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EFF does not endorse this summary, which
was provided by the bill's sponsor.
SUMMARY OF CHAIRMAN LEAHY'S
UNITING AND STRENGTHENING OF
AMERICA (USA) ACT
Strengthening Our Domestic Security Against Terrorist Acts
Authorize the Attorney General to establish an FBI Office for
Counterterrorism and Homeland Security headed by a Senate-confirmed Deputy FBI
Director to coordinate a National Strategy for Counterterrorism and Homeland
Security;
Authorize the Director of OMB, in consultation with the Attorney General and
the Assistant to the President for National Security Affairs, to prepare a
single National Counterterrorism and Homeland Security Program Budget for
submission to Congress;
Establish an FBI Security Officer Career Program;
Establish a Counterterrorism Fund in the Treasury of the United States to
reimburse Justice Department components for any costs incurred in connection
with providing support to counter, investigate, or prosecute domestic or
international terrorism;
Sense of the Congress condemning hate crimes and violence against
Arab-Americans, Muslim Americans, and Americans from South Asia.
Updating and Enhancing Surveillance Procedures Within Constitutional Bounds
Add to offense predicates for criminal wiretaps: terrorism crimes and felony
violations of 18 U.S.C. §1030 (relating to computer fraud and abuse);
Clarify circumstances for sharing of information obtained from criminal
wiretaps with intelligence community by amending 18 U.S.C. § 2517(1);
Update of pen register and trap and trace device provisions by allowing
nationwide service of orders, clarifying application of such orders to
computer and other electronic transmissions, and enhancing judicial review
of basis for issuance of order;
Authorize "roving wiretap" under FISA for surveillance of
foreign agents, including suspected international terrorists;
Authorize the FBI Director to expedite employment of translators to
support FBI counterterrorism investigations and operations;
Extend FISA electronic surveillance (not search) renewal period from 90
days to one year for non-US persons who are officers or employees of foreign
governments;
Increase from seven to fourteen the number of federal judges designated
by the Chief Justice to serve on the FISA Court;
Increase and fully fund the FBI's Technical Support Center established
in the Anti-Terrorism and Effective Death Penalty Act of 1996.
Stopping Financial Support For Terrorists By Strengthening Money Laundering
Laws
Add terrorism, terrorism support, and foreign corruption offenses to offense
predicates for money laundering;
Add anti-money laundering measures for United States bank accounts that are
used by foreign persons;
Grant United States courts long arm jurisdiction over foreign persons in
civil money laundering cases;
Add foreign banks to the definition of financial institutions under the money
laundering statutes;
Require the Secretary of the Treasury to issue regulations to ensure that
concentration accounts are not used to hide the identity of customers who
transfer funds;
Allow the government to charge multiple money laundering transactions in a
single count;
Provide for forfeiture of funds deposited in United States interbank accounts
through foreign banks;
Allow the Secretary of the Treasury to impose special reporting requirements
and other measures for jurisdictions, financial institutions or international
transactions of primary money laundering concern;
Grant financial institutions civil immunity for reporting suspected money
laundering activity to the government, and prohibit financial institutions and
government officers from disclosing such reports to persons involved in
suspicious transactions;
Grant financial institutions civil immunity for disclosing suspicions of
criminal wrongdoing in a written employment reference on a current or former
employee.
Create penalties for violations of geographic targeting orders and certain
record-keeping requirements, and lengthen the effective period of geographic
targeting orders.
Sense of the Congress that U.S. should encourage efforts by foreign
governments to combat money laundering and official corruption.
Tightening Security On The Northern Border
Waive cap on personnel assigned to Immigration and Naturalization Service to
address security needs along the Northern Border;
Authorize the tripling of the number of Border Patrol and U.S. Customs
Service personnel assigned to each State along the Northern Border;
Allot additional funding for technological improvements and acquire
additional equipment to enhance monitoring of cross-border traffic;
Provide the State Department and INS with access to the National Crime
Information Center (NCIC) to determine whether visa applicants and applicants
for admission to the United States have criminal history records.
Removing Obstacles to Investigating Terrorism
Clarify standards of professional conduct that govern attorneys for the
Federal Government to ensure that Federal prosecutors and agents can engage in
traditional covert activities without running afoul of State bar rules;
Direct the Judicial Conference of the United States to develop uniform
national rules of professional conduct to govern areas in which local rules may
interfere with effective Federal law enforcement;
Eliminate statute of limitations for certain international terrorism
offenses;
Reimburse United States counterterrorism law enforcement and intelligence
community personnel for professional liability insurance;
Provide special "danger pay" allowances for FBI agents in
hazardous duty locations outside the United States, as is provided for
agents of the Drug Enforcement Administration;
Permit the FBI to enter into cooperative projects with foreign countries
to improve law enforcement or intelligence operations;
Authorize the Attorney General to offer rewards – payments to
individuals who offer information pursuant to a public advertisement – to
gather information to combat terrorism and defend the nation against
terrorist acts.
Protecting Victims of Terrorism and Families of Public Safety Officers
Streamline the Public Safety Officers' Benefits application process for
family members of law enforcement officers, firefighters, and emergency
personnel who perish or suffer great injury in connection with prevention,
investigation, rescue or recovery efforts related to a terrorist attack;
Authorize the Office for Victims of Crime (OVC) to use up to 50 percent of
the amounts remaining in the Crime Victims Fund in FY2002, after regular
distributions, for the benefit of the victims of the September 11 attacks, and
to replenish the antiterrorism emergency reserve by setting aside up to $50
million;
Give OVC the flexibility to deliver timely and critically-needed assistance
to victims of terrorism and mass violence occurring within the United States and
otherwise improve the manner in which the Crime Victims Fund is managed and
preserved;
Provide enhanced retirement benefits to career law enforcement officers and
Federal prosecutors, who may be involved in protecting against terrorist attacks
and investigating and prosecuting terrorism cases.
Increase Information Sharing for Critical Infrastructure Protection
Expand DOJ Regional Information Sharing Systems (RISS) Program to facilitate
information sharing among Federal, State and local law enforcement agencies to
investigate and prosecute terrorist conspiracies and activities;
Limit disclosure of critical infrastructure information voluntarily submitted
to government agencies under agreement of confidentiality if release would
inhibit voluntary provision of such information in the future, and the
information aids the government in responding to terrorist threats and
fulfilling its national security mission;
Authorize establishment of cyber security working groups with Federal
employees and outside organizations.
Strengthen Criminal Laws Against Terrorism and Regulate Biological Weapons
Add certain terrorism offenses to definition of racketeering activity under
the RICO statute;
Prohibit crimes of terrorism and violence directed against mass
transportation systems;
Expand criminal penalties for communication of false information concerning
biological weapons attacks;
Clarify required reporting of and restriction on possession of biological
agents and toxins.
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