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A general understanding of current legislation affecting counter-terrorism strategies and efforts will help any law enforcement decisionmaker develop a plan for professional training and local emergency response. Below are links to legislation that outlines our nation's stance on terrorism; establishes protocols for preparation, investigation, and national security; and allocates funds for training, equipment, and response planning.
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Border Security & Immigration
An Act to Modify Certain Deadlines Pertaining to Machine-Readable, Tamper-Resistant Entry and Exit Documents (H.R. 4417) (PDF)
Presented to the President on July 28, 2004 for signature, this act amends the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) to extend the deadline by 1 year to 2005 for (1) U.S. ports of entry to install equipment and software capable of processing machine-readable, tamper-resistant entry and exit documents and passports that contain biometric identifiers; (2) Visa Waiver Program (VWP) countries to certify that they are issuing machine-readable, tamper-resistant passports that contain biometric and document authentication identifiers comporting with specified standards; and (3) VWP participants who are issued passports on or after the new deadline to present passports that comply with those requirements.
A Bill To Amend the Immigration and Nationality Act To Provide Permanent Authority
for the Admission of "S" Visa Nonimmigrants (S. 1424, Public Law No. 107-45)
Signed into law on October 1, 2001, this act grants permanent authority for the provision of
nonimmigrant "S" visas to aliens who possess, and will supply (or have supplied) to law
enforcement agencies, critical information concerning criminal or terrorist organizations.
Enhanced Border Security and Visa Entry Reform Act of 2002 (H.R. 3525, Public Law No.
107-173)
Signed into law on May 14, 2002, this act provides for increased numbers of Immigration and
Naturalization Service (INS) investigators and inspectors; authorizes appropriations for INS,
Border Patrol, and consular personnel, training, facilities, and security-related technology; and
calls for information sharing among border security, law enforcement, and intelligence agencies
(including technology standard and interoperability requirements), among other provisions.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Program to Collect
Information Relating to Nonimmigrant Foreign Students and other Exchange Program
Participants (Public Law No. 104-208, Section 641)
A final rule promulgated under this law established the Student and Exchange Visitor
Information System (SEVIS), an Internet reporting and tracking system that will track "F," "M,"
and "J" visa participants from the time they receive their documentation until they graduate/leave
school or conclude/leave their programs. Schools have until January 30, 2003 to enter data on
new, nonimmigrant students and until August 1, 2003 to complete entries on current students.
This information will be available to law enforcement, school officials, and certain U.S. State
Department and Immigration and Naturalization Service personnel.
Immigration and Nationality Act of 1952 (U.S. Code Title 8)
The U.S. Immigration and Naturalization Service (INS) has asked state and local police to
voluntarily arrest aliens who have violated criminal provisions of the U.S. Immigration and
Nationality Act or civil provisions that render an alien deportable, and who are wanted as
recorded by the National Crime Information Center. The National Security Entry-Exit
Registration System Fact Sheet details the purpose and procedures called for by the INS National
Security Entry-Exit Registration System. On December 6, 2002, INS issued a statement
emphasizing the registration requirements for visiting foreign nationals from the 18 countries
affected.
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Communications & Equipment
Communications Assistance for Law Enforcement Act (CALEA) (H.R. 4922, Public Law
No. 103-414, 108 Stat. 4279)
Signed into law on October 25, 1994, this act amends the federal criminal code to make clear a
telecommunications carrier's duty to cooperate in the interception of communications for law
enforcement purposes. The CALEA web site is an information clearinghouse for those interested
in CALEA; it provides information on capability, capacity, cost recovery, flexible deployment,
liaison, and reimbursement requirements and standards.
E-911 Implementation Act of 2003 (H.R. 2898) (PDF)
U.S. Congress, July 2003
The bill would authorize the U.S. Department of Commerce's National Telecommunications and
Information Administration to make matching grants to state and local governments and tribal
organizations to enhance emergency communications services through planning, infrastructure
improvements, equipment purchases, and personnel training and acquisition.
