USA PATRIOT Act as Passed
by Congress
Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act (Oct. 25, 2001)
HR 3162 RDS 107th CONGRESS
1st Session H. R. 3162 IN THE SENATE OF THE UNITED STATES October
24, 2001
AN ACT
To deter and punish terrorist acts in
the United States and around the world, to enhance law enforcement
investigatory tools, and for other purposes.
Be it enacted by the Senate and
House of Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be
cited as the `Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001'.
(b) TABLE OF CONTENTS- The table
of contents for this Act is as follows:
Sec. 1. Short title and
table of contents.
Sec. 2. Construction; severability.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST
TERRORISM
Sec. 101. Counterterrorism
fund.
Sec. 102. Sense of Congress
condemning discrimination against Arab and Muslim Americans.
Sec. 103. Increased funding
for the technical support center at the Federal Bureau of
Investigation.
Sec. 104. Requests for military
assistance to enforce prohibition in certain emergencies.
Sec. 105. Expansion of National
Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.
TITLE II--ENHANCED SURVEILLANCE PROCEDURES
Sec. 201. Authority to intercept
wire, oral, and electronic communications relating to terrorism.
Sec. 202. Authority to intercept
wire, oral, and electronic communications relating to computer
fraud and abuse offenses.
Sec. 203. Authority to share
criminal investigative information.
Sec. 204. Clarification
of intelligence exceptions from limitations on interception and
disclosure of wire, oral, and electronic communications.
Sec. 205. Employment of
translators by the Federal Bureau of Investigation.
Sec. 206. Roving surveillance
authority under the Foreign Intelligence Surveillance Act of
1978.
Sec. 207. Duration of FISA
surveillance of non-United States persons who are agents of a
foreign power.
Sec. 208. Designation of
judges.
Sec. 209. Seizure of voice-mail
messages pursuant to warrants.
Sec. 210. Scope of subpoenas
for records of electronic communications.
Sec. 211. Clarification
of scope.
Sec. 212. Emergency disclosure
of electronic communications to protect life and limb.
Sec. 213. Authority for
delaying notice of the execution of a warrant.
Sec. 214. Pen register and
trap and trace authority under FISA.
Sec. 215. Access to records
and other items under the Foreign Intelligence Surveillance Act.
Sec. 216. Modification of
authorities relating to use of pen registers and trap and trace
devices.
Sec. 217. Interception of
computer trespasser communications.
Sec. 218. Foreign intelligence
information.
Sec. 219. Single-jurisdiction
search warrants for terrorism.
Sec. 220. Nationwide service
of search warrants for electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to
law enforcement agencies.
Sec. 223. Civil liability
for certain unauthorized disclosures.
Sec. 224. Sunset.
Sec. 225. Immunity for compliance
with FISA wiretap.
TITLE III--INTERNATIONAL MONEY LAUNDERING
ABATEMENT AND ANTI-TERRORIST FINANCING ACT OF 2001
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional
review; expedited consideration.
Subtitle A--International Counter Money
Laundering and Related Measures
Sec. 311. Special measures
for jurisdictions, financial institutions, or international transactions
of primary money laundering concern.
Sec. 312. Special due diligence
for correspondent accounts and private banking accounts.
Sec. 313. Prohibition on
United States correspondent accounts with foreign shell banks.
Sec. 314. Cooperative efforts
to deter money laundering.
Sec. 315. Inclusion of foreign
corruption offenses as money laundering crimes.
Sec. 316. Anti-terrorist
forfeiture protection.
Sec. 317. Long-arm jurisdiction
over foreign money launderers.
Sec. 318. Laundering money
through a foreign bank.
Sec. 319. Forfeiture of
funds in United States interbank accounts.
Sec. 320. Proceeds of foreign
crimes.
Sec. 321. Financial institutions
specified in subchapter II of chapter 53 of title 31, United
States code.
Sec. 322. Corporation represented
by a fugitive.
Sec. 323. Enforcement of
foreign judgments.
Sec. 324. Report and recommendation.
Sec. 325. Concentration
accounts at financial institutions.
Sec. 326. Verification of
identification.
Sec. 327. Consideration
of anti-money laundering record.
Sec. 328. International
cooperation on identification of originators of wire transfers.
Sec. 329. Criminal penalties.
Sec. 330. International
cooperation in investigations of money laundering, financial crimes,
and the finances of terrorist groups.
Subtitle B--Bank Secrecy Act Amendments
and Related Improvements
Sec. 351. Amendments relating
to reporting of suspicious activities.
Sec. 352. Anti-money laundering
programs.
Sec. 353. Penalties for
violations of geographic targeting orders and certain recordkeeping
requirements, and lengthening effective period of
geographic targeting orders.
Sec. 354. Anti-money laundering
strategy.
Sec. 355. Authorization
to include suspicions of illegal activity in written employment
references.
Sec. 356. Reporting of suspicious
activities by securities brokers and dealers; investment
company study.
Sec. 357. Special report
on administration of bank secrecy provisions.
Sec. 358. Bank secrecy provisions
and activities of United States intelligence agencies to fight
international terrorism.
Sec. 359. Reporting of suspicious
activities by underground banking systems.
Sec. 360. Use of authority
of United States Executive Directors.
Sec. 361. Financial crimes
enforcement network.
Sec. 362. Establishment
of highly secure network.
Sec. 363. Increase in civil
and criminal penalties for money laundering.
Sec. 364. Uniform protection
authority for Federal Reserve facilities.
Sec. 365. Reports relating
to coins and currency received in nonfinancial trade or business.
Sec. 366. Efficient use
of currency transaction report system.
Subtitle C--Currency Crimes and Protection
Sec. 371. Bulk cash smuggling
into or out of the United States.
Sec. 372. Forfeiture in
currency reporting cases.
Sec. 373. Illegal money
transmitting businesses.
Sec. 374. Counterfeiting
domestic currency and obligations.
Sec. 375. Counterfeiting
foreign currency and obligations.
Sec. 376. Laundering the
proceeds of terrorism.
Sec. 377. Extraterritorial
jurisdiction.
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern Border
Sec. 401. Ensuring adequate
personnel on the northern border.
Sec. 402. Northern border
personnel.
Sec. 403. Access by the
Department of State and the INS to certain identifying information
in the criminal history records of visa applicants
and applicants for admission to the United States.
Sec. 404. Limited authority
to pay overtime.
Sec. 405. Report on the
integrated automated fingerprint identification system for ports
of entry and overseas consular posts.
Subtitle B--Enhanced Immigration Provisions
Sec. 411. Definitions relating
to terrorism.
Sec. 412. Mandatory detention
of suspected terrorists; habeas corpus; judicial review.
Sec. 413. Multilateral cooperation
against terrorists.
Sec. 414. Visa integrity
and security.
Sec. 415. Participation
of Office of Homeland Security on Entry-Exit Task Force.
Sec. 416. Foreign student
monitoring program.
Sec. 417. Machine readable
passports.
Sec. 418. Prevention of
consulate shopping.
Subtitle C--Preservation of Immigration
Benefits for Victims of Terrorism
Sec. 421. Special immigrant
status.
Sec. 422. Extension of filing
or reentry deadlines.
Sec. 423. Humanitarian relief
for certain surviving spouses and children.
Sec. 424. `Age-out' protection
for children.
Sec. 425. Temporary administrative
relief.
Sec. 426. Evidence of death,
disability, or loss of employment.
Sec. 427. No benefits to
terrorists or family members of terrorists.
Sec. 428. Definitions.
TITLE V--REMOVING OBSTACLES TO INVESTIGATING
TERRORISM
Sec. 501. Attorney General's
authority to pay rewards to combat terrorism.
Sec. 502. Secretary of State's
authority to pay rewards.
Sec. 503. DNA identification
of terrorists and other violent offenders.
Sec. 504. Coordination with
law enforcement.
Sec. 505. Miscellaneous
national security authorities.
Sec. 506. Extension of Secret
Service jurisdiction.
Sec. 507. Disclosure of
educational records.
Sec. 508. Disclosure of
information from NCES surveys.
TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM,
PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
Subtitle A--Aid to Families of Public
Safety Officers
Sec. 611. Expedited payment
for public safety officers involved in the prevention,
investigation, rescue, or recovery efforts related to a
terrorist attack.
Sec. 612. Technical correction
with respect to expedited payments for heroic public safety
officers.
Sec. 613. Public safety
officers benefit program payment increase.
Sec. 614. Office of Justice
programs.
Subtitle B--Amendments to the Victims
of Crime Act of 1984
Sec. 621. Crime victims
fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII--INCREASED INFORMATION SHARING
FOR CRITICAL INFRASTRUCTURE PROTECTION
Sec. 711. Expansion of regional
information sharing system to facilitate Federal-State-local
law enforcement response related to terrorist attacks.
TITLE VIII--STRENGTHENING THE CRIMINAL
LAWS AGAINST TERRORISM
Sec. 801. Terrorist attacks
and other acts of violence against mass transportation systems.
Sec. 802. Definition of
domestic terrorism.
Sec. 803. Prohibition against
harboring terrorists.
Sec. 804. Jurisdiction over
crimes committed at U.S. facilities abroad.
Sec. 805. Material support
for terrorism.
Sec. 806. Assets of terrorist
organizations.
Sec. 807. Technical clarification
relating to provision of material support to terrorism.
Sec. 808. Definition of
Federal crime of terrorism.
Sec. 809. No statute of
limitation for certain terrorism offenses.
Sec. 810. Alternate maximum
penalties for terrorism offenses.
Sec. 811. Penalties for
terrorist conspiracies.
Sec. 812. Post-release supervision
of terrorists.
Sec. 813. Inclusion of acts
of terrorism as racketeering activity.
Sec. 814. Deterrence and
prevention of cyberterrorism.
Sec. 815. Additional defense
to civil actions relating to preserving records in response to
Government requests.
Sec. 816. Development and
support of cybersecurity forensic capabilities.
Sec. 817. Expansion of the
biological weapons statute.
TITLE IX--IMPROVED INTELLIGENCE
Sec. 901. Responsibilities
of Director of Central Intelligence regarding foreign intelligence
collected under Foreign Intelligence Surveillance
Act of 1978.
Sec. 902. Inclusion of international
terrorist activities within scope of foreign intelligence
under National Security Act of 1947.
Sec. 903. Sense of Congress
on the establishment and maintenance of intelligence
relationships to acquire information on terrorists and terrorist
organizations.
Sec. 904. Temporary authority
to defer submittal to Congress of reports on intelligence and
intelligence-related matters.
Sec. 905. Disclosure to
Director of Central Intelligence of foreign intelligence-related
information with respect to criminal investigations.
Sec. 906. Foreign terrorist
asset tracking center.
Sec. 907. National Virtual
Translation Center.
Sec. 908. Training of government
officials regarding identification and use of foreign
intelligence.
TITLE X--MISCELLANEOUS
Sec. 1001. Review of the
department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of
`electronic surveillance'.
Sec. 1004. Venue in money
laundering cases.
Sec. 1005. First responders
assistance act.
Sec. 1006. Inadmissibility
of aliens engaged in money laundering.
Sec. 1007. Authorization
of funds for dea police training in south and central asia.
Sec. 1008. Feasibility study
on use of biometric identifier scanning system with access to
the fbi integrated automated fingerprint identification
system at overseas consular posts and points of
entry to the United States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority
to contract with local and State governments for performance
of security functions at United States military installations.
Sec. 1011. Crimes against
charitable americans.
Sec. 1012. Limitation on
issuance of hazmat licenses.
Sec. 1013. Expressing the
sense of the senate concerning the provision of funding for
bioterrorism preparedness and response.
Sec. 1014. Grant program
for State and local domestic preparedness support.
Sec. 1015. Expansion and
reauthorization of the crime identification technology act for
antiterrorism grants to States and localities.
Sec. 1016. Critical infrastructures
protection.
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held
to be invalid or unenforceable by its terms, or as applied to
any person or circumstance, shall be construed so as to
give it the maximum effect permitted by law, unless such holding
shall be one of utter invalidity or unenforceability, in
which event such provision shall be deemed severable from
this Act and shall not affect the remainder thereof or the application
of such provision to other persons not similarly situated
or to other, dissimilar circumstances.
TITLE I--ENHANCING
DOMESTIC SECURITY AGAINST TERRORISM
SEC. 101. COUNTERTERRORISM FUND.
(a) ESTABLISHMENT; AVAILABILITY-
There is hereby established in the Treasury of the United States
a separate fund to be known as the `Counterterrorism Fund',
amounts in which shall remain available without fiscal
year limitation--
(1) to reimburse any Department
of Justice component for any costs incurred in connection
with--
(A) reestablishing
the operational capability of an office or facility that has been
damaged or destroyed as the result of any
domestic or international terrorism incident;
(B) providing support
to counter, investigate, or prosecute domestic or
international terrorism, including, without limitation,
paying rewards in connection with these activities;
and
(C) conducting terrorism
threat assessments of Federal agencies and their
facilities; and
(2) to reimburse any department
or agency of the Federal Government for any costs incurred
in connection with detaining in foreign countries individuals
accused of acts of terrorism that violate the laws
of the United States.
(b) NO EFFECT ON PRIOR APPROPRIATIONS-
Subsection (a) shall not be construed to affect the amount or
availability of any appropriation to the Counterterrorism
Fund made before the date of the enactment of this Act.
SEC. 102. SENSE OF CONGRESS CONDEMNING
DISCRIMINATION AGAINST ARAB AND MUSLIM AMERICANS.
(a) FINDINGS- Congress makes the
following findings:
(1) Arab Americans, Muslim
Americans, and Americans from South Asia play a vital role in
our Nation and are entitled to nothing less than
the full rights of every American.
(2) The acts of violence
that have been taken against Arab and Muslim Americans since the
September 11, 2001, attacks against the United States
should be and are condemned by all Americans who
value freedom.
(3) The concept of individual
responsibility for wrongdoing is sacrosanct in American society,
and applies equally to all religious, racial, and
ethnic groups.
(4) When American citizens
commit acts of violence against those who are, or are perceived
to be, of Arab or Muslim descent, they should be
punished to the full extent of the law.
(5) Muslim Americans have
become so fearful of harassment that many Muslim women are
changing the way they dress to avoid becoming targets.
(6) Many Arab Americans
and Muslim Americans have acted heroically during the attacks
on the United States, including Mohammed Salman
Hamdani, a 23-year-old New Yorker of Pakistani descent,
who is believed to have gone to the World Trade Center to offer
rescue assistance and is now missing.
(b) SENSE OF CONGRESS- It is the
sense of Congress that--
(1) the civil rights and
civil liberties of all Americans, including Arab Americans, Muslim
Americans, and Americans from South Asia, must be
protected, and that every effort must be taken to
preserve their safety;
(2) any acts of violence
or discrimination against any Americans be condemned; and
(3) the Nation is called
upon to recognize the patriotism of fellow citizens from all ethnic,
racial, and religious backgrounds.
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL
SUPPORT CENTER AT THE FEDERAL BUREAU OF INVESTIGATION.
There are authorized to be appropriated
for the Technical Support Center established in section 811 of
the Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132) to help meet the demands for activities
to combat terrorism and support and enhance the technical support
and tactical operations of the FBI, $200,000,000 for each
of the fiscal years 2002, 2003, and 2004.
SEC. 104. REQUESTS FOR MILITARY ASSISTANCE
TO ENFORCE PROHIBITION IN CERTAIN EMERGENCIES.
Section 2332e of title 18, United
States Code, is amended--
(1) by striking `2332c'
and inserting `2332a'; and
(2) by striking `chemical'.
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC
CRIME TASK FORCE INITIATIVE.
The Director of the United States
Secret Service shall take appropriate actions to develop a national
network of electronic crime task forces, based on the New
York Electronic Crimes Task Force model, throughout the
United States, for the purpose of preventing, detecting, and investigating
various forms of electronic crimes, including potential
terrorist attacks against critical infrastructure and financial
payment systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International
Emergency Powers Act (50 U.S.C. 1702) is amended--
(1) in subsection (a)(1)--
(A) at the end of
subparagraph (A) (flush to that subparagraph), by striking `;
and' and inserting a comma and the following:
`by any person, or with
respect to any property, subject to the jurisdiction of the United
States;';
(B) in subparagraph
(B)--
(i) by inserting
`, block during the pendency of an investigation'
after `investigate'; and
(ii) by striking
`interest;' and inserting `interest by any person, or
with respect to any property, subject to the
jurisdiction of the United States;
and';
(C) by striking `by
any person, or with respect to any property, subject to the
jurisdiction of the United States`; and
(D) by inserting at
the end the following:
`(C) when the United
States is engaged in armed hostilities or has been
attacked by a foreign country or foreign nationals, confiscate
any property, subject to the jurisdiction
of the United States, of any foreign person, foreign
organization, or foreign country that he determines
has planned, authorized, aided, or engaged
in such hostilities or attacks against the United States; and
all right, title, and interest in any property
so confiscated shall vest, when, as, and upon
the terms directed by the President, in such agency or person
as the President may designate from time to
time, and upon such terms and conditions as
the President may prescribe, such interest or property shall be
held, used, administered, liquidated, sold,
or otherwise dealt with in the interest of and for
the benefit of the United States, and such designated
agency or person may perform any and all acts
incident to the accomplishment or furtherance of these
purposes.'; and
(2) by inserting at the
end the following:
`(c) CLASSIFIED INFORMATION- In
any judicial review of a determination made under this section,
if the determination was based on classified information
(as defined in section 1(a) of the Classified Information
Procedures Act) such information may be submitted to the reviewing
court ex parte and in camera. This subsection does not
confer or imply any right to judicial review.'.
TITLE II--ENHANCED SURVEILLANCE PROCEDURES
SEC. 201. AUTHORITY TO INTERCEPT WIRE,
ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO TERRORISM.
Section 2516(1) of title 18, United
States Code, is amended--
(1) by redesignating paragraph
(p), as so redesignated by section 434(2) of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public
Law 104-132; 110 Stat. 1274), as paragraph (r);
and
(2) by inserting after paragraph
(p), as so redesignated by section 201(3) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104-208; 110 Stat.
3009-565), the following new paragraph:
`(q) any criminal violation of
section 229 (relating to chemical weapons); or sections 2332,
2332a, 2332b, 2332d, 2339A, or 2339B of this title (relating
to terrorism); or'.
SEC. 202. AUTHORITY TO INTERCEPT WIRE,
ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO COMPUTER FRAUD
AND ABUSE OFFENSES.
Section 2516(1)(c) of title 18,
United States Code, is amended by striking `and section 1341 (relating
to mail fraud),' and inserting `section 1341 (relating
to mail fraud), a felony violation of section 1030 (relating
to computer fraud and abuse),'.
SEC. 203. AUTHORITY TO SHARE CRIMINAL
INVESTIGATIVE INFORMATION.
(a) AUTHORITY TO SHARE GRAND JURY
INFORMATION-
(1) IN GENERAL- Rule 6(e)(3)(C)
of the Federal Rules of Criminal Procedure is amended to
read as follows:
`(C)(i) Disclosure
otherwise prohibited by this rule of matters occurring before
the grand jury may also be made--
`(I) when so
directed by a court preliminarily to or in connection
with a judicial proceeding;
`(II) when
permitted by a court at the request of the defendant,
upon a showing that grounds may exist for a
motion to dismiss the indictment because
of matters occurring before the grand jury;
`(III) when
the disclosure is made by an attorney for the
government to another Federal grand jury;
`(IV) when
permitted by a court at the request of an attorney for
the government, upon a showing that such matters
may disclose a violation of state criminal
law, to an appropriate official of a state or
subdivision of a state for the purpose of enforcing
such law; or
`(V) when the
matters involve foreign intelligence or
counterintelligence (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)),
or foreign intelligence information (as
defined in clause (iv) of this subparagraph), to any Federal
law enforcement, intelligence, protective,
immigration, national defense, or national
security official in order to assist the official receiving that
information in the performance of his
official duties.
`(ii) If the court
orders disclosure of matters occurring before the grand jury,
the disclosure shall be made in such manner,
at such time, and under such conditions as
the court may direct.
`(iii) Any Federal
official to whom information is disclosed pursuant to clause
(i)(V) of this subparagraph may use that information
only as necessary in the conduct of that person's
official duties subject to any limitations on the
unauthorized disclosure of such information. Within a
reasonable time after such disclosure, an
attorney for the government shall file under seal a notice with
the court stating the fact that such information
was disclosed and the departments, agencies,
or entities to which the disclosure was made.
`(iv) In clause (i)(V)
of this subparagraph, the term `foreign intelligence
information' means--
`(I) information,
whether or not concerning a United States person,
that relates to the ability of the United States
to protect against--
`(aa) actual or potential attack or
other grave hostile acts of-a foreign power or an agent of a
foreign power;
`(bb) sabotage or international terrorism
by a foreign power or an agent of a foreign power; or
`(cc) clandestine intelligence activities
by an intelligence service or network of a foreign power or
by an agent of foreign power; or
`(II) information,
whether or not concerning a United States person,
with respect to a foreign power or foreign territory
that relates to--
`(aa) the national defense or the security
of the United States; or
`(bb) the conduct of the foreign affairs
of the United States.'.
(2) CONFORMING AMENDMENT-
Rule 6(e)(3)(D) of the Federal Rules of Criminal Procedure is
amended by striking `(e)(3)(C)(i)' and inserting
`(e)(3)(C)(i)(I)'.
(b) AUTHORITY TO SHARE ELECTRONIC,
WIRE, AND ORAL INTERCEPTION INFORMATION-
(1) LAW ENFORCEMENT- Section
2517 of title 18, United States Code, is amended by inserting
at the end the following:
`(6) Any investigative or law enforcement
officer, or attorney for the Government, who by any means
authorized by this chapter, has obtained knowledge of the contents
of any wire, oral, or electronic communication, or evidence
derived therefrom, may disclose such contents to any other Federal
law enforcement, intelligence, protective, immigration,
national defense, or national security official to the
extent that such contents include foreign intelligence or counterintelligence
(as defined in section 3 of the National Security Act of
1947 (50 U.S.C. 401a)), or foreign intelligence information (as
defined in subsection (19) of section 2510 of this title),
to assist the official who is to receive that information in the
performance of his official duties. Any Federal official
who receives information pursuant to this provision may
use that information only as necessary in the conduct of that
person's official duties subject to any limitations on
the unauthorized disclosure of such information.'.
(2) DEFINITION- Section
2510 of title 18, United States Code, is amended by--
(A) in paragraph (17),
by striking `and' after the semicolon;
(B) in paragraph (18),
by striking the period and inserting `; and'; and
(C) by inserting at
the end the following:
`(19) `foreign intelligence
information' means--
`(A) information,
whether or not concerning a United States person, that relates
to the ability of the United States to protect
against--
`(i) actual
or potential attack or other grave hostile acts of a foreign
power or an agent of a foreign power;
`(ii) sabotage
or international terrorism by a foreign power or an
agent of a foreign power; or
`(iii) clandestine
intelligence activities by an intelligence service or
network of a foreign power or by an agent of
a foreign power; or
`(B) information,
whether or not concerning a United States person, with respect
to a foreign power or foreign territory that
relates to--
`(i) the national
defense or the security of the United States; or
`(ii) the conduct
of the foreign affairs of the United States.'.
(c) PROCEDURES- The Attorney General
shall establish procedures for the disclosure of information
pursuant to section 2517(6) and Rule 6(e)(3)(C)(i)(V) of
the Federal Rules of Criminal Procedure that identifies
a United States person, as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).
(d) FOREIGN INTELLIGENCE INFORMATION-
(1) IN GENERAL- Notwithstanding
any other provision of law, it shall be lawful for foreign
intelligence or counterintelligence (as defined in
section 3 of the National Security Act of 1947 (50
U.S.C. 401a)) or foreign intelligence information obtained as
part of a criminal investigation to be disclosed
to any Federal law enforcement, intelligence, protective,
immigration, national defense, or national security
official in order to assist the official receiving
that information in the performance of his official duties. Any
Federal official who receives information pursuant
to this provision may use that information only as necessary in
the conduct of that person's official duties subject
to any limitations on the unauthorized disclosure
of such information.
(2) DEFINITION- In this
subsection, the term `foreign intelligence information' means--
(A) information, whether
or not concerning a United States person, that relates
to the ability of the United States to protect against--
(i) actual
or potential attack or other grave hostile acts of a foreign
power or an agent of a foreign power;
(ii) sabotage
or international terrorism by a foreign power or an
agent of a foreign power; or
(iii) clandestine
intelligence activities by an intelligence service or
network of a foreign power or by an agent of
a foreign power; or
(B) information, whether
or not concerning a United States person, with respect
to a foreign power or foreign territory that relates
to--
(i) the national
defense or the security of the United States; or
(ii) the conduct
of the foreign affairs of the United States.
SEC. 204. CLARIFICATION OF INTELLIGENCE
EXCEPTIONS FROM LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF
WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.
Section 2511(2)(f) of title 18,
United States Code, is amended--
(1) by striking `this chapter
or chapter 121' and inserting `this chapter or chapter 121 or
206 of this title'; and
(2) by striking `wire and
oral' and inserting `wire, oral, and electronic'.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY
THE FEDERAL BUREAU OF INVESTIGATION.
(a) AUTHORITY- The Director of
the Federal Bureau of Investigation is authorized to expedite
the employment of personnel as translators to support counterterrorism
investigations and operations without regard to applicable
Federal personnel requirements and limitations.
(b) SECURITY REQUIREMENTS- The
Director of the Federal Bureau of Investigation shall establish
such security requirements as are necessary for the personnel
employed as translators under subsection (a).
(c) REPORT- The Attorney General
shall report to the Committees on the Judiciary of the House of
Representatives and the Senate on--
(1) the number of translators
employed by the FBI and other components of the Department
of Justice;
(2) any legal or practical
impediments to using translators employed by other Federal, State,
or local agencies, on a full, part-time, or shared
basis; and
(3) the needs of the FBI
for specific translation services in certain languages, and
recommendations for meeting those needs.
SEC. 206. ROVING SURVEILLANCE AUTHORITY
UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 105(c)(2)(B) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B))
is amended by inserting `, or in circumstances where the
Court finds that the actions of the target of the application
may have the effect of thwarting the identification of a specified
person, such other persons,' after `specified person'.
SEC. 207. DURATION OF FISA SURVEILLANCE
OF NON-UNITED STATES PERSONS WHO ARE AGENTS OF A FOREIGN POWER.
(a) DURATION -
(1) SURVEILLANCE- Section
105(e)(1) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(e)(1)) is amended by--
(A) inserting `(A)'
after `except that'; and
(B) inserting before
the period the following: `, and (B) an order under this Act
for a surveillance targeted against an agent
of a foreign power, as defined in section
101(b)(1)(A) may be for the period specified in the application
or for 120 days, whichever is less'.
(2) PHYSICAL SEARCH- Section 304(d)(1)
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1824(d)(1)) is amended by--
(A) striking `forty-five'
and inserting `90';
(B) inserting `(A)' after
`except that'; and
(C) inserting before the
period the following: `, and (B) an order under this section for
a physical search targeted against an agent of a
foreign power as defined in section 101(b)(1)(A)
may be for the period specified in the application or for 120
days, whichever is less'.
(b) EXTENSION-
(1) IN GENERAL- Section
105(d)(2) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(d)(2)) is amended by--
(A) inserting `(A)'
after `except that'; and
(B) inserting before
the period the following: `, and (B) an extension of an order
under this Act for a surveillance targeted
against an agent of a foreign power as defined
in section 101(b)(1)(A) may be for a period not to exceed 1 year'.
(2) DEFINED TERM- Section
304(d)(2) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1824(d)(2) is amended by inserting after
`not a United States person,' the following: `or
against an agent of a foreign power as defined in section 101(b)(1)(A),'.
SEC. 208. DESIGNATION OF JUDGES.
Section 103(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended by--
(1) striking `seven district
court judges' and inserting `11 district court judges'; and
(2) inserting `of whom no
fewer than 3 shall reside within 20 miles of the District of Columbia'
after `circuits'.
SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES
PURSUANT TO WARRANTS.
Title 18, United States Code, is
amended--
(1) in section 2510--
(A) in paragraph (1),
by striking beginning with `and such' and all that follows
through `communication'; and
(B) in paragraph (14),
by inserting `wire or' after `transmission of'; and
(2) in subsections (a) and
(b) of section 2703--
(A) by striking `CONTENTS
OF ELECTRONIC' and inserting `CONTENTS OF WIRE
OR ELECTRONIC' each place it appears;
(B) by striking `contents
of an electronic' and inserting `contents of a wire or
electronic' each place it appears; and
(C) by striking `any
electronic' and inserting `any wire or electronic' each place
it appears.
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS
OF ELECTRONIC COMMUNICATIONS.
Section 2703(c)(2) of title 18,
United States Code, as redesignated by section 212, is amended--
(1) by striking `entity
the name, address, local and long distance telephone toll billing
records, telephone number or other subscriber number
or identity, and length of service of a subscriber'
and inserting the following: `entity the--
`(A) name;
`(B) address;
`(C) local and long distance
telephone connection records, or records of session times and
durations;
`(D) length of service (including
start date) and types of service utilized;
`(E) telephone or instrument
number or other subscriber number or identity, including any
temporarily assigned network address; and
`(F) means and source of
payment for such service (including any credit card or bank account
number),
of a subscriber'; and
(2) by striking `and the
types of services the subscriber or customer utilized,'.
SEC. 211. CLARIFICATION OF SCOPE.
Section 631 of the Communications
Act of 1934 (47 U.S.C. 551) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph
(B), by striking `or';
(B) in subparagraph
(C), by striking the period at the end and inserting `; or';
and
(C) by inserting at
the end the following:
`(D) to a government entity
as authorized under chapters 119, 121, or 206 of title 18, United
States Code, except that such disclosure shall not
include records revealing cable subscriber selection
of video programming from a cable operator.'; and
(2) in subsection (h), by
striking `A governmental entity' and inserting `Except as provided
in subsection (c)(2)(D), a governmental entity'.
SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC
COMMUNICATIONS TO PROTECT LIFE AND LIMB.
(a) DISCLOSURE OF CONTENTS-
(1) IN GENERAL- Section
2702 of title 18, United States Code, is amended--
(A) by striking the
section heading and inserting the following:
`Sec. 2702. Voluntary disclosure of customer
communications or records';
(B) in subsection
(a)--
(i) in paragraph
(2)(A), by striking `and' at the end;
(ii) in paragraph
(2)(B), by striking the period and inserting `; and';
and
(iii) by inserting
after paragraph (2) the following:
`(3) a provider of remote
computing service or electronic communication service to the public
shall not knowingly divulge a record or other information
pertaining to a subscriber to or customer of such
service (not including the contents of communications covered
by paragraph (1) or (2)) to any governmental entity.';
(C) in subsection
(b), by striking `EXCEPTIONS- A person or entity' and inserting
`EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS-
A provider described in subsection (a)';
(D) in subsection
(b)(6)--
(i) in subparagraph
(A)(ii), by striking `or';
(ii) in subparagraph
(B), by striking the period and inserting `; or';
and
(iii) by adding
after subparagraph (B) the following:
`(C) if the provider
reasonably believes that an emergency involving immediate
danger of death or serious physical injury to
any person requires disclosure of the information
without delay.'; and
(E) by inserting after
subsection (b) the following:
`(c) EXCEPTIONS FOR DISCLOSURE
OF CUSTOMER RECORDS- A provider described in subsection (a) may
divulge a record or other information pertaining to a subscriber
to or customer of such service (not including the contents
of communications covered by subsection (a)(1) or (a)(2))--
`(1) as otherwise authorized
in section 2703;
`(2) with the lawful consent
of the customer or subscriber;
`(3) as may be necessarily
incident to the rendition of the service or to the protection
of the rights or property of the provider of that
service;
`(4) to a governmental entity,
if the provider reasonably believes that an emergency
involving immediate danger of death or serious physical
injury to any person justifies disclosure of the
information; or
`(5) to any person other
than a governmental entity.'.
(2) TECHNICAL AND CONFORMING
AMENDMENT- The table of sections for chapter 121 of title
18, United States Code, is amended by striking the item
relating to section 2702 and inserting the following:
`2702. Voluntary disclosure
of customer communications or records.'.
(b) REQUIREMENTS FOR GOVERNMENT
ACCESS-
(1) IN GENERAL- Section
2703 of title 18, United States Code, is amended--
(A) by striking the
section heading and inserting the following:
`Sec. 2703. Required disclosure of customer
communications or records';
(B) in subsection
(c) by redesignating paragraph (2) as paragraph (3);
(C) in subsection
(c)(1)--
(i) by striking
`(A) Except as provided in subparagraph (B), a
provider of electronic communication service or remote
computing service may' and inserting
`A governmental entity may require a
provider of electronic communication service or remote computing
service to';
(ii) by striking
`covered by subsection (a) or (b) of this section) to
any person other than a governmental entity.
`(B) A provider of
electronic communication service or remote computing service
shall disclose a record or other information
pertaining to a subscriber to or customer
of such service (not including the contents of communications
covered by subsection (a) or (b) of this section)
to a governmental entity' and inserting `)';
(iii) by redesignating
subparagraph (C) as paragraph (2);
(iv) by redesignating
clauses (i), (ii), (iii), and (iv) as subparagraphs
(A), (B), (C), and (D), respectively;
(v) in subparagraph
(D) (as redesignated) by striking the period and
inserting `; or'; and
(vi) by inserting
after subparagraph (D) (as redesignated) the
following:
`(E) seeks information
under paragraph (2).'; and
(D) in paragraph (2)
(as redesignated) by striking `subparagraph (B)' and insert
`paragraph (1)'.
(2) TECHNICAL AND CONFORMING
AMENDMENT- The table of sections for chapter 121 of title
18, United States Code, is amended by striking the item
relating to section 2703 and inserting the following:
`2703. Required disclosure
of customer communications or records.'.
SEC. 213. AUTHORITY FOR DELAYING NOTICE
OF THE EXECUTION OF A WARRANT.
Section 3103a of title 18, United
States Code, is amended--
(1) by inserting `(a) IN
GENERAL- ' before `In addition'; and
(2) by adding at the end
the following:
`(b) DELAY- With respect to the
issuance of any warrant or court order under this section, or
any other rule of law, to search for and seize any property
or material that constitutes evidence of a criminal offense
in violation of the laws of the United States, any notice
required, or that may be required, to be given may be delayed
if--
`(1) the court finds reasonable
cause to believe that providing immediate notification of the
execution of the warrant may have an adverse result
(as defined in section 2705);
`(2) the warrant prohibits
the seizure of any tangible property, any wire or electronic
communication (as defined in section 2510), or, except
as expressly provided in chapter 121, any stored
wire or electronic information, except where the court finds reasonable
necessity for the seizure; and
`(3) the warrant provides
for the giving of such notice within a reasonable period of its
execution, which period may thereafter be extended
by the court for good cause shown.'.
SEC. 214. PEN REGISTER AND TRAP AND TRACE
AUTHORITY UNDER FISA.
(a) APPLICATIONS AND ORDERS- Section
402 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1842) is amended--
(1) in subsection (a)(1),
by striking `for any investigation to gather foreign intelligence
information or information concerning international
terrorism' and inserting `for any investigation
to obtain foreign intelligence information not concerning a United
States person or to protect against international
terrorism or clandestine intelligence activities, provided
that such investigation of a United States person is
not conducted solely upon the basis of activities
protected by the first amendment to the Constitution';
(2) by amending subsection
(c)(2) to read as follows:
`(2) a certification by
the applicant that the information likely to be obtained is foreign
intelligence information not concerning a United
States person or is relevant to an ongoing investigation
to protect against international terrorism or clandestine intelligence
activities, provided that such investigation of
a United States person is not conducted solely upon the
basis of activities protected by the first amendment to
the Constitution.';
(3) by striking subsection
(c)(3); and
(4) by amending subsection
(d)(2)(A) to read as follows:
`(A) shall specify--
`(i) the identity,
if known, of the person who is the subject of the
investigation;
`(ii) the identity,
if known, of the person to whom is leased or in
whose name is listed the telephone line or other
facility to which the pen register
or trap and trace device is to be attached or applied;
`(iii) the
attributes of the communications to which the order
applies, such as the number or other identifier,
and, if known, the location of the
telephone line or other facility to which the pen
register or trap and trace device is to be attached
or applied and, in the case of a trap
and trace device, the geographic limits of the trap
and trace order.'.
(b) AUTHORIZATION DURING EMERGENCIES-
Section 403 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1843) is amended--
(1) in subsection (a), by
striking `foreign intelligence information or information concerning
international terrorism' and inserting `foreign
intelligence information not concerning a United
States person or information to protect against international
terrorism or clandestine intelligence activities,
provided that such investigation of a United States person is
not conducted solely upon the basis of activities
protected by the first amendment to the Constitution';
and
(2) in subsection (b)(1),
by striking `foreign intelligence information or information concerning
international terrorism' and inserting `foreign
intelligence information not concerning a United
States person or information to protect against international
terrorism or clandestine intelligence activities,
provided that such investigation of a United States person is
not conducted solely upon the basis of activities
protected by the first amendment to the Constitution'.
SEC. 215. ACCESS TO RECORDS AND OTHER
ITEMS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended by
striking sections 501 through 503 and inserting the following:
`SEC. 501. ACCESS TO CERTAIN BUSINESS
RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
`(a)(1) The Director of the Federal
Bureau of Investigation or a designee of the Director (whose rank
shall be no lower than Assistant Special Agent in Charge)
may make an application for an order requiring the production
of any tangible things (including books, records, papers, documents,
and other items) for an investigation to protect against
international terrorism or clandestine intelligence activities,
provided that such investigation of a United States person
is not conducted solely upon the basis of activities protected
by the first amendment to the Constitution.
`(2) An investigation conducted
under this section shall--
`(A) be conducted under
guidelines approved by the Attorney General under Executive Order
12333 (or a successor order); and
`(B) not be conducted of
a United States person solely upon the basis of activities protected
by the first amendment to the Constitution of the
United States.
