Summary: H.R.3108 — 107th Congress (2001-2002)All Information (Except Text)

There is one summary for H.R.3108. Bill summaries are authored by CRS.

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Introduced in House (10/12/2001)

Uniting and Strengthening America Act or the USA Act of 2001 - Establishes a counterterrorism fund. Condemns discrimination against Arab and Muslim Americans. Increases funding for the technical support center at the Federal Bureau of Investigation (FBI). Authorizes the Attorney General to request military assistance to enforce laws related to any weapon of mass destruction. Requires the Director of the U.S. Secret Service to develop a national electronic crime task force. Grants the President authority to confiscate any property of any foreign person, country, or organization involved with an attack on or armed hostilities with the United States.

Amends Federal criminal law to provide for authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses. Permits disclosure to specified Federal personnel of Federal grand jury matters pertaining to intelligence or counterintelligence. Allows sharing of electronic, wire, and oral interception information by Federal law enforcement and other specified Federal officials. Permits the similar sharing of foreign intelligence information.

Requires the FBI Director to expedite the hiring of translators to support counterterrorism investigations and operations.

Amends the Foreign Intelligence Surveillance Act of 1978 with respect to roving surveillance authority and duration of surveillance of non-U.S. persons who are agents of a foreign power.

Permits the seizure of voice mail messages pursuant to search warrants. Allows subpoenas for records of electronic communications to include temporarily assigned network addresses. 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.

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. 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. Authorizes the Director of the Federal Bureau of Investigation (FBI) (or designee) to apply for an court order requiring production of certain business records for foreign intelligence and international terrorism investigations.

Amends Federal criminal law to: (1) require a trap and trace device to restrict recording 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) allow a trap and trace device to identify the source (but not the contents) of a wire or electronic communication; and (4) provide for nationwide service of search warrants for electronic evidence.

Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to extend trade sanctions to the territory of Afghanistan controlled by the Taliban.

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.

Terminates specified provisions of this Act on December 31, 2004.

Amends Federal criminal law to: (1) extend money laundering penalties to the laundering of the proceeds of terrorism; and (2) subject to civil forfeiture all assets, foreign or domestic, of terrorist organizations.

Authorizes: (1) the Attorney General to waive certain Immigration and Naturalization Service (INS) personnel caps with respect to ensuring security needs on the Northern U.S. border; and (2) appropriations for increased Border Patrol, Customs Service, and INS personnel along such border.

Amends the Immigration and Nationality Act to require the Attorney General and the FBI to provide the Department of State and the 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 Attorney General and the Secretary of State to develop a technology standard to identify visa and admissions applicants.

Broadens the scope of aliens ineligible for admission and deportable for terrorist activities. Defines "terrorist organization" as: (1) a designated foreign or other terrorist organization; or (2) a group of two or more individuals which engage in specified terrorist-related activities.

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. Limits judicial review to habeas corpus proceedings in the United States District Court for the District of Columbia.

Broadens visa information disclosure requirements.

Provides for: (1) special immigrant status for certain alien victims of terrorist activities; and (2) humanitarian relief for certain surviving alien spouses and children of U.S. citizens killed by such activities. (Excludes terrorists or family members from such benefits.)

Authorizes the Attorney General and revises the Secretary of State's authority to pay rewards to combat terrorism.

Qualifies a Federal terrorism offense for collection of DNA for identification Authorizes consultation among Federal law enforcement officers regarding information acquired from an electronic surveillance or physical search in terrorism and related investigations or protective measures.

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.

Revises U.S. Secret Service jurisdiction with respect to fraud and related activity in connection with computers.

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.

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.

Amends the Victims of Crime Act of 1984 to establish an antiterrorism emergency reserve in the Victims of Crime Fund.

Authorizes the Director of the Office of Victims of Crime to make supplemental grants for victims of terrorism to States, victim service organizations, public agencies, and nongovernmental organizations the provide assistance to crime victims.

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.

Amends the Federal criminal code to establish criminal penalties for terrorist attacks and other acts of violence against mass transportation systems.

Establishes Federal jurisdiction over crimes committed at U.S. facilities abroad.

Subjects to civil forfeiture all assets, foreign or domestic, of terrorist organizations.

Extends the statute of limitations for certain terrorism offenses without limit.

Provides for alternative maximum penalties for terrorism crimes. Makes the penalties for attempts and conspiracies the same as the penalties for terrorism offenses. Makes any term of years or life the supervised release terms for offenses with terrorism predicates. Makes specified terrorism crimes Racketeer Influenced And Corrupt Organizations (RICO) statute predicates.

Revises prohibitions and penalties with regard to fraud and related activity in connection with computers to include specified cyberterrorism offenses.

Directs the Attorney General to establish regional computer forensic laboratories, and support existing laboratories, to develop specified cybersecurity capabilities.

Requires 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 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.

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.

Provides temporary authority to defer the submission to Congress of certain reports on intelligence and intelligence-related matters.

Requires the Attorney General or head of any other Federal department or agency to disclose expeditiously to the DCI any foreign intelligence acquired in the course of a criminal investigation.

Requires the Attorney General, DCI, and Secretary of the Treasury to report jointly 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.

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 translations of foreign intelligence for elements of the intelligence community.

Requires the Attorney General to provide a program of training to Government officials regarding the identification and use of foreign intelligence.