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Critical Infrastructure
National Construction Safety Team Act (H.R. 4687, Public Law No. 107-231) (PDF)
In response to the September 11, 2001 terrorist attack on the World Trade Center (WTC), this act
was signed into law on October 1, 2002, granting broad investigative authority to the National
Institute of Standards and Technology (NIST) concerning major U.S. building failures. NIST's
WTC site offers additional information.
Pipeline Safety Improvement Act of 2002 (H.R. 3609, Public Law No. 107-355)
Signed by President Bush on December 17, 2002, this law was enacted to further enhance the
security and safety of pipelines. It amends Title 49, Subtitle VIII of the U.S. Code.
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Cyberterrorism
Cyber Security Research and Development Act (H.R. 3394, Public Law 107-305) (PDF)
Signed into law on November 27, 2002, this legislation will establish computer security research
centers and fellowship programs through the National Science Foundation and the National
Institute of Standards and Technology.
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Domestic Security
Authorization for Use of Military Force (S.J.Res. 23, Public Law No. 107-40)
Signed into law on September 18, 2001, this act authorizes the President to use all necessary and
appropriate force against those nations, organizations, or people he determines planned,
authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, to
prevent any future acts of international terrorism against the United States by such nations,
organizations, or people.
Designating September 11 as Patriot Day (H.J.Res. 71, Public Law No. 107-89)
Signed into law on December 18, 2001, this act designates September 11 as Patriot Day. It
requests that the President issue a proclamation each year regarding the observation of Patriot
Day and that the U.S. flag be displayed at half staff in honor of individuals who lost their lives as
a result of the terrorist attacks of September 11, 2001.
Effective Counterterrorism Act of 1996 (H.R. 3071)
Signed into law on April 24, 1996 (as S.735, Public Law No. 104-132), this bill sets penalties for
providing terrorist organizations with material support, expands federal jurisdiction over bomb
threats, adds terrorism offenses to the money laundering statute, and establishes or increases
other penalties related to acts of terrorism. It also authorizes funding for specialized training or
equipment to enhance the capability of metropolitan fire and emergency service departments to
respond to terrorist attacks.
Foreign Intelligence Surveillance Act of 1978 (FISA) (U.S. Code Title 50, Chapter 36)
Under a November 18, 2002 FISA ruling by an appeals panel of the United States Foreign
Intelligence Surveillance Court of Review, police have been given broader power in the use of
surveillance against terror and espionage suspects. This action affirms the implementation of new
U.S. Department of Justice procedures that allow easier information access between federal
domestic police agencies and intelligence agencies.
Homeland Security Act of 2002 (H.R. 5005) (PDF)
Signed into law on November 25, 2002, this act restructures and strengthens the executive branch
of the Federal Government to better meet the threat posed by terrorism. In establishing a new
Department of Homeland Security, the act for the first time creates a federal department whose
primary mission will be to help prevent, protect against, and respond to acts of terrorism.
A Joint Resolution Expressing the Sense of the Senate and House of Representatives
Regarding the Terrorist Attacks Launched Against the United States on September 11,
2001 (S.J.Res. 22, Public Law No. 107-39)
Signed into law on September 18, 2001, this act condemns the terrorists who planned and carried
out the September 11, 2001, attacks against the United States; extends condolences to the victims
and their loved ones; commends the heroic actions of the rescue workers, volunteers, and public
officials who responded to these tragic events; declares that the nation will stand united as
recovery and rebuilding are carried out; and declares that the United States is entitled to respond
under international law.
Notice of Continuation of the National Emergency with Respect to Persons Who Commit, Threaten to Commit, or Support Terrorism
The White House, September 21, 2004
In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), the President has continued for 1 year the national emergency declared after 9/11 with respect to persons who commit, threaten to commit, or support terrorism.
