The USA Patriot ACT: SUMMARY AS OF:
10/24/2001--Passed House, without amendment.
(Summary is from http://members.tripod.com/~warrior69/id144.htm
Uniting and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 - Title
I: Enhancing Domestic Security Against Terrorism - Establishes in the 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
(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
(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
(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
(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; (3) require specified records kept on any pen register
or trap and trace device on a packet-switched data network of a provider of
electronic communication service to the public; and (4) allow a trap and trace
device to identify the source (but not the contents) of a wire or electronic
(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
(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 Federal criminal code to provide for
administrative discipline of Federal officers or employees who violate prohibitions
against unauthorized disclosures of information gathered under this Act. Provides
for civil actions against the United States for damages by any person aggrieved
by such violations.
(Sec. 224) Terminates this title on December 31, 2005, except
with respect to any particular foreign intelligence investigation beginning
before that date, or any particular offense or potential offense that began
or occurred before it.
(Sec. 225) Amends the Foreign Intelligence Surveillance Act
of 1978 to prohibit a cause of action in any court against a provider of a
wire or electronic communication service, landlord, custodian, or any other
person that furnishes any information, facilities, or technical assistance
in accordance with a court order or request for emergency assistance under
such Act (for example, with respect to a wiretap).
Title III: International Money Laundering Abatement and Anti-Terrorist
Financing Act of 2001 - International Money Laundering Abatement and Financial
Anti-Terrorism Act of 2001- Sunsets this Act after the first day of FY 2005
if Congress enacts a specified joint resolution to that effect.
Subtitle A: International Counter Money Laundering and Related
Measures - Amends Federal law governing monetary transactions to prescribe
procedural guidelines under which the Secretary of the Treasury (the Secretary)
may require domestic financial institutions and agencies to take specified
measures if the Secretary finds that reasonable grounds exist for concluding
that jurisdictions, financia1 institutions, types of accounts, or transactions
operating outside or within the United States, are of primary money laundering
concern. Includes mandatory disclosure of specified information relating to
certain correspondent accounts.
(Sec. 312) Mandates establishment of due diligence mechanisms
to detect and report money laundering transactions through private banking
accounts and correspondent accounts.
(Sec. 313) Prohibits U.S. correspondent accounts with foreign
(Sec. 314) Instructs the Secretary to adopt regulations to
encourage further cooperation among financial institutions, their regulatory
authorities, and law enforcement authorities, with the specific purpose of
encouraging regulatory authorities and law enforcement authorities to share
with financial institutions information regarding individuals, entities, and
organizations engaged in or reasonably suspected (based on credible evidence)
of engaging in terrorist acts or money laundering activities. Authorizes such
regulations to create procedures for cooperation and information sharing on
matters specifically related to the finances of terrorist groups as well as
their relationships with international narcotics traffickers
Requires the Secretary to distribute annually to financial
institutions a detailed analysis identifying patterns of suspicious activity
and other investigative insights derived from suspicious activity reports
and investigations by Federal, State, and local law enforcement agencies.
(Sec. 315) Amends Federal criminal law to include foreign corruption
offenses as money laundering crimes.
(Sec. 316) Establishes the right of property owners to contest
confiscation of property under law relating to confiscation of assets of suspected
(Sec. 317) Establishes Federal jurisdiction over: (1) foreign
money launderers (including their assets held in the United States); and (2)
money that is laundered through a foreign bank.
(Sec. 319) Authorizes the forfeiture of money laundering funds
from interbank accounts. Requires a covered financial institution, upon request
of the appropriate Federal banking agency, to make available within 120 hours
all pertinent information related to anti-money laundering compliance by the
institution or its customer. Grants the Secretary summons and subpoena powers
over foreign banks that maintain a correspondent bank in the United States.
Requires a covered financial institution to terminate within ten business
days any correspondent relationship with a foreign bank after receipt of written
notice that the foreign bank has failed to comply with certain judicial proceedings.
Sets forth civil penalties for failure to terminate such relationship.
(Sec. 321) Subjects to record and report requirements for monetary
instrument transactions: (1) any credit union; and (2) any futures commission
merchant, commodity trading advisor, and commodity pool operator registered,
or required to register, under the Commodity Exchange Act.
(Sec. 323) Authorizes Federal application for restraining orders
to preserve the availability of property subject to a foreign forfeiture or
(Sec. 325) Authorizes the Secretary to issue regulations to
ensure that concentration accounts of financial institutions are not used
to prevent association of the identity of an individual customer with the
movement of funds of which the customer is the direct or beneficial owner.
(Sec. 326) Directs the Secretary to issue regulations prescribing
minimum standards for financial institutions regarding customer identity in
connection with the opening of accounts.
