Vermont's US Senator, Patrick Leahy

SUMMARY OF CHAIRMAN LEAHY’S DRAFT ANTI-TERRORISM PACKAGE, THE UNITING AND STRENGTHENING OF AMERICA ACT (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 ethics laws;

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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