Preparedness Against Terrorism Act of 2000 (H.R. 4210)
Referred to Senate committee on July 26, 2000, this bill requires the President to ensure that
federal emergency preparedness plans and programs are adequate and carried out in the event of
an act of terrorism or other catastrophic event.
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as
amended, 42 U.S.C. 5121, et seq.) (PDF)
Federal Emergency Management Agency, 2003
The Disaster Relief and Emergency Assistance Act provides the Federal Government with the
authority to respond to disasters and emergencies in order to provide assistance, save lives, and
protect public health, safety, and property. Such responses include establishing disaster
preparedness programs; providing funding for preparedness and prevention plans, and ensuring
that all appropriate federal agencies are prepared to issue disaster warnings to state and local
officials.
Terrorism: Section by Section Analysis of the USA Patriot Act (PDF)
Congressional Research Service, Library of Congress, December 2001
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism (USA PATRIOT) Act, Public Law 107-56, is part of the congressional
response to September 11, 2001. This document offers a section-by-section analysis of the act.
 Testimony of FBI Director, Robert Mueller, and CIA Director, George Tenet, From February 11, 2003 Before the U.S. Senate Select Committee on Intelligence
Read the full written testimony.
United States Fire Administration Reauthorization Act of 2003 (S. 1152, Public Law 108-169) (PDF)
Signed by the President on December 6, 2003, this bill reauthorizes appropriations for the U.S.
Fire Administration and authorizes increased federal assistance in evaluating and standardizing
fire prevention and control technologies in preparation for state and local fire service responses
to national emergencies.
Uniting and Strengthening America by Providing Appropriate Tools Required To
Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001 (H.R. 3162, Public
Law No. 107-56)
Signed into law on October 26, 2001, this act provides for enhanced domestic security against
terrorism, enhanced surveillance and intelligence procedures, mechanisms to detect and report
money laundering and currency crimes, enhanced immigrations provisions, and procedures for
cooperation and information sharing in investigating terrorism.
The USA PATRIOT Act
This web site, dedicated to the USA PATRIOT Act, is organized by specialized topics: major
speeches, dispelling the myths about the act, congressional votes, congressional explanations of
the act, support of the people, stories and articles, the full text of the act, and the anti-terror
record of accomplishments.
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Economic & Fiscal Issues
1984 Act to Combat International Terrorism (H.R. 6311, Public Law No. 98-533)
This act established the Rewards for Justice Program, under which the U.S. Secretary of State
may offer rewards for information that prevents or favorably resolves acts of international
terrorism against U.S. persons or property worldwide. Rewards also may be paid for information
leading to the arrest or conviction of terrorists attempting, committing, conspiring to commit, or
aiding and abetting the commission of such acts.
2001 Emergency Supplemental Appropriations Act for Recovery From and Response To
Terrorist Attacks on the United States (H.R. 2888, Public Law No. 107-38)
Signed into law on September 18, 2001, this act makes emergency supplemental appropriations
for fiscal year 2001 for emergency expenses to respond to the September 11 terrorist attacks,
provide assistance for the victims, and deal with other consequences of the attacks.
A Bill To Authorize the President To Exercise Waivers of Foreign Assistance Restrictions
With Respect to Pakistan Through September 30, 2003, and for Other Purposes (S. 1465,
Public Law No. 107-57)
Signed into law on October 27, 2001, this act exempts Pakistan from certain provisions under the
Foreign Operations, Export Financing, and Related Programs Appropriations Act for Fiscal Year
2002, or any provision of the act for a prior fiscal year, that prohibit direct U.S. assistance to a
country whose duly elected head of government was deposed by decree or military coup.
Clean Diamond Trade Act (H.R. 1584) (PDF)
On April 25, 2003, President Bush signed into law this act to ban illegal diamonds that finance
the illicit proliferation of arms and armed conflict and the resulting destabilization of legitimate
governments and violations of human rights. Upon implementation, this law will bring the
United States into compliance with the Kimberley Process Certification Scheme for Rough
Diamonds, an international agreement that bans the import or export of "conflict" or "blood"
diamonds.
