SUMMARY AS OF: 10/12/2001--Passed House, amended. Uniting and Strengthening America Act or USA Act of 2001 -
Title I: Enhancing Domestic Security Against Terrorism - Establishes in the U.S. Treasury the Counterterrorism Fund.
(Sec. 102) Expresses the sense of Congress that: (1) the civil rights and liberties of all Americans, including Arab Americans, must be protected, and that every effort must be taken to preserve their safety; (2) any acts of violence or discrimination against any Americans be condemned; and (3) the Nation is called upon to recognize the patriotism of fellow citizens from all ethnic, racial, and religious backgrounds.
(Sec. 103) Authorizes appropriations for the Federal Bureau of Investigation's (FBI) Technical Support Center.
(Sec. 104) Authorizes the Attorney General to request the Secretary of Defense to provide assistance in support of Department of Justice (DOJ) activities relating to the enforcement of Federal criminal code (code) provisions regarding the use of weapons of mass destruction during an emergency situation involving a weapon (currently, chemical weapon) of mass destruction.
(Sec. 105) Requires the Director of the U.S. Secret Service to take actions to develop a national network of electronic crime task forces throughout the United States to prevent, detect, and investigate various forms of electronic crimes, including potential terrorist attacks against critical infrastructure and financial payment systems.
(Sec. 106) Modifies provisions relating to presidential authority under the International Emergency Powers Act to: (1) authorize the President, when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, to confiscate any property subject to U.S. jurisdiction of a foreign person, organization, or country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks (the rights to which shall vest in such agency or person as the President may designate); and (2) provide that, in any judicial review of a determination made under such provisions, if the determination was based on classified information such information may be submitted to the reviewing court ex parte and in camera.
Title II: Enhanced Surveillance Procedures - Amends the Federal criminal code to authorize the interception of wire, oral, and electronic communications for the production of evidence of: (1) specified chemical weapons or terrorism offenses; and (2) computer fraud and abuse.
(Sec. 203) Amends rule 6 of the Federal Rules of Criminal Procedure (FRCrP) to permit the sharing of grand jury information that involves foreign intelligence or counterintelligence with Federal law enforcement, intelligence, protective, immigration, national defense, or national security officials (such officials), subject to specified requirements. Authorizes an investigative or law enforcement officer, or an attorney for the Government, who, by authorized means, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom to disclose such contents to such officials to the extent that such contents include foreign intelligence or counterintelligence. Directs the Attorney General to establish procedures for the disclosure of information (pursuant to the code and the FRCrP) that identifies a United States person, as defined in the Foreign Intelligence Surveillance Act of 1978 (FISA). Authorizes the disclosure of foreign intelligence or counterintelligence obtained as part of a criminal investigation to such officials.
(Sec. 204) Clarifies that nothing in code provisions regarding pen registers shall be deemed to affect the acquisition by the Government of specified foreign intelligence information, and that procedures under FISA shall be the exclusive means by which electronic surveillance and the interception of domestic wire and oral (current law) and electronic communications may be conducted.
(Sec. 205) Authorizes the Director of the FBI to expedite the employment of personnel as translators to support counter-terrorism investigations and operations without regard to applicable Federal personnel requirements. Requires: (1) the Director to establish such security requirements as necessary for such personnel; and (2) the Attorney General to report to the House and Senate Judiciary Committees regarding translators.
(Sec. 206) Grants roving surveillance authority under FISA after requiring a court order approving an electronic surveillance to direct any person to furnish necessary information, facilities, or technical assistance in circumstances where the Court finds that the actions of the surveillance target may have the effect of thwarting the identification of a specified person.
(Sec. 207) Increases the duration of FISA surveillance permitted for non-U.S. persons who are agents of a foreign power. (Sec. 208) Increases (from seven to 11) the number of district court judges designated to hear applications for and grant orders approving electronic surveillance. Requires that no fewer than three reside within 20 miles of the District of Columbia.
