November 9, 2001
SUMMARY OF FEDERAL "USA PATRIOT ACT"
You asked for a summary of the new federal anti-terrorism act, the “USA PATRIOT Act.”
The “USA PATRIOT Act” (P.L. 107-56) became effective on October 26, 2001. It includes provisions on criminal laws, transporting hazardous materials, money laundering and counterfeiting, investigations and information sharing, federal grants, victims, immigration, and domestic security. It also expands electronic surveillance laws, which are being summarized in a separate report.
Specifically, the act:
1. creates several new crimes, like bulk cash smuggling and attacking mass transportation systems;
2. expands prohibitions involving biological weapons and possession of biological agents and toxins;
3. lifts the statute of limitations on prosecuting some terrorism crimes;
4. increases penalties for some crimes;
5. requires background checks for licenses to transport hazardous materials;
6. expands money laundering laws and places more procedural requirements on banks;
7. promotes information sharing and coordination of intelligence efforts;
8. provides federal grants for terrorism prevention, antiterrorism training, preparation and response to terrorist acts, and criminal history information systems;
9. broadens the grounds for denying aliens admission to the U.S. based on their involvement with terrorism; and
10. alters some domestic security provisions, such as allowing the attorney general to ask for the military's assistance during an emergency involving weapons of mass destruction and allowing the Department of Defense to contract with state or local governments for temporary security at military facilities.
The act requires the Department of Justice (DOJ) inspector general to receive complaints about civil liberties and civil rights abuses by DOJ and report to Congress.
It requires telemarketers soliciting charitable contributions to disclose the purpose of their call and make other disclosures that the Federal Trade Commissions considers appropriate.
The act also requires various reports which we do not discuss below. These include studies of how certain provisions in the act are working, whether additional legislation is needed, and how technology can assist anti-terrorism efforts.
We have focused on the sections that we believe are of most interest to state legislators. Enclosed is a copy of the act which begins with a table of contents describing all of it's provisions. If you would like more information on any part, please contact us.
Attacks Against Mass Transportation Systems
The act prohibits willfully:
1. wrecking, derailing, setting fire to, or disabling a mass transportation vehicle or ferry;
2. placing a biological agent or toxin for use as a weapon, destructive substance, or destructive device in or near a mass transportation vehicle or ferry to endanger the safety of a passenger or employee or with reckless disregard for safety;
3. setting fire to or placing a biological agent or toxin for use as a weapon, destructive substance, or destructive device in or near a garage, terminal, structure, supply, or facility used to operate or support a mass transportation vehicle or ferry knowing or with reason to know that it would likely derail, disable, or wreck it;
4. removing parts, damaging, or impairing a mass transportation signal system including a train control system, centralized dispatching system, or rail grade crossing warning signal;
5. interfering with, disabling, or incapacitating a person who is dispatching, operating, or maintaining a mass transportation vehicle or ferry, intending to endanger the safety of a passenger or employee or with reckless disregard for safety; and
6. committing an act (including use of a dangerous weapon) with intent to cause death or serious bodily injury to an employee or passenger of a mass transportation provider or any person, when on the provider's property.
The act also prohibits (1) attempting, threatening, or conspiring to commit one of these prohibited acts and (2) knowingly conveying false information about an attempt or alleged attempt to commit one of these prohibited acts.
The crime is punishable by a fine, up to 20 years in prison, or both if (1) the act is committed against or affects a mass transportation provider engaged in interstate or foreign commerce or (2) the person who committed the crime traveled or communicated across state lines or transported materials across state lines to aid in committing the act. The crime is punishable by up to life in prison if the vehicle or ferry was carrying a passenger at the time of the offense or the offense resulted in death.
Mass transportation is defined as transportation by a conveyance that provides regular and continuing general or special public transportation but also includes a school bus, charter, and sightseeing transportation (§ 801).
Harboring or Concealing Terrorists
The act creates a new crime of harboring or concealing terrorists. A person commits this crime if he harbors or conceals a person he knows or has reasonable grounds to believe has committed or is about to commit certain offenses. These offenses include destruction of aircraft or aircraft facilities; crimes involving biological and chemical weapons and nuclear materials; arson or bombing of government property; destruction of an energy facility; violence against maritime navigation; weapons of mass destruction crimes; acts of terrorism transcending national boundaries; sabotage of nuclear facilities and fuel; and aircraft piracy.