`(b) Each application under this
section--
`(1) shall be made to--
`(A) a judge of the
court established by section 103(a); or
`(B) a United States
Magistrate Judge under chapter 43 of title 28, United States
Code, who is publicly designated by the Chief
Justice of the United States to have the power
to hear applications and grant orders for the production of
tangible things under this section on behalf
of a judge of that court; and
`(2) shall specify that
the records concerned are sought for an authorized investigation
conducted in accordance with subsection (a)(2) to
protect against international terrorism or clandestine
intelligence activities.
`(c)(1) Upon an application made
pursuant to this section, the judge shall enter an ex parte order
as requested, or as modified, approving the release of
records if the judge finds that the application meets the
requirements of this section.
`(2) An order under this subsection
shall not disclose that it is issued for purposes of an investigation
described in subsection (a).
`(d) No person shall disclose to
any other person (other than those persons necessary to produce
the tangible things under this section) that the Federal
Bureau of Investigation has sought or obtained tangible
things under this section.
`(e) A person who, in good faith,
produces tangible things under an order pursuant to this section
shall not be liable to any other person for such production.
Such production shall not be deemed to constitute a waiver
of any privilege in any other proceeding or context.
`SEC. 502. CONGRESSIONAL OVERSIGHT.
`(a) On a semiannual basis, the
Attorney General shall fully inform the Permanent Select Committee
on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate concerning
all requests for the production of tangible things under section
402.
`(b) On a semiannual basis, the
Attorney General shall provide to the Committees on the Judiciary
of the House of Representatives and the Senate a report
setting forth with respect to the preceding 6-month period--
`(1) the total number of
applications made for orders approving requests for the production
of tangible things under section 402; and
`(2) the total number of
such orders either granted, modified, or denied.'.
SEC. 216. MODIFICATION OF AUTHORITIES
RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES.
(a) GENERAL LIMITATIONS- Section
3121(c) of title 18, United States Code, is amended--
(1) by inserting `or trap
and trace device' after `pen register';
(2) by inserting `, routing,
addressing,' after `dialing'; and
(3) by striking `call processing'
and inserting `the processing and transmitting of wire or
electronic communications so as not to include the contents
of any wire or electronic communications'.
(b) ISSUANCE OF ORDERS-
(1) IN GENERAL- Section
3123(a) of title 18, United States Code, is amended to read as
follows:
`(a) IN GENERAL-
`(1) ATTORNEY FOR THE GOVERNMENT-
Upon an application made under section 3122(a)(1),
the court shall enter an ex parte order authorizing the installation
and use of a pen register or trap and trace device
anywhere within the United States, if the court finds that the
attorney for the Government has certified to the
court that the information likely to be obtained
by such installation and use is relevant to an ongoing criminal
investigation. The order, upon service of that order,
shall apply to any person or entity providing wire or
electronic communication service in the United States whose
assistance may facilitate the execution of the order.
Whenever such an order is served on any person or entity not
specifically named in the order, upon request of
such person or entity, the attorney for the Government
or law enforcement or investigative officer that is serving the
order shall provide written or electronic certification
that the order applies to the person or entity being served.
`(2) STATE INVESTIGATIVE
OR LAW ENFORCEMENT OFFICER- Upon an application made under
section 3122(a)(2), the court shall enter an ex parte
order authorizing the installation and use of a
pen register or trap and trace device within the jurisdiction
of the court, if the court finds that the State
law enforcement or investigative officer has certified to the
court that the information likely to be obtained
by such installation and use is relevant to an ongoing
criminal investigation.
`(3)(A) Where the law enforcement
agency implementing an ex parte order under this
subsection seeks to do so by installing and using its own pen
register or trap and trace device on a packet-switched
data network of a provider of electronic communication service
to the public, the agency shall ensure that a record
will be maintained which will identify--
`(i) any officer or
officers who installed the device and any officer or officers
who accessed the device to obtain information
from the network;
`(ii) the date and
time the device was installed, the date and time the device
was uninstalled, and the date, time, and duration
of each time the device is accessed to obtain
information;
`(iii) the configuration
of the device at the time of its installation and any
subsequent modification thereof; and
`(iv) any information
which has been collected by the device.
To the extent that the pen
register or trap and trace device can be set automatically to
record this information electronically, the record
shall be maintained electronically throughout the
installation and use of such device.
`(B) The record maintained
under subparagraph (A) shall be provided ex parte and under
seal to the court which entered the ex parte order
authorizing the installation and use of the device
within 30 days after termination of the order (including any extensions
thereof).'.
(2) CONTENTS OF ORDER- Section
3123(b)(1) of title 18, United States Code, is amended--
(A) in subparagraph
(A)--
(i) by inserting
`or other facility' after `telephone line'; and
(ii) by inserting
before the semicolon at the end `or applied'; and
(B) by striking subparagraph
(C) and inserting the following:
`(C) the attributes
of the communications to which the order applies, including
the number or other identifier and, if known,
the location of the telephone line or other
facility to which the pen register or trap and trace device is
to be attached or applied, and, in the case
of an order authorizing installation and use of a trap
and trace device under subsection (a)(2), the geographic
limits of the order; and'.
(3) NONDISCLOSURE REQUIREMENTS-
Section 3123(d)(2) of title 18, United States Code, is
amended--
(A) by inserting `or
other facility' after `the line'; and
(B) by striking `,
or who has been ordered by the court' and inserting `or
applied, or who is obligated by the order'.
(c) DEFINITIONS-
(1) COURT OF COMPETENT JURISDICTION-
Section 3127(2) of title 18, United States Code, is
amended by striking subparagraph (A) and inserting the following:
`(A) any district
court of the United States (including a magistrate judge of such
a court) or any United States court of appeals
having jurisdiction over the offense being
investigated; or'.
(2) PEN REGISTER- Section
3127(3) of title 18, United States Code, is amended--
(A) by striking `electronic
or other impulses' and all that follows through `is
attached' and inserting `dialing, routing, addressing,
or signaling information transmitted by an
instrument or facility from which a wire or electronic
communication is transmitted, provided, however,
that such information shall not include the
contents of any communication'; and
(B) by inserting `or
process' after `device' each place it appears.
(3) TRAP AND TRACE DEVICE-
Section 3127(4) of title 18, United States Code, is amended--
(A) by striking `of
an instrument' and all that follows through the semicolon and
inserting `or other dialing, routing, addressing,
and signaling information reasonably likely
to identify the source of a wire or electronic communication,
provided, however, that such information shall
not include the contents of any communication;';
and
(B) by inserting `or
process' after `a device'.
(4) CONFORMING AMENDMENT-
Section 3127(1) of title 18, United States Code, is amended--
(A) by striking `and';
and
(B) by inserting `,
and `contents' after `electronic communication service'.
(5) TECHNICAL AMENDMENT-
Section 3124(d) of title 18, United States Code, is amended by
striking `the terms of'.
(6) CONFORMING AMENDMENT-
Section 3124(b) of title 18, United States Code, is amended
by inserting `or other facility' after `the appropriate
line'.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER
COMMUNICATIONS.
Chapter 119 of title 18, United
States Code, is amended--
(1) in section 2510--
(A) in paragraph (18),
by striking `and' at the end;
(B) in paragraph (19),
by striking the period and inserting a semicolon; and
(C) by inserting after
paragraph (19) the following:
`(20) `protected computer'
has the meaning set forth in section 1030; and
`(21) `computer trespasser'--
`(A) means a person
who accesses a protected computer without authorization
and thus has no reasonable expectation of privacy
in any communication transmitted to, through,
or from the protected computer; and
`(B) does not include
a person known by the owner or operator of the protected
computer to have an existing contractual relationship
with the owner or operator of the protected
computer for access to all or part of the protected computer.';
and
(2) in section 2511(2),
by inserting at the end the following:
`(i) It shall not be unlawful under
this chapter for a person acting under color of law to intercept
the wire or electronic communications of a computer trespasser
transmitted to, through, or from the protected computer,
if--
`(I) the owner or operator
of the protected computer authorizes the interception of the
computer trespasser's communications on the protected
computer;
`(II) the person acting
under color of law is lawfully engaged in an investigation;
`(III) the person acting
under color of law has reasonable grounds to believe that the
contents of the computer trespasser's communications
will be relevant to the investigation; and
`(IV) such interception
does not acquire communications other than those transmitted to
or from the computer trespasser.'.
SEC. 218. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and section
303(a)(7)(B) (50 U.S.C. 1804(a)(7)(B) and 1823(a)(7)(B)) of the
Foreign Intelligence Surveillance Act of 1978 are each
amended by striking `the purpose' and inserting `a significant
purpose'.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS
FOR TERRORISM.
Rule 41(a) of the Federal Rules
of Criminal Procedure is amended by inserting after `executed'
the following: `and (3) in an investigation of domestic
terrorism or international terrorism (as defined in section
2331 of title 18, United States Code), by a Federal magistrate
judge in any district in which activities related to the
terrorism may have occurred, for a search of property or for a
person within or outside the district'.
SEC. 220. NATIONWIDE SERVICE OF SEARCH
WARRANTS FOR ELECTRONIC EVIDENCE.
(a) IN GENERAL- Chapter 121 of
title 18, United States Code, is amended--
(1) in section 2703, by
striking `under the Federal Rules of Criminal Procedure' every
place it appears and inserting `using the procedures
described in the Federal Rules of Criminal Procedure
by a court with jurisdiction over the offense under investigation';
and
(2) in section 2711--
(A) in paragraph (1),
by striking `and';
(B) in paragraph (2),
by striking the period and inserting `; and'; and
(C) by inserting at
the end the following:
`(3) the term `court of
competent jurisdiction' has the meaning assigned by section 3127,
and includes any Federal court within that definition,
without geographic limitation.'.
(b) CONFORMING AMENDMENT- Section
2703(d) of title 18, United States Code, is amended by striking
`described in section 3127(2)(A)'.
SEC. 221. TRADE SANCTIONS.
(a) IN GENERAL- The Trade Sanctions
Reform and Export Enhancement Act of 2000 (Public Law 106-387;
114 Stat. 1549A-67) is amended--
(1) by amending section
904(2)(C) to read as follows:
`(C) used to facilitate
the design, development, or production of chemical or
biological weapons, missiles, or weapons of mass destruction.';
(2) in section 906(a)(1)--
(A) by inserting `,
the Taliban or the territory of Afghanistan controlled by the
Taliban,' after `Cuba'; and
(B) by inserting `,
or in the territory of Afghanistan controlled by the Taliban,'
after `within such country'; and
(3) in section 906(a)(2),
by inserting `, or to any other entity in Syria or North Korea'
after `Korea'.
(b) APPLICATION OF THE TRADE SANCTIONS
REFORM AND EXPORT ENHANCEMENT ACT- Nothing in the Trade
Sanctions Reform and Export Enhancement Act of 2000 shall limit
the application or scope of any law establishing criminal
or civil penalties, including any executive order or regulation
promulgated pursuant to such laws (or similar or successor
laws), for the unlawful export of any agricultural commodity,
medicine, or medical device to--
(1) a foreign organization,
group, or person designated pursuant to Executive Order 12947
of January 23, 1995, as amended;
(2) a Foreign Terrorist
Organization pursuant to the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132);
(3) a foreign organization,
group, or person designated pursuant to Executive Order 13224
(September 23, 2001);
(4) any narcotics trafficking
entity designated pursuant to Executive Order 12978 (October
21, 1995) or the Foreign Narcotics Kingpin Designation
Act (Public Law 106-120); or
(5) any foreign organization,
group, or persons subject to any restriction for its involvement
in weapons of mass destruction or missile proliferation.
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT
AGENCIES.
Nothing in this Act shall impose
any additional technical obligation or requirement on a provider
of a wire or electronic communication service or other
person to furnish facilities or technical assistance. A provider
of a wire or electronic communication service, landlord,
custodian, or other person who furnishes facilities or
technical assistance pursuant to section 216 shall be reasonably
compensated for such reasonable expenditures incurred in
providing such facilities or assistance.
SEC. 223. CIVIL LIABILITY FOR CERTAIN
UNAUTHORIZED DISCLOSURES.
(a) Section 2520 of title 18, United
States Code, is amended--
(1) in subsection (a), after
`entity', by inserting `, other than the United States,';
(2) by adding at the end
the following:
`(f) ADMINISTRATIVE DISCIPLINE-
If a court or appropriate department or agency determines that
the United States or any of its departments or agencies
has violated any provision of this chapter, and the court
or appropriate department or agency finds that the circumstances
surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and
correct copy of the decision and findings of the court or
appropriate department or agency promptly initiate a proceeding
to determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or
agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and
shall provide the Inspector General with the reasons for such
determination.'; and
(3) by adding a new subsection
(g), as follows:
`(g) IMPROPER DISCLOSURE IS VIOLATION-
Any willful disclosure or use by an investigative or law
enforcement officer or governmental entity of information beyond
the extent permitted by section 2517 is a violation of
this chapter for purposes of section 2520(a).
(b) Section 2707 of title 18, United
States Code, is amended--
(1) in subsection (a), after
`entity', by inserting `, other than the United States,';
(2) by striking subsection
(d) and inserting the following:
`(d) ADMINISTRATIVE DISCIPLINE-
If a court or appropriate department or agency determines that
the United States or any of its departments or agencies
has violated any provision of this chapter, and the court
or appropriate department or agency finds that the circumstances
surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and
correct copy of the decision and findings of the court or
appropriate department or agency promptly initiate a proceeding
to determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or
agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and
shall provide the Inspector General with the reasons for such
determination.'; and
(3) by adding a new subsection
(g), as follows:
`(g) IMPROPER DISCLOSURE- Any willful
disclosure of a `record', as that term is defined in section 552a(a)
of title 5, United States Code, obtained by an investigative
or law enforcement officer, or a governmental entity, pursuant
to section 2703 of this title, or from a device installed pursuant
to section 3123 or 3125 of this title, that is not a disclosure
made in the proper performance of the official functions of the
officer or governmental entity making the disclosure, is
a violation of this chapter. This provision shall not apply to
information previously lawfully disclosed (prior to the
commencement of any civil or administrative proceeding
under this chapter) to the public by a Federal, State, or local
governmental entity or by the plaintiff in a civil action
under this chapter.'.
(c)(1) Chapter 121 of title 18,
United States Code, is amended by adding at the end the following:
`Sec. 2712. Civil actions against the
United States
`(a) IN GENERAL- Any person who
is aggrieved by any willful violation of this chapter or of chapter
119 of this title or of sections 106(a), 305(a), or 405(a)
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) may commence an action in United States
District Court against the United States to recover money
damages. In any such action, if a person who is aggrieved successfully
establishes such a violation of this chapter or of chapter
119 of this title or of the above specific provisions of title
50, the Court may assess as damages--
`(1) actual damages, but
not less than $10,000, whichever amount is greater; and
`(2) litigation costs, reasonably
incurred.
`(b) PROCEDURES- (1) Any action
against the United States under this section may be commenced
only after a claim is presented to the appropriate department
or agency under the procedures of the Federal Tort Claims
Act, as set forth in title 28, United States Code.
`(2) Any action against
the United States under this section shall be forever barred unless
it is presented in writing to the appropriate Federal
agency within 2 years after such claim accrues or
unless action is begun within 6 months after the date of mailing,
by certified or registered mail, of notice of final
denial of the claim by the agency to which it was presented.
The claim shall accrue on the date upon which the
claimant first has a reasonable opportunity to discover
the violation.'.
`(3) Any action under this section
shall be tried to the court without a jury.
`(4) Notwithstanding any other
provision of law, the procedures set forth in section 106(f),
305(g), or 405(f) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive
means by which materials governed by those sections may be
reviewed.
`(5) An amount equal to any award
against the United States under this section shall be reimbursed
by the department or agency concerned to the fund described
in section 1304 of title 31, United States Code, out of
any appropriation, fund, or other account (excluding any part
of such appropriation, fund, or account that is available
for the enforcement of any Federal law) that is available for
the operating expenses of the department or agency concerned.
`(c) ADMINISTRATIVE DISCIPLINE-
If a court or appropriate department or agency determines that
the United States or any of its departments or agencies
has violated any provision of this chapter, and the court
or appropriate department or agency finds that the circumstances
surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the possible
violation, the department or agency shall, upon receipt of a true
and correct copy of the decision and findings of the court
or appropriate department or agency promptly initiate a
proceeding to determine whether disciplinary action against the
officer or employee is warranted. If the head of the department
or agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General
with jurisdiction over the department or agency concerned
and shall provide the Inspector General with the reasons for such
determination.
`(d) EXCLUSIVE REMEDY- Any action
against the United States under this subsection shall be the exclusive
remedy against the United States for any claims within
the purview of this section.
`(e) STAY OF PROCEEDINGS- (1) Upon
the motion of the United States, the court shall stay any action
commenced under this section if the court determines that
civil discovery will adversely affect the ability of the
Government to conduct a related investigation or the prosecution
of a related criminal case. Such a stay shall toll the
limitations periods of paragraph (2) of subsection (b).
`(2) In this subsection, the terms
`related criminal case' and `related investigation' mean an actual
prosecution or investigation in progress at the time at
which the request for the stay or any subsequent motion
to lift the stay is made. In determining whether an investigation
or a criminal case is related to an action commenced under
this section, the court shall consider the degree of similarity
between the parties, witnesses, facts, and circumstances
involved in the 2 proceedings, without requiring that any one
or more factors be identical.
`(3) In requesting a stay under
paragraph (1), the Government may, in appropriate cases, submit
evidence ex parte in order to avoid disclosing any matter
that may adversely affect a related investigation or a
related criminal case. If the Government makes such an ex parte
submission, the plaintiff shall be given an opportunity
to make a submission to the court, not ex parte, and the court
may, in its discretion, request further information from
either party.'.
(2) The table of sections at the
beginning of chapter 121 is amended to read as follows:
`2712. Civil action against
the United States.'.
SEC. 224. SUNSET.
(a) IN GENERAL- Except as provided
in subsection (b), this title and the amendments made by this
title (other than sections 203(a), 203(c), 205, 208, 210,
211, 213, 216, 219, 221, and 222, and the amendments made
by those sections) shall cease to have effect on December 31,
2005.
(b) EXCEPTION- With respect to
any particular foreign intelligence investigation that began before
the date on which the provisions referred to in subsection
(a) cease to have effect, or with respect to any particular
offense or potential offense that began or occurred before the
date on which such provisions cease to have effect, such
provisions shall continue in effect.
SEC. 225. IMMUNITY FOR COMPLIANCE WITH
FISA WIRETAP.
Section 105 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805) is amended by inserting
after subsection (g) the following:
`(h) No cause of action shall lie
in any court against any provider of a wire or electronic communication
service, landlord, custodian, or other person (including
any officer, employee, agent, or other specified person
thereof) that furnishes any information, facilities, or technical
assistance in accordance with a court order or request
for emergency assistance under this Act.'.
TITLE III--INTERNATIONAL MONEY LAUNDERING
ABATEMENT AND ANTI-TERRORIST FINANCING ACT OF 2001
SEC. 301. SHORT TITLE.
This title may be cited as the
`International Money Laundering Abatement and Financial Anti-Terrorism
Act of 2001'.
SEC. 302. FINDINGS AND PURPOSES.
(a) FINDINGS- The Congress finds
that--
(1) money laundering, estimated
by the International Monetary Fund to amount to between 2
and 5 percent of global gross domestic product, which
is at least $600,000,000,000 annually, provides
the financial fuel that permits transnational criminal enterprises
to conduct and expand their operations to the detriment
of the safety and security of American citizens;
(2) money laundering, and
the defects in financial transparency on which money launderers
rely, are critical to the financing of global terrorism
and the provision of funds for terrorist attacks;
(3) money launderers subvert
legitimate financial mechanisms and banking relationships by
using them as protective covering for the movement
of criminal proceeds and the financing of crime
and terrorism, and, by so doing, can threaten the safety of United
States citizens and undermine the integrity of United
States financial institutions and of the global financial and
trading systems upon which prosperity and growth
depend;
(4) certain jurisdictions
outside of the United States that offer `offshore' banking and
related facilities designed to provide anonymity,
coupled with weak financial supervisory and enforcement
regimes, provide essential tools to disguise ownership and movement
of criminal funds, derived from, or used to commit,
offenses ranging from narcotics trafficking, terrorism,
arms smuggling, and trafficking in human beings, to financial
frauds that prey on law-abiding citizens;
(5) transactions involving
such offshore jurisdictions make it difficult for law enforcement
officials and regulators to follow the trail of
money earned by criminals, organized international
criminal enterprises, and global terrorist organizations;
(6) correspondent banking
facilities are one of the banking mechanisms susceptible in some
circumstances to manipulation by foreign banks to
permit the laundering of funds by hiding the identity
of real parties in interest to financial transactions;
(7) private banking services
can be susceptible to manipulation by money launderers, for
example corrupt foreign government officials, particularly
if those services include the creation of offshore
accounts and facilities for large personal funds transfers to
channel funds into accounts around the globe;
(8) United States anti-money
laundering efforts are impeded by outmoded and inadequate
statutory provisions that make investigations, prosecutions,
and forfeitures more difficult, particularly in
cases in which money laundering involves foreign persons, foreign
banks, or foreign countries;
(9) the ability to mount
effective counter-measures to international money launderers
requires national, as well as bilateral and multilateral
action, using tools specially designed for that
effort; and
(10) the Basle Committee
on Banking Regulation and Supervisory Practices and the Financial
Action Task Force on Money Laundering, of both of
which the United States is a member, have each adopted
international anti-money laundering principles and recommendations.
(b) PURPOSES- The purposes of this
title are--
(1) to increase the strength
of United States measures to prevent, detect, and prosecute
international money laundering and the financing of
terrorism;
(2) to ensure that--
(A) banking transactions
and financial relationships and the conduct of such
transactions and relationships, do not contravene the
purposes of subchapter II of chapter 53 of
title 31, United States Code, section 21 of the Federal Deposit
Insurance Act, or chapter 2 of title I of
Public Law 91-508 (84 Stat. 1116), or facilitate
the evasion of any such provision; and
(B) the purposes of
such provisions of law continue to be fulfilled, and such
provisions of law are effectively and efficiently
administered;
(3) to strengthen the provisions
put into place by the Money Laundering Control Act of 1986
(18 U.S.C. 981 note), especially with respect to crimes
by non-United States nationals and foreign financial
institutions;
(4) to provide a clear national
mandate for subjecting to special scrutiny those foreign
jurisdictions, financial institutions operating outside
of the United States, and classes of international
transactions or types of accounts that pose particular, identifiable
opportunities for criminal abuse;
(5) to provide the Secretary
of the Treasury (in this title referred to as the `Secretary')
with broad discretion, subject to the safeguards
provided by the Administrative Procedure Act under
title 5, United States Code, to take measures tailored to the
particular money laundering problems presented by
specific foreign jurisdictions, financial institutions operating
outside of the United States, and classes of international
transactions or types of accounts;
(6) to ensure that the employment
of such measures by the Secretary permits appropriate
opportunity for comment by affected financial institutions;
(7) to provide guidance
to domestic financial institutions on particular foreign jurisdictions,
financial institutions operating outside of the
United States, and classes of international transactions
that are of primary money laundering concern to the United States
Government;
(8) to ensure that the forfeiture
of any assets in connection with the anti-terrorist efforts of
the United States permits for adequate challenge
consistent with providing due process rights;
(9) to clarify the terms
of the safe harbor from civil liability for filing suspicious
activity reports;
(10) to strengthen the authority
of the Secretary to issue and administer geographic
targeting orders, and to clarify that violations of such orders
or any other requirement imposed under the authority
contained in chapter 2 of title I of Public Law 91-508 and
subchapters II and III of chapter 53 of title 31, United
States Code, may result in criminal and civil penalties;
(11) to ensure that all
appropriate elements of the financial services industry are subject
to appropriate requirements to report potential
money laundering transactions to proper authorities,
and that jurisdictional disputes do not hinder examination of
compliance by financial institutions with relevant
reporting requirements;
(12) to strengthen the ability
of financial institutions to maintain the integrity of their
employee population; and
(13) to strengthen measures
to prevent the use of the United States financial system for
personal gain by corrupt foreign officials and to
facilitate the repatriation of any stolen assets
to the citizens of countries to whom such assets belong.
SEC. 303. 4-YEAR CONGRESSIONAL REVIEW;
EXPEDITED CONSIDERATION.
(a) IN GENERAL- Effective on and
after the first day of fiscal year 2005, the provisions of this
title and the amendments made by this title shall terminate
if the Congress enacts a joint resolution, the text after the
resolving clause of which is as follows: `That provisions
of the International Money Laundering Abatement and Anti-Terrorist
Financing Act of 2001, and the amendments made thereby, shall
no longer have the force of law.'.
(b) EXPEDITED CONSIDERATION- Any
joint resolution submitted pursuant to this section should be
considered by the Congress expeditiously. In particular,
it shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International Security
Assistance and Arms Control Act of 1976.
Subtitle A--International
Counter Money Laundering and Related Measures
SEC. 311. SPECIAL MEASURES FOR JURISDICTIONS,
FINANCIAL INSTITUTIONS, OR INTERNATIONAL TRANSACTIONS OF PRIMARY
MONEY LAUNDERING CONCERN.
(a) IN GENERAL- Subchapter II of
chapter 53 of title 31, United States Code, is amended by inserting
after section 5318 the following new section:
`Sec. 5318A. Special measures for jurisdictions,
financial institutions, or international transactions of primary
money laundering concern
`(a) INTERNATIONAL COUNTER-MONEY
LAUNDERING REQUIREMENTS-
`(1) IN GENERAL- The Secretary
of the Treasury may require domestic financial institutions
and domestic financial agencies to take 1 or more
of the special measures described in subsection
(b) if the Secretary finds that reasonable grounds exist for concluding
that a jurisdiction outside of the United States,
1 or more financial institutions operating outside of
the United States, 1 or more classes of transactions within,
or involving, a jurisdiction outside of the United
States, or 1 or more types of accounts is of primary money laundering
concern, in accordance with subsection (c).
`(2) FORM OF REQUIREMENT-
The special measures described in--
`(A) subsection (b)
may be imposed in such sequence or combination as the
Secretary shall determine;
`(B) paragraphs (1)
through (4) of subsection (b) may be imposed by regulation,
order, or otherwise as permitted by law; and
`(C) subsection (b)(5)
may be imposed only by regulation.
`(3) DURATION OF ORDERS;
RULEMAKING- Any order by which a special measure described in
paragraphs (1) through (4) of subsection (b) is
imposed (other than an order described in section
5326)--
`(A) shall be issued
together with a notice of proposed rulemaking relating to
the imposition of such special measure; and
`(B) may not remain
in effect for more than 120 days, except pursuant to a rule
promulgated on or before the end of the 120-day
period beginning on the date of issuance of
such order.
`(4) PROCESS FOR SELECTING
SPECIAL MEASURES- In selecting which special measure or
measures to take under this subsection, the Secretary
of the Treasury--
`(A) shall consult
with the Chairman of the Board of Governors of the Federal
Reserve System, any other appropriate Federal
banking agency, as defined in section 3 of
the Federal Deposit Insurance Act, the Secretary of State, the
Securities and Exchange Commission, the Commodity
Futures Trading Commission, the National Credit
Union Administration Board, and in the sole
discretion of the Secretary, such other agencies and interested
parties as the Secretary may find to be appropriate;
and
`(B) shall consider--
`(i) whether
similar action has been or is being taken by other
nations or multilateral groups;
`(ii) whether
the imposition of any particular special measure would
create a significant competitive disadvantage,
including any undue cost or burden
associated with compliance, for financial institutions
organized or licensed in the United States;
`(iii) the
extent to which the action or the timing of the action would
have a significant adverse systemic
impact on the international payment,
clearance, and settlement system, or on legitimate
business activities involving the particular jurisdiction,
institution, or class of transactions;
and
`(iv) the effect
of the action on United States national security and
foreign policy.
`(5) NO LIMITATION ON OTHER
AUTHORITY- This section shall not be construed as
superseding or otherwise restricting any other authority granted
to the Secretary, or to any other agency, by this
subchapter or otherwise.
`(b) SPECIAL MEASURES- The special
measures referred to in subsection (a), with respect to a jurisdiction
outside of the United States, financial institution operating
outside of the United States, class of transaction within,
or involving, a jurisdiction outside of the United States, or
1 or more types of accounts are as follows:
`(1) RECORDKEEPING AND REPORTING
OF CERTAIN FINANCIAL TRANSACTIONS-
`(A) IN GENERAL- The
Secretary of the Treasury may require any domestic
financial institution or domestic financial agency to
maintain records, file reports, or both, concerning
the aggregate amount of transactions, or concerning each
transaction, with respect to a jurisdiction outside
of the United States, 1 or more financial
institutions operating outside of the United States, 1 or more
classes of transactions within, or involving,
a jurisdiction outside of the United States, or 1
or more types of accounts if the Secretary finds any such
jurisdiction, institution, or class of transactions
to be of primary money laundering concern.
`(B) FORM OF RECORDS
AND REPORTS- Such records and reports shall be made
and retained at such time, in such manner, and for such
period of time, as the Secretary shall determine,
and shall include such information as the Secretary
may determine, including--
`(i) the identity
and address of the participants in a transaction or
relationship, including the identity of the originator
of any funds transfer;
`(ii) the legal
capacity in which a participant in any transaction is
acting;
`(iii) the
identity of the beneficial owner of the funds involved in any
transaction, in accordance with such
procedures as the Secretary determines
to be reasonable and practicable to obtain and retain
the information; and
`(iv) a description
of any transaction.
`(2) INFORMATION RELATING
TO BENEFICIAL OWNERSHIP- In addition to any other
requirement under any other provision of law, the Secretary
may require any domestic financial institution or
domestic financial agency to take such steps as the Secretary
may determine to be reasonable and practicable to
obtain and retain information concerning the beneficial
ownership of any account opened or maintained in the United States
by a foreign person (other than a foreign entity
whose shares are subject to public reporting requirements
or are listed and traded on a regulated exchange or trading market),
or a representative of such a foreign person, that
involves a jurisdiction outside of the United States,
1 or more financial institutions operating outside of the United
States, 1 or more classes of transactions within,
or involving, a jurisdiction outside of the United States, or
1 or more types of accounts if the Secretary finds
any such jurisdiction, institution, or transaction
or type of account to be of primary money laundering concern.
`(3) INFORMATION RELATING
TO CERTAIN PAYABLE-THROUGH ACCOUNTS- If the Secretary
finds a jurisdiction outside of the United States, 1 or
more financial institutions operating outside of
the United States, or 1 or more classes of transactions within,
or involving, a jurisdiction outside of the United
States to be of primary money laundering concern, the
Secretary may require any domestic financial institution
or domestic financial agency that opens or maintains
a payable-through account in the United States for a foreign financial
institution involving any such jurisdiction or any
such financial institution operating outside of
the United States, or a payable through account through which
any such transaction may be conducted, as a condition
of opening or maintaining such account--
`(A) to identify each
customer (and representative of such customer) of such
financial institution who is permitted to use, or
whose transactions are routed through, such
payable-through account; and
`(B) to obtain, with
respect to each such customer (and each such
representative), information that is substantially comparable
to that which the depository institution obtains
in the ordinary course of business with respect to
its customers residing in the United States.
`(4) INFORMATION RELATING
TO CERTAIN CORRESPONDENT ACCOUNTS- If the Secretary finds
a jurisdiction outside of the United States, 1 or more
financial institutions operating outside of the
United States, or 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United
States to be of primary money laundering concern, the Secretary
may require any domestic financial institution or
domestic financial agency that opens or maintains
a correspondent account in the United States for a foreign financial
institution involving any such jurisdiction or any
such financial institution operating outside of the United States,
or a correspondent account through which any such
transaction may be conducted, as a condition of
opening or maintaining such account--
`(A) to identify each
customer (and representative of such customer) of any such
financial institution who is permitted to use,
or whose transactions are routed through,
such correspondent account; and
`(B) to obtain, with
respect to each such customer (and each such
representative), information that is substantially comparable
to that which the depository institution obtains
in the ordinary course of business with respect to
its customers residing in the United States.
`(5) PROHIBITIONS OR CONDITIONS
ON OPENING OR MAINTAINING CERTAIN CORRESPONDENT
OR PAYABLE-THROUGH ACCOUNTS- If the Secretary finds a jurisdiction
outside of the United States, 1 or more financial
institutions operating outside of the United States,
or 1 or more classes of transactions within, or involving, a jurisdiction
outside of the United States to be of primary money
laundering concern, the Secretary, in consultation with
the Secretary of State, the Attorney General, and the
Chairman of the Board of Governors of the Federal
Reserve System, may prohibit, or impose conditions upon, the opening
or maintaining in the United States of a correspondent
account or payable- through account by any domestic
financial institution or domestic financial agency for or on behalf
of a foreign banking institution, if such correspondent
account or payable-through account involves any
such jurisdiction or institution, or if any such transaction may
be conducted through such correspondent account
or payable-through account.
`(c) CONSULTATIONS AND INFORMATION
TO BE CONSIDERED IN FINDING JURISDICTIONS, INSTITUTIONS,
TYPES OF ACCOUNTS, OR TRANSACTIONS TO BE OF PRIMARY MONEY LAUNDERING
CONCERN-
`(1) IN GENERAL- In making
a finding that reasonable grounds exist for concluding that a
jurisdiction outside of the United States, 1 or
more financial institutions operating outside of
the United States, 1 or more classes of transactions within,
or involving, a jurisdiction outside of the United
States, or 1 or more types of accounts is of primary money laundering
concern so as to authorize the Secretary of the
Treasury to take 1 or more of the special measures
described in subsection (b), the Secretary shall consult with
the Secretary of State and the Attorney General.
`(2) ADDITIONAL CONSIDERATIONS-
In making a finding described in paragraph (1), the
Secretary shall consider in addition such information as the
Secretary determines to be relevant, including the
following potentially relevant factors:
`(A) JURISDICTIONAL
FACTORS- In the case of a particular jurisdiction--
`(i) evidence
that organized criminal groups, international terrorists,
or both, have transacted business in that
jurisdiction;
`(ii) the extent
to which that jurisdiction or financial institutions
operating in that jurisdiction offer bank secrecy
or special regulatory advantages to
nonresidents or nondomiciliaries of that jurisdiction;
`(iii) the
substance and quality of administration of the bank
supervisory and counter-money laundering laws
of that jurisdiction;
`(iv) the relationship
between the volume of financial transactions
occurring in that jurisdiction and the size of the economy
of the jurisdiction;
`(v) the extent
to which that jurisdiction is characterized as an
offshore banking or secrecy haven by credible international
organizations or multilateral expert
groups;
`(vi) whether
the United States has a mutual legal assistance treaty
with that jurisdiction, and the experience
of United States law enforcement officials
and regulatory officials in obtaining information
about transactions originating in or routed through
or to such jurisdiction; and
`(vii) the
extent to which that jurisdiction is characterized by high
levels of official or institutional corruption.
`(B) INSTITUTIONAL
FACTORS- In the case of a decision to apply 1 or more of the
special measures described in subsection (b)
only to a financial institution or institutions,
or to a transaction or class of transactions, or to a type of
account, or to all 3, within or involving
a particular jurisdiction--
`(i) the extent
to which such financial institutions, transactions, or
types of accounts are used to facilitate or
promote money laundering in or through
the jurisdiction;
`(ii) the extent
to which such institutions, transactions, or types of
accounts are used for legitimate business purposes
in the jurisdiction; and
`(iii) the
extent to which such action is sufficient to ensure, with
respect to transactions involving the jurisdiction
and institutions operating in the jurisdiction,
that the purposes of this subchapter
continue to be fulfilled, and to guard against international
money laundering and other financial
crimes.
`(d) NOTIFICATION OF SPECIAL MEASURES
INVOKED BY THE SECRETARY- Not later than 10 days after the
date of any action taken by the Secretary of the Treasury
under subsection (a)(1), the Secretary shall notify, in
writing, the Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs
of the Senate of any such action.
`(e) DEFINITIONS- Notwithstanding
any other provision of this subchapter, for purposes of this section
and subsections (i) and (j) of section 5318, the following
definitions shall apply:
`(1) BANK DEFINITIONS- The
following definitions shall apply with respect to a bank:
`(A) ACCOUNT- The
term `account'--
`(i) means
a formal banking or business relationship established to
provide regular services, dealings, and
other financial transactions; and
`(ii) includes
a demand deposit, savings deposit, or other
transaction or asset account and a credit account or
other extension of credit.
`(B) CORRESPONDENT
ACCOUNT- The term `correspondent account' means an
account established to receive deposits from, make payments
on behalf of a foreign financial institution,
or handle other financial transactions related to such
institution.
`(C) PAYABLE-THROUGH
ACCOUNT- The term `payable-through account' means
an account, including a transaction account (as defined
in section 19(b)(1)(C) of the Federal Reserve
Act), opened at a depository institution by a foreign financial
institution by means of which the foreign
financial institution permits its customers
to engage, either directly or through a subaccount, in banking
activities usual in connection with the business
of banking in the United States.
`(2) DEFINITIONS APPLICABLE
TO INSTITUTIONS OTHER THAN BANKS- With respect to any
financial institution other than a bank, the Secretary shall,
after consultation with the appropriate Federal
functional regulators (as defined in section 509 of the
Gramm-Leach-Bliley Act), define by regulation the term
`account', and shall include within the meaning
of that term, to the extent, if any, that the Secretary deems
appropriate, arrangements similar to payable-through
and correspondent accounts.
`(3) REGULATORY DEFINITION
OF BENEFICIAL OWNERSHIP- The Secretary shall promulgate
regulations defining beneficial ownership of an account
for purposes of this section and subsections (i)
and (j) of section 5318. Such regulations shall address issues
related to an individual's authority to fund, direct,
or manage the account (including, without limitation, the
power to direct payments into or out of the account),
and an individual's material interest in the income
or corpus of the account, and shall ensure that the identification
of individuals under this section does not extend
to any individual whose beneficial interest in the income
or corpus of the account is immaterial.'.
