personnel security They apply to investigations conducted by
program. the FBI pursuant to the Attorney General’s
Guidelines on General Crimes, Racketeering
C. These Guidelines are set forth solely Enterprise and Terrorism Enterprise
for the purpose of internal Department of Investigations.
Justice guidance. They are not intended to,
do not, and may not be relied upon to create [Table of Contents: i]
any rights, substantive or procedural,
enforceable at law by any party in any TABLE OF CONTENTS
matter, civil or criminal, nor do they place
any limitation on otherwise lawful I. INTRODUCTION
investigative and litigative prerogatives of
the Department of Justice. II. DEFINITIONS 1
Date: May 30, 2002 John Ashcroft III. GENERAL AUTHORITY AND
PURPOSE 2
Attorney General
IV. AUTHORIZATION OF
UNDERCOVER OPERATIONS . 3
8.F.9b “The Attorney General’s A. GENERAL APPROVAL
Guidelines on Federal Bureau STANDARDS 3
of Investigation Undercover
Operations”. 30 May 2002: B. UNDERCOVER OPERATIONS
WHICH MAY BE AUTHORIZED BY
http://www.usdoj.gov/olp/fbiundercover.pdf THE SPECIAL AGENT IN CHARGE
(SAC) 3
C. OPERATIONS WHICH MUST BE

THE ATTORNEY APPROVED AT FBIHQ 5
GENERAL’S GUIDELINES D. CRIMINAL UNDERCOVER
ON FEDERAL BUREAU OPERATIONS REVIEW COMMITTEE
(UNDERCOVER REVIEW
OF INVESTIGATION COMMITTEE) 8
UNDERCOVER
E. APPROVAL BY THE DIRECTOR,
OPERATIONS DEPUTY DIRECTOR, DESIGNATED
EXECUTIVE ASSISTANT DIRECTOR,
PREAMBLE OR DESIGNATED ASSISTANT
DIRECTOR 9
The following Guidelines on the use of
undercover activities and operations by the F. APPLICATION/NOTIFICATION TO
Federal Bureau of Investigation (FBI) are FBIHQ . 10
issued under the authority of the Attorney
General as provided in sections 509, 510,
and 533 of title 28, United States Code.
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G. DURATION OF AUTHORIZATION F. DEPOSIT OF PROCEEDS;
. 11 LIQUIDATION OF PROPRIETARIES 19
H. PARTICIPATION IN OTHERWISE VII. RESERVATION 19

ILLEGAL ACTIVITY BY UNDERCOVER
EMPLOYEES 12 [Page 1]
I. INTERIM/EMERGENCY I. INTRODUCTION
AUTHORIZATION 14
The use of undercover techniques,
V. PROTECTING INNOCENT PARTIES including proprietary business entities, is
AGAINST ENTRAPMENT 16 essential to the detection, prevention, and
prosecution of white collar crimes, public
A. ENTRAPMENT 16 corruption, terrorism, organized crime,
offenses involving controlled substances,
B. AUTHORIZATION REQUIREMENTS and other priority areas of investigation.
. 16 However, these techniques inherently
involve an element of deception and may
C. EXCEPTION . 17 require cooperation with persons whose
motivation and conduct are open to
[Table of Contents: ii] question, and so should be carefully
considered and monitored.
VI. MONITORING AND CONTROL OF
UNDERCOVER OPERATIONS 17 II. DEFINITIONS
A. PREPARATION OF UNDERCOVER A. “Undercover Activities” means any

EMPLOYEES, INFORMANTS, AND investigative activity involving the use of an
COOPERATING WITNESSES 17 assumed name or cover identity by an
employee of the FBI or another Federal,
B. REVIEW OF CONDUCT 17 state, or local law enforcement organization
working with the FBI.
C. CONTINUING CONSULTATION
WITH THE APPROPRIATE FEDERAL B. “Undercover Operation” means an
PROSECUTOR . 17 investigation involving a series of related
undercover activities over a period of time
D. SERIOUS LEGAL, ETHICAL, by an undercover employee. For purposes of
PROSECUTIVE OR DEPARTMENTAL these Guidelines, a “series of related
POLICY QUESTIONS, AND undercover activities” generally consists of
PREVIOUSLY UNFORESEEN more than three separate substantive
SENSITIVE CIRCUMSTANCES contacts by an undercover employee with
18 the individual(s) under investigation.
However, undercover activity involving
E. ANNUAL REPORT OF THE sensitive or fiscal circumstances constitutes
UNDERCOVER REVIEW an undercover operation regardless of the
COMMITTEE 18 number of contacts involved. A contact is
“substantive” if it is a communication with
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another person, whether by oral, written, E. “Appropriate Federal Prosecutor”
wire, or electronic means, which includes means a United States Attorney or Section
information of investigative interest. Mere Chief in the Criminal Division of the
incidental contact, e.g., a conversation that Department of Justice (DOJ).
establishes an agreed time and location for
another meeting, is not a substantive contact F. “Joint Undercover Operation” means
within the meaning of these Guidelines. an undercover operation conducted jointly
by the FBI and another law enforcement
NOTE: In the context of online agency, except that an operation in which
communications, such as e-mail and Internet FBI participation is confined to contribution
Relay Chat (IRC), multiple transmissions or of limited financial or equipment resources
e-mail messages can constitute one contact, or technical advice does not constitute a
much like a series of verbal exchanges can joint undercover operation.
comprise a single conversation. Factors to
be considered in determining whether III. GENERAL AUTHORITY AND
multiple online transmissions constitute a PURPOSE
single contact or multiple contacts include
the time between transmissions, the number The FBI may engage in undercover
of transmissions, the number of activities and undercover operations
interruptions, topical transitions, and the pursuant to these Guidelines that are
media by which the communications are appropriate to carry out its law enforcement
exchanged (i.e., e-mail versus IRC). For responsibilities, including the conduct of
more detailed discussion, see the Online preliminary inquiries, general crimes
Investigative Principles for Federal Law investigations, and criminal intelligence
Enforcement Agents, Principle 6, Section C. investigations. In preliminary inquiries,
these methods may be used to further the
C. “Undercover Employee" means any objective of inquiry into possible criminal
employee of the FBI, or employee of a activities by individuals or groups to
Federal, state, or local law enforcement determine whether a full investigation is
agency working under the direction and warranted. In general crimes investigations,
control of the FBI in a particular these methods may be used to further the
investigation, whose relationship with the investigative objectives of preventing,
FBI is concealed from third parties in the solving, and prosecuting crimes. In criminal
course of an investigative operation by the intelligence investigations – i.e.,
maintenance of a cover or alias identity. racketeering enterprise investigations and
terrorism enterprise investigations – these
D. “Proprietary" means a sole methods may be used to further the
proprietorship, partnership, corporation, or investigative objective of ascertaining such
other business entity operated on a matters as the membership, finances,
commercial basis, which is owned, geographical dimensions, past and future
controlled, or operated wholly or in part on activities, and goals of the enterprise under
behalf of the FBI, and whose relationship investigation, with a view to the longer
with the FBI is concealed from third parties. range objectives of detection, prevention,
and prosecution of the criminal activities of
[Page 2] the enterprise.
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These guidelines do not apply to application shall weigh the risks and benefits
investigations utilizing confidential of the operation, giving careful
informants, cooperating witnesses or consideration to the following factors:
cooperating subjects, unless the
investigation also utilizes an undercover (1) The risk of personal injury to
employee. However, the FBI, through the individuals, property damage, financial loss
development of internal policy, may choose to persons or businesses, damage to
to apply these Guidelines to certain reputation, or other harm to persons;
confidential informant, cooperating witness,
and cooperating subject operations by (2) The risk of civil liability or other loss
referring such matters to the Undercover to the Government;
Review Committee pursuant to Section
IV.D(6). (3) The risk of invasion of privacy or
interference with privileged or confidential
The FBI may participate in joint relationships and any potential constitutional
undercover activities with other law concerns or other legal concerns;
enforcement agencies and may operate a
proprietary to the extent necessary to (4) The risk that individuals engaged in
maintain an operation’s cover or undercover operations may become involved
effectiveness. Joint undercover operations in illegal conduct restricted in Section IV.H
are to be conducted pursuant to these below; and
Guidelines. However, if a joint undercover
operation is under the direction and control (5) The suitability of Government
of another federal law enforcement agency participation in the type of activity that is
and is approved through a sensitive expected to occur during the operation.
operations review process substantially
comparable to the process under these B. UNDERCOVER OPERATIONS
Guidelines, the other agency’s process may WHICH MAY BE AUTHORIZED BY
be relied on in lieu of the process under THE SPECIAL AGENT IN CHARGE
these Guidelines. In any undercover activity (SAC)
or operation in which an FBI undercover
employee participates, Sections IV.H and (1) The establishment, extension, or
VI.A-B of these Guidelines shall apply, renewal of all undercover operations to be
regardless of which agency directs and supervised by a given field office must be
controls the operation. approved by the SAC. If the undercover
operation does not involve any of the factors
[Page 3] listed in Section IV.C below, this approval
shall constitute authorization for the
IV. AUTHORIZATION OF operation. Approval requires a written
UNDERCOVER OPERATIONS determination, stating supporting facts and
circumstances, that:
A. GENERAL APPROVAL
STANDARDS (a) Initiation of investigative activity
regarding the alleged criminal conduct or
Any official considering approval or criminal enterprise is warranted under any
authorization of a proposed undercover applicable departmental guidelines;
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
with the need to collect the evidence or
(b) The proposed undercover operation information in a timely and effective
appears to be an effective means of manner;
obtaining evidence or necessary
information. This finding should include a (d) Approval for the use of any
statement of what prior investigation has confidential informant has been obtained as
been conducted and what chance the required by the Attorney General’s
operation has of obtaining evidence or Guidelines Regarding the Use of
necessary information concerning the Confidential Informants;
alleged criminal conduct or criminal
enterprise; (e) Any foreseeable participation by an
undercover employee in illegal activity that
NOTE: The gathering of evidence and can be approved by the SAC on his or her
information through undercover operations own authority is justified by the factors
furthers the investigative objectives of noted in paragraph H; and
detecting, preventing, and prosecuting
crimes. See Sections I and III above. In (f) If there is no present expectation of
furthering these objectives, the Attorney the occurrence of any of the sensitive or
General’s Guidelines on General Crimes, fiscal circumstances listed in paragraph C, a
Racketeering Enterprise and Terrorism statement to that effect.
[Page 4] (2) Undercover operations may be

authorized pursuant to this subsection for up
Enterprise Investigations (Part I) state to six months and continued upon renewal
that “[t]he FBI shall not hesitate to use any for an additional six-month period, for a
lawful techniques consistent with these total of no more than one year. Undercover
Guidelines, even if intrusive, where the operations initiated pursuant to this
intrusiveness is warranted in light of the subsection may not involve the expenditure
seriousness of a crime or the strength of the of more than $50,000 ($100,000 in drug
information indicating its commission or cases of which a maximum of $50,000 is for
potential future commission. This point is to operational expenses), or such other amount
be particularly observed in the investigation that is set from time to time by the Director,
of terrorist crimes and in the investigation of without approval from FBI Headquarters
enterprises that engage in terrorism.” As (FBIHQ).
with other investigative techniques, Special
Agents in Charge should be guided by this (3) The SAC may delegate the
principle in considering and approving responsibility to authorize the establishment,
undercover operations. The principle, as extension, or renewal of undercover
noted, applies with particular force where operations to designated Assistant Special
the undercover operation is directed to Agents in Charge. The delegation of this
gathering information that will help to solve responsibility by the SAC should be in
and prosecute terrorist offenses or prevent writing and maintained in the appropriate
the future commission of acts of terrorism. field office. However, all undercover
operations which must be authorized at
(c) The undercover operation will be FBIHQ must be approved by the SAC.
conducted with minimal intrusion consistent
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(4) A copy of all written approvals surveillance is not an undercover operation
described in (1) above shall be forwarded for purposes of these Guidelines. However,
promptly to FBIHQ. since the expenditure of appropriated funds
is involved, approval must be obtained from
[Page 5] FBIHQ in conformance with applicable
laws.
C. OPERATIONS WHICH MUST BE
APPROVED AT FBIHQ (b) Require the deposit of appropriated
funds or proceeds generated by the
(1) Fiscal Circumstances undercover operation into banks or other
financial institutions;
In all undercover operations involving
the fiscal circumstances set out below, the (c) Use the proceeds generated by the
SAC shall submit an application to FBIHQ undercover operation to offset necessary and
in accordance with Section IV.F below. A reasonable expenses of the operation;
recommendation for authorization may be
forwarded directly to the Director or (d) Require a reimbursement,
designated Assistant Director or, in compensation, or indemnification agreement
operations involving only fiscal with cooperating individuals or entities for
circumstances (a)- (c), to the designated services or losses incurred by them in aid of
Deputy Assistant Director for final review the operation (any such agreement entered
and authorization, provided that the approval into with third parties must be reviewed by
levels conform to all applicable laws. the FBI’s Office of the General Counsel and
Office of the Chief Contracting Officer); or
Applications for approval of undercover
operations referred to FBIHQ only because (e) Exceed the limitations on duration or
of fiscal circumstances need not be commitment of resources established by the
considered or approved by the Undercover Director for operations initiated at the field
Review Committee. office level.
For purpose of these Guidelines, an [Page 6]

undercover operation involves fiscal
circumstances if there is a reasonable (2) Sensitive Circumstances
expectation that the undercover operation
will – In all undercover operations involving
any sensitive circumstances listed below, the
(a) Require the purchase or lease of SAC shall submit an application to FBIHQ
property, equipment, buildings, or facilities; in accordance with paragraph F below. The
the alteration of buildings or facilities; a application shall be reviewed by appropriate
contract for construction or alteration of supervisory personnel at FBIHQ and, if
buildings or facilities; or prepayment of favorably recommended, sent to the
more than one month’s rent; Undercover Review Committee for
consideration. The application shall then be
NOTE: The purchase, rental, or lease of forwarded to the Director or a designated
property using an assumed name or cover Assistant Director, who may approve or
identity to facilitate a physical or technical disapprove the application.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(e) Establishing, acquiring, or operating a
For purposes of these Guidelines, proprietary;
sensitive circumstances are involved if there
is a reasonable expectation that the (f) Providing goods or services which are
undercover operation will involve – essential to the commission of a crime,
which goods and services are reasonably
(a) an investigation of possible criminal unavailable to a subject of the investigation
conduct by any elected or appointed official, except from the Government;
or political candidate, for a judicial,
legislative, management, or executive-level (g) Activity by an undercover employee
position of trust in a Federal, state, or local that is proscribed by Federal, state, or local
governmental entity or political subdivision law as a felony or that is otherwise a serious
thereof; crime – but not including the purchase of
stolen or contraband goods; the delivery or
(b) an investigation of any public official sale by the Government of
at the Federal, state, or local level in any
matter involving systemic corruption of any [Page 7]
governmental function;
stolen property whose ownership cannot
(c) an investigation of possible criminal be determined; the controlled delivery of
conduct by any foreign official or drugs which will not enter commerce; the
government, religious organization, political conduct of no more than five money
organization, or the news media; laundering transactions, not to exceed a
maximum aggregate amount of $1 million;
NOTE: There are some circumstances the payment of bribes which are not
involving officials in judicial, legislative, included in the other sensitive
management, or executive-level positions circumstances; or the making of false
which may logically be considered representations to third parties in
nonsensitive. In such instances, the Section concealment of personal identity or the true
Chief, Integrity in Government/Civil Rights ownership of a proprietary (this exemption
Section, Criminal Investigative Division, does not include any statement under oath or
FBIHQ, who is a member of the Criminal the penalties of perjury – see paragraph H
Undercover Operations Review Committee below);
and has a national perspective on matters
involving public officials, must be consulted NOTE: Some of the above activities –
for a determination as to whether the for example, the controlled delivery of
undercover operation should be presented to drugs, bribe payments, and certain
the Undercover Review Committee. transactions that involve depositing funds
into banks or other financial institutions –
(d) Engaging in activity having a are subject to specific review and approval
significant effect on or constituting a procedures. These matters must be
significant intrusion into the legitimate coordinated with FBIHQ.
operation of a Federal, state, or local
governmental entity; (h) A significant risk that a person
participating in an undercover operation will
be arrested or will supply falsely sworn
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testimony or false documentation in any any third person without that individual’s
legal or administrative proceeding (see knowledge or consent.
paragraph H below);
D. CRIMINAL UNDERCOVER
(i) Attendance at a meeting or OPERATIONS REVIEW COMMITTEE
participation in communications between (UNDERCOVER REVIEW COMMITTEE)
any individual and his or her lawyer;
(1) The Undercover Review Committee
(j) A significant risk that a third party shall consist of appropriate employees of the
will enter into a professional or confidential FBI designated by the Director and Criminal
relationship with a person participating in an Division attorneys designated by the
undercover operation who is acting as an Assistant Attorney General in charge of the
attorney, physician, clergyman, or member Criminal Division, DOJ, to be chaired by a
of the news media; designee of the Director.
(k) A request to an attorney, physician, (2) When an application from a SAC for
member of the clergy, or other person for approval of an undercover operation
information that would ordinarily be involving sensitive circumstances specified
privileged or to a member of the news media in paragraph C(2) is received by FBIHQ,
concerning an individual with whom the upon recommendation by the FBIHQ
news person is known to have a professional substantive section, the Committee members
or confidential relationship; will meet to review the application. Criminal
Division members of the Committee may
(l) Participation in the activities of a consult with appropriate FBI personnel,
group under investigation as part of a senior DOJ officials, and the United States
terrorism enterprise investigation or Attorney as deemed appropriate. The
recruiting a person from within such a group Committee shall submit the application to
as an informant; the Director or designated Assistant Director
with a recommendation for approval or
(m) A significant risk of violence or disapproval of the request and any
physical injury to individuals or a significant recommended changes or amendments to
risk of financial loss; the proposal.
(n) Activities which create a realistic (3) In addition to the considerations

potential for significant claims against the contained in Section IV.A above, the
United States arising in tort, contract, or for Committee shall also examine the
compensation for the “taking” of property, application to determine whether adequate
or a realistic potential for significant claims measures have been taken to minimize the
against individual government employees incidence of sensitive circumstances and
alleging constitutional torts; or reduce the risks of harm and intrusion that
are created by such circumstances. If the
[Page 8] Committee recommends approval of an
undercover operation, the recommendation
(o) Untrue representations by a person shall include a brief written statement
participating in the undercover operation explaining why the operation merits
concerning the activities or involvement of
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approval in light of the anticipated policy, submit an undercover operation for
occurrence of sensitive circumstances. review by FBIHQ and the Undercover
Review Committee, regardless of whether
(4) The Committee shall recommend the sensitive circumstances listed in these
approval of an undercover operation only Guidelines are present.
upon reaching a consensus, provided that:
(a) If one or more of the designees of the (7) The United States Attorney, SAC or
Assistant Attorney General in charge of the any member of their staffs, may attend the
Criminal Division does not join in a Undercover Review Committee in order to
recommendation for approval of a proposed advocate for the approval of an undercover
operation because of legal, ethical, operation.
prosecutive, or departmental policy
considerations, the designee shall promptly (8) If the SAC and the United States
advise the Assistant Attorney General and Attorney jointly disagree with any
no further action shall be taken on the stipulation set by the Undercover Review
proposal until the designated Assistant Committee regarding the approval of an
Director has had an opportunity to consult undercover operation, they may consult with
with the Assistant Attorney General; and the chairman of the Committee who may
schedule a meeting of the committee to
(b) If, upon consultation, the Assistant reconsider the issue in question.
Attorney General disagrees with a decision
by the designated Assistant Director to (9) At any time during the undercover
approve the proposed operation, no further operation the SAC can appeal any FBIHQ
action shall be taken on the proposal without decision directly to the Assistant Director.
the approval of the Deputy Attorney General Likewise, the United States Attorney can
or the Attorney General. appeal directly to the Assistant Attorney
General, Criminal Division, or the Deputy
[Page 9] Attorney General as appropriate.
(5) The Committee should consult the E. APPROVAL BY THE DIRECTOR,

Office of the General Counsel of the FBI DEPUTY DIRECTOR, DESIGNATED
and the Office of Legal Counsel or other EXECUTIVE ASSISTANT DIRECTOR,
appropriate division or office at DOJ about OR DESIGNATED ASSISTANT
significant unsettled legal questions DIRECTOR
concerning authority for, or the conduct of, a
proposed undercover operation. A designated Assistant Director may
approve an undercover operation considered
(6) The Director, Assistant Attorney by the Undercover Review Committee,
General, or other official designated by them unless the investigation involves sensitive
may refer any sensitive investigative matter, circumstance (1) or (m). Except in the
including informant, cooperating witness, limited circumstances described in
and cooperating subject operations, to the paragraph I below, only the Director, the
Undercover Review Committee for advice, Deputy Director, or a designated Executive
recommendation or comment, regardless of Assistant Director may approve a proposed
whether an undercover operation is operation if a reasonable expectation exists
involved. A SAC may, consistent with FBI that:
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(2) Applications for approval of
(1) The undercover operation will be undercover operations involving sensitive
used to participate in the activities of a circumstances listed in paragraph C(2) shall
group under investigation as part of a also include the following information:
terrorism enterprise investigation or to
recruit a person from within such a group as (a) A statement of which circumstances
an informant (sensitive circumstance (l)); or are reasonably expected to occur, what the
facts are likely to be, and why the
(2) There may be a significant risk of undercover operation merits approval in
violence or personal injury to individuals or light of the circumstances, including:
a significant risk of financial loss (sensitive
circumstance (m)). (i) For undercover operations involving
sensitive circumstance (g), a statement why
[Page 10] the participation in otherwise illegal activity
is justified under the requirements of
F. APPLICATION/NOTIFICATION paragraph H below; and
TO FBIHQ
(ii) For undercover operations involving
(1) Application to FBIHQ must be made sensitive circumstance (l), a statement why
for any undercover operation requiring the infiltration or recruitment is necessary, a
FBIHQ approval. Each application shall description of procedures to minimize any
include: acquisition, retention, and dissemination of
information that does not relate to the matter
(a) The written SAC approval described under investigation or to other authorized
in paragraph B(1) above; investigative activity, and an explanation of
how any potential constitutional concerns
(b) A description of the proposed and any other legal concerns have been
operation and the particular cover to be addressed.
employed; any informants or other
cooperating persons who will assist in the (b) A letter from the appropriate Federal
operation, including background prosecutor indicating that he or she has
information, arrest record, and plea reviewed the proposed operation, including
agreements; the particular offense or the sensitive circumstances reasonably
criminal enterprise under investigation; and expected to occur, agrees with the proposal
any individuals known to be involved; and its legality, and will prosecute any
meritorious case that has developed. The
(c) A statement of the period of time for letter should include a
which the operation would be maintained;
[Page 11]
(d) A description of how the
requirements concerning any inducements to finding that the proposed investigation
be offered as discussed in Section V.B. would be an appropriate use of the
below have been met; and undercover technique and that the potential
benefits in detecting, preventing, or
(e) A statement of proposed expenses. prosecuting criminal activity outweigh any
direct costs or risks of other harm.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(3) An application for the extension or (4) An undercover operation initially

renewal of an undercover operation should authorized by the SAC must be reauthorized
describe the results obtained from the by a designated Assistant Director, pursuant
operation or explain any failure to obtain to Section IV.C-F, if it lasts longer than 12
significant results and, where sensitive months or involves the expenditure of more
circumstances are involved, should include a than $50,000 ($100,000 in drug cases of
letter from the appropriate Federal which a maximum of $50,000 is for
prosecutor favoring the extension or renewal operational expenses), or such other amount
of authority. that is set from time to time by the Director.
No undercover operation approved at the
(4) The FBI shall immediately notify the field office level may continue for more than
Deputy Attorney General whenever FBIHQ one year without obtaining approval at
disapproves an application for approval of FBIHQ.
an undercover operation and whenever the
Undercover Review Committee is unable to (5) An undercover operation approved by
reach consensus concerning an application. an SAC is deemed to commence on the date
approved, not on the date covert activity is
G. DURATION OF AUTHORIZATION begun.
(1) An undercover operation approved by (6) Among the factors to be considered