This crime is punishable by a fine, up to 10 years in prison, or both (§ 803).
Material Support for Terrorism
The law prohibits giving material support or resources knowing and intending that it be used to prepare for or carry out certain crimes. It also prohibits concealing or disguising the nature, location, source, or ownership of that support or resources.
The act amends this crime by expanding the definition of “material support or resources” to include monetary instruments and expert advice and assistance. It also adds to the list of crimes that are the object of the support. The act adds crimes involving chemical weapons, terrorist attacks and violence against mass transportation systems, sabotage of nuclear facilities or fuel, and damaging or destroying interstate pipeline facilities (§ 805).
The law prohibits developing, producing, acquiring, or possessing biological agents, toxins, or delivery systems for use as a weapon. The act specifies that bona fide research is excluded from the definition of “use as a weapon.”
The act prohibits knowing possession of a biological agent, toxin, or delivery system of a type or quantity that is not reasonably justified for prophylactic, protective, bona fide research, or other peaceful purposes. This is punishable by a fine, up to 10 years in prison, or both. A biological agent or toxin is excluded from this provision if it is in its naturally occurring environment and has not been cultivated, collected, or extracted from its natural source.
The act also prohibits certain people from shipping or transporting in interstate or foreign commerce, or possessing in or affecting commerce, a biological agent or toxin. It also prohibits receiving one that has been shipped or transported in interstate or foreign commerce. This crime refers to agents and toxins listed in federal regulations, with certain exemptions. It also excludes agents and toxins in their naturally occurring environment that are not cultivated, collected, or extracted from their natural source.
The prohibition applies to:
1. anyone under indictment or convicted of a crime punishable by more than one year in prison,
2. fugitives from justice,
3. illegal users of controlled substances,
4. aliens illegally or unlawfully in the U.S.,
5. anyone adjudicated mentally defective or committed to a mental institution, and
6. aliens (not one lawfully admitted for permanent residence) who are nationals of a country designated by the secretary of state as repeatedly providing support for international terrorist acts.
The crime is punishable by a fine, up to 10 years in prison, or both. It does not apply to authorized U.S. government activities (§ 817).
Statute of Limitations
The act removes the statute of limitations on prosecuting federal terrorism crimes if the crime resulted in or created a foreseeable risk of death or serious bodily injury. This applies to offenses committed before the act became law (§ 809).
The act imposes a penalty of up to five years for a first offense and up to 10 years for a subsequent offense for damaging a federal computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security. Damage includes any impairment to the integrity or availability of data, a program, a system, or information that causes the loss of at least $5,000 or threatens the public health or safety. To be found guilty, the person must:
1. knowingly cause the transmission of a program, information, code, or command that results in damage to a protected computer without authorization or
2. intentionally access a federal computer without authorization and cause damage (§ 814).
Someone sued for allowing access to stored wire and electronic communications and transaction records has a defense if he relied in good faith on a government request to preserve documents pending issuance of a court order (§ 815).
The act requires the attorney general to create regional computer forensic laboratories and support existing ones so they can:
1. examine seized or intercepted computer evidence;
2. train and educate federal, state, and local law enforcement and prosecutors;
3. assist federal, state, and local law enforcement in enforcing computer-related criminal laws;
4. promote sharing of federal expertise and information about investigating, analyzing, and prosecuting computer-related criminal laws, including using multi-jurisdictional task forces; and
5. other appropriate activities.
The act also provides funding for these facilities (§ 816).
The act makes subject to the civil forfeiture laws, all foreign or domestic assets:
1. of a person, entity, or organization that plans or perpetrates a terrorist act against the U.S. or its citizens, residents, or property (this also applies to assets that afford someone influence over such an entity or organization);
2. acquired or maintained by someone to support, plan, conduct, or conceal a terrorist act; or
3. derived from, involved in, or for committing a terrorist act (§ 806).