Homeland Security Grant Enhancement Act of 2003 (S. 1245) (PDF)
Text of a Senate bill to provide for homeland security grant coordination and simplification. This
bill was referred to the Committee on Governmental Affairs on June 12, 2003.
Intelligence Authorization Act for Fiscal Year 2004 (H.R. 2417, S. 1025) (PDF)
This bill, presented to the White House on December 2, 2003, authorizes appropriations for fiscal
year 2004 for intelligence and intelligence-related activities of the U.S. government, the
Community Management Account, and the Central Intelligence Agency Retirement and
Disability System. This bill was signed by President George Bush on December 13, 2003 and
enacted as Public Law l08-177, 117 Stat. 2599.
International Emergency Economic Powers Act (IEEPA) (U.S. Code Title 50, Chapter 35)
This act authorizes the President to regulate foreign economic transactions when a national
emergency is declared to deal with any unusual and extraordinary threat to the United States that
has its source in whole or substantial part outside the United States. As amended after the
September 11, 2001 terrorist attacks, it also provides the President with the authority to freeze
assets in which any foreign country or national has an interest. (For further information, please
see the U.S. Department of the Treasury's web page for the Office of Foreign Assets Control,
Specially Designated Nationals and Blocked Persons and 31 Code of Federal Regulation, Part
595, Part 596, and Part 597.)
Public Safety Officer Benefits Bill (H.R. 2882, Public Law No. 107-37)
Signed into law on September 18, 2001, this act provides for expedited payment of death or
permanent disability benefits to qualified beneficiaries of public safety officers who were killed
or suffered a catastrophic injury in the line of duty in connection with the terrorist attacks of
September 11, 2001.
Rewards for Information Concerning Terrorist Acts and Espionage (U.S. Code Title 18,
Part II, Chapter 204)
An amendment to Section 3071 of this law authorizes the U.S. Attorney General to pay for
information that uncovers espionage activity, leads to the arrest and conviction of any persons
charged with an act of espionage against the United States (e.g., conspiring or attempting to
commit an act of espionage against the United States), or leads to the prevention or frustration of
an act of espionage against the United States. (To report suspected intelligence or terrorism
activities, call the FBI Field Office nearest you.)
Terrorism Risk Insurance Program
On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of
2002. This new law established a temporary federal program that provides for a transparent
system of shared public and private compensation for insured losses resulting from acts of
terrorism.
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First Responders
Community Protection and Response Act of 2003 (H.R. 2878) (PDF)
108th U.S. Congress, 1st Session, July 24, 2003
Introduced by Representative Carolyn B. Maloney (New York), the Community Protection and
Response Act of 2003 amends the Robert T. Stafford Disaster Relief and Emergency Assistance
Act to improve federal response efforts after a terrorist strike or other major disaster affecting
homeland security.
Emergency Preparedness and Response Act of 2003 (S. 930) (PDF)
108th U.S. Congress, 1st Session, April 28, 2003
Introduced by Senator James M. Jeffors (Vermont), the Emergency Preparedness and Response
Act of 2003 amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to
establish a program that provides assistance to enhance the ability of first responders to prepare
for and respond to all hazards.
First Responders Partnership Grant Act of 2003 (S. 466) (PDF)
Text of a Senate bill that authorizes the Secretary of Homeland Security to make grants to states,
local governments, and Indian tribes to support public safety officers in protecting homeland
security and responding to acts of terrorism.
Mychal Judge Police and Fire Chaplains Public Safety Officers' Benefit Act of 2002 (S.
2431, Public Law 107-196) (PDF)
This law was enacted on June 24, 2002 and applies to incidents that occurred on and after
September 11, 2001. It amends the Omnibus Crime Control and Safe Streets Act of 1968 to
ensure that chaplains killed in the line of duty receive public safety officer death benefits.
Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA) (50 U.S. Code Appendix, Section
510-593)
Many law enforcement officers and other first responders serve as reserve military personnel. For
civilians called to active service, some benefits of the Soldiers' and Sailors' Civil Relief Act
include reduced interest rates on mortgage payments and credit card debt, protection against
eviction from residences having rents under $1,200, and delays in civil court actions.
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Medical & Public Health Issues
Project Bioshield Act of 2003 (S. 1504) (PDF)
U.S. Congress, July 2003
This bill would amend the Public Health Service Act to provide protections and countermeasures
against chemical, radiological, and nuclear agents that may be used in a terrorist attack against
the United States.
Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (H.R.
3448, Public Law 107-188) (PDF)
Signed into law on June 12, 2002, this act was crafted by Congress to improve the ability of the
United States to prevent, prepare for, and respond to bioterrorism and other public health
emergencies. The Food and Drug Administration is charged with implementing this legislation
and has prepared an online resource to provide updates and allow continuing public discussion
on this process via the National Institutes of Health listserv, FDA-BIOTERRORISMACT.
Smallpox Emergency Personnel Protection Act of 2003 (H.R. 1770, Public Law No. 108-20)
(PDF)
Signed into law on April 30, 2003, this act authorizes benefits and other compensation for certain
individuals with injuries resulting from administration of smallpox countermeasures.
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Online Resources
Biological, Chemical and Agricultural Terrorism Legislation Database
This searchable database, from the National Conference of State Legislatures (NCSL), is updated
monthly and contains pending and enacted state laws on biological, chemical, nuclear, and
agricultural terrorism, as well as ecoterrorism, emergency preparedness, public health, and
funding. NCLS's web site also contains summaries of state legislation by topic and year of introduction, repeal, failure, or passage.
Legislation Related to the Attack of September 11, 2001
In 1995, under a directive from the 104th Congress, the Thomas Legislative Information on the
Internet web site began making federal legislative information available online. Since September
2001, this site has provided a selection of enacted and pending bills and resolutions to keep the
public aware of legislation related to terrorist attacks on the United States. Updates for this site
ended after the conclusion of the 107th Congress in 2002.
Legislative Branch Resources on GPO Access
This web portal provided by GPO Access enables users to search congressional bills, public and
private U.S. laws, the U.S. Code, and documents concerning the federal legislative branch.
National District Attorneys Association (NDAA) Issues: Terrorism
This portion of NDAA's web site provides links to terrorism-related legislation resources.
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Transportation Security
Air Transportation Safety and System Stabilization Act (H.R. 2926, Public Law No. 107-42)
Signed into law on September 22, 2001, this act directs the President to take certain actions to
preserve the continued viability and security of the U.S. air transportation system. Title IV:
Victim Compensation establishes a victim compensation program for any individual who was
injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001. See the U.S. Department of Justice's September 11th Victim Compensation Fund of 2001.
Anti-Terrorism and Port Security Act of 2003 (S. 746) (PDF)
Text of a Senate bill to prevent and respond to terrorism and crime at or through ports.
Aviation and Transportation Security Act (S. 1447, Public Law No. 107-71)
Signed into law on November 19, 2001, this act establishes the Transportation Security
Administration to improve security in all modes of transportation, create and implement
protocols for dealing with threats to transportation, manage domestic transportation during a
national emergency, and manage security information.
Maritime Transportation Security Act of 2002 (Public Law 107-295)
Signed into law on November 25, 2002, this bill amends the Merchant Marine Act of 1936 to
establish a program to ensure greater security for U.S. seaports. The act directs the Secretary of
Transportation to assess port vulnerability and to prepare a National Maritime Transportation
Antiterrorism Plan for deterring catastrophic emergencies.
Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes; Electronic Submission, 69 Fed. Reg. 51,176 (2004) (33 C.F.R. Parts 104, 105, 160) (PDF)
The U.S. Coast Guard is changing its definition of "certain dangerous cargo" to include ammonium nitrate and certain ammonium nitrate fertilizers shipped in bulk, as well as propylene oxide, alone or mixed with ethylene oxide in bulk. The Coast Guard is also adding two options for vessels to submit notices of arrival electronically. This temporary final rule was published August 18, 2004 and becomes effective on September 17, 2004.
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Weapons of Mass Destruction
Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (S. 880, Public
Law No. 106-40) (PDF)
This law, signed by President Clinton on August 5, 1999, requires the promulgation of
regulations that address public access to information about the worst possible impact that a
release of toxic or flammable chemicals from a facility could have on the nearby populace and
environment. The U.S. Department of Justice, which was tasked with describing the risks
associated with the release of off-site consequence analysis data, has documented its findings in
the Department of Justice Assessment of the Increased Risk of Terrorist or Other Criminal
Activity Associated with Posting Off-Site Consequence Analysis Information on the Internet.
Chemical Weapons (U.S. Code Title 18, Part I, Chapter 11B)
This portion of the United States Code defines and prohibits illegal development, acquisition,
delivery, possession, and use of a chemical agent as a weapon and delineates investigative and
prosecutorial procedures for interdiction, which include military assistance to enforce prohibition
in certain emergencies.
Crimes and Criminal Procedure, Crimes, Biological Weapons (U.S. Code Title 18, Part I,
Chapter 10)
This portion of the United States Code defines and prohibits illegal development, acquisition,
delivery, possession, and use of a biological agent as a weapon and delineates investigative and
prosecutorial procedures for interdiction, which include military assistance to enforce prohibition
in certain emergencies.
Defense Against Weapons of Mass Destruction (Public Law 104-201, U.S. Code Title 50
Chapter 40)
This chapter of the U.S. Code directs the President and Secretary of Defense to take immediate
actions both to enhance the capability of the Federal Government to respond to terrorist incidents
and to support improvements in the capabilities of state and local emergency response agencies.
Project Bioshield Act of 2004
Signed into law by President Bush on July 21, 2004, Project Bioshield authorizes appropriations to develop, procure, and make available countermeasures against chemical, biological, radiological, or nuclear weapons that could cause public health emergencies affecting national security.
Safe Explosives Act (Homeland Security Act of 2002, Public Law No. 107-296, Section
1121)
Included as part of the Homeland Security Act of 2002 and signed by President Bush on
November 25, 2002, the Safe Explosives Act empowers the Bureau of Alcohol, Tobacco and
Firearms (ATF) to apply stricter controls on the purchase of explosives. Effective May 24, 2002,
any person who wants to transport, ship, cause to be transported, or receive explosive materials
must first obtain a federal permit. ATF has prepared a special online reference page to keep the
public informed of resulting regulations.
Terrorist Bombings Convention Implementation Act of 2002 (Title I) and Suppression of
the Financing of Terrorism Convention Implementation Act of 2002 (Title II) (H.R. 3275,
Public Law No. 107-197) (PDF)
This bill was enacted as Public Law Number 107-197 on June 25, 2002. Title I implements the
International Convention for the Suppression of Terrorist Bombings, which was signed by the
United States on January 12, 1998. This convention imposes legal obligations on state parties
either to submit for prosecution or to extradite any person within their jurisdiction who
unlawfully and intentionally delivers, places, discharges, or detonates an explosive or other lethal
device in, into, or against a place of public use, a state or government facility, a public
transportation system, or an infrastructure facility. Title II implements the International
Convention for the Suppression of the Financing of Terrorism, which was signed by the United
States on January 10, 2000. This convention imposes legal obligations on state parties either to
submit for prosecution or to extradite any person within their jurisdiction who unlawfully and
willfully provides or collects funds with the intention that they should be used to carry out
various terrorist activities. State parties are subject to the obligations of these conventions
without regard to the place where the alleged acts included in these conventions take place.
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