Anti-Terror ProvisionsThursday,
October 25, 2001

Provisions of the anti-terror bill the House passed Wednesday:

• Extends electronic surveillance periods to 120 days from 90 days and for searches to 90 days from 45 days.

•Limits the use of Foreign Intelligence Service Act court orders to investigations of international terrorism or clandestine intelligence activities

•Requires investigations of U.S. persons be based on more than just First Amendment activities.

•Allows roving wiretap authority on electronic equipment, including cell phones

•Allows pen registers/trap and trace on particular phone numbers but restricts content collection 

•Increases the number of FISA judges from seven to 11

•Expedites the hiring of translators for the FBI

•Allows seizure of voice mail messages

•Does not allow the use of information collected on Americans by foreign governments when that information was collected in violation of the U.S. Constitution

•Authorizes nationwide service of subpoenas for electronic subscriber information

•Expands list of items subject to subpoena to include the means and source of payment for electronic subscriber information

•Authorizes electronic communications service to disclose contents of and subscriber information in case of emergencies involving the immediate danger of death or serious physical injury

•Allows sharing of grand jury and wiretap information for official law enforcement duties

•Allows sharing grand jury and wiretap information that involves foreign intelligence and counterintelligence

•Does not allow disclosure of tax return information by Treasury to federal law enforcement and intelligence agencies in responding to terrorist incidents  

•Triples the number of Border Patrol, Customs Service and INS inspectors at the northern border

•Authorizes $100 million to improve INS and Customs technology and additional equipment for monitoring the northern border

•Requires an integrated automated fingerprint identification system for points of entry and overseas consular posts

•Authorizes a counter-terrorism fund to reimburse the Department of Justice for any costs related to investigating and prosecuting terrorism 

•Expedites disability and death payments to firefighters, law enforcement officers or emergency personnel involved in the prevention, investigation, rescue or recovery efforts related to any future terrorist attack 

•Increases benefits program payments to public safety officers 

•Coordinates secure information sharing among federal, state and local law enforcement agencies to investigate and prosecute terrorist conspiracies and activities 

•Expands fraud and abuse laws to cover computers outside the U.S. used to affect interstate commerce or communications inside the U.S.

•Replenishes the Justice Department's antiterrorism emergency reserve with up to $50 million; authorizes private gift-giving to the fund; allows service providers to use reserve fund to expedite assistance to victims of domestic terrorism 

•Creates a new criminal statute to punish for terrorist attacks and other acts of violence against mass transportation systems

•Creates a list of offenses that will carry an eight-year statute of limitations for prosecution except where they resulted in, or created a risk of, death or serious bodily injury

•Defines maximum penalties for terror-related activities where appropriate, including life imprisonment or supervision

•Adds conspiracy provisions to some criminal statutes and provides that the penalties for such conspiracies may not include death

•Adds certain terrorism-related crimes to RICO and money laundering rules

•Creates two new crimes prohibiting certain persons from possessing a listed biological agent or toxin and prohibiting all persons from possessing a biological agent, toxin or delivery system of a type or in a quantity that is not reasonably justified by a peaceful purpose 

•Limits delay of search warrants when this authority would result in flight or property seizure

•Requires a court application to obtain student records 

•Grants authority to the president to restrict exports of agricultural products, medicine or medical devices to the Taliban or the territory of Afghanistan controlled by the Taliban

•Increases to seven days the length of time an alien may be held before being charged with criminal or immigration violations

•Defines terrorist activities but makes exceptions for people who have innocent contacts to non-certified terrorist organizations

•Enhances the secretary of state's existing power to certify groups as terrorist organizations

•Enhances data-sharing between the FBI and the State Department/INS and between the State Department and foreign governments

•Clarifies CIA director's role to set overall strategy for collection of information through court‑ordered FISA surveillance, but no operational authority

•Increases CIA authority to investigate "international terrorist activities"

•Encourages CIA to recruit informants to fight terrorism

•Requires attorney general to develop guidelines for disclosing to the CIA foreign intelligence information obtained in criminal investigations

•Requires the attorney general and CIA to provide training to federal, state and local government officials to identify foreign intelligence information

•Sunsets electronic surveillance laws after two years with the authority for the president to renew in two more years