The act increases the maximum prison sentences for:
1. arson in the special maritime and territorial jurisdiction of the U.S., from 20 years to life;
2. causing or attempting to cause over $100,000 in damage to an energy facility, from 10 to 20 years (up to life imprisonment if the crime caused at least $5,000 in damage and resulted in death);
3. materially supporting terrorists, from 10 to 15 years (up to life imprisonment if the crime resulted in death);
4. providing material support or resources to designated foreign terrorist organizations, from 10 to 20 years (up to life imprisonment if the crime resulted in death);
5. destroying national defense materials, premises, and utilities, from 10 to 20 years (up to life imprisonment if the crime resulted in death);
6. sabotaging nuclear facilities or fuel, from 10 to 20 years (up to life imprisonment if the crime resulted in death);
7. carrying a weapon or explosive on an aircraft willfully and without regard or with reckless disregard for the safety of human life, from 15 to 20 years (up to life imprisonment if the crime resulted in death); and
8. damaging an interstate gas or hazardous liquid pipeline facility, from 15 to 20 years (up to life imprisonment if the crime resulted in death) (§ 810).
It also makes the penalty for conspiracy to commit the following crimes the same as the penalties for committing the crime that is the object of the conspiracy:
1. arson or damaging buildings or property in the special maritime and territorial jurisdiction of the U.S.;
2. killing with a firearm or dangerous weapon in a federal facility;
3. damaging communication lines, stations, or systems that are operated, controlled, or used by the U.S.;
4. wrecking trains (but the conspiracy crime is not eligible for the death penalty);
5. torture (but the conspiracy crime is not eligible for the death penalty);
6. sabotage of nuclear facilities or fuel;
7. carrying a weapon or explosive on an aircraft; and
8. damaging interstate gas or hazardous liquid pipeline facilities.
The act makes attempt and conspiracy subject to the same penalties as those for committing the crime that is its object for (1) providing material support to terrorists and (2) interfering with flight crewmembers and attendants (§ 811).
The act allows post-release supervision for any term of years or life for someone convicted of a federal terrorism offense that resulted in or created a foreseeable risk of death or serious bodily injury (§ 812).
The act requires people convicted of terrorism crimes, violent crimes, and attempt or conspiracy to commit them to provide DNA samples (§ 503).
The act adds a definition of domestic terrorism that is similar to the definition of international terrorism but applies to acts that occur primarily in U.S. jurisdictions. Domestic terrorism is activity that:
1. involves acts dangerous to human life that violate federal or state criminal law;
2. appears intended to intimidate or coerce a civilian population, influence government policy by intimidation or coercion, or affect government conduct by mass destruction, assassination, or kidnapping; and
3. occurs primarily in U.S. jurisdiction (§ 802).
The act adds several new crimes to the definition of “federal crime of terrorism.” These include certain crimes regarding biological and chemical weapons, crimes relating to computers, acts against mass transportation systems, harboring terrorists, and certain crimes on airplanes. It also eliminates or limits certain crimes already in the definition (§ 808).
The act extends the special and maritime criminal jurisdiction of the U.S. for purposes of offenses committed abroad by or against U.S. nationals to include premises of U.S. diplomatic, consular, military, and other missions or entities and residences used for those missions or entities.
The act includes federal terrorism crimes within the definition of racketeering activity to allow the provisions of the Racketeer Influenced and Corrupt Organizations (RICO) law to apply. This allows multiple acts of terrorism to be charged as a pattern of racketeering and expands the ability of prosecutors to prosecute members of terrorist organizations (§ 813).
TRANSPORTING HAZARDOUS MATERIALS
The act prohibits a state from issuing someone a license (including renewals) to operate a motor vehicle transporting hazardous materials in commerce unless the transportation secretary determines that the person does not pose a security risk. The attorney general must conduct a background check at the request of a state, including a search of (1) criminal history databases; (2) databases to determine the person's status under the immigration laws, if the person is an alien; and (3) international databases as appropriate. Hazardous materials are those materials defined by the transportation secretary and chemical and biological materials and agents listed by the health and human services secretary or the attorney general as threats to national security.