FBIHQ may not continue longer than is in a determination by any approving official
necessary to achieve the objectives specified of whether an undercover operation should
in the authorization, nor in any event longer be renewed or extended are:
than six months, without new authorization
to proceed, except pursuant to subparagraph [Page 12]
(3) below.
(a) The extent to which the operation has
(2) If there is significant change in either produced the results anticipated when it was
the direction or objectives of an undercover established;
operation approved by FBIHQ, the operation
must be reviewed by the Undercover (b) The potential for future success
Review Committee to determine whether a beyond that initially targeted;
new authorization is necessary.
(c) The extent to which the investigation
(3) An undercover operation which can continue without exposing the
requires review by the Undercover Review undercover operation; and
Committee may be initiated or extended on
an interim basis by the designated Assistant (d) The extent to which continuation of
Director in the event of exigent the investigation may cause injury, financial
circumstances, for a period not to exceed 30 or otherwise, to innocent parties.
days. In the case of an initial authorization,
budget enhancement, or change in focus, the H. PARTICIPATION IN OTHERWISE
interim authority must be ratified by the ILLEGAL ACTIVITY BY UNDERCOVER
Undercover Review Committee at its next EMPLOYEES
scheduled meeting.
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Except when authorized pursuant to
these Guidelines, no undercover employee [Page 13]
shall engage in any activity that would
constitute a violation of Federal, state, or (4) Self-Defense: Nothing in these
local law if engaged in by a private person Guidelines prohibits an undercover
acting without authorization. For purposes employee from taking reasonable measures
of these Guidelines, such activity is referred of self-defense in an emergency to protect
to as otherwise illegal activity. his or her own life or the lives of others
against wrongful force. Such measures shall
(1) Justification: No official shall be reported to the appropriate Federal
recommend or approve participation by an prosecutor and FBIHQ, who shall inform the
undercover employee in otherwise illegal Assistant Attorney General for the Criminal
activity unless the participation is justified: Division as soon as possible.
(a) to obtain information or evidence (5) Authorization:

necessary for the success of the investigation
and not reasonably available without (a) The SAC must approve all
participation in the otherwise illegal activity; undercover operations and activities,
including those which contemplate
(b) to establish or maintain credibility of participation in otherwise illegal activity.
a cover identity; or This approval shall constitute authorization
of:
(c) to prevent death or serious bodily
injury. (i) otherwise illegal activity which is a
misdemeanor or similar minor crime under
(2) Minimization: The FBI shall take Federal, state, or local law;
reasonable steps to minimize the
participation of an undercover employee in (ii) consensual monitoring, even if a
any otherwise illegal activity. crime under local law;
(3) Prohibitions: An undercover (iii) the purchase of stolen or contraband

employee shall not: goods;
(a) participate in any act of violence (iv) the delivery or sale of stolen
except in self-defense; property which cannot be traced to the
rightful owner;
(b) initiate or instigate any plan to
commit criminal acts except in accordance (v) the controlled delivery of drugs
with Section V (concerning avoidance of which will not enter commerce;
entrapment) below; or
(vi) the payment of bribes which is not
(c) participate in conduct which would included in the sensitive circumstances;
constitute unlawful investigative techniques
(e.g., illegal wiretapping, illegal mail (vii) the making of false representations
openings, breaking and entering, or trespass to third parties in concealment of personal
amounting to an illegal search). identity or the true ownership of a
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proprietary (but not any statement under so long as he does not take part in and
oath or the penalties of perjury, which must makes every effort to prevent any act of
be authorized pursuant to subparagraph (b) violence. A report to the SAC shall be made
below); and as soon as possible, who shall submit a
written report to FBIHQ, which shall
(viii) conducting no more than five promptly inform the Undercover Review
money laundering transactions, not to Committee. A decision by an undercover
exceed a maximum aggregate amount of $1 employee to participate in otherwise illegal
million. activity under this subsection may be
retroactively authorized if appropriate.
(b) Participation in otherwise illegal
activity which is a felony or its equivalent (e) If an undercover operation results in
under Federal, state, or local law and which violence in the course of criminal activity,
is not otherwise excepted under Section and an undercover employee, informant, or
IV.C(2)(g) above, requires additional cooperating witness has participated in any
authorization by the Assistant Director after manner in the criminal activity, the SAC
review by the Undercover Review shall immediately inform the appropriate
Committee. See Section IV.E. Federal prosecutor and FBIHQ, which shall
inform the Assistant Attorney General in
(c) Participation in otherwise illegal charge of the Criminal Division as soon as
activity which involves a significant risk of possible.
violence or physical injury requires
authorization by the Director, Deputy I. INTERIM/EMERGENCY
Director, or designated Executive Assistant AUTHORIZATION
Director after review by the Undercover
Review Committee. See Section IV.E. (1) In situations which require the prior
written authorization of the SAC, the SAC
[Page 14] may orally approve an undercover operation
when he or she determines that a significant
(d) If an undercover employee believes investigative opportunity would be lost were
it to be necessary and appropriate under the the time taken to prepare a written
standards set out in paragraph H(1) above, to authorization. The required written
participate in otherwise illegal activity that authorization, with the justification for the
was not foreseen or anticipated, every effort oral approval included, shall be prepared
should be made to consult with the SAC, promptly and forwarded to FBIHQ.
who shall seek emergency interim authority
from the designated Assistant Director, and (2) Emergency interim authorization
review by the Undercover Review procedures are in place within FBIHQ that
Committee if possible, or, if necessary, may provide for expeditious review and
provide emergency authorization under authorization of a proposed undercover
paragraph I below. If consultation is operation. See paragraph G(3). If the SAC
impossible, and the undercover employee concludes that a situation exists which
concludes that there is an immediate and makes even this expedited procedure too
grave threat to life, physical safety, or lengthy, in any of the following situations,
property, the undercover employee may the SAC may authorize the undercover
participate in the otherwise illegal activity, operation:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
soon as it is notified of an emergency
(a) In situations which would otherwise authorization, FBIHQ shall notify the DOJ
require approval by the designated Assistant members of the Undercover Review
Director, the SAC may approve an Committee. If the subsequent written
undercover operation when he or she application for approval is denied, a full
determines that without immediate report of all activity undertaken during the
initiation, extension, or renewal of an course of the operation must be submitted to
operation, life, property, or personal safety the Director, who shall inform the Deputy
of individuals would be placed in serious Attorney General.
danger.
(5) In online undercover operations, a
[Page 15] SAC or his or her designee may authorize,
in writing, continued online undercover
(b) In situations which involve sensitive contact for a period not to exceed 30 days if
circumstance (l) or (m), the SAC may it is essential to continue online contact with
approve an undercover operation when he or a subject in order to either maintain
she determines that the initiation, extension, credibility or avoid permanent loss of
or renewal of an operation is imperative to contact with a subject during the period of
protect life or prevent serious injury. time in which an application for an online
undercover operation is being prepared and
(c) In situations which involve sensitive submitted for approval. If the proposed
circumstance (l), or other investigative undercover operation is one that must be
activity relating to terrorism, the SAC may approved by an Assistant Director under
approve an undercover operation when he or Section IV.C(2), the appropriate offices at
she determines that the initiation, extension, FBIHQ must be notified promptly of the
or renewal of an operation is necessary to decision to grant this interim authority.
avoid the loss of a significant investigative Furthermore, a full report of all online
opportunity. activity occurring during this period must be
submitted to the approving authority as soon
Before providing authorization in these as practicable. If approved, the undercover
situations, the SAC shall attempt to consult employee maintaining online contact during
with the appropriate Federal prosecutor and this period must:
with a designated Assistant Director.
(a) Maintain an accurate recording of all
(3) The power to provide emergency online communication;
authorizations under subparagraph (2) may
not be delegated pursuant to Section (b) Avoid otherwise illegal activity;
IV.B(3).
(c) Maintain as limited an online profile
(4) In situations arising under as possible consistent with the need to
subparagraph (2), a written application for accomplish the objectives stated above;
approval must be submitted to FBIHQ
within 48 hours after the operation has been [Page 16]
initiated, extended, or renewed, together
with the initial finding and a written (d) Avoid physical contact with subjects;
description of the emergency situation. As
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(e) Take all necessary and reasonable
actions during the interim period to protect (3) There is a reasonable expectation that
potential victims and prevent serious offering the inducement will reveal illegal
criminal activity if online contact reveals a activity; and
significant and imminent threat to third party
individuals, commercial establishments, or (4) One of the two following limitations
government entities; and is met:
(f) Cease undercover activities if, during (i) There is reasonable indication that the
the 30-day period, a determination is made subject is engaging, has engaged, or is likely
to disapprove the undercover operation. to engage in the illegal activity proposed or
in similar illegal conduct; or
V. PROTECTING INNOCENT
PARTIES AGAINST ENTRAPMENT (ii) The opportunity for illegal activity
has been structured so that there is reason to
A. ENTRAPMENT believe that any persons drawn to the
opportunity, or brought to it, are predisposed
Entrapment must be scrupulously to engage in the contemplated illegal
avoided. Entrapment occurs when the conduct.
Government implants in the mind of a
person who is not otherwise disposed to [Page 17]
commit the offense the disposition to
commit the offense and then induces the C. EXCEPTION
commission of that offense in order to
prosecute. The alternative requirements of
paragraph B(4), while not required by law,
B. AUTHORIZATION are imposed to ensure the Government does
REQUIREMENTS not offer inducements to crime to persons
who are not predisposed to do so. These
In addition to the legal prohibition on standards can be waived only by the
entrapment, additional restrictions limit FBI Director upon a written finding that the
undercover activity to ensure, insofar as it is activities are necessary to protect life or
possible, that entrapment issues do not prevent other serious harm.
adversely affect criminal prosecutions. As a
result, no undercover activity involving an VI. MONITORING AND CONTROL
inducement to an individual to engage in OF UNDERCOVER OPERATIONS
crime shall be authorized unless the
approving official is satisfied that – A. PREPARATION OF
UNDERCOVER EMPLOYEES,
(1) The illegal nature of the activity is INFORMANTS, AND COOPERATING
reasonably clear to potential subjects; and WITNESSES
(2) The nature of any inducement offered (1) Prior to the investigation, the SAC or
is justifiable in view of the character of the a designated Supervisory Special Agent
illegal transaction in which the individual is shall review with each undercover employee
invited to engage; and the conduct that the undercover employee is
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
expected to undertake and conduct that may
be necessary during the investigation. The C. CONTINUING CONSULTATION
SAC or Agent shall discuss with each WITH THE APPROPRIATE FEDERAL
undercover employee any of the sensitive or PROSECUTOR
fiscal circumstances specified in Section
IV.C(1) or (2) that are reasonably likely to Upon initiating and throughout the
occur. course of any undercover operation, the
SAC or a designated Supervisory Special
(2) Each undercover employee shall be Agent shall consult on a continuing basis
instructed that he or she shall not participate with the appropriate
in any act of violence; initiate or instigate
any plan to commit criminal acts; use [Page 18]
unlawful investigative techniques to obtain
information or evidence; or engage in any Federal prosecutor, particularly with
conduct that would violate restrictions on respect to the propriety of the operation and
investigative techniques or FBI conduct the legal sufficiency and quality of evidence
contained in the Attorney General’s that is being produced by the activity.
Guidelines or departmental policy; and that,
except in an emergency situation as set out D. SERIOUS LEGAL, ETHICAL,
in Section IV.H(5)(d), he or she shall not PROSECUTIVE OR DEPARTMENTAL
participate in any illegal activity for which POLICY QUESTIONS, AND
authorization has not been obtained under PREVIOUSLY UNFORESEEN
these Guidelines. The undercover employee SENSITIVE CIRCUMSTANCES
shall be instructed in the law of entrapment.
When an undercover employee learns that (1) The SAC shall consult with the
persons under investigation intend to chairman of the Criminal Undercover
commit a violent crime, he or she shall try to Operations Review Committee, FBIHQ
discourage the violence. whenever a serious legal, ethical,
prosecutive, or departmental policy question
B. REVIEW OF CONDUCT arises in any undercover operation or if
sensitive circumstances occur that were not
From time to time, during the course of anticipated. The FBI shall consult with the
the undercover operation, the SAC shall United States Attorney, or Assistant
review the conduct of the undercover Attorney General, or their representative,
employee(s) and others participating in the and with DOJ members of the Undercover
undercover operation, including any Review Committee on whether to modify,
proposed or reasonably foreseeable conduct suspend, or terminate the investigation
for the remainder of the investigation. Any related to such issues.
findings of impermissible conduct shall be
discussed with the individual and promptly (2) When unforeseen sensitive
reported to the designated Assistant Director circumstances arise, the SAC shall submit a
and the members of the Undercover Review written application to FBIHQ for
Committee, and a determination shall be authorization of an undercover operation
made as to whether the individual should previously approved at the field office level,
continue his or her participation in the or amend the existing application to FBIHQ
investigation. pursuant to Section IV.F.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Treasury of the United States as
E. ANNUAL REPORT OF THE miscellaneous receipts.
UNDERCOVER REVIEW COMMITTEE
Whenever a proprietary with a net value
(1) The Undercover Review Committee over the amount specified by the
shall retain a file of all applications for Department of Justice Appropriation
approval of undercover operations submitted Authorization Act or other applicable laws is
to it, together with a written record of the to be liquidated, sold, or otherwise disposed
Committee’s action on the application and of, the FBI shall report the circumstances to
any ultimate disposition by the approving the Attorney General and the Comptroller
official. The FBI shall also prepare a short General. The proceeds of the liquidation,
summary of each undercover operation sale, or the disposition, after obligations are
recommended for approval by the met, shall be deposited in the Treasury of
Committee. These records and summaries the United States as miscellaneous receipts.
shall be available for inspection by a
designee of the Deputy Attorney General VII. RESERVATION
and of the Assistant Attorney General in
charge of the Criminal Division. These Guidelines are set forth solely for
the purpose of internal DOJ guidance. They
(2) On an annual basis, the Committee are not intended to, do not, and may not be
shall submit to the Director, the Attorney relied upon to create any rights, substantive
General, the Deputy Attorney General, and or procedural, enforceable by law by any
the Assistant Attorney General in charge of party in any matter, civil or criminal, nor do
the Criminal Division a written report they place any limitations on otherwise
summarizing: lawful investigative or litigative prerogatives
of the Department of Justice.
(a) the types of undercover operations
approved and disapproved together with the Date: May 30, 2002
reasons for disapproval;
John Ashcroft Attorney General
(b) the major issues addressed by the
Committee in reviewing applications and
how they were resolved; and (c) any
significant modifications to the operations 8.F.9c “The Attorney General’s
recommended by the Committee. Guidelines Regarding the Use
of Confidential Informants”.
[Page 19] 30 May 2002:
F. DEPOSIT OF PROCEEDS; http://www.usdoj.gov/olp/dojguidelines.pdf

LIQUIDATION OF PROPRIETARIES
As soon as the proceeds from any

undercover operation are no longer THE ATTORNEY GENERAL’S
necessary for the conduct of the activity, the GUIDELINES REGARDING THE
remaining proceeds shall be deposited in the USE OF CONFIDENTIAL
INFORMANTS
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Preamble 12. "Fugitive" 4
The following Guidelines regarding the 13. "Confidential Informant Review

use of confidential informants are issued Committee" or "CIRC" 5
under the authority of the Attorney General
as provided in sections 509, 510, and 533 of C. PROHIBITION ON COMMITMENTS
title 28, United States Code. They apply to OF IMMUNITY BY FEDERAL
the use of confidential informants in
criminal investigations and prosecutions by LAW ENFORCEMENT AGENCIES 5
Department of Justice law enforcement
agencies and federal prosecuting offices as D. REVEALING A CONFIDENTIAL
specified in paragraph (I)(A) below. INFORMANT’S TRUE IDENTITY. 5
[Table of Contents: i] E. DUTY OF CANDOR .5
TABLE OF CONTENTS F. MAINTAINING CONFIDENTIALITY 5
I. GENERAL PROVISIONS 1
[Table of Contents: ii]
A. PURPOSE AND SCOPE 1
B. DEFINITIONS 1 G. EXCEPTIONS AND DISPUTE

RESOLUTION.7
1. "Department of Justice Law Enforcement
Agency" or "JLEA"1 H. RIGHTS OF THIRD PARTIES 7
2. "Field Manager" 2 I. COMPLIANCE 7
3. "Senior Field Manager" 2 II. REGISTERING A CONFIDENTIAL

INFORMANT 8
4. "Federal Prosecuting Office" or "FPO". 2
A. SUITABILITY DETERMINATION 8
5. "Chief Federal Prosecutor" 2
1. Initial Suitability Determination 8
6. "Confidential Informant" or "CI" 2
2. Continuing Suitability Review 9
7. "Cooperating Defendant/Witness" 2
3. Review of Long-Term Confidential
8. "Source of Information" 3 Informants . 10
9. "High Level Confidential Informant" .3 B. REGISTRATION .11
10. "Tier 1 Otherwise Illegal Activity" 3 C. INSTRUCTIONS 11
11. "Tier 2 Otherwise Illegal Activity" 4

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D. SPECIAL APPROVAL 2. Prohibition Against Contingent Payments 18
REQUIREMENTS 13
3. Approval for a Single Payment 18
1. High Level Confidential Informants 13
4. Approval for Annual Payments 18
2. Individuals Under the Obligation of a
Legal Privilege of 5. Approval for Aggregate Payments 18
Confidentiality or Affiliated with the Media14 6. Documentation of Payment .18
3. Federal Prisoners, Probationers, Parolees, 7. Accounting and Reconciliation

Detainees, and Procedures.19
Supervised Releasees 14 8. Coordination with Prosecution 19
4. Current or Former Participants in the C. AUTHORIZATION OF OTHERWISE

Witness Security Program 15 ILLEGAL ACTIVITY. 19
5. State or Local Prisoners, Probationers, 1. General Provisions 19

Parolees, or
2. Authorization 20
Supervised Releasees 15
3. Findings 20
6. Fugitives 16
4. Instructions 21
III. RESPONSIBILITIES REGARDING
REGISTERED CONFIDENTIAL 5. Precautionary Measures 22
INFORMANTS 17 6. Suspension of Authorization 23
A. GENERAL PROVISIONS 17 7. Revocation of Authorization 23
1. No Interference With an Investigation of a 8. Renewal and Expansion of Authorization 23

Confidential Informant 17
9. Emergency Authorization 24
[Table of Contents: iii] 10. Designees 24
2. Prohibited Transactions and [Table of Contents: iv]

Relationships.17
B. MONETARY PAYMENTS 17 D. LISTING A CONFIDENTIAL

INFORMANT IN AN ELECTRONIC
1. General 17
SURVEILLANCE APPLICATION 24
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IV. SPECIAL NOTIFICATION [Page 1]

REQUIREMENTS 25
A. NOTIFICATION OF INVESTIGATION I. GENERAL PROVISIONS

OR PROSECUTION. 25
A. PURPOSE AND SCOPE
B. NOTIFICATION OF UNAUTHORIZED
ILLEGAL ACTIVITY 25 1. The purpose of these Guidelines is to
set policy regarding the use of Confidential
C. NOTIFICATION REGARDING Informants, as defined below, in criminal
CERTAIN FEDERAL JUDICIAL investigations and prosecutions by all
Department of Justice Law Enforcement
PROCEEDINGS 26 Agencies and Federal Prosecuting Offices,
as defined below.
D. PRIVILEGED OR EXCULPATORY
INFORMATION 26 2. These Guidelines do not apply to the
use of Cooperating Defendants/Witnesses or
E. RESPONDING TO REQUESTS FROM Sources of Information, as defined below,
CHIEF FEDERAL unless a Department of Justice Law
Enforcement Agency, in its discretion,
PROSECUTORS REGARDING A chooses to apply these Guidelines to such
CONFIDENTIAL persons.
INFORMANT 27 3. These Guidelines are mandatory and

supersede the Attorney General’s Guidelines
F. FILE REVIEWS 27 on the Use of Informants in Domestic
Security, Organized Crime, and Other
G. DESIGNEES 27 Criminal Investigations (December 15,
1976); the Attorney General’s Guidelines on
V. DEACTIVATION OF CONFIDENTIAL FBI Use of Informants and Confidential
INFORMANTS 27 Sources (December 2, 1980); Resolution 18
of the Office of Investigative Agency
A. GENERAL PROVISIONS 27 Policies (August 15, 1996); and any other
guidelines or policies that are inconsistent
B. DELAYED NOTIFICATION TO A with these Guidelines. These Guidelines do
CONFIDENTIAL INFORMANT 28 not supersede otherwise applicable ethical
obligations of Department of Justice
C. CONTACTS WITH FORMER attorneys, which can, in certain
CONFIDENTIAL INFORMANTS circumstances (for example, with respect to
contacts with represented persons), have an
DEACTIVATED FOR CAUSE 28 impact on law enforcement agents' conduct.
D. COORDINATION WITH 4. These Guidelines do not limit the

PROSECUTORS 28 ability of a Department of Justice Law
Enforcement Agency to impose additional
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
restrictions on the use of Confidential
Informants. b. The Criminal Division, Tax Division,
Civil Rights Division, Antitrust Division,
5. These Guidelines apply to the use of a and Environmental and Natural Resources
Confidential Informant in a foreign country Division of the Department of Justice; and
only to the extent that the Confidential
Informant is reasonably likely to be called to c. Any other litigating component of the
testify in a domestic case. Department of Justice with authority to
prosecute federal criminal offenses.
6. These Guidelines do not apply to the
use of Confidential Informants in foreign 5. "Chief Federal Prosecutor" – the head
intelligence or foreign counterintelligence of a FPO.
investigations.
6. "Confidential Informant" or "CI" – any
B. DEFINITIONS 1. "Department of individual who provides useful and credible
Justice Law Enforcement Agency" or information to a JLEA regarding felonious
"JLEA" – a. The Drug Enforcement criminal activities, and from whom the
Administration; JLEA expects or intends to obtain additional
useful and credible information regarding
b. The Federal Bureau of Investigation; such activities in the future.
c. The Immigration and Naturalization 7. "Cooperating Defendant/Witness" –

Service; any individual who:
a. meets the definition of a CI;

[Page 2]
b. has agreed to testify in a proceeding as
a result of having provided information to
d. The United States Marshals Service; the JLEA; and
and
c. (i) is a defendant or potential witness
e. The Department of Justice Office of who has a written agreement with a FPO,
the Inspector General. pursuant to which the individual has an
expectation of future judicial or prosecutive
2. "Field Manager" – a JLEA’s first-line consideration or assistance as a result of
supervisor, as defined by the JLEA having provided information to the JLEA, or
(typically, GS-14 rank or higher).
(ii) is a potential witness who has had a
3. "Senior Field Manager" – a JLEA’s FPO concur in all material aspects of his or
second-line supervisor, as defined by the her use by the JLEA.
JLEA (typically, GS-15 rank or higher).
4. "Federal Prosecuting Office" or "FPO" [Page 3]

–
[Note 1]
a. The United States Attorneys’ Offices;
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1 Bookmaking that is significantly
associated with, or substantially controlled 10. "Tier 1 Otherwise Illegal Activity" –
by, organized crime ordinarily will be within any activity that:
the scope of paragraph (I)(B)(10)(b)(i).
Thus, for example, where bookmakers have a. would constitute a misdemeanor or
a financial relationship with members or felony under federal, state, or local law if
associates of organized crime, and/or use engaged in by a person acting without
members or associates of organized crime to authorization; and
collect their debts, the conduct of those
bookmakers would create a significant risk b. that involves –
of violence, and would therefore fall within
the definition of Tier 1 Otherwise Illegal (i) the commission, or the significant risk
Activity. of the commission, of any act of violence by
a person or persons other than the
[End of Note 1] Confidential Informant; [note 1]
8. "Source of Information" – any (ii) corrupt conduct, or the significant

individual who: risk of corrupt conduct, by senior federal,
state, or local public officials;
a. meets the definition of a CI;
b. provides information to a JLEA solely [Page 4]

as a result of legitimate routine access to
information or records, such as an employee [Note 2]
of the military, a law enforcement agency,
or a legitimate business (e.g., phone 2 The citations to the United States
company, banks, airlines), and not as a result Sentencing Guidelines (USSG) Manual are
of criminal association with persons of to the 2001 Edition. The references herein to
investigative interest to the JLEA; and particular USSG Sections are intended to
remain applicable to the most closely
c. provides such information in a manner corresponding USSG level in subsequent
consistent with applicable law. editions of the USSG Manual in the event
that the cited USSG provisions are amended.
9. "High Level Confidential Informant" – Thus, it is intended that subsection (iii) of
a CI who is part of the senior leadership of this paragraph will remain applicable to the
an enterprise that highest offense level in the Drug Quantity
Table in future editions of the USSG
a. has: (i) a national or international Manual, and that subsection (iv) of the
sphere of activities, or (ii) high significance paragraph will remain applicable to dollar
to the JLEA’s national objectives, even if amounts that, in future editions of the USSG
the enterprise’s sphere of activities is local Manual, trigger sentencing enhancements
or regional; and similar to that set forth in the current section
2B1.1(b)(1)(I). Any ambiguities in this
b. engages in, or uses others to commit, regard should be resolved by the Assistant
any of the conduct described below in Attorney General for the Criminal Division.
paragraph (I)(B)(10)(b)(i)-(iv).
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
[End of Note 2] [Page 5]
(iii) the manufacturing, importing,

exporting, possession, or trafficking of c. whom the law enforcement agency
controlled substances in a quantity equal to that has placed the wanted record in the
or exceeding those quantities specified in NCIC is willing to take into custody upon
United States Sentencing Guidelines § his or her arrest and, if necessary, seek his or
2D1.1(c)(1); her extradition to its jurisdiction.
(iv) financial loss, or the significant risk 13. "Confidential Informant Review
of financial loss, in an amount equal to or Committee" or "CIRC" – a committee,
exceeding those amounts specified in United created by a JLEA for purposes of reviewing
States Sentencing Guidelines § certain decisions relating to the registration
2B1.1(b)(1)(I); [Note 2] and utilization of CIs, the chair of which is a
JLEA official at or above the level of
(v) a Confidential Informant providing to Deputy Assistant Director (or its equivalent)
any person (other than a JLEA agent) any and the membership of which includes the
item, service, or expertise that is necessary following two representatives designated by
for the commission of a federal, state, or the Assistant Attorney General for the
local offense, which the person otherwise Criminal Division of the Department of
would have difficulty obtaining; or Justice (each of whom shall be considered a
"Criminal Division representative"): (i) a
(vi) a Confidential Informant providing Deputy Assistant Attorney General for the
to any person (other than a JLEA agent) any Criminal Division; and (ii) an Assistant
quantity of a controlled substance, with little United States Attorney.
or no expectation of its recovery by the
JLEA. C. PROHIBITION ON
COMMITMENTS OF IMMUNITY BY
11. "Tier 2 Otherwise Illegal Activity" – FEDERAL LAW ENFORCEMENT
any other activity that would constitute a AGENCIES
misdemeanor or felony under federal, state,
or local law if engaged in by a person acting A JLEA agent does not have any
without authorization. authority to make any promise or
commitment that would prevent the
12. "Fugitive" – an individual: government from prosecuting an individual
for criminal activity that is not authorized
a. for whom a federal, state, or local law pursuant to paragraph (III)(C) below, or that
enforcement agency has placed a wanted would limit the use of any evidence by the
record in the NCIC (other than for a traffic government, without the prior written
or petty offense); approval of the FPO that has primary
jurisdiction to prosecute the CI for such
b. who is located either within the United criminal activity. A JLEA agent must take
States or in a country with which the United the utmost care to avoid giving any person
States has an extradition treaty; and the erroneous impression that he or she has
any such authority.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
D. REVEALING A CONFIDENTIAL revealing a CI’s true identity, the Chief
INFORMANT’S TRUE IDENTITY Federal Prosecutor or his or her designee
shall maintain the materials in accordance
Except in the case of approvals and with the provisions of paragraph I(F)(2)(a)-
reviews described below in paragraphs (d), above.
(II)(A)(3) (review of long-term CIs),
(III)(B)(8) (coordination concerning [End of Note 3]
payments to CIs), (IV)(D)(1) (notification
that CI has obtained privileged information), surveillance, search warrants, or the
and (V)(D) (coordination concerning identity of other actual or potential
deactivation of CI, but only with respect to a informants), other than what is necessary
CI whose identity was not previously and appropriate for operational reasons.
disclosed), whenever a JLEA is required to
make contact of any kind with a FPO 2. The Chief Federal Prosecutor and his
pursuant to these Guidelines regarding a CI, or her designee are required to maintain as
the JLEA may not withhold the true identity confidential the identity of any CI and the
of the CI from the FPO. information the CI has provided, unless
obligated to disclose it by law or Court
E. DUTY OF CANDOR order. If a JLEA provides the Chief Federal
Prosecutor or his or her designee with
Employees of the entities to which these written material containing such
Guidelines apply have a duty of candor in information:
the discharge of their responsibilities
pursuant to these Guidelines. a. Such individual is obligated to keep it
confidential by placing it into a locked file
F. MAINTAINING cabinet when not in his or her direct care
CONFIDENTIALITY and custody;
1. A JLEA agent must take the utmost b. Access to the information shall be
care to avoid conveying any confidential restricted to the Chief Federal Prosecutor or
investigative information to a CI (e.g., his or her designee and personnel deemed
information relating to electronic necessary to carry out the official duties
related to the case;
[Page 6] c. The Chief Federal Prosecutor or his or

her designee is responsible for assuring that
each person permitted access to the
[Note 3] information is made aware of the need to
preserve the security and confidentiality of
This requirement shall not prevent the the information, as provided in this policy;
Chief Federal Prosecutor or his or her
designee from keeping in the relevant case d. Prior to disclosure of the information
file materials such as motions, responses, to defense counsel or in open Court, the
legal memoranda, Court orders, and internal Chief Federal Prosecutor or his or her
office memoranda and correspondence. If designee must give the JLEA an opportunity
any such materials contain information to discuss such disclosure and must comply
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
with any other applicable provision of 28 3. Any exception granted or dispute
C.F.R. §§ 16.21-16.29; and resolved pursuant to this paragraph shall be
documented in the JLEA’s files.
e. At the conclusion of a case or
investigation, all written materials H. RIGHTS OF THIRD PARTIES
containing the information that have not
been disclosed shall be forwarded to the Nothing in these Guidelines is intended
JLEA that provided them. [Note 3] to create or does create an enforceable legal
right or private right of action by a CI or any
3. Employees of a JLEA and employees other person.
of a FPO have a continuing obligation after
leaving employment with the Department of I. COMPLIANCE
Justice and its constituent components to
maintain as confidential the identity of any 1. Within 120 days of the approval of
CI and the information he or she provided, these Guidelines by the Attorney General,
unless the employee is obligated to disclose each JLEA shall develop agency-specific
it by law or Court order. See 28 C.F.R. §§ guidelines that comply with these
16.21 - 16.29. Guidelines, and submit such agency-specific
guidelines to the AAG for the Criminal
Division for review. The agency-specific
[Page 7] guidelines must ensure, at a minimum, that
the JLEA’s agents receive sufficient initial
and in-service training in the use of CIs
G. EXCEPTIONS AND DISPUTE consistent with these Guidelines, and that
RESOLUTION 1. Whenever any of the compliance with these Guidelines is
entities to which these Guidelines apply considered in the annual performance
believes that an exception to any provision appraisal of its agents. As part of such
of these Guidelines is justified, or whenever compliance the JLEA shall designate a
there is a dispute between or among any senior official to oversee all aspects of its CI
such entities (other than a dispute with the program, including the training of agents;
Criminal Division of the Department of registration, review and termination of CIs;
Justice) regarding these Guidelines, an and notifications to outside entities.
exception must be sought from, or the
dispute shall be resolved by, the Assistant 2. Within 30 days of the approval of
Attorney General (AAG) for the Criminal these Guidelines, each JLEA shall establish
Division or his or her designee. The Deputy a Confidential Informant Review Committee
Attorney General or his or her designee shall (CIRC) for the purpose of conducting the
hear appeals, if any, from decisions of the review procedures specified in paragraphs
AAG. (II)(A)(3), (II)(D)(1), and (II)(D)(2).
2. Whenever there is a dispute between 8 II. REGISTERING A