`(4) OTHER TERMS- The Secretary
may, by regulation, further define the terms in paragraphs
(1), (2), and (3), and define other terms for the purposes
of this section, as the Secretary deems appropriate.'.
(b) CLERICAL AMENDMENT- The table
of sections for subchapter II of chapter 53 of title 31, United
States Code, is amended by inserting after the item relating
to section 5318 the following new item:
`5318A. Special measures
for jurisdictions, financial institutions, or international transactions
of primary money laundering concern.'.
SEC. 312. SPECIAL DUE DILIGENCE FOR CORRESPONDENT
ACCOUNTS AND PRIVATE BANKING ACCOUNTS.
(a) IN GENERAL- Section 5318 of
title 31, United States Code, is amended by adding at the end
the following:
`(i) DUE DILIGENCE FOR UNITED STATES
PRIVATE BANKING AND CORRESPONDENT BANK ACCOUNTS INVOLVING
FOREIGN PERSONS-
`(1) IN GENERAL- Each financial
institution that establishes, maintains, administers, or
manages a private banking account or a correspondent
account in the United States for a non-United States
person, including a foreign individual visiting the United States,
or a representative of a non-United States person
shall establish appropriate, specific, and, where
necessary, enhanced, due diligence policies, procedures, and
controls that are reasonably designed to detect
and report instances of money laundering through those accounts.
`(2) ADDITIONAL STANDARDS
FOR CERTAIN CORRESPONDENT ACCOUNTS-
`(A) IN GENERAL- Subparagraph
(B) shall apply if a correspondent account is
requested or maintained by, or on behalf of, a foreign bank
operating--
`(i) under
an offshore banking license; or
`(ii) under
a banking license issued by a foreign country that has
been designated--
`(I) as noncooperative with international
anti-money laundering principles or procedures by an intergovernmental
group or organization of which the United States is a member,
with which designation the United States representative to the
group or organization concurs; or
`(II) by the Secretary of the Treasury
as warranting special measures due to money laundering concerns.
`(B) POLICIES, PROCEDURES,
AND CONTROLS- The enhanced due diligence policies,
procedures, and controls required under paragraph (1) shall, at
a minimum, ensure that the financial institution
in the United States takes reasonable steps--
`(i) to ascertain
for any such foreign bank, the shares of which are
not publicly traded, the identity of each of the
owners of the foreign bank, and the
nature and extent of the ownership interest of each
such owner;
`(ii) to conduct
enhanced scrutiny of such account to guard against
money laundering and report any suspicious transactions
under subsection (g); and
`(iii) to ascertain
whether such foreign bank provides correspondent
accounts to other foreign banks and, if so, the
identity of those foreign banks and
related due diligence information, as appropriate
under paragraph (1).
`(3) MINIMUM STANDARDS FOR
PRIVATE BANKING ACCOUNTS- If a private banking account is
requested or maintained by, or on behalf of, a non-United
States person, then the due diligence policies,
procedures, and controls required under paragraph (1) shall, at
a minimum, ensure that the financial institution
takes reasonable steps--
`(A) to ascertain
the identity of the nominal and beneficial owners of, and the
source of funds deposited into, such account
as needed to guard against money laundering
and report any suspicious transactions under subsection (g); and
`(B) to conduct enhanced
scrutiny of any such account that is requested or
maintained by, or on behalf of, a senior foreign political
figure, or any immediate family member or
close associate of a senior foreign political figure that is
reasonably designed to detect and report transactions
that may involve the proceeds of foreign corruption.
`(4) DEFINITION- For purposes
of this subsection, the following definitions shall apply:
`(A) OFFSHORE BANKING
LICENSE- The term `offshore banking license' means a
license to conduct banking activities which, as a condition
of the license, prohibits the licensed entity
from conducting banking activities with the citizens of, or with
the local currency of, the country which issued
the license.'.
`(B) PRIVATE BANKING
ACCOUNT- The term `private banking account' means an
account (or any combination of accounts) that--
`(i) requires
a minimum aggregate deposits of funds or other assets
of not less than $1,000,000;
`(ii) is established
on behalf of 1 or more individuals who have a
direct or beneficial ownership interest in the account;
and
`(iii) is assigned
to, or is administered or managed by, in whole or in
part, an officer, employee, or agent of a financial
institution acting as a liaison between
the financial institution and the direct or
beneficial owner of the account.'.
(b) REGULATORY AUTHORITY AND EFFECTIVE
DATE-
(1) REGULATORY AUTHORITY-
Not later than 180 days after the date of enactment of this Act,
the Secretary, in consultation with the appropriate
Federal functional regulators (as defined in section
509 of the Gramm-Leach-Bliley Act) of the affected financial institutions,
shall further delineate, by regulation, the due
diligence policies, procedures, and controls required under
section 5318(i)(1) of title 31, United States Code,
as added by this section.
(2) EFFECTIVE DATE- Section
5318(i) of title 31, United States Code, as added by this section,
shall take effect 270 days after the date of enactment
of this Act, whether or not final regulations are
issued under paragraph (1), and the failure to issue such regulations
shall in no way affect the enforceability of this
section or the amendments made by this section.
Section 5318(i) of title 31, United States Code, as added by this
section, shall apply with respect to accounts covered
by that section 5318(i), that are opened before, on, or after
the date of enactment of this Act.
SEC. 313. PROHIBITION ON UNITED STATES
CORRESPONDENT ACCOUNTS WITH FOREIGN SHELL BANKS.
(a) IN GENERAL- Section 5318 of
title 31, United States Code, as amended by this title, is amended
by adding at the end the following:
`(j) PROHIBITION ON UNITED STATES
CORRESPONDENT ACCOUNTS WITH FOREIGN SHELL BANKS-
`(1) IN GENERAL- A financial
institution described in subparagraphs (A) through (G) of section
5312(a)(2) (in this subsection referred to as a
`covered financial institution') shall not establish,
maintain, administer, or manage a correspondent account in the
United States for, or on behalf of, a foreign bank
that does not have a physical presence in any country.
`(2) PREVENTION OF INDIRECT
SERVICE TO FOREIGN SHELL BANKS- A covered financial
institution shall take reasonable steps to ensure that any
correspondent account established, maintained, administered,
or managed by that covered financial institution in the
United States for a foreign bank is not being used by
that foreign bank to indirectly provide banking
services to another foreign bank that does not have a physical
presence in any country. The Secretary of the Treasury
shall, by regulation, delineate the reasonable steps
necessary to comply with this paragraph.
`(3) EXCEPTION- Paragraphs
(1) and (2) do not prohibit a covered financial institution from
providing a correspondent account to a foreign bank,
if the foreign bank--
`(A) is an affiliate
of a depository institution, credit union, or foreign bank that
maintains a physical presence in the United
States or a foreign country, as applicable;
and
`(B) is subject to
supervision by a banking authority in the country regulating the
affiliated depository institution, credit
union, or foreign bank described in subparagraph
(A), as applicable.
`(4) DEFINITIONS- For purposes
of this subsection--
`(A) the term `affiliate'
means a foreign bank that is controlled by or is under
common control with a depository institution, credit
union, or foreign bank; and
`(B) the term `physical
presence' means a place of business that--
`(i) is maintained
by a foreign bank;
`(ii) is located
at a fixed address (other than solely an electronic
address) in a country in which the foreign bank
is authorized to conduct banking activities,
at which location the foreign bank--
`(I) employs 1 or more individuals on
a full-time basis; and
`(II) maintains operating records related
to its banking activities; and
`(iii) is subject
to inspection by the banking authority which licensed
the foreign bank to conduct banking activities.'.
(b) EFFECTIVE DATE- The amendment
made by subsection (a) shall take effect at the end of the 60-day
period beginning on the date of enactment of this Act.
SEC. 314. COOPERATIVE EFFORTS TO DETER
MONEY LAUNDERING.
(a) COOPERATION AMONG FINANCIAL
INSTITUTIONS, REGULATORY AUTHORITIES, AND LAW ENFORCEMENT
AUTHORITIES-
(1) REGULATIONS- The Secretary
shall, within 120 days after the date of enactment of this
Act, adopt regulations to encourage further cooperation
among financial institutions, their regulatory authorities,
and law enforcement authorities, with the specific purpose of
encouraging regulatory authorities and law enforcement
authorities to share with financial institutions
information regarding individuals, entities, and organizations
engaged in or reasonably suspected based on credible
evidence of engaging in terrorist acts or money
laundering activities.
(2) COOPERATION AND INFORMATION
SHARING PROCEDURES- The regulations adopted under
paragraph (1) may include or create procedures for cooperation
and information sharing focusing on--
(A) matters specifically
related to the finances of terrorist groups, the means by
which terrorist groups transfer funds around the
world and within the United States, including
through the use of charitable organizations, nonprofit
organizations, and nongovernmental organizations,
and the extent to which financial institutions
in the United States are unwittingly involved in such finances
and the extent to which such institutions
are at risk as a result;
(B) the relationship,
particularly the financial relationship, between international
narcotics traffickers and foreign terrorist
organizations, the extent to which their memberships
overlap and engage in joint activities, and the extent to which
they cooperate with each other in raising
and transferring funds for their respective
purposes; and
(C) means of facilitating
the identification of accounts and transactions involving
terrorist groups and facilitating the exchange
of information concerning such accounts and
transactions between financial institutions and law enforcement
organizations.
(3) CONTENTS- The regulations
adopted pursuant to paragraph (1) may--
(A) require that each
financial institution designate 1 or more persons to receive
information concerning, and to monitor accounts
of individuals, entities, and organizations
identified, pursuant to paragraph (1); and
(B) further establish
procedures for the protection of the shared information,
consistent with the capacity, size, and nature
of the institution to which the particular
procedures apply.
(4) RULE OF CONSTRUCTION-
The receipt of information by a financial institution pursuant
to this section shall not relieve or otherwise modify
the obligations of the financial institution with
respect to any other person or account.
(5) USE OF INFORMATION-
Information received by a financial institution pursuant to this
section shall not be used for any purpose other
than identifying and reporting on activities that
may involve terrorist acts or money laundering activities.
(b) COOPERATION AMONG FINANCIAL
INSTITUTIONS- Upon notice provided to the Secretary, 2 or more
financial institutions and any association of financial
institutions may share information with one another regarding
individuals, entities, organizations, and countries suspected
of possible terrorist or money laundering activities. A
financial institution or association that transmits, receives,
or shares such information for the purposes of identifying
and reporting activities that may involve terrorist acts or money
laundering activities shall not be liable to any person
under any law or regulation of the United States, any constitution,
law, or regulation of any State or political subdivision thereof,
or under any contract or other legally enforceable agreement
(including any arbitration agreement), for such disclosure or
for any failure to provide notice of such disclosure to
the person who is the subject of such disclosure, or any
other person identified in the disclosure, except where such
transmission, receipt, or sharing violates this section
or regulations promulgated pursuant to this section.
(c) RULE OF CONSTRUCTION- Compliance
with the provisions of this title requiring or allowing financial
institutions and any association of financial institutions
to disclose or share information regarding individuals,
entities, and organizations engaged in or suspected of engaging
in terrorist acts or money laundering activities shall
not constitute a violation of the provisions of title V of the
Gramm-Leach-Bliley Act (Public Law 106-102).
(d) REPORTS TO THE FINANCIAL SERVICES
INDUSTRY ON SUSPICIOUS FINANCIAL ACTIVITIES- At least semiannually,
the Secretary shall--
(1) publish a report containing
a detailed analysis identifying patterns of suspicious activity
and other investigative insights derived from suspicious
activity reports and investigations conducted by
Federal, State, and local law enforcement agencies to the extent
appropriate; and
(2) distribute such report
to financial institutions (as defined in section 5312 of title
31, United States Code).
SEC. 315. INCLUSION OF FOREIGN CORRUPTION
OFFENSES AS MONEY LAUNDERING CRIMES.
Section 1956(c)(7) of title 18,
United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (ii),
by striking `or destruction of property by means of explosive
or fire' and inserting `destruction of property
by means of explosive or fire, or a crime
of violence (as defined in section 16)';
(B) in clause (iii),
by striking `1978' and inserting `1978)'; and
(C) by adding at the
end the following:
`(iv) bribery
of a public official, or the misappropriation, theft, or
embezzlement of public funds by or for the
benefit of a public official;
`(v) smuggling
or export control violations involving--
`(I) an item controlled on the United
States Munitions List established under section 38 of the Arms
Export Control Act (22 U.S.C. 2778); or
`(II) an item controlled under regulations
under the Export Administration Regulations (15 C.F.R. Parts
730-774); or
`(vi) an offense
with respect to which the United States would be
obligated by a multilateral treaty, either to extradite
the alleged offender or to submit the
case for prosecution, if the offender were
found within the territory of the United States;'; and
(2) in subparagraph (D)--
(A) by inserting `section
541 (relating to goods falsely classified),' before
`section 542';
(B) by inserting `section
922(1) (relating to the unlawful importation of firearms),
section 924(n) (relating to firearms trafficking),'
before `section 956';
(C) by inserting `section
1030 (relating to computer fraud and abuse),' before
`1032'; and
(D) by inserting `any
felony violation of the Foreign Agents Registration Act of
1938,' before `or any felony violation of the
Foreign Corrupt Practices Act'.
SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.
(a) RIGHT TO CONTEST- An owner
of property that is confiscated under any provision of law relating
to the confiscation of assets of suspected international
terrorists, may contest that confiscation by filing a claim
in the manner set forth in the Federal Rules of Civil Procedure
(Supplemental Rules for Certain Admiralty and Maritime
Claims), and asserting as an affirmative defense that--
(1) the property is not
subject to confiscation under such provision of law; or
(2) the innocent owner provisions
of section 983(d) of title 18, United States Code, apply to
the case.
(b) EVIDENCE- In considering a
claim filed under this section, a court may admit evidence that
is otherwise inadmissible under the Federal Rules of Evidence,
if the court determines that the evidence is reliable, and
that compliance with the Federal Rules of Evidence may jeopardize
the national security interests of the United States.
(c) CLARIFICATIONS-
(1) PROTECTION OF RIGHTS-
The exclusion of certain provisions of Federal law from the
definition of the term `civil forfeiture statute'
in section 983(i) of title 18, United States Code,
shall not be construed to deny an owner of property the right
to contest the confiscation of assets of suspected
international terrorists under--
(A) subsection (a)
of this section;
(B) the Constitution;
or
(C) subchapter II
of chapter 5 of title 5, United States Code (commonly known as
the `Administrative Procedure Act').
(2) SAVINGS CLAUSE- Nothing
in this section shall limit or otherwise affect any other remedies
that may be available to an owner of property under
section 983 of title 18, United States Code, or
any other provision of law.
(d) TECHNICAL CORRECTION- Section
983(i)(2)(D) of title 18, United States Code, is amended by inserting
`or the International Emergency Economic Powers Act (IEEPA)
(50 U.S.C. 1701 et seq.)' before the semicolon.
SEC. 317. LONG-ARM JURISDICTION OVER FOREIGN
MONEY LAUNDERERS.
Section 1956(b) of title 18, United
States Code, is amended--
(1) by redesignating paragraphs
(1) and (2) as subparagraphs (A) and (B), respectively, and
moving the margins 2 ems to the right;
(2) by inserting after `(b)'
the following: `PENALTIES-
`(1) IN GENERAL- ';
(3) by inserting `, or section
1957' after `or (a)(3)'; and
(4) by adding at the end
the following:
`(2) JURISDICTION OVER FOREIGN
PERSONS- For purposes of adjudicating an action filed or
enforcing a penalty ordered under this section, the district
courts shall have jurisdiction over any foreign
person, including any financial institution authorized under the
laws of a foreign country, against whom the action
is brought, if service of process upon the foreign person is
made under the Federal Rules of Civil Procedure or
the laws of the country in which the foreign person
is found, and--
`(A) the foreign person
commits an offense under subsection (a) involving a
financial transaction that occurs in whole or in part
in the United States;
`(B) the foreign person
converts, to his or her own use, property in which the
United States has an ownership interest by virtue
of the entry of an order of forfeiture by
a court of the United States; or
`(C) the foreign person
is a financial institution that maintains a bank account at
a financial institution in the United States.
`(3) COURT AUTHORITY OVER
ASSETS- A court described in paragraph (2) may issue a pretrial
restraining order or take any other action necessary
to ensure that any bank account or other property
held by the defendant in the United States is available to satisfy
a judgment under this section.
`(4) FEDERAL RECEIVER-
`(A) IN GENERAL- A
court described in paragraph (2) may appoint a Federal
Receiver, in accordance with subparagraph (B) of
this paragraph, to collect, marshal, and take
custody, control, and possession of all assets of the
defendant, wherever located, to satisfy a civil judgment
under this subsection, a forfeiture judgment
under section 981 or 982, or a criminal sentence under
section 1957 or subsection (a) of this section, including
an order of restitution to any victim of a
specified unlawful activity.
`(B) APPOINTMENT AND
AUTHORITY- A Federal Receiver described in
subparagraph (A)--
`(i) may be
appointed upon application of a Federal prosecutor or a
Federal or State regulator, by the court
having jurisdiction over the defendant
in the case;
`(ii) shall
be an officer of the court, and the powers of the Federal
Receiver shall include the powers set out
in section 754 of title 28, United
States Code; and
`(iii) shall
have standing equivalent to that of a Federal prosecutor
for the purpose of submitting requests to
obtain information regarding the assets
of the defendant--
`(I) from the Financial Crimes Enforcement
Network of the Department of the Treasury; or
`(II) from a foreign country pursuant
to a mutual legal assistance treaty, multilateral agreement,
or other arrangement for international law enforcement assistance,
provided that such requests are in accordance with the policies
and procedures of the Attorney General.'.
SEC. 318. LAUNDERING MONEY THROUGH A FOREIGN
BANK.
Section 1956(c) of title 18, United
States Code, is amended by striking paragraph (6) and inserting
the following:
`(6) the term `financial
institution' includes--
`(A) any financial
institution, as defined in section 5312(a)(2) of title 31, United
States Code, or the regulations promulgated
thereunder; and
`(B) any foreign bank,
as defined in section 1 of the International Banking Act of
1978 (12 U.S.C. 3101).'.
SEC. 319. FORFEITURE OF FUNDS IN UNITED
STATES INTERBANK ACCOUNTS.
(a) FORFEITURE FROM UNITED STATES
INTERBANK ACCOUNT- Section 981 of title 18, United States Code,
is amended by adding at the end the following:
`(k) INTERBANK ACCOUNTS-
`(1) IN GENERAL-
`(A) IN GENERAL- For
the purpose of a forfeiture under this section or under the
Controlled Substances Act (21 U.S.C. 801 et
seq.), if funds are deposited into an account
at a foreign bank, and that foreign bank has an interbank account
in the United States with a covered financial
institution (as defined in section 5318(j)(1)
of title 31), the funds shall be deemed to have been deposited
into the interbank account in the United States,
and any restraining order, seizure warrant, or
arrest warrant in rem regarding the funds may be served on
the covered financial institution, and funds
in the interbank account, up to the value of the
funds deposited into the account at the foreign bank, may
be restrained, seized, or arrested.
`(B) AUTHORITY TO
SUSPEND- The Attorney General, in consultation with the
Secretary of the Treasury, may suspend or terminate
a forfeiture under this section if the Attorney
General determines that a conflict of law exists between
the laws of the jurisdiction in which the foreign
bank is located and the laws of the United
States with respect to liabilities arising from the restraint,
seizure, or arrest of such funds, and that
such suspension or termination would be in the
interest of justice and would not harm the national interests
of the United States.
`(2) NO REQUIREMENT FOR
GOVERNMENT TO TRACE FUNDS- If a forfeiture action is brought
against funds that are restrained, seized, or arrested
under paragraph (1), it shall not be necessary for
the Government to establish that the funds are directly traceable
to the funds that were deposited into the foreign
bank, nor shall it be necessary for the Government to
rely on the application of section 984.
`(3) CLAIMS BROUGHT BY OWNER
OF THE FUNDS- If a forfeiture action is instituted against
funds restrained, seized, or arrested under paragraph
(1), the owner of the funds deposited into the account
at the foreign bank may contest the forfeiture by filing a claim
under section 983.
`(4) DEFINITIONS- For purposes
of this subsection, the following definitions shall apply:
`(A) INTERBANK ACCOUNT-
The term `interbank account' has the same meaning
as in section 984(c)(2)(B).
`(B) OWNER-
`(i) IN GENERAL-
Except as provided in clause (ii), the term
`owner'--
`(I) means the person who was the owner,
as that term is defined in section 983(d)(6), of the funds that
were deposited into the foreign bank at the time such funds
were deposited; and
`(II) does not include either the foreign
bank or any financial institution acting as an intermediary
in the transfer of the funds into the interbank account.
`(ii) EXCEPTION-
The foreign bank may be considered the `owner'
of the funds (and no other person shall qualify as
the owner of such funds) only if--
`(I) the basis for the forfeiture action
is wrongdoing committed by the foreign bank; or
`(II) the foreign bank establishes,
by a preponderance of the evidence, that prior to the restraint,
seizure, or arrest of the funds, the foreign bank had discharged
all or part of its obligation to the prior owner of the funds,
in which case the foreign bank shall be deemed the owner of
the funds to the extent of such discharged obligation.'.
(b) BANK RECORDS- Section 5318
of title 31, United States Code, as amended by this title, is
amended by adding at the end the following:
`(k) BANK RECORDS RELATED TO ANTI-MONEY
LAUNDERING PROGRAMS-
`(1) DEFINITIONS- For purposes
of this subsection, the following definitions shall apply:
`(A) APPROPRIATE FEDERAL
BANKING AGENCY- The term `appropriate Federal
banking agency' has the same meaning as in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
`(B) INCORPORATED
TERM- The term `correspondent account' has the same
meaning as in section 5318A(f)(1)(B).
`(2) 120-HOUR RULE- Not
later than 120 hours after receiving a request by an appropriate
Federal banking agency for information related to
anti-money laundering compliance by a covered financial
institution or a customer of such institution, a covered financial
institution shall provide to the appropriate Federal
banking agency, or make available at a location
specified by the representative of the appropriate Federal banking
agency, information and account documentation for
any account opened, maintained, administered or managed in the
United States by the covered financial institution.
`(3) FOREIGN BANK RECORDS-
`(A) SUMMONS OR SUBPOENA
OF RECORDS-
`(i) IN GENERAL-
The Secretary of the Treasury or the Attorney
General may issue a summons or subpoena to any foreign
bank that maintains a correspondent
account in the United States and request
records related to such correspondent account, including
records maintained outside of the United
States relating to the deposit of funds
into the foreign bank.
`(ii) SERVICE
OF SUMMONS OR SUBPOENA- A summons or subpoena
referred to in clause (i) may be served on the foreign
bank in the United States if the foreign
bank has a representative in the United
States, or in a foreign country pursuant to any mutual legal
assistance treaty, multilateral agreement,
or other request for international
law enforcement assistance.
`(B) ACCEPTANCE OF
SERVICE-
`(i) MAINTAINING
RECORDS IN THE UNITED STATES- Any covered
financial institution which maintains a correspondent account
in the United States for a foreign
bank shall maintain records in the United
States identifying the owners of such foreign bank and
the name and address of a person who
resides in the United States and is
authorized to accept service of legal process for records regarding
the correspondent account.
`(ii) LAW ENFORCEMENT
REQUEST- Upon receipt of a written
request from a Federal law enforcement officer for information
required to be maintained under this
paragraph, the covered financial institution
shall provide the information to the requesting
officer not later than 7 days after receipt of the
request.
`(C) TERMINATION OF
CORRESPONDENT RELATIONSHIP-
`(i) TERMINATION
UPON RECEIPT OF NOTICE- A covered financial
institution shall terminate any correspondent relationship
with a foreign bank not later than
10 business days after receipt of written
notice from the Secretary or the Attorney General (in each
case, after consultation with the other)
that the foreign bank has failed--
`(I) to comply with a summons or subpoena
issued under subparagraph (A); or
`(II) to initiate proceedings in a United
States court contesting such summons or subpoena.
`(ii) LIMITATION
ON LIABILITY- A covered financial institution shall
not be liable to any person in any court or arbitration
proceeding for terminating a correspondent
relationship in accordance with this
subsection.
`(iii) FAILURE
TO TERMINATE RELATIONSHIP- Failure to terminate a
correspondent relationship in accordance with this
subsection shall render the covered
financial institution liable for a civil penalty of up
to $10,000 per day until the correspondent
relationship is so terminated.'.
(c) GRACE PERIOD- Financial institutions
shall have 60 days from the date of enactment of this Act to
comply with the provisions of section 5318(k) of title 31,
United States Code, as added by this section.
(d) AUTHORITY TO ORDER CONVICTED
CRIMINAL TO RETURN PROPERTY LOCATED ABROAD-
(1) FORFEITURE OF SUBSTITUTE
PROPERTY- Section 413(p) of the Controlled Substances Act
(21 U.S.C. 853) is amended to read as follows:
`(p) FORFEITURE OF SUBSTITUTE PROPERTY-
`(1) IN GENERAL- Paragraph
(2) of this subsection shall apply, if any property described
in subsection (a), as a result of any act or omission
of the defendant--
`(A) cannot be located
upon the exercise of due diligence;
`(B) has been transferred
or sold to, or deposited with, a third party;
`(C) has been placed
beyond the jurisdiction of the court;
`(D) has been substantially
diminished in value; or
`(E) has been commingled
with other property which cannot be divided without
difficulty.
`(2) SUBSTITUTE PROPERTY-
In any case described in any of subparagraphs (A) through (E)
of paragraph (1), the court shall order the forfeiture
of any other property of the defendant, up to the
value of any property described in subparagraphs (A) through (E)
of paragraph (1), as applicable.
`(3) RETURN OF PROPERTY
TO JURISDICTION- In the case of property described in paragraph
(1)(C), the court may, in addition to any other
action authorized by this subsection, order the
defendant to return the property to the jurisdiction of the court
so that the property may be seized and forfeited.'.
(2) PROTECTIVE ORDERS- Section
413(e) of the Controlled Substances Act (21 U.S.C. 853(e))
is amended by adding at the end the following:
`(4) ORDER TO REPATRIATE
AND DEPOSIT-
`(A) IN GENERAL- Pursuant
to its authority to enter a pretrial restraining order
under this section, the court may order a defendant
to repatriate any property that may be seized
and forfeited, and to deposit that property pending trial in
the registry of the court, or with the United
States Marshals Service or the Secretary of
the Treasury, in an interest-bearing account, if appropriate.
`(B) FAILURE TO COMPLY-
Failure to comply with an order under this subsection,
or an order to repatriate property under subsection
(p), shall be punishable as a civil or criminal
contempt of court, and may also result in an enhancement of the
sentence of the defendant under the obstruction
of justice provision of the Federal Sentencing
Guidelines.'.
SEC. 320. PROCEEDS OF FOREIGN CRIMES.
Section 981(a)(1)(B) of title 18,
United States Code, is amended to read as follows:
`(B) Any property, real
or personal, within the jurisdiction of the United States, constituting,
derived from, or traceable to, any proceeds obtained
directly or indirectly from an offense against a
foreign nation, or any property used to facilitate such an offense,
if the offense--
`(i) involves the
manufacture, importation, sale, or distribution of a controlled
substance (as that term is defined for purposes
of the Controlled Substances Act), or any
other conduct described in section 1956(c)(7)(B);
`(ii) would be punishable
within the jurisdiction of the foreign nation by death or
imprisonment for a term exceeding 1 year; and
`(iii) would be punishable
under the laws of the United States by imprisonment
for a term exceeding 1 year, if the act or activity
constituting the offense had occurred within
the jurisdiction of the United States.'.
SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED
IN SUBCHAPTER II OF CHAPTER 53 OF TITLE 31, UNITED STATES CODE.
(a) CREDIT UNIONS- Subparagraph
(E) of section 5312(2) of title 31, United States Code, is amended
to read as follows:
`(E) any credit union;'.
(b) FUTURES COMMISSION MERCHANT;
COMMODITY TRADING ADVISOR; COMMODITY POOL OPERATOR- Section
5312 of title 31, United States Code, is amended by adding at
the end the following new subsection:
`(c) ADDITIONAL DEFINITIONS- For
purposes of this subchapter, the following definitions shall apply:
`(1) CERTAIN INSTITUTIONS
INCLUDED IN DEFINITION- The term `financial institution' (as
defined in subsection (a)) includes the following:
`(A) Any futures commission
merchant, commodity trading advisor, or commodity
pool operator registered, or required to register, under
the Commodity Exchange Act.'.
(c) CFTC INCLUDED- For purposes
of this Act and any amendment made by this Act to any other provision
of law, the term `Federal functional regulator' includes
the Commodity Futures Trading Commission.
SEC. 322. CORPORATION REPRESENTED BY A
FUGITIVE.
Section 2466 of title 18, United
States Code, is amended by designating the present matter as subsection
(a), and adding at the end the following:
`(b) Subsection (a) may be applied
to a claim filed by a corporation if any majority shareholder,
or individual filing the claim on behalf of the corporation
is a person to whom subsection (a) applies.'.
SEC. 323. ENFORCEMENT OF FOREIGN JUDGMENTS.
Section 2467 of title 28, United
States Code, is amended--
(1) in subsection (d), by
adding the following after paragraph (2):
`(3) PRESERVATION OF PROPERTY-
`(A) IN GENERAL- To
preserve the availability of property subject to a foreign
forfeiture or confiscation judgment, the Government
may apply for, and the court may issue, a
restraining order pursuant to section 983(j) of title 18, at any
time before or after an application is filed
pursuant to subsection (c)(1) of this section.
`(B) EVIDENCE- The
court, in issuing a restraining order under subparagraph
(A)--
`(i) may rely
on information set forth in an affidavit describing the
nature of the proceeding or investigation
underway in the foreign country, and
setting forth a reasonable basis to believe that the
property to be restrained will be named in a
judgment of forfeiture at the conclusion
of such proceeding; or
`(ii) may register
and enforce a restraining order that has been
issued by a court of competent jurisdiction in the
foreign country and certified by the
Attorney General pursuant to subsection (b)(2).
`(C) LIMIT ON GROUNDS
FOR OBJECTION- No person may object to a restraining
order under subparagraph (A) on any ground that is
the subject of parallel litigation involving
the same property that is pending in a foreign court.';
(2) in subsection (b)(1)(C),
by striking `establishing that the defendant received notice of
the proceedings in sufficient time to enable the
defendant' and inserting `establishing that the
foreign nation took steps, in accordance with the principles of
due process, to give notice of the proceedings to
all persons with an interest in the property in sufficient time
to enable such persons';
(3) in subsection (d)(1)(D),
by striking `the defendant in the proceedings in the foreign court
did not receive notice' and inserting `the foreign
nation did not take steps, in accordance with the
principles of due process, to give notice of the proceedings to
a person with an interest in the property'; and
(4) in subsection (a)(2)(A),
by inserting `, any violation of foreign law that would constitute
a violation or an offense for which property could
be forfeited under Federal law if the offense were
committed in the United States' after `United Nations Convention'.
SEC. 324. REPORT AND RECOMMENDATION.
Not later than 30 months after
the date of enactment of this Act, the Secretary, in consultation
with the Attorney General, the Federal banking agencies
(as defined at section 3 of the Federal Deposit Insurance
Act), the National Credit Union Administration Board, the Securities
and Exchange Commission, and such other agencies as the
Secretary may determine, at the discretion of the Secretary, shall
evaluate the operations of the provisions of this subtitle
and make recommendations to Congress as to any legislative
action with respect to this subtitle as the Secretary may
determine to be necessary or advisable.
SEC. 325. CONCENTRATION ACCOUNTS AT FINANCIAL
INSTITUTIONS.
Section 5318(h) of title 31, United
States Code, as amended by section 202 of this title, is amended
by adding at the end the following:
`(3) CONCENTRATION ACCOUNTS-
The Secretary may prescribe regulations under this
subsection that govern maintenance of concentration accounts
by financial institutions, in order to ensure that
such accounts are not used to prevent association of the identity
of an individual customer with the movement of funds
of which the customer is the direct or beneficial
owner, which regulations shall, at a minimum--
`(A) prohibit financial
institutions from allowing clients to direct transactions that
move their funds into, out of, or through
the concentration accounts of the financial
institution;
`(B) prohibit financial
institutions and their employees from informing customers
of the existence of, or the means of identifying,
the concentration accounts of the institution;
and
`(C) require each
financial institution to establish written procedures governing
the documentation of all transactions involving
a concentration account, which procedures
shall ensure that, any time a transaction involving a concentration
account commingles funds belonging to 1 or
more customers, the identity of, and specific
amount belonging to, each customer is documented.'.
SEC. 326. VERIFICATION OF IDENTIFICATION.
(a) IN GENERAL- Section 5318 of
title 31, United States Code, as amended by this title, is amended
by adding at the end the following:
`(l) IDENTIFICATION AND VERIFICATION
OF ACCOUNTHOLDERS-
`(1) IN GENERAL- Subject
to the requirements of this subsection, the Secretary of the
Treasury shall prescribe regulations setting forth
the minimum standards for financial institutions
and their customers regarding the identity of the customer that
shall apply in connection with the opening of an
account at a financial institution.
`(2) MINIMUM REQUIREMENTS-
The regulations shall, at a minimum, require financial
institutions to implement, and customers (after being given
adequate notice) to comply with, reasonable procedures
for--
`(A) verifying the
identity of any person seeking to open an account to the
extent reasonable and practicable;
`(B) maintaining records
of the information used to verify a person's identity,
including name, address, and other identifying information;
and
`(C) consulting lists
of known or suspected terrorists or terrorist organizations
provided to the financial institution by any
government agency to determine whether a person
seeking to open an account appears on any such list.
`(3) FACTORS TO BE CONSIDERED-
In prescribing regulations under this subsection, the
Secretary shall take into consideration the various types
of accounts maintained by various types of financial
institutions, the various methods of opening accounts, and the
various types of identifying information available.
`(4) CERTAIN FINANCIAL INSTITUTIONS-
In the case of any financial institution the business
of which is engaging in financial activities described in
section 4(k) of the Bank Holding Company Act of
1956 (including financial activities subject to the jurisdiction
of the Commodity Futures Trading Commission), the
regulations prescribed by the Secretary under paragraph
(1) shall be prescribed jointly with each Federal functional
regulator (as defined in section 509 of the Gramm-Leach-Bliley
Act, including the Commodity Futures Trading Commission)
appropriate for such financial institution.
`(5) EXEMPTIONS- The Secretary
(and, in the case of any financial institution described in
paragraph (4), any Federal agency described in such
paragraph) may, by regulation or order, exempt any
financial institution or type of account from the requirements
of any regulation prescribed under this subsection
in accordance with such standards and procedures as the
Secretary may prescribe.
`(6) EFFECTIVE DATE- Final
regulations prescribed under this subsection shall take effect
before the end of the 1-year period beginning on
the date of enactment of the International Money
Laundering Abatement and Financial Anti-Terrorism Act of 2001.'.
(b) STUDY AND REPORT REQUIRED-
Within 6 months after the date of enactment of this Act, the Secretary,
in consultation with the Federal functional regulators
(as defined in section 509 of the Gramm-Leach-Bliley Act)
and other appropriate Government agencies, shall submit a report
to the Congress containing recommendations for--
(1) determining the most
timely and effective way to require foreign nationals to provide
domestic financial institutions and agencies with
appropriate and accurate information, comparable
to that which is required of United States nationals, concerning
the identity, address, and other related information
about such foreign nationals necessary to enable
such institutions and agencies to comply with the requirements
of this section;
(2) requiring foreign nationals
to apply for and obtain, before opening an account with a
domestic financial institution, an identification number
which would function similarly to a Social Security
number or tax identification number; and
(3) establishing a system
for domestic financial institutions and agencies to review
information maintained by relevant Government agencies
for purposes of verifying the identities of foreign
nationals seeking to open accounts at those institutions and agencies.
SEC. 327. CONSIDERATION OF ANTI-MONEY
LAUNDERING RECORD.
(a) BANK HOLDING COMPANY ACT OF
1956-
(1) IN GENERAL- Section
3(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(c))
is amended by adding at the end the following new
paragraph:
`(6) MONEY LAUNDERING- In
every case, the Board shall take into consideration the
effectiveness of the company or companies in combatting
money laundering activities, including in overseas
branches.'.
(2) SCOPE OF APPLICATION- The amendment
made by paragraph (1) shall apply with respect to any application
submitted to the Board of Governors of the Federal Reserve System
under section 3 of the Bank Holding Company Act of 1956
after December 31, 2001, which has not been approved by the Board
before the date of enactment of this Act.
(b) MERGERS SUBJECT TO REVIEW UNDER
FEDERAL DEPOSIT INSURANCE ACT-
(1) IN GENERAL- Section
18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1828(c))
is amended--
(A) by redesignating
paragraph (11) as paragraph (12); and
(B) by inserting after
paragraph (10), the following new paragraph:
`(11) MONEY LAUNDERING-
In every case, the responsible agency, shall take into
consideration the effectiveness of any insured depository
institution involved in the proposed merger transaction
in combatting money laundering activities, including in overseas
branches.'.
(2) SCOPE OF APPLICATION-
The amendment made by paragraph (1) shall apply with respect
to any application submitted to the responsible agency
under section 18(c) of the Federal Deposit Insurance
Act after December 31, 2001, which has not been approved by all
appropriate responsible agencies before the date
of enactment of this Act.
SEC. 328. INTERNATIONAL COOPERATION ON
IDENTIFICATION OF ORIGINATORS OF WIRE TRANSFERS.
The Secretary shall--
(1) in consultation with
the Attorney General and the Secretary of State, take all reasonable
steps to encourage foreign governments to require
the inclusion of the name of the originator in wire
transfer instructions sent to the United States and other countries,
with the information to remain with the transfer
from its origination until the point of disbursement;
and
(2) report annually to the
Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban
Affairs of the Senate on--
(A) progress toward
the goal enumerated in paragraph (1), as well as
impediments to implementation and an estimated compliance
rate; and
(B) impediments to
instituting a regime in which all appropriate identification,
as defined by the Secretary, about wire transfer
recipients shall be included with wire transfers
from their point of origination until disbursement.