States must report to the transportation secretary the name and address and any other information required by the secretary for (1) each alien issued a license and (2) others issued licenses, as required by the secretary (§ 1012).
MONEY LAUNDERING AND COUNTERFEITING
The act generally expands the scope of federal money laundering laws.
Procedural Requirements—Money Laundering
The act allows the treasury secretary to require domestic financial institutions and agencies to take certain measures when reasonable grounds exist for concluding that a foreign jurisdiction, financial institution outside the U.S., class of international transactions, or type of account is of primary money laundering concern. The measures include record keeping and reporting requirements, identifying certain information about owners or accounts, and placing conditions on opening certain types of accounts. The act establishes requirements on when and how the secretary can impose these measures (§ 311).
The act also:
1. requires U.S. financial institutions to create enhanced procedures for certain types of accounts to detect money laundering (§ 312);
2. prohibits U.S. banks from maintaining certain accounts for foreign shell banks (banks with no physical presence in any country) (§ 313);
3. requires the treasury secretary to set minimum standards for financial institutions to identify customers opening accounts (including reasonable procedures to verify customer identity, maintain that information, and consult lists of known or suspected terrorists or organizations provided by the government) (§ 326);
4. requires regulations to encourage cooperation among financial institutions, regulators, and law enforcement to deter money laundering (including sharing information about individuals, entities, and organizations engaged in or reasonably suspected of engaging in terrorist acts or money laundering) (§ 314); and
5. requires the treasury secretary to adopt regulations requiring securities brokers and dealers to submit suspicious activity reports. (He may adopt similar regulations for futures commission merchants, commodity trading advisors, and commodity pool operators) (§ 356).
Criminal Provisions—Money Laundering
The act creates the crime of bulk cash smuggling. A person commits this crime when, with intent to evade a currency reporting requirement, he knowingly conceals more than $10,000 in currency or monetary instruments on his person, in luggage, or in a container and transports or attempts to transport it between the U.S. and someplace outside the U.S. This crime is punishable by up to five years in prison. Conspiracy to commit the crime is subject to the same punishment. Property involved in the offense is subject to forfeiture (§ 371).
The act also imposes criminal penalties on federal government employees and people acting on its behalf who, in connection with administering these money laundering provisions, corruptly (directly or indirectly) demand, seek, receive, accept, or agree to accept anything of value for being influenced in performing an official act, committing or allowing fraud on the U.S., or being induced to violate his duty. The crime is punishable by a fine of up to three times the value of the thing received, up to 15 years in prison, or both (§ 329).
The act increases civil and criminal penalties for money laundering. It adds a civil penalty or fine for certain violations by a financial institution or agency of between two times the amount of the transaction and $1,000,000 (§ 363).
1. includes foreign corruption offenses, certain export control violations, certain customs and firearms offenses, certain computer fraud offenses, and felony Foreign Agent Registration Act offenses as money laundering crimes (§ 315);
2. creates procedures for contesting confiscation of assets of suspected international terrorists (§ 316);
3. allows forfeiture of proceeds of foreign crimes found in the U.S. (§ 320);
4. allows forfeiture in currency reporting cases;
5. allows certain Federal Reserve personnel to be considered law enforcement personnel and carry firearms to protect Federal Reserve employees and buildings (§ 364); and
6. requires a study of currency reporting requirements.
The law punishes counterfeiting U.S. obligations or securities outside the U.S. The act specifies that this crime includes making, dealing, or possessing analog, digital, and electronic images to counterfeit a U.S. obligation or security. It makes this crime punishable by the same penalties as if the crime were committed in the U.S. The act makes counterfeiting in and outside the U.S. punishable by up to 20 years in prison.