the Criminal Division and any of the other CONFIDENTIAL INFORMANT
entities to which these Guidelines apply,
such dispute shall be resolved by the Deputy A. SUITABILITY DETERMINATION
Attorney General or his or her designee.
1. Initial Suitability Determination
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Prior to utilizing a person as a CI, a case g. the person's motivation in providing

agent of a JLEA shall complete and sign a information or assistance, including any
written Initial Suitability Report and consideration sought from the government
Recommendation, which shall be forwarded for this assistance;
to a Field Manager for his or her written
approval. In completing the Initial h. the risk that the person might
Suitability Report and Recommendation, the adversely affect a present or potential
case agent must address the following investigation or prosecution;
factors (or indicate that a particular factor is
not applicable):
[Page 9]
a. the person's age;
i. the extent to which the person’s
b. the person's alien status; information or assistance can be
corroborated;
c. whether the person is a public official,
law enforcement officer, union official, j. the person's reliability and truthfulness;
employee of a financial institution or school,
member of the military services, a k. the person’s prior record as a witness
representative or affiliate of the media, or a in any proceeding;
party to, or in a position to be a party to,
privileged communications (e.g., a member l. whether the person has a criminal
of the clergy, a physician, or a lawyer); history, is reasonably believed to be the
subject or target of a pending criminal
d. the extent to which the person would investigation, is under arrest, or has been
make use of his or her affiliations with charged in a pending prosecution;
legitimate organizations in order to provide
information or assistance to the JLEA, and m. whether the person is reasonably
the ability of the JLEA to ensure that the believed to pose a danger to the public or
person’s information or assistance is limited other criminal threat, or is reasonably
to criminal matters; believed to pose a risk of flight;
e. the extent to which the person's n. whether the person is a substance

information or assistance would be relevant abuser or has a history of substance abuse;
to a present or potential investigation or
prosecution and the importance of such o. whether the person is a relative of an
investigation or prosecution; employee of any law enforcement agency;
f. the nature of any relationship between p. the risk of physical harm that may
the CI and the subject or target of an occur to the person or his or her immediate
existing or potential investigation or family or close associates as a result of
prosecution, including but not limited to a providing information or assistance to the
current or former spousal relationship or JLEA; and
other family tie, and any current or former
employment or financial relationship;
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
q. the record of the JLEA and the record date of these Guidelines must be reviewed
of any other law enforcement agency (if pursuant to this provision.
available to the JLEA) regarding the
person’s prior or current service as a CI, [End of Note 4]
Cooperating Defendant/Witness, or Source
of Information, including, but not limited to, b. Each JLEA shall establish systems to
any information regarding whether the ensure that all available information that
person was at any time terminated for cause. might materially alter a prior suitability
determination, including, but not limited to,
2. Continuing Suitability Review information pertaining to unauthorized
illegal activity by the CI, is promptly
a. Each CI's file shall be reviewed by the reported to a Field Manager and then
case agent at least annually. The case agent recorded and maintained in the CI's file. See
shall complete and sign a written Continuing (IV)(B)(2) below. Upon receipt of any such
Suitability Report and Recommendation, information, the Field Manager shall ensure
which shall be forwarded to a Field Manager that a new Continuing Suitability Report and
for his or her written approval. In Recommendation is promptly prepared in
completing the Continuing Suitability light of such new information.
Report and Recommendation, the case agent
must address the factors set forth above in 3. Review of Long-Term Confidential
paragraph (II)(A)(1) (or indicate that a Informants [Note 4]
particular factor is not applicable) and, in
addition, the length of time that the a. When a CI has been registered for
individual has been registered as a CI and more than six consecutive years, and, to the
the length of time that the individual has extent such a CI remains open, every six
been handled by the same agent or agents. years thereafter, the CIRC shall review the
CI's completed Initial and Continuing
Suitability Reports and Recommendations
[Page 10] and decide whether, and under what
conditions, the individual should continue to
[Note 4] be utilized as a CI. A Criminal Division
representative on the CIRC who disagrees
This provision did not apply until one with the decision to approve the continued
year after these Guidelines’ original use of such an individual as a Confidential
effective date of January 8, 2001, when the Informant may seek review of that decision
first set of Continuing Suitability Reports pursuant to paragraph (I)(G).
and Recommendations was completed.
Further, during the first three years that this b. Every three years after a CI's file is
provision is in effect, each CIRC may reviewed pursuant to the provisions of
stagger the review of some long-term CIs in paragraph (II)(A)(3)(a), if the CI remains
order to even out the number of files that registered, the JLEA shall conduct an
must initially be reviewed. However, no internal review, including review by a
later than four years after the original designated senior headquarters official, of
effective date of these Guidelines, all of the the CI's completed Initial and Continuing
CIs who were registered for more than six Suitability Reports and Recommendations.
consecutive years as of the original effective If the designated senior headquarters official
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
decides that there are any apparent or 7. all information that is required to be
potential problems that may warrant any documented in the CI’s files pursuant to
change in the use of the CI, the official shall these Guidelines (e.g., the provision of the
(i) consult the appropriate Senior Field instructions set forth in the next paragraph).
Manager and (ii) provide the Initial and
Continuing Suitability Reports and C. INSTRUCTIONS
Recommendations to the CIRC for review in
accord with paragraph (II)(A)(3)(a). 1. In registering a CI, at least one agent
of the JLEA, along with one additional agent
or other law enforcement official present as
[Page 11] a witness, shall review with the CI written
instructions that state that:
B. REGISTRATION a. information provided by the CI to the

JLEA must be truthful;
After a Field Manager has approved an
individual as suitable to be a CI, the b. the CI’s assistance and the information
individual shall be registered with that JLEA provided are entirely voluntary;
as a CI. In registering a CI, the JLEA shall,
at a minimum, document or include the c. the United States Government will
following in the CI’s files: strive to protect the CI’s identity but cannot
guarantee that it will not be divulged;
1. a photograph of the CI;
d. [if applicable:] the JLEA on its own
2. the JLEA’s efforts to establish the CI's cannot promise or agree to any immunity
true identity; from prosecution or other consideration by a
Federal Prosecutor’s Office or a Court in
3. the results of a criminal history check exchange for the CI’s cooperation, since the
for the CI; decision to confer any such benefit lies
within the exclusive discretion
4. the Initial Suitability Report and
Recommendation;
[Page 12]
5. any promises or benefits, and the
terms of such promises or benefits, that are [Note 5]
given a CI by a JLEA or any other law This instruction should be provided if
enforcement agency (if available to the there is any apparent issue of criminal
JLEA); liability or penalties that relates to the CI.
Whether or not this instruction is given to a
6. any promises or benefits, and the CI, the JLEA does not have any authority to
terms of such promises or benefits, that are make any promise or commitment that
given a CI by any FPO or any state or local would prevent the government from
prosecuting office (if available to the JLEA); prosecuting an individual, except as
and provided in paragraphs (I)(C) above and
(III)(C) below, and a JLEA agent must avoid
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
giving any person the erroneous impression j. in the event that the CI receives any
that he or she has any such authority. rewards, payments, or other compensation
from the JLEA, the CI is liable for any taxes
[Note 6] that may be owed; and
This instruction should be provided to

any CI who is not authorized to engage in [Page 13]
otherwise illegal activity. See paragraph
(III)(C)(4) for instructions that must be [Note 7]
provided to a CI who is, in fact, authorized
to engage in otherwise illegal conduct. This instruction should be provided if
there is any apparent issue of immigration
[End of Note 6] status that relates to the CI and the JLEA is
not the Immigration and Naturalization
of the Federal Prosecutor’s Office and Service.
the Court. However, the JLEA will consider
(but not necessarily act upon) a request by [End of Note 7
the CI to advise the appropriate Federal
Prosecutor’s Office or Court of the nature k. [if applicable:] no promises or
and extent of his or her assistance to the commitments can be made, except by the
JLEA; [Note 5] Immigration and Naturalization Service,
regarding the alien status of any person or
e. [if applicable:] the CI has not been the right of any person to enter or remain in
authorized to engage in any criminal activity the United States. [Note 7]
and has no immunity from prosecution for
any unauthorized criminal activity; [Note 6] 2. The content and meaning of each of
the foregoing instructional points must be
f. the CI must abide by the instructions of clearly conveyed to the CI. Immediately
the JLEA and must not take or seek to take after these instructions have been given, the
any independent action on behalf of the agent shall require the CI to acknowledge
United States Government; his or her receipt and understanding of the
instructions. The agent and the other law
g. the CI is not an employee of the enforcement official shall document that the
United States Government and may not instructions were reviewed with the CI and
represent himself or herself as such; that the CI acknowledged the instructions
and his or her understanding of them. As
h. the CI may not enter into any contract soon as practicable thereafter, a Field
or incur any obligation on behalf of the Manager shall review and, if warranted,
United States Government, except as approve the documentation.
specifically instructed and approved by the
JLEA; 3. The instruction and documentation
procedures shall be repeated whenever it
i. the JLEA cannot guarantee any appears necessary or prudent to do so, and in
rewards, payments, or other compensation to any event at least every twelve months.
the CI;
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
D. SPECIAL APPROVAL disagrees with a decision not to provide such
REQUIREMENTS notification may seek review of that decision
pursuant to paragraph (I)(G).
1. High Level Confidential Informants
2. Individuals Under the Obligation of a
a. Prior to utilizing an individual as a Legal Privilege of Confidentiality or
High Level Confidential Informant, a case Affiliated with the Media
agent of a JLEA shall first obtain the written
approval of the CIRC. a. Prior to utilizing as a Confidential
Informant an individual who is under the
A Criminal Division representative on obligation of a legal privilege of
the CIRC who disagrees with a decision to confidentiality or affiliated with the media, a
approve the use of an individual as a High case agent of a JLEA shall first obtain the
Level Confidential Informant may seek written approval of the CIRC. A Criminal
review of that decision pursuant to Division representative on the CIRC who
paragraph (I)(G). disagrees with a decision to approve the use
of such an individual as a Confidential
b. In deciding whether to approve the use Informant may seek review of that decision
of a High Level Confidential Informant, the pursuant to paragraph (I)(G).
CIRC shall have access to any Initial or
Completed Suitability Reports and b. In deciding whether to approve the use
Recommendations for the individual in as a Confidential Informant of an individual
question. who is under the obligation of a legal
privilege of confidentiality or affiliated with
c. After a final decision has been made to the media, the CIRC shall have access to
approve the use of a High Level any Initial or Completed Suitability Reports
Confidential Informant, the CIRC shall and Recommendations for the individual in
consider whether to notify the Chief Federal question.
Prosecutor of any FPO that is participating
in the conduct of an investigation that is, or c. After a final decision has been made to
would be, utilizing the High Level approve the use of an individual who is
Confidential Informant, or any FPO that has under the obligation of a legal privilege of
been, or would be, working with that confidentiality or affiliated with the media
individual in connection with a prosecution, as a Confidential Informant, the CIRC shall
of the decision to approve that individual as consider whether to notify the Chief Federal
a High Level Confidential Informant. If the Prosecutor of any FPO that is participating
CIRC determines that no such notification in the conduct of an investigation that is, or
shall be made, the reason or reasons for the would be, utilizing the individual, or any
determination shall be provided to the FPO that has been, or would be, working
Criminal Division with that individual in connection with a
prosecution, of the decision to approve that
individual as a Confidential Informant. If the
[Page 14] CIRC determines that no such notification
shall be made, the reason or reasons for the
representatives on the CIRC. A Criminal determination shall be provided to the
Division representative on the CIRC who Criminal Division representatives on the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
CIRC. A Criminal Division representative the JLEA first consults with the FPO for that
on the CIRC who disagrees with a decision District.
not to provide such notification may seek
review of that decision pursuant to c. In situations where a FPO is either
paragraph (I)(G). participating in the conduct of an
investigation by a JLEA in which a federal
3. Federal Prisoners, Probationers, probationer, parolee, or supervised releasee
Parolees, Detainees, and Supervised would be utilized as a CI, or where a FPO
Releasees would be working with a federal
probationer, parolee, or supervised releasee
a. Consistent with extant Department of in connection with a prosecution, the JLEA
Justice requirements, a JLEA must receive shall notify the attorney assigned to the
the approval of the Criminal Division’s matter prior to using the person as a CI.
Office of Enforcement Operations ("OEO")
prior to utilizing as a CI an individual who is 4. Current or Former Participants in the
in the custody of the United States Marshals Witness Security Program
Service or the Bureau of Prisons, or who is
under Bureau of Prisons supervision. See a. Consistent with extant Department of
U.S.A.M. § 9-21.050. Justice requirements, a JLEA must receive
the approval of OEO and the sponsoring
prosecutor (or his or her successor) prior to
[Page 15] utilizing as a CI a current or former
participant in the Federal Witness Security
Program, provided further that the OEO will
b. Prior to utilizing a federal probationer, coordinate such matters with the United
parolee, or supervised releasee as a CI, a States Marshals Service. See U.S.A.M. § 9-
Field Manager of a JLEA shall determine if 21.800.
the use of that person in such a capacity
would violate the terms and conditions of b. In situations where a FPO is either
the person's probation, parole, or supervised participating in the conduct of an
release. If the Field Manger has reason to investigation by a JLEA in which a current
believe that it would violate such terms and or former participant in the Witness Security
conditions, prior to using the person as a CI, Program would be utilized as a CI, or where
the Field Manager or his or her designee a FPO would be working with a current or
must obtain the permission of a federal former participant in the Witness Security
probation, parole, or supervised release Program in connection with a prosecution,
official with authority to grant such the JLEA shall notify the attorney assigned
permission, which permission shall be to the matter prior to using the person as a
documented in the CI’s files. If such CI.
permission is denied or it is inappropriate
for operational reasons to contact the 5. State or Local Prisoners, Probationers,
appropriate federal official, the JLEA may Parolees, or Supervised Releasees a. Prior to
seek to obtain authorization for the use of utilizing a state or local prisoner,
such individual as a CI from the Court then probationer, parolee, or supervised releasee
responsible for the individual’s probation, as a CI, a Field Manager of a JLEA shall
parole, or supervised release, provided that
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
determine if the use of that person in such a b. A JLEA is permitted to have
capacity would violate the terms and communication with a current or former CI
who is a fugitive:
(i) if the communication is part of a

[Page 16] legitimate effort by that JLEA to arrest the
fugitive; or
conditions of the person's incarceration, (ii) if approved, in advance whenever

probation, parole, or supervised release. If possible, by a Senior Field Manager of any
the Field Manger has reason to believe that federal, state, or local law enforcement
it would violate such terms and conditions, agency that has a wanted record for the
prior to using the person as a CI, the Field individual in the NCIC and, in the case of a
Manager or his or her designee must obtain federal warrant, by the FPO for the issuing
the permission of a state or local prison, District.
probation, parole, or supervised release
official with authority to grant such c. A JLEA that has communication with
permission, which permission shall be a fugitive must promptly report such
documented in the CI’s files. If such communication to all federal, state, and local
permission is denied or it is inappropriate law enforcement agencies and other law
for operational reasons to contact the enforcement agencies having a wanted
appropriate state or local official, the JLEA record for the individual in the NCIC, and
may seek to obtain authorization for the use document those communications in the CI’s
of such individual as a CI from the state or files.
local Court then responsible for the
individual’s incarceration, probation, parole,
or supervised release. [Page 17]
b. In situations where a FPO is either

participating in the conduct of an III. RESPONSIBILITIES REGARDING
investigation by a JLEA in which a state or REGISTERED CONFIDENTIAL
local prisoner, probationer, parolee, or INFORMANTS
supervised releasee would be utilized as a
CI, or where a FPO would be working with A. GENERAL PROVISIONS
a state or local prisoner, probationer,
parolee, or supervised releasee in connection 1. No Interference With an Investigation
with a prosecution, the JLEA shall notify the of a Confidential Informant
attorney assigned to the matter prior to using
the person as a CI. A JLEA agent must take the utmost care
to avoid interfering with or impeding any
6. Fugitives criminal investigation or arrest of a CI. No
agent shall reveal to a CI any information
a. Except as provided below, a JLEA relating to an investigation of the CI. An
shall have no communication with a current agent shall not confirm or deny the existence
or former CI who is a fugitive. of any investigation of the CI, unless
authorized to do so by the Chief Federal
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Prosecutor; nor shall an agent agree to a commensurate with the value, as determined
request from a CI to determine whether the by the JLEA, of the information he or she
CI is the subject of any investigation. provided or the
2. Prohibited Transactions and

Relationships [Page 18]
a. A JLEA agent shall not: (i) exchange

gifts with a CI; (ii) provide the CI with any [Note 8]
thing of more than nominal value; (iii)
receive any thing of more than nominal The CI may sign or initial the written
value from a CI; or (iv) engage in any receipt by using a pseudonym which has
business or financial transactions with a CI. been previously approved and documented
Except as authorized pursuant to paragraph in the CI’s files and designated for use by
(III)(B) below, any exception to this only one CI.
provision requires the written approval of a
Field Manager, in advance whenever [End of Note 8]
possible, based on a written finding by the
Field Manager that the event or transaction assistance he or she rendered to that
in question is necessary and appropriate for JLEA. A JLEA's reimbursement of expenses
operational reasons. This written finding incurred by a CI shall be based upon actual
shall be maintained in the CI’s files. expenses incurred.
b. A Federal Law Enforcement agent 2. Prohibition Against Contingent

shall not socialize with a CI except to the Payments
extent necessary and appropriate for
operational reasons. Under no circumstances shall any
payments to a CI be contingent upon the
c. In situations where a FPO is either conviction or punishment of any individual.
participating in the conduct of an
investigation by a JLEA that is utilizing a 3. Approval for a Single Payment
CI, or working with a CI in connection with
a prosecution, the JLEA shall notify the A single payment of between $2,500 and
attorney assigned to the matter, in advance $25,000 per case to a CI must be authorized,
whenever possible, if the JLEA approves an at a minimum, by a JLEA's Senior Field
exception under paragraph (III)(A)(2)(a) or Manager. A single payment in excess of
if a Federal Law Enforcement agent $25,000 per case shall be made only with
socializes with a CI in a manner not the authorization of the Senior Field
permitted under paragraph (III)(A)(2)(b). Manager and the express approval of a
designated senior headquarters official.
B. MONETARY PAYMENTS
4. Approval for Annual Payments
1. General
Consistent with paragraph (III)(B)(3)
Monies that a JLEA pays to a CI in the above, payments by a JLEA to a CI that
form of fees and rewards shall be exceed an aggregate of $100,000 within a
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
one-year period, as that period is defined by JLEA's files. The documentation of
the JLEA, shall be made only with the payment shall specify whether the payment
authorization of the Senior Field Manager is for information, services, or expenses.
and the express approval of a designated
senior headquarters official. The 7. Accounting and Reconciliation
headquarters official may authorize Procedures
additional aggregate annual payments in
increments of $50,000 or less. Each JLEA shall establish accounting
and reconciliation procedures to comply
5. Approval for Aggregate Payments with these Guidelines. Among other things,
these procedures shall reflect all monies paid
Consistent with paragraphs (III)(B)(3)- to a CI subsequent to the issuance of these
(4), and regardless of the time frame, any Guidelines.
payments by a JLEA to a CI that exceed an
aggregate of $200,000 shall be made only 8. Coordination with Prosecution
with the authorization of the Senior Field
Manager and the express approval of a In situations where a FPO is either
designated senior headquarters official. participating in the conduct of an
After the headquarters official has approved investigation by a JLEA that is utilizing a
payments to a CI that exceed an aggregate of CI, or working with a CI in connection with
$200,000, the headquarters official may a prosecution, the JLEA shall coordinate
authorize, subject to paragraph (III)(B)(4) with the attorney assigned to the matter, in
above, additional aggregate payments in advance whenever possible, the payment of
increments of $100,000 or less. monies to the CI pursuant to paragraphs
(III)(B)(3)-(5) above.
6. Documentation of Payment
C. AUTHORIZATION OF
The payment of any monies to a CI shall OTHERWISE ILLEGAL ACTIVITY
be witnessed by at least two law
enforcement representatives. Immediately 1. General Provisions
afer receiving a payment, the CI shall be
required to sign or initial, and date, a written a. A JLEA shall not authorize a CI to
receipt.8 At the time of the payment, the engage in any activity that otherwise would
representatives shall advise the CI that the constitute a misdemeanor or felony under
monies may be taxable income that must be federal, state, or local law if engaged in by a
reported to appropriate tax authorities. person acting without authorization, except
as provided in the authorization provisions
Thereafter, those representatives shall in paragraph (III)(C)(2) below.
document the payment and the advice of
taxability in the b. A JLEA is never permitted to
authorize a CI to:
[Page 19 (i) participate in an act of violence;
(ii) participate in an act that constitutes

obstruction of justice (e.g., perjury, witness
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
tampering, witness intimidation, entrapment, b. Tier 2 Otherwise Illegal Activity must
or the fabrication, alteration, or destruction be authorized in advance and in writing for a
of evidence); specified period, not to exceed 90 days, by a
JLEA’s Senior Field Manager.
(iii) participate in an act designed to
obtain information for the JLEA that would c. For purposes of this paragraph, the
be unlawful if conducted by a law "appropriate Chief Federal Prosecutor" is
enforcement agent (e.g., breaking and the Chief Federal Prosecutor that: (i) is
entering, illegal wiretapping, illegal opening participating in the conduct of an
or tampering with the mail, or trespass investigation by a JLEA that is utilizing that
amounting to an illegal search); or active CI, or is working with that active CI
in connection with a prosecution; (ii) with
(iv) initiate or instigate a plan or strategy respect to Otherwise Illegal Activity that
to commit a federal, state, or local offense. would constitute a violation of federal law,
would have primary jurisdiction to prosecute
the Otherwise Illegal Activity; or (iii) with
[Page 20] respect to Otherwise Illegal Activity that
would constitute a violation only of state or
local law, is located where the otherwise
[Note 9] criminal activity is to occur.
9 Even without an express act of 3. Findings

Congress authorizing the conduct at issue, it
is within the power and the duty of federal a. The JLEA official who authorizes Tier
prosecutors, as executive branch officers, to 1 or 2 Otherwise Illegal Activity must make
take reasonable measures to discharge the a finding, which shall be documented in the
duties imposed on them as executive branch CI’s files, that authorization for the CI to
officers, and they will be immune from state engage in the Tier 1 or 2 Otherwise Illegal
action if they take such measures under Activity is –
color of federal law and in good faith.
(i) necessary either to -
[End of Note 9]
(A) obtain information or evidence
2. Authorization essential for the success of an investigation
that is not reasonably available without such
a. Tier 1 Otherwise Illegal Activity must authorization, or
be authorized in advance and in writing for a
specified period, not to exceed 90 days, by:
[Page 21]
(i) a JLEA’s Special Agent in Charge (or
the equivalent); and
(B) prevent death, serious bodily injury,
(ii) the appropriate Chief Federal or significant damage to property; and
Prosecutor. [Note 9]
(ii) that in either case the benefits to be
obtained from the CI's participation in the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Tier 1 or 2 Otherwise Illegal Activity (ii) the CI’s authorization is limited to
outweigh the risks. the time period specified in the written
authorization;
b. In making these findings, the JLEA
shall consider, among other things:
[Page 22]
(i) the importance of the investigation;
(ii) the likelihood that the information or [Note 10]

evidence sought will be obtained;
The CI may sign or initial the written
(iii) the risk that the CI might acknowledgment by using a pseudonym
misunderstand or exceed the scope of his which has been previously approved and
authorization; documented in the CI’s files and designated
for use by only one CI.
(iv) the extent of the CI's participation in
the Otherwise Illegal Activity; [End of Note 10]
(v) the risk that the JLEA will not be able (iii) under no circumstance may the CI:
to supervise closely the CI's participation in
the Otherwise Illegal Activity; (A) participate in an act of violence;
(vi) the risk of violence, physical injury, (B) participate in an act that constitutes
property damage, and financial loss to the CI obstruction of justice (e.g., perjury, witness
or others; and tampering, witness intimidation, entrapment,
or the fabrication, alteration, or destruction
(vii) the risk that the JLEA will not be of evidence);
able to ensure that the CI does not profit
from his or her participation in the (C) participate in an act designed to
authorized Otherwise Illegal Activity. obtain information for the JLEA that would
be unlawful if conducted by a law
4. Instructions enforcement agent (e.g., breaking and
entering, illegal wiretapping, illegal opening
a. After a CI is authorized to engage in or tampering with the mail, or trespass
Tier 1 or 2 Otherwise Illegal Activity, at amounting to an illegal search); or
least one agent of the JLEA, along with one
additional agent or other law enforcement (D) initiate or instigate a plan or strategy
official present as a witness, shall review to commit a federal, state, or local offense;
with the CI written instructions that state, at
a minimum, that: (iv) if the CI is asked by any person to
participate in any such prohibited conduct,
(i) the CI is authorized only to engage in or if he or she learns of plans to engage in
the specific conduct set forth in the written such conduct, he or she must immediately
authorization described above and not in any report the matter to his or her contact agent;
other illegal activity; and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(v) participation in any prohibited 6. Suspension of Authorization
conduct could subject the CI to full criminal
prosecution. Whenever a JLEA cannot, for legitimate
reasons unrelated to the CI’s conduct (e.g.,
b. Immediately after these instructions unavailability of the case agent), comply
have been given, the CI shall be required to with the precautionary measures described
sign or initial, and date, a written above, it shall immediately: (a) suspend the
acknowledgment of the instructions. [Note CI's authorization to engage in Otherwise
10] As soon as practicable thereafter, a Field Illegal Activity until such time as the
Manager shall review and, if warranted, precautionary measures can be complied
approve the written acknowledgment. with; (b) inform the CI that his or her
authorization to engage in any Otherwise
5. Precautionary Measures Whenever a Illegal Activity has been suspended until
JLEA has authorized a CI to engage in Tier that time; and (c) document these actions in
1 or 2 Otherwise Illegal Activity, it must the CI’s files.
take all reasonable steps to: (a) supervise
closely the illegal activities of the CI; (b) 7. Revocation of Authorization
minimize the adverse effect of the
authorized Otherwise Illegal Activity on a. If a JLEA has reason to believe that a
innocent individuals; and (c) ensure that the CI has failed to comply with the specific
CI does not profit from his or her terms of the authorization of Tier 1 or 2
participation in the authorized Otherwise Otherwise Illegal Activity, it shall
Illegal Activity. immediately: (i) revoke the CI's
authorization to engage in Otherwise Illegal
Activity; (ii) inform the CI that he or she is
[Page 23] no longer authorized to engage in any
Otherwise Illegal Activity; (iii) comply with
the notification requirement of paragraph
[Note 11] (IV)(B) below; (iv) make a determination
whether the CI should be deactivated
The CI may sign or initial the written pursuant to paragraph (V); and (v) document
acknowledgment by using a pseudonym these actions in the CI’s files.
which has been previously approved and
documented in the CI’s files and designated b. Immediately afer the CI has been
for use by only one CI. If the CI refuses to informed that he or she is no longer
sign or initial the written acknowledgment, authorized to engage in any Otherwise
the JLEA agent who informed the CI of the Illegal Activity, the CI shall be required to
revocation of authorization shall document sign or initial, and date, a written
that the CI has orally acknowledged being acknowledgment that he or she has been
so informed and the Field Manager shall, as informed of this fact.11 As soon as
soon as practicable thereafter, review and, if practicable thereafter, a Field Manager shall
warranted, approve the written review and, if warranted, approve the
documentation. written acknowledgment.
[End of Note 11] 8. Renewal and Expansion of