SEC. 329. CRIMINAL PENALTIES.
Any person who is an official or
employee of any department, agency, bureau, office, commission,
or other entity of the Federal Government, and any other
person who is acting for or on behalf of any such entity,
who, directly or indirectly, in connection with the administration
of this title, corruptly demands, seeks, receives, accepts,
or agrees to receive or accept anything of value personally or
for any other person or entity in return for--
(1) being influenced in
the performance of any official act;
(2) being influenced to
commit or aid in the committing, or to collude in, or allow, any
fraud, or make opportunity for the commission of
any fraud, on the United States; or
(3) being induced to do
or omit to do any act in violation of the official duty of such
official or person,
shall be fined in an amount not
more than 3 times the monetary equivalent of the thing of value,
or imprisoned for not more than 15 years, or both. A violation
of this section shall be subject to chapter 227 of title
18, United States Code, and the provisions of the United States
Sentencing Guidelines.
SEC. 330. INTERNATIONAL COOPERATION IN
INVESTIGATIONS OF MONEY LAUNDERING, FINANCIAL CRIMES, AND THE
FINANCES OF TERRORIST GROUPS.
(a) NEGOTIATIONS- It is the sense
of the Congress that the President should direct the Secretary
of State, the Attorney General, or the Secretary of the
Treasury, as appropriate, and in consultation with the Board
of Governors of the Federal Reserve System, to seek to enter
into negotiations with the appropriate financial supervisory
agencies and other officials of any foreign country the financial
institutions of which do business with United States financial
institutions or which may be utilized by any foreign terrorist
organization (as designated under section 219 of the Immigration
and Nationality Act), any person who is a member or representative
of any such organization, or any person engaged in money laundering
or financial or other crimes.
(b) PURPOSES OF NEGOTIATIONS- It
is the sense of the Congress that, in carrying out any negotiations
described in paragraph (1), the President should direct
the Secretary of State, the Attorney General, or the Secretary
of the Treasury, as appropriate, to seek to enter into and further
cooperative efforts, voluntary information exchanges, the
use of letters rogatory, mutual legal assistance treaties, and
international agreements to--
(1) ensure that foreign
banks and other financial institutions maintain adequate records
of transaction and account information relating
to any foreign terrorist organization (as designated
under section 219 of the Immigration and Nationality Act), any
person who is a member or representative of any
such organization, or any person engaged in money
laundering or financial or other crimes; and
(2) establish a mechanism
whereby such records may be made available to United States law
enforcement officials and domestic financial institution
supervisors, when appropriate.
Subtitle B--Bank
Secrecy Act Amendments and Related Improvements
SEC. 351. AMENDMENTS RELATING TO REPORTING
OF SUSPICIOUS ACTIVITIES.
(a) AMENDMENT RELATING TO CIVIL
LIABILITY IMMUNITY FOR DISCLOSURES- Section 5318(g)(3) of title
31, United States Code, is amended to read as follows:
`(3) LIABILITY FOR DISCLOSURES-
`(A) IN GENERAL- Any
financial institution that makes a voluntary disclosure of
any possible violation of law or regulation to
a government agency or makes a disclosure
pursuant to this subsection or any other authority, and any director,
officer, employee, or agent of such institution
who makes, or requires another to make any
such disclosure, shall not be liable to any person under any law
or regulation of the United States, any constitution,
law, or regulation of any State or political
subdivision of any State, or under any contract or other legally
enforceable agreement (including any arbitration
agreement), for such disclosure or for any
failure to provide notice of such disclosure to the person who
is the subject of such disclosure or any other
person identified in the disclosure.
`(B) RULE OF CONSTRUCTION-
Subparagraph (A) shall not be construed as
creating--
`(i) any inference
that the term `person', as used in such
subparagraph, may be construed more broadly than its ordinary
usage so as to include any government
or agency of government; or
`(ii) any immunity
against, or otherwise affecting, any civil or criminal
action brought by any government or agency
of government to enforce any constitution,
law, or regulation of such government or
agency.'.
(b) PROHIBITION ON NOTIFICATION
OF DISCLOSURES- Section 5318(g)(2) of title 31, United States
Code, is amended to read as follows:
`(2) NOTIFICATION PROHIBITED-
`(A) IN GENERAL- If
a financial institution or any director, officer, employee, or
agent of any financial institution, voluntarily
or pursuant to this section or any other authority,
reports a suspicious transaction to a government agency--
`(i) the financial
institution, director, officer, employee, or agent may
not notify any person involved in the transaction
that the transaction has been reported;
and
`(ii) no officer
or employee of the Federal Government or of any
State, local, tribal, or territorial government within
the United States, who has any knowledge
that such report was made may disclose
to any person involved in the transaction that the
transaction has been reported, other than as necessary
to fulfill the official duties of such
officer or employee.
`(B) DISCLOSURES IN
CERTAIN EMPLOYMENT REFERENCES-
`(i) RULE OF
CONSTRUCTION- Notwithstanding the application of
subparagraph (A) in any other context, subparagraph
(A) shall not be construed as prohibiting
any financial institution, or any director,
officer, employee, or agent of such institution, from
including information that was included
in a report to which subparagraph (A)
applies--
`(I) in a written employment reference
that is provided in accordance with section 18(w) of the Federal
Deposit Insurance Act in response to a request from another
financial institution; or
`(II) in a written termination notice
or employment reference that is provided in accordance with
the rules of a self-regulatory organization registered with
the Securities and Exchange Commission or the Commodity Futures
Trading Commission,
except that
such written reference or notice may not disclose that
such information was also included in any
such report, or that such report was
made.
`(ii) INFORMATION
NOT REQUIRED- Clause (i) shall not be construed,
by itself, to create any affirmative duty to include
any information described in clause
(i) in any employment reference or termination
notice referred to in clause (i).'.
SEC. 352. ANTI-MONEY LAUNDERING PROGRAMS.
(a) IN GENERAL- Section 5318(h)
of title 31, United States Code, is amended to read as follows:
`(h) ANTI-MONEY LAUNDERING PROGRAMS-
`(1) IN GENERAL- In order
to guard against money laundering through financial institutions,
each financial institution shall establish anti-money
laundering programs, including, at a minimum--
`(A) the development
of internal policies, procedures, and controls;
`(B) the designation
of a compliance officer;
`(C) an ongoing employee
training program; and
`(D) an independent
audit function to test programs.
`(2) REGULATIONS- The Secretary
of the Treasury, after consultation with the appropriate
Federal functional regulator (as defined in section 509
of the Gramm-Leach-Bliley Act), may prescribe minimum
standards for programs established under paragraph (1), and may
exempt from the application of those standards any
financial institution that is not subject to the
provisions of the rules contained in part 103 of title 31, of
the Code of Federal Regulations, or any successor
rule thereto, for so long as such financial institution is not
subject to the provisions of such rules.'.
(b) EFFECTIVE DATE- The amendment
made by subsection (a) shall take effect at the end of the 180-day
period beginning on the date of enactment of this Act.
(c) DATE OF APPLICATION OF REGULATIONS;
FACTORS TO BE TAKEN INTO ACCOUNT- Before the end of the
180-day period beginning on the date of enactment of this Act,
the Secretary shall prescribe regulations that consider
the extent to which the requirements imposed under this section
are commensurate with the size, location, and activities
of the financial institutions to which such regulations apply.
SEC. 353. PENALTIES FOR VIOLATIONS OF
GEOGRAPHIC TARGETING ORDERS AND CERTAIN RECORDKEEPING REQUIREMENTS,
AND LENGTHENING EFFECTIVE PERIOD OF GEOGRAPHIC TARGETING ORDERS.
(a) CIVIL PENALTY FOR VIOLATION
OF TARGETING ORDER- Section 5321(a)(1) of title 31, United States
Code, is amended--
(1) by inserting `or order
issued' after `subchapter or a regulation prescribed'; and
(2) by inserting `, or willfully
violating a regulation prescribed under section 21 of the Federal
Deposit Insurance Act or section 123 of Public Law
91-508,' after `sections 5314 and 5315)'.
(b) CRIMINAL PENALTIES FOR VIOLATION
OF TARGETING ORDER- Section 5322 of title 31, United States
Code, is amended--
(1) in subsection (a)--
(A) by inserting `or
order issued' after `willfully violating this subchapter or a
regulation prescribed'; and
(B) by inserting `,
or willfully violating a regulation prescribed under section 21
of the Federal Deposit Insurance Act or section
123 of Public Law 91-508,' after `under section
5315 or 5324)'; and
(2) in subsection (b)--
(A) by inserting `or
order issued' after `willfully violating this subchapter or a
regulation prescribed'; and
(B) by inserting `or
willfully violating a regulation prescribed under section 21 of
the Federal Deposit Insurance Act or section
123 of Public Law 91-508,' after `under section
5315 or 5324),'.
(c) STRUCTURING TRANSACTIONS TO
EVADE TARGETING ORDER OR CERTAIN RECORDKEEPING REQUIREMENTS-
Section 5324(a) of title 31, United States Code, is amended--
(1) by inserting a comma
after `shall';
(2) by striking `section--'
and inserting `section, the reporting or recordkeeping requirements
imposed by any order issued under section 5326,
or the recordkeeping requirements imposed by any
regulation prescribed under section 21 of the Federal Deposit
Insurance Act or section 123 of Public Law 91-508--';
(3) in paragraph (1), by
inserting `, to file a report or to maintain a record required
by an order issued under section 5326, or to maintain
a record required pursuant to any regulation prescribed
under section 21 of the Federal Deposit Insurance Act or section
123 of Public Law 91-508' after `regulation prescribed
under any such section'; and
(4) in paragraph (2), by
inserting `, to file a report or to maintain a record required
by any order issued under section 5326, or to maintain
a record required pursuant to any regulation prescribed
under section 5326, or to maintain a record required pursuant
to any regulation prescribed under section 21 of
the Federal Deposit Insurance Act or section 123 of Public Law
91-508,' after `regulation prescribed under any
such section'.
(d) LENGTHENING EFFECTIVE PERIOD
OF GEOGRAPHIC TARGETING ORDERS- Section 5326(d) of title 31,
United States Code, is amended by striking `more than 60'
and inserting `more than 180'.
SEC. 354. ANTI-MONEY LAUNDERING STRATEGY.
Section 5341(b) of title 31, United
States Code, is amended by adding at the end the following:
`(12) DATA REGARDING FUNDING
OF TERRORISM- Data concerning money laundering efforts
related to the funding of acts of international terrorism,
and efforts directed at the prevention, detection,
and prosecution of such funding.'.
SEC. 355. AUTHORIZATION TO INCLUDE SUSPICIONS
OF ILLEGAL ACTIVITY IN WRITTEN EMPLOYMENT REFERENCES.
Section 18 of the Federal Deposit
Insurance Act (12 U.S.C. 1828) is amended by adding at the end
the following:
`(w) WRITTEN EMPLOYMENT REFERENCES
MAY CONTAIN SUSPICIONS OF INVOLVEMENT IN ILLEGAL ACTIVITY-
`(1) AUTHORITY TO DISCLOSE
INFORMATION- Notwithstanding any other provision of law, any
insured depository institution, and any director,
officer, employee, or agent of such institution,
may disclose in any written employment reference relating to
a current or former institution-affiliated party
of such institution which is provided to another insured depository
institution in response to a request from such other
institution, information concerning the possible
involvement of such institution-affiliated party in potentially
unlawful activity.
`(2) INFORMATION NOT REQUIRED-
Nothing in paragraph (1) shall be construed, by itself, to
create any affirmative duty to include any information
described in paragraph (1) in any employment reference
referred to in paragraph (1).
`(3) MALICIOUS INTENT- Notwithstanding
any other provision of this subsection, voluntary
disclosure made by an insured depository institution, and any
director, officer, employee, or agent of such institution
under this subsection concerning potentially unlawful activity
that is made with malicious intent, shall not be
shielded from liability from the person identified in the
disclosure.
`(4) DEFINITION- For purposes
of this subsection, the term `insured depository institution'
includes any uninsured branch or agency of a foreign
bank.'.
SEC. 356. REPORTING OF SUSPICIOUS ACTIVITIES
BY SECURITIES BROKERS AND DEALERS; INVESTMENT COMPANY STUDY.
(a) DEADLINE FOR SUSPICIOUS ACTIVITY
REPORTING REQUIREMENTS FOR REGISTERED BROKERS AND DEALERS-
The Secretary, after consultation with the Securities and Exchange
Commission and the Board of Governors of the Federal Reserve
System, shall publish proposed regulations in the Federal Register
before January 1, 2002, requiring brokers and dealers registered
with the Securities and Exchange Commission under the Securities
Exchange Act of 1934 to submit suspicious activity reports under
section 5318(g) of title 31, United States Code. Such regulations
shall be published in final form not later than July 1,
2002.
(b) SUSPICIOUS ACTIVITY REPORTING
REQUIREMENTS FOR FUTURES COMMISSION MERCHANTS, COMMODITY
TRADING ADVISORS, AND COMMODITY POOL OPERATORS- The Secretary,
in consultation with the Commodity Futures Trading Commission,
may prescribe regulations requiring futures commission
merchants, commodity trading advisors, and commodity pool operators
registered under the Commodity Exchange Act to submit suspicious
activity reports under section 5318(g) of title 31, United States
Code.
(c) REPORT ON INVESTMENT COMPANIES-
(1) IN GENERAL- Not later
than 1 year after the date of enactment of this Act, the Secretary,
the Board of Governors of the Federal Reserve System,
and the Securities and Exchange Commission shall
jointly submit a report to the Congress on recommendations for
effective regulations to apply the requirements
of subchapter II of chapter 53 of title 31, United States
Code, to investment companies pursuant to section 5312(a)(2)(I)
of title 31, United States Code.
(2) DEFINITION- For purposes
of this subsection, the term `investment company'--
(A) has the same meaning
as in section 3 of the Investment Company Act of
1940 (15 U.S.C. 80a-3); and
(B) includes any person
that, but for the exceptions provided for in paragraph (1)
or (7) of section 3(c) of the Investment Company
Act of 1940 (15 U.S.C. 80a-3(c)), would be
an investment company.
(3) ADDITIONAL RECOMMENDATIONS-
The report required by paragraph (1) may make different
recommendations for different types of entities covered by this
subsection.
(4) BENEFICIAL OWNERSHIP
OF PERSONAL HOLDING COMPANIES- The report described in
paragraph (1) shall also include recommendations as to
whether the Secretary should promulgate regulations
to treat any corporation or business or other grantor trust whose
assets are predominantly securities, bank certificates
of deposit, or other securities or investment instruments
(other than such as relate to operating subsidiaries of such
corporation or trust) and that has 5 or fewer common
shareholders or holders of beneficial or other equity
interest, as a financial institution within the meaning of that
phrase in section 5312(a)(2)(I) and whether to require
such corporations or trusts to disclose their beneficial
owners when opening accounts or initiating funds transfers
at any domestic financial institution.
SEC. 357. SPECIAL REPORT ON ADMINISTRATION
OF BANK SECRECY PROVISIONS.
(a) REPORT REQUIRED- Not later
than 6 months after the date of enactment of this Act, the Secretary
shall submit a report to the Congress relating to the role
of the Internal Revenue Service in the administration of
subchapter II of chapter 53 of title 31, United States Code (commonly
known as the `Bank Secrecy Act').
(b) CONTENTS- The report required
by subsection (a)--
(1) shall specifically address,
and contain recommendations concerning--
(A) whether it is
advisable to shift the processing of information reporting to
the Department of the Treasury under the Bank
Secrecy Act provisions to facilities other
than those managed by the Internal Revenue Service; and
(B) whether it remains
reasonable and efficient, in light of the objective of both
anti-money-laundering programs and Federal tax
administration, for the Internal Revenue Service
to retain authority and responsibility for audit and examination
of the compliance of money services businesses
and gaming institutions with those Bank Secrecy
Act provisions; and
(2) shall, if the Secretary
determines that the information processing responsibility or the
audit and examination responsibility of the Internal
Revenue Service, or both, with respect to those
Bank Secrecy Act provisions should be transferred to other agencies,
include the specific recommendations of the Secretary
regarding the agency or agencies to which any such
function should be transferred, complete with a budgetary and
resources plan for expeditiously accomplishing the
transfer.
SEC. 358. BANK SECRECY PROVISIONS AND
ACTIVITIES OF UNITED STATES INTELLIGENCE AGENCIES TO FIGHT INTERNATIONAL
TERRORISM.
(a) AMENDMENT RELATING TO THE PURPOSES
OF CHAPTER 53 OF TITLE 31, UNITED STATES CODE- Section
5311 of title 31, United States Code, is amended by inserting
before the period at the end the following: `, or in the
conduct of intelligence or counterintelligence activities, including
analysis, to protect against international terrorism'.
(b) AMENDMENT RELATING TO REPORTING
OF SUSPICIOUS ACTIVITIES- Section 5318(g)(4)(B) of title 31,
United States Code, is amended by striking `or supervisory
agency' and inserting `, supervisory agency, or United
States intelligence agency for use in the conduct of intelligence
or counterintelligence activities, including analysis,
to protect against international terrorism'.
(c) AMENDMENT RELATING TO AVAILABILITY
OF REPORTS- Section 5319 of title 31, United States Code, is
amended to read as follows:
`Sec. 5319. Availability of reports
`The Secretary of the Treasury
shall make information in a report filed under this subchapter
available to an agency, including any State financial institutions
supervisory agency, United States intelligence agency or
self-regulatory organization registered with the Securities and
Exchange Commission or the Commodity Futures Trading Commission,
upon request of the head of the agency or organization. The report
shall be available for a purpose that is consistent with
this subchapter. The Secretary may only require reports on
the use of such information by any State financial institutions
supervisory agency for other than supervisory purposes
or by United States intelligence agencies. However, a report and
records of reports are exempt from disclosure under section
552 of title 5.'.
(d) AMENDMENT RELATING TO THE PURPOSES
OF THE BANK SECRECY ACT PROVISIONS- Section 21(a) of the
Federal Deposit Insurance Act (12 U.S.C. 1829b(a)) is amended
to read as follows:
`(a) CONGRESSIONAL FINDINGS AND
DECLARATION OF PURPOSE-
`(1) FINDINGS- Congress
finds that--
`(A) adequate records
maintained by insured depository institutions have a high
degree of usefulness in criminal, tax, and regulatory
investigations or proceedings, and that, given
the threat posed to the security of the Nation on
and after the terrorist attacks against the United States
on September 11, 2001, such records may also
have a high degree of usefulness in the conduct of
intelligence or counterintelligence activities, including
analysis, to protect against domestic and
international terrorism; and
`(B) microfilm or
other reproductions and other records made by insured
depository institutions of checks, as well as records
kept by such institutions, of the identity
of persons maintaining or authorized to act with respect to accounts
therein, have been of particular value in
proceedings described in subparagraph (A).
`(2) PURPOSE- It is the
purpose of this section to require the maintenance of appropriate
types of records by insured depository institutions
in the United States where such records have a high
degree of usefulness in criminal, tax, or regulatory investigations
or proceedings, recognizes that, given the threat
posed to the security of the Nation on and after the
terrorist attacks against the United States on September
11, 2001, such records may also have a high degree
of usefulness in the conduct of intelligence or counterintelligence
activities, including analysis, to protect against
international terrorism.'.
(e) AMENDMENT RELATING TO THE PURPOSES
OF THE BANK SECRECY ACT- Section 123(a) of Public Law 91-508
(12 U.S.C. 1953(a)) is amended to read as follows:
`(a) REGULATIONS- If the Secretary
determines that the maintenance of appropriate records and
procedures by any uninsured bank or uninsured institution,
or any person engaging in the business of carrying on in
the United States any of the functions referred to in subsection
(b), has a high degree of usefulness in criminal, tax,
or regulatory investigations or proceedings, and that, given the
threat posed to the security of the Nation on and after
the terrorist attacks against the United States on September 11,
2001, such records may also have a high degree of usefulness
in the conduct of intelligence or counterintelligence activities,
including analysis, to protect against international terrorism,
he may by regulation require such bank, institution, or
person.'.
(f) AMENDMENTS TO THE RIGHT TO
FINANCIAL PRIVACY ACT- The Right to Financial Privacy Act of 1978
is amended--
(1) in section 1112(a) (12
U.S.C. 3412(a)), by inserting `, or intelligence or counterintelligence
activity, investigation or analysis related to international
terrorism' after `legitimate law enforcement inquiry';
(2) in section 1114(a)(1)
(12 U.S.C. 3414(a)(1))--
(A) in subparagraph
(A), by striking `or' at the end;
(B) in subparagraph
(B), by striking the period at the end and inserting `; or';
and
(C) by adding at the
end the following:
`(C) a Government
authority authorized to conduct investigations of, or
intelligence or counterintelligence analyses related
to, international terrorism for the purpose
of conducting such investigations or analyses.'; and
(3) in section 1120(a)(2)
(12 U.S.C. 3420(a)(2)), by inserting `, or for a purpose authorized
by section 1112(a)' before the semicolon at the
end.
(g) AMENDMENT TO THE FAIR CREDIT
REPORTING ACT-
(1) IN GENERAL- The Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--
(A) by redesignating
the second of the 2 sections designated as section 624 (15
U.S.C. 1681u) (relating to disclosure to FBI
for counterintelligence purposes) as section
625; and
(B) by adding at the
end the following new section:
`Sec. 626. Disclosures to governmental
agencies for counterterrorism purposes
`(a) DISCLOSURE- Notwithstanding
section 604 or any other provision of this title, a consumer reporting
agency shall furnish a consumer report of a consumer and
all other information in a consumer's file to a government
agency authorized to conduct investigations of, or intelligence
or counterintelligence activities or analysis related to,
international terrorism when presented with a written certification
by such government agency that such information is necessary
for the agency's conduct or such investigation, activity
or analysis.
`(b) FORM OF CERTIFICATION- The
certification described in subsection (a) shall be signed by a
supervisory official designated by the head of a Federal
agency or an officer of a Federal agency whose appointment
to office is required to be made by the President, by and with
the advice and consent of the Senate.
`(c) CONFIDENTIALITY- No consumer
reporting agency, or officer, employee, or agent of such consumer
reporting agency, shall disclose to any person, or specify
in any consumer report, that a government agency has sought
or obtained access to information under subsection (a).
`(d) RULE OF CONSTRUCTION- Nothing
in section 625 shall be construed to limit the authority of the
Director of the Federal Bureau of Investigation under this
section.
`(e) SAFE HARBOR- Notwithstanding
any other provision of this title, any consumer reporting agency
or agent or employee thereof making disclosure of consumer
reports or other information pursuant to this section in
good-faith reliance upon a certification of a governmental agency
pursuant to the provisions of this section shall not be
liable to any person for such disclosure under this subchapter,
the constitution of any State, or any law or regulation
of any State or any political subdivision of any State.'.
(2) CLERICAL AMENDMENTS-
The table of sections for the Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended--
(A) by redesignating
the second of the 2 items designated as section 624 as
section 625; and
(B) by inserting after
the item relating to section 625 (as so redesignated) the
following new item:
`626. Disclosures to governmental
agencies for counterterrorism purposes.'.
(h) APPLICATION OF AMENDMENTS-
The amendments made by this section shall apply with respect to
reports filed or records maintained on, before, or after
the date of enactment of this Act.
SEC. 359. REPORTING OF SUSPICIOUS ACTIVITIES
BY UNDERGROUND BANKING SYSTEMS.
(a) DEFINITION FOR SUBCHAPTER-
Section 5312(a)(2)(R) of title 31, United States Code, is amended
to read as follows:
`(R) a licensed sender
of money or any other person who engages as a
business in the transmission of funds, including any person
who engages as a business in an informal money
transfer system or any network of people who
engage as a business in facilitating the transfer of money
domestically or internationally outside of
the conventional financial institutions system;'.
(b) MONEY TRANSMITTING BUSINESS-
Section 5330(d)(1)(A) of title 31, United States Code, is amended
by inserting before the semicolon the following: `or any
other person who engages as a business in the transmission
of funds, including any person who engages as a business in an
informal money transfer system or any network of people
who engage as a business in facilitating the transfer of money
domestically or internationally outside of the conventional
financial institutions system;'.
(c) APPLICABILITY OF RULES- Section
5318 of title 31, United States Code, as amended by this title,
is amended by adding at the end the following:
`(l) APPLICABILITY OF RULES- Any
rules promulgated pursuant to the authority contained in section
21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b)
shall apply, in addition to any other financial institution
to which such rules apply, to any person that engages as a business
in the transmission of funds, including any person who
engages as a business in an informal money transfer system or
any network of people who engage as a business in facilitating
the transfer of money domestically or internationally outside
of the conventional financial institutions system.'.
(d) REPORT- Not later than 1 year
after the date of enactment of this Act, the Secretary of the
Treasury shall report to Congress on the need for any additional
legislation relating to persons who engage as a business
in an informal money transfer system or any network of people
who engage as a business in facilitating the transfer of
money domestically or internationally outside of the conventional
financial institutions system, counter money laundering
and regulatory controls relating to underground money movement
and banking systems, including whether the threshold for the filing
of suspicious activity reports under section 5318(g) of
title 31, United States Code should be lowered in the case of
such systems.
SEC. 360. USE OF AUTHORITY OF UNITED STATES
EXECUTIVE DIRECTORS.
(a) ACTION BY THE PRESIDENT- If
the President determines that a particular foreign country has
taken or has committed to take actions that contribute
to efforts of the United States to respond to, deter, or
prevent acts of international terrorism, the Secretary may,
consistent with other applicable provisions of law, instruct
the United States Executive Director of each international financial
institution to use the voice and vote of the Executive
Director to support any loan or other utilization of the funds
of respective institutions for such country, or any public
or private entity within such country.
(b) USE OF VOICE AND VOTE- The
Secretary may instruct the United States Executive Director of
each international financial institution to aggressively
use the voice and vote of the Executive Director to require
an auditing of disbursements at such institutions to ensure that
no funds are paid to persons who commit, threaten to commit,
or support terrorism.
(c) DEFINITION- For purposes of
this section, the term `international financial institution' means
an institution described in section 1701(c)(2) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(2)).
SEC. 361. FINANCIAL CRIMES ENFORCEMENT
NETWORK.
(a) IN GENERAL- Subchapter I of
chapter 3 of title 31, United States Code, is amended--
(1) by redesignating section
310 as section 311; and
(2) by inserting after section
309 the following new section:
`Sec. 310. Financial Crimes Enforcement
Network
`(a) IN GENERAL- The Financial
Crimes Enforcement Network established by order of the Secretary
of the Treasury (Treasury Order Numbered 105-08, in this
section referred to as `FinCEN') on April 25, 1990, shall
be a bureau in the Department of the Treasury.
`(b) DIRECTOR-
`(1) APPOINTMENT- The head
of FinCEN shall be the Director, who shall be appointed by the
Secretary of the Treasury.
`(2) DUTIES AND POWERS-
The duties and powers of the Director are as follows:
`(A) Advise and make
recommendations on matters relating to financial
intelligence, financial criminal activities, and other
financial activities to the Under Secretary
of the Treasury for Enforcement.
`(B) Maintain a government-wide
data access service, with access, in accordance
with applicable legal requirements, to the following:
`(i) Information
collected by the Department of the Treasury,
including report information filed under subchapter
II of chapter 53 of this title (such
as reports on cash transactions, foreign financial
agency transactions and relationships, foreign
currency transactions, exporting and
importing monetary instruments, and
suspicious activities), chapter 2 of title I of Public Law 91-508,
and section 21 of the Federal Deposit
Insurance Act.
`(ii) Information
regarding national and international currency flows.
`(iii) Other
records and data maintained by other Federal, State,
local, and foreign agencies, including financial
and other records developed in specific
cases.
`(iv) Other
privately and publicly available information.
`(C) Analyze and disseminate
the available data in accordance with applicable
legal requirements and policies and guidelines established
by the Secretary of the Treasury and the Under
Secretary of the Treasury for Enforcement to--
`(i) identify
possible criminal activity to appropriate Federal, State,
local, and foreign law enforcement agencies;
`(ii) support
ongoing criminal financial investigations and
prosecutions and related proceedings, including civil
and criminal tax and forfeiture proceedings;
`(iii) identify
possible instances of noncompliance with subchapter II
of chapter 53 of this title, chapter 2 of
title I of Public Law 91-508, and section
21 of the Federal Deposit Insurance Act to Federal
agencies with statutory responsibility for enforcing
compliance with such provisions and
other appropriate Federal regulatory agencies;
`(iv) evaluate
and recommend possible uses of special currency
reporting requirements under section 5326;
`(v) determine
emerging trends and methods in money laundering
and other financial crimes;
`(vi) support
the conduct of intelligence or counterintelligence
activities, including analysis, to protect against
international terrorism; and
`(vii) support
government initiatives against money laundering.
`(D) Establish and
maintain a financial crimes communications center to furnish
law enforcement authorities with intelligence
information related to emerging or ongoing
investigations and undercover operations.
`(E) Furnish research,
analytical, and informational services to financial
institutions, appropriate Federal regulatory agencies
with regard to financial institutions, and
appropriate Federal, State, local, and foreign law enforcement
authorities, in accordance with policies and
guidelines established by the Secretary of
the Treasury or the Under Secretary of the Treasury for
Enforcement, in the interest of detection, prevention,
and prosecution of terrorism, organized crime,
money laundering, and other financial crimes.
`(F) Assist Federal,
State, local, and foreign law enforcement and regulatory
authorities in combatting the use of informal,
nonbank networks and payment and barter system
mechanisms that permit the transfer of funds or the
equivalent of funds without records and without compliance
with criminal and tax laws.
`(G) Provide computer
and data support and data analysis to the Secretary of
the Treasury for tracking and controlling foreign
assets.
`(H) Coordinate with
financial intelligence units in other countries on
anti-terrorism and anti-money laundering initiatives,
and similar efforts.
`(I) Administer the
requirements of subchapter II of chapter 53 of this title,
chapter 2 of title I of Public Law 91-508, and
section 21 of the Federal Deposit Insurance
Act, to the extent delegated such authority by the Secretary of
the Treasury.
`(J) Such other duties
and powers as the Secretary of the Treasury may
delegate or prescribe.
`(c) REQUIREMENTS RELATING TO MAINTENANCE
AND USE OF DATA BANKS- The Secretary of the Treasury shall
establish and maintain operating procedures with respect to the
government-wide data access service and the financial crimes
communications center maintained by FinCEN which provide--
`(1) for the coordinated
and efficient transmittal of information to, entry of information
into, and withdrawal of information from, the data
maintenance system maintained by the Network, including--
`(A) the submission
of reports through the Internet or other secure network,
whenever possible;
`(B) the cataloguing
of information in a manner that facilitates rapid retrieval by
law enforcement personnel of meaningful data;
and
`(C) a procedure that
provides for a prompt initial review of suspicious activity
reports and other reports, or such other means
as the Secretary may provide, to identify
information that warrants immediate action; and
`(2) in accordance with
section 552a of title 5 and the Right to Financial Privacy Act
of 1978, appropriate standards and guidelines for
determining--
`(A) who is to be
given access to the information maintained by the Network;
`(B) what limits are
to be imposed on the use of such information; and
`(C) how information
about activities or relationships which involve or are closely
associated with the exercise of constitutional
rights is to be screened out of the data maintenance
system.
`(d) AUTHORIZATION OF APPROPRIATIONS-
There are authorized to be appropriated for FinCEN such sums
as may be necessary for fiscal years 2002, 2003, 2004, and
2005.'.
(b) COMPLIANCE WITH REPORTING REQUIREMENTS-
The Secretary of the Treasury shall study methods for improving
compliance with the reporting requirements established in section
5314 of title 31, United States Code, and shall submit
a report on such study to the Congress by the end of the 6-month
period beginning on the date of enactment of this Act and
each 1-year period thereafter. The initial report shall
include historical data on compliance with such reporting requirements.
(c) CLERICAL AMENDMENT- The table
of sections for subchapter I of chapter 3 of title 31, United
States Code, is amended--
(1) by redesignating the
item relating to section 310 as section 311; and
(2) by inserting after the
item relating to section 309 the following new item:
`310. Financial Crimes Enforcement
Network.'.
SEC. 362. ESTABLISHMENT OF HIGHLY SECURE
NETWORK.
(a) IN GENERAL- The Secretary shall
establish a highly secure network in the Financial Crimes Enforcement
Network that--
(1) allows financial institutions
to file reports required under subchapter II or III of chapter
53 of title 31, United States Code, chapter 2 of
Public Law 91-508, or section 21 of the Federal
Deposit Insurance Act through the secure network; and
(2) provides financial institutions
with alerts and other information regarding suspicious
activities that warrant immediate and enhanced scrutiny.
(b) EXPEDITED DEVELOPMENT- The
Secretary shall take such action as may be necessary to ensure
that the secure network required under subsection (a) is
fully operational before the end of the 9-month period
beginning on the date of enactment of this Act.
SEC. 363. INCREASE IN CIVIL AND CRIMINAL
PENALTIES FOR MONEY LAUNDERING.
(a) CIVIL PENALTIES- Section 5321(a)
of title 31, United States Code, is amended by adding at the end
the following:
`(7) PENALTIES FOR INTERNATIONAL
COUNTER MONEY LAUNDERING VIOLATIONS- The Secretary
may impose a civil money penalty in an amount equal to not less
than 2 times the amount of the transaction, but
not more than $1,000,000, on any financial institution or
agency that violates any provision of subsection (i)
or (j) of section 5318 or any special measures imposed
under section 5318A.'.
(b) CRIMINAL PENALTIES- Section
5322 of title 31, United States Code, is amended by adding at
the end the following:
`(d) A financial institution or
agency that violates any provision of subsection (i) or (j) of
section 5318, or any special measures imposed under section
5318A, or any regulation prescribed under subsection (i) or
(j) of section 5318 or section 5318A, shall be fined in an
amount equal to not less than 2 times the amount of the
transaction, but not more than $1,000,000.'.
SEC. 364. UNIFORM PROTECTION AUTHORITY
FOR FEDERAL RESERVE FACILITIES.
Section 11 of the Federal Reserve
Act (12 U.S.C. 248) is amended by adding at the end the following:
`(q) UNIFORM PROTECTION AUTHORITY
FOR FEDERAL RESERVE FACILITIES-
`(1) Notwithstanding any
other provision of law, to authorize personnel to act as law
enforcement officers to protect and safeguard the
premises, grounds, property, personnel, including
members of the Board, of the Board, or any Federal reserve bank,
and operations conducted by or on behalf of the
Board or a reserve bank.
`(2) The Board may, subject
to the regulations prescribed under paragraph (5), delegate
authority to a Federal reserve bank to authorize personnel
to act as law enforcement officers to protect and
safeguard the bank's premises, grounds, property, personnel, and
operations conducted by or on behalf of the bank.
`(3) Law enforcement officers
designated or authorized by the Board or a reserve bank
under paragraph (1) or (2) are authorized while on duty
to carry firearms and make arrests without warrants
for any offense against the United States committed in their presence,
or for any felony cognizable under the laws of the
United States committed or being committed within
the buildings and grounds of the Board or a reserve bank if they
have reasonable grounds to believe that the person
to be arrested has committed or is committing such a
felony. Such officers shall have access to law enforcement
information that may be necessary for the protection
of the property or personnel of the Board or a reserve bank.
`(4) For purposes of this
subsection, the term `law enforcement officers' means personnel
who have successfully completed law enforcement
training and are authorized to carry firearms and
make arrests pursuant to this subsection.
`(5) The law enforcement
authorities provided for in this subsection may be exercised only
pursuant to regulations prescribed by the Board
and approved by the Attorney General.'.
SEC. 365. REPORTS RELATING TO COINS AND
CURRENCY RECEIVED IN NONFINANCIAL TRADE OR BUSINESS.
(a) REPORTS REQUIRED- Subchapter
II of chapter 53 of title 31, United States Code, is amended by
adding at the end the following new section:
`Sec. 5331. Reports relating to coins
and currency received in nonfinancial trade or business
`(a) COIN AND CURRENCY RECEIPTS
OF MORE THAN $10,000- Any person--
`(1) who is engaged in a
trade or business; and
`(2) who, in the course
of such trade or business, receives more than $10,000 in coins
or currency in 1 transaction (or 2 or more related
transactions),
shall file a report described in
subsection (b) with respect to such transaction (or related transactions)
with the Financial Crimes Enforcement Network at such time
and in such manner as the Secretary may, by regulation,
prescribe.
`(b) FORM AND MANNER OF REPORTS-
A report is described in this subsection if such report--
`(1) is in such form as
the Secretary may prescribe;
`(2) contains--
`(A) the name and
address, and such other identification information as the
Secretary may require, of the person from whom
the coins or currency was received;
`(B) the amount of
coins or currency received;
`(C) the date and
nature of the transaction; and
`(D) such other information,
including the identification of the person filing the
report, as the Secretary may prescribe.
`(c) EXCEPTIONS-
`(1) AMOUNTS RECEIVED BY
FINANCIAL INSTITUTIONS- Subsection (a) shall not apply to
amounts received in a transaction reported under section
5313 and regulations prescribed under such section.
`(2) TRANSACTIONS OCCURRING
OUTSIDE THE UNITED STATES- Except to the extent provided
in regulations prescribed by the Secretary, subsection
(a) shall not apply to any transaction if the entire
transaction occurs outside the United States.
`(d) CURRENCY INCLUDES FOREIGN
CURRENCY AND CERTAIN MONETARY INSTRUMENTS-
`(1) IN GENERAL- For purposes
of this section, the term `currency' includes--
`(A) foreign currency;
and
`(B) to the extent
provided in regulations prescribed by the Secretary, any
monetary instrument (whether or not in bearer form)
with a face amount of not more than $10,000.