(Sec. 209) Permits the seizure of voice-mail messages under a warrant.
(Sec. 210) Expands the scope of subpoenas for records of electronic communications to include the length and types of service utilized, temporarily assigned network addresses, and the means and source of payment (including any credit card or bank account number).
(Sec. 211) Amends the Communications Act of 1934 to permit specified disclosures to Government entities, except for records revealing cable subscriber selection of video programming from a cable operator.
(Sec. 212) Permits electronic communication and remote computing service providers to make emergency disclosures to a governmental entity of customer electronic communications to protect life and limb.
(Sec. 213) Authorizes Federal district courts to allow a delay of required notices of the execution of a warrant if immediate notice may have an adverse result and under other specified circumstances.
(Sec. 214) Prohibits use of a pen register or trap and trace devices in any investigation to protect against international terrorism or clandestine intelligence activities that is conducted solely on the basis of activities protected by the first amendment to the U.S. Constitution.
(Sec. 215) Authorizes the Director of the FBI (or designee) to apply for a court order requiring production of certain business records for foreign intelligence and international terrorism investigations. Requires the Attorney General to report to the House and Senate Intelligence and Judiciary Committees semi-annually.
(Sec. 216) Amends the code to: (1) require a trap and trace device to restrict recoding or decoding so as not to include the contents of a wire or electronic communication; (2) apply a court order for a pen register or trap and trace devices to any person or entity providing wire or electronic communication service in the United States whose assistance may facilitate execution of the order; and (3) allow a trap and trace device to identify the source (but not the contents) of a wire or electronic communication.
(Sec. 217) Makes it lawful to intercept the wire or electronic communication of a computer trespasser in certain circumstances.
(Sec. 218) Amends FISA to require an application for an electronic surveillance order or search warrant to certify that a significant purpose (currently, the sole or main purpose) of the surveillance is to obtain foreign intelligence information.
(Sec. 219) Amends rule 41 of the FRCrP to permit Federal magistrate judges in any district in which terrorism-related activities may have occurred to issue search warrants for searches within or outside the district. (Sec. 220) Provides for nationwide service of search warrants for electronic evidence.
(Sec. 221) Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to extend trade sanctions to the territory of Afghanistan controlled by the Taliban.
(Sec. 222) Specifies that: (1) nothing in this Act shall impose any additional technical obligation or requirement on a provider of a wire or electronic communication service or other person to furnish facilities or technical assistance; and (2) a provider of such service and a landlord, custodian, or other person who furnishes such facilities or technical assistance shall be reasonably compensated for such reasonable expenditures incurred in providing such facilities or assistance.
(Sec. 223) Amends the code to establish procedures for administrative discipline for willful disclosure of a record obtained by an investigative or law enforcement officer or a governmental entity. Authorizes civil actions against the United States for violations of the code and of FISA.
(Sec. 224) Provides that the surveillance provisions of this title shall cease to have effect on December 31, 2004, with a two-year extension upon presidential notification to Congress.
Title III: Financial Infrastructure - Amends the Federal criminal code with respect to fraud and related activity in connection with access devices to extend extraterritorial jurisdiction over any person who engages in any act outside the jurisdiction of the United States that would constitute a criminal offense if committed within U.S. jurisdiction, if: (1) the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity within the jurisdiction of the United States; and (2) the person transports, delivers, conveys, transfers, or otherwise stores, secrets, or holds within U.S. jurisdiction, any article used in the commission of the offense or the proceeds or property derived from it (thus subjecting such person to U.S. fines, penalties, imprisonment, and forfeiture).
Title IV: Protecting the Border - Subtitle A: Protecting the Northern Border - Authorizes the Attorney General to waive certain Immigration and Naturalization Service (INS) personnel caps with respect to ensuring security needs on the Northern border.
(Sec. 402) Authorizes appropriations to: (1) triple the number of Border Patrol, Customs Service, and INS personnel (and support facilities) at points of entry and along the Northern border; and (2) INS and Customs for related border monitoring technology and equipment.