Authorization
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
determines that a highly significant and
a. A JLEA that seeks to re-authorize any unanticipated investigative opportunity
CI to engage in Tier 1 or 2 Otherwise Illegal would be lost were the time taken to comply
Activity after the expiration of the with these requirements. In such an event,
authorized time period, or after revocation the documentation requirements, as well as a
of authorization, must first comply with the written justification for the oral
procedures set forth above in paragraphs authorization, shall be completed within 48
(III)(C)(2)-(5). hours of the oral approval and maintained in
the CI’s files.
[Page 24] 10. Designees
A JLEA’s Special Agent in Charge (or

b. A JLEA that seeks to expand in any the equivalent) and the appropriate Chief
material way a CI's authorization to engage Federal Prosecutor may, with the
in Tier 1 or 2 Otherwise Illegal Activity by concurrence of each other, agree to
the JLEA must first comply with the designate particular individuals in their
procedures set forth above in paragraphs respective offices to carry out the approval
(III)(C)(2)-(5). functions assigned to them above in
paragraphs (III)(C)(2)-(9).
9. Emergency Authorization
D. LISTING A CONFIDENTIAL
a. In exceptional circumstances, a INFORMANT IN AN ELECTRONIC
JLEA’s Special Agent in Charge (or the SURVEILLANCE APPLICATION
equivalent) and the appropriate Chief
Federal Prosecutor may orally authorize a CI 1. A JLEA shall not name a CI as a
to engage in Tier 1 Otherwise Illegal named interceptee or a violator in an
Activity without complying with the affidavit in support of an application made
documentation requirements of paragraphs pursuant to 18 U.S.C. § 2516 for an
(III)(C)(2)- (4) above when they each electronic surveillance order unless the
determine that a highly significant and JLEA believes that: (a) omitting the name of
unanticipated investigative opportunity the CI from the affidavit would endanger
would be lost were the time taken to comply that person's life or otherwise jeopardize an
with these requirements. In such an event, ongoing investigation; or (b) the CI is a bona
the documentation requirements, as well as a fide subject of the investigation based on his
written justification for the oral or her suspected involvement in
authorization, shall be completed within 48 unauthorized criminal activity.
hours of the oral approval and maintained in
the CI’s files.
[Page 25]
b. In exceptional circumstances, a
JLEA’s Senior Field Manager may orally
authorize a CI to engage in Tier 2 Otherwise [Note 12]
Illegal Activity without complying with the
documentation requirements of paragraphs A target is "a person as to whom the
(III)(C)(2)- (4) above when he or she prosecutor or the grand jury has substantial
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
evidence linking him or her to the 1. Whenever a JLEA has reasonable
commission of a crime and who, in the grounds to believe that a CI who is currently
judgment of the prosecutor, is a putative authorized to engage in specific Tier 1 or 2
defendant." U.S.A.M. § 9-11.151. Otherwise Illegal Activity has engaged in
unauthorized criminal activity, or whenever
[End of Note 12] a JLEA knows that a CI who has no current
authorization to engage in any Tier 1 or 2
2. In the event that a CI is named in an Otherwise Illegal Activity has engaged in
electronic surveillance affidavit under any criminal activity, a Special Agent in
paragraph (III)(D)(1) above, the JLEA must Charge of the JLEA (or the equivalent) shall
inform the Federal prosecutor making the immediately notify the following Chief
application and the Court to which the Federal Prosecutors of the CI’s criminal
application is made of the actual status of activity and his or her status as a CI: a. the
the CI. Chief Federal Prosecutor whose District is
located where the criminal activity primarily
IV. SPECIAL NOTIFICATION occurred, unless a state or local prosecuting
REQUIREMENTS office in that District has filed charges
against the CI for the criminal activity and
A. NOTIFICATION OF there clearly is no basis for federal
INVESTIGATION OR PROSECUTION prosecution in that District by the Chief
Federal Prosecutor;
1. When a JLEA has reasonable grounds
to believe that a current or former CI is
being prosecuted by, is the target of an [Page 26]
investigation by, or is expected to become a
target of an investigation by a FPO for [Note 13]
engaging in alleged felonious criminal
activity, a Special Agent in Charge (or the Whenever such notifications to FPOs are
equivalent) of the JLEA must immediately provided, the JLEA must also comply with
notify the Chief Federal Prosecutor of that the Continuing Suitability requirements
individual’s status as a current or former CI. described above in paragraph (II)(A)(2).
[Note 12]
[End of Note 13]
2. Whenever such a notification is
provided, the Chief Federal Prosecutor and b. the Chief Federal Prosecutor, if any,
Special Agent in Charge (or the equivalent), whose District is participating in the conduct
with the concurrence of each other, shall of an investigation that is utilizing that
notify any other federal, state or local active CI, or is working with that active CI
prosecutor's offices or law enforcement in connection with a prosecution; and
agencies that are participating in the
investigation or prosecution of the CI. c. the Chief Federal Prosecutor, if any,
who authorized the CI to engage in Tier 1
B. NOTIFICATION OF Otherwise Illegal Activity pursuant to
UNAUTHORIZED ILLEGAL ACTIVITY paragraph (III)(C)(2)(a) above. [Note 13]
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
2. Whenever such notifications are attorney assigned to the matter, in advance
provided, the Chief Federal Prosecutor(s) of whenever possible, if the JLEA has
the FPOs and the Special Agent in Charge reasonable grounds to believe that a CI will
(or the equivalent), with the concurrence of obtain or provide information that is subject
each other, shall notify any state or local to, or arguably subject to, a legal privilege of
prosecutor’s office that has jurisdiction over confidentiality belonging to someone other
the CI’s criminal activity, and that has not than the CI.
already filed charges against the CI for the
criminal activity, of the fact that the CI has
engaged in such criminal activity. The Chief [Page 27]
Federal Prosecutor(s) and the Special Agent
in Charge (or the equivalent) are not 2. If the JLEA has reasonable grounds to
required, but may with the concurrence of believe that a current or former CI has
each other, also notify the state and local information that is exculpatory as to a
prosecutor’s office of the person’s status as person who is expected to become a target
a CI. of an investigation, or as to a target of an
investigation, or as to a defendant (including
C. NOTIFICATION REGARDING a convicted defendant), the JLEA shall
CERTAIN FEDERAL JUDICIAL notify the Chief Federal Prosecutor
PROCEEDINGS responsible for the investigation or
prosecution of such exculpatory
Whenever a JLEA has reasonable information.
grounds to believe that: (1) a current or
former CI has been called to testify by the E. RESPONDING TO REQUESTS
prosecution in any federal grand jury or FROM CHIEF FEDERAL
judicial proceeding; (2) the statements of a PROSECUTORS REGARDING A
current or former CI have been, or will be, CONFIDENTIAL INFORMANT
utilized by the prosecution in any federal
judicial proceeding; or (3) a federal If a Chief Federal Prosecutor seeks
prosecutor intends to represent to a Court or information from a Special Agent in Charge
jury that a current or former CI is or was a (or the equivalent) as to whether a particular
co-conspirator or other criminally culpable individual is a current or former CI, and
participant in any criminal activity, a Special states the specific basis for his or her
Agent in Charge (or the equivalent) of the request, the Special Agent in Charge (or the
JLEA shall immediately notify the Chief equivalent) shall provide such information
Federal Prosecutor for that proceeding of the promptly. If the Special Agent in Charge (or
individual's status as a current or former CI. the equivalent) has an objection to providing
such information based on specific
D. PRIVILEGED OR EXCULPATORY circumstances of the case, he or she shall
INFORMATION explain the objection to the Chief Federal
Prosecutor making the request and any
1. In situations where a FPO is either remaining disagreement as to whether the
participating in the conduct of an information should be provided shall be
investigation by a JLEA that is utilizing a resolved pursuant to paragraph (I)(G).
CI, or working with a CI in connection with
a prosecution, the JLEA shall notify the F. FILE REVIEWS
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
manner as set forth in paragraph (II)(C)(2);
Whenever a JLEA discloses any and
information about a CI to a FPO pursuant to
paragraphs (IV)(A)-(E), the Special Agent in 4. if the CI was authorized to engage in
Charge (or the equivalent) and the Chief Tier 1 or Tier 2 Otherwise illegal Activity
Federal Prosecutor shall consult to facilitate pursuant to paragraph (Ill)(CX2)(a)-(b),
any review and copying of the CI’s files by revoke that authorization under the
the Chief Federal Prosecutor that might be provisions of paragraph (III)(CX7).
necessary for the Chief Federal Prosecutor
to fulfill his or her office’s disclosure B. DELAYED NOTIFICATION TO A
obligations. CONFIDENTIAL INFORMANT
G. DESIGNEES A JLEA may delay providing the

notification to the CI described above in
A Special Agent in Charge (or the Paragraph (V)(A)(3) during the time such
equivalent) and a Chief Federal Prosecutor notification might jeopardize an ongoing
may, with the concurrence of each other, investigation or prosecution or might cause
agree to designate particular individuals in the flight from prosecution of any person.
their respective offices to carry out the Whenever a decision is made to delay
functions assigned to them in paragraphs providing a notification, that decision, and
(IV)(A)-(F). the reasons supporting it, must be
documented in the CI's files.
V. DEACTIVATION OF
CONFIDENTIAL INFORMANTS C. CONTACTS WITH FORMER
CONFIDENTIAL INFORMANTS
A. GENERAL PROVISIONS DEACTIVATED FOR CAUSE
A JLEA that determines that a CI should Absent exceptional circumstances that

be deactivated for cause or for any other are approved by a Senior Field Manager, in
reason shall immediately: advance whenever possible, an agent of a
ILEA shall not initiate contacts with, or
1. deactivate the individual; respond to contacts from, a former CI who
has been deactivated for cause. When
2. document the reasons for the decision granted, such approval shall be documented
to deactivate the individual as a CI in the in the CI's files.
CI’s files;
D. COORDINATION WITH
PROSECUTORS
[Page 28]
In situations where a FPO is either
participating in the conduct of an
3. if the CI can be located. notify the CI investigation by a JLEA that is utilizing a
that he or she has been deactivated as a CI CI, or working with a CI in connection with
and obtain documentation that such a prosecution, the JLEA shall coordinate
notification was provided in the same with the attorney assigned to the matter, in
advance whenever possible, regarding any
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
of the decisions described in paragraphs General's Memorandum of September 22,
(V)(A)-(C). 1980, to Heads and Inspectors General of
Executive Departments and Agencies. It was
Date: May 30, 2002 then superseded, with new authorization
procedures and relevant rules and
John Ashcroft guidelines, including limitations on the types
Attorney General of investigations requiring prior written
approval by the Department of Justice, in the
Attorney General's Memorandum of
November 7,1983. [Note 1]
8.F.9d “Procedures for Lawful,
Warrantless Monitoring of The Attorney General's Memorandum of
Verbal Communications.” 30 January 20, 1998, superseded the
May 2002: aforementioned directives. It continued most
of the authorization procedures established
http://www.usdoj.gov/olp/lawful.pdf in the November 7, 1983, Memorandum, but
reduced the sensitive circumstances under
which prior written approval of senior
officials of the Department of Justice's
Criminal Division is required. At the same
time, it continued to require 2rnl
authorization from Department of Justice
attorneys, ordinarily local Assistant United
States Attorneys, before the initiation of the
May 30, 2002 use of consensual monitoring in all
investigations not requiring prior written
MEMORANDUM FOR THE HEADS approval. In addition, that Memorandum
AND INSPECTORS GENERAL OF reduced and eventually eliminated the
EXECUTIVE DEPARTMENTS AND reporting requirement imposed on
AGENCIES departments and agencies. These changes
reflected the results of the exercise of the
FROM THE ATTORNEY GENERAL Department's review function over many
years, which showed that the departments
SUBJECT: and agencies had unifonnly been applying
the required procedures with great care,
Procedures for Lawful, Warrantless consistency, and good judgment, and that
Monitoring of Verbal Communications the number of requests for consensual
monitoring that were not approved had been
By Memorandum dated October 16, negligible.
1972, the Attorney General directed all
federal departments and agencies to obtain [Note 1]
Department of Justice authorization before
intercepting verbal communications without 1 As in all of the prior memoranda
the consent of all parties to the except for the one dated October 16, 1972,
communication. This directive was clarified this memorandum only applies to the
and continued in force by the Attorney consensual monitoring of oral, nonwire
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
communications, as discussed below. Second, Part V. of the Memorandum of
"Verbal" communications will hereinafter be January 20, 1998, required that an agency
referred to as oral. head or his or her designee give oral
authorization for consensual monitoring, and
[End of Note 1] stated that “[a]ny designee should be a high-
ranking supervisory official at headquarters
[Page 2] level.” This rule was qualified by Attorney
General Order No. 1623-92 of August 31,
This Memorandum updates and in some 1992, which, in relation to the Federal
limited respects modifies the Memorandum Bureau of Investigation (FBI), authorized
of January 20, 1998. The changes are as delegation of this approval function to
follows: Special Agents in Charge. Experience has
shown that the requirement of Special Agent
First, Parts III.A.(8) and V. of the in Charge approval can result in a loss of
January 20, 1998, Memorandum required investigative opportunities because of an
concurrence or authorization for consensual overly long approval process, and indicates
monitoring by the United States Attorney, that allowing approval by Assistant Special
an Assistant United States Attorney, or the Agents in Charge would facilitate FBI
previously designated Department of Justice investigative operations. Assistant Special
attorney responsible for a particular Agents in Charge are management personnel
investigation (for short, a “trial attorney”). to whom a variety of supervisory and
This Memorandum provides instead that a oversight responsibilities are routinely
trial attorney must advise that the given; generally, they are directly involved
monitoring is legal and appropriate. This and familiar with the circumstances relating
continues to limit monitoring to cases in to the propriety of proposed uses of the
which an appropriate attorney agrees to the consensual monitoring technique. Part V. is
monitoring, but makes it clear that this accordingly revised in this Memorandum to
function does not establish a supervisory provide that the FBI Director’s designees for
role or require any involvement by the purposes of oral authorization of consensual
attorney in the conduct of the monitoring. In monitoring may include both Special Agents
addition, for cases in which this advice in Charge and Assistant Special Agents in
cannot be obtained from a trial attorney for Charge. This supersedes Attorney General
reasons unrelated to the legality or propriety Order No. 1623-92, which did not allow
of the monitoring, this Memorandum delegation of this function below the level of
provides a fallback procedure to obtain the Special Agent in Charge.
required advice from a designated attorney
of the Criminal Division of the Department Third, this Memorandum omits as
of Justice. Where there is an issue as to obsolete Part VI. of the Memorandum of
whether providing the advice would be January 20, 1998. Part VI. imposed a
consistent with applicable attorney conduct reporting requirement by agencies
rules, the trial attorney or the designated concerning consensual monitoring but
Criminal Division attorney should consult rescinded that reporting requirement after
with the Department’s Professional one year.
Responsibility Advisory Office.
The Fourth Amendment to the United
States Constitution, Title III of the Omnibus
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Crime Control and Safe Streets Act of 1968, they must remain the subject of careful, self-
as amended (18 U.S.C. §2510, et seq.), and regulation by the agencies employing them.
the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. §1801, et seq.) permit The sources of authority for this
government agents, Memorandum are Executive Order No.
11396 (“Providing for the Coordination by
[Page 3] the Attorney General of Federal Law
Enforcement and Crime Prevention
[Note 2] Programs”); Presidential Memorandum
(“Federal Law Enforcement Coordination,
As a general rule, nonconsensual Policy and Priorities”) of September 11,
interceptions of wire communications 1979; Presidential Memorandum (untitled)
violate 18 U.S.C. § 2511 regardless of the of June 30, 1965, on, inter alia, the
communicating parties’ expectation of utilization of mechanical or electronic
privacy, unless the interceptor complies with devices to overhear nontelephone
the court-authorization procedures of Title conversations; the Paperwork Reduction Act
III of the Omnibus Crime Control and Safe of 1980 and the Paperwork Reduction
Streets Act of 1968 (18 U.S.C. § 2510, et Reauthorization Act of 1986, as amended;
seq.) or with the provisions of the Foreign and the inherent authority of the Attorney
Intelligence Surveillance Act of 1978 (50 General as the chief law enforcement officer
U.S.C. § 1801 et seq.). of the United States.
[End of Note 2] I. DEFINITIONS As used in this

Memorandum, the term “agency” means all
acting with the consent of a party to a of the Executive Branch departments and
communication, to engage in warrantless agencies, and specifically includes United
monitoring of wire (telephone) States Attorneys’ Offices which utilize their
communications and oral, nonwire own investigators, and the Offices of the
communications. See United States v. Inspectors General. As used in this
White, 401 U.S. 745 (1971); United States Memorandum, the terms “interception” and
v. Caceres, 440 U.S. 741 (1979). Similarly, “monitoring” mean the aural acquisition of
the Constitution and federal statutes permit oral communications by use of an electronic,
federal agents to engage in warrantless mechanical, or other device. Cf. 18 U.S.C. §
monitoring of oral, nonwire communications 2510(4).
when the communicating parties have no
justifiable expectation of privacy. [Note 2] As used in this Memorandum, the term
Because such monitoring techniques are “public official” means an official of any
particularly effective and reliable, the public entity of government, including
Department of Justice encourages their use special districts, as well as all federal, state,
by federal agents for the purpose of county, and municipal governmental units.
gathering evidence of violations of federal
law, protecting informants or undercover [Page 4]
law enforcement agents, or fulfilling other,
similarly compelling needs. While these II. NEED FOR WRITTEN
techniques are lawful and helpful, their use AUTHORIZATION
in investigations is frequently sensitive, so
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
A. Investigations Where Written the United States Attorney in the district
Department of Justice Approval is Required where an investigation is being conducted
has requested the investigating agency to
A request for authorization to monitor an obtain prior written consent before
oral communication without the consent of conducting consensual monitoring in a
all parties to the communication must be specific investigation.
approved in writing by the Director or
Associate Director of the Office of In all other cases, approval of consensual
Enforcement Operations, Criminal Division, monitoring will be in accordance with the
U.S. Department of Justice, when it is procedures set forth in part V. below.
known that:
[Page 5]
(1) the monitoring relates to an
investigation of a member of Congress, a B. Monitoring Not Within Scope of
federal judge, a member of the Executive Memorandum
Branch at Executive Level IV or above, or a
person who has served in such capacity Even if the interception falls within one
within the previous two years; of the six categories above, the procedures
and rules in this Memorandum do not apply
(2) the monitoring relates to an to:
investigation of the Governor, Lieutenant
Governor, or Attorney General of any State (1) extraterritorial interceptions;
or Territory, or a judge or justice of the
highest court of any State or Territory, and (2) foreign intelligence interceptions,
the offense investigated is one involving including interceptions pursuant to the
bribery, conflict of interest, or extortion Foreign Intelligence Surveillance Act of
relating to the performance of his or her 1978 (50 U.S.C. § 1801, et seq.);
official duties;
(3) interceptions pursuant to the court-
(3) any party to the communication is a authorization procedures of Title III of the
member of the diplomatic corps of a foreign Omnibus Crime Control and Safe Streets
country; Act of 1968, as amended (18 U.S.C. § 2510,
et seq.);
(4) any party to the communication is or
has been a member of the Witness Security (4) routine Bureau of Prisons monitoring
Program and that fact is known to the of oral communications that are not attended
agency involved or its officers; by a justifiable expectation of privacy;
(5) the consenting or nonconsenting (5) interceptions of radio

person is in the custody of the Bureau of communications; and
Prisons or the United States Marshals
Service; or (6) interceptions of telephone
communications.
(6) the Attorney General, Deputy
Attorney General, Associate Attorney III. AUTHORIZATION PROCEDURES
General, any Assistant Attorney General, or AND RULES
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
granted. In special cases (e.g., “fencing”
A. Required Information operations run by law enforcement agents or
long-term investigations that are closely
The following information must be set supervised by the Department’s Criminal
forth in any request to monitor an oral Division) authorization for up to 180 days
communication pursuant to part II.A.: may be granted with similar extensions.
(1) Reasons for the Monitoring. The (7) Names. The request must give the
request must contain a reasonably detailed names of persons, if known, whose
statement of the background and need for communications the department or agency
the monitoring. expects to monitor and the relation of such
persons to the matter under investigation or
(2) Offense. If the monitoring is for to the need for the monitoring.
investigative purposes, the request must
include a citation to the principal criminal (8) Attorney Advice. The request must
statute involved. state that the facts of the surveillance have
been discussed with the United States
(3) Danger. If the monitoring is intended Attorney, an Assistant United States
to provide protection to the consenting Attorney, or the previously designated
party, the request must explain the nature of Department of Justice attorney responsible
the danger to the consenting party. for a particular investigation, and that such
attorney advises that the use of consensual
(4) Location of Devices. The request monitoring is appropriate under this
must state where the monitoring device will Memorandum (including the date of such
be hidden: on the person, in personal effects, advice). The attorney must also advise that
or in a fixed location. the use of consensual monitoring under the
facts of the investigation does not raise the
[Page 6] issue of entrapment. Such statements may be
made orally. If the attorneys described
(5) Location of Monitoring. The request above cannot provide the advice for reasons
must specify the location and primary unrelated to the legality or propriety of the
judicial district where the monitoring will consensual monitoring, the advice must be
take place. A monitoring authorization is not sought and obtained from an attorney of the
restricted to the original district. However, if Criminal Division of the Department of
the location of monitoring changes, notice Justice designated by the Assistant Attorney
should be promptly given to the approving General in charge of that Division. Before
official. The record maintained on the providing such advice, a designated
request should reflect the location change. Criminal Division Attorney shall notify the
appropriate United States Attorney or other
(6) Time. The request must state the attorney who would otherwise be authorized
length of time needed for the monitoring. to provide the required advice under this
Initially, an authorization may be granted for paragraph.
up to 90 days from the day the monitoring is
scheduled to begin. If there is the need for (9) Renewals. A request for renewal
continued monitoring, extensions for authority to monitor oral communications
additional periods of up to 90 days may be must contain all the information required for
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
an initial request. The renewal request must Criminal Division, a Deputy Assistant
also refer to all previous authorizations and Attorney General in the Criminal Division,
explain why an additional authorization is or the Director or an Associate Director of
needed, as well as provide the Criminal Division’s Office of
Enforcement Operations. Requests for
[Page 7] authorization will normally be submitted by
the headquarters of the department or
an updated statement that the attorney agency requesting the consensual
advice required under paragraph (8) has monitoring to the Office of Enforcement
been obtained in connection with the Operations for review.
proposed renewal.
D. Emergency Monitoring
B. Oral Requests
If an emergency situation requires
Unless a request is of an emergency consensual monitoring at a time when one of
nature, it must be in written form and the individuals identified in part III.B. above
contain all of the information set forth cannot be reached, the authorization may be
above. Emergency requests in cases in given by the head of the responsible
which written Department of Justice department or agency, or his or her
approval is required may be made by designee. Such department or agency must
telephone to the Director or an Associate then notify the Office of Enforcement
Director of the Criminal Division’s Office of Operations as soon as practicable after the
Enforcement Operations, or to the Assistant emergency monitoring is authorized, but not
Attorney General, the Acting Assistant later than three working days after the
Attorney General, or a Deputy Assistant emergency authorization.
Attorney General for the Criminal Division,
and should later be reduced to writing and The notification shall explain the
submitted to the appropriate headquarters emergency and shall contain all other items
official as soon as practicable after required for a nonemergency request for
authorization has been obtained. An authorization set forth in part III.A. above.
appropriate headquarters filing system is to
be maintained for consensual monitoring [Page 8]
requests that have been received and
approved in this manner. Oral requests must [Note 3]
include all the information required for
written requests as set forth above. For example, burglars, while committing
a burglary, have no justifiable expectation of
C. Authorization privacy. Cf. United States v. Pui Kan Lam,
483 F.2d 1202 (2d. Cir. 1973), cert. denied,
Authority to engage in consensual 415 U.S. 984 (1974).
monitoring in situations set forth in part
II.A. of this Memorandum may be given by [End of Note 3]
the Attorney General, the Deputy Attorney
General, the Associate Attorney General, the IV. SPECIAL LIMITATIONS
Assistant Attorney General or Acting
Assistant Attorney General in charge of the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
When a communicating party consents to
the monitoring of his or her oral V. PROCEDURES FOR
communications, the monitoring device may CONSENSUAL MONITORING WHERE
be concealed on his or her person, in NO WRITTEN APPROVAL IS
personal effects, or in a fixed location. Each REQUIRED
department and agency engaging in such
consensual monitoring must ensure that the Prior to receiving approval for
consenting party will be present at all times consensual monitoring from the head of the
when the device is operating. In addition, department or agency or his or her designee,
each department and agency must ensure: a representative of the department or agency
(1) that no agent or person cooperating with must obtain advice that the consensual
the department or agency trespasses while monitoring is both legal and appropriate
installing a device in a fixed location, unless from the United States Attorney, an
that agent or person is acting pursuant to a Assistant United States Attorney, or the
court order that authorizes the entry and/or Department of Justice attorney responsible
trespass, and (2) that as long as the device is for a particular investigation. The advice
installed in the fixed location, the premises may be obtained orally from the attorney. If
remain under the control of the government the attorneys described above cannot
or of the consenting party. See United States provide this advice for reasons unrelated to
v. Yonn, 702 F.2d 1341, 1347 (11th Cir.), the legality or propriety of the consensual
cert. denied, 464 U.S. 917 (1983) (rejecting monitoring, the advice must be
the First Circuit’s holding in United States v.
Padilla, 520 F.2d 526 (1st Cir. 1975), and [Page 9]
approving use of fixed monitoring devices
that are activated only when the consenting sought and obtained from an attorney of
party is present). But see United States v. the Criminal Division of the Department of
Shabazz, 883 F. Supp. 422 (D. Minn. 1995). Justice designated by the Assistant Attorney
General in charge of that Division. Before
Outside the scope of this Memorandum providing such advice, a designated
are interceptions of oral, nonwire Criminal Division Attorney shall notify the
communications when no party to the appropriate United States Attorney or other
communication has consented. To be lawful, attorney who would otherwise be authorized
such interceptions generally may take place to provide the required advice under this
only when no party to the communication paragraph.
has a justifiable expectation of privacy,
[Note 3] or when authorization to intercept Even in cases in which no written
such communications has been obtained authorization is required because they do not
pursuant to Title III of the Omnibus Crime involve the sensitive circumstances
Control and Safe Streets Act of 1968 (18 discussed above, each agency must continue
U.S.C. § 2510, et seq.) or the Foreign to maintain internal procedures for
Intelligence Surveillance Act of 1978 (50 supervising, monitoring, and approving all
U.S.C. § 1801 et seq.). Each department or consensual monitoring of oral
agency must ensure that no communication communications. Approval for consensual
of any party who has a justifiable monitoring must come from the head of the
expectation of privacy is intercepted unless agency or his or her designee. Any designee
proper authorization has been obtained. should be a high-ranking supervisory
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
official at headquarters level, but in the case Defense, as the Bush Administration
of the FBI may be a Special Agent in insists, or does it show that realistic
Charge or Assistant Special Agent in threats actually lie elsewhere? And
Charge. what is the significance of the
anthrax attacks?
Similarly, each department or agency
shall establish procedures for emergency
authorizations in cases involving non- + Military and the Policy of
sensitive circumstances similar to those that
Preventive Intervention. The new
apply with regard to cases that involve the
model of warfare: technology,
sensitive circumstances described in part
special ops, reliance on local forces.
III.D., including obtaining follow-up oral
Bases. Paul Wolfowitz on preventive
advice of an appropriate attorney as set forth
intervention. Policy of self-reliance.
above concerning the legality and propriety
US nuclear policy: forces not to be
of the consensual monitoring.
constrained by treaties.
Records are to be maintained by the
involved departments or agencies for each
consensual monitoring that they have
conducted. These records are to include the
information set forth in part III.A. above. 9.Week Bill Keller, “Nuclear
Nightmares,” The New York
VI. GENERAL LIMITATIONS Times Magazine, 26 May
2002, pp. 22-29, 51ff.
This Memorandum relates solely to the
subject of consensual monitoring of oral [Only in hard copy.]
communications except where otherwise
indicated. This Memorandum does not alter
or supersede any current policies or 9.M.1 A ‘hawk’ position on 9.11
directives relating to the subject of obtaining and NMD: Frank Gaffney,
necessary approval for engaging in Washington Times:
nonconsensual electronic surveillance or any
other form of nonconsensual interception. http://www.washtimes.com/commentary/gaf
fney.htm In Reader II.
9 Weapons of Mass Destruction. [13-