Requires the Secretary to report to Congress on: (1) the most
timely and effective way to require foreign nationals to provide domestic
financial institutions and agencies with appropriate and accurate information;
(2) whether to require foreign nationals to obtain an identification number
(similar to a Social Security or tax identification number) before opening
an account with a domestic financial institution; and (3) a system for domestic
financial institutions and agencies to review Government agency information
to verify the identities of such foreign nationals.
(Sec. 327) Amends the Bank Holding Company Act of 1956 and
the Federal Deposit Insurance Act to require consideration of the effectiveness
of a company or companies in combating money laundering during reviews of
proposed bank shares acquisitions or mergers.
(Sec. 328) Directs the Secretary take reasonable steps to encourage
foreign governments to require the inclusion of the name of the originator
in wire transfer instructions sent to the United States and other countries,
with the information to remain with the transfer from its origination until
the point of disbursement. Requires annual progress reports to specified congressional
(Sec. 329) Prescribes criminal penalties for Federal officials
or employees who seek or accept bribes in connection with administration of
(Sec. 330) Urges U.S. negotiations for international cooperation
in investigations of money laundering, financial crimes, and the finances
of terrorist groups, including record sharing by foreign banks with U.S. law
enforcement officials and domestic financial institution supervisors.
Subtitle B: Bank Secrecy Act Amendments and Related Improvements
- Amends Federal law known as the Bank Secrecy Act to revise requirements
for civil liability immunity for voluntary financial institution disclosure
of suspicious activities. Authorizes the inclusion of suspicions of illegal
activity in written employment references.
(Sec. 352) Authorizes the Secretary to exempt from minimum
standards for anti-money laundering programs any financial institution not
subject to certain regulations governing financial recordkeeping and reporting
of currency and foreign transactions.
(Sec. 353) Establishes civil penalties for violations of geographic
targeting orders and structuring transactions to evade certain recordkeeping
requirements. Lengthens the effective period of geographic targeting orders
from 60 to 180 days.
(Sec. 355) Amends the Federal Deposit Insurance Act to permit
written employment references to contain suspicions of involvement in illegal
(Sec. 356) Instructs the Secretary to: (1) promulgate regulations
requiring registered securities brokers and dealers, futures commission merchants,
commodity trading advisors, and commodity pool operators, to file reports
of suspicious financial transactions; (2) report to Congress on the role of
the Internal Revenue Service in the administration of the Bank Secrecy Act;
and (3) share monetary instruments transactions records upon request of a
U.S. intelligence agency for use in the conduct of intelligence or counterintelligence
activities, including analysis, to protect against international terrorism.
(Sec. 358) Amends the Right to Financial Privacy Act to permit
the transfer of financial records to other agencies or departments upon certification
that the records are relevant to intelligence or counterintelligence activities
related to international terrorism.
Amends the Fair Credit Reporting Act to require a consumer
reporting agency to furnish all information in a consumer's file to a government
agency upon certification that the records are relevant to intelligence or
counterintelligence activities related to international terrorism.
(Sec. 359) Subjects to mandatory records and reports on monetary
instruments transactions any licensed sender of money or any other person
who engages as a business in the transmission of funds, including through
an informal value transfer banking system or network (e.g., hawala) of people
facilitating the transfer of money domestically or internationally outside
of the conventional financial institutions system.
(Sec. 360) Authorizes the Secretary to instruct the United
States Executive Director of each international financial institution to use
his or her voice and vote to: (1) support the use of funds for a country (and
its institutions) which contributes to U.S. efforts against international
terrorism; and (2) require an auditing of disbursements to ensure that no
funds are paid to persons who commit or support terrorism.
(Sec. 361) Makes the existing Financial Crimes Enforcement
Network a bureau in the Department of the Treasury.
(Sec. 362) Directs the Secretary to establish a highly secure
network in the Network that allows financial institutions to file certain
reports and receive alerts and other information regarding suspicious activities
warranting immediate and enhanced scrutiny.
(Sec. 363) Increases to $1 million the maximum civil penalties
(currently $10,000) and criminal fines (currently $250,000) for money laundering.
Sets a minimum civil penalty and criminal fine of double the amount of the
(Sec. 364) Amends the Federal Reserve Act to provide for uniform
protection authority for Federal Reserve facilities, including law enforcement
officers authorized to carry firearms and make warrantless arrests.
(Sec. 365) Amends Federal law to require reports relating to
coins and currency of more than $10,000 received in a nonfinancial trade or
(Sec. 366) Directs the Secretary to study and report to Congress
on: (1) the possible expansion of the currency transaction reporting requirements
exemption system; and (2) methods for improving financial institution utilization
of the system as a way of reducing the submission of currency transaction
reports that have little or no value for law enforcement purposes.