The act increases the maximum penalty for a number of counterfeiting crimes:
1. making, forging, counterfeiting, or altering U.S. securities or obligations, from 15 to 20 years;
2. passing, publishing, or selling counterfeit obligations or securities, from 15 to 20 years;
3. dealing in counterfeit obligations and securities, from 10 to 20 years;
4. taking impressions of tools used for obligations or securities (the act adds analog, digital, and electronic images), from 10 to 25 years;
5. possessing or selling impressions of tools used for obligations or securities (the act adds analog, digital, and electronic images), from 10 to 25 years;
6. connecting parts of notes, from five to 10 years;
7. counterfeiting bonds or obligations of certain lending agencies, from five to 10 years;
8. making altering, forging, or counterfeiting a foreign government's obligations or securities, from five to 20 years;
9. passing, publishing, or selling counterfeit foreign obligations or securities, from three to 20 years;
10. possessing foreign counterfeit obligations or securities, from one to 20 years;
11. possessing, making, or selling plates or stones for counterfeiting (the act adds analog, digital, and electronic images), from five years to 25 years;
12. making, altering, forging, or counterfeiting foreign bank notes, from two to 20 years; and
13. passing, publishing, or selling counterfeit bank notes, from one to 20 years (§ 374, 375).
The act also:
1. allows banks to include suspicions of illegal activity in written employment references requested by another bank (§ 355),
2. codifies the Financial Crimes Enforcement Network and its duties (the network was created by Treasury executive order in 1990) (§ 361), and
3. encourages foreign governments to require banks to include in wire transfers the name of the originator (§ 328).
The act also makes various amendments relating to reporting suspicious activity, anti-money laundering programs, penalties for violating certain provisions such as record keeping requirements, maintenance of bank records, and disclosures from consumer reporting agencies for counterterrorism investigations.
INVESTIGATIONS AND INFORMATION SHARING
1. allows federal officers conducting electronic surveillance or searches for foreign intelligence to consult with federal law enforcement officers to coordinate efforts to investigate or protect against attacks, sabotage, international terrorism, or intelligence activities of foreign powers or agents (§ 504);
2. expands the regional information sharing system to facilitate federal, state, and local law enforcement responses to terrorist attacks (§ 701); and
3. allows the attorney general to apply to a court for disclosure of certain educational records if he has reason to believe that they will assist investigation or prosecution of a terrorist act (the act also provides limited immunity for people who in good faith disclose these documents) (§ 507, 508).
The act authorizes the CIA director to (1) establish requirements and priorities for collecting foreign intelligence and (2) provide assistance to the attorney general to ensure that information from electronic surveillance and searches is properly disseminated (§ 901). It also requires the attorney general to disclose foreign intelligence acquired in the course of criminal investigations to the CIA director unless it would jeopardize an ongoing investigation. The attorney general must establish guidelines, within legal requirements (§ 905).
The act also authorizes the attorney general to pay rewards for assistance in combating terrorism and establishes procedure for doing so (§ 501). It also amends the secretary of state's authority to pay rewards (§ 502).
The act requires reports to Congress on:
1. reorganization to provide effective and efficient analysis and dissemination of foreign intelligence on the financial capabilities and resource of international terrorist organizations (§ 906) and
2. establishing a National Virtual Translation Center to provide timely and accurate translations of foreign intelligence for all elements of the intelligence community (§ 907).
Training for Other Government Officials
The act requires the attorney general, in consultation with the CIA director, to create a program to train in identifying and using foreign intelligence information (1) federal government officials who do not normally engage in collecting, disseminating, or using foreign intelligence and (2) state and local government officials who encounter or may encounter foreign intelligence in the course of a terrorist event (§ 908).
Terrorism Prevention and Antiterrorism Training Grants
The act requires the attorney general to make terrorism prevention grants and antiterrorism training grants to states and local government to improve the ability of law enforcement, fire departments, and first responders to respond to and prevent acts of terrorism.
The terrorism prevention grants can be used to:
1. hire additional law enforcement personnel for intelligence gathering and analysis;
2. buy technology and equipment for intelligence gathering and analysis (such as wire-taps, pen links, cameras, and computer hardware and software);
3. buy equipment to respond to critical incidents (such as masks and protective equipment);
4. buy equipment for managing critical incidents (such as communications equipment to improve operations with surrounding jurisdictions and mobile command posts for scene management); and
5. fund technical assistance programs that emphasize coordination among neighboring law enforcement agencies for sharing and coordinating resources, combining intelligence gathering and analysis, and developing policy, procedures, and practices.