15 November] The attack of 9.11
did not employ a ‘weapon of mass
destruction’. Could attackers have 10 The Israel-Palestine Imbroglio.
[18-22 November] Can the United
used chemical, biological, States win coalition assistance from
radiological, or nuclear weapons? states with largely Muslim
Could they have launched missiles, populations if it does not commit
armed with such weapons, against meaningfully to a Palestinian state?
the United States? Does 9.11 confirm A Palestinian state [a] in the next
the need for National Missile few months, and [b] unqualifiedly
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
coextensive with the West Bank and
Gaza? Can one draw a meaningful
distinction between “resistance to
occupation” and “terrorism”? Is
Israeli approval a necessary
precondition to any outcome? Is the
status of the Israeli-Palestinian
conflict significant for recruitment to
the most violent of the Islamist
organizations, such as Al Qaeda? or
would they find recruits regardless
how the Israeli-Palestinian conflict
was resolved? Is there a relationship
between US policies concerning UNITED NATIONS E Economic and Social
Israel and US domestic electoral Council Distr. GENERAL E/CN.4/S-5/3 17
calculations? October 2000 Original: ENGLISH
COMMISSION ON HUMAN RIGHTS

Fifth special session 17-18 October 2000
10.Week Office of the United Nations
Agenda item 3
High Commissioner for
Human Rights: 17 October LETTER DATED 3 OCTOBER 2000
2000. . “Report on Israel’s FROM THE PERMANENT
Violations of Human Rights REPRESENTATIVE OF ALGERIA TO
in the Palestinian Territories THE UNITED NATIONS HIGH
Occujpied Since 1967, COMMISSIONER FOR HUMAN RIGHTS
Submitted by Mr. Giorgio
Giacomelli, Special
Rapporteur.” Mission report on Israel’s
violations of human rights in
http://www.unhchr.ch/Huridocda/Huridoca.
nsf/0/8cabd6168b1be4a1c1256981004820e2 the Palestinian territories
/$FILE/G0015546.pdf occupied since 1967,
6 March 2002. “Question of the Violation of submitted by Mr. Giorgio
Human Rights in the Giacomelli, Special
Occupied Arab Territories,
Including Palestine”, report Rapporteur.
of the Special Rapporteur of
the Commission on Human GE.00-15546 (E) E/CN.4/S-5/3
Rights, Mr. John Dugard.
[Page 2]
http://www.unhchr.ch/Huridocda/Huridoca.
nsf/TestFrame/7dfb0ec25fb51b6ac1256b900 Introduction 1. In response to the recent
03eacef?Opendocument developments and the acute situation in the
occupied Palestinian territories, the Special
Rapporteur undertook a mission to the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
region to ascertain the prevailing human area covered by the mandate and in areas
rights conditions. The Commission’s geographically and substantively peripheral
subsequent decision to convene the current to it, other serious violations are being
special session provides the occasion for the perpetrated. It would be for the Commission
Special Rapporteur to bring his findings to to decide how best to address these matters
the Commission’s attention as a reference in the interest of faithfully and
for its deliberations. comprehensively upholding human rights
norms.
2. The recent mission to the occupied
Palestinian territories (OPT) from 11 to 15 5. In general, the full range of human
October 2000, enabled the Special rights violations reported in the Special
Rapporteur to consult with a wide range of Rapporteur’s previous report, to the
interlocutors in connection with his Commission at its fifty-sixth session
mandate. This included meetings in the (E/CN.4/2000/25), remain constant.
West Bank, the Gaza Strip and Jerusalem However, a number of violations from that
with Palestinian and Israeli NGOs, spectrum have shown a dramatic upsurge
international organizations on the ground, since late September 2000. The Special
grassroots and community organizations, Rapporteur brings these particular areas to
human rights monitors, Palestinian the Commission’s attention. He expects to
Authority representatives, medical present his regular, comprehensive report to
professionals and individuals wounded in the Commission at its fifty-seventh session,
the recent confrontations. He gathered oral in 2001.
testimony and documentary information, as
well as published materials from additional The human rights framework
sources. The Special Rapporteur notes with
regret that again he was denied the 6. Under the Charter of the United
opportunity to consult official Israeli Nations a State Member of the United
interlocutors, owing to Israel’s continuing Nations is obligated to “respect and promote
rejection of the mandate and its refusal to human rights”. Additionally, Israel was
cooperate with the Special Rapporteur. bound upon its establishment by the terms of
General Assembly “partition of Palestine”
3. In compliance with the mandate, as resolution 181 (II), which states in Part I,
formulated by the Commission on Human chapter 2, paragraph 3: “All persons within
Rights, this report addresses the subject of the jurisdiction of the [Arab or Jewish] State
military occupation, and actions and shall be entitled to equal protection of the
omissions of the occupying Power during law”. As the occupying Power in the West
the unfolding events of late September 2000 Bank, the Gaza Strip and Jerusalem, Israel
until today, 17 October 2000. bears de jure responsibility for
implementing E/CN.4/S-5/3
4. While concentrating his attention on
the terms of reference contained in the [Page 3]
mandate, the Special Rapporteur feels he
would be remiss in his obligation as a the applicable humanitarian law norms.
mechanism of the Commission on Human In the occupied Palestinian territories, Israel
Rights if he were not to draw the attention of bears the responsibilities of the occupying
the Commission to the fact that, in the very Power, as the Commission on Human Rights
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
recognized in its resolution 1993/2. As the in cases where there was no imminent threat
treaty bodies have subsequently reaffirmed, to their lives. Whether in cases of Israel
these Israeli jurisdictional obligations Defence Forces (IDF) or Israeli police
remain applicable to date (see actions, deadly force is used without
CERD/C/304/Add.45 and E/C.12/1/Add.27). warning, and without employing deterrence
or gradual measures consistent with the
7. Therefore, international humanitarian minimum standards and methods of crowd
law obligations apply to this review of control or management of civil unrest. These
Israel’s role in the occupied Palestinian fundamental human rights and humanitarian
territories, including the Hague Regulations norms of necessity and proportionality have
and the Geneva Conventions of 1949, in been breached in most reported cases of
particular the Fourth Geneva Convention confrontation between Palestinian civilians
relative to the Protection of Civilian Persons and Israeli forces.
in Time of War. In addition, as ratifying
Party to the six principal human rights 10. While the various sources consulted
treaties, Israel’s covenanted human rights may differ to some degree on details, all
obligations apply, as well as those arising concur that, since 28 September, Israeli
from customary law and general principles forces have killed at least 85 Palestinians in
of international law. The norms of both the occupied Palestinian territories in this
customary and treaty law, as well as the way, of whom more than 20 were children
relevant resolutions of the United Nations (under the age of 18), including small
form the legal framework for the concerns children, as well as two infants, 5 and 6
raised in this report. months old. Israeli settlers in the West Bank
are responsible for at least five of these
8. It should be noted that the data Palestinian deaths over the past 18 days. In
collected here on specific violations are some sense the scale of this violation is
neither exhaustive nor reflect perfect unprecedented. It is worthy of note that the
uniformity among all sources. The Special number of deaths caused by Israeli forces so
Rapporteur has sought corroboration of the far approximate the number killed in the
information in order to establish reasonable first four months of the intifada, in
certainty of the facts presented to the 1987/1988.
Commission. Nonetheless, the Special
Rapporteur’s report here reflects the scale 11. Depending on the criteria applied by
and proportions of the violations committed the different sources with regard to the
over the period under review. Principal nature and gravity of wounds, various
concerns regarding human rights reports estimate between 2,000 and 3,700
Palestinians injured by Israeli occupation
Right to life forces. Of these, some 40 per cent are under
18 years of age. The total injuries are
9. The occupying Power has dramatically roughly categorized as resulting from
escalated the use of lethal force against the shooting to the head (40 per cent), the
civilian population, ostensibly in response to E/CN.4/S-5/3
demonstrations beginning in Jerusalem and
spreading throughout the West Bank and [Page 4]
Gaza Strip. Occupation forces appear to
have indiscriminately used excessive force
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
chest (20 per cent), abdomen (20 per the Palestinian civil police, who are meant
cent), extremities and back (20 per cent). both to maintain order and to protect the
Reportedly, at least half of the injuries Palestinian population. This is a situation
resulted from Israeli forces using live that remains of deep concern and should be
ammunition, with the remaining injuries due the subject of careful study and remedial
to rubber-coated metal bullets and tear gas efforts.
(around 10 per cent).
17. Local observers have reported
12. In different degrees, these casualties concern over the apparent re-emergence of
are widely distributed across the occupied IDF special undercover units to conduct
Palestinian territories. Approximately, two operations similar to those carried out during
thirds are found throughout the West Bank the intifada (1987- ca. 1993). At present, the
and Jerusalem, with the remaining third in Israeli settler population has emerged as an
the Gaza Strip. increasingly obvious source of paramilitary
activity, particularly, as local observers have
13. Officially verifiable figures for the noted, since this year’s Paris summit. For
total number of Israeli casualties were not instance, settlers have opened fire on local
available. However, Israeli occupying Palestinian neighbourhoods in Jerusalem
forces, including settlers, to date have been and in West Bank villages, as noted in
reported to have suffered seven deaths. shooting incidents reported at Bidya and
Za’tara village (near Nablus) and in
Means of force used neighbourhoods adjacent to Pesugot
settlement (Jabal Tawil/al-Bireh), which
14. The Israeli forces have used a variety resulted in injuries and one death. Numerous
of methods, including shooting with lethal reports indicate that Israeli occupation
weapons. In addition to using rubber-coated forces have not acted to deter such
metal bullets, which at close range have paramilitary activities.
proved lethal, troops have fired rifles and
machine guns, deployed tanks, fired rockets 18. The situation has become more
and anti-tank missiles, and have employed complex and multifaceted as some new
and fired from helicopter gunships and naval actors, such as the paramilitary settlers, have
vessels. entered the scene and some Palestinians
bearing arms have appeared in the protests.
15. Many of the casualties are reportedly These new factors, within a context of
the result of long-distance shooting by escalating violence, form a particularly
snipers. The Special Rapporteur took alarming development that calls for urgent
eyewitness and victim testimony of the use attention. E/CN.4/S-5/3
of this tactic against civilians, some of
whom were far from, and uninvolved in, [Page 5]
civil demonstrations.
19. The emergence of particularly
16. It is worth noting that the odious and brutal attacks, such as the death
confrontations with and manoeuvre of IDF by torture of a young Palestinian from Imm
forces, in some cases, have disregarded the Safa village (West Bank, Area C), or mob
lines of territorial division agreed upon. This attacks, as in the case of the 12 October
has created some confusion as to the role of Ramallah killings, give ominous warning as
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
to the new forms of violence that could spin The besieging of several Palestinian
out of control if not properly addressed and communities has resulted in further
remedied. fragmentation of the territory and society as
a whole and is having a negative impact on
Right to health the already fragile Palestinian economy.
Furthermore, such an acute situation already
20. In addition to the obvious has consequences for access to education,
consequences for the right to health that medical care and livelihood, in addition to
arise from the use of lethal weapons against lowering morale and contributing to an
civilians, medical professionals have also overall sense of confinement.
become targets of IDF gunfire. Israeli forces
have obstructed, beaten and/or shot a 23. The day before the Jewish holiday of
number of emergency medical personnel on Yom Kippur, the Israeli authorities closed
duty. This has led to the denial of the occupied Palestinian territories, after
emergency medical aid to victims and to the which they cancelled all permits for
wounding of medical personnel, as well as Palestinian workers, prohibiting them access
the death of one ambulance driver, Bassam to their jobs in Israel. Subsequently, the
Bilbaisi. Israeli authorities cancelled grade 2 and 3
permits for Palestinians, denying freedom of
21. The level and number of casualties movement to businessmen and other
have strained local medical services beyond professionals.
capacity, requiring the transfer of severely
injured victims to hospitals in neighbouring Economic, social and cultural rights
countries. The casualties and the Israeli-
imposed closure of the occupied Palestinian 24. Other economic losses include those
territories have created a shortage of medical resulting from the demolition of physical
supplies and strained the capacity of medical structures, including homes and apartments,
services. The impossibility of replenishing as in the case of 40 apartments at Netzarim
stocks and the denial of access to needed Junction, the damaging and burning of
treatment in neighbouring countries due to vehicles, including ambulances, and
closure of the occupied territories have vandalism of homes. These acts have been
deepened the medical-care crisis at a time of carried out by both Israeli soldiers and
increased need. settlers. Physical damage by the IDF ranges
E/CN.4/S-5/3 page 6
Freedom of movement
[Page 6]
22. While the right to freedom of
movement has been the subject of violations from random gunfire at water tanks on
on a sustained basis, particularly since the the roofs of homes to the shelling of the
beginning of the interim period, Israel’s municipality building at Beit Lahia, in the
current closure of the occupied territories is Gaza Strip and the shelling of the electrical
characterized also by the sealing off of plant in Ramallah, West Bank.
Palestinian populated areas. This has
prevented the free movement of people and 25. The massacre carried out in the
material into and out of these areas, and has Haram al-Sharif perhaps most dramatically
created shortages and a sense of isolation. exemplifies the violation of a religious site.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Other sites that have been militarized, such disproportionately as a vulnerable social
as Joseph’s Tomb, in Nablus, and Rachel’s group and particularly as mothers coping
Tomb, in Bethlehem, have been the site of with their role as guardians of the family and
violent conflict, resulting in destruction suppliers of their children’s needs.
and/or effective denial of the right to
worship. Other incidents include the 28. A category of people that have
attempted burning of the church in Beit become especially vulnerable in the light of
Hanina (Jerusalem) in a night raid by settlers recent events are Palestinians living near
last week and the vandalization of a settlements and in areas where the
synagogue at Jericho on 13 October. These Palestinian Authority does not have a
incidents, beyond the violation of the right presence, such as small, isolated farmers and
to religious expression, stand out as Bedouins. It is worth noting that, owing to
particularly offensive and pose the danger of their great number and the poor living
exacerbating one of the most sensitive conditions in the camps, Palestinian refugees
dimensions of the conflict. are most affected by negative economic
pressures and political unrest, and are
Collective punishment central to any development of the situation.
26. The closure and isolation of Local perceptions

communities has been recognized as a type
of collective punishment that contravenes 29. In general, respondents identified one
the Fourth Geneva Convention, as does the of the main causes of the recent Palestinian
demolition of homes and destruction of protests as accumulated frustration at the
public property and facilities. Preventing perceived shortcomings of the Oslo process,
workers from having access to their source both as to content and implementation, and
of livelihood also stands as a violation of notably its failure to uphold human rights
this humanitarian law principle. These acts and humanitarian norms. Both the local
not only result in the loss of livelihood Palestinian and Israeli interlocutors
arising from denial of the right to work, but consulted emphasized to the Special
also in the loss of public goods and services Rapporteur that none of the concerned
from the destruction of municipal facilities parties could possibly not be cognizant of
and public utilities, as noted above. the E/CN.4/S-5/3
Vulnerable groups [Page 7]
27. In addition to those directly affected danger inherent in this failure: the
by the use of force, particular segments of people in the street, Israeli intelligence, the
the Palestinian population deserve special Commission on Human Rights, the various
attention because of their vulnerability. treaty bodies, the General Assembly, the
Children in general constitute a particularly Special Rapporteur, the Palestinian
vulnerable category as they are the least Authority. They lamented that, in spite of
equipped to cope with the psychological and that, no corrective action had been taken.
other pressures of the situation and are thus
often in particular need of medical attention. 30. Under the circumstances, all the local
They may also suffer from trauma and parties reiterated their disappointment at the
unrest within the family. Women suffer international community’s apparent lack of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
will to take substantive measures to uphold Respondents also conveyed the hope that the
the rights of Palestinians. Moreover, they losses arising from these tragic events would
uniformly deplored the double standard that not have been incurred in vain. Rather they
has applied to the occupied Palestinian expressed the hope that a correct reading of
territories of tolerating or facilitating the the meaning of recent events would inspire
Israeli occupation authorities’ unbroken the establishment of a fairer process capable
pattern of violations. In particular, they point of leading to a durable peace.
out the contradiction between the standards
established by the United Nations and the Conclusions and recommendations
simultaneous ineffectiveness of the United
Nations in upholding its own principles. A 32. Quite apart from any debate over the
number of common demands were particular spark that ignited the unrest and
forcefully put forward by practically all confrontation, the Special Rapporteur
interlocutors for the following needed remains convinced that the current conflict
corrective action: The de jure has its roots in accumulated grievances and
implementation of applicable humanitarian resentment at the continuing violations of
law and human rights standards, including human rights and humanitarian norms under
the Fourth Geneva Convention of 1949 and Israeli occupation. E/CN.4/S-5/3
the principal human rights treaties; The
prompt formation and dispatch of a [Page 8]
commission of inquiry with competence to
establish responsibility for violations 33. The Special Rapporteur is
committed by the occupying Power. A particularly concerned that any progress at
number of interlocutors recommended confidence building that had been made may
measures comparable to those taken in the be irretrievably lost, as augured by the rapid
case of East Timor; Any peace agreement polarization that is taking place on both
should be subject to the scrutiny and sides and at all levels of Palestinian and
guarantee of a competent body empowered Israeli society. This signals the urgent need
to review its consistency with human rights for the adoption of measures towards
and humanitarian law, including United restoring confidence and rekindling hope in
Nations resolutions on Palestine (for the peace process. One indispensable
example, General Assembly resolution 194 ingredient for achieving that is the
(III) with respect to repatriation and establishment of a human rights framework.
compensation); The International
Committee of the Red Cross should urgently 34. As pointed out in the Special
increase its presence as a measure of Rapporteur’s previous report to the
physical protection; International observers Commission, this prerequisite is the sine qua
and/or an interposition force should be non of any meaningful and durable peace. In
established to ensure the physical protection addition to their cogency, these norms, once
of the population of the occupied territories; genuinely accepted, would alone allow the
The relevant thematic special rapporteurs sense of confidence and security that would
should give special attention to the occupied make possible the acceptance of the
Palestinian territories. indispensable and painful compromises
necessary.
31. The grievances expressed were not
devoid of a certain positive underpinning.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
35. With this in mind, the Special
Rapporteur offers the following
recommendations for urgent action:
That the occupying Power immediately

issue orders to all its forces, civilian or
military, consistent with international
humanitarian norms;
That those orders be rigorously

implemented and that the appropriate
training be provided when required;
That a permanent mechanism be

established to ensure that the orders are
followed and, when they are not, to
determine accountability, assign punishment
and redress violations;
That, to ensure the credibility of the

peace process, an Ombudsman-type
mechanism be established to process
complaints, building on the experience of
similar measures adopted in other conflict
situations;
That an observer and/or guarantor body

be established that, by its very presence and
neutrality, would serve to build up a sense of
security and confidence on both sides;
The Special Rapporteur supports the idea

of establishing a mechanism for a speedy
and objective inquiry into the ongoing crisis,
the importance of which was stressed by the
Security Council in its resolution 1322
(2000).
36. Adopting these measures would meet UNITED NATIONS E Economic and Social
the most immediate needs and might afford Council Distr. GENERAL E/CN.4/2002/32
all the parties a way out of the current 6 March 2002
impasse. However, they should not supplant
the broader task that lies ahead, which Original: ENGLISH
involves relaunching a peace process that
would include the appropriate human rights COMMISSION ON HUMAN RIGHTS
framework. ----- Fifty-eighth session
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
IX. ECONOMIC AND SOCIAL
Item 8 of the provisional agenda DISTRESS 35 - 38 14
QUESTION OF THE VIOLATION OF
HUMAN RIGHTS IN THE OCCUPIED X. REFUGEES 3 9 15
ARAB TERRITORIES, INCLUDING
PALESTINE XI. CHILDREN 40 - 47 16
Report of the Special Rapporteur of the XII. CHILDREN AND THE