Subtitle C: Currency Crimes - Establishes as a bulk cash smuggling
felony the knowing concealment and attempted transport (or transfer) across
U.S. borders of currency and monetary instruments in excess of $10,000, with
intent to evade specified currency reporting requirements.
(Sec. 372) Changes from discretionary to mandatory a court's
authority to order, as part of a criminal sentence, forfeiture of all property
involved in certain currency reporting offenses. Leaves a court discretion
to order civil forfeitures in money laundering cases.
(Sec. 373) Amends the Federal criminal code to revise the prohibition
of unlicensed (currently, illegal) money transmitting businesses.
(Sec. 374) Increases the criminal penalties for counterfeiting
domestic and foreign currency and obligations.
(Sec. 376) Amends the Federal criminal code to extend the prohibition
against the laundering of money instruments to specified proceeds of terrorism.
(Sec. 377) Grants the United States extraterritorial jurisdiction
where: (1) an offense committed outside the United States involves an access
device issued, owned, managed, or controlled by a financial institution, account
issuer, credit card system member, or other entity within U.S. jurisdiction;
and (2) the person committing the offense transports, delivers, conveys, transfers
to or through, or otherwise stores, secrets, or holds within U.S. jurisdiction
any article used to assist in the commission of the offense or the proceeds
of such offense or property derived from it.
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
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.
(Sec. 411) 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. Stipulates that an alien shall not be considered inadmissible or
deportable because of a relationship to an organization that was not designated
as a terrorist organization prior to enactment of this Act. States that the
amendments under this section shall apply to all aliens in exclusion or deportation
proceedings on or after the date of enactment of this Act.
Directs the Secretary of State to notify specified congressional
leaders seven days prior to designating an organization as a terrorist organization.
Provides for organization redesignation or revocation.
(Sec. 412) Provides for mandatory detention until removal from
the United States (regardless of any relief from removal) of an alien certified
by the Attorney General as a suspected terrorist or threat to national security.
Requires release of such alien after seven days if removal proceedings have
not commenced, or the alien has not been charged with a criminal offense.
Authorizes detention for additional periods of up to six months of an alien
not likely to be deported in the reasonably foreseeable future only if release
will threaten U.S. national security or the safety of the community or any
person. Limits judicial review to habeas corpus proceedings in the U.S. Supreme
Court, the U.S. Court of Appeals for the District of Columbia, or any district
court with jurisdiction to entertain a habeas corpus petition. Restricts to
the U.S. Court of Appeals for the District of Columbia the right of appeal
of any final order by a circuit or district judge.
(Sec. 413) Authorizes the Secretary of State, on a reciprocal
basis, to share criminal- and terrorist-related visa lookout information with
(Sec. 414) Declares the sense of Congress that the Attorney
General should: (1) fully implement the integrated entry and exit data system
for airports, seaports, and land border ports of entry with all deliberate
speed; and (2) begin immediately establishing the Integrated Entry and Exit
Data System Task Force. Authorizes appropriations.
Requires the Attorney General and the Secretary of State, in
developing the integrated entry and exit data system, to focus on the use
of biometric technology and the development of tamper-resistant documents
readable at ports of entry.
(Sec. 415) Amends the Immigration and Naturalization Service
Data Management Improvement Act of 2000 to include the Office of Homeland
Security in the Integrated Entry and Exit Data System Task Force.
(Sec. 416) Directs the Attorney General to implement fully
and expand the foreign student monitoring program to include other approved
educational institutions like air flight, language training, or vocational
(Sec. 417) Requires audits and reports on implementation of
the mandate for machine readable passports.
(Sec. 418) Directs the Secretary of State to: (1) review how
consular officers issue visas to determine if consular shopping is a problem;
and (2) if it is a problem, take steps to address it, and report on them to
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
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
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
(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
(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
(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
(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
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. Authorizes appropriations.
Title VIII: Strengthening the Criminal Laws Against Terrorism
- Amends the Federal criminal code to prohibit 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 to be 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
(Sec. 810) Provides for alternative maximum penalties for specified
(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
(Sec. 814) Revises prohibitions and penalties regarding fraud
and related activity in connection with computers to include specified cyber-terrorism
(Sec. 816) Directs the Attorney General to establish regional
computer forensic laboratories, and to support existing laboratories, to develop
specified cyber-security capabilities.
(Sec. 817) Prescribes penalties for knowing possession in certain
circumstances of biological agents, toxins, or delivery systems, especially
by certain restricted persons.
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
(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.
Title X: Miscellaneous - Directs the Inspector General of the
Department of Justice to designate one official to review allegations of abuse
of civil rights, civil liberties, and racial and ethnic profiling by government
employees and officials.