(Sec. 403) Amends the Immigration and Nationality Act to require the Attorney General and the Federal Bureau of Investigation (FBI) to provide the Department of State and INS with access to specified criminal history extracts in order to determine whether or not a visa or admissions applicant has a criminal history. Directs the FBI to provide periodic extract updates. Provides for confidentiality. Directs the Attorney General and the Secretary of State to develop a technology standard to identify visa and admissions applicants, which shall be the basis for an electronic system of law enforcement and intelligence sharing system available to consular, law enforcement, intelligence, and Federal border inspection personnel.
(Sec. 404) Amends the Department of Justice Appropriations Act, 2001 to eliminate certain INS overtime restrictions.
(Sec. 405) Directs the Attorney General to report on the feasibility of enhancing the Integrated Automated Fingerprint Identification System and other identification systems to better identify foreign individuals in connection with U.S. or foreign criminal investigations before issuance of a visa to, or permitting such person's entry or exit from the United States. Authorizes appropriations.
Subtitle B: Enhanced Immigration Provisions - Amends the Immigration and Nationality Act to broaden the scope of aliens ineligible for admission or deportable due to terrorist activities to include an alien who: (1) is a representative of a political, social, or similar group whose political endorsement of terrorist acts undermines U.S. antiterrorist efforts; (2) has used a position of prominence to endorse terrorist activity, or to persuade others to support such activity in a way that undermines U.S. antiterrorist efforts (or the child or spouse of such an alien under specified circumstances); or (3) has been associated with a terrorist organization and intends to engage in threatening activities while in the United States. Includes within the definition of "terrorist activity" the use of any weapon or dangerous device. Redefines "engage in terrorist activity" to mean, in an individual capacity or as a member of an organization, to: (1) commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; (2) prepare or plan a terrorist activity; (3) gather information on potential targets for terrorist activity; (4) solicit funds or other things of value for a terrorist activity or a terrorist organization (with an exception for lack of knowledge); (5) solicit any individual to engage in prohibited conduct or for terrorist organization membership (with an exception for lack of knowledge); or (6) commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training for the commission of a terrorist activity; to any individual who the actor knows or reasonably should know has committed or plans to commit a terrorist activity; or to a terrorist organization (with an exception for lack of knowledge). Defines "terrorist organization" as a group: (1) designated under the Immigration and Nationality Act or by the Secretary of State; or (2) a group of two or more individuals, whether related or not, which engages in terrorist-related activities. Provides for the retroactive application of amendments under this Act.
Subtitle C: Preservation of Immigration Benefits for Victims of Terrorism - Authorizes the Attorney General to provide permanent resident status through the special immigrant program to an alien (and spouse, child, or grandparent under specified circumstances) who was the beneficiary of a petition filed on or before September 11, 2001, to grant the alien permanent residence as an employer-sponsored immigrant or of an application for labor certification if the petition or application was rendered null because of the disability of the beneficiary or loss of employment due to physical damage to, or destruction of, the business of the petitioner or applicant as a direct result of the terrorist attacks on September 11, 2001 (September attacks), or because of the death of the petitioner or applicant as a direct result of such attacks.
(Sec. 422) States that an alien who was legally in a nonimmigrant status and was disabled as a direct result of the September attacks may remain in the United States until his or her normal status termination date or September, 11, 2002. Includes in such extension the spouse or child of such an alien or of an alien who was killed in such attacks. Authorizes employment during such period. Extends specified immigration-related deadlines and other filing requirements for an alien (and spouse and child) who was directly prevented from meeting such requirements as a result of the September attacks respecting: (1) nonimmigrant status and status revision; (2) diversity immigrants; (3) immigrant visas; (4) parolees; and (5) voluntary departure.