`(2) SCOPE OF APPLICATION-
Paragraph (1)(B) shall not apply to any check drawn on the
account of the writer in a financial institution referred
to in subparagraph (A), (B), (C), (D), (E), (F),
(G), (J), (K), (R), or (S) of section 5312(a)(2).'.
(b) PROHIBITION ON STRUCTURING
TRANSACTIONS-
(1) IN GENERAL- Section
5324 of title 31, United States Code, is amended--
(A) by redesignating
subsections (b) and (c) as subsections (c) and (d),
respectively; and
(B) by inserting after
subsection (a) the following new subsection:
`(b) DOMESTIC COIN AND CURRENCY
TRANSACTIONS INVOLVING NONFINANCIAL TRADES OR BUSINESSES-
No person shall, for the purpose of evading the report requirements
of section 5333 or any regulation prescribed under such
section--
`(1) cause or attempt to
cause a nonfinancial trade or business to fail to file a report
required under section 5333 or any regulation prescribed
under such section;
`(2) cause or attempt to
cause a nonfinancial trade or business to file a report required
under section 5333 or any regulation prescribed
under such section that contains a material omission
or misstatement of fact; or
`(3) structure or assist
in structuring, or attempt to structure or assist in structuring,
any transaction with 1 or more nonfinancial trades
or businesses.'.
(2) TECHNICAL AND CONFORMING
AMENDMENTS-
(A) The heading for
subsection (a) of section 5324 of title 31, United States
Code, is amended by inserting `INVOLVING FINANCIAL
INSTITUTIONS' after `TRANSACTIONS'.
(B) Section 5317(c)
of title 31, United States Code, is amended by striking
`5324(b)' and inserting `5324(c)'.
(c) DEFINITION OF NONFINANCIAL
TRADE OR BUSINESS-
(1) IN GENERAL- Section
5312(a) of title 31, United States Code, is amended--
(A) by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6),
respectively; and
(B) by inserting after
paragraph (3) the following new paragraph:
`(4) NONFINANCIAL TRADE
OR BUSINESS- The term `nonfinancial trade or business' means
any trade or business other than a financial institution
that is subject to the reporting requirements of
section 5313 and regulations prescribed under such section.'.
(2) TECHNICAL AND CONFORMING
AMENDMENTS-
(A) Section 5312(a)(3)(C)
of title 31, United States Code, is amended by striking
`section 5316,' and inserting `sections 5333 and
5316,'.
(B) Subsections (a)
through (f) of section 5318 of title 31, United States Code,
and sections 5321, 5326, and 5328 of such title
are each amended--
(i) by inserting
`or nonfinancial trade or business' after `financial
institution' each place such term appears; and
(ii) by inserting
`or nonfinancial trades or businesses' after
`financial institutions' each place such term appears.
(c) CLERICAL AMENDMENT- The table
of sections for chapter 53 of title 31, United States Code, is
amended by inserting after the item relating to section
5332 (as added by section 112 of this title) the following
new item:
`5331. Reports relating
to coins and currency received in nonfinancial trade or business.'.
(f) REGULATIONS- Regulations which
the Secretary determines are necessary to implement this section
shall be published in final form before the end of the
6-month period beginning on the date of enactment of this
Act.
SEC. 366. EFFICIENT USE OF CURRENCY TRANSACTION
REPORT SYSTEM.
(a) FINDINGS- The Congress finds
the following:
(1) The Congress established
the currency transaction reporting requirements in 1970
because the Congress found then that such reports have
a high degree of usefulness in criminal, tax, and
regulatory investigations and proceedings and the usefulness of
such reports has only increased in the years since
the requirements were established.
(2) In 1994, in response
to reports and testimony that excess amounts of currency
transaction reports were interfering with effective law
enforcement, the Congress reformed the currency
transaction report exemption requirements to provide--
(A) mandatory exemptions
for certain reports that had little usefulness for law
enforcement, such as cash transfers between depository
institutions and cash deposits from government
agencies; and
(B) discretionary
authority for the Secretary of the Treasury to provide
exemptions, subject to criteria and guidelines established
by the Secretary, for financial institutions
with regard to regular business customers that maintain
accounts at an institution into which frequent cash
deposits are made.
(3) Today there is evidence
that some financial institutions are not utilizing the exemption
system, or are filing reports even if there is an
exemption in effect, with the result that the volume
of currency transaction reports is once again interfering with
effective law enforcement.
(b) STUDY AND REPORT-
(1) STUDY REQUIRED- The
Secretary shall conduct a study of--
(A) the possible expansion
of the statutory exemption system in effect under
section 5313 of title 31, United States Code; and
(B) methods for improving
financial institution utilization of the statutory
exemption provisions as a way of reducing the submission
of currency transaction reports that have
little or no value for law enforcement purposes,
including improvements in the systems in effect at financial
institutions for regular review of the exemption
procedures used at the institution and the
training of personnel in its effective use.
(2) REPORT REQUIRED- The
Secretary of the Treasury shall submit a report to the Congress
before the end of the 1-year period beginning on
the date of enactment of this Act containing the
findings and conclusions of the Secretary with regard to the study
required under subsection (a), and such recommendations
for legislative or administrative action as the
Secretary determines to be appropriate.
Subtitle C--Currency Crimes and
Protection
SEC. 371. BULK CASH SMUGGLING INTO OR
OUT OF THE UNITED STATES.
(a) FINDINGS- The Congress finds
the following:
(1) Effective enforcement
of the currency reporting requirements of subchapter II of chapter
53 of title 31, United States Code, and the regulations
prescribed under such subchapter, has forced drug
dealers and other criminals engaged in cash-based businesses to
avoid using traditional financial institutions.
(2) In their effort to avoid
using traditional financial institutions, drug dealers and other
criminals are forced to move large quantities of
currency in bulk form to and through the airports,
border crossings, and other ports of entry where the currency
can be smuggled out of the United States and placed
in a foreign financial institution or sold on the black market.
(3) The transportation and
smuggling of cash in bulk form may now be the most common form
of money laundering, and the movement of large sums
of cash is one of the most reliable warning signs
of drug trafficking, terrorism, money laundering, racketeering,
tax evasion and similar crimes.
(4) The intentional transportation
into or out of the United States of large amounts of
currency or monetary instruments, in a manner designed to
circumvent the mandatory reporting provisions of
subchapter II of chapter 53 of title 31, United States Code,,
is the equivalent of, and creates the same harm
as, the smuggling of goods.
(5) The arrest and prosecution
of bulk cash smugglers are important parts of law
enforcement's effort to stop the laundering of criminal proceeds,
but the couriers who attempt to smuggle the cash
out of the United States are typically low-level employees of
large criminal organizations, and thus are easily
replaced. Accordingly, only the confiscation of
the smuggled bulk cash can effectively break the cycle of criminal
activity of which the laundering of the bulk cash
is a critical part.
(6) The current penalties
for violations of the currency reporting requirements are insufficient
to provide a deterrent to the laundering of criminal
proceeds. In particular, in cases where the only
criminal violation under current law is a reporting offense, the
law does not adequately provide for the confiscation
of smuggled currency. In contrast, if the smuggling of
bulk cash were itself an offense, the cash could be confiscated
as the corpus delicti of the smuggling offense.
(b) PURPOSES- The purposes of this
section are--
(1) to make the act of smuggling
bulk cash itself a criminal offense;
(2) to authorize forfeiture
of any cash or instruments of the smuggling offense; and
(3) to emphasize the seriousness
of the act of bulk cash smuggling.
(c) ENACTMENT OF BULK CASH SMUGGLING
OFFENSE- Subchapter II of chapter 53 of title 31, United States
Code, is amended by adding at the end the following:
`Sec. 5332. Bulk cash smuggling into or
out of the United States
`(a) CRIMINAL OFFENSE-
`(1) IN GENERAL- Whoever,
with the intent to evade a currency reporting requirement under
section 5316, knowingly conceals more than $10,000
in currency or other monetary instruments on the
person of such individual or in any conveyance, article of luggage,
merchandise, or other container, and transports
or transfers or attempts to transport or transfer
such currency or monetary instruments from a place within the
United States to a place outside of the United States,
or from a place outside the United States to a place within
the United States, shall be guilty of a currency smuggling
offense and subject to punishment pursuant to subsection
(b).
`(2) CONCEALMENT ON PERSON-
For purposes of this section, the concealment of currency on
the person of any individual includes concealment
in any article of clothing worn by the individual
or in any luggage, backpack, or other container worn or carried
by such individual.
`(b) PENALTY-
`(1) TERM OF IMPRISONMENT-
A person convicted of a currency smuggling offense under
subsection (a), or a conspiracy to commit such offense,
shall be imprisoned for not more than 5 years.
`(2) FORFEITURE- In addition,
the court, in imposing sentence under paragraph (1), shall
order that the defendant forfeit to the United States,
any property, real or personal, involved in the
offense, and any property traceable to such property, subject
to subsection (d) of this section.
`(3) PROCEDURE- The seizure,
restraint, and forfeiture of property under this section shall
be governed by section 413 of the Controlled Substances
Act.
`(4) PERSONAL MONEY JUDGMENT-
If the property subject to forfeiture under paragraph (2) is
unavailable, and the defendant has insufficient substitute
property that may be forfeited pursuant to section
413(p) of the Controlled Substances Act, the court shall enter
a personal money judgment against the defendant
for the amount that would be subject to forfeiture.
`(c) CIVIL FORFEITURE-
`(1) IN GENERAL- Any property
involved in a violation of subsection (a), or a conspiracy to
commit such violation, and any property traceable
to such violation or conspiracy, may be seized and,
subject to subsection (d) of this section, forfeited to the United
States.
`(2) PROCEDURE- The seizure
and forfeiture shall be governed by the procedures governing
civil forfeitures in money laundering cases pursuant
to section 981(a)(1)(A) of title 18, United States
Code.
`(3) TREATMENT OF CERTAIN
PROPERTY AS INVOLVED IN THE OFFENSE- For purposes of this
subsection and subsection (b), any currency or other
monetary instrument that is concealed or intended
to be concealed in violation of subsection (a) or a conspiracy
to commit such violation, any article, container,
or conveyance used, or intended to be used, to conceal or
transport the currency or other monetary instrument,
and any other property used, or intended to be used,
to facilitate the offense, shall be considered property involved
in the offense.'.
(c) CLERICAL AMENDMENT- The table
of sections for subchapter II of chapter 53 of title 31, United
States Code, is amended by inserting after the item relating
to section 5331, as added by this Act, the following new
item:
`5332. Bulk cash smuggling
into or out of the United States.'.
SEC. 372. FORFEITURE IN CURRENCY REPORTING
CASES.
(a) IN GENERAL- Subsection (c)
of section 5317 of title 31, United States Code, is amended to
read as follows:
`(c) FORFEITURE-
`(1) CRIMINAL FORFEITURE-
`(A) IN GENERAL- The
court in imposing sentence for any violation of section
5313, 5316, or 5324 of this title, or any conspiracy
to commit such violation, shall order the
defendant to forfeit all property, real or personal, involved
in the offense and any property traceable
thereto.
`(B) PROCEDURE- Forfeitures
under this paragraph shall be governed by the
procedures established in section 413 of the Controlled Substances
Act.
`(2) CIVIL FORFEITURE- Any
property involved in a violation of section 5313, 5316, or 5324
of this title, or any conspiracy to commit any such
violation, and any property traceable to any such
violation or conspiracy, may be seized and forfeited to the United
States in accordance with the procedures governing
civil forfeitures in money laundering cases pursuant to section
981(a)(1)(A) of title 18, United States Code.'.
(b) CONFORMING AMENDMENTS-
(1) Section 981(a)(1)(A)
of title 18, United States Code, is amended--
(A) by striking `of
section 5313(a) or 5324(a) of title 31, or'; and
(B) by striking `However'
and all that follows through the end of the
subparagraph.
(2) Section 982(a)(1) of
title 18, United States Code, is amended--
(A) by striking `of
section 5313(a), 5316, or 5324 of title 31, or'; and
(B) by striking `However'
and all that follows through the end of the paragraph.
SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) SCIENTER REQUIREMENT FOR SECTION
1960 VIOLATION- Section 1960 of title 18, United States Code,
is amended to read as follows:
`Sec. 1960. Prohibition of unlicensed
money transmitting businesses
`(a) Whoever knowingly conducts,
controls, manages, supervises, directs, or owns all or part of
an unlicensed money transmitting business, shall be fined
in accordance with this title or imprisoned not more than
5 years, or both.
`(b) As used in this section--
`(1) the term `unlicensed
money transmitting business' means a money transmitting
business which affects interstate or foreign commerce
in any manner or degree and--
`(A) is operated without
an appropriate money transmitting license in a State
where such operation is punishable as a misdemeanor
or a felony under State law, whether or not
the defendant knew that the operation was required to be
licensed or that the operation was so punishable;
`(B) fails to comply
with the money transmitting business registration
requirements under section 5330 of title 31, United States
Code, or regulations prescribed under such
section; or
`(C) otherwise involves
the transportation or transmission of funds that are
known to the defendant to have been derived from a
criminal offense or are intended to be used
to be used to promote or support unlawful activity;
`(2) the term `money transmitting'
includes transferring funds on behalf of the public by any
and all means including but not limited to transfers
within this country or to locations abroad by wire,
check, draft, facsimile, or courier; and
`(3) the term `State' means
any State of the United States, the District of Columbia, the
Northern Mariana Islands, and any commonwealth,
territory, or possession of the United States.'.
(b) SEIZURE OF ILLEGALLY TRANSMITTED
FUNDS- Section 981(a)(1)(A) of title 18, United States Code, is
amended by striking `or 1957' and inserting `, 1957 or
1960'.
(c) CLERICAL AMENDMENT- The table
of sections for chapter 95 of title 18, United States Code, is
amended in the item relating to section 1960 by striking
`illegal' and inserting `unlicensed'.
SEC. 374. COUNTERFEITING DOMESTIC CURRENCY
AND OBLIGATIONS.
(a) COUNTERFEIT ACTS COMMITTED
OUTSIDE THE UNITED STATES- Section 470 of title 18, United States
Code, is amended--
(1) in paragraph (2), by
inserting `analog, digital, or electronic image,' after `plate,
stone,'; and
(2) by striking `shall be
fined under this title, imprisoned not more than 20 years, or
both' and inserting `shall be punished as is provided
for the like offense within the United States'.
(b) OBLIGATIONS OR SECURITIES OF
THE UNITED STATES- Section 471 of title 18, United States Code,
is amended by striking `fifteen years' and inserting `20
years'.
(c) UTTERING COUNTERFEIT OBLIGATIONS
OR SECURITIES- Section 472 of title 18, United States Code, is
amended by striking `fifteen years' and inserting `20 years'.
(d) DEALING IN COUNTERFEIT OBLIGATIONS
OR SECURITIES- Section 473 of title 18, United States Code, is
amended by striking `ten years' and inserting `20 years'.
(e) PLATES, STONES, OR ANALOG,
DIGITAL, OR ELECTRONIC IMAGES FOR COUNTERFEITING OBLIGATIONS
OR SECURITIES-
(1) IN GENERAL- Section
474(a) of title 18, United States Code, is amended by inserting
after the second paragraph the following new paragraph:
`Whoever, with intent to defraud,
makes, executes, acquires, scans, captures, records, receives,
transmits, reproduces, sells, or has in such person's control,
custody, or possession, an analog, digital, or electronic
image of any obligation or other security of the United States;
or'.
(2) AMENDMENT TO DEFINITION-
Section 474(b) of title 18, United States Code, is amended
by striking the first sentence and inserting the following
new sentence: `For purposes of this section, the
term `analog, digital, or electronic image' includes any analog,
digital, or electronic method used for the making,
execution, acquisition, scanning, capturing, recording,
retrieval, transmission, or reproduction of any obligation
or security, unless such use is authorized by the
Secretary of the Treasury.'.
(3) TECHNICAL AND CONFORMING
AMENDMENT- The heading for section 474 of title 18, United
States Code, is amended by striking `or stones' and
inserting `, stones, or analog, digital, or electronic
images'.
(4) CLERICAL AMENDMENT-
The table of sections for chapter 25 of title 18, United States
Code, is amended in the item relating to section
474 by striking `or stones' and inserting `, stones,
or analog, digital, or electronic images'.
(f) TAKING IMPRESSIONS OF TOOLS
USED FOR OBLIGATIONS OR SECURITIES- Section 476 of title 18,
United States Code, is amended--
(1) by inserting `analog,
digital, or electronic image,' after `impression, stamp,'; and
(2) by striking `ten years'
and inserting `25 years'.
(g) POSSESSING OR SELLING IMPRESSIONS
OF TOOLS USED FOR OBLIGATIONS OR SECURITIES- Section 477
of title 18, United States Code, is amended--
(1) in the first paragraph,
by inserting `analog, digital, or electronic image,' after `imprint,
stamp,';
(2) in the second paragraph,
by inserting `analog, digital, or electronic image,' after `imprint,
stamp,'; and
(3) in the third paragraph,
by striking `ten years' and inserting `25 years'.
(h) CONNECTING PARTS OF DIFFERENT
NOTES- Section 484 of title 18, United States Code, is amended
by striking `five years' and inserting `10 years'.
(i) BONDS AND OBLIGATIONS OF CERTAIN
LENDING AGENCIES- The first and second paragraphs of section
493 of title 18, United States Code, are each amended by
striking `five years' and inserting `10 years'.
SEC. 375. COUNTERFEITING FOREIGN CURRENCY
AND OBLIGATIONS.
(a) FOREIGN OBLIGATIONS OR SECURITIES-
Section 478 of title 18, United States Code, is amended by
striking `five years' and inserting `20 years'.
(b) UTTERING COUNTERFEIT FOREIGN
OBLIGATIONS OR SECURITIES- Section 479 of title 18, United States
Code, is amended by striking `three years' and inserting
`20 years'.
(c) POSSESSING COUNTERFEIT FOREIGN
OBLIGATIONS OR SECURITIES- Section 480 of title 18, United
States Code, is amended by striking `one year' and inserting
`20 years'.
(d) PLATES, STONES, OR ANALOG,
DIGITAL, OR ELECTRONIC IMAGES FOR COUNTERFEITING FOREIGN
OBLIGATIONS OR SECURITIES-
(1) IN GENERAL- Section
481 of title 18, United States Code, is amended by inserting after
the second paragraph the following new paragraph:
`Whoever, with intent to defraud,
makes, executes, acquires, scans, captures, records, receives,
transmits, reproduces, sells, or has in such person's control,
custody, or possession, an analog, digital, or electronic
image of any bond, certificate, obligation, or other security
of any foreign government, or of any treasury note, bill,
or promise to pay, lawfully issued by such foreign government
and intended to circulate as money; or'.
(2) INCREASED SENTENCE-
The last paragraph of section 481 of title 18, United States Code,
is amended by striking `five years' and inserting
`25 years'.
(3) TECHNICAL AND CONFORMING
AMENDMENT- The heading for section 481 of title 18, United
States Code, is amended by striking `or stones' and
inserting `, stones, or analog, digital, or electronic
images'.
(4) CLERICAL AMENDMENT-
The table of sections for chapter 25 of title 18, United States
Code, is amended in the item relating to section
481 by striking `or stones' and inserting `, stones,
or analog, digital, or electronic images'.
(e) FOREIGN BANK NOTES- Section
482 of title 18, United States Code, is amended by striking `two
years' and inserting `20 years'.
(f) UTTERING COUNTERFEIT FOREIGN
BANK NOTES- Section 483 of title 18, United States Code, is amended
by striking `one year' and inserting `20 years'.
SEC. 376. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title
18, United States Code, is amended by inserting `or 2339B' after
`2339A'.
SEC. 377. EXTRATERRITORIAL JURISDICTION.
Section 1029 of title 18, United
States Code, is amended by adding at the end the following:
`(h) Any person who, outside the
jurisdiction of the United States, engages in any act that, if
committed within the jurisdiction of the United States,
would constitute an offense under subsection (a) or (b) of this
section, shall be subject to the fines, penalties, imprisonment,
and forfeiture provided in this title if--
`(1) the offense involves
an access device issued, owned, managed, or controlled by a
financial institution, account issuer, credit card
system member, or other entity within the jurisdiction
of the United States; and
`(2) the person transports,
delivers, conveys, transfers to or through, or otherwise stores,
secrets, or holds within the jurisdiction of the
United States, any article used to assist in the
commission of the offense or the proceeds of such offense or
property derived therefrom.'.
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern
Border
SEC. 401. ENSURING ADEQUATE PERSONNEL
ON THE NORTHERN BORDER.
The Attorney General is authorized
to waive any FTE cap on personnel assigned to the Immigration
and Naturalization Service on the Northern border.
SEC. 402. NORTHERN BORDER PERSONNEL.
There are authorized to be appropriated--
(1) such sums as may be
necessary to triple the number of Border Patrol personnel (from
the number authorized under current law), and the
necessary personnel and facilities to support such
personnel, in each State along the Northern Border;
(2) such sums as may be
necessary to triple the number of Customs Service personnel (from
the number authorized under current law), and the
necessary personnel and facilities to support such
personnel, at ports of entry in each State along the Northern
Border;
(3) such sums as may be
necessary to triple the number of INS inspectors (from the number
authorized on the date of the enactment of this
Act), and the necessary personnel and facilities
to support such personnel, at ports of entry in each State along
the Northern Border; and
(4) an additional $50,000,000
each to the Immigration and Naturalization Service and the
United States Customs Service for purposes of making
improvements in technology for monitoring the Northern
Border and acquiring additional equipment at the Northern Border.
SEC. 403. ACCESS BY THE DEPARTMENT OF
STATE AND THE INS TO CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL
HISTORY RECORDS OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION
TO THE UNITED STATES.
(a) AMENDMENT OF THE IMMIGRATION
AND NATIONALITY ACT- Section 105 of the Immigration and
Nationality Act (8 U.S.C. 1105) is amended--
(1) in the section heading,
by inserting `; DATA EXCHANGE' after `SECURITY OFFICERS';
(2) by inserting `(a)' after
`SEC. 105.';
(3) in subsection (a), by
inserting `and border' after `internal' the second place it appears;
and
(4) by adding at the end
the following:
`(b)(1) The Attorney General and
the Director of the Federal Bureau of Investigation shall provide
the Department of State and the Service access to the criminal
history record information contained in the National Crime
Information Center's Interstate Identification Index (NCIC-III),
Wanted Persons File, and to any other files maintained
by the National Crime Information Center that may be mutually
agreed upon by the Attorney General and the agency receiving
the access, for the purpose of determining whether or not
a visa applicant or applicant for admission has a criminal
history record indexed in any such file.
`(2) Such access shall be provided
by means of extracts of the records for placement in the automated
visa lookout or other appropriate database, and shall be
provided without any fee or charge.
`(3) The Federal Bureau of Investigation
shall provide periodic updates of the extracts at intervals
mutually agreed upon with the agency receiving the access.
Upon receipt of such updated extracts, the receiving agency
shall make corresponding updates to its database and destroy previously
provided extracts.
`(4) Access to an extract does
not entitle the Department of State to obtain the full content
of the corresponding automated criminal history record.
To obtain the full content of a criminal history record, the
Department of State shall submit the applicant's fingerprints
and any appropriate fingerprint processing fee authorized
by law to the Criminal Justice Information Services Division of
the Federal Bureau of Investigation.
`(c) The provision of the extracts
described in subsection (b) may be reconsidered by the Attorney
General and the receiving agency upon the development and
deployment of a more cost-effective and efficient means
of sharing the information.
`(d) For purposes of administering
this section, the Department of State shall, prior to receiving
access to NCIC data but not later than 4 months after the
date of enactment of this subsection, promulgate final
regulations--
`(1) to implement procedures
for the taking of fingerprints; and
`(2) to establish the conditions
for the use of the information received from the Federal
Bureau of Investigation, in order--
`(A) to limit the
redissemination of such information;
`(B) to ensure that
such information is used solely to determine whether or not
to issue a visa to an alien or to admit an alien
to the United States;
`(C) to ensure the
security, confidentiality, and destruction of such information;
and
`(D) to protect any
privacy rights of individuals who are subjects of such
information.'.
(b) REPORTING REQUIREMENT- Not
later than 2 years after the date of enactment of this Act, the
Attorney General and the Secretary of State jointly shall
report to Congress on the implementation of the amendments
made by this section.
(c) TECHNOLOGY STANDARD TO CONFIRM
IDENTITY-
(1) IN GENERAL- The Attorney
General and the Secretary of State jointly, through the National
Institute of Standards and Technology (NIST), and
in consultation with the Secretary of the Treasury
and other Federal law enforcement and intelligence agencies the
Attorney General or Secretary of State deems appropriate
and in consultation with Congress, shall within 2
years after the date of the enactment of this section, develop
and certify a technology standard that can be used
to verify the identity of persons applying for a United States
visa or such persons seeking to enter the United
States pursuant to a visa for the purposes of conducting
background checks, confirming identity, and ensuring that a person
has not received a visa under a different name or
such person seeking to enter the United States pursuant
to a visa.
(2) INTEGRATED- The technology
standard developed pursuant to paragraph (1), shall be the
technological basis for a cross-agency, cross-platform
electronic system that is a cost-effective, efficient,
fully integrated means to share law enforcement and intelligence
information necessary to confirm the identity of
such persons applying for a United States visa or
such person seeking to enter the United States pursuant to a visa.
(3) ACCESSIBLE- The electronic
system described in paragraph (2), once implemented, shall
be readily and easily accessible to--
(A) all consular officers
responsible for the issuance of visas;
(B) all Federal inspection
agents at all United States border inspection points;
and
(C) all law enforcement
and intelligence officers as determined by regulation to
be responsible for investigation or identification
of aliens admitted to the United States pursuant
to a visa.
(4) REPORT- Not later than
18 months after the date of the enactment of this Act, and every
2 years thereafter, the Attorney General and the
Secretary of State shall jointly, in consultation
with the Secretary of Treasury, report to Congress describing
the development, implementation, efficacy, and privacy
implications of the technology standard and electronic
database system described in this subsection.
(5) FUNDING- There is authorized
to be appropriated to the Secretary of State, the Attorney
General, and the Director of the National Institute
of Standards and Technology such sums as may be
necessary to carry out the provisions of this subsection.
(d) STATUTORY CONSTRUCTION- Nothing
in this section, or in any other law, shall be construed to limit
the authority of the Attorney General or the Director of
the Federal Bureau of Investigation to provide access to
the criminal history record information contained in the National
Crime Information Center's (NCIC) Interstate Identification
Index (NCIC-III), or to any other information maintained by the
NCIC, to any Federal agency or officer authorized to enforce
or administer the immigration laws of the United States, for
the purpose of such enforcement or administration, upon
terms that are consistent with the National Crime Prevention
and Privacy Compact Act of 1998 (subtitle A of title II of Public
Law 105-251; 42 U.S.C. 14611-16) and section 552a of title
5, United States Code.
SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.
The matter under the headings `Immigration
And Naturalization Service: Salaries and Expenses, Enforcement
And Border Affairs' and `Immigration And Naturalization Service:
Salaries and Expenses, Citizenship And Benefits, Immigration
And Program Direction' in the Department of Justice Appropriations
Act, 2001 (as enacted into law by Appendix B (H.R. 5548)
of Public Law 106-553 (114 Stat. 2762A-58 to 2762A-59))
is amended by striking the following each place it occurs: `Provided,
That none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee
overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2001:'.
SEC. 405. REPORT ON THE INTEGRATED AUTOMATED
FINGERPRINT IDENTIFICATION SYSTEM FOR PORTS OF ENTRY AND OVERSEAS
CONSULAR POSTS.
(a) IN GENERAL- The Attorney General,
in consultation with the appropriate heads of other Federal
agencies, including the Secretary of State, Secretary of
the Treasury, and the Secretary of Transportation, shall
report to Congress on the feasibility of enhancing the Integrated
Automated Fingerprint Identification System (IAFIS) of
the Federal Bureau of Investigation and other identification systems
in order to better identify a person who holds a foreign
passport or a visa and may be wanted in connection with
a criminal investigation in the United States or abroad, before
the issuance of a visa to that person or the entry or exit
from the United States by that person.
(b) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated not less than $2,000,000
to carry out this section.
Subtitle B--Enhanced Immigration
Provisions
SEC. 411. DEFINITIONS RELATING TO TERRORISM.
(a) GROUNDS OF INADMISSIBILITY-
Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)) is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by amending
subclause (IV) to read as follows:
`(IV) is a representative (as defined
in clause (v)) of--
`(aa) a foreign terrorist organization,
as designated by the Secretary of State under section 219, or
`(bb) a political, social or other similar
group whose public endorsement of acts of terrorist activity the
Secretary of State has determined undermines United States efforts
to reduce or eliminate terrorist activities,';
(ii) in subclause
(V), by inserting `or' after `section 219,'; and
(iii) by adding
at the end the following new subclauses:
`(VI) has used the alien's position
of prominence within any country to endorse or espouse terrorist
activity, or to persuade others to support terrorist activity
or a terrorist organization, in a way that the Secretary of
State has determined undermines United States efforts to reduce
or eliminate terrorist activities, or
`(VII) is the spouse or child of an
alien who is inadmissible under this section, if the activity
causing the alien to be found inadmissible occurred within the
last 5 years,';
(B) by redesignating
clauses (ii), (iii), and (iv) as clauses (iii), (iv), and (v),
respectively;
(C) in clause (i)(II),
by striking `clause (iii)' and inserting `clause (iv)';
(D) by inserting after
clause (i) the following:
`(ii) EXCEPTION-
Subclause (VII) of clause (i) does not apply to a
spouse or child--
`(I) who did not know or should not
reasonably have known of the activity causing the alien to be
found inadmissible under this section; or
`(II) whom the consular officer or Attorney
General has reasonable grounds to believe has renounced the
activity causing the alien to be found inadmissible under
this section.';
(E) in clause (iii)
(as redesignated by subparagraph (B))--
(i) by inserting
`it had been' before `committed in the United
States'; and
(ii) in subclause
(V)(b), by striking `or firearm' and inserting `,
firearm, or other weapon or dangerous device';
(F) by amending clause
(iv) (as redesignated by subparagraph (B)) to read as
follows:
`(iv) ENGAGE
IN TERRORIST ACTIVITY DEFINED- As used in this
chapter, the term `engage in terrorist activity' means,
in an individual capacity or as a member
of an organization--
`(I) to commit or to incite to commit,
under circumstances indicating an intention to cause death or
serious bodily injury, a terrorist activity;
`(II) to prepare or plan a terrorist
activity;
`(III) to gather information on potential
targets for terrorist activity;
`(IV) to solicit funds or other things
of value for--
`(aa) a terrorist activity;
`(bb) a terrorist organization described
in clause (vi)(I) or (vi)(II); or
`(cc) a terrorist organization described
in clause (vi)(III), unless the solicitor can demonstrate that
he did not know, and should not reasonably have known, that the
solicitation would further the organization's terrorist activity;
`(V) to solicit any individual--
`(aa) to engage in conduct otherwise described
in this clause;
`(bb) for membership in a terrorist organization
described in clause (vi)(I) or (vi)(II); or
`(cc) for membership in a terrorist organization
described in clause (vi)(III), unless the solicitor can demonstrate
that he did not know, and should not reasonably have known, that
the solicitation would further the organization's terrorist activity;
or
`(VI) to commit an act that the actor
knows, or reasonably should know, affords material support,
including a safe house, transportation, communications, funds,
transfer of funds or other material financial benefit, false
documentation or identification, weapons (including chemical,
biological, or radiological weapons), explosives, or training--
`(aa) for the commission of a terrorist
activity;
`(bb) to any individual who the actor
knows, or reasonably should know, has committed or plans to commit
a terrorist activity;
`(cc) to a terrorist organization described
in clause (vi)(I) or (vi)(II); or
`(dd) to a terrorist organization described
in clause (vi)(III), unless the actor can demonstrate that he
did not know, and should not reasonably have known, that the act
would further the organization's terrorist activity.
This clause shall not apply to any material
support the alien afforded to an organization or individual
that has committed terrorist activity, if the Secretary of State,
after consultation with the Attorney General, or the Attorney
General, after consultation with the Secretary of State, concludes
in his sole unreviewable discretion, that this clause should
not apply.'; and
(G) by adding at the
end the following new clause:
`(vi) TERRORIST
ORGANIZATION DEFINED- As used in clause (i)(VI)
and clause (iv), the term `terrorist organization'
means an organization--
`(I) designated under section 219;
`(II) otherwise designated, upon publication
in the Federal Register, by the Secretary of State in consultation
with or upon the request of the Attorney General, as a terrorist
organization, after finding that the organization engages in
the activities described in subclause (I), (II), or (III) of
clause (iv), or that the organization provides material support
to further terrorist activity; or
`(III) that is a group of two or more
individuals, whether organized or not, which engages in the
activities described in subclause (I), (II), or (III) of clause
(iv).'; and
(2) by adding at the end
the following new subparagraph:
`(F) ASSOCIATION WITH
TERRORIST ORGANIZATIONS- Any alien who the
Secretary of State, after consultation with the Attorney General,
or the Attorney General, after consultation
with the Secretary of State, determines has been
associated with a terrorist organization and intends while
in the United States to engage solely, principally,
or incidentally in activities that could endanger the
welfare, safety, or security of the United States
is inadmissible.'.
(b) CONFORMING AMENDMENTS-
(1) Section 237(a)(4)(B)
of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B))
is amended by striking `section 212(a)(3)(B)(iii)'
and inserting `section 212(a)(3)(B)(iv)'.
(2) Section 208(b)(2)(A)(v)
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v))
is amended by striking `or (IV)' and inserting `(IV),
or (VI)'.
(c) RETROACTIVE APPLICATION OF
AMENDMENTS-
(1) IN GENERAL- Except as
otherwise provided in this subsection, the amendments made by
this section shall take effect on the date of the
enactment of this Act and shall apply to--
(A) actions taken
by an alien before, on, or after such date; and
(B) all aliens, without
regard to the date of entry or attempted entry into the
United States--
(i) in removal
proceedings on or after such date (except for
proceedings in which there has been a final administrative
decision before such date); or
(ii) seeking
admission to the United States on or after such date.
(2) SPECIAL RULE FOR ALIENS
IN EXCLUSION OR DEPORTATION PROCEEDINGS- Notwithstanding
any other provision of law, sections 212(a)(3)(B) and 237(a)(4)(B)
of the Immigration and Nationality Act, as amended
by this Act, shall apply to all aliens in exclusion
or deportation proceedings on or after the date of the enactment
of this Act (except for proceedings in which there
has been a final administrative decision before such date) as
if such proceedings were removal proceedings.
(3) SPECIAL RULE FOR SECTION
219 ORGANIZATIONS AND ORGANIZATIONS DESIGNATED UNDER
SECTION 212(a)(3)(B)(vi)(II)-
(A) IN GENERAL- Notwithstanding
paragraphs (1) and (2), no alien shall be
considered inadmissible under section 212(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)),
or deportable under section 237(a)(4)(B) of
such Act (8 U.S.C. 1227(a)(4)(B)), by reason of the amendments
made by subsection (a), on the ground that
the alien engaged in a terrorist activity
described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section
212(a)(3)(B)(iv) of such Act (as so amended)
with respect to a group at any time when the group
was not a terrorist organization designated by the Secretary
of State under section 219 of such Act (8
U.S.C. 1189) or otherwise designated under section
212(a)(3)(B)(vi)(II) of such Act (as so amended).
(B) STATUTORY CONSTRUCTION-
Subparagraph (A) shall not be construed to
prevent an alien from being considered inadmissible or deportable
for having engaged in a terrorist activity--
(i) described
in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section
212(a)(3)(B)(iv) of such Act (as so amended)
with respect to a terrorist organization
at any time when such organization was
designated by the Secretary of State under section 219 of
such Act or otherwise designated under
section 212(a)(3)(B)(vi)(II) of such
Act (as so amended); or
(ii) described
in subclause (IV)(cc), (V)(cc), or (VI)(dd) of section
212(a)(3)(B)(iv) of such Act (as so amended)
with respect to a terrorist organization
described in section 212(a)(3)(B)(vi)(III) of
such Act (as so amended).
(4) EXCEPTION- The Secretary
of State, in consultation with the Attorney General, may
determine that the amendments made by this section shall
not apply with respect to actions by an alien taken
outside the United States before the date of the enactment of
this Act upon the recommendation of a consular officer
who has concluded that there is not reasonable ground
to believe that the alien knew or reasonably should have known
that the actions would further a terrorist activity.
(c) DESIGNATION OF FOREIGN TERRORIST
ORGANIZATIONS- Section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)) is amended--
(1) in paragraph (1)(B),
by inserting `or terrorism (as defined in section 140(d)(2) of
the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or
retains the capability and intent to engage in terrorist activity
or terrorism' after `212(a)(3)(B)';
(2) in paragraph (1)(C),
by inserting `or terrorism' after `terrorist activity';
(3) by amending paragraph
(2)(A) to read as follows:
`(A) NOTICE-
`(i) TO CONGRESSIONAL
LEADERS- Seven days before making a
designation under this subsection, the Secretary shall, by classified
communication, notify the Speaker and
Minority Leader of the House of Representatives,
the President pro tempore, Majority Leader, and
Minority Leader of the Senate, and the members of
the relevant committees of the House
of Representatives and the Senate, in
writing, of the intent to designate an organization under this
subsection, together with the findings
made under paragraph (1) with respect
to that organization, and the factual basis therefor.