Commission on Human Rights, Mr. John ADMINISTRATION
Dugard, on the situation of human rights in OF JUSTICE .. 48 - 53 18
the Palestinian territories occupied by Israel
since 1967 XIII. CONCLUSIONS AND
RECOMMENDATIONS . 54 - 58 19
GE.02-11269 (E) 110302 E/CN.4/2002/32
E/CN.4/2002/32
[Page 2]
CONTENTS
[Page 3]
by Paragraphs and Page
Executive summary
Executive summary 3
The Special Rapporteur’s interpretation
I. INTRODUCTION 1-64 of his mandate, as being to investigate
violations of international humanitarian law
II. THE MANDATE OF THE SPECIAL and human rights in the context of military
RAPPORTEUR 7 - 10 5 occupation, has been challenged by the
Government of Israel in document
III. OCCUPATION AND E/CN.4/2002/129. The Special Rapporteur
TERRORISM . 11 - 15 7 requests the Commission to give a ruling on
this matter.
IV. VIOLENCE AND
LOSS OF LIFE 16 - 22 9 There are different perceptions of the
cause of the violence in the Palestinian
V. SETTLEMENTS 23 - 27 12 Territory. Palestinians see the military
occupation of their territory as the principal
VI. BUFFER ZONES 28 13 cause of the present crisis. Israelis, on the
other hand, see terrorism as the cause of the
VII. DEMOLITION OF HOUSES AND crisis. Terrorism is a scourge that threatens
DESTRUCTION Israelis and Palestinians alike and every
effort should be made to bring terrorism to
OF PROPERTY 29 - 32 13 an end, whether it is perpetrated by
instruments of the State, by organized non-
VIII. RESTRICTIONS ON State groups or by individuals. At the same
FREEDOM OF MOVEMENT 33 - 34 14 time, it is important to stress that the main
explanation for the acts of terrorism
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
committed by Palestinians against Israelis is large areas of agricultural land by
the military occupation. It is this occupation bulldozers.
that is responsible for most of the violations
of humanitarian law and human rights in the Israel’s restrictions on freedom of
region. movement, resulting from checkpoints, have
caused great personal, social and economic
Since the start of the second intifada, in hardships to civilians in no way involved in
September 2000, nearly 1,000 Palestinians the conflict. They constitute collective
have been killed and about 17,300 injured. punishment of the kind prohibited by article
More than 260 Israelis have been killed and 33 of the Fourth Geneva Convention.
about 2,400 injured. Most of those killed
and injured have been civilians, many of Children have suffered greatly in the
them children. Violence is escalating rapidly present crisis. Every effort should be made
in the region as both parties to the conflict by the Israeli military authorities to ensure
employ more dangerous weaponry and show that the safety and welfare of schools and
more determination in causing harm to life schoolchildren are respected. It is further
and property. In this situation, initiatives for recommended that an investigation be
a ceasefire or a cessation of violence as a conducted into allegations of inhuman
precondition for the resumption of talks treatment of children under the military
between Israelis and Palestinians seem justice system and that immediate steps be
doomed to fail. Only an effective taken to remedy this situation.
international presence in the region with the
power to monitor and reduce the use of [Page 4]
violence can achieve this goal. The Special
Rapporteur therefore believes that there is a I. INTRODUCTION
need for an international peacekeeping
mission, structured and composed to meet 1. The current Special Rapporteur, John
the circumstances of the region. Dugard (South Africa), was appointed in
July 2001. In August 2001 and in February
Settlements are an ever-visible and 2002 the Special Rapporteur undertook
aggravating sign of occupation and of missions to the Occupied Palestinian
Israel’s illegal conduct as an Occupying Territory and Israel. Meetings were held
Power. Although Israel has undertaken not with Palestinian and Israeli non-
to establish new settlements, the existing governmental organizations, Palestinian and
settlements are expanding both in terms of Israeli interlocutors, international agencies
land and settlers. in the region and members of the Palestinian
Authority, including the President of the
The demolition of houses in the Palestinian Authority, Yasser Arafat.
Palestinian Territory continues unabated. In Unfortunately, the Special Rapporteur was
the Gaza Strip alone, over 400 houses have not able to meet with Israeli authorities as
been completely destroyed and 200 the Government of Israel made it clear at the
seriously damaged, leaving over 5,000 outset when he was appointed that it would
persons homeless. Moreover, the creation of not cooperate because of objections it has to
buffer zones for bypass roads and the terms of his mandate. (This matter is
settlements has resulted in the ‘sweeping’ of discussed below.) On these missions, the
Special Rapporteur met with interlocutors in
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
the Gaza Strip, Jerusalem and the West Commission is contained in document
Bank. In August 2001 the Special E/CN.4/2001/121.
Rapporteur visited Rafah, Beit Jala and
Shu’afat to see the destruction caused to 5. The present report is based on the
houses and property, and Jericho to examine visits made to the area in August 2001 and
the manner in which the city had been February 2002, consultation and discussion
closed by means of trenches cutting off with persons in and outside the area, the
access roads. In February 2002, he again study of materials on the situation in the
visited Rafah to see the house demolitions Occupied Palestinian Territory and wide
carried out by the Israel Defense Forces media coverage.
(IDF) in January 2002.
6. In October 2001 the Special
2. In February 2002 the Special Rapporteur submitted a report, based on his
Rapporteur made a special study of the visit to the region in August 2001, to the
impact of the present crisis on children. Third Committee of the General Assembly.
Meetings were accordingly held with The report, contained in document
education officials of the Ministry of A/56/440, was duly considered by the Third
Education of the Palestinian Authority, Committee in November 2001. On 7
school principals and teachers, university December 2001 the Government of Israel
authorities and non-governmental submitted a response to this report: see
organizations concerned with the treatment document E/CN.4/2002/129. The criticisms
of child prisoners. The Special Rapporteur contained in this response and the Special
visited the University of Bir Zeit and the Al- Rapporteur’s reply to these criticisms are
Khader school in the district of Bethlehem dealt with in the present report.
and interviewed juveniles who testified
about ill-treatment they had been subjected [Page 5]
to when they had been arrested and detained
by the Israeli authorities. II. THE MANDATE OF THE SPECIAL
RAPPORTEUR
3. While the Special Rapporteur was in
Gaza on 10 and 11 February 2002, Gaza 7. The mandate of the Special
City was subjected to heavy bombing, which Rapporteur is to be found in two resolutions
caused extensive damage to offices of the of the Commission on Human Rights. In
United Nations Special Coordinator resolution 1993/2, section A, the
(UNSCO) in Gaza. The Special Rapporteur Commission decided to appoint a special
was thus able to experience at first hand the rapporteur with the following mandate: (a)
military assaults to which the Palestinian To investigate Israel’s violations of the
people are regularly subjected. principles and bases of international law,
international humanitarian law and the
4. In February 2001, the Special Geneva Convention relative to the
Rapporteur visited the area as the Protection of Civilian Persons in Time of
chairperson of the Human Rights Inquiry War, of 12 August 1949, in the Palestinian
Commission established pursuant to territories occupied by Israel since 1967; (b)
Commission on Human Rights resolution S- To receive communications, to hear
5/1 of 19 October 2000. The report of this witnesses, and to use such modalities of
procedure as he may deem necessary for his
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
mandate; (c) To report, with his conclusions Occupied Palestinian Territories which makes
and recommendations, to the Commission the mandate of the Special Rapporteur unusual
and which distinguishes it from other special
on Human Rights at its future sessions, until rapporteurships established by the
the end of the Israeli occupation of those Commission on Human Rights (para. 5).
territories. In resolution 2001/7, the
Commission welcomed the [Page 6]
recommendations contained in the reports of
the High Commissioner for Human Rights 9. The Government of Israel has raised a
(E/CN.4/2001/114) and the Human Rights number of objections to this reasoning,
Inquiry Commission (E/CN.4/2001/121), which it claims has resulted in an
urged the Government of Israel to unprecedented expansive interpretation of
implement them and requested the Special the mandate. These objections and the
Rapporteur on the situation of human rights responses thereto appear below: (a)
in the Palestinian territories occupied since Objection: it is inaccurate to describe the
1967, acting as a monitoring mechanism, to situation in the Palestinian Territory as one
follow up on the implementation of those of military occupation on the ground that
recommendations and to submit reports since the implementation of the Oslo
thereon to the General Assembly at its fifty- Accords (A/51/889-S/1997/357, annex) and
sixth session and the Commission at its related agreements the control of the lives of
fifty-eighth session. 8. In his report of over 98 per cent of the Palestinians has
October 2001 (A/56/440), the Special passed to the Palestinian Authority, which
Rapporteur stated that his mandate required now has full control over the so-called A
him to investigate human rights violations in areas which include most Palestinian cities
the Occupied Palestinian Territory within and towns. Response: While it is true that
the context of military occupation. In many powers have been transferred by Israel
support of this interpretation of the mandate, to the Palestinian Authority - including the
he reasoned as follows: important area of the administration of
justice, in which most violations of human
Resolution 1993/2, section A makes it rights occur - the reality is that Israel not
clear that the Special Rapporteur is required to
investigate violations of international
only has the power to intervene in the
humanitarian law committed by the occupying occupied territories, including those
authority - Israel - until the end of the Israeli designated as A areas, on grounds of
occupation of the Occupied Palestinian security, but that it has in fact done so in
Territories. There is a close connection recent months. The denial that Israel is in
between international humanitarian law and
human rights - a connection reaffirmed by the
military occupation of the territories is
General Assembly in its resolution 2675 impossible to reconcile with recent military
(XXV). It is therefore impossible to examine incursions into Ramallah, Bethlehem, Gaza,
violations of international humanitarian law or Beit Jala, Beit Rima and Tulkarem, the
general international law without reference to presence of Israeli tanks outside President
human rights norms, particularly in a situation
of prolonged occupation of the kind that
Arafat’s headquarters in Ramallah and over
continues to prevail in the Occupied 150 military checkpoints in the occupied
Palestinian Territories. The mandate therefore territories that have seriously disrupted the
includes the investigation of human rights lives of Palestinians living in the A areas.
violations committed by Israel in the Moreover, it takes no account of article 47
Occupied Palestinian Territories, but only in
the context of military occupation. It is the
of the Fourth Geneva Convention, which
prolonged military occupation of the provides that protected persons in an
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
occupied territory shall not be deprived “in
any case or in any manner whatsoever” of [Page 7]
the benefits of the Convention by any
change to the government of the territory protected in article 27. This is borne out
resulting from an agreement concluded by repeated resolutions of the General
between the authorities of the occupied Assembly (for example, resolution 2675
territories and the Occupying Power. (b) (XXV)) and by the Vienna Declaration
Objection: International humanitarian law adopted by the World Conference on Human
and human rights law are “subject to Rights in 1993, which declared that:
separate international regimes”. The close “Effective international measures to
connection between the two “does not imply guarantee and monitor the implementation
that the area of humanitarian law cannot be of human rights standards should be taken in
investigated without extending the mandate respect of people under foreign occupation,
of the Special Rapporteur to cover human and effective legal protection against the
rights law”. Response: The purpose of the violation of their human rights should be
principal international instrument concerned provided, in accordance with human rights
with the protection of civilians under norms and international law, particularly the
military occupation, the Fourth Geneva Geneva Convention relative to the
Convention of 1949, is to ensure respect for Protection of Civilian Persons in Time of
the human rights of protected persons. This War, of 14 August 1949, and other
is made clear by article 27 of the applicable norms of humanitarian law.” (c)
Convention, which provides that the Objection: In the case of a prolonged
Occupying Power is to respect the occupation, such as that of the Palestinian
fundamental rights of protected persons. territories, the law of occupation envisages
According to the Commentary of the that “the Occupying Power will not become
International Committee of the Red Cross on more bound, but less bound by the legal
this provision: “The right to respect for the regime”. In support of this contention, the
person must be understood in its widest Government of Israel cites the commentary
sense: it covers all the rights of the of the International Committee of the Red
individual, that is, the rights and qualities Cross on article 6 of the Fourth Geneva
which are inseparable from the human being Convention to the effect that if the
by the very fact of his existence and his occupation continues for a prolonged period
mental and physical powers; it includes, in after the general cessation of hostilities, “a
particular, the right to physical, moral and time would doubtless come when the
intellectual integrity - an essential attribute application of the Convention was no longer
of the human person” (p. 201). The “rights justified, especially if most of the
of the individual” have been proclaimed, governmental and administrative duties
described and interpreted in international carried out at one time by the Occupying
human rights instruments, particularly the Power had been handed over to the
international covenants on civil and political authorities of the occupied territory” p. 62).
rights, and economic, social and cultural Response: Unfortunately the time has not
rights of 1966, and in the jurisprudence of come in the Occupied Palestinian Territory
their monitoring bodies. These human rights when the application of the Convention is no
instruments therefore complement the longer or less justified. The transfer of
Fourth Geneva Convention by defining and governmental and administrative powers to
giving content to the rights the Palestinian Authority in A areas has not
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
diminished the need for the protection of the [Page 8]
people of the territories from the Occupying
Power for the reasons set out in the present from the skies; tanks parade through
report. This was made clear in the cities under the administrative control of the
Declaration adopted on 5 December 2001 by Palestinian Authority; fighter jets and
the High Contracting Parties to the Fourth helicopters patrol the skies and terrorize the
Geneva Convention, which reaffirms the people with their shelling; and Israeli settlers
applicability of the Convention to the drive along special roads, accompanied by
Occupied Palestinian Territory and reiterates military convoys, to settlements that seem to
“the need for the full respect for the grow and grow. It is small wonder,
provision of the said Convention in that therefore, that Palestinians see the military
Territory” (para. 3). occupation as the denial of their dignity, as
an obstacle in the way of Palestinian
10. The Government of Israel has raised statehood and as the source of violence in
a number of serious objections to the Special the region.
Rapporteur’s interpretation of his mandate
which call for attention. The Special 12. The Israeli perception is very
Rapporteur requests that the Commission different. Israelis see terrorism as the cause
consider this matter at its session in 2002 of the crisis. Suicide bombers who enter
and issue a directive on the subject so that Israeli shopping districts, suburbs and
the scope of the present mandate is not in settlements, snipers who shoot at passing
dispute. traffic, and gangs who stab pedestrians in
the parks have instilled a sense of fear into
all Israelis. There is no guarantee of safety
III. OCCUPATION AND TERRORISM on the streets or roads, in shopping malls,
restaurants or nightclubs. Palestinian
11. There are different perceptions of the violence is not seen as a response to Israeli
cause of the violence in the region. military occupation of the Palestinian
Palestinians see the military occupation of Territory but as terror directed at the very
their territory as the principal cause of the existence of the State of Israel.
present crisis. Every Palestinian is today
personally and directly affected by the 13. Since 11 September, international
occupation: freedom of movement is support for the belief that terrorism is the
seriously impeded by Israeli military main problem to be confronted in the region
roadblocks (checkpoints) that have has inevitably grown. That terrorism is a
transformed short journeys into major threat to the present world order cannot, and
excursions; the standard of living has been should not, be denied. That terrorism is a
drastically lowered by the closure/blockade scourge that threatens Israelis and
of cities and towns and the livelihood of Palestinians alike cannot and should not be
many is threatened; education has been denied. Every effort should be made to end
seriously disrupted and health care violence intended or calculated to create a
undermined; homes have been demolished state of terror in the minds of particular
and agricultural land “swept” by bulldozers; persons or the general public, whether it is
militants (and innocent bystanders) are perpetrated by instruments of the State, by
killed by rockets organized non-State groups or by
individuals.1 At the same time, it is
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
important not to ignore the main explanation would refuse to continue serving in the
for the acts of terrorism committed by Palestinian Territory: “We will no longer
Palestinians against Israelis - the military fight beyond the Green Line for the purpose
occupation. It is the occupation of the of occupying, deporting, destroying,
Palestinian Territory that gives rise to blockading, killing, starving and humiliating
savage acts of violence, highlighted by an entire people” (International Herald
suicide bombings. The occupation also has Tribune, 29 January 2002). Support for this
other, less obvious, consequences for the position is growing daily (International
occupier. As Mr. Avraham Burg, the Israeli Herald Tribune, 20 February 2002).
parliamentary speaker, stated in the Knesset
on 28 January 2002: “An occupying people, 14. It is against this background that it is
even if it was led into being an occupier necessary to reiterate that it is the military
against its will, ends up being harmed by the occupation of the Palestinian Territory that
occupation and its stains, which change and is responsible for most of the violations of
disfigure it. We should not forget that the humanitarian law and human rights
jailer and his prisoner remain locked up for described in this report. Similarly it is
most of the day behind the same walls and necessary to recall the applicability of the
without hope. To put it in other, more stark Fourth Geneva Convention as the governing
terms, respected members, the occupation law. On 5 December 2001, the High
corrupts.” 1 In document E/CN.4/2002/129 Contracting Parties to the Fourth Geneva
the Government of Israel criticizes the Convention reaffirmed the applicability of
Special Rapporteur for referring to this Convention to the Occupied Palestinian
“emerging norms of international law” Territory, reiterated the need for full respect
prohibiting terrorism. Exception is for the provision of the Convention and
apparently taken to the word “emerging”. In recalled the obligations under the
response the Special Rapporteur wishes to Convention of the parties to the conflict and
point out that while the international of the State of Israel as the Occupying
community has succeeded in criminalizing Power.
by treaty species of terrorism such as
hijacking, aerial sabotage, hostage-taking, 15. The Israeli argument that it is no
offences against diplomats, seizure of longer the Occupying Power in respect of
aircraft and terrorist bombing, it has not yet the A areas of the Palestinian Territory,
agreed on a comprehensive definition of accounting for 98 per cent of the population,
terrorism. Indeed this issue is currently is not supported by the facts on the ground.
before the Sixth (legal) Committee of the The harsh realities of occupation - shelling,
General Assembly, where the debate over tanks and roadblocks - are evident in the A
the response to State terror continues to areas, as well as in other areas of the
create definitional difficulties. Palestinian Territory. The Palestinian
Authority may have powers of
[Page 9] administration and local government but
ultimately Israel has effective control over
This reminder of the consequences of the lives of Palestinians throughout the
occupation for the occupier was echoed in a Territory. According to article 42 of the
statement by 60 Israeli army reservists, half Hague Regulation of 1907, occupation
of them officers and all of them combat extends only to the territory where the
veterans, when they announced that they authority of the hostile army “has been
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
established and can be exercised”. It cannot 18. It is difficult to categorize the present
seriously be suggested that this threshold has conflict. At times it assumes the character of
not in recent months been reached in the a law enforcement action by the IDF. But at
Palestinian Territory. others it probably qualifies as an armed
conflict as a result of the protracted armed
IV. VIOLENCE AND LOSS OF LIFE violence between the IDF and Palestinian
militia (in the language of the Prosecutor v.
16. Since the start of the second intifada, Tadic, International Criminal Tribunal for
in September 2000, nearly 1,000 the Former Yugoslavia, reported in (1996)
Palestinians have been killed and about 35 International Legal Materials, at p. 54).
17,300 injured. More than 260 Israelis have In the case of such a conflict both parties are
been killed and about 2,400 injured. Most of obliged to respect the rules of international
those killed and injured have been civilians, humanitarian law. Hence the call by High
many of them children. Contracting Parties to the Fourth Geneva
Convention on 5 December 2001 to both
17. The first few months of the second parties to the conflict to: “ensure respect for
intifada were characterized by violent and protection of the civilian population and
clashes between Palestinian protesters, civilian objects and to distinguish at all
whose weapons were stones and molotov times between the civilian population and
cocktails, and the IDF. Most deaths and combatants and between civilian objects and
injuries were the result of gunfire from the military objectives. They also call upon the
IDF. In its report, the Human Rights Inquiry parties to abstain from any measures of
Commission found that the Israel Defense brutality and violence against the civilian
Forces had responded in a disproportionate population whether applied by civilian or
manner to protesters and were guilty of military agents and to abstain from exposing
excessive use of force (E/CN.4/2001/121, the civilian population to military
paras. 44-52). Since then, the situation has operations”.
changed radically as the Palestinians have
moved from protest to armed force and the 19. Both Israelis and Palestinians have
Israelis have responded by using heavier violated important norms of humanitarian
weaponry. Today, most Palestinian deaths law and international law as the
have resulted from missile attacks directed confrontation has changed its character.
at selected individuals suspected of Israel’s freely acknowledged practice of
selected assassination or targeted killings of
[Page 10] Palestinian activists, which has resulted in
the killing of some 60 persons, cannot be
terrorism (but which, inevitably, have reconciled with provisions of the Fourth
also killed innocent bystanders), shelling Geneva Convention, such as articles 27 and
and shootings carried out by soldiers and 32, which seek to protect the lives of
settlers, often after an exchange of gunfire. protected persons not taking a direct part in
Israeli deaths have largely been caused by hostilities. They also violate human rights
terrorist bombs in Israel itself and by gunfire norms that affirm the right to life and the
directed at settlers on bypass roads or in the prohibition on execution of civilians without
proximity of settlements. trial and a fair judicial process. There is no
basis for killing protected persons on the
basis of suspicion that they have engaged or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
will engage in terroristic activities. In murder of Israelis or to detain those
addition, many civilians not suspected of suspected of being responsible for acts of
any unlawful activity have been killed in terrorism in Israel. This complaint, which
these targeted killings, in the bombing of features prominently in the Western media,
towns and villages or in gunfire exchanges, is used as a justification for refusing to
in circumstances indicating an resume negotiations with the Palestinians.
indiscriminate and disproportionate use of Yet Israel is itself at fault in this respect as it
force. too, with its sophisticated police apparatus,
has failed to apprehend settler vigilantes
20. The force employed by Palestinians responsible for killing Palestinian civilians
is also contrary to the norms of international or to prosecute members of the armed forces
law. The shooting of settlers cannot be guilty of the indiscriminate use of force. In
justified. Despite the fact that the the wake of the killing of a Palestinian
settlements violate article 49 (6) of the family at Idna in July 2001, an Israeli
Fourth Geneva Convention, and the fact that columnist, Gideon Levy, wrote in Ha’aretz
the settlers’ presence in the Occupied on the subject of the Israeli restraint in
Palestinian Territories is illegal, settlers taking action against those responsible for
remain civilians and cannot be treated as atrocities against Palestinians: “In a time of
combatants, unless, of course, they are increasing Palestinian terror, no day passes
engaged as soldiers in the Israel Defense without pogroms by settlers, and the police,
Forces or in vigilante-type military the Israel Defense Forces and the other
operations. (The growing militarization of security forces stand there, sometimes
settlements and settlers is to be deplored as closing their eyes and sometimes winking …
it encourages the belief that force may be The restraint over actions by the extreme
used against settlers.) Indiscriminate attacks right includes all governmental authorities:
against civilians, including bomb attacks the police, the IDF, the Shin Bet, the courts
carried out by suicide bombers, intended to and the authorities that grant pardons. It is a
create a state of terror among the civilian dangerous restraint, whose putrid fruits led
population, violate norms of humanitarian to the most recent murder at Idna: the
law and general international law. The persons who carried it out believed that their
extent to which these actions are subject to chances of getting caught were infinitesimal
the control of the Palestinian Authority is … The restraint … undermines Israeli
uncertain. There is, however, no doubt that it arguments regarding the PA’s inability to
could do more to prevent the shooting of fight terror: it is a little hard to complain
settlers and the culture of violence that about the ‘revolving door’, the lack of
produces suicide bombers. arrests and failure to prevent terror at a time
that Israel, a sovereign State rich in security
[Page 11] apparatuses, does the same thing when it
comes to its own, home grown terror.” (22
21. An unfortunate feature of the present July 2001)
situation is the failure of both parties to the
conflict to investigate atrocities and to 22. Violence is escalating rapidly in the
prosecute and punish those responsible. region. Israel, with its arsenal of
Israel regularly, and with justification, sophisticated weaponry, is taking tougher
castigates the Palestinian Authority for its measures against Palestinians and
failure to arrest those responsible for the Palestinian targets. F 16 fighter aircraft and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Apache helicopters patrol the skies; heavier V. SETTLEMENTS
bombs pound Palestinian targets; bulldozers
plough through more buildings; tanks parade 23. The international community is
through A area towns; and the military united in its categorization of Jewish
presence at roadblocks intensifies. The settlements in the West Bank and Gaza as
Palestinian response is equally tough: while contrary to article 49 (6) of the Fourth
suicide bombers have created terror in the Geneva Convention, which prohibits an
Israeli heartland, militarized groups armed Occupying Power from transferring parts of
with rifles, mortars and Kassam-2 rockets its own civilian population into the territory
confront the IDF with new determination, it occupies. In numerous resolutions the
daring and success. In this situation, calls for Security Council and the General Assembly
a ceasefire or a cessation of violence as a have condemned the settlements as illegal
precondition for the resumption of talks and in their Declaration of 5 December
between Israelis and Palestinians are 2002, the High Contracting Parties to the
doomed to fail. Only an effective Fourth Geneva Convention reaffirmed this
international presence in the region with the position.
power to monitor and reduce the use of
violence can achieve this goal. The Special 24. Today, there are some 190
Rapporteur is aware of Israel’s objections to settlements in the West Bank and Gaza,
such a proposal: memories of the withdrawal inhabited by approximately 390,000 settlers,
of the United Nations Emergency Force of whom some 180,000 live in the East
(UNEF) from the Egyptian border facing Jerusalem area. Settlements are linked to
Israel in 1967; the fear that a United Nations each other and Israel by a vast system of
force will be able to curb Israeli bypass roads (from which Palestinian
conventional violence, but not Palestinian vehicles are excluded), which have a 50- to
suicide bombers and snipers; and, above all, 75-metre buffer zone on each side of the
the argument that this will “internationalize” road in which no building is permitted.
the conflict. United Nations peacekeeping These settlements and roads, which separate
operations have not met with success on all Palestinian communities and deprive
occasions. This no one can deny. On the Palestinians of agricultural land have
other hand, they have served to reduce fragmented both land and people. In effect,
tensions in many conflicts and, ultimately, to they foreclose the possibility of a Palestinian
restore peace. The present conflict is already State as they destroy the territorial integrity
international in the sense that it is one of the Palestinian Territory.
between a State and a nascent State, with
many of the characteristics of statehood. The 25. The relationship between settlers and
danger is that it will draw in other States in Palestinians is an unhappy one and each side
the region. If this is to be avoided and the views the other with hostility, anger and
level of violence brought under control, it suspicion. Protected by the Israeli military,
seems that there is no alternative to an and exempt from the jurisdiction of the
international peacekeeping mission, courts of the Palestinian Authority, settlers
structured and composed to meet the special have committed numerous acts of violence
circumstances of the region. against Palestinians and destroyed
Palestinian agricultural land and property.
[Page 12] Since the beginning of the second intifada,
incidents of settler violence have
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
dramatically increased. Palestinian hostility VI. BUFFER ZONES 28. A new form
towards settlers has grown alarmingly since of Israeli territorial expansion in the
the start of this intifada and most of the Occupied Palestinian Territory is the
Israelis killed in the present conflict have security buffer zone along the green line in
been settlers or soldiers charged with the the northern West Bank near to Jenin. This
task of protecting settlements and roads zone, ranging in width from a few metres to
leading to settlements. several kilometres, is closed to non-
residents. It is likely that the IDF will make
26. That peace is impossible without a greater use of such zones in future. This was
complete freeze on all settlement activity promised by Prime Minister Sharon in an
was emphasized by the “Mitchell report” of address to the Israeli nation on 21 February
20 May 2001 (report of the Sharm El Sheikh 2002.
Fact-finding Committee). The response of
the Government of Israel to that VII. DEMOLITION OF HOUSES AND
recommendation was far from satisfactory. DESTRUCTION OF PROPERTY
It declared that “it is already part of the
policy of the Government of Israel not to 29. The demolition of houses in the
establish new settlements. At the same time, Palestinian Territory, either for security
the current and everyday needs of the purposes (as in Rafah) or for administrative
development of such communities must be reasons (as in Shu’afat) continues unabated.
taken into account”. In other words, the In the Gaza Strip alone, over 400 houses
“natural growth” of the settlements will have been completely destroyed, while a
continue. further 200 have been seriously damaged,
leaving over 5,000 persons homeless. On 10
27. The evidence of the continued January 2002, 60 houses were completely
expansion of settlement activity is all too demolished in the refugee camp of Rafah,
clear. During his visits, the Special rendering 614 persons homeless. The
Rapporteur saw evidence of this in the form Special Rapporteur visited the site of the
of construction activity in the settlements of demolished houses in Rafah in both August
Har Homa and Pisgat Ze’ev and in the 2001 and February 2002. He also visited
extension of the buffer zones adjacent to demolished houses in Shu’afat and saw the
bypass/settler roads in the Gaza Strip. He damage caused to homes by Israeli shelling
also received evidence of the growth in the in Beit Jala.
number of housing units, the expansion of
the territorial limits of settlements by means 30. The demolition of houses generally
of caravan outposts established adjacent to takes place in the middle of the night,
settlements, and of an increase in the settler without warning being given to residents.
population in the West Bank and Gaza from The following account of a house demolition
203,067 in December 2000 to 205,015 in given by a resident of Rafah captures the
June 2001. Generous tax breaks and cheap horror of such an event: “On Thursday [10
housing in the settlements ensure that their January], I was woken at about 2 a.m. by the
growth will continue. sound of tanks and bulldozers that had come
from the direction of the Israeli army post. I
[Page 13] got out of bed and saw that my sons had also
woken up. The bulldozers were approaching
the house and we decided to leave
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immediately. We woke up the others and got been demolished for genuine security
out. We managed to proceed a few metres reasons, the extent of the damage and the
when three bulldozers reached the house. evidence of witnesses suggests that the
Immediately, one of them started to destruction of houses in many instances is
demolish the house. I stood in the rain for a not “rendered absolutely necessary by
few moments, unable to believe that I military operations” (as required by article
wouldn’t ever see my house again. The 53 of the Fourth Geneva Convention) and
children were screaming and one of them instead constitutes collective punishment
asked me to run away because he was afraid (prohibited by article 33 of the Convention).
I would get hurt. We fled to the adjacent Violation of these norms carries with it not
street. I stood there with my wife, children, only a criminal sanction but also a duty to
grandchildren and others in my family and compensate the victim.
watched for 10 minutes as the bulldozer
destroyed our house.” (B’Tselem, “Israel’s 32. The creation of buffer zones for
policy of house demolitions and destruction bypass roads and settlements has resulted in
of agricultural land in the Gaza Strip”, the “sweeping” of large areas of agricultural
February 2002). It must be recalled that land by bulldozers. A total of 285,808 fruit
most persons affected by such demolitions and olive trees have been uprooted, and
are refugees from the 1948 war. For them it wells and agricultural constructions have
represents the elimination of yet another been destroyed. Lasting harm has been done
home. No compensation is paid by Israel. to the environment by these acts of
destruction, designed to secure the comfort
31. The practice of house demolitions and security of illegal settlements.
has serious legal consequences. First, it may,
according to the Committee against Torture, VIII. RESTRICTIONS ON FREEDOM
in certain instances amount to cruel, OF MOVEMENT
inhuman or degrading treatment or
punishment in breach of article 16 of the 33. Since 29 September 2000, Israel has
Convention against Torture and Other Cruel, imposed severe restrictions on freedom of
Inhuman, Degrading Treatment or movement in the occupied territories.
Punishment, which Israel ratified in 1991 International borders with Egypt and Jordan
(Conclusions and recommendations of the have been frequently closed; the Gaza Strip
Committee against Torture of November has been sealed off from the rest of the
2001 on the third periodic report of Israel). Palestinian Territory; Gaza Airport has been
Secondly, it may, in terms of article 147 of closed and damaged; travel within Gaza is
the Fourth Geneva frequently obstructed by the closure of the
road between north and south; and over a
[Page 14] hundred checkpoints have been placed on
roads in the West Bank. In the West Bank,
Convention, constitute a grave breach of the Israel Defense Forces have placed
the Convention, involving penal checkpoints at the entrances to villages and
consequences where it constitutes “an entry and exit are often possible only via dirt
extensive destruction … of property, not roads, entailing enormous hardships. Trips
justified by military necessity and carried that once took 15 minutes now take several
out unlawfully and wantonly”. While there hours. In some of the villages, mostly in
are doubtless instances in which houses have areas near settlements and bypass roads, the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
dirt roads have also been blocked with large denial of access to their places of work in
concrete blocks and piles of dirt, and Israel to an estimated 115,000 Palestinians.
residents are imprisoned in their villages. In The economic results have been devastating:
August 2001, the Special Rapporteur visited the families of these workers are now
the city of Jericho, which has been encircled suffering from a complete lack of income,
by a deep trench to deny vehicles access to threatening them with destitution. Thirty-six
the city except through an IDF checkpoint. per cent of the Palestinian workforce is now
unemployed, compared with 20 per cent
34. Road checkpoints have become a before the start of the intifada. Fifty per cent
regular feature of Palestinian life. of Palestinians live below the poverty line of
Palestinians are obliged to wait for lengthy US$ 2 per day, more than double the
periods while Israeli soldiers check vehicles poverty rate before the intifada. There has
and inspect identity documents. In order to been a decrease in the per capita income of
avoid these delays Palestinians often 47 per cent; and 45,000 households are
abandon their cars or leave their taxi and classified as special hardship cases requiring
cross the checkpoint on foot to catch a taxi emergency assistance registered with the
on the other side of the checkpoint. This Palestinian Authority’s Ministry of Social
practice suggests that the purpose of this Affairs. UNSCO estimates that the total
exercise is not to prevent security risks from income losses to the Palestinian economy
crossing checkpoints that lead to Israel, as during the period 1 October 2000 to 31
any such person may walk around the December 2001 range between US$ 3.1 and
checkpoint carrying heavy baggage. Rather, 4.0 billion, which translates into total
it is to humiliate Palestinians and to put income losses ranging between US$ 6.8 and
pressure on them to cease resistance to 8.8 million per day.
Israeli occupation. In this sense, it is a
collective punishment of the kind prohibited 36. Access to food and water has been
by article 33 of the Fourth Geneva severely obstructed by the closure. Food
Convention. trucks face difficulties in entering Gaza in
particular, while food prices have increased
IX. ECONOMIC AND SOCIAL as a result of higher transport costs resulting
DISTRESS from the closure. Water resources have been
reduced owing to obstacles placed in the
35. The cumulative effect of the way of water trucks, the destruction of
restrictions on the freedom of movement of wells, rooftop water tanks and rain
people and goods is understandably collection pools by shelling, the damaging
perceived by the Palestinians affected as a of water sources by settlers and soldiers and
siege. It has resulted in severe socio- the high consumption of water by settlers.
economic hardships in the Palestinian
Territory. The internal closures have 37. Health care and education have also
suffered. Ambulances and private vehicles
[Page 15] transporting the sick to hospitals in
emergency situations are held up at
effectively sealed Palestinian population checkpoints, sometimes with fatal
centres and restricted movement from one consequences. Access to regular health care
locality to another. The restriction on the at hospitals and clinics has also been made
entry of Palestinians into Israel has meant difficult by checkpoints and the use of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
medical services has declined substantially. cent of the Palestinian population, refugees
Special attention is paid below to the effect are particularly vulnerable to Israel’s
of the crisis on children and education. military assaults and economic blockade, on
account of the location of many refugee
38. The closure violates a number of camps near to settlements, settlement roads
provisions of the International Covenant on and the Egyptian border, and the
Economic, Social and Cultural Rights, disadvantaged position of most refugees in
notably article 11 (which recognizes “the the labour market. More than half of the
right of everyone to an adequate standard of Palestinians killed since September 2000
living for himself and his family, including have been refugees. The number of houses
adequate food, clothing and housing, and to demolished or severely damaged in refugee
the continuous improvement of living camps is at least twice the number outside
conditions”) and article 12 (which refugee camps. According to the United
recognizes “the right of everyone to the Nations Relief and Works Organization for
enjoyment of the highest attainable standard Palestine Refugees in the Middle East
of physical and mental health”). It is also (UNRWA) 320 of the 401 houses
impossible to reconcile the closure with demolished in the Gaza Strip were homes to
articles 23, 55 and 56 of the Fourth Geneva refugees. Unemployment is higher among
Convention, which require the free passage refugees than non-refugees as is the number
of consignments of medical and hospital of households below the poverty line.
stores and the free passage of foodstuffs, Palestinian refugees are particularly
clothing and medicines intended for certain vulnerable to higher rates of poverty as a
vulnerable categories of persons and impose result of negative changes in the economy.
a duty to ensure food and medical supplies This is due to a relative lack of accumulated
to the population and to ensure and maintain savings and thus no safety net to protect
medical and hospital establishments and them from a high dependency on wage
services, public health and hygiene in labour, the lack of access to land-based
occupied territories. forms of subsistence, i.e., agriculture or
property, and the large number of
X. REFUGEES dependants per family prevalent in camp
populations, which limits the ability of
39. It is not within the mandate of the refugee families to absorb drastic and
Special Rapporteur to pronounce on the lengthy decreases in income.
implementation of the right of return of
Palestinian refugees recognized in General XI. CHILDREN
Assembly resolution 194 (III) of 1948 or on
the institutional arrangements for the 40. Children have suffered severely from
protection of refugees. No report on the the present crisis in terms of personal safety,
violation of humanitarian law and human family life, physical and mental health,
rights in the Palestinian Territory education and justice. Although Israeli
Military Order No. 132 defines a child as
[Page 16] someone under the age of 16, the present
report accepts the international standard of
would, however, be complete without 18 (article 1 of the Convention on the Rights
special mention of the impact of the present of the Child, 1989), which is also the
crisis on refugees. Comprising over 50 per position under Israeli law. By this standard,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
over half the population of Palestine are shelling, gunfire and presence of a hostile
children. occupying army has had serious
psychological consequences on all, but
41. Over 200 of the Palestinians killed particularly on children.
since the start of the second intifada in
September 2000 have been children, while [Page 17]
over 7,000 children have been injured. Of
those injured, 500 will experience long-term 43. Education is a top priority in
disabilities. In the early months of the Palestine. There are about 865,500 children
present intifada many children were killed or enrolled in primary and secondary schools,
wounded by the IDF for participating in administered mainly by the Palestinian
demonstrations involving the throwing of Authority and UNRWA. Since 1994, many
stones and molotov cocktails. Live new schools have opened and student
ammunition, rubber-coated steel bullets and numbers have increased substantially. The
tear gas were used to disperse demonstrators Palestinian Authority devotes 13 per cent of
in a display of excessive and its budget to education, while more than half
disproportionate use of force (see report of of the UNRWA budget goes to education.
the Human Rights Inquiry Commission of Education, at all levels, however, has
16 March 2001, E/CN.4/2001/121, paras. suffered seriously since 29 September 2000,
44-52, 116). In the past year, most of the particularly in the 275 schools, with some
children killed or injured by the IDF were 118,600 students, within a 500-metre radius
not engaged in confrontational of an Israeli military presence.
demonstrations, but were victims of shelling
by tanks and helicopter gunships, while they 44. Some schools have been
were engaged in normal peaceful pursuits. commandeered by the IDF for use as
Particularly disturbing are the deaths of five military outposts; others have been bombed;
young boys in Khan Yunis on 22 November over a hundred have come under fire, both
2001, caused by a suspicious explosive in the daytime when the schools are in
device, and of three youths crossing a field session and at night. On 20 February 2001
near Beit Lahia on 30 December 2001, the National School for the Blind in the
caused by heavy artillery fire. Calls for a full West Bank town of Al-Bireh came under
investigation into these deaths have, as yet, fire for three hours, causing extensive
not met with a positive response. damage and traumatizing the disabled
children. On some occasions, the IDF has
42. Inevitably the economic hardships fired tear gas into schools and ordered
inflicted on the Palestinian community by children to evacuate. Sometimes schools
the “closure” of the Palestinian Territory has have been closed by the IDF for alleged
had a serious impact on the lives of children. security reasons or by the school authorities
The majority of children in the West Bank for the safety of the children. The Al-Khader
and Gaza now live below the poverty line secondary school in the Bethlehem district,
and families are compelled to reduce food which the Special Rapporteur visited, was
consumption. Domestic violence is on the closed for 45 days by military order,
increase and children are becoming affecting some 2,500 students. This school
increasingly aggressive themselves. Access has been seriously damaged by the IDF,
to hospitals and clinics is obstructed by which has on occasion entered the school
military checkpoints. And the constant premises during teaching hours, assaulted
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
students and used tear gas to disperse education of children.” It is impossible to
students. Schools are also hampered by reconcile Israel’s actions against schools and
checkpoints, which prevent both students children with these provisions.
and teachers from reaching school on time,
and by military curfews (particularly in [Page 18]
Hebron).
XII. CHILDREN AND THE
45. The effect of the above actions on ADMINISTRATION OF JUSTICE
education has been severe. Schools have lost
considerable teaching time as a result of 48. Israel is proud of its judicial system
interruption and closures; absenteeism is rife and administration of justice. As a nation,
as schools no longer provide a secure Israel is committed to the rule of law and to
environment; and academic performance has due process of law in criminal proceedings.
deteriorated. Children are afraid and unable There are, however, serious doubts as to
to concentrate. It is impossible to assess the whether this commitment extends to the
long-term psychological harm caused to Palestinian Territory, and particularly to the
children by these assaults on their schools, treatment of Palestinian children in the
the killing and wounding of their friends and justice system. Consultations with the
the growing poverty they experience at principal Palestinian, Israeli and
home. Many have simply lost their international non-governmental
childhood. organizations working in this field, the study
of their carefully prepared reports, backed in
46. University education has also been some instances by affidavits from their
adversely affected by the crisis. The victims, and interviews with several children
University of Bir Zeit, for instance, has lost who were detained, interrogated and
several weeks of classes as a result of the imprisoned, reveals an alarming pattern of
closure of access roads to the university, inhuman treatment of children under the
while the military checkpoints leading to the military justice system in the Palestinian
university interfere with the normal life of Territory. The Special Rapporteur would
the institution and provide a daily have preferred to discuss this matter with the
opportunity for harassment of staff and Israeli authorities before reporting on it.
students by the military. The arrest of Unfortunately, the Government of Israel has
students has also had a serious impact on elected not to cooperate with the Special
university life and cast a shadow on the free Rapporteur. In these circumstances, the
exchange of ideas. Special Rapporteur has no alternative but to
raise the issue as a prima facie case of
47. The right to education is reaffirmed inhuman treatment to which the Government
in the International Covenant on Economic, of Israel should respond.
Social and Cultural Rights (art. 13) and the
Convention on the Rights of the Child (arts. 49. According to the evidence, about
28-29). Moreover, article 50 of the Fourth 1,000 children under the age of 18 have
Geneva Convention provides that the been arrested and detained since September
“Occupying Power shall, with the 2000 in connection with crimes relating to
cooperation of the national and local the Palestinian uprising. Most - over 90 per
authorities, facilitate the proper working of cent - have been arrested on suspicion of
all institutions devoted to the care and throwing stones at Israeli soldiers, which
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
carries a maximum penalty of 6 months’ 51. Following interrogation, children are
imprisonment for a child between 12 and 14, often detained for several months awaiting
and 12 months’ imprisonment for a child trial. When tried they are sentenced to
between 14 and 16. Children are tried in several months in prison: usually between 7
Israeli military courts. There are no military and 12 months in the case of children over
courts or judges designated especially for 14. In addition, they are usually fined about
children, no officers trained specifically for US$ 250. They are imprisoned in Israel
the interrogation of children, no probation itself, which makes visits by family and
officers and no social workers to accompany Palestinian lawyers extremely difficult as
them. At present about 150 children are in special permission must be obtained to enter
detention or prison. Israel. (Visits arranged by the
50. The evidence indicates the following [Page 19]

