General John Ashcroft
Appearance Before House Judiciary Committe
September 24, 2001
"The danger that darkened the United States of America and the civilized
world on September 11 did not pass with the atrocities committed that day,"
said Ashcroft. "It requires that we provide law enforcement with the tools
necessary to identify, dismantle, disrupt and punish terrorist organizations
before they strike again. Terrorism is a clear and present danger to American's
The proposed legislation seeks to combat terrorist activity on several fronts.
Title I enhances the Department's capacity to gather intelligence necessary
to combat terrorist organizations who increasingly employ sophisticated modes
of global communications. Existing wiretap authority and procedures have not
kept pace with the development of modern technology or the mode of operations
of international terrorist organizations. Since current wiretap authority is
often restricted to specific property as opposed to allowing law enforcement
to follow suspects, current authority is inadequate for investigative personnel
to monitor terrorist agents and associates. These proposals update the law to
the technology. Terrorist offenses necessitate and justify comprehensive intelligence
Title II enhances the authority of the Immigration and Naturalization Service
to detain and remove suspected terrorists by expanding the definition of terrorists
to include those who lend support to terrorist organizations. The ability of
terrorists to enter the United States and operate within the country is the
obvious prerequisite to their capacity to inflict damage on citizens and facilities.
These proposals protect the integrity of the United States borders without sacrificing
the ability to welcome law-abiding visitors and legal immigrants.
Title III proposes changes to enhance prosecutors' ability to disable terrorists
organizations through the legal process. The proposal amends current law to
encourage investigation and prosecution prior to successful completion of a
devastating terrorist attack. Terrorism should be considered no less than murder
and the elimination of the statute of limitations on terrorist acts is reflective
of these sentiments. In addition, this legislation provides for alternative
maximum sentences, up to life, for the commission of terrorist acts, giving
judges the ability to punish terrorists commensurate to their crimes. A number
of other proposals are designed to punish or deter those who would assist terrorists
and their organizations through concealment of their activities or their members.
The lending of support that works to further terrorist organizations and to
perpetuate terrorist attacks is expressly criminalized. In these specific changes
to the law of crimes and criminal procedure, the constitutional rights of the
accused are respected.
Title IV aims at the financial infrastructure of terrorist organizations whose
sophisticated operations require substantial financial resources. Often such
resources are provided by those not directly responsible for terrorist acts.
These proposals will cripple the capacity of terrorist organizations to finance
their illegal activities through criminal and civil forfeiture of resources.
In addition, criminal liability is specifically imposed on those who knowingly
engage in financial transactions involving the proceeds of these acts.
Title V authorizes emergency operations in response to the September 11 attacks
and assists the Attorney General in providing support and relief to the victims.
These proposals provide the Attorney General greater discretion and authority
to disburse funds with regard to rewards to be offered in connection with crimes