`(ii) PUBLICATION
IN FEDERAL REGISTER- The Secretary shall publish
the designation in the Federal Register seven days
after providing the notification under
clause (i).';
(4) in paragraph (2)(B)(i),
by striking `subparagraph (A)' and inserting `subparagraph (A)(ii)';
(5) in paragraph (2)(C),
by striking `paragraph (2)' and inserting `paragraph (2)(A)(i)';
(6) in paragraph (3)(B),
by striking `subsection (c)' and inserting `subsection (b)';
(7) in paragraph (4)(B),
by inserting after the first sentence the following: `The Secretary
also may redesignate such organization at the end
of any 2-year redesignation period (but not sooner
than 60 days prior to the termination of such period) for an additional
2-year period upon a finding that the relevant circumstances
described in paragraph (1) still exist. Any redesignation
shall be effective immediately following the end of the prior
2-year designation or redesignation period unless
a different effective date is provided in such redesignation.';
(8) in paragraph (6)(A)--
(A) by inserting `or
a redesignation made under paragraph (4)(B)' after
`paragraph (1)';
(B) in clause (i)--
(i) by inserting
`or redesignation' after `designation' the first place
it appears; and
(ii) by striking
`of the designation'; and
(C) in clause (ii),
by striking `of the designation';
(9) in paragraph (6)(B)--
(A) by striking `through
(4)' and inserting `and (3)'; and
(B) by inserting at
the end the following new sentence: `Any revocation shall
take effect on the date specified in the revocation
or upon publication in the Federal Register
if no effective date is specified.';
(10) in paragraph (7), by
inserting `, or the revocation of a redesignation under paragraph
(6),' after `paragraph (5) or (6)'; and
(11) in paragraph (8)--
(A) by striking `paragraph
(1)(B)' and inserting `paragraph (2)(B), or if a
redesignation under this subsection has become effective
under paragraph (4)(B)';
(B) by inserting `or
an alien in a removal proceeding' after `criminal action'; and
(C) by inserting `or
redesignation' before `as a defense'.
SEC. 412. MANDATORY DETENTION OF SUSPECTED
TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW.
(a) IN GENERAL- The Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after section 236 the following:
`MANDATORY DETENTION OF SUSPECTED TERRORISTS;
HABEAS CORPUS; JUDICIAL REVIEW
`SEC. 236A. (a) DETENTION OF TERRORIST
ALIENS-
`(1) CUSTODY- The Attorney
General shall take into custody any alien who is certified under
paragraph (3).
`(2) RELEASE- Except as
provided in paragraphs (5) and (6), the Attorney General shall
maintain custody of such an alien until the alien
is removed from the United States. Except as provided
in paragraph (6), such custody shall be maintained irrespective
of any relief from removal for which the alien may
be eligible, or any relief from removal granted the alien, until
the Attorney General determines that the alien is
no longer an alien who may be certified under paragraph
(3). If the alien is finally determined not to be removable, detention
pursuant to this subsection shall terminate.
`(3) CERTIFICATION- The
Attorney General may certify an alien under this paragraph if
the Attorney General has reasonable grounds to believe
that the alien--
`(A) is described
in section 212(a)(3)(A)(i), 212(a)(3)(A)(iii), 212(a)(3)(B),
237(a)(4)(A)(i), 237(a)(4)(A)(iii), or 237(a)(4)(B);
or
`(B) is engaged in
any other activity that endangers the national security of the
United States.
`(4) NONDELEGATION- The
Attorney General may delegate the authority provided under
paragraph (3) only to the Deputy Attorney General.
The Deputy Attorney General may not delegate such
authority.
`(5) COMMENCEMENT OF PROCEEDINGS-
The Attorney General shall place an alien detained
under paragraph (1) in removal proceedings, or shall charge
the alien with a criminal offense, not later than
7 days after the commencement of such detention. If the requirement
of the preceding sentence is not satisfied, the
Attorney General shall release the alien.
`(6) LIMITATION ON INDEFINITE
DETENTION- An alien detained solely under paragraph (1)
who has not been removed under section 241(a)(1)(A), and
whose removal is unlikely in the reasonably foreseeable
future, may be detained for additional periods of up to six months
only if the release of the alien will threaten the
national security of the United States or the safety
of the community or any person.
`(7) REVIEW OF CERTIFICATION-
The Attorney General shall review the certification made
under paragraph (3) every 6 months. If the Attorney General
determines, in the Attorney General's discretion,
that the certification should be revoked, the alien may be released
on such conditions as the Attorney General deems
appropriate, unless such release is otherwise prohibited
by law. The alien may request each 6 months in writing that the
Attorney General reconsider the certification and
may submit documents or other evidence in support of that
request.
`(b) HABEAS CORPUS AND JUDICIAL
REVIEW-
`(1) IN GENERAL- Judicial
review of any action or decision relating to this section (including
judicial review of the merits of a determination
made under subsection (a)(3) or (a)(6)) is available
exclusively in habeas corpus proceedings consistent with this
subsection. Except as provided in the preceding
sentence, no court shall have jurisdiction to review, by habeas
corpus petition or otherwise, any such action or
decision.
`(2) APPLICATION-
`(A) IN GENERAL- Notwithstanding
any other provision of law, including section
2241(a) of title 28, United States Code, habeas corpus proceedings
described in paragraph (1) may be initiated
only by an application filed with--
`(i) the Supreme
Court;
`(ii) any justice
of the Supreme Court;
`(iii) any
circuit judge of the United States Court of Appeals for the
District of Columbia Circuit; or
`(iv) any district
court otherwise having jurisdiction to entertain it.
`(B) APPLICATION TRANSFER-
Section 2241(b) of title 28, United States Code,
shall apply to an application for a writ of habeas corpus
described in subparagraph (A).
`(3) APPEALS- Notwithstanding
any other provision of law, including section 2253 of title 28,
in habeas corpus proceedings described in paragraph
(1) before a circuit or district judge, the final
order shall be subject to review, on appeal, by the United States
Court of Appeals for the District of Columbia Circuit.
There shall be no right of appeal in such proceedings to any
other circuit court of appeals.
`(4) RULE OF DECISION- The
law applied by the Supreme Court and the United States Court
of Appeals for the District of Columbia Circuit shall
be regarded as the rule of decision in habeas corpus
proceedings described in paragraph (1).
`(c) STATUTORY CONSTRUCTION- The
provisions of this section shall not be applicable to any other
provision of this Act.'.
(b) CLERICAL AMENDMENT- The table
of contents of the Immigration and Nationality Act is amended
by inserting after the item relating to section 236 the
following:
`Sec. 236A. Mandatory detention
of suspected terrorist; habeas corpus; judicial review.'.
(c) REPORTS- Not later than 6 months
after the date of the enactment of this Act, and every 6 months
thereafter, the Attorney General shall submit a report
to the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate, with respect
to the reporting period, on--
(1) the number of aliens
certified under section 236A(a)(3) of the Immigration and Nationality
Act, as added by subsection (a);
(2) the grounds for such
certifications;
(3) the nationalities of
the aliens so certified;
(4) the length of the detention
for each alien so certified; and
(5) the number of aliens
so certified who--
(A) were granted any
form of relief from removal;
(B) were removed;
(C) the Attorney General
has determined are no longer aliens who may be so
certified; or
(D) were released
from detention.
SEC. 413. MULTILATERAL COOPERATION AGAINST
TERRORISTS.
Section 222(f) of the Immigration
and Nationality Act (8 U.S.C. 1202(f)) is amended--
(1) by striking `except
that in the discretion of' and inserting the following: `except
that--
`(1) in the discretion of';
and
(2) by adding at the end
the following:
`(2) the Secretary of State,
in the Secretary's discretion and on the basis of reciprocity,
may provide to a foreign government information
in the Department of State's computerized visa lookout
database and, when necessary and appropriate, other records covered
by this section related to information in the database--
`(A) with regard to
individual aliens, at any time on a case-by-case basis for the
purpose of preventing, investigating, or punishing
acts that would constitute a crime in the
United States, including, but not limited to, terrorism or trafficking
in controlled substances, persons, or illicit
weapons; or
`(B) with regard to
any or all aliens in the database, pursuant to such conditions
as the Secretary of State shall establish
in an agreement with the foreign government
in which that government agrees to use such information and
records for the purposes described in subparagraph
(A) or to deny visas to persons who would
be inadmissible to the United States.'.
SEC. 414. VISA INTEGRITY AND SECURITY.
(a) SENSE OF CONGRESS REGARDING
THE NEED TO EXPEDITE IMPLEMENTATION OF INTEGRATED ENTRY
AND EXIT DATA SYSTEM-
(1) SENSE OF CONGRESS- In
light of the terrorist attacks perpetrated against the United
States on September 11, 2001, it is the sense of
the Congress that--
(A) the Attorney General,
in consultation with the Secretary of State, should fully
implement the integrated entry and exit data system
for airports, seaports, and land border ports
of entry, as specified in section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1365a), with all deliberate
speed and as expeditiously as practicable; and
(B) the Attorney General,
in consultation with the Secretary of State, the
Secretary of Commerce, the Secretary of the Treasury, and
the Office of Homeland Security, should immediately
begin establishing the Integrated Entry and
Exit Data System Task Force, as described in section 3 of the
Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public
Law 106-215).
(2) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated such sums
as may be necessary to fully implement the system described in
paragraph (1)(A).
(b) DEVELOPMENT OF THE SYSTEM-
In the development of the integrated entry and exit data system
under section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a),
the Attorney General and the Secretary of State shall particularly
focus on--
(1) the utilization of biometric
technology; and
(2) the development of tamper-resistant
documents readable at ports of entry.
(c) INTERFACE WITH LAW ENFORCEMENT
DATABASES- The entry and exit data system described in this
section shall be able to interface with law enforcement databases
for use by Federal law enforcement to identify and detain
individuals who pose a threat to the national security of the
United States.
(d) REPORT ON SCREENING INFORMATION-
Not later than 12 months after the date of enactment of this
Act, the Office of Homeland Security shall submit a report
to Congress on the information that is needed from any
United States agency to effectively screen visa applicants and
applicants for admission to the United States to identify
those affiliated with terrorist organizations or those that pose
any threat to the safety or security of the United States,
including the type of information currently received by United
States agencies and the regularity with which such information
is transmitted to the Secretary of State and the Attorney
General.
SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND
SECURITY ON ENTRY-EXIT TASK FORCE.
Section 3 of the Immigration and
Naturalization Service Data Management Improvement Act of 2000
(Public Law 106-215) is amended by striking `and the Secretary
of the Treasury,' and inserting `the Secretary of the Treasury,
and the Office of Homeland Security'.
SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.
(a) FULL IMPLEMENTATION AND EXPANSION
OF FOREIGN STUDENT VISA MONITORING PROGRAM REQUIRED- The
Attorney General, in consultation with the Secretary of State,
shall fully implement and expand the program established
by section 641(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(a)).
(b) INTEGRATION WITH PORT OF ENTRY
INFORMATION- For each alien with respect to whom information is
collected under section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372), the Attorney General, in consultation with the Secretary
of State, shall include information on the date of entry
and port of entry.
(c) EXPANSION OF SYSTEM TO INCLUDE
OTHER APPROVED EDUCATIONAL INSTITUTIONS- Section 641 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C.1372) is amended--
(1) in subsection (a)(1),
subsection (c)(4)(A), and subsection (d)(1) (in the text above
subparagraph (A)), by inserting `, other approved
educational institutions,' after `higher education'
each place it appears;
(2) in subsections (c)(1)(C),
(c)(1)(D), and (d)(1)(A), by inserting `, or other approved
educational institution,' after `higher education'
each place it appears;
(3) in subsections (d)(2),
(e)(1), and (e)(2), by inserting `, other approved educational
institution,' after `higher education' each place
it appears; and
(4) in subsection (h), by
adding at the end the following new paragraph:
`(3) OTHER APPROVED EDUCATIONAL
INSTITUTION- The term `other approved educational
institution' includes any air flight school, language training
school, or vocational school, approved by the Attorney
General, in consultation with the Secretary of Education and the
Secretary of State, under subparagraph (F), (J),
or (M) of section 101(a)(15) of the Immigration
and Nationality Act.'.
(d) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated to the Department of
Justice $36,800,000 for the period beginning on the date
of enactment of this Act and ending on January 1, 2003,
to fully implement and expand prior to January 1, 2003, the program
established by section 641(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
SEC. 417. MACHINE READABLE PASSPORTS.
(a) AUDITS- The Secretary of State
shall, each fiscal year until September 30, 2007--
(1) perform annual audits
of the implementation of section 217(c)(2)(B) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)(2)(B));
(2) check for the implementation
of precautionary measures to prevent the counterfeiting and
theft of passports; and
(3) ascertain that countries
designated under the visa waiver program have established a
program to develop tamper-resistant passports.
(b) PERIODIC REPORTS- Beginning
one year after the date of enactment of this Act, and every year
thereafter until 2007, the Secretary of State shall submit
a report to Congress setting forth the findings of the
most recent audit conducted under subsection (a)(1).
(c) ADVANCING DEADLINE FOR SATISFACTION
OF REQUIREMENT- Section 217(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(a)(3)) is amended by striking
`2007' and inserting `2003'.
(d) WAIVER- Section 217(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is amended--
(1) by striking `On or after'
and inserting the following:
`(A) IN GENERAL- Except
as provided in subparagraph (B), on or after'; and
(2) by adding at the end
the following:
`(B) LIMITED WAIVER
AUTHORITY- For the period beginning October 1, 2003, and
ending September 30, 2007, the Secretary of State
may waive the requirement of subparagraph
(A) with respect to nationals of a program country (as
designated under subsection (c)), if the Secretary
of State finds that the program country--
`(i) is making
progress toward ensuring that passports meeting the
requirement of subparagraph (A) are generally
available to its nationals; and
`(ii) has taken
appropriate measures to protect against misuse of
passports the country has issued that do not meet
the requirement of subparagraph (A).'.
SEC. 418. PREVENTION OF CONSULATE SHOPPING.
(a) REVIEW- The Secretary of State
shall review how consular officers issue visas to determine if
consular shopping is a problem.
(b) ACTIONS TO BE TAKEN- If the
Secretary of State determines under subsection (a) that consular
shopping is a problem, the Secretary shall take steps to
address the problem and shall submit a report to Congress
describing what action was taken.
Subtitle C--Preservation
of Immigration Benefits for Victims of Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL- For purposes of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the
Attorney General may provide an alien described in subsection
(b) with the status of a special immigrant under section
101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the alien--
(1) files with the Attorney
General a petition under section 204 of such Act (8 U.S.C. 1154)
for classification under section 203(b)(4) of such
Act (8 U.S.C. 1153(b)(4)); and
(2) is otherwise eligible
to receive an immigrant visa and is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility, the grounds for
inadmissibility specified in section 212(a)(4) of such Act (8
U.S.C. 1182(a)(4)) shall not apply.
(b) ALIENS DESCRIBED-
(1) PRINCIPAL ALIENS- An
alien is described in this subsection if--
(A) the alien was
the beneficiary of--
(i) a petition
that was filed with the Attorney General on or before
September 11, 2001--
(I) under section 204 of the Immigration
and Nationality Act (8 U.S.C. 1154) to classify the alien as
a family-sponsored immigrant under section 203(a) of such
Act (8 U.S.C. 1153(a)) or as an employment-based immigrant under
section 203(b) of such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8 U.S.C.
1184(d)) of such Act to authorize the issuance of a nonimmigrant
visa to the alien under section 101(a)(15)(K) of such Act (8
U.S.C. 1101(a)(15)(K)); or
(ii) an application
for labor certification under section 212(a)(5)(A) of
such Act (8 U.S.C. 1182(a)(5)(A)) that was
filed under regulations of the Secretary
of Labor on or before such date; and
(B) such petition
or application was revoked or terminated (or otherwise
rendered null), either before or after its approval,
due to a specified terrorist activity that
directly resulted in--
(i) the death
or disability of the petitioner, applicant, or alien
beneficiary; or
(ii) loss of
employment due to physical damage to, or destruction of,
the business of the petitioner or applicant.
(2) SPOUSES AND CHILDREN-
(A) IN GENERAL- An
alien is described in this subsection if--
(i) the alien
was, on September 10, 2001, the spouse or child of a
principal alien described in paragraph (1);
and
(ii) the alien--
(I) is accompanying such principal alien;
or
(II) is following to join such principal
alien not later than September 11, 2003.
(B) CONSTRUCTION-
For purposes of construing the terms `accompanying' and
`following to join' in subparagraph (A)(ii), any
death of a principal alien that is described
in paragraph (1)(B)(i) shall be disregarded.
(3) GRANDPARENTS OF ORPHANS-
An alien is described in this subsection if the alien is a
grandparent of a child, both of whose parents died
as a direct result of a specified terrorist activity,
if either of such deceased parents was, on September 10, 2001,
a citizen or national of the United States or an
alien lawfully admitted for permanent residence in the United
States.
(c) PRIORITY DATE- Immigrant visas
made available under this section shall be issued to aliens in
the order in which a petition on behalf of each such alien
is filed with the Attorney General under subsection (a)(1),
except that if an alien was assigned a priority date with
respect to a petition described in subsection (b)(1)(A)(i),
the alien may maintain that priority date.
(d) NUMERICAL LIMITATIONS- For
purposes of the application of sections 201 through 203 of the
Immigration and Nationality Act (8 U.S.C. 1151-1153) in
any fiscal year, aliens eligible to be provided status
under this section shall be treated as special immigrants described
in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27))
who are not described in subparagraph (A), (B), (C), or (K) of
such section.
SEC. 422. EXTENSION OF FILING OR REENTRY
DEADLINES.
(a) AUTOMATIC EXTENSION OF NONIMMIGRANT
STATUS-
(1) IN GENERAL- Notwithstanding
section 214 of the Immigration and Nationality Act (8 U.S.C.
1184), in the case of an alien described in paragraph
(2) who was lawfully present in the United States
as a nonimmigrant on September 10, 2001, the alien may remain
lawfully in the United States in the same nonimmigrant
status until the later of--
(A) the date such
lawful nonimmigrant status otherwise would have terminated if
this subsection had not been enacted; or
(B) 1 year after the
death or onset of disability described in paragraph (2).
(2) ALIENS DESCRIBED-
(A) PRINCIPAL ALIENS-
An alien is described in this paragraph if the alien was
disabled as a direct result of a specified terrorist
activity.
(B) SPOUSES AND CHILDREN-
An alien is described in this paragraph if the alien
was, on September 10, 2001, the spouse or child of--
(i) a principal
alien described in subparagraph (A); or
(ii) an alien
who died as a direct result of a specified terrorist
activity.
(3) AUTHORIZED EMPLOYMENT-
During the period in which a principal alien or alien spouse is
in lawful nonimmigrant status under paragraph (1),
the alien shall be provided an `employment authorized'
endorsement or other appropriate document signifying
authorization of employment not later than 30 days after
the alien requests such authorization.
(b) NEW DEADLINES FOR EXTENSION
OR CHANGE OF NONIMMIGRANT STATUS-
(1) FILING DELAYS- In the
case of an alien who was lawfully present in the United States
as a nonimmigrant on September 10, 2001, if the
alien was prevented from filing a timely application
for an extension or change of nonimmigrant status as a direct
result of a specified terrorist activity, the alien's
application shall be considered timely filed if it is filed not
later than 60 days after it otherwise would have
been due.
(2) DEPARTURE DELAYS- In
the case of an alien who was lawfully present in the United States
as a nonimmigrant on September 10, 2001, if the
alien is unable timely to depart the United States
as a direct result of a specified terrorist activity, the alien
shall not be considered to have been unlawfully
present in the United States during the period beginning on September
11, 2001, and ending on the date of the alien's
departure, if such departure occurs on or before
November 11, 2001.
(3) SPECIAL RULE FOR ALIENS
UNABLE TO RETURN FROM ABROAD-
(A) PRINCIPAL ALIENS-
In the case of an alien who was in a lawful nonimmigrant
status on September 10, 2001, but who was not present
in the United States on such date, if the
alien was prevented from returning to the United States in
order to file a timely application for an extension
of nonimmigrant status as a direct result
of a specified terrorist activity--
(i) the alien's
application shall be considered timely filed if it is filed
not later than 60 days after it otherwise
would have been due; and
(ii) the alien's
lawful nonimmigrant status shall be considered to
continue until the later of--
(I) the date such status otherwise would
have terminated if this subparagraph had not been enacted;
or
(II) the date that is 60 days after
the date on which the application described in clause (i) otherwise
would have been due.
(B) SPOUSES AND CHILDREN-
In the case of an alien who is the spouse or child
of a principal alien described in subparagraph (A), if
the spouse or child was in a lawful nonimmigrant
status on September 10, 2001, the spouse or child may
remain lawfully in the United States in the same nonimmigrant
status until the later of--
(i) the date
such lawful nonimmigrant status otherwise would have
terminated if this subparagraph had not been
enacted; or
(ii) the date
that is 60 days after the date on which the application
described in subparagraph (A) otherwise would
have been due.
(4) CIRCUMSTANCES PREVENTING
TIMELY ACTION-
(A) FILING DELAYS-
For purposes of paragraph (1), circumstances preventing an
alien from timely acting are--
(i) office
closures;
(ii) mail or
courier service cessations or delays; and
(iii) other
closures, cessations, or delays affecting case processing
or travel necessary to satisfy legal requirements.
(B) DEPARTURE AND
RETURN DELAYS- For purposes of paragraphs (2) and (3),
circumstances preventing an alien from timely acting
are--
(i) office
closures;
(ii) airline
flight cessations or delays; and
(iii) other
closures, cessations, or delays affecting case processing
or travel necessary to satisfy legal requirements.
(c) DIVERSITY IMMIGRANTS-
(1) WAIVER OF FISCAL YEAR
LIMITATION- Notwithstanding section 203(e)(2) of the
Immigration and Nationality Act (8 U.S.C. 1153(e)(2)), an
immigrant visa number issued to an alien under section
203(c) of such Act for fiscal year 2001 may be used by the alien
during the period beginning on October 1, 2001,
and ending on April 1, 2002, if the alien establishes
that the alien was prevented from using it during fiscal
year 2001 as a direct result of a specified terrorist
activity.
(2) WORLDWIDE LEVEL- In
the case of an alien entering the United States as a lawful
permanent resident, or adjusting to that status, under
paragraph (1) or (3), the alien shall be counted
as a diversity immigrant for fiscal year 2001 for purposes of
section 201(e) of the Immigration and Nationality
Act (8 U.S.C. 1151(e)), unless the worldwide level under such
section for such year has been exceeded, in which
case the alien shall be counted as a diversity immigrant
for fiscal year 2002.
(3) TREATMENT OF FAMILY
MEMBERS OF CERTAIN ALIENS- In the case of a principal alien
issued an immigrant visa number under section 203(c)
of the Immigration and Nationality Act (8 U.S.C.
1153(c)) for fiscal year 2001, if such principal alien died as
a direct result of a specified terrorist activity,
the aliens who were, on September 10, 2001, the spouse and
children of such principal alien shall, until June
30, 2002, if not otherwise entitled to an immigrant
status and the immediate issuance of a visa under subsection (a),
(b), or (c) of section 203 of such Act, be entitled
to the same status, and the same order of consideration,
that would have been provided to such alien spouse or
child under section 203(d) of such Act as if the
principal alien were not deceased and as if the spouse or child's
visa application had been adjudicated by September
30, 2001.
(4) CIRCUMSTANCES PREVENTING
TIMELY ACTION- For purposes of paragraph (1), circumstances
preventing an alien from using an immigrant visa number during
fiscal year 2001 are--
(A) office closures;
(B) mail or courier
service cessations or delays;
(C) airline flight
cessations or delays; and
(D) other closures,
cessations, or delays affecting case processing or travel
necessary to satisfy legal requirements.
(d) EXTENSION OF EXPIRATION OF
IMMIGRANT VISAS-
(1) IN GENERAL- Notwithstanding
the limitations under section 221(c) of the Immigration and
Nationality Act (8 U.S.C. 1201(c)), in the case of
any immigrant visa issued to an alien that expires
or expired before December 31, 2001, if the alien was unable to
effect entry into the United States as a direct
result of a specified terrorist activity, then the period of validity
of the visa is extended until December 31, 2001,
unless a longer period of validity is otherwise
provided under this subtitle.
(2) CIRCUMSTANCES PREVENTING
ENTRY- For purposes of this subsection, circumstances
preventing an alien from effecting entry into the United
States are--
(A) office closures;
(B) airline flight
cessations or delays; and
(C) other closures,
cessations, or delays affecting case processing or travel
necessary to satisfy legal requirements.
(e) GRANTS OF PAROLE EXTENDED-
(1) IN GENERAL- In the case
of any parole granted by the Attorney General under section
212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) that expires on a date on or
after September 11, 2001, if the alien beneficiary of the parole
was unable to return to the United States prior
to the expiration date as a direct result of a specified terrorist
activity, the parole is deemed extended for an additional
90 days.
(2) CIRCUMSTANCES PREVENTING
RETURN- For purposes of this subsection, circumstances
preventing an alien from timely returning to the United
States are--
(A) office closures;
(B) airline flight
cessations or delays; and
(C) other closures,
cessations, or delays affecting case processing or travel
necessary to satisfy legal requirements.
(f) VOLUNTARY DEPARTURE- Notwithstanding
section 240B of the Immigration and Nationality Act (8 U.S.C.
1229c), if a period for voluntary departure under such
section expired during the period beginning on September
11, 2001, and ending on October 11, 2001, such voluntary departure
period is deemed extended for an additional 30 days.
SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN
SURVIVING SPOUSES AND CHILDREN.
(a) TREATMENT AS IMMEDIATE RELATIVES-
(1) SPOUSES- Notwithstanding
the second sentence of section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)),
in the case of an alien who was the spouse of a
citizen of the United States at the time of the citizen's death
and was not legally separated from the citizen at
the time of the citizen's death, if the citizen died as a
direct result of a specified terrorist activity, the
alien (and each child of the alien) shall be considered,
for purposes of section 201(b) of such Act, to remain an immediate
relative after the date of the citizen's death,
but only if the alien files a petition under section
204(a)(1)(A)(ii) of such Act within 2 years after such date
and only until the date the alien remarries. For
purposes of such section 204(a)(1)(A)(ii), an alien granted relief
under the preceding sentence shall be considered
an alien spouse described in the second sentence of
section 201(b)(2)(A)(i) of such Act.
(2) CHILDREN-
(A) IN GENERAL- In
the case of an alien who was the child of a citizen of the
United States at the time of the citizen's death,
if the citizen died as a direct result of
a specified terrorist activity, the alien shall be considered,
for purposes of section 201(b) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)), to
remain an immediate relative after the date of the citizen's
death (regardless of changes in age or marital
status thereafter), but only if the alien files a petition
under subparagraph (B) within 2 years after such
date.
(B) PETITIONS- An
alien described in subparagraph (A) may file a petition with
the Attorney General for classification of
the alien under section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
For purposes of such Act, such a petition
shall be considered a petition filed under section
204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
(b) SPOUSES, CHILDREN, UNMARRIED
SONS AND DAUGHTERS OF LAWFUL PERMANENT RESIDENT ALIENS-
(1) IN GENERAL- Any spouse,
child, or unmarried son or daughter of an alien described in
paragraph (3) who is included in a petition for classification
as a family-sponsored immigrant under section 203(a)(2)
of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that
was filed by such alien before September 11, 2001,
shall be considered (if the spouse, child, son,
or daughter has not been admitted or approved for lawful permanent
residence by such date) a valid petitioner for preference
status under such section with the same priority date
as that assigned prior to the death described in paragraph
(3)(A). No new petition shall be required to be
filed. Such spouse, child, son, or daughter may be eligible for
deferred action and work authorization.
(2) SELF-PETITIONS- Any
spouse, child, or unmarried son or daughter of an alien described
in paragraph (3) who is not a beneficiary of a petition
for classification as a family-sponsored immigrant
under section 203(a)(2) of the Immigration and Nationality Act
may file a petition for such classification with
the Attorney General, if the spouse, child, son, or daughter was
present in the United States on September 11, 2001.
Such spouse, child, son, or daughter may be eligible
for deferred action and work authorization.
(3) ALIENS DESCRIBED- An
alien is described in this paragraph if the alien--
(A) died as a direct
result of a specified terrorist activity; and
(B) on the day of
such death, was lawfully admitted for permanent residence in
the United States.
(c) APPLICATIONS FOR ADJUSTMENT
OF STATUS BY SURVIVING SPOUSES AND CHILDREN OF EMPLOYMENT-BASED
IMMIGRANTS-
(1) IN GENERAL- Any alien
who was, on September 10, 2001, the spouse or child of an alien
described in paragraph (2), and who applied for
adjustment of status prior to the death described
in paragraph (2)(A), may have such application adjudicated as
if such death had not occurred.
(2) ALIENS DESCRIBED- An
alien is described in this paragraph if the alien--
(A) died as a direct
result of a specified terrorist activity; and
(B) on the day before
such death, was--
(i) an alien
lawfully admitted for permanent residence in the United
States by reason of having been allotted
a visa under section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)); or
(ii) an applicant
for adjustment of status to that of an alien
described in clause (i), and admissible to the United
States for permanent residence.
(d) WAIVER OF PUBLIC CHARGE GROUNDS-
In determining the admissibility of any alien accorded an
immigration benefit under this section, the grounds for inadmissibility
specified in section 212(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(4)) shall not apply.
SEC. 424. `AGE-OUT' PROTECTION FOR CHILDREN.
For purposes of the administration
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
in the case of an alien--
(1) whose 21st birthday
occurs in September 2001, and who is the beneficiary of a petition
or application filed under such Act on or before
September 11, 2001, the alien shall be considered
to be a child for 90 days after the alien's 21st birthday for
purposes of adjudicating such petition or application;
and
(2) whose 21st birthday
occurs after September 2001, and who is the beneficiary of a petition
or application filed under such Act on or before
September 11, 2001, the alien shall be considered
to be a child for 45 days after the alien's 21st birthday for
purposes of adjudicating such petition or application.
SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian
purposes or to ensure family unity, may provide temporary
administrative relief to any alien who--
(1) was lawfully present
in the United States on September 10, 2001;
(2) was on such date the
spouse, parent, or child of an individual who died or was disabled
as a direct result of a specified terrorist activity;
and
(3) is not otherwise entitled
to relief under any other provision of this subtitle.
SEC. 426. EVIDENCE OF DEATH, DISABILITY,
OR LOSS OF EMPLOYMENT.
(a) IN GENERAL- The Attorney General
shall establish appropriate standards for evidence demonstrating,
for purposes of this subtitle, that any of the following
occurred as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due
to physical damage to, or destruction of, a business.
(b) WAIVER OF REGULATIONS- The
Attorney General shall carry out subsection (a) as expeditiously
as possible. The Attorney General is not required to promulgate
regulations prior to implementing this subtitle.
SEC. 427. NO BENEFITS TO TERRORISTS OR
FAMILY MEMBERS OF TERRORISTS.
Notwithstanding any other provision
of this subtitle, nothing in this subtitle shall be construed
to provide any benefit or relief to--
(1) any individual culpable
for a specified terrorist activity; or
(2) any family member of
any individual described in paragraph (1).
SEC. 428. DEFINITIONS.
(a) APPLICATION OF IMMIGRATION
AND NATIONALITY ACT PROVISIONS- Except as otherwise specifically
provided in this subtitle, the definitions used in the
Immigration and Nationality Act (excluding the definitions
applicable exclusively to title III of such Act) shall apply in
the administration of this subtitle.
(b) SPECIFIED TERRORIST ACTIVITY-
For purposes of this subtitle, the term `specified terrorist activity'
means any terrorist activity conducted against the Government
or the people of the United States on September 11, 2001.
TITLE V--REMOVING
OBSTACLES TO INVESTIGATING TERRORISM
SEC. 501. ATTORNEY GENERAL'S AUTHORITY
TO PAY REWARDS TO COMBAT TERRORISM.
(a) PAYMENT OF REWARDS TO COMBAT
TERRORISM- Funds available to the Attorney General may be used
for the payment of rewards pursuant to public advertisements
for assistance to the Department of Justice to combat terrorism
and defend the Nation against terrorist acts, in accordance with
procedures and regulations established or issued by the
Attorney General.
(b) CONDITIONS- In making rewards
under this section--
(1) no such reward of $250,000
or more may be made or offered without the personal
approval of either the Attorney General or the President;
(2) the Attorney General
shall give written notice to the Chairmen and ranking minority
members of the Committees on Appropriations and
the Judiciary of the Senate and of the House of
Representatives not later than 30 days after the approval of a
reward under paragraph (1);
(3) any executive agency
or military department (as defined, respectively, in sections
105 and 102 of title 5, United States Code) may
provide the Attorney General with funds for the
payment of rewards;
(4) neither the failure
of the Attorney General to authorize a payment nor the amount
authorized shall be subject to judicial review;
and
(5) no such reward shall
be subject to any per- or aggregate reward spending limitation
established by law, unless that law expressly refers
to this section, and no reward paid pursuant to
any such offer shall count toward any such aggregate reward spending
limitation.
SEC. 502. SECRETARY OF STATE'S AUTHORITY
TO PAY REWARDS.
Section 36 of the State Department
Basic Authorities Act of 1956 (Public Law 885, August 1, 1956;
22 U.S.C. 2708) is amended--
(1) in subsection (b)--
(A) in paragraph (4),
by striking `or' at the end;
(B) in paragraph (5),
by striking the period at the end and inserting `, including
by dismantling an organization in whole or
significant part; or'; and
(C) by adding at the
end the following:
`(6) the identification
or location of an individual who holds a key leadership position
in a terrorist organization.';
(2) in subsection (d), by
striking paragraphs (2) and (3) and redesignating paragraph (4)
as paragraph (2); and
(3) in subsection (e)(1),
by inserting `, except as personally authorized by the Secretary
of State if he determines that offer or payment
of an award of a larger amount is necessary to combat
terrorism or defend the Nation against terrorist acts.' after
`$5,000,000'.
SEC. 503. DNA IDENTIFICATION OF TERRORISTS
AND OTHER VIOLENT OFFENDERS.
Section 3(d)(2) of the DNA Analysis
Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)(2)) is amended
to read as follows:
`(2) In addition to the
offenses described in paragraph (1), the following offenses shall
be treated for purposes of this section as qualifying
Federal offenses, as determined by the Attorney
General:
`(A) Any offense listed
in section 2332b(g)(5)(B) of title 18, United States Code.
`(B) Any crime of
violence (as defined in section 16 of title 18, United States
Code).
`(C) Any attempt or
conspiracy to commit any of the above offenses.'.
SEC. 504. COORDINATION WITH LAW ENFORCEMENT.
(a) INFORMATION ACQUIRED FROM AN
ELECTRONIC SURVEILLANCE- Section 106 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1806), is amended by adding
at the end the following:
`(k)(1) Federal officers who conduct
electronic surveillance to acquire foreign intelligence information
under this title may consult with Federal law enforcement
officers to coordinate efforts to investigate or protect
against--
`(A) actual or potential
attack or other grave hostile acts of a foreign power or an agent
of a foreign power;
`(B) sabotage or international
terrorism by a foreign power or an agent of a foreign power;
or
`(C) clandestine intelligence
activities by an intelligence service or network of a foreign
power or by an agent of a foreign power.
`(2) Coordination authorized under
paragraph (1) shall not preclude the certification required by
section 104(a)(7)(B) or the entry of an order under section
105.'.
(b) INFORMATION ACQUIRED FROM A
PHYSICAL SEARCH- Section 305 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1825) is amended by adding
at the end the following:
`(k)(1) Federal officers who conduct
physical searches to acquire foreign intelligence information
under this title may consult with Federal law enforcement
officers to coordinate efforts to investigate or protect
against--
`(A) actual or potential
attack or other grave hostile acts of a foreign power or an agent
of a foreign power;
`(B) sabotage or international
terrorism by a foreign power or an agent of a foreign power;
or
`(C) clandestine intelligence
activities by an intelligence service or network of a foreign
power or by an agent of a foreign power.
`(2) Coordination authorized under
paragraph (1) shall not preclude the certification required by
section 303(a)(7) or the entry of an order under section
304.'.
SEC. 505. MISCELLANEOUS NATIONAL SECURITY
AUTHORITIES.
(a) TELEPHONE TOLL AND TRANSACTIONAL
RECORDS- Section 2709(b) of title 18, United States Code, is
amended--
(1) in the matter preceding
paragraph (1), by inserting `at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated
by the Director' after `Assistant Director';
(2) in paragraph (1)--
(A) by striking `in
a position not lower than Deputy Assistant Director'; and
(B) by striking `made
that' and all that follows and inserting the following:
`made that the name, address, length of service,
and toll billing records sought are relevant
to an authorized investigation to protect against international
terrorism or clandestine intelligence activities,
provided that such an investigation of a United
States person is not conducted solely on the basis of
activities protected by the first amendment to the
Constitution of the United States; and'; and
(3) in paragraph (2)--
(A) by striking `in
a position not lower than Deputy Assistant Director'; and
(B) by striking `made
that' and all that follows and inserting the following:
`made that the information sought is relevant to
an authorized investigation to protect against
international terrorism or clandestine intelligence activities,
provided that such an investigation of a United
States person is not conducted solely upon
the basis of activities protected by the first amendment to the
Constitution of the United States.'.
(b) FINANCIAL RECORDS- Section
1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12
U.S.C. 3414(a)(5)(A)) is amended--
(1) by inserting `in a position
not lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director' after `designee';
and
(2) by striking `sought'
and all that follows and inserting `sought for foreign counter
intelligence purposes to protect against international
terrorism or clandestine intelligence activities,
provided that such an investigation of a United States person
is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution of the
United States.'.
(c) CONSUMER REPORTS- Section 624
of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--
(1) in subsection (a)--
(A) by inserting `in
a position not lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge
of a Bureau field office designated by the
Director' after `designee' the first place it appears; and
(B) by striking `in
writing that' and all that follows through the end and inserting
the following: `in writing, that such information
is sought for the conduct of an authorized
investigation to protect against international terrorism or clandestine
intelligence activities, provided that such
an investigation of a United States person
is not conducted solely upon the basis of activities protected
by the first amendment to the Constitution
of the United States.';
(2) in subsection (b)--
(A) by inserting `in
a position not lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge
of a Bureau field office designated by the
Director' after `designee' the first place it appears; and
(B) by striking `in
writing that' and all that follows through the end and inserting
the following: `in writing that such information
is sought for the conduct of an authorized
investigation to protect against international terrorism or clandestine
intelligence activities, provided that such
an investigation of a United States person
is not conducted solely upon the basis of activities protected
by the first amendment to the Constitution
of the United States.'; and
(3) in subsection (c)--
(A) by inserting `in
a position not lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge
in a Bureau field office designated by the
Director' after `designee of the Director'; and
(B) by striking `in
camera that' and all that follows through `States.' and
inserting the following: `in camera that the consumer
report is sought for the conduct of an authorized
investigation to protect against international terrorism
or clandestine intelligence activities, provided
that such an investigation of a United States
person is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution
of the United States.'.