(Sec. 1002) Expresses the sense of Congress condemning acts
of violence or discrimination against any American, including Sikh-Americans.
Calls upon local and Federal law enforcement authorities to prosecute to the
fullest extent of the law all those who commit crimes.
(Sec. 1004) Amends the Federal criminal code with respect to
venue in money laundering cases to allow a prosecution for such an offense
to be brought in: (1) any district in which the financial or monetary transaction
is conducted; or (2) any district where a prosecution for the underlying specified
unlawful activity could be brought, if the defendant participated in the transfer
of the proceeds of the specified unlawful activity from that district to the
district where the financial or monetary transaction is conducted.
States that: (1) a transfer of funds from one place to another,
by wire or any other means, shall constitute a single, continuing transaction;
and (2) any person who conducts any portion of the transaction may be charged
in any district in which the transaction takes place.
Allows a prosecution for an attempt or conspiracy offense to
be brought in the district where venue would lie for the completed offense,
or in any other district where an act in furtherance of the attempt or conspiracy
(Sec. 1005) First Responders Assistance Act - Directs the Attorney
General to make grants to State and local governments to improve the ability
of State and local law enforcement, fire department, and first responders
to respond to and prevent acts of terrorism. Authorizes appropriations.
(Sec. 1006) Amends the Immigration and Nationality Act to make
inadmissible into the United States any alien engaged in money laundering.
Directs the Secretary of State to develop a money laundering watchlist which:
(1) identifies individuals worldwide who are known or suspected of money laundering;
and (2) is readily accessible to, and shall be checked by, a consular or other
Federal official before the issuance of a visa or admission to the United
(Sec. 1007) Authorizes FY 2002 appropriations for regional
antidrug training in Turkey by the Drug Enforcement Administration for police,
as well as increased precursor chemical control efforts in South and Central
(Sec. 1008) Directs the Attorney General to conduct a feasibility
study and report to Congress on the use of a biometric identifier scanning
system with access to the FBI integrated automated fingerprint identification
system at overseas consular posts and points of entry to the United States.
(Sec. 1009) Directs the FBI to study and report to Congress
on the feasibility of providing to airlines access via computer to the names
of passengers who are suspected of terrorist activity by Federal officials.
(Sec. 1010) Authorizes the use of Department of Defense funds
to contract with local and State governments, during the period of Operation
Enduring Freedom, for the performance of security functions at U.S. military
(Sec. 1011) Crimes Against Charitable Americans Act of 2001
- Amends the Telemarketing and Consumer Fraud and Abuse Prevention Act to
cover fraudulent charitable solicitations. Requires any person engaged in
telemarketing for the solicitation of charitable contributions, donations,
or gifts to disclose promptly and clearly the purpose of the telephone call.
(Sec. 1012) Amends the Federal transportation code to prohibit
States from licensing any individual to operate a motor vehicle transporting
hazardous material unless the Secretary of Transportation determines that
such individual does not pose a security risk warranting denial of the license.
Requires background checks of such license applicants by the Attorney General
upon State request.
(Sec. 1013) Expresses the sense of the Senate on substantial
new U.S. investment in bioterrorism preparedness and response.
(Sec. 1014) Directs the Office for State and Local Domestic
Preparedness Support of the Office of Justice Programs to make grants to enhance
State and local capability to prepare for and respond to terrorist acts. Authorizes
appropriations for FY 2002 through 2007.
(Sec. 1015) Amends the Crime Identification Technology Act
of 1998 to extend it through FY 2007 and provide for antiterrorism grants
to States and localities. Authorizes appropriations.
(Sec. 1016) Critical Infrastructures Protection Act of 2001
- Declares it is U.S. policy: (1) that any physical or virtual disruption
of the operation of the critical infrastructures of the United States be rare,
brief, geographically limited in effect, manageable, and minimally detrimental
to the economy, human and government services, and U.S. national security;
(2) that actions necessary to achieve this policy be carried out in a public-private
partnership involving corporate and non-governmental organizations; and (3)
to have in place a comprehensive and effective program to ensure the continuity
of essential Federal Government functions under all circumstances.
Establishes the National Infrastructure Simulation and Analysis
Center to serve as a source of national competence to address critical infrastructure
protection and continuity through support for activities related to counterterrorism,
threat assessment, and risk mitigation.
Defines critical infrastructure as systems and assets, whether
physical or virtual, so vital to the United States that their incapacity or
destruction would have a debilitating impact on security, national economic
security, national public health or safety, or any combination of those matters.
the Act (http://www.house.gov/judiciary/hr2975terrorismbill.pdf)