The 9/11 Recommendations Implementation Act: An Abridged Comparison of the Criminal Law and Procedure Provisions of H.R. 10 and S. 2845 as Passed by Their Respective Houses Page: 5 of 6
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CRS-5
Intelligence Director. It allows disclosure to foreign courts or prosecutors to use in official
criminal investigations, at their request and with the court's approval. In a related change,
it amends the provision - which now permits disclosure of evidence of a violation of
state or tribal law to the appropriate state or tribal authorities, with court approval - to
allow disclosure of evidence of foreign law violations to the appropriate foreign officials,
again with court approval. Finally, violations of the guidelines jointly issued by the
Attorney General and the Director of Central Intelligence [sic, probably should read
National Intelligence Director] are punishable as contempt of court, although the efficacy
of such a sanction in case of violations by foreign officials may be open to question.
Police Badges (H.R. 10: Section 2202/S. 2845: No similar provision): Existing law
prohibits unauthorized possession of a police badge or counterfeit police badge that has
been transported in interstate or foreign commerce, 18 U.S.C. 716(a). The law, however,
recognizes certain affirmative defenses, including the fact that it is used or intended for
use exclusively for exhibit, collection, decorative, theatrical or other recreational
purposes. Section 2202 eliminates the defenses for badges used for "decorative" or "other
recreational purposes."
Railroad Carriers and Mass Transportation Protection (H.R. 10: Subtitle IIJ (Secs. 2301-
2302) /S. 2845: No similar provision): The subtitle merges the existing train wrecking
proscription and the ban on terrorists attacks on mass transit apply uniformly the higher
sentencing and jurisdictional levels.
Prevention of terroristAccess to Destructive Weapons (H.R. 10: Subtitle IIK (Secs. 2401-
2411/S. 2845: No similar provisions): Subtitle IIK consists of eight substantive sections.
Four in the form of new crimes increase the penalties and jurisdictional reach of existing
proscriptions relating to the production, traffic in, and use as weapons of anti-aircraft
missiles, atomic weapons, radiological dispersal devices, and variola (smallpox) virus.
In each instance, the crimes are punishable by death or life imprisonment if death results
from the commission of the offense; by imprisonment for life if the offense involves use,
attempts to use, conspiracy to use, or a threat to use such weapons; by imprisonment for
not less than 30 years in all other instances; and by a fine of not more than $2 million in
all cases. In each instance the subtitle creates federal jurisdiction over the offense when
it occurs in or affects interstate or foreign commerce, when it is committed by or against
an American overseas, or when it is committed against federal property no matter where
the property is located. The subtitle then adds these four new crimes to the wiretapping
and money laundering predicate offense lists, to the list of federal crimes of terrorism, and
to export license screening list.
Terrorist Penalties Enhancement (H.R. 10: Subtitle IIL (Secs. 2501-2503)/S. 2845: No
similar provisions): The subtitle provides capital punishment as a sanction for those
existing death-causing terrorist offenses that do not already carry the death penalty. It also
denies convicted terrorists the benefits of certain federal programs and makes commission
of a terrorist offense an aggravating factor for capital punishment purposes. Finally, it
makes 1994 capital punishment procedures retroactively available to cases of air piracy
committed after establishment of earlier, now-repealed air piracy capital punishment
procedures.
Pretrial Detention and Postrelease Supervision of Terrorists (H.R. 10: Subtitle IIM
(Secs.2601-2603)/S. 2845: No similar provisions): The subtitle calls for preventive
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Doyle, Charles. The 9/11 Recommendations Implementation Act: An Abridged Comparison of the Criminal Law and Procedure Provisions of H.R. 10 and S. 2845 as Passed by Their Respective Houses, report, October 13, 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc820053/m1/5/: accessed June 8, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.