(Sec. 423) Waives, under specified circumstances, the requirement that an alien spouse (and child) of a U.S. citizen must have been married for at least two years prior to such citizen's death in order to maintain immediate relative status if such citizen died as a direct result of the September attacks. Provides for: (1) continued family-sponsored immigrant eligibility for the spouse, child, or unmarried son or daughter of a permanent resident who died as a direct result of such attacks; and (2) continued eligibility for adjustment of status for the spouse and child of an employment-based immigrant who died similarly.
(Sec. 424) Amends the Immigration and Nationality Act to extend the visa categorization of "child" for aliens with petitions filed on or before September 11, 2001, for aliens whose 21st birthday is in September 2001 (90 days), or after September 2001 (45 days).
(Sec. 425) Authorizes the Attorney General to provide temporary administrative relief to an alien who, as of September, 10, 2001, was lawfully in the United States and was the spouse, parent, or child of an individual who died or was disabled as a direct result of the September attacks.
(Sec. 426) Directs the Attorney General to establish evidentiary guidelines for death, disability, and loss of employment or destruction of business in connection with the provisions of this subtitle.
(Sec. 427) Prohibits benefits to terrorists or their family members.
(Sec. 428) Defines specified terms.
Title V: Removing Obstacles to Investigating Terrorism - Authorizes the Attorney General to pay rewards from available funds pursuant to public advertisements for assistance to DOJ to combat terrorism and defend the Nation against terrorist acts, in accordance with procedures and regulations established or issued by the Attorney General, subject to specified conditions, including a prohibition against any such reward of $250,000 or more from being made or offered without the personal approval of either the Attorney General or the President.
(Sec. 502) Amends the State Department Basic Authorities Act of 1956 to modify the Department of State rewards program to authorize rewards for information leading to: (1) the dismantling of a terrorist organization in whole or significant part; and (2) the identification or location of an individual who holds a key leadership position in a terrorist organization. Raises the limit on rewards if the Secretary State determines that a larger sum is necessary to combat terrorism or defend the Nation against terrorist acts.
(Sec. 503) Amends the DNA Analysis Backlog Elimination Act of 2000 to qualify a Federal terrorism offense for collection of DNA for identification.
(Sec. 504) Amends FISA to authorize consultation among Federal law enforcement officers regarding information acquired from an electronic surveillance or physical search in terrorism and related investigations or protective measures.
(Sec. 505) Allows the FBI to request telephone toll and transactional records, financial records, and consumer reports in any investigation to protect against international terrorism or clandestine intelligence activities only if the investigation is not conducted solely on the basis of activities protected by the first amendment to the U.S. Constitution.
(Sec. 506) Revises U.S. Secret Service jurisdiction with respect to fraud and related activity in connection with computers. Grants the FBI primary authority to investigate specified fraud and computer related activity for cases involving espionage, foreign counter-intelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or restricted data, except for offenses affecting Secret Service duties.
(Sec. 507) Amends the General Education Provisions Act and the National Education Statistics Act of 1994 to provide for disclosure of educational records to the Attorney General in a terrorism investigation or prosecution.
Title VI: Providing for Victims of Terrorism, Public Safety Officers, and Their Families
Subtitle A: Aid to Families of Public Safety Officers - Provides for expedited payments for: (1) public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack; and (2) heroic public safety officers. Increases Public Safety Officers Benefit Program payments.
Subtitle B: Amendments to the Victims of Crime Act of 1984 - Amends the Victims of Crime Act of 1984 to: (1) revise provisions regarding the allocation of funds for compensation and assistance, location of compensable crime, and the relationship of crime victim compensation to means-tested Federal benefit programs and to the September 11th victim compensation fund; and (2) establish an antiterrorism emergency reserve in the Victims of Crime Fund.
Title VII: Increased Information Sharing for Critical Infrastructure Protection - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend Bureau of Justice Assistance regional information sharing system grants to systems that enhance the investigation and prosecution abilities of participating Federal, State, and local law enforcement agencies in addressing multi-jurisdictional terrorist conspiracies and activities.