The antiterrorism training grants can be used for:
1. intelligence gathering and analysis techniques,
2. community engagement and outreach,
3. critical incident management for all forms of terrorist attack,
4. threat assessment capabilities,
5. conducting follow-up investigations, and
6. stabilizing a community after a terrorist incident.
The act authorizes $25 million for each fiscal year from 2003 through 2007 (§ 1005).
Grants to Prepare For and Respond to Terrorist Acts
The act requires the Office for State and Local Domestic Preparedness in the Office of Justice Programs to make grants to each state for state and local governments to enhance their capability to prepare for and respond to terrorist acts. These terrorist acts include events using weapons of mass destruction and biological, nuclear, radiological, incendiary, chemical, and explosive devices. The grants can be used to buy equipment and provide training and technical assistance to state and local first responders (§ 1014).
Grants for Criminal History Information Systems
Under an existing program, the Office of Justice Programs makes grants to states for use with state and local courts to create or upgrade information and identification technologies and systems for criminal history records, criminal justice identification, and integration of the national, state, and local systems. The law lists a number of specific purposes for these grants and the act adds that they can also be used for related antiterrorism purposes or antiterrorism programs. It extends funding for the program through fiscal year 2007 (§ 1015).
VICTIMS, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
The act increases form $100,000 to $250,000 the federal benefit payable to public officers (law enforcement officers, firefighters, rescue squad members, and ambulance crew members) killed in the line of duty (§ 613).
The act requires the director of the Bureau of Justice Assistance to make expedited payments to public safety officers who were permanently disabled or killed in the line of duty in connection with a terrorist attack (§ 611). It authorizes him to put aside as much as $500,000,000 in an antiterrorism emergency reserve. This fund may be used for supplemental grants to crime victims compensation programs and to provide compensation to victims of international terrorism. It also authorizes him to make supplemental grants to states for eligible crime victim compensation and assistance programs and to victim service organizations, public agencies, and nongovernmental agencies that provide assistance to crime victims for emergency relief. This includes crises response efforts, compensation, training, and technical assistance to victims of terrorist acts or mass violence occurring in the United States (§ 624).
It allows private donations to the federal Crime Victims Fund (§ 621).
It alters the allocation formula for funds earmarked for grants to crime victims programs (§ 621).
The act authorizes appropriations to triple the number of Border Patrol, Customs Service personnel, and Immigration and Naturalization Service (INS) inspectors in states along the northern border. It provides additional funding to INS and the Customs Service to improve monitoring technology on the northern border (§ 402).
1. requires the attorney general and the FBI to give the State Department and INS access to certain identifying information in criminal history records for visa applicants and applicants for admission to the U.S. (§ 403) and
2. allows the secretary of state to give information from visa records to foreign officials to fight international terrorism or other crimes on a case-by-case basis (§ 413).
Inadmissibility Based on Terrorist Activity
The act broadens the grounds for denying an alien admission to the U.S. based on terrorism. The act allows denial of admission to:
1. representatives of political or social groups that publicly endorse terrorist activity in the U.S. and undermines (as determined by the secretary of state) U.S. efforts to reduce terrorism;
2. someone who uses his position of prominence in a country to endorse terrorism or persuade others to support it and it undermines (as determined by the secretary of state) U.S. efforts to reduce terrorism;
3. any person the secretary of state or attorney general determines has been associated with a terrorist organization and who intends to engage in activities that could endanger the welfare, safety, or security of the U.S.; and
4. a spouse or child of an inadmissible person if the activity causing inadmissibility occurred within the last five years (the act allows exceptions).
The act also broadens the definition of “terrorist activity” to include the use of dangerous devices as well as explosives or firearms. It broadens the definition of “engaging in a terrorist activity,” and thus broadens the category of inadmissible and deportable offenses, by including giving material support to an organization that someone knows or should know supports a terrorist activity or organization.
The act also broadens the definition of “terrorist organization” beyond those on the secretary's list to include a group of two or more people, whether organized or not, that (1) commits or inciteS to commit terrorist acts with intent to cause serious injury or death, (2) prepares or plans for terrorist activity, or (3) gathers information for potential targets.
It also allows the secretary of state or attorney general to waive inadmissibility or deportation in certain circumstances (§ 411).