SEC. 506. EXTENSION OF SECRET SERVICE
JURISDICTION.
(a) Concurrent Jurisdiction Under
18 U.S.C. 1030- Section 1030(d) of title 18, United States Code,
is amended to read as follows:
`(d)(1) The United States Secret
Service shall, in addition to any other agency having such authority,
have the authority to investigate offenses under this section.
`(2) The Federal Bureau of Investigation
shall have primary authority to investigate offenses under
subsection (a)(1) for any cases involving espionage, foreign
counterintelligence, information protected against unauthorized
disclosure for reasons of national defense or foreign relations,
or Restricted Data (as that term is defined in section
11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except
for offenses affecting the duties of the United States
Secret Service pursuant to section 3056(a) of this title.
`(3) Such authority shall be exercised
in accordance with an agreement which shall be entered into by
the Secretary of the Treasury and the Attorney General.'.
(b) Reauthorization of Jurisdiction
under 18 U.S.C. 1344- Section 3056(b)(3) of title 18, United States
Code, is amended by striking `credit and debit card frauds,
and false identification documents or devices' and inserting
`access device frauds, false identification documents or devices,
and any fraud or other criminal or unlawful activity in
or against any federally insured financial institution'.
SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.
Section 444 of the General Education
Provisions Act (20 U.S.C. 1232g), is amended by adding after
subsection (i) a new subsection (j) to read as follows:
`(j) INVESTIGATION AND PROSECUTION
OF TERRORISM-
`(1) IN GENERAL- Notwithstanding
subsections (a) through (i) or any provision of State law,
the Attorney General (or any Federal officer or employee,
in a position not lower than an Assistant Attorney
General, designated by the Attorney General) may submit a written
application to a court of competent jurisdiction
for an ex parte order requiring an educational agency
or institution to permit the Attorney General (or his designee)
to--
`(A) collect education
records in the possession of the educational agency or
institution that are relevant to an authorized investigation
or prosecution of an offense listed in section
2332b(g)(5)(B) of title 18 United States Code, or an act
of domestic or international terrorism as defined
in section 2331 of that title; and
`(B) for official
purposes related to the investigation or prosecution of an offense
described in paragraph (1)(A), retain, disseminate,
and use (including as evidence at trial or
in other administrative or judicial proceedings) such records,
consistent with such guidelines as the Attorney
General, after consultation with the Secretary,
shall issue to protect confidentiality.
`(2) APPLICATION AND APPROVAL-
`(A) IN GENERAL- An
application under paragraph (1) shall certify that there are
specific and articulable facts giving reason
to believe that the education records are
likely to contain information described in paragraph (1)(A).
`(B) The court shall
issue an order described in paragraph (1) if the court finds
that the application for the order includes
the certification described in subparagraph
(A).
`(3) PROTECTION OF EDUCATIONAL
AGENCY OR INSTITUTION- An educational agency or
institution that, in good faith, produces education records in
accordance with an order issued under this subsection
shall not be liable to any person for that production.
`(4) RECORD-KEEPING- Subsection
(b)(4) does not apply to education records subject to a
court order under this subsection.'.
SEC. 508. DISCLOSURE OF INFORMATION FROM
NCES SURVEYS.
Section 408 of the National Education
Statistics Act of 1994 (20 U.S.C. 9007), is amended by adding
after subsection (b) a new subsection (c) to read as follows:
`(c) INVESTIGATION AND PROSECUTION
OF TERRORISM-
`(1) IN GENERAL- Notwithstanding
subsections (a) and (b), the Attorney General (or any
Federal officer or employee, in a position not lower than
an Assistant Attorney General, designated by the
Attorney General) may submit a written application to a court
of competent jurisdiction for an ex parte order
requiring the Secretary to permit the Attorney General (or
his designee) to--
`(A) collect reports,
records, and information (including individually identifiable
information) in the possession of the center
that are relevant to an authorized investigation
or prosecution of an offense listed in section 2332b(g)(5)(B)
of title 18, United States Code, or an act
of domestic or international terrorism as
defined in section 2331 of that title; and
`(B) for official
purposes related to the investigation or prosecution of an offense
described in paragraph (1)(A), retain, disseminate,
and use (including as evidence at trial or
in other administrative or judicial proceedings) such
information, consistent with such guidelines as the
Attorney General, after consultation with
the Secretary, shall issue to protect confidentiality.
`(2) APPLICATION AND APPROVAL-
`(A) IN GENERAL- An
application under paragraph (1) shall certify that there are
specific and articulable facts giving reason
to believe that the information sought is
described in paragraph (1)(A).
`(B) The court shall
issue an order described in paragraph (1) if the court finds
that the application for the order includes
the certification described in subparagraph
(A).
`(3) PROTECTION- An
officer or employee of the Department who, in good faith,
produces information in accordance with an order
issued under this subsection does not violate
subsection (b)(2) and shall not be liable to any person for that
production.'.
TITLE VI--PROVIDING FOR VICTIMS
OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
Subtitle A--Aid to Families of Public
Safety Officers
SEC. 611. EXPEDITED PAYMENT FOR PUBLIC
SAFETY OFFICERS INVOLVED IN THE PREVENTION, INVESTIGATION, RESCUE,
OR RECOVERY EFFORTS RELATED TO A TERRORIST ATTACK.
(a) IN GENERAL- Notwithstanding
the limitations of subsection (b) of section 1201 or the provisions
of subsections (c), (d), and (e) of such section or section
1202 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796, 3796a), upon certification (containing
identification of all eligible payees of benefits pursuant
to section 1201 of such Act) by a public agency that a public
safety officer employed by such agency was killed or suffered
a catastrophic injury producing permanent and total disability
as a direct and proximate result of a personal injury sustained
in the line of duty as described in section 1201 of such
Act in connection with prevention, investigation, rescue, or recovery
efforts related to a terrorist attack, the Director of
the Bureau of Justice Assistance shall authorize payment to qualified
beneficiaries, said payment to be made not later than 30
days after receipt of such certification, benefits described
under subpart 1 of part L of such Act (42 U.S.C. 3796 et seq.).
(b) DEFINITIONS- For purposes of
this section, the terms `catastrophic injury', `public agency',
and `public safety officer' have the same meanings given
such terms in section 1204 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796b).
SEC. 612. TECHNICAL CORRECTION WITH RESPECT
TO EXPEDITED PAYMENTS FOR HEROIC PUBLIC SAFETY OFFICERS.
Section 1 of Public Law 107-37
(an Act to provide for the expedited payment of certain benefits
for a public safety officer who was killed or suffered
a catastrophic injury as a direct and proximate result of a
personal injury sustained in the line of duty in connection
with the terrorist attacks of September 11, 2001) is amended
by--
(1) inserting before `by
a' the following: `(containing identification of all eligible
payees of benefits pursuant to section 1201)';
(2) inserting `producing
permanent and total disability' after `suffered a catastrophic
injury'; and
(3) striking `1201(a)' and
inserting `1201'.
SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT
PROGRAM PAYMENT INCREASE.
(a) PAYMENTS- Section 1201(a) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796) is amended by striking `$100,000' and inserting `$250,000'.
(b) APPLICABILITY- The amendment
made by subsection (a) shall apply to any death or disability
occurring on or after January 1, 2001.
SEC. 614. OFFICE OF JUSTICE PROGRAMS.
Section 112 of title I of section
101(b) of division A of Public Law 105-277 and section 108(a)
of appendix A of Public Law 106-113 (113 Stat. 1501A-20)
are amended--
(1) after `that Office',
each place it occurs, by inserting `(including, notwithstanding
any contrary provision of law (unless the same should
expressly refer to this section), any organization
that administers any program established in title 1 of Public
Law 90-351)'; and
(2) by inserting `functions,
including any' after `all'.
Subtitle
B--Amendments to the Victims of Crime Act of 1984
SEC. 621. CRIME VICTIMS FUND.
(a) DEPOSIT OF GIFTS IN THE FUND-
Section 1402(b) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(b)) is amended--
(1) in paragraph (3), by
striking `and' at the end;
(2) in paragraph (4), by
striking the period at the end and inserting `; and'; and
(3) by adding at the end
the following:
`(5) any gifts, bequests,
or donations to the Fund from private entities or individuals.'.
(b) FORMULA FOR FUND DISTRIBUTIONS-
Section 1402(c) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(c)) is amended to read as follows:
`(c) FUND DISTRIBUTION; RETENTION
OF SUMS IN FUND; AVAILABILITY FOR EXPENDITURE WITHOUT FISCAL
YEAR LIMITATION-
`(1) Subject to the availability
of money in the Fund, in each fiscal year, beginning with fiscal
year 2003, the Director shall distribute not less
than 90 percent nor more than 110 percent of the
amount distributed from the Fund in the previous fiscal year,
except the Director may distribute up to 120 percent
of the amount distributed in the previous fiscal year in any fiscal
year that the total amount available in the Fund
is more than 2 times the amount distributed in the
previous fiscal year.
`(2) In each fiscal year,
the Director shall distribute amounts from the Fund in accordance
with subsection (d). All sums not distributed during
a fiscal year shall remain in reserve in the Fund
to be distributed during a subsequent fiscal year. Notwithstanding
any other provision of law, all sums deposited in
the Fund that are not distributed shall remain in reserve in the
Fund for obligation in future fiscal years, without
fiscal year limitation.'.
(c) ALLOCATION OF FUNDS FOR COSTS
AND GRANTS- Section 1402(d)(4) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(d)(4)) is amended--
(1) by striking `deposited
in' and inserting `to be distributed from';
(2) in subparagraph (A),
by striking `48.5' and inserting `47.5';
(3) in subparagraph (B),
by striking `48.5' and inserting `47.5'; and
(4) in subparagraph (C),
by striking `3' and inserting `5'.
(d) ANTITERRORISM EMERGENCY RESERVE-
Section 1402(d)(5) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)(5)) is amended to read as follows:
`(5)(A) In addition to the
amounts distributed under paragraphs (2), (3), and (4), the Director
may set aside up to $50,000,000 from the amounts
transferred to the Fund in response to the airplane
hijackings and terrorist acts that occurred on September 11, 2001,
as an antiterrorism emergency reserve. The Director
may replenish any amounts expended from such reserve
in subsequent fiscal years by setting aside up to 5 percent of
the amounts remaining in the Fund in any fiscal
year after distributing amounts under paragraphs (2), (3)
and (4). Such reserve shall not exceed $50,000,000.
`(B) The antiterrorism emergency
reserve referred to in subparagraph (A) may be used for
supplemental grants under section 1404B and to provide
compensation to victims of international terrorism
under section 1404C.
`(C) Amounts in the antiterrorism
emergency reserve established pursuant to subparagraph
(A) may be carried over from fiscal year to fiscal year.
Notwithstanding subsection (c) and section 619 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2001 (and
any similar limitation on Fund obligations in any future
Act, unless the same should expressly refer to this section),
any such amounts carried over shall not be subject
to any limitation on obligations from amounts deposited to or
available in the Fund.'.
(e) VICTIMS OF SEPTEMBER 11, 2001-
Amounts transferred to the Crime Victims Fund for use in responding
to the airplane hijackings and terrorist acts (including
any related search, rescue, relief, assistance, or other
similar activities) that occurred on September 11, 2001, shall
not be subject to any limitation on obligations from amounts
deposited to or available in the Fund, notwithstanding--
(1) section 619 of the Departments
of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2001, and any similar
limitation on Fund obligations in such Act for Fiscal
Year 2002; and
(2) subsections (c) and
(d) of section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601).
SEC. 622. CRIME VICTIM COMPENSATION.
(a) ALLOCATION OF FUNDS FOR COMPENSATION
AND ASSISTANCE- Paragraphs (1) and (2) of section 1403(a)
of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) are amended
by inserting `in fiscal year 2002 and of 60 percent in
subsequent fiscal years' after `40 percent'.
(b) LOCATION OF COMPENSABLE CRIME-
Section 1403(b)(6)(B) of the Victims of Crime Act of 1984 (42
U.S.C. 10602(b)(6)(B)) is amended by striking `are outside
the United States (if the compensable crime is terrorism,
as defined in section 2331 of title 18), or'.
(c) RELATIONSHIP OF CRIME VICTIM
COMPENSATION TO MEANS-TESTED FEDERAL BENEFIT PROGRAMS-
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602)
is amended by striking subsection (c) and inserting the
following:
`(c) EXCLUSION FROM INCOME, RESOURCES,
AND ASSETS FOR PURPOSES OF MEANS TESTS- Notwithstanding
any other law (other than title IV of Public Law 107-42), for
the purpose of any maximum allowed income, resource, or
asset eligibility requirement in any Federal, State, or local
government program using Federal funds that provides medical
or other assistance (or payment or reimbursement of the
cost of such assistance), any amount of crime victim compensation
that the applicant receives through a crime victim compensation
program under this section shall not be included in the income,
resources, or assets of the applicant, nor shall that amount
reduce the amount of the assistance available to the applicant
from Federal, State, or local government programs using Federal
funds, unless the total amount of assistance that the applicant
receives from all such programs is sufficient to fully compensate
the applicant for losses suffered as a result of the crime.'.
(d) DEFINITIONS OF `COMPENSABLE
CRIME' AND `STATE'- Section 1403(d) of the Victims of Crime Act
of 1984 (42 U.S.C. 10602(d)) is amended--
(1) in paragraph (3), by
striking `crimes involving terrorism,'; and
(2) in paragraph (4), by
inserting `the United States Virgin Islands,' after `the
Commonwealth of Puerto Rico,'.
(e) RELATIONSHIP OF ELIGIBLE CRIME
VICTIM COMPENSATION PROGRAMS TO THE SEPTEMBER 11TH VICTIM
COMPENSATION FUND-
(1) IN GENERAL- Section
1403(e) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(e))
is amended by inserting `including the program established
under title IV of Public Law 107-42,' after `Federal
program,'.
(2) COMPENSATION- With respect
to any compensation payable under title IV of Public Law
107-42, the failure of a crime victim compensation program,
after the effective date of final regulations issued
pursuant to section 407 of Public Law 107-42, to provide compensation
otherwise required pursuant to section 1403 of the
Victims of Crime Act of 1984 (42 U.S.C. 10602) shall
not render that program ineligible for future grants under the
Victims of Crime Act of 1984.
SEC. 623. CRIME VICTIM ASSISTANCE.
(a) ASSISTANCE FOR VICTIMS IN THE
DISTRICT OF COLUMBIA, PUERTO RICO, AND OTHER TERRITORIES
AND POSSESSIONS- Section 1404(a) of the Victims of Crime Act
of 1984 (42 U.S.C. 10603(a)) is amended by adding at the
end the following:
`(6) An agency of the Federal
Government performing local law enforcement functions in and
on behalf of the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands,
or any other territory or possession of the United States may
qualify as an eligible crime victim assistance program
for the purpose of grants under this subsection, or for
the purpose of grants under subsection (c)(1).'.
(b) PROHIBITION ON DISCRIMINATION
AGAINST CERTAIN VICTIMS- Section 1404(b)(1) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)(1)) is amended--
(1) in subparagraph (D),
by striking `and' at the end;
(2) in subparagraph (E),
by striking the period at the end and inserting `; and'; and
(3) by adding at the end
the following:
`(F) does not discriminate
against victims because they disagree with the way
the State is prosecuting the criminal case.'.
(c) GRANTS FOR PROGRAM EVALUATION
AND COMPLIANCE EFFORTS- Section 1404(c)(1)(A) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended
by inserting `, program evaluation, compliance efforts,'
after `demonstration projects'.
(d) ALLOCATION OF DISCRETIONARY
GRANTS- Section 1404(c)(2) of the Victims of Crime Act of 1984
(42 U.S.C. 10603(c)(2)) is amended--
(1) in subparagraph (A),
by striking `not more than' and inserting `not less than'; and
(2) in subparagraph (B),
by striking `not less than' and inserting `not more than'.
(e) FELLOWSHIPS AND CLINICAL INTERNSHIPS-
Section 1404(c)(3) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)(3)) is amended--
(1) in subparagraph (C),
by striking `and' at the end;
(2) in subparagraph (D),
by striking the period at the end and inserting `; and'; and
(3) by adding at the end
the following:
`(E) use funds made
available to the Director under this subsection--
`(i) for fellowships
and clinical internships; and
`(ii) to carry
out programs of training and special workshops for the
presentation and dissemination of information
resulting from demonstrations, surveys,
and special projects.'.
SEC. 624. VICTIMS OF TERRORISM.
(a) COMPENSATION AND ASSISTANCE
TO VICTIMS OF DOMESTIC TERRORISM- Section 1404B(b) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended
to read as follows:
`(b) VICTIMS OF TERRORISM WITHIN
THE UNITED STATES- The Director may make supplemental grants as
provided in section 1402(d)(5) to States for eligible crime
victim compensation and assistance programs, and to victim
service organizations, public agencies (including Federal, State,
or local governments) and nongovernmental organizations
that provide assistance to victims of crime, which shall be used
to provide emergency relief, including crisis response
efforts, assistance, compensation, training and technical
assistance, and ongoing assistance, including during any investigation
or prosecution, to victims of terrorist acts or mass violence
occurring within the United States.'.
(b) ASSISTANCE TO VICTIMS OF INTERNATIONAL
TERRORISM- Section 1404B(a)(1) of the Victims of Crime
Act of 1984 (42 U.S.C. 10603b(a)(1)) is amended by striking `who
are not persons eligible for compensation under title VIII
of the Omnibus Diplomatic Security and Antiterrorism Act of 1986'.
(c) COMPENSATION TO VICTIMS OF
INTERNATIONAL TERRORISM- Section 1404C(b) of the Victims of Crime
of 1984 (42 U.S.C. 10603c(b)) is amended by adding at the
end the following: `The amount of compensation awarded
to a victim under this subsection shall be reduced by any amount
that the victim received in connection with the same act
of international terrorism under title VIII of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986.'.
TITLE VII--INCREASED INFORMATION
SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION
SEC. 701. EXPANSION OF REGIONAL INFORMATION
SHARING SYSTEM TO FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCEMENT
RESPONSE RELATED TO TERRORIST ATTACKS.
Section 1301 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796h) is amended--
(1) in subsection (a), by
inserting `and terrorist conspiracies and activities' after `activities';
(2) in subsection (b)--
(A) in paragraph (3),
by striking `and' after the semicolon;
(B) by redesignating
paragraph (4) as paragraph (5);
(C) by inserting after
paragraph (3) the following:
`(4) establishing and operating
secure information sharing systems to enhance the
investigation and prosecution abilities of participating enforcement
agencies in addressing multi-jurisdictional terrorist
conspiracies and activities; and (5)'; and
(3) by inserting at the
end the following:
`(d) AUTHORIZATION OF APPROPRIATION
TO THE BUREAU OF JUSTICE ASSISTANCE- There are authorized
to be appropriated to the Bureau of Justice Assistance to carry
out this section $50,000,000 for fiscal year 2002 and $100,000,000
for fiscal year 2003.'.
TITLE VIII--STRENGTHENING
THE CRIMINAL LAWS AGAINST TERRORISM
SEC. 801. TERRORIST ATTACKS AND OTHER
ACTS OF VIOLENCE AGAINST MASS TRANSPORTATION SYSTEMS.
Chapter 97 of title 18, United
States Code, is amended by adding at the end the following:
`Sec. 1993. Terrorist attacks and other
acts of violence against mass transportation systems
`(a) GENERAL PROHIBITIONS- Whoever
willfully--
`(1) wrecks, derails, sets
fire to, or disables a mass transportation vehicle or ferry;
`(2) places or causes to
be placed any biological agent or toxin for use as a weapon,
destructive substance, or destructive device in,
upon, or near a mass transportation vehicle or ferry,
without previously obtaining the permission of the mass transportation
provider, and with intent to endanger the safety
of any passenger or employee of the mass transportation
provider, or with a reckless disregard for the safety
of human life;
`(3) sets fire to, or places
any biological agent or toxin for use as a weapon, destructive
substance, or destructive device in, upon, or near
any garage, terminal, structure, supply, or facility
used in the operation of, or in support of the operation of, a
mass transportation vehicle or ferry, without previously
obtaining the permission of the mass transportation
provider, and knowing or having reason to know such activity
would likely derail, disable, or wreck a mass transportation
vehicle or ferry used, operated, or employed by the mass
transportation provider;
`(4) removes appurtenances
from, damages, or otherwise impairs the operation of a mass
transportation signal system, including a train control
system, centralized dispatching system, or rail
grade crossing warning signal without authorization from the mass
transportation provider;
`(5) interferes with, disables,
or incapacitates any dispatcher, driver, captain, or person while
they are employed in dispatching, operating, or
maintaining a mass transportation vehicle or ferry,
with intent to endanger the safety of any passenger or employee
of the mass transportation provider, or with a reckless
disregard for the safety of human life;
`(6) commits an act, including
the use of a dangerous weapon, with the intent to cause
death or serious bodily injury to an employee or passenger
of a mass transportation provider or any other person
while any of the foregoing are on the property of a mass transportation
provider;
`(7) conveys or causes to
be conveyed false information, knowing the information to be false,
concerning an attempt or alleged attempt being made
or to be made, to do any act which would be a crime
prohibited by this subsection; or
`(8) attempts, threatens,
or conspires to do any of the aforesaid acts,
shall be fined under this title
or imprisoned not more than twenty years, or both, if such act
is committed, or in the case of a threat or conspiracy
such act would be committed, on, against, or affecting a mass
transportation provider engaged in or affecting interstate
or foreign commerce, or if in the course of committing
such act, that person travels or communicates across a State line
in order to commit such act, or transports materials across
a State line in aid of the commission of such act.
`(b) AGGRAVATED OFFENSE- Whoever
commits an offense under subsection (a) in a circumstance in
which--
`(1) the mass transportation
vehicle or ferry was carrying a passenger at the time of the
offense; or
`(2) the offense has resulted
in the death of any person,
shall be guilty of an aggravated
form of the offense and shall be fined under this title or imprisoned
for a term of years or for life, or both.
`(c) DEFINITIONS- In this section--
`(1) the term `biological
agent' has the meaning given to that term in section 178(1) of
this title;
`(2) the term `dangerous
weapon' has the meaning given to that term in section 930 of this
title;
`(3) the term `destructive
device' has the meaning given to that term in section 921(a)(4)
of this title;
`(4) the term `destructive
substance' has the meaning given to that term in section 31 of
this title;
`(5) the term `mass transportation'
has the meaning given to that term in section 5302(a)(7)
of title 49, United States Code, except that the term
shall include schoolbus, charter, and sightseeing
transportation;
`(6) the term `serious bodily
injury' has the meaning given to that term in section 1365 of
this title;
`(7) the term `State' has
the meaning given to that term in section 2266 of this title;
and
`(8) the term `toxin' has
the meaning given to that term in section 178(2) of this title.'.
(f) CONFORMING AMENDMENT- The analysis
of chapter 97 of title 18, United States Code, is amended by
adding at the end:
`1993. Terrorist attacks
and other acts of violence against mass transportation systems.'.
SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
(a) DOMESTIC TERRORISM DEFINED-
Section 2331 of title 18, United States Code, is amended--
(1) in paragraph (1)(B)(iii),
by striking `by assassination or kidnapping' and inserting `by
mass destruction, assassination, or kidnapping';
(2) in paragraph (3), by
striking `and';
(3) in paragraph (4), by
striking the period at the end and inserting `; and'; and
(4) by adding at the end
the following:
`(5) the term `domestic
terrorism' means activities that--
`(A) involve acts
dangerous to human life that are a violation of the criminal laws
of the United States or of any State;
`(B) appear to be
intended--
`(i) to intimidate
or coerce a civilian population;
`(ii) to influence
the policy of a government by intimidation or
coercion; or
`(iii) to affect
the conduct of a government by mass destruction,
assassination, or kidnapping; and
`(C) occur primarily
within the territorial jurisdiction of the United States.'.
(b) CONFORMING AMENDMENT- Section
3077(1) of title 18, United States Code, is amended to read as
follows:
`(1) `act of terrorism'
means an act of domestic or international terrorism as defined
in section 2331;'.
SEC. 803. PROHIBITION AGAINST HARBORING
TERRORISTS.
(a) IN GENERAL- Chapter 113B of
title 18, United States Code, is amended by adding after section
2338 the following new section:
`Sec. 2339. Harboring or concealing terrorists
`(a) Whoever harbors or conceals
any person who he knows, or has reasonable grounds to believe,
has committed, or is about to commit, an offense under
section 32 (relating to destruction of aircraft or aircraft
facilities), section 175 (relating to biological weapons),
section 229 (relating to chemical weapons), section 831
(relating to nuclear materials), paragraph (2) or (3) of section
844(f) (relating to arson and bombing of government property
risking or causing injury or death), section 1366(a) (relating
to the destruction of an energy facility), section 2280
(relating to violence against maritime navigation), section 2332a
(relating to weapons of mass destruction), or section 2332b
(relating to acts of terrorism transcending national boundaries)
of this title, section 236(a) (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy)
of title 49, shall be fined under this title or imprisoned
not more than ten years, or both.'.
`(b) A violation of this section
may be prosecuted in any Federal judicial district in which the
underlying offense was committed, or in any other Federal
judicial district as provided by law.'.
(b) TECHNICAL AMENDMENT- The chapter
analysis for chapter 113B of title 18, United States Code, is
amended by inserting after the item for section 2338 the
following:
`2339. Harboring or concealing
terrorists.'.
SEC. 804. JURISDICTION OVER CRIMES COMMITTED
AT U.S. FACILITIES ABROAD.
Section 7 of title 18, United States
Code, is amended by adding at the end the following:
`(9) With respect to offenses
committed by or against a national of the United States as that
term is used in section 101 of the Immigration and
Nationality Act--
`(A) the premises
of United States diplomatic, consular, military or other United
States Government missions or entities in
foreign States, including the buildings, parts
of buildings, and land appurtenant or ancillary thereto or used
for purposes of those missions or entities,
irrespective of ownership; and
`(B) residences in
foreign States and the land appurtenant or ancillary thereto,
irrespective of ownership, used for purposes
of those missions or entities or used by United
States personnel assigned to those missions or entities.
Nothing in this paragraph
shall be deemed to supersede any treaty or international
agreement with which this paragraph conflicts. This paragraph
does not apply with respect to an offense committed
by a person described in section 3261(a) of this title.'.
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
(a) IN GENERAL- Section 2339A of
title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking `,
within the United States,';
(B) by inserting `229,'
after `175,';
(C) by inserting `1993,'
after `1992,';
(D) by inserting `,
section 236 of the Atomic Energy Act of 1954 (42 U.S.C.
2284),' after `of this title';
(E) by inserting `or
60123(b)' after `46502'; and
(F) by inserting at
the end the following: `A violation of this section may be
prosecuted in any Federal judicial district in
which the underlying offense was committed,
or in any other Federal judicial district as provided by law.';
and
(2) in subsection (b)--
(A) by striking `or
other financial securities' and inserting `or monetary
instruments or financial securities'; and
(B) by inserting `expert
advice or assistance,' after `training,'.
(b) TECHNICAL AMENDMENT- Section
1956(c)(7)(D) of title 18, United States Code, is amended by inserting
`or 2339B' after `2339A'.
SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18,
United States Code, is amended by inserting at the end the following:
`(G) All assets, foreign
or domestic--
`(i) of any individual,
entity, or organization engaged in planning or perpetrating
any act of domestic or international terrorism
(as defined in section 2331) against the United
States, citizens or residents of the United States, or their
property, and all assets, foreign or domestic,
affording any person a source of influence
over any such entity or organization;
`(ii) acquired or
maintained by any person with the intent and for the purpose of
supporting, planning, conducting, or concealing
an act of domestic or international terrorism
(as defined in section 2331) against the United States,
citizens or residents of the United States, or their
property; or
`(iii) derived from,
involved in, or used or intended to be used to commit any act
of domestic or international terrorism (as
defined in section 2331) against the United
States, citizens or residents of the United States, or their property.'.
SEC. 807. TECHNICAL CLARIFICATION RELATING
TO PROVISION OF MATERIAL SUPPORT TO TERRORISM.
No provision of the Trade Sanctions
Reform and Export Enhancement Act of 2000 (title IX of Public
Law 106-387) shall be construed to limit or otherwise affect
section 2339A or 2339B of title 18, United States Code.
SEC. 808. DEFINITION OF FEDERAL CRIME
OF TERRORISM.
Section 2332b of title 18, United
States Code, is amended--
(1) in subsection (f), by
inserting `and any violation of section 351(e), 844(e), 844(f)(1),
956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or
2156 of this title,' before `and the Secretary';
and
(2) in subsection (g)(5)(B),
by striking clauses (i) through (iii) and inserting the following:
`(i) section
32 (relating to destruction of aircraft or aircraft facilities),
37 (relating to violence at international
airports), 81 (relating to arson within
special maritime and territorial jurisdiction), 175 or
175b (relating to biological weapons), 229
(relating to chemical weapons), subsection
(a), (b), (c), or (d) of section 351 (relating to
congressional, cabinet, and Supreme Court assassination
and kidnaping), 831 (relating to nuclear
materials), 842(m) or (n) (relating
to plastic explosives), 844(f)(2) or (3) (relating to arson
and bombing of Government property risking
or causing death), 844(i) (relating
to arson and bombing of property used in interstate
commerce), 930(c) (relating to killing or attempted
killing during an attack on a Federal
facility with a dangerous weapon), 956(a)(1)
(relating to conspiracy to murder, kidnap, or maim persons
abroad), 1030(a)(1) (relating to protection
of computers), 1030(a)(5)(A)(i) resulting
in damage as defined in 1030(a)(5)(B)(ii) through (v)
(relating to protection of computers), 1114
(relating to killing or attempted killing
of officers and employees of the United States),
1116 (relating to murder or manslaughter of foreign
officials, official guests, or internationally
protected persons), 1203 (relating to
hostage taking), 1362 (relating to destruction of communication
lines, stations, or systems), 1363
(relating to injury to buildings or
property within special maritime and territorial jurisdiction
of the United States), 1366(a) (relating
to destruction of an energy facility),
1751(a), (b), (c), or (d) (relating to Presidential and
Presidential staff assassination and kidnaping),
1992 (relating to wrecking trains),
1993 (relating to terrorist attacks and other acts of
violence against mass transportation systems),
2155 (relating to destruction of national
defense materials, premises, or utilities),
2280 (relating to violence against maritime navigation),
2281 (relating to violence against
maritime fixed platforms), 2332 (relating
to certain homicides and other violence against United
States nationals occurring outside
of the United States), 2332a (relating to
use of weapons of mass destruction), 2332b (relating to
acts of terrorism transcending national
boundaries), 2339 (relating to harboring
terrorists), 2339A (relating to providing material support
to terrorists), 2339B (relating to providing
material support to terrorist organizations),
or 2340A (relating to torture) of this title;
`(ii) section
236 (relating to sabotage of nuclear facilities or fuel) of
the Atomic Energy Act of 1954 (42 U.S.C.
2284); or
`(iii) section
46502 (relating to aircraft piracy), the second sentence
of section 46504 (relating to assault on
a flight crew with a dangerous weapon),
section 46505(b)(3) or (c) (relating to
explosive or incendiary devices, or endangerment of human
life by means of weapons, on aircraft),
section 46506 if homicide or attempted
homicide is involved (relating to application of certain
criminal laws to acts on aircraft), or section
60123(b) (relating to destruction of
interstate gas or hazardous liquid pipeline facility) of
title 49.'.
SEC. 809. NO STATUTE OF LIMITATION FOR
CERTAIN TERRORISM OFFENSES.
(a) IN GENERAL- Section 3286 of
title 18, United States Code, is amended to read as follows:
`Sec. 3286. Extension of statute of limitation
for certain terrorism offenses
`(a) EIGHT-YEAR LIMITATION- Notwithstanding
section 3282, no person shall be prosecuted, tried, or
punished for any noncapital offense involving a violation of any
provision listed in section 2332b(g)(5)(B), or a violation
of section 112, 351(e), 1361, or 1751(e) of this title, or section
46504, 46505, or 46506 of title 49, unless the indictment
is found or the information is instituted within 8 years after
the offense was committed. Notwithstanding the preceding
sentence, offenses listed in section 3295 are subject to the
statute of limitations set forth in that section.
`(b) NO LIMITATION- Notwithstanding
any other law, an indictment may be found or an information
instituted at any time without limitation for any offense
listed in section 2332b(g)(5)(B), if the commission of
such offense resulted in, or created a forseeable risk of, death
or serious bodily injury to another person.'.
(b) APPLICATION- The amendments
made by this section shall apply to the prosecution of any offense
committed before, on, or after the date of the enactment
of this section.
SEC. 810. ALTERNATE MAXIMUM PENALTIES
FOR TERRORISM OFFENSES.
(a) ARSON- Section 81 of title
18, United States Code, is amended in the second undesignated
paragraph by striking `not more than twenty years' and
inserting `for any term of years or for life'.
(b) DESTRUCTION OF AN ENERGY FACILITY-
Section 1366 of title 18, United States Code, is amended--
(1) in subsection (a), by
striking `ten' and inserting `20'; and
(2) by adding at the end
the following:
`(d) Whoever is convicted of a
violation of subsection (a) or (b) that has resulted in the death
of any person shall be subject to imprisonment for any
term of years or life.'.
(c) MATERIAL SUPPORT TO TERRORISTS-
Section 2339A(a) of title 18, United States Code, is amended--
(1) by striking `10' and
inserting `15'; and
(2) by striking the period
and inserting `, and, if the death of any person results, shall
be imprisoned for any term of years or for life.'.
(d) MATERIAL SUPPORT TO DESIGNATED
FOREIGN TERRORIST ORGANIZATIONS- Section 2339B(a)(1) of title
18, United States Code, is amended--
(1) by striking `10' and
inserting `15'; and
(2) by striking the period
after `or both' and inserting `, and, if the death of any person
results, shall be imprisoned for any term of years
or for life.'.
(e) DESTRUCTION OF NATIONAL-DEFENSE
MATERIALS- Section 2155(a) of title 18, United States Code, is
amended--
(1) by striking `ten' and
inserting `20'; and
(2) by striking the period
at the end and inserting `, and, if death results to any person,
shall be imprisoned for any term of years or for
life.'.
(f) SABOTAGE OF NUCLEAR FACILITIES
OR FUEL- Section 236 of the Atomic Energy Act of 1954 (42 U.S.C.
2284), is amended--
(1) by striking `ten' each
place it appears and inserting `20';
(2) in subsection (a), by
striking the period at the end and inserting `, and, if death
results to any person, shall be imprisoned for any
term of years or for life.'; and
(3) in subsection (b), by
striking the period at the end and inserting `, and, if death
results to any person, shall be imprisoned for any
term of years or for life.'.
(g) SPECIAL AIRCRAFT JURISDICTION
OF THE UNITED STATES- Section 46505(c) of title 49, United States
Code, is amended--
(1) by striking `15' and
inserting `20'; and
(2) by striking the period
at the end and inserting `, and, if death results to any person,
shall be imprisoned for any term of years or for
life.'.
(h) DAMAGING OR DESTROYING AN INTERSTATE
GAS OR HAZARDOUS LIQUID PIPELINE FACILITY- Section 60123(b)
of title 49, United States Code, is amended--
(1) by striking `15' and
inserting `20'; and
(2) by striking the period
at the end and inserting `, and, if death results to any person,
shall be imprisoned for any term of years or for
life.'.
SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.
(a) ARSON- Section 81 of title
18, United States Code, is amended in the first undesignated paragraph--
(1) by striking `, or attempts
to set fire to or burn'; and
(2) by inserting `or attempts
or conspires to do such an act,' before `shall be imprisoned'.
(b) KILLINGS IN FEDERAL FACILITIES-
Section 930(c) of title 18, United States Code, is amended--
(1) by striking `or attempts
to kill';
(2) by inserting `or attempts
or conspires to do such an act,' before `shall be punished'; and
(3) by striking `and 1113'
and inserting `1113, and 1117'.
(c) COMMUNICATIONS LINES, STATIONS,
OR SYSTEMS- Section 1362 of title 18, United States Code, is
amended in the first undesignated paragraph--
(1) by striking `or attempts
willfully or maliciously to injure or destroy'; and
(2) by inserting `or attempts
or conspires to do such an act,' before `shall be fined'.
(d) BUILDINGS OR PROPERTY WITHIN
SPECIAL MARITIME AND TERRITORIAL JURISDICTION- Section 1363 of
title 18, United States Code, is amended--
(1) by striking `or attempts
to destroy or injure'; and
(2) by inserting `or attempts
or conspires to do such an act,' before `shall be fined' the first
place it appears.
(e) WRECKING TRAINS- Section 1992
of title 18, United States Code, is amended by adding at the end
the following:
`(c) A person who conspires to
commit any offense defined in this section shall be subject to
the same penalties (other than the penalty of death) as
the penalties prescribed for the offense, the commission of
which was the object of the conspiracy.'.
(f) MATERIAL SUPPORT TO TERRORISTS-
Section 2339A of title 18, United States Code, is amended by
inserting `or attempts or conspires to do such an act,'
before `shall be fined'.
(g) TORTURE- Section 2340A of title
18, United States Code, is amended by adding at the end the
following:
`(c) CONSPIRACY- A person who conspires
to commit an offense under this section shall be subject to the
same penalties (other than the penalty of death) as the
penalties prescribed for the offense, the commission of
which was the object of the conspiracy.'.