Title VIII: Strengthening the Criminal Laws Against Terrorism - Sets forth provisions prohibiting specific terrorist acts or otherwise destructive, disruptive, or violent acts against mass transportation vehicles, ferries, providers, employees, passengers, or operating systems.
(Sec. 802) Amends the Federal criminal code to: (1) revise the definition of "international terrorism" to include activities that appear to be intended to affect the conduct of government by mass destruction; and (2) define "domestic terrorism" as activities that occur primarily within U.S. jurisdiction, that involve criminal acts dangerous to human life, and that appear to be intended to intimidate or coerce a civilian population, to influence government policy by intimidation or coercion, or to affect government conduct by mass destruction, assassination, or kidnapping.
(Sec. 803) Prohibits harboring any person knowing or having reasonable grounds to believe that such person has committed or is about to commit a terrorism offense.
(Sec. 804) Establishes Federal jurisdiction over crimes committed at U.S. facilities abroad.
(Sec. 805) Applies the prohibitions against providing material support for terrorism to offenses outside of the United States.
(Sec. 806) Subjects to civil forfeiture all assets, foreign or domestic, of terrorist organizations.
(Sec. 808) Expands: (1) the offenses over which the Attorney General shall have primary investigative jurisdiction under provisions governing acts of terrorism transcending national boundaries; and (2) the offenses included within the definition of the Federal crime of terrorism.
(Sec. 809) Provides that there shall be no statute of limitations for certain terrorism offenses if the commission of such an offense resulted in, or created a foreseeable risk of, death or serious bodily injury to another person.
(Sec. 810) Provides for alternative maximum penalties for terrorism crimes.
(Sec. 811) Makes: (1) the penalties for attempts and conspiracies the same as those for terrorism offenses; (2) the supervised release terms for offenses with terrorism predicates any term of years or life; and (3) specified terrorism crimes Racketeer Influenced and Corrupt Organizations statute predicates.
(Sec. 814) Revises prohibitions and penalties regarding fraud and related activity in connection with computers to include specified cyber-terrorism offenses.
(Sec. 816) Directs the Attorney General to establish regional computer forensic laboratories, and to support existing laboratories, to develop specified cyber-security capabilities. Title IX: Improved Intelligence - Amends the National Security Act of 1947 to require the Director of Central Intelligence (DCI) to establish requirements and priorities for foreign intelligence collected under the Foreign Intelligence Surveillance Act of 1978 and to provide assistance to the Attorney General (AG) to ensure that information derived from electronic surveillance or physical searches is disseminated for efficient and effective foreign intelligence purposes. Requires the inclusion of international terrorist activities within the scope of foreign intelligence under such Act.
(Sec. 903) Expresses the sense of Congress that officers and employees of the intelligence community should establish and maintain intelligence relationships to acquire information on terrorists and terrorist organizations.
(Sec. 904) Authorizes deferral of the submission to Congress of certain reports on intelligence and intelligence-related matters until: (1) February 1, 2002; or (2) a date after February 1, 2002, if the official involved certifies that preparation and submission on February 1, 2002, will impede the work of officers or employees engaged in counterterrorism activities. Requires congressional notification of any such deferral.
(Sec. 905) Requires the AG or the head of any other Federal department or agency with law enforcement responsibilities to expeditiously disclose to the DCI any foreign intelligence acquired in the course of a criminal investigation.
(Sec. 906) Requires the AG, DCI, and Secretary of the Treasury to jointly report to Congress on the feasibility and desirability of reconfiguring the Foreign Asset Tracking Center and the Office of Foreign Assets Control to provide for the analysis and dissemination of foreign intelligence relating to the financial capabilities and resources of international terrorist organizations.
(Sec. 907) Requires the DCI to report to the appropriate congressional committees on the establishment and maintenance of the National Virtual Translation Center for timely and accurate translation of foreign intelligence for elements of the intelligence community.
(Sec. 908) Requires the AG to provide a program of training to Government officials regarding the identification and use of foreign intelligence.