pattern of arrest, interrogation, detention,
sentencing and imprisonment. Arrests occur International Committee of the Red
late at night with the maximum disturbance Cross were suspended for several months
to the family, and children are often but have recently been resumed.) These
assaulted in the process of arrest and on the child “political prisoners” are imprisoned
way to detention centres. Interrogation in with common criminals and complain of
order to secure a confession continues for assaults perpetrated by both prison guards
several days and is accompanied by beating, and common-law prisoners.
shaking, threats, sleep deprivation, isolation,
blindfolding and handcuffing. Detainees are 52. Complaints about inhuman treatment
forced to sit or crouch in painful positions to medical doctors (both in detention centres
(“shabeh”), doused with cold water in and in prison) and to the trial judges in the
winter, and shot at with toy pistols with military courts are generally not investigated
plastic pellets from close range. Their heads or taken seriously.
are placed in the toilet and the toilet flushed.
Detainees are not permitted to see their 53. The inhuman treatment of juvenile
lawyers at this stage. Interrogation offenders described above falls short of
accompanied by treatment of this kind may international standards contained in the
continue for several days until a confession Convention on the Rights of the Child (art.
is obtained. The Israeli Supreme Court, in its 37), the Convention against Torture and
1999 decision outlawing physical methods Other Cruel, Inhuman and Degrading
of interrogation, accepted that inhuman Treatment or Punishment (arts. 1, 16), the
methods of interrogation qualifying as Standard Minimum Rules on the Treatment
torture might be employed in a case of of Prisoners of 1957 and the Fourth Geneva
“necessity” - where it is imperative to obtain Convention (arts. 27, 31, 32, 76). These are
information urgently about the “ticking serious allegations which require a serious
bomb”. This alleged exception to the response from the Israeli authorities. The
prohibition on torture is clearly inapplicable Special Rapporteur recommends that the
where the aim of the interrogation is not to Israeli authorities conduct a thorough
extract information about a ticking bomb but investigation into these allegations (detailed
about stone-throwing by children. more fully in reports of non-governmental
organizations) carried out by an independent
body outside the military, police and prison
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services. At the same time, immediate steps punishment of the kind prohibited by article
should be taken to transfer those imprisoned 33 of the Fourth Geneva Convention.
in Israel to prison facilities in the occupied Moreover, sufficient doubts have been cast
territory (as required by article 76 of the on both the purpose and the effectiveness of
Fourth Geneva Convention) that comply checkpoints as a means of promoting
with international standards relating to the security to warrant a serious reconsideration
imprisonment of children. It is also of their retention by the Government of
recommended that the military authorities Israel.
appoint an Israeli judge or other independent
Israeli criminal justice expert outside the [Page 20]
military to visit detention centres to monitor
interrogations and the treatment of juveniles 57. Settlements are an ever-visible and
in detention centres before they are brought aggravating sign of occupation and of
to trial. Israel’s illegal conduct as an Occupying
Power. It is not enough merely to impose a
XIII. CONCLUSIONS AND freeze on settlements. Steps must now start
RECOMMENDATIONS to dismantle settlements.
54. The parties to the conflict are 58. Children have suffered greatly in the
themselves either incapable of or unwilling present crisis. Every effort should be made
to bring the violence in the Occupied by the Israeli military authorities to ensure
Palestinian Territory and Israel to an end. In that the safety and welfare of schools and
these circumstances, the need for an schoolchildren are respected. It is further
international presence, either in the form of recommended that an investigation be
monitors or peacekeepers, is surely conducted into allegations of inhuman
imperative to reduce violence, restore treatment of children under the military
respect for human rights and create justice system and that immediate steps be
conditions in which negotiations can be taken to remedy this situation. (See the
resumed. (See further, paragraph 22 above.) recommendations contained in paragraph 53
55. International humanitarian law and on this subject.) -----
human rights norms have been seriously
violated in the present conflict by both
parties. Both Israelis and Palestinians should
make every endeavour to respect the rule of 10.M.1 7 February 2002 Bush-Sharon
law, human rights and humanitarian law. press conference:
Targeted killings of selected Palestinians by
guided missiles, terrorist bombings in Israel, http://www.whitehouse.gov/news/releases/2
the demolition of homes in the Palestinian 002/02/20020207-15.html
Territory and the indiscriminate killing of
civilians by both sides must cease.
56. Israel’s restrictions on freedom of !

For Immediate Release
movement, resulting from checkpoints, have Office of the Press Secretary
caused great personal, social and economic February!7,!2002
hardships to civilians in no way involved in
the conflict. They constitute collective President Bush, Prime Minister Sharon
Discuss Middle East
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Remarks by the President and Prime concerned about the plight of the average
Minister Sharon of Israel in Photo Palestinian, the moms and dads who are
Opportunity trying to raise their children, to educate their
The Oval Office children.!!My government is -- I've got $300
million in the budget to go through NGOs to
!View the President's Remarks help Palestinians be able to realize a better
life.
!Listen to the President's Remarks
And, finally, we had a good discussion
6:25 P.M. EST about how best to work together to get the
Mitchell process started, to get into Tenet
THE PRESIDENT:!!I'm going to make a and then in Mitchell.!!In other words, that
statement; the Prime Minister will make a we had wide-ranging discussions not only
statement.!!We both have agreed we'll about international terror, but security, about
answer two questions from both sides.!!I'll economic development for the Palestinians,
call on somebody; the Prime Minister's press as well as for the desire to achieve -- to get
aide will call on somebody, and that's the into Mitchell so that there can be some long-
way we're going to do it. lasting peace in the region.
So it's my honor to welcome a good And so, Mr. Prime Minister, I appreciate
friend, the Prime Minister of Israel, back to the candid discussion.!!I appreciate your
the Oval Office.!!Mr. Prime Minister, I'm so friendship, and I want to welcome you back.
glad you're here.!!Welcome back.
PRIME MINISTER SHARON:!!Thank
We just had an extensive discussion, first you, Mr. President.!!I was very glad to be
about our mutual desire to rid the world of again at the White House.!!We had
terror.!!I assured him that our nation is just discussions about strategic issues in the
beginning in a great objective, which is to region.!!We talked about the need to fight
eliminate those terrorist organizations of terror and not to get into compromise with
global reach.!!And by doing so, I firmly terror -- one cannot get into compromise
believe that the world will be a more with terror.!!At the same time, we discussed
peaceful place.!!My most important steps that should be taken in order to
objective is to protect our homeland.!!The improve the life conditions of those
best way to do so is to rout terrorist Palestinians that are not involved in terror.
organizations where they try to hide and That's my intention.!!It was always my
bring them to justice. intention.!!And, of course, we'll try and see
what can be done.
Secondly, I assured the Prime Minister
that we will continue to keep pressure on And, altogether, I think that we can look
Mr. Arafat to convince him that he must forward with optimism, though it's not going
take serious concrete, real steps to reduce to be a short struggle against terror.!!It's a
terrorist activity in the Middle East. long struggle.!!But I'm sure that we will win,
as I have a real admiration, Mr. President,
We had an interesting discussion about for the steps that you have been taking
how we can help the Palestinian, those who against terror, in order to defend our values.
aren't involved with terror.!!I'm deeply
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Q!!!!Mr. President -- And as to what the Prime Minister's
position is, he can answer that.
THE PRESIDENT:!!Hold on a
second.!!And I'm going to do the calling on PRIME MINISTER SHARON:!!I
who gets the question.!!He's not through yet. personally, myself and my government,
regard Arafat as an obstacle to
Are you through? peace.!!Arafat has chosen a strategy of terror
and formed a coalition of terror.!!Therefore,
PRIME MINISTER SHARON:!!Is there we believe that pressure should be put on
any questions? Arafat in order, maybe, I hope, to have an
authoritative leadership in the future.
THE PRESIDENT:!!Yes, there's going to
be -- (laughter.) Q!!!!Mr. President, the Israeli Defense
Minister said today that Ms. Condoleezza
Barry Schweid.!!(Laughter.)!!I'm the Rice and also your Vice President Cheney
control guy.!!(Laughter.) said that they don't trust Arafat, they don't
believe any words coming out of his mouth,
Q!!!!I'm new at this. and there's no point keeping talking to
him.!!Do you think, as those officials, that
THE there is a point to keep talking to him, to be
PRESIDENT:!!Welcome.!!(Laughter.)!!You in contact with him? Or do you think it is
don't look that new to me, Barry.!!But, time to change the phase in the pressure on
anyway, please. Arafat?
Q!!!!I did your Dad. THE PRESIDENT:!!Mr. Arafat has

heard my message.!!I can't be any more clear
THE PRESIDENT:!!That's right. about it, that he must do everything in his
power to reduce terrorist attacks on
Q!!!!At this point, sir, is there a point for Israel.!!And that -- at one point in time, he
the U.S. to talk to Mr. Arafat?!!Is there a was indicating to us that he was going to do
point for Israel to talk to Arafat? so, and then all of a sudden, a ship loaded
with explosives show up that most of the
THE PRESIDENT:!!Well, Mr. Arafat has world believes he was involved with.
heard from us.!!I can't be any more clear in
my position, and that is that he must do And I think it's very important that
everything in his power to fight terror. people realize that this great nation wants us
to get into Mitchell as quickly as possible,
Obviously, we were, at first, surprised, but we fully understand that it's difficult to
and then extremely disappointed when the have peace during terrorist times, and that
Karine-A showed up loaded with weapons, our campaign against global terror should
weapons that could have only been intended help the region.
for one thing, which was to terrorize.!!And I
made our government's position about as And I am absolutely committed to
clear as I could.!!I couldn't say it any more fighting terror wherever terror exists.!!And I
plainly, and I haven't changed my position. would hope other leaders do so.!!And Mr.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Arafat has a chance to do so, and my hope As I said, either you're with or you're
is, is that he responds in a positive way. against us.!!And we fully understand that in
order to be effective in our fight against
At the same time, I am deeply concerned terror, that we need others to join us.!!And
about the plight of the average Palestinian.!!I so the Vice President I think is going to be
worry about stories and pictures I see of very effective at convincing -- at convincing
people going hungry and children not being our friends we mean business.!!And we
educated, and deep concerns etched on the would hope that they would do everything in
faces of moms and dads who happen to be their power to shut off money, to deny
Palestinian.!!And my government -- we've haven, and to join this grand coalition
discussed this openly with the Prime dedicated to one thing -- freedom and peace.
Minister -- and as I said, we budgeted
money to go through non-governmental As to whether or not we discussed other
organizations to help.!!And I think the world countries in the region -- you bet.!!We
understands that there's a lot of folks over discussed a lot of countries in the
there who suffer because of the terrorist region.!!And we've had a very frank and
activities of a few. open discussion.
Q!!!!Mr. President, did Iran and Iraq Q!!!!President Bush, the government of
figure in your conversations today with the Israel decided not to let Chairman Arafat
Prime Minister?!!And why are you sending move -- (inaudible.)!!Do you think this
Vice President Cheney to the region next decision serves the goal of stability in the
month, and particularly the four countries Middle East?
that directly border on Iraq?
And one question for you, Prime
THE PRESIDENT:!!I'm sending the Vice Minister Sharon.!!You said a couple of
President because, one, he is a key player in months ago that you want to give the
our administration, and I want to get Palestinians a Palestinian state, for the first
feedback from the world, from the world time -- Do you still support the same --
leaders.!!I want them to see firsthand, as
well, our strong intent to fight terror. THE PRESIDENT:!!Do you want to go
first?
There's nothing like looking somebody in
the eye and letting them know that when we PRIME MINISTER SHARON:!!Yes.!!I
say we're going to fight terror, we mean believe that the end of the process first
it.!!And there's nothing like people getting a should be the perfect right to be a full
sense of the determination of this cessation of terror and violence and
government.!!There's a lot of folks who incitement.!!And then several steps will be
might have predicted that over time we taken by the Palestinians, like arresting --
would grow weary and we'd get tired and serious arrest of the terrorists, dismantling
we'd kind of get faint of heart. The Vice terrorist organizations and their
President can deliver the message to many infrastructure, collecting their weapons that
important world leaders that our government should be handed to American
is absolutely committed to fighting terror, representatives and destroyed out of the --
and we expect people to join us in doing so. area.!!Once they would take serious
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
preventive steps and stop completely
incitement, then we'll start negotiations.
10.M.2 8 June 2002 Bush-Mubarak
I believe that one day we'll be reaching a press conference:
peace.!!Israel is committed to peace.!!And at
the end of the process, I believe that the http://www.whitehouse.gov/news/releases/2
Palestinian state, of course, will be -- we'll 002/06/20020608-4.html
see a Palestinian state.!!But only at the end
and the final steps that should be taken in
order to start negotiations.!!They cannot be !
done under terror.!!We are -- my role and
my government's role is to defend our For Immediate Release
citizens against acts of terror. June 8, 2002
THE PRESIDENT:!!We, too, of course, Diplomatic Actions

support a Palestinian state, one that's been
negotiated by the parties; one that President Bush Meets with Egyptian
recognizes that Israel has got a right to exist, President Mubarak
and Israel will be supportive of their right to
self-govern.!!I think that's an ultimate aim REMARKS BY PRESIDENT BUSH AND
that we all have got to work hard to get PRESIDENT MUBARAK IN PRESS
to.!!The problem is there are some that don't AVAILABILITY
want to get there, and therefore, terrorize.
Camp David, Maryland
My position on Mr. Arafat is clear as of
today.!!I can't be any more clear about what 10:32 A.M. EDT
I think he ought to do.!!And I'm confident if
he were to make these strong steps toward PRESIDENT BUSH: Mr. President,
reducing terror, it would help the world -- it thank you. Welcome to Camp David. It is a
would help tell the world that he is fully joy for me and Laura to have you here at this
dedicated toward achieving the objectives beautiful part of our country, a place where
that we both described. we like to come and relax, and a place where
we like to welcome our friends.
And it's going to be hard to have a peace
process if -- so long as there's terrorist We had a -- the President and I had a
activity.!!But we believe strongly that good dinner last night. We talked a lot about
Chairman Arafat needs to put a 100 percent our mutual concerns, opportunities to make
effort to achieve a peaceful -- some peace, the world a more peaceful place. And we got
so that we can then get to a political up and had a good private visit, and then met
process.!!And that's very important for us. with our delegations.
Listen, thank you all for coming. First, I want to thank the President of
Egypt for his country's strong support in our
END!!!!!!!!!!!!6:40 P.M. EST war against terror. I know there's been a lot
of focus on obviously the Middle East, and
I'll mention that in a second, but we're still
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
in a war against people who want to harm PRESIDENT MUBARAK: I would like
America and people who want to harm to thank President Bush for his welcoming
Egypt. And we've had -- we've got a good remarks, which reflects the deep friendship
friend, Americans have a good friend, when between us. During our stay at Camp David
it comes to this war on terror, in Egypt. here, I conducted extensive discussions with
President Bush on a range of issues of
The President understands that we've got mutual concern, most important of which
a long way to go in order to be successful. was the deteriorating situation in the Middle
He's now been told again by me that my East, and especially the Palestinian-Israeli
most important job is to secure our track and its negative impact on regional and
homeland, and this country is plenty tough international security in general.
and plenty patient and plenty determined to
achieve that objective. There is no doubt that the peace process
in the Middle East is passing through a
Obviously, we spent time talking about critical junction which requires us to exert
the Middle East, and we share a common all possible efforts on the political and
vision of two states living side by side in security tracks, to rebuild the confidence
peace. And I appreciated so very much his -- between the parties, on one hand, and to
listening to his ideas as to how to achieve relaunch a serious political negotiations
that objective, that grand goal. The world -- aimed at final settlement on the other.
the Palestinians hurt, and I know that. And
my concern is for the Palestinian people. While Egypt's leading quest for peace in
And my view is, is that if the Palestinian the Middle East has achieved its objectives
people have a government that is transparent here at Camp David 24 years ago, we have
and open and willing to serve the people, come back together today fully committed to
Israel will be better off, Egypt will be better exert our maximum efforts once again, so
off, America will be better off, and we're that peace and security may prevail in the
more likely to achieve peace. And we Middle East region.
discussed how to achieve those objectives.
And I must affirm here that your
The President of Egypt has had a lot of personal role, Mr. President, and the role of
experience, and I appreciate his experience, the United States today remains as important
and I appreciate his advice. Anytime he is as was America's contribution towards
willing to give it, I'm willing to listen. And reaching the peace treaty between Egypt and
so, Mr. President, I want to thank you for Israel more than two decades ago. And we
your time, and I appreciate your friendship, look forward to the continuation of the
and welcome you to Camp David. effective role.
PRESIDENT MUBARAK: Thank you The entire international community,

