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Anti-Terror Provisions(foxnews.com)
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