Inadmissibility Based on Money Laundering Crimes
The act also makes an alien inadmissible if a consular officer or the attorney general (1) knows or has reason to believe the person has engaged in, is engaging in, or seeks to enter the U.S. to engage in certain money laundering offenses or (2) knows the person is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in one of these offenses. The secretary of state must create a money laundering watch list to identify individuals who are known or suspected of money laundering that officials can check before issuing a visa or admission to the U.S. (§ 1006).
The act allows the attorney general to detain aliens if he certifies there are reasonable grounds to believe that the alien (1) is deportable or inadmissible based on his suspected involvement in terrorism or (2) may pose a threat to national security. He must bring removal or criminal charges against a detained person within seven days or the person must be released. If a person is determined removable but cannot be removed, the attorney general must review his detention every six months and the person can only remain in detention if he is a threat to the community or national security. The act also addresses habeas corpus and judicial review (§ 412).
The act requires reports on the feasibility of:
1. providing airlines with computer access to the names of suspected terrorists (§ 1009);
2. biometric identifier (fingerprint) scanning systems with access to the FBI fingerprint database at consular offices abroad and entry points into the U.S. to enhance the ability of the State Department and immigration officials to identify aliens wanted in connection with criminal or terrorist investigations before issuing a visa or entry into the U.S. (§ 1008); and
3. enhancing the FBI's fingerprinting system to identify people wanted for a criminal investigation before issuing a visa or allowing entry or exit from the U.S. (§ 405).
The act requires the attorney general to fully implement the foreign student monitoring program and expands the program to include air flight schools, language training schools, and vocational schools (§ 416).
Immigration Status of September 11 Victims
The act also deals with the immigration status of victims of the September 11 attacks and their families (such as those who lose their immigration status as a result of the death of a family member or problems stemming from communication disruptions) (§ 421-428).
1. allows the attorney general to request assistance from the military to support DOJ during an emergency involving a weapon of mass destruction (prior law referenced a repealed statute dealing with chemical weapons) (§ 104);
2. allows the Department of Defense to contract with a local or state government to provide security at military installations or facilities in the U.S. during Operation Enduring Freedom and 180 days after it (§ 1010);
3. establishes a counterterrorism fund to rebuild any DOJ components damaged by terrorist incidents, provide support for investigations and terrorism-related rewards, and conduct threat assessment (§ 101);
4. increases funding for the FBI technical support center to combat terrorism (§ 103);
5. requires the Secret Service to develop a national network of electronic crime task forces throughout the U.S. to prevent, detect, and investigate electronic crimes, including potential terrorist attacks against critical infrastructures and financial systems (based on a New York model) (§ 105); and
6. allows the President to confiscate the property of an enemy who either attacked the U.S. or is involved in armed hostilities with the U.S. (it also allows a judge reviewing a case to view classified information in chambers and without the defendant present) (§ 106).
National Infrastructure Simulation and Analysis Center
The act creates the National Infrastructure Simulation and Analysis Center to address critical infrastructure protection and continuity by supporting counterterrorism, threat assessment, and risk mitigation. This includes:
1. modeling, simulation, and analysis of critical infrastructure systems (including cyber, telecommunications, and physical infrastructures) to enhance the understanding of their complexity and to facilitate modifications that mitigate threats;
2. acquiring data from state and local governments and the private sector to create and maintain models of systems and critical infrastructures;
3. using models, simulation, and analysis to educate and train policymakers about these analyses, the implications of unintended and unintentional disturbances to these infrastructures, and responses to incidents or crises involving critical infrastructures (including continuity of governmental and private sector activities during and after an event); and
4. using models, simulations, and analyses (on request) to make recommendations to policymakers, federal government agencies, and the private sector about ways of enhancing the stability and preservation of critical infrastructures.
The center must provide support in particular to federal, state, and local entities responsible for critical infrastructure protection and policy.
“Critical infrastructures” are systems and assets (physical or virtual) so vital to the U.S. that their incapacity or destruction would have a debilitating impact on security, national economic security, national public health or safety, or any combination of them. The act provides funding in the Department of Defense for this program (§ 1016).