very much for that. I will deliver my speech ladies and gentlemen, has supported the
in Arabic language. courageous vision of peace in the Middle
East put forward by President Bush in his
PRESIDENT BUSH: He's going to speak speech before the United Nations last fall.
in Arabic. That's good, the American press - This vision was adopted by the Security
- Council in its Resolution 1397, which
affirmed that peace in the Middle East must
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
be based on two states, Israel and Palestine, continue in its firm implementation of
living side by side. We in Egypt, and the President Arafat's decisive commitment to
entire Arab world, support this vision, and halt the violence and intensify the security
strongly believe that it represents the only cooperation and coordination under the
way to achieve progress towards the supervision of the United States.
settlement of the conflict.
It also falls upon all of us, as partners in
Now it is time to move to implement our peace, to work towards alleviating the
common vision, in an effective and suffering of the Palestinian people, through
systematic way. And we have a strong economic and humanitarian assistance, so as
foundation to implement that vision, and to remove the feeling of despair that stands
that is represented in the principles adopted in the way of reaching the desired
by the Madrid peace conference, and settlement.
supported by the initiative adopted by the
Arab League summit conference in Beirut, Mr. President, Egypt and the Arab states
which affirmed Arab rights, while have affirmed their condemnation and
responding to all Israeli concerns. These are rejection of the use of force and violence
the terms of references that should govern against civilians. Egypt has also affirmed its
all future efforts. commitment to continue its major role in the
search for peace. At the same time, the
For us to be able to achieve this vision, United States has affirmed, by putting
the confidence that was lost between the two forward this clear vision for peace, its
parties during the previous period must be commitment to effectively play its role in its
rebuilt. as we embark on serious political capacity as the main sponsor of the peace
negotiations that will contribute to the process.
realization of our objectives. In this context,
Israel must end the siege imposed on the We look forward to a strong American
Palestinian people, and withdraw its forces engagement in the coming phase to
to positions occupied on September 28, implement this vision, in the context of an
2000; and halt assassinations and the agreed time frame and through negotiations
repeated incursions in the territories under on a permanent settlement that should lead
the control of the Palestinian Authority; and to the establishment of a Palestinian state on
immediately halt all settlement activities in the entire West Bank and Gaza and East
the occupied territories, including the illegal Jerusalem. For the settlement to be just and
confiscation of land and expansion of comprehensive, Israel must withdraw from
settlements under the pretext of natural all the Arab territories occupied during
growth or any other consideration. 1967, including Syrian and Lebanese
territories.
At the same time, the Palestinian
Authority must continue to intensify its While pursuing our efforts, it must be
efforts towards restructuring in a way that kept in mind that there are forces that lack
facilitates the better performance of its the conviction of our joint vision, and will
functions based on the principles of continue to obstruct our efforts to move
transparency and trust, in preparation for the towards a final and a comprehensive
establishment of its sovereign independent settlement. The way to confront the enemies
state. The Palestinian Authority must of peace is to move forward with courage
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
and determination to renew hope to the Middle East. I am confident that our joint
Palestinians and Israeli peoples in the future, efforts, supported by a solid determination,
in which prosperity and stability prevail, and will lead us to achieve this goal in the near
away from the menace of violence and future. Thank you.
confrontation.
PRESIDENT BUSH: Thank you very
My meeting here today with President much. I appreciate it, thank you.
Bush has reaffirmed our joint determination
to revive the hopes of peace through the Q President Bush --
longstanding partnership between our two
countries and through which we have and PRESIDENT BUSH: Hold on a second,
will continue together to reach historic please. We'll answer two questions apiece,
achievements on the path of peace between two from the American side, two from the
Arabs and Israelis for the benefit of the Egyptian side. I'm going to call on the
peoples of the region, and also for the American first. If you don't mind, contain
benefit of regional and international your questions to one of us, if that's
stability. possible. And we'll start with Mr. Fournier,
who I know -- I know will adhere to that
The depth of Egyptian-American rule. (Laughter.)
relations represents one of the essential
cornerstones in our joint pursuit of peace Ron Fournier.
and stability in the Middle East. In this
context, we discussed today means to Q Mr. President --
strengthen our bilateral ties, including our
trade and economic relations, so as to PRESIDENT BUSH: Thank you.
reinforce Egypt's ability to implement its
plans for economic reform and to guide us Q Do you agree with President Mubarak
toward a more balanced trade relationship that there needs to be a deadline for a
between us. Palestinian state to give the Palestinian
people hope? And on the other hand, I want
Our meeting today coincides with a visit to know if President Mubarak -- the reforms
by the United States Trade Representative, of the Palestinian Authority that you say --
Mr. Robert Zoellick, to Egypt, to meet with that President Bush says will give the
his counterparts on the Egyptian side, which Israelis hope, can they be done with Arafat
I hope that it will result in tangible progress still in charge?
in furthering our relationships to new
heights. PRESIDENT BUSH: See, it's hard to
reform the press. (Laughter.) It may be
Mr. President, I look forward to working harder to reform the press than to implement
with you in the weeks and months ahead, to the needed reforms in the Palestinian
chart the correct path on the road to peace, territories. Your first question was?
so that we can complete together the
implementation of the mission that we have Q Do you agree with President Mubarak
started together here at Camp David, more that there needs to be a deadline --
than 20 years ago to achieve just,
comprehensive and lasting peace in the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
PRESIDENT BUSH: Yes. Here's the have to happen first, can they be done, sir, in
timetable I have in mind. We need to start your opinion, by Yasser Arafat?
immediately in building the institutions
necessary for the emergence of a Palestinian PRESIDENT MUBARAK: Look, we
state which, on the one hand, will give hope should give this man a chance. We are
to the Palestinian people and, on the other working very hard in cooperation with the
hand, say to the world, including the United States for the reform in the
neighborhood, that there is a chance to Palestinian Authority. Such a chance will
defeat -- to live in peace, to defeat terror. prove that he is going to deliver or not. If
And that's important. he's going to deliver, I think everybody will
support him. If he's not going to deliver, his
I also agree with the President of Egypt people will tell him that.
that, as we discussed the development of
institutions necessary to provide hope and Q President Bush --
security in the region, that we've got to be
talking about a political -- have a political PRESIDENT BUSH: The President gets
dialogue. Part of the consultation process to decide what member from the Egyptian
that we are having is to determine what's press corps --
feasible in terms of that political dialogue,
what's feasible in terms of the timetable that PRESIDENT MUBARAK: Yes.
a lot of people are anxious to talk about.
We're not ready to lay down a specific Q President Bush --
calendar, except for the fact we need to get
started quickly, soon, so that we can seize PRESIDENT BUSH: Good going. He
the moment. selected you. (Laughter.)
And one of the things I'm most Q Right. Nihal Saad, from Egyptian
appreciative about, about the -- about the Television. Thank you for giving me the
progress made to date, is people now floor. It has been the stand of successive
understand they have responsibilities. As I American administrations that the
said in my April 4th speech, I talked about settlements, the Israeli settlements is an
the responsibilities necessary to achieve a obstacle to peace. But ever since Prime
vision of peace. And President Mubarak has Minister Sharon came to office, there has
shown that he is accepting responsibility. been a steep increase in the settlements, by
He's very much involved in this process, and almost 40 percent. Now, what is the stand of
he's very much anxious that we work your administration concerning the
together to achieve that which is necessary settlement building, and what message
and, to put it in his words, to come up with would you tell the Israeli government
an effective and systematic way to get to the concerning that issue?
vision that we've -- that I've outlined.
PRESIDENT BUSH: Well, on April 4th
PRESIDENT MUBARAK: What's your I delivered the speech that I'm talking about,
second question, please? that I would hope you'd review what I said. I
said, all parties have got responsibilities to
Q I just want to know whether those achieve peace, including the Israelis. And
Palestinian reforms that President Bush says Israel must work to create the conditions
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
necessary to achieve peace. And my position Last question.
hasn't changed since that speech.
Q President Mubarak -- my question is
Adam. addressed for President Mubarak. And I
want to have a comment from Mr. President
Q Thank you. Mr. President -- President Bush, if you please. My name is Hanaa
Bush, are you confident you will get support Simery, from the Egyptian Television, and
from Arab leaders for reaching beyond my question is, is it realistic to ask for a
Yasser Arafat to other Palestinian complete halt of violence between the
representatives? Palestinians and Israelis as a precondition
for resuming any political negotiations?
PRESIDENT BUSH: Look, Adam,
here's what I'm confident about. I'm PRESIDENT MUBARAK: Me or you?
confident about the Arab leaders understand
the need for us to develop the institutions PRESIDENT BUSH: I don't care. Who
necessary for a peaceful and hopeful state to would you like to answer it?
emerge.
Q Both of you.
Chairman Arafat, as far as I'm concerned,
is not the issue. The issue is whether or not PRESIDENT BUSH: Both of us, okay.
the Palestinian people can have a hopeful
future. I have constantly said I am PRESIDENT MUBARAK: Both of us,
disappointed in his leadership. I think he's on the same question. All right --
let the Palestinian people down. And so,
therefore, my focus is on the reforms PRESIDENT BUSH: Maybe we'll give
necessary to help the Palestinians. the same answer. (Laughter.)
The President believes that the Chairman PRESIDENT MUBARAK: I think we

-- if you notice, he didn't say he's going to have the experience since the Prime Minister
deliver -- should be given a chance to took office that he will never start the
deliver. And that's an interesting point of negotiation unless violence could come to an
view. I also happen to believe that there is end. Even that before Prime Minister
plenty of talent in -- amongst the Sharon. Till now violence didn't stop, and I
Palestinians, and that if we develop the don't think the violence will come to an end
institutions necessary for the development of unless the people feel that there is hope for
a state, that talent will emerge. peace and there is something to show that
peace is coming. If they didn't feel that, they
The issue is bigger than one person. The will not stop violence. It will continue
issue is an issue that really deals with people forever.
who suffer and people who have no hope.
And I believe -- I believe it is in the PRESIDENT BUSH: My attitude about
Palestinians' interest to have an independent violence is this: People have responsibilities
state, at peace with its neighbor, and I to do everything they can to stop violence.
believe it's in Israel's interest. Otherwise I Chairman Arafat must do everything in his
would not have taken this position. power to stop the violence, to stop the
attacks on Israel. I mean everything. And
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
that includes reforming the security forces
so that they are -- their primary function is 10.M.3 13 May 2002. The New York
to deal with violence. T i m e s . Likud policy: [©
material. No URL.] In
The Arab world must work hard to defeat Reader II.
terror and violence. My opening comments
were sincere about the President of Egypt;
he's working hard to defeat violence and
terror. And so the one thing I'm certain of is
that we've all got to focus a lot of energy
and attention on stopping violence -- not 10.W.4a The New York Review of
only in the Middle East, but all around the
Books, interviews and replies.
world.
13 June 2002. Benny Morris,
“Camp David and After: An
See, there are terrorists who would love
Exchange. (1) An Interview
to destroy any peace process, and we have
with Ehud Brak”:
the responsibility to prevent them from
doing so. And that means working all the
http://www.nybooks.com/articles/15501 In
time to stop it from happening. There are
Reader II.
people who hate freedom, and they'll use
terror to destroy innocent lives to achieve
evil objectives. And all of us -- that's what
I'm certain about -- all of us must work --
I'm certain if we don't work together and 10.W.4b The New York Review of
assume our responsibilities, it's going to be Books, interviews and replies.
hard to win the war on terror. I'm certain if 13 June 2002.Robert Malley,
we stay focused and tough and resolute, we Hussein Agha, “ … (2) A
can win the war on terror. Reply to Ehud Barak”:
And as we remain tough, we're going to http://www.nybooks.com/articles/15502

be able to achieve peace in parts of the In Reader II.
world where people have kind of said there's
no chance for peace. And it's not just in the
Middle East. Not just in the Middle East.
Thank you all very much for coming. 10.W.4c The New York Review of
Books, interviews and replies.
PRESIDENT MUBARAK: Good job. 27 June 2002. Benny Morris,
Thank you. Ehud Barak. “Camp David
and After: …” Continued:
PRESIDENT BUSH: Good job.
http://www.nybooks.com/articles/15540 In
END 11:03 A.M. EST Reader II.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
11 Foreign R e l a t i o n s . [25-27
11.M.2 European criticism of GW
Bush’s policies. CNN, 7
November] Allies: Britain, Canada, February 2002, reporting
Australia. Bases. Pakistan. Politics of French Foreign Minister
deference to Uzbekistan, Tajikistan, Hubert Vedrine’s remarks:
China, Russia, Israel. Hubert
Vedrine criticism of the US as http://www.cnn.com/2002/WORLD/europe/
‘unilateralist’. Effects on the United 02/07/france.bush/ In Reader II.
Nations. Foreign views of the GW
Bush Administration policies
resisting and rejecting muiltilateral
constraints: Kyoto Protocol, ABM
Treaty, CTBT, START process, &c. 11.W.3 G.W. Bush, speech to the UN
Will the US response to 9.11 lead to General Assembly, 10
a loose global coalition against US November 2002:
unilateralism?
http://www.whitehouse.gov/news/releases/2
001/11/20011110-3.html In Reader I.
11.Week A Reuters review of steps in

the first week after 9.11 to For Immediate Release
build a global coalition November!10,!2001
against terrorism: [T h e
Hindustan T i m e s , 18 President Bush Speaks to United Nations
September 2001]
Remarks by the President
http://www.hindustantimes.com/nonfram/18 To United Nations General Assembly
0901/detAME71.asp In Reader II. U.N. Headquarters
New York, New York
9:38 A.M. EST
11.M.1 European criticism of GW THE PRESIDENT:!!Thank you.!!Mr.

Bush’s policies. Arms Control Secretary General, Mr. President,
T o d a y, March 2002. Alex distinguished delegates, and ladies and
Wagner, “Bush Labels North gentlemen.!!We meet in a hall devoted to
Korea, Iran, Iraq an ‘Axis of peace, in a city scarred by violence, in a
Evil’”: nation awakened to danger, in a world
uniting for a long struggle.!!Every civilized
http://www.armscontrol.org/act/2002_03/axi nation here today is resolved to keep the
smarch02.asp In Reader II. most basic commitment of civilization: We
will defend ourselves and our future against
terror and lawless violence.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
The United Nations was founded in this it with drug dealing; they encourage murder
cause.!!In a second world war, we learned and suicide in the name of a great faith that
there is no isolation from evil.!!We affirmed forbids both.!!They dare to ask God's
that some crimes are so terrible they offend blessing as they set out to kill innocent men,
humanity, itself.!!And we resolved that the women and children.!!But the God of Isaac
aggressions and ambitions of the wicked and Ishmael would never answer such a
must be opposed early, decisively, and prayer.!!And a murderer is not a martyr; he
collectively, before they threaten us is just a murderer.
all.!!That evil has returned, and that cause is
renewed. Time is passing.!!Yet, for the United
States of America, there will be no
A few miles from here, many thousands forgetting September the 11th.!!We will
still lie in a tomb of rubble. Tomorrow, the remember every rescuer who died in
Secretary General, the President of the honor.!!We will remember every family that
General Assembly, and I will visit that site, lives in grief.!!We will remember the fire
where the names of every nation and region and ash, the last phone calls, the funerals of
that lost citizens will be read aloud.!!If we the children.
were to read the names of every person who
died, it would take more than three hours. And the people of my country will
remember those who have plotted against
Those names include a citizen of us.!!We are learning their names.!!We are
Gambia, whose wife spent their fourth coming to know their faces.!!There is no
wedding anniversary, September the 12th, corner of the Earth distant or dark enough to
searching in vain for her husband. Those protect them.!!However long it takes, their
names include a man who supported his hour of justice will come.
wife in Mexico, sending home money every
week.!!Those names include a young Every nation has a stake in this
Pakistani who prayed toward Mecca five cause.!!As we meet, the terrorists are
times a day, and died that day trying to save planning more murder -- perhaps in my
others. country, or perhaps in yours. They kill
because they aspire to dominate.!!They seek
The suffering of September the 11th was to overthrow governments and destabilize
inflicted on people of many faiths and many entire regions.
nations.!!All of the victims, including
Muslims, were killed with equal indifference Last week, anticipating this meeting of
and equal satisfaction by the terrorist the General Assembly, they denounced the
leaders.!!The terrorists are violating the United Nations.!!They called our Secretary
tenets of every religion, including the one General a criminal and condemned all Arab
they invoke. nations here as traitors to Islam.
Last week, the Sheikh of Al-Azhar Few countries meet their exacting
University, the world's oldest Islamic standards of brutality and oppression.!!Every
institution of higher learning, declared that other country is a potential target.!!And all
terrorism is a disease, and that Islam the world faces the most horrifying prospect
prohibits killing innocent civilians.!!The of all:!!These same terrorists are searching
terrorists call their cause holy, yet, they fund for weapons of mass destruction, the tools to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
turn their hatred into holocaust.!!They can be The conspiracies of terror are being
expected to use chemical, biological and answered by an expanding global
nuclear weapons the moment they are coalition.!!Not every nation will be a part of
capable of doing so.!!No hint of conscience every action against the enemy.!!But every
would prevent it. nation in our coalition has duties.!!These
duties can be demanding, as we in America
This threat cannot be ignored.!!This are learning.!!We have already made
threat cannot be appeased. Civilization, adjustments in our laws and in our daily
itself, the civilization we share, is lives.!!We're taking new measures to
threatened.!!History will record our investigate terror and to protect against
response, and judge or justify every nation threats.
in this hall.
The leaders of all nations must now
The civilized world is now carefully consider their responsibilities and
responding.!!We act to defend ourselves and their future.!!Terrorist groups like al Qaeda
deliver our children from a future of depend upon the aid or indifference of
fear.!!We choose the dignity of life over a governments.!!They need the support of a
culture of death.!!We choose lawful change financial infrastructure, and safe havens to
and civil disagreement over coercion, train and plan and hide.
subversion, and chaos.!!These commitments
-- hope and order, law and life -- unite Some nations want to play their part in
people across cultures and continents.!!Upon the fight against terror, but tell us they lack
these commitments depend all peace and the means to enforce their laws and control
progress.!!For these commitments, we are their borders.!!We stand ready to
determined to fight. help.!!Some governments still turn a blind
eye to the terrorists, hoping the threat will
The United Nations has risen to this pass them by.!!They are mistaken. And some
responsibility.!!On the 12th of September, governments, while pledging to uphold the
these buildings opened for emergency principles of the U.N., have cast their lot
meetings of the General Assembly and the with the terrorists.!!They support them and
Security Council.!!Before the sun had set, harbor them, and they will find that their
these attacks on the world stood condemned welcome guests are parasites that will
by the world.!!And I want to thank you for weaken them, and eventually consume them.
this strong and principled stand.
For every regime that sponsors terror,
I also thank the Arab Islamic countries there is a price to be paid. And it will be
that have condemned terrorist paid.!!The allies of terror are equally guilty
murder.!!Many of you have seen the of murder and equally accountable to
destruction of terror in your own lands. The justice.
terrorists are increasingly isolated by their
own hatred and extremism. They cannot The Taliban are now learning this lesson
hide behind Islam.!!The authors of mass -- that regime and the terrorists who support
murder and their allies have no place in any it are now virtually
culture, and no home in any faith. indistinguishable.!!Together they promote
terror abroad and impose a reign of terror on
the Afghan people.!!Women are executed in
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Kabal's soccer stadium.!!They can be beaten More help eventually will be
for wearing socks that are too thin.!!Men are needed.!!The United States will work closely
jailed for missing prayer meetings. with the United Nations and development
banks to reconstruct Afghanistan after
The United States, supported by many hostilities there have ceased and the Taliban
nations, is bringing justice to the terrorists in are no longer in control.!!And the United
Afghanistan.!!We're making progress against States will work with the U.N. to support a
military targets, and that is our post-Taliban government that represents all
objective.!!Unlike the enemy, we seek to of the Afghan people.
minimize, not maximize, the loss of
innocent life. In this war of terror, each of us must
answer for what we have done or what we
I'm proud of the honorable conduct of the have left undone.!!After tragedy, there is a
American military.!!And my country grieves time for sympathy and condolence.!!And my
for all the suffering the Taliban have country has been very grateful for both.!!The
brought upon Afghanistan, including the memorials and vigils around the world will
terrible burden of war.!!The Afghan people not be forgotten.!!But the time for sympathy
do not deserve their present rulers.!!Years of has now passed; the time for action has now
Taliban misrule have brought nothing but arrived.
misery and starvation.!! Even before this
current crisis, 4 million Afghans depended The most basic obligations in this new
on food from the United States and other conflict have already been defined by the
nations, and millions of Afghans were United Nations.!!On September the 28th, the
refugees from Taliban oppression. Security Council adopted Resolution
1373.!!Its requirements are clear:!!Every
I make this promise to all the victims of United Nations member has a responsibility
that regime:!!The Taliban's days of to crack down on terrorist financing.!!We
harboring terrorists and dealing in heroin must pass all necessary laws in our own
and brutalizing women are drawing to a countries to allow the confiscation of
close.!!And when that regime is gone, the terrorist assets.!!We must apply those laws
people of Afghanistan will say with the rest to every financial institution in every nation.
of the world:!!good riddance.
We have a responsibility to share
I can promise, too, that America will join intelligence and coordinate the efforts of law
the world in helping the people of enforcement.!!If you know something, tell
Afghanistan rebuild their country.!!Many us.!!If we know something, we'll tell
nations, including mine, are sending food you.!!And when we find the terrorists, we
and medicine to help Afghans through the must work together to bring them to
winter.!!America has air-dropped over 1.3 justice.!!We have a responsibility to deny
million packages of rations into any sanctuary, safe haven or transit to
Afghanistan. Just this week, we air-lifted terrorists.!!Every known terrorist camp must
20,000 blankets and over 200 tons of be shut down, its operators apprehended,
provisions into the region.!!We continue to and evidence of their arrest presented to the
provide humanitarian aid, even while the United Nations.!!We have a responsibility to
Taliban tried to steal the food we send. deny weapons to terrorists and to actively
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
prevent private citizens from providing country is pledged to encouraging
them. development and expanding trade.!!My
country is pledged to investing in education
These obligations are urgent and they are and combatting AIDS and other infectious
binding on every nation with a place in this diseases around the world.!!Following
chamber.!!Many governments are taking September 11th, these pledges are even
these obligations seriously, and my country more important.!!In our struggle against
appreciates it.!!Yet, even beyond Resolution hateful groups that exploit poverty and
1373, more is required, and more is despair, we must offer an alternative of
expected of our coalition against terror. opportunity and hope.
We're asking for a comprehensive The American government also stands by

commitment to this fight.!!We must unite in its commitment to a just peace in the Middle
opposing all terrorists, not just some of East.!!We are working toward a day when
them.!!In this world there are good causes two states, Israel and Palestine, live
and bad causes, and we may disagree on peacefully together within secure and
where the line is drawn.!!Yet, there is no recognize borders as called for by the
such thing as a good terrorist.!!No national Security Council resolutions.!!We will do all
aspiration, no remembered wrong can ever in our power to bring both parties back into
justify the deliberate murder of the negotiations.!!But peace will only come
innocent.!!Any government that rejects this when all have sworn off, forever,
principle, trying to pick and choose its incitement, violence and terror.
terrorist friends, will know the
consequences. And, finally, this struggle is a defining
moment for the United Nations, itself.!!And
We must speak the truth about the world needs its principled leadership.!!It
terror.!!Let us never tolerate outrageous undermines the credibility of this great
conspiracy theories concerning the attacks institution, for example, when the
of September the 11th; malicious lies that Commission on Human Rights offers seats
attempt to shift the blame away from the to the world's most persistent violators of
terrorists, themselves, away from the human rights.!!The United Nations depends,
guilty.!!To inflame ethnic hatred is to above all, on its moral authority -- and that
advance the cause of terror. authority must be preserved.
The war against terror must not serve as The steps I described will not be
an excuse to persecute ethnic and religious easy.!!For all nations, they will require
minorities in any country.!!Innocent people effort.!!For some nations, they will require
must be allowed to live their own lives, by great courage.!!Yet, the cost of inaction is
their own customs, under their own religion. far greater.!!The only alternative to victory is
And every nation must have avenues for the a nightmare world where every city is a
peaceful expression of opinion and potential killing field.
dissent.!!When these avenues are closed, the
temptation to speak through violence grows. As I've told the American people,
freedom and fear are at war.!!We face
We must press on with our agenda for enemies that hate not our policies, but our
peace and prosperity in every land.!!My existence; the tolerance of openness and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
creative culture that defines us.!!But the
outcome of this conflict is certain:!!There is 11.F.4 Kathleen Collins, ‘The End
a current in history and it runs toward Game in Central Asia”, from
freedom.!!Our enemies resent it and dismiss The Wall Street Journal, 1 8
it, but the dreams of mankind are defined by October 2001. She is assistant
liberty -- the natural right to create and build professor of government and
and worship and live in dignity.!!When men Central Asian studies at the
and women are released from oppression University of Notre Dame:
and isolation, they find fulfillment and hope,
and they leave poverty by the millions. http://www.nd.edu/~prinfo/news/2001/10-
18z.html In Reader II.
These aspirations are lifting up the
peoples of Europe, Asia, Africa and the
Americas, and they can lift up all of the
Islamic world.
11.F.5 Charles L. Glaser, “Terrorism
We stand for the permanent hopes of Weakens the Case for Missile
humanity, and those hopes will not be Defense.” Harris School
denied.!!We're confident, too, that history Research Report, Winter
has an author who fills time and eternity 2002. Charles L. Glaser is a
with his purpose.!!We know that evil is real, Professor and Deputy Dean at
but good will prevail against it.!!This is the Irving B. Harris Graduate
the!!teaching of many faiths, and in that School of Public Policy
assurance we gain strength for a long Studies at the University of
journey. Chicago. He is the author,
with Steve Fetter, of "National
It is our task -- the task of this generation Missile Defense and the
-- to provide the response to aggression and Future of U.S. Nuclear
terror.!!We have no other choice, because Weapons Policy,"
there is no other peace. International Security
(Summer 2001):
We did not ask for this mission, yet there
is honor in history's call. We have a chance http://www.harrisschool.uchicago.edu/publi
to write the story of our times, a story of cations/qrr/02wint_editorials.html
courage defeating cruelty and light
overcoming darkness.!!This calling is
worthy of any life, and worthy of every
nation.!!So let us go forward, confident,
determined, and unafraid.
Thank you very much.!!(Applause.)
END!!10:00 A.M. EST

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Politics of The "War On Terrorism"

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P72. Politics of the “War on Terrorism” Reader I.

1 Preliminaries. [18-20 September] On 26th February 1993, at approximately

12 May 2002! The crime scene and prosecution

1.F.2 Summary article on Ramzi Active Measures

This page is drawn from the Kukui

Aviation Security Deployed to Asia

United Airlines Honolulu Flight Threat

1995 Year in Review Saturday, January 14, 1995

Sunday, January 15, 1995

Wednesday, February 08, 1995

Friday, February 10, 1995

Monday, February 13, 1995 Sedition Act:

Kentucky Resolution [Draft, October]:

Plane terror suspects convicted on all counts

to the Act, Entitled SEC. 2. And be it farther enacted, That if

That the General Assembly doth also

HE has endeavoured to prevent the FOR imposing Taxes on us without our

NOR have we been wanting in Attentions to John Hancock.

http://directory.google.com/Top/Society/Cri Assigned Reading: Bibliobase, pp. 111-

Video:! CNN: McCarthyism during the

World Map Philip Morrison, a Professor of Physics,

Americans accused of being Communists 3. Why does Senator Margaret Chase

• BLACKLISTED- Background - The 4. What does the Tydings Committee

Anticommunism and Modern Art 6. According to Richard Fried, how did

3. McCarthyism's affect on Americans' 7. According to Fried, which groups of

Senator Joseph McCarthy:A Multimedia Lillian Hellman's FBI file

Victor Navasky's Naming Names "Communists Should Not Teach in

The Impact of McCarthyism Although Truman criticized the

The evening of Sept. 11, President Bush

"A great people has been moved to

These terrorist attacks were an act of war

2. Expresses its deepest sympathy and

http://daccess- Stresses that acts of international

The Security Council, Affirms that a sustained, comprehensive

Further declares that acts of international Welcomes the commitment expressed by

In that context, invites the Counter- House of Commons, 4 October 2001.

• the promotion of best-practice in the I am grateful to you, Mr. Speaker, for

Senior government officials were frantic June 21

• Text of FBI Director Robert Mueller's 4:10 P.M. EDT

• State Department Counterterrorism Office In the period starting in December 2000,

Now, there was a clear concern that

Q What security steps -- Q -- any specific information just prior to

DR. RICE: I did not.

ALEXANDRIA DIVISION DECEMBER 2001 TERM - AT

!!!!!1. At all relevant times from in or

The Charge The Provision of Guesthouses and

!!!!!7. On various occasions, an !!!!!11. On or about May 29, 1998, Usama

!!!!!12. In or about June 1999, in an Hijackers Receive Flight Training

!!!!!32. On or about October 25, 2000, in !!!!!37. Between on or about December 2

Jarrah (#93) Travels to Germany !!!!!70. On or about August 9 and August

• a hand-held aviation radio. !!!!!79. On or about August 26, 2001,

!!!!!86. On or about August 30, 2001, !!!!!95. On September 9, 2001, Waleed

!!!!!87. On or about September 3, 2001, in !!!!!96. On September 10, 2001, Marwan

!!!!!105. On or about September 11, 2001, A Co-Conspirator Calls On Muslims To

Bin Laden Praises The September 11 Overt Acts

A Co-Conspirator Solicits Violence (In violation of Title 49, United States

COUNT FOUR !!!!!1. The allegations contained in Count

COUNT SIX __________________________

!!!!!1. The allegations contained in Count MICHAEL CHERTOFF

!!!!!2. From in or about 1989 until the PAUL J. McNULTY

Overt Acts 5.Week Bruce Larkin: “Why This is

(In violation of Title 18, United States http://www.learnworld.com/DRAFTS/DRA