(h) SABOTAGE OF NUCLEAR FACILITIES
OR FUEL- Section 236 of the Atomic Energy Act of 1954 (42 U.S.C.
2284), is amended--
(1) in subsection (a)--
(A) by striking `,
or who intentionally and willfully attempts to destroy or cause
physical damage to';
(B) in paragraph (4),
by striking the period at the end and inserting a comma;
and
(C) by inserting `or
attempts or conspires to do such an act,' before `shall be
fined'; and
(2) in subsection (b)--
(A) by striking `or
attempts to cause'; and
(B) by inserting `or
attempts or conspires to do such an act,' before `shall be
fined'.
(i) INTERFERENCE WITH FLIGHT CREW
MEMBERS AND ATTENDANTS- Section 46504 of title 49, United
States Code, is amended by inserting `or attempts or conspires
to do such an act,' before `shall be fined'.
(j) SPECIAL AIRCRAFT JURISDICTION
OF THE UNITED STATES- Section 46505 of title 49, United States
Code, is amended by adding at the end the following:
`(e) CONSPIRACY- If two or more
persons conspire to violate subsection (b) or (c), and one or
more of such persons do any act to effect the object of
the conspiracy, each of the parties to such conspiracy shall
be punished as provided in such subsection.'.
(k) DAMAGING OR DESTROYING AN INTERSTATE
GAS OR HAZARDOUS LIQUID PIPELINE FACILITY- Section 60123(b)
of title 49, United States Code, is amended--
(1) by striking `, or attempting
to damage or destroy,'; and
(2) by inserting `, or attempting
or conspiring to do such an act,' before `shall be fined'.
SEC. 812. POST-RELEASE SUPERVISION OF
TERRORISTS.
Section 3583 of title 18, United
States Code, is amended by adding at the end the following:
`(j) SUPERVISED RELEASE TERMS FOR
TERRORISM PREDICATES- Notwithstanding subsection (b), the
authorized term of supervised release for any offense listed
in section 2332b(g)(5)(B), the commission of which resulted
in, or created a foreseeable risk of, death or serious bodily
injury to another person, is any term of years or life.'.
SEC. 813. INCLUSION OF ACTS OF TERRORISM
AS RACKETEERING ACTIVITY.
Section 1961(1) of title 18, United
States Code, is amended--
(1) by striking `or (F)'
and inserting `(F)'; and
(2) by inserting before
the semicolon at the end the following: `, or (G) any act that
is indictable under any provision listed in section
2332b(g)(5)(B)'.
SEC. 814. DETERRENCE AND PREVENTION OF
CYBERTERRORISM.
(a) CLARIFICATION OF PROTECTION
OF PROTECTED COMPUTERS- Section 1030(a)(5) of title 18, United
States Code, is amended--
(1) by inserting `(i)' after
`(A)';
(2) by redesignating subparagraphs
(B) and (C) as clauses (ii) and (iii), respectively;
(3) by adding `and' at the
end of clause (iii), as so redesignated; and
(4) by adding at the end
the following:
`(B) by conduct described
in clause (i), (ii), or (iii) of subparagraph (A), caused
(or, in the case of an attempted offense, would,
if completed, have caused)--
`(i) loss to
1 or more persons during any 1-year period (and, for
purposes of an investigation, prosecution, or
other proceeding brought by the United
States only, loss resulting from a related
course of conduct affecting 1 or more other protected
computers) aggregating at least $5,000
in value;
`(ii) the modification
or impairment, or potential modification or
impairment, of the medical examination, diagnosis, treatment,
or care of 1 or more individuals;
`(iii) physical
injury to any person;
`(iv) a threat
to public health or safety; or
`(v) damage
affecting a computer system used by or for a
government entity in furtherance of the administration
of justice, national defense, or national
security;'.
(b) PROTECTION FROM EXTORTION-
Section 1030(a)(7) of title 18, United States Code, is amended
by striking `, firm, association, educational institution,
financial institution, government entity, or other legal
entity,'.
(c) PENALTIES- Section 1030(c)
of title 18, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph
(A) --
(i) by inserting
`except as provided in subparagraph (B),' before `a
fine';
(ii) by striking
`(a)(5)(C)' and inserting `(a)(5)(A)(iii)'; and
(iii) by striking
`and' at the end;
(B) in subparagraph
(B), by inserting `or an attempt to commit an offense
punishable under this subparagraph,' after `subsection
(a)(2),' in the matter preceding clause (i);
and
(C) in subparagraph
(C), by striking `and' at the end;
(2) in paragraph (3)--
(A) by striking `,
(a)(5)(A), (a)(5)(B),' both places it appears; and
(B) by striking `(a)(5)(C)'
and inserting `(a)(5)(A)(iii)'; and
(3) by adding at the end
the following:
`(4)(A) a fine under this
title, imprisonment for not more than 10 years, or both, in the
case of an offense under subsection (a)(5)(A)(i),
or an attempt to commit an offense punishable under
that subsection;
`(B) a fine under this title,
imprisonment for not more than 5 years, or both, in the case of
an offense under subsection (a)(5)(A)(ii), or an
attempt to commit an offense punishable under that
subsection;
`(C) a fine under this title,
imprisonment for not more than 20 years, or both, in the case
of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii),
or an attempt to commit an offense punishable under
either subsection, that occurs after a conviction for another
offense under this section.'.
(d) DEFINITIONS- Section 1030(e)
of title 18, United States Code is amended--
(1) in paragraph (2)(B),
by inserting `, including a computer located outside the United
States that is used in a manner that affects interstate
or foreign commerce or communication of the United
States' before the semicolon;
(2) in paragraph (7), by
striking `and' at the end;
(3) by striking paragraph
(8) and inserting the following:
`(8) the term `damage' means
any impairment to the integrity or availability of data, a
program, a system, or information;';
(4) in paragraph (9), by
striking the period at the end and inserting a semicolon; and
(5) by adding at the end
the following:
`(10) the term `conviction'
shall include a conviction under the law of any State for a crime
punishable by imprisonment for more than 1 year,
an element of which is unauthorized access, or exceeding
authorized access, to a computer;
`(11) the term `loss' means
any reasonable cost to any victim, including the cost of
responding to an offense, conducting a damage assessment,
and restoring the data, program, system, or information
to its condition prior to the offense, and any revenue lost,
cost incurred, or other consequential damages incurred
because of interruption of service; and
`(12) the term `person'
means any individual, firm, corporation, educational institution,
financial institution, governmental entity, or legal
or other entity.'.
(e) DAMAGES IN CIVIL ACTIONS- Section
1030(g) of title 18, United States Code is amended--
(1) by striking the second
sentence and inserting the following: `A civil action for a violation
of this section may be brought only if the conduct
involves 1 of the factors set forth in clause (i),
(ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for
a violation involving only conduct described in
subsection (a)(5)(B)(i) are limited to economic damages.'; and
(2) by adding at the end
the following: `No action may be brought under this subsection
for the negligent design or manufacture of computer
hardware, computer software, or firmware.'.
(f) AMENDMENT OF SENTENCING GUIDELINES
RELATING TO CERTAIN COMPUTER FRAUD AND ABUSE- Pursuant
to its authority under section 994(p) of title 28, United States
Code, the United States Sentencing Commission shall amend
the Federal sentencing guidelines to ensure that any individual
convicted of a violation of section 1030 of title 18, United
States Code, can be subjected to appropriate penalties,
without regard to any mandatory minimum term of imprisonment.
SEC. 815. ADDITIONAL DEFENSE TO CIVIL
ACTIONS RELATING TO PRESERVING RECORDS IN RESPONSE TO GOVERNMENT
REQUESTS.
Section 2707(e)(1) of title 18,
United States Code, is amended by inserting after `or statutory
authorization' the following: `(including a request of
a governmental entity under section 2703(f) of this title)'.
SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY
FORENSIC CAPABILITIES.
(a) IN GENERAL- The Attorney General
shall establish such regional computer forensic laboratories as
the Attorney General considers appropriate, and provide
support to existing computer forensic laboratories, in
order that all such computer forensic laboratories have the capability--
(1) to provide forensic
examinations with respect to seized or intercepted computer evidence
relating to criminal activity (including cyberterrorism);
(2) to provide training
and education for Federal, State, and local law enforcement personnel
and prosecutors regarding investigations, forensic
analyses, and prosecutions of computer-related crime
(including cyberterrorism);
(3) to assist Federal, State,
and local law enforcement in enforcing Federal, State, and local
criminal laws relating to computer-related crime;
(4) to facilitate and promote
the sharing of Federal law enforcement expertise and
information about the investigation, analysis, and prosecution
of computer-related crime with State and local law
enforcement personnel and prosecutors, including the use of
multijurisdictional task forces; and
(5) to carry out such other
activities as the Attorney General considers appropriate.
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) AUTHORIZATION- There
is hereby authorized to be appropriated in each fiscal year
$50,000,000 for purposes of carrying out this section.
(2) AVAILABILITY- Amounts
appropriated pursuant to the authorization of appropriations in
paragraph (1) shall remain available until expended.
SEC. 817. EXPANSION OF THE BIOLOGICAL
WEAPONS STATUTE.
Chapter 10 of title 18, United
States Code, is amended--
(1) in section 175--
(A) in subsection
(b)--
(i) by striking
`does not include' and inserting `includes';
(ii) by inserting
`other than' after `system for'; and
(iii) by inserting
`bona fide research' after `protective';
(B) by redesignating
subsection (b) as subsection (c); and
(C) by inserting after
subsection (a) the following:
`(b) ADDITIONAL OFFENSE- Whoever
knowingly possesses any biological agent, toxin, or delivery system
of a type or in a quantity that, under the circumstances,
is not reasonably justified by a prophylactic, protective,
bona fide research, or other peaceful purpose, shall be fined
under this title, imprisoned not more than 10 years, or
both. In this subsection, the terms `biological agent' and `toxin'
do not encompass any biological agent or toxin that is
in its naturally occurring environment, if the biological
agent or toxin has not been cultivated, collected, or otherwise
extracted from its natural source.';
(2) by inserting after section
175a the following:
`SEC. 175b. POSSESSION BY RESTRICTED PERSONS.
`(a) No restricted person described
in subsection (b) shall ship or transport interstate or foreign
commerce, or possess in or affecting commerce, any biological
agent or toxin, or receive any biological agent or toxin
that has been shipped or transported in interstate or foreign
commerce, if the biological agent or toxin is listed as
a select agent in subsection (j) of section 72.6 of title 42,
Code of Federal Regulations, pursuant to section 511(d)(l)
of the Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132), and is not exempted under subsection
(h) of such section 72.6, or appendix A of part 72 of the
Code of Regulations.
`(b) In this section:
`(1) The term `select agent'
does not include any such biological agent or toxin that is in
its naturally-occurring environment, if the biological
agent or toxin has not been cultivated, collected,
or otherwise extracted from its natural source.
`(2) The term `restricted person'
means an individual who--
`(A) is under indictment
for a crime punishable by imprisonment for a term
exceeding 1 year;
`(B) has been convicted
in any court of a crime punishable by imprisonment for a
term exceeding 1 year;
`(C) is a fugitive
from justice;
`(D) is an unlawful
user of any controlled substance (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802));
`(E) is an alien illegally
or unlawfully in the United States;
`(F) has been adjudicated
as a mental defective or has been committed to any
mental institution;
`(G) is an alien (other
than an alien lawfully admitted for permanent residence)
who is a national of a country as to which the
Secretary of State, pursuant to section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),
section 620A of chapter 1 of part M of the
Foreign Assistance Act of 1961 (22 U.S.C.
2371), or section 40(d) of chapter 3 of the Arms Export Control
Act (22 U.S.C. 2780(d)), has made a determination
(that remains in effect) that such country
has repeatedly provided support for acts of international terrorism;
or
`(H) has been discharged
from the Armed Services of the United States under
dishonorable conditions.
`(3) The term `alien' has
the same meaning as in section 1010(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)).
`(4) The term `lawfully
admitted for permanent residence' has the same meaning as in
section 101(a)(20) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(20)).
`(c) Whoever knowingly violates
this section shall be fined as provided in this title, imprisoned
not more than 10 years, or both, but the prohibition contained
in this section shall not apply with respect to any duly
authorized United States governmental activity.'; and
(3) in the chapter analysis,
by inserting after the item relating to section 175a the following:
`175b. Possession by restricted
persons.'.
TITLE IX--IMPROVED INTELLIGENCE
SEC. 901. RESPONSIBILITIES OF DIRECTOR
OF CENTRAL INTELLIGENCE REGARDING FOREIGN INTELLIGENCE COLLECTED
UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 103(c) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)) is amended--
(1) by redesignating paragraphs
(6) and (7) as paragraphs (7) and (8), respectively; and
(2) by inserting after paragraph
(5) the following new paragraph (6):
`(6) establish requirements
and priorities for foreign intelligence information to be collected
under the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.), and provide assistance
to the Attorney General to ensure that information derived from
electronic surveillance or physical searches under
that Act is disseminated so it may be used efficiently
and effectively for foreign intelligence purposes, except
that the Director shall have no authority to direct,
manage, or undertake electronic surveillance or physical search
operations pursuant to that Act unless otherwise
authorized by statute or executive order;'.
SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST
ACTIVITIES WITHIN SCOPE OF FOREIGN INTELLIGENCE UNDER NATIONAL
SECURITY ACT OF 1947.
Section 3 of the National Security
Act of 1947 (50 U.S.C. 401a) is amended--
(1) in paragraph (2), by
inserting before the period the following: `, or international
terrorist activities'; and
(2) in paragraph (3), by
striking `and activities conducted' and inserting `, and activities
conducted,'.
SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT
AND MAINTENANCE OF INTELLIGENCE RELATIONSHIPS TO ACQUIRE INFORMATION
ON TERRORISTS AND TERRORIST ORGANIZATIONS.
It is the sense of Congress that
officers and employees of the intelligence community of the Federal
Government, acting within the course of their official
duties, should be encouraged, and should make every effort,
to establish and maintain intelligence relationships with any
person, entity, or group for the purpose of engaging in
lawful intelligence activities, including the acquisition of information
on the identity, location, finances, affiliations, capabilities,
plans, or intentions of a terrorist or terrorist organization,
or information on any other person, entity, or group (including
a foreign government) engaged in harboring, comforting,
financing, aiding, or assisting a terrorist or terrorist organization.
SEC. 904. TEMPORARY AUTHORITY TO DEFER
SUBMITTAL TO CONGRESS OF REPORTS ON INTELLIGENCE AND INTELLIGENCE-RELATED
MATTERS.
(a) AUTHORITY TO DEFER- The Secretary
of Defense, Attorney General, and Director of Central Intelligence
each may, during the effective period of this section,
defer the date of submittal to Congress of any covered
intelligence report under the jurisdiction of such official until
February 1, 2002.
(b) COVERED INTELLIGENCE REPORT-
Except as provided in subsection (c), for purposes of subsection
(a), a covered intelligence report is as follows:
(1) Any report on intelligence
or intelligence-related activities of the United States
Government that is required to be submitted to Congress
by an element of the intelligence community during
the effective period of this section.
(2) Any report or other
matter that is required to be submitted to the Select Committee
on Intelligence of the Senate and Permanent Select
Committee on Intelligence of the House of Representatives
by the Department of Defense or the Department of Justice during
the effective period of this section.
(c) EXCEPTION FOR CERTAIN REPORTS-
For purposes of subsection (a), any report required by section
502 or 503 of the National Security Act of 1947 (50 U.S.C.
413a, 413b) is not a covered intelligence report.
(d) NOTICE TO CONGRESS- Upon deferring
the date of submittal to Congress of a covered intelligence
report under subsection (a), the official deferring the date
of submittal of the covered intelligence report shall submit
to Congress notice of the deferral. Notice of deferral of a report
shall specify the provision of law, if any, under which
the report would otherwise be submitted to Congress.
(e) EXTENSION OF DEFERRAL- (1)
Each official specified in subsection (a) may defer the date of
submittal to Congress of a covered intelligence report
under the jurisdiction of such official to a date after February
1, 2002, if such official submits to the committees of
Congress specified in subsection (b)(2) before February
1, 2002, a certification that preparation and submittal of the
covered intelligence report on February 1, 2002, will impede
the work of officers or employees who are engaged in counterterrorism
activities.
(2) A certification under paragraph
(1) with respect to a covered intelligence report shall specify
the date on which the covered intelligence report will
be submitted to Congress.
(f) EFFECTIVE PERIOD- The effective
period of this section is the period beginning on the date of
the enactment of this Act and ending on February 1, 2002.
(g) ELEMENT OF THE INTELLIGENCE
COMMUNITY DEFINED- In this section, the term `element of the
intelligence community' means any element of the intelligence
community specified or designated under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL
INTELLIGENCE OF FOREIGN INTELLIGENCE-RELATED INFORMATION WITH
RESPECT TO CRIMINAL INVESTIGATIONS.
(a) IN GENERAL- Title I of the
National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended--
(1) by redesignating subsection
105B as section 105C; and
(2) by inserting after section
105A the following new section 105B:
`DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED
IN CRIMINAL INVESTIGATIONS; NOTICE OF CRIMINAL INVESTIGATIONS
OF FOREIGN INTELLIGENCE SOURCES
`SEC. 105B. (a) DISCLOSURE OF FOREIGN
INTELLIGENCE- (1) Except as otherwise provided by law and
subject to paragraph (2), the Attorney General, or the head
of any other department or agency of the Federal Government
with law enforcement responsibilities, shall expeditiously disclose
to the Director of Central Intelligence, pursuant to guidelines
developed by the Attorney General in consultation with the
Director, foreign intelligence acquired by an element of the
Department of Justice or an element of such department
or agency, as the case may be, in the course of a criminal investigation.
`(2) The Attorney General by regulation
and in consultation with the Director of Central Intelligence
may provide for exceptions to the applicability of paragraph
(1) for one or more classes of foreign intelligence, or
foreign intelligence with respect to one or more targets or matters,
if the Attorney General determines that disclosure of such
foreign intelligence under that paragraph would jeopardize an
ongoing law enforcement investigation or impair other significant
law enforcement interests.
`(b) PROCEDURES FOR NOTICE OF CRIMINAL
INVESTIGATIONS- Not later than 180 days after the date of
enactment of this section, the Attorney General, in consultation
with the Director of Central Intelligence, shall develop
guidelines to ensure that after receipt of a report from an element
of the intelligence community of activity of a foreign
intelligence source or potential foreign intelligence source that
may warrant investigation as criminal activity, the Attorney
General provides notice to the Director of Central Intelligence,
within a reasonable period of time, of his intention to commence,
or decline to commence, a criminal investigation of such
activity.
`(c) PROCEDURES- The Attorney General
shall develop procedures for the administration of this section,
including the disclosure of foreign intelligence by elements
of the Department of Justice, and elements of other departments
and agencies of the Federal Government, under subsection (a) and
the provision of notice with respect to criminal investigations
under subsection (b).'.
(b) CLERICAL AMENDMENT- The table
of contents in the first section of that Act is amended by striking
the item relating to section 105B and inserting the following
new items:
`Sec. 105B. Disclosure of
foreign intelligence acquired in criminal investigations; notice
of criminal investigations of foreign intelligence
sources.
`Sec. 105C. Protection of
the operational files of the National Imagery and Mapping Agency.'.
SEC. 906. FOREIGN TERRORIST ASSET TRACKING
CENTER.
(a) REPORT ON RECONFIGURATION-
Not later than February 1, 2002, the Attorney General, the Director
of Central Intelligence, and the Secretary of the Treasury
shall jointly submit to Congress a report on the feasibility
and desirability of reconfiguring the Foreign Terrorist Asset
Tracking Center and the Office of Foreign Assets Control
of the Department of the Treasury in order to establish a capability
to provide for the effective and efficient analysis and
dissemination of foreign intelligence relating to the financial
capabilities and resources of international terrorist organizations.
(b) REPORT REQUIREMENTS- (1) In
preparing the report under subsection (a), the Attorney General,
the Secretary, and the Director shall consider whether,
and to what extent, the capacities and resources of the
Financial Crimes Enforcement Center of the Department of the Treasury
may be integrated into the capability contemplated by the
report.
(2) If the Attorney General, Secretary,
and the Director determine that it is feasible and desirable to
undertake the reconfiguration described in subsection (a)
in order to establish the capability described in that
subsection, the Attorney General, the Secretary, and the Director
shall include with the report under that subsection a detailed
proposal for legislation to achieve the reconfiguration.
SEC. 907. NATIONAL VIRTUAL TRANSLATION
CENTER.
(a) REPORT ON ESTABLISHMENT- (1)
Not later than February 1, 2002, the Director of Central Intelligence
shall, in consultation with the Director of the Federal
Bureau of Investigation, submit to the appropriate committees
of Congress a report on the establishment and maintenance within
the intelligence community of an element for purposes of
providing timely and accurate translations of foreign intelligence
for all other elements of the intelligence community. In
the report, the element shall be referred to as the `National
Virtual Translation Center'.
(2) The report on the element described
in paragraph (1) shall discuss the use of state-of-the-art
communications technology, the integration of existing translation
capabilities in the intelligence community, and the utilization
of remote-connection capacities so as to minimize the need for
a central physical facility for the element.
(b) RESOURCES- The report on the
element required by subsection (a) shall address the following:
(1) The assignment to the
element of a staff of individuals possessing a broad range of
linguistic and translation skills appropriate for
the purposes of the element.
(2) The provision to the
element of communications capabilities and systems that are
commensurate with the most current and sophisticated
communications capabilities and systems available
to other elements of intelligence community.
(3) The assurance, to the
maximum extent practicable, that the communications capabilities
and systems provided to the element will be compatible
with communications capabilities and systems utilized
by the Federal Bureau of Investigation in securing timely and
accurate translations of foreign language materials
for law enforcement investigations.
(4) The development of a
communications infrastructure to ensure the efficient and secure
use of the translation capabilities of the element.
(c) SECURE COMMUNICATIONS- The
report shall include a discussion of the creation of secure electronic
communications between the element described by subsection
(a) and the other elements of the intelligence community.
(d) DEFINITIONS- In this section:
(1) FOREIGN INTELLIGENCE-
The term `foreign intelligence' has the meaning given that term
in section 3(2) of the National Security Act of
1947 (50 U.S.C. 401a(2)).
(2) ELEMENT OF THE INTELLIGENCE
COMMUNITY- The term `element of the intelligence
community' means any element of the intelligence community specified
or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 908. TRAINING OF GOVERNMENT OFFICIALS
REGARDING IDENTIFICATION AND USE OF FOREIGN INTELLIGENCE.
(a) PROGRAM REQUIRED- The Attorney
General shall, in consultation with the Director of Central
Intelligence, carry out a program to provide appropriate
training to officials described in subsection (b) in order
to assist such officials in--
(1) identifying foreign
intelligence information in the course of their duties; and
(2) utilizing foreign intelligence
information in the course of their duties, to the extent that
the utilization of such information is appropriate
for such duties.
(b) OFFICIALS- The officials provided
training under subsection (a) are, at the discretion of the Attorney
General and the Director, the following:
(1) Officials of the Federal
Government who are not ordinarily engaged in the collection,
dissemination, and use of foreign intelligence in
the performance of their duties.
(2) Officials of State and
local governments who encounter, or may encounter in the course
of a terrorist event, foreign intelligence in the
performance of their duties.
(c) AUTHORIZATION OF APPROPRIATIONS-
There is hereby authorized to be appropriated for the Department
of Justice such sums as may be necessary for purposes of carrying
out the program required by subsection (a).
TITLE X--MISCELLANEOUS
SEC. 1001. REVIEW OF THE DEPARTMENT OF
JUSTICE.
The Inspector General of the Department
of Justice shall designate one official who shall--
(1) review information and
receive complaints alleging abuses of civil rights and civil liberties
by employees and officials of the Department of
Justice;
(2) make public through
the Internet, radio, television, and newspaper advertisements
information on the responsibilities and functions
of, and how to contact, the official; and
(3) submit to the Committee
on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate on a semi-annual
basis a report on the implementation of this subsection
and detailing any abuses described in paragraph (1),
including a description of the use of funds appropriations
used to carry out this subsection.
SEC. 1002. SENSE OF CONGRESS.
(a) FINDINGS- Congress finds that--
(1) all Americans are united
in condemning, in the strongest possible terms, the terrorists
who planned and carried out the attacks against
the United States on September 11, 2001, and in
pursuing all those responsible for those attacks and their sponsors
until they are brought to justice;
(2) Sikh-Americans form
a vibrant, peaceful, and law-abiding part of America's people;
(3) approximately 500,000
Sikhs reside in the United States and are a vital part of the
Nation;
(4) Sikh-Americans stand
resolutely in support of the commitment of our Government to bring
the terrorists and those that harbor them to justice;
(5) the Sikh faith is a
distinct religion with a distinct religious and ethnic identity
that has its own places of worship and a distinct
holy text and religious tenets;
(6) many Sikh-Americans,
who are easily recognizable by their turbans and beards, which
are required articles of their faith, have suffered
both verbal and physical assaults as a result of
misguided anger toward Arab-Americans and Muslim-Americans in
the wake of the September 11, 2001 terrorist attack;
(7) Sikh-Americans, as do
all Americans, condemn acts of prejudice against any American;
and
(8) Congress is seriously
concerned by the number of crimes against Sikh-Americans and
other Americans all across the Nation that have been
reported in the wake of the tragic events that unfolded
on September 11, 2001.
(b) SENSE OF CONGRESS- Congress--
(1) declares that, in the
quest to identify, locate, and bring to justice the perpetrators
and sponsors of the terrorist attacks on the United
States on September 11, 2001, the civil rights and
civil liberties of all Americans, including Sikh-Americans, should
be protected;
(2) condemns bigotry and
any acts of violence or discrimination against any Americans,
including Sikh-Americans;
(3) calls upon local and
Federal law enforcement authorities to work to prevent crimes
against all Americans, including Sikh-Americans;
and
(4) calls upon local and
Federal law enforcement authorities to prosecute to the fullest
extent of the law all those who commit crimes.
SEC. 1003. DEFINITION OF `ELECTRONIC SURVEILLANCE'.
Section 101(f)(2) of the Foreign
Intelligence Surveillance Act (50 U.S.C. 1801(f)(2)) is amended
by adding at the end before the semicolon the following:
`, but does not include the acquisition of those communications
of computer trespassers that would be permissible under section
2511(2)(i) of title 18, United States Code'.
SEC. 1004. VENUE IN MONEY LAUNDERING CASES.
Section 1956 of title 18, United
States Code, is amended by adding at the end the following:
`(i) VENUE- (1) Except as provided
in paragraph (2), a prosecution for an offense under this section
or section 1957 may be brought in--
`(A) any district in which
the financial or monetary transaction is conducted; or
`(B) any district where
a prosecution for the underlying specified unlawful activity could
be brought, if the defendant participated in the
transfer of the proceeds of the specified unlawful
activity from that district to the district where the financial
or monetary transaction is conducted.
`(2) A prosecution for an attempt
or conspiracy offense under this section or section 1957 may be
brought in the district where venue would lie for the completed
offense under paragraph (1), or in any other district where
an act in furtherance of the attempt or conspiracy took place.
`(3) For purposes of this section,
a transfer of funds from 1 place to another, by wire or any other
means, shall constitute a single, continuing transaction.
Any person who conducts (as that term is defined in subsection
(c)(2)) any portion of the transaction may be charged in any district
in which the transaction takes place.'.
SEC. 1005. FIRST RESPONDERS ASSISTANCE
ACT.
(a) GRANT AUTHORIZATION- The Attorney
General shall make grants described in subsections (b) and (c)
to States and units of local government to improve the
ability of State and local law enforcement, fire department
and first responders to respond to and prevent acts of terrorism.
(b) TERRORISM PREVENTION GRANTS-
Terrorism prevention grants under this subsection may be used
for programs, projects, and other activities to--
(1) hire additional law
enforcement personnel dedicated to intelligence gathering and
analysis functions, including the formation of full-time
intelligence and analysis units;
(2) purchase technology
and equipment for intelligence gathering and analysis functions,
including wire-tap, pen links, cameras, and computer
hardware and software;
(3) purchase equipment for
responding to a critical incident, including protective equipment
for patrol officers such as quick masks;
(4) purchase equipment for
managing a critical incident, such as communications equipment
for improved interoperability among surrounding
jurisdictions and mobile command posts for overall
scene management; and
(5) fund technical assistance
programs that emphasize coordination among neighboring law
enforcement agencies for sharing resources, and resources
coordination among law enforcement agencies for
combining intelligence gathering and analysis functions, and the
development of policy, procedures, memorandums of
understanding, and other best practices.
(c) ANTITERRORISM TRAINING GRANTS-
Antiterrorism training grants under this subsection may be used
for programs, projects, and other activities to address--
(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 followup
investigations; and
(6) stabilizing a community
after a terrorist incident.
(d) APPLICATION-
(1) IN GENERAL- Each eligible
entity that desires to receive a grant under this section shall
submit an application to the Attorney General, at
such time, in such manner, and accompanied by such
additional information as the Attorney General may reasonably
require.
(2) CONTENTS- Each application
submitted pursuant to paragraph (1) shall--
(A) describe the activities
for which assistance under this section is sought; and
(B) provide such additional
assurances as the Attorney General determines to be
essential to ensure compliance with the requirements
of this section.
(e) MINIMUM AMOUNT- If all applications
submitted by a State or units of local government within that
State have not been funded under this section in any fiscal
year, that State, if it qualifies, and the units of local
government within that State, shall receive in that fiscal year
not less than 0.5 percent of the total amount appropriated
in that fiscal year for grants under this section.
(f) AUTHORIZATION OF APPROPRIATIONS-
There are authorized to be appropriated $25,000,000 for each
of the fiscal years 2003 through 2007.
SEC. 1006. INADMISSIBILITY OF ALIENS ENGAGED
IN MONEY LAUNDERING.
(a) AMENDMENT TO IMMIGRATION AND
NATIONALITY ACT- Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding
at the end the following:
`(I) MONEY LAUNDERING-
Any alien--
`(i) who a
consular officer or the Attorney General knows, or has
reason to believe, has engaged, is engaging,
or seeks to enter the United States
to engage, in an offense which is described in section
1956 or 1957 of title 18, United States Code
(relating to laundering of monetary
instruments); or
`(ii) who a
consular officer or the Attorney General knows is, or has
been, a knowing aider, abettor, assister,
conspirator, or colluder with others
in an offense which is described in such section;
is inadmissible.'.
(b) MONEY LAUNDERING WATCHLIST-
Not later than 90 days after the date of the enactment of this
Act, the Secretary of State shall develop, implement, and
certify to the Congress that there has been established
a money laundering watchlist, which identifies individuals worldwide
who are known or suspected of money laundering, which is
readily accessible to, and shall be checked by, a consular or
other Federal official prior to the issuance of a visa
or admission to the United States. The Secretary of State
shall develop and continually update the watchlist in cooperation
with the Attorney General, the Secretary of the Treasury,
and the Director of Central Intelligence.
SEC. 1007. AUTHORIZATION OF FUNDS FOR
DEA POLICE TRAINING IN SOUTH AND CENTRAL ASIA.
In addition to amounts otherwise
available to carry out section 481 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291), there is authorized to be appropriated
to the President not less than $5,000,000 for fiscal year
2002 for regional antidrug training in the Republic of Turkey
by the Drug Enforcement Administration for police, as well
as increased precursor chemical control efforts in the South and
Central Asia region.
SEC. 1008. FEASIBILITY STUDY ON USE OF
BIOMETRIC IDENTIFIER SCANNING SYSTEM WITH ACCESS TO THE FBI INTEGRATED
AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AT OVERSEAS CONSULAR
POSTS AND POINTS OF ENTRY TO THE UNITED STATES.
(a) IN GENERAL- The Attorney General,
in consultation with the Secretary of State and the Secretary
of Transportation, shall conduct a study on the feasibility
of utilizing a biometric identifier (fingerprint) scanning
system, with access to the database of the Federal Bureau of Investigation
Integrated Automated Fingerprint Identification System,
at consular offices abroad and at points of entry into the
United States to enhance the ability of State Department and
immigration officials to identify aliens who may be wanted
in connection with criminal or terrorist investigations in the
United States or abroad prior to the issuance of visas
or entry into the United States.
(b) REPORT TO CONGRESS- Not later
than 90 days after the date of the enactment of this Act, the
Attorney General shall submit a report summarizing the
findings of the study authorized under subsection (a) to the
Committee on International Relations and the Committee on
the Judiciary of the House of Representatives and the Committee
on Foreign Relations and the Committee on the Judiciary of the
Senate.
SEC. 1009. STUDY OF ACCESS.
(a) IN GENERAL- Not later than
120 days after enactment of this Act, the Federal Bureau of Investigation
shall study and report to Congress on the feasibility of
providing to airlines access via computer to the names
of passengers who are suspected of terrorist activity by Federal
officials.
(b) AUTHORIZATION- There are authorized
to be appropriated not more than $250,000 to carry out
subsection (a).
SEC. 1010. TEMPORARY AUTHORITY TO CONTRACT
WITH LOCAL AND STATE GOVERNMENTS FOR PERFORMANCE OF SECURITY FUNCTIONS
AT UNITED STATES MILITARY INSTALLATIONS.
(a) IN GENERAL- Notwithstanding
section 2465 of title 10, United States Code, during the period
of time that United States armed forces are engaged in
Operation Enduring Freedom, and for the period of 180 days
thereafter, funds appropriated to the Department of Defense may
be obligated and expended for the purpose of entering into
contracts or other agreements for the performance of security
functions at any military installation or facility in the
United States with a proximately located local or State
government, or combination of such governments, whether or not
any such government is obligated to provide such services
to the general public without compensation.
(b) TRAINING- Any contract or agreement
entered into under this section shall prescribe standards for
the training and other qualifications of local government
law enforcement personnel who perform security functions
under this section in accordance with criteria established by
the Secretary of the service concerned.
(c) REPORT- One year after the
date of enactment of this section, the Secretary of Defense shall
submit a report to the Committees on Armed Services of
the Senate and the House of Representatives describing
the use of the authority granted under this section and the use
by the Department of Defense of other means to improve
the performance of security functions on military installations
and facilities located within the United States.
SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS.
(a) SHORT TITLE- This section may
be cited as the `Crimes Against Charitable Americans Act of 2001'.
(b) TELEMARKETING AND CONSUMER
FRAUD ABUSE- The Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.) is amended--
(1) in section 3(a)(2),
by inserting after `practices' the second place it appears the
following: `which shall include fraudulent charitable
solicitations, and';
(2) in section 3(a)(3)--
(A) in subparagraph
(B), by striking `and' at the end;
(B) in subparagraph
(C), by striking the period at the end and inserting `; and';
and
(C) by adding at the
end the following:
`(D) a requirement
that any person engaged in telemarketing for the solicitation
of charitable contributions, donations, or
gifts of money or any other thing of value,
shall promptly and clearly disclose to the person receiving the
call that the purpose of the call is to solicit
charitable contributions, donations, or gifts, and
make such other disclosures as the Commission considers
appropriate, including the name and mailing
address of the charitable organization on behalf of which
the solicitation is made.'; and
(3) in section 7(4), by
inserting `, or a charitable contribution, donation, or gift of
money or any other thing of value,' after `services'.
(c) RED CROSS MEMBERS OR AGENTS-
Section 917 of title 18, United States Code, is amended by striking
`one year' and inserting `5 years'.
(d) TELEMARKETING FRAUD- Section
2325(1) of title 18, United States Code, is amended--
(1) in subparagraph (A),
by striking `or' at the end;
(2) in subparagraph (B),
by striking the comma at the end and inserting `; or';
(3) by inserting after subparagraph
(B) the following:
`(C) a charitable
contribution, donation, or gift of money or any other thing of
value,'; and
(4) in the flush language,
by inserting `or charitable contributor, or donor' after `participant'.
SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT
LICENSES.
(a) LIMITATION-
(1) IN GENERAL- Chapter
51 of title 49, United States Code, is amended by inserting after
section 5103 the following new section:
`Sec. 5103a. Limitation on issuance of
hazmat licenses
`(a) LIMITATION-
`(1) ISSUANCE OF LICENSES-
A State may not issue to any individual a license to operate a
motor vehicle transporting in commerce a hazardous
material unless the Secretary of Transportation
has first determined, upon receipt of a notification under subsection
(c)(1)(B), that the individual does not pose a security
risk warranting denial of the license.
`(2) RENEWALS INCLUDED-
For the purposes of this section, the term `issue', with respect
to a license, includes renewal of the license.
`(b) HAZARDOUS MATERIALS DESCRIBED-
The limitation in subsection (a) shall apply with respect to--
`(1) any material defined
as a hazardous material by the Secretary of Transportation; and
`(2) any chemical or biological
material or agent determined by the Secretary of Health and
Human Services or the Attorney General as being a
threat to the national security of the United States.
`(c) BACKGROUND RECORDS CHECK-
`(1) IN GENERAL- Upon the
request of a State regarding issuance of a license described in
subsection (a)(1) to an individual, the Attorney
General--
`(A) shall carry out
a background records check regarding the individual; and
`(B) upon completing
the background records check, shall notify the Secretary of
Transportation of the completion and results
of the background records check.
`(2) SCOPE- A background
records check regarding an individual under this subsection shall
consist of the following:
`(A) A check of the
relevant criminal history data bases.
`(B) In the case of
an alien, a check of the relevant data bases to determine the
status of the alien under the immigration
laws of the United States.
`(C) As appropriate,
a check of the relevant international data bases through
Interpol-U.S. National Central Bureau or other
appropriate means.
`(d) REPORTING REQUIREMENT- Each
State shall submit to the Secretary of Transportation, at such
time and in such manner as the Secretary may prescribe,
the name, address, and such other information as the Secretary
may require, concerning--
`(1) each alien to whom
the State issues a license described in subsection (a); and
`(2) each other individual
to whom such a license is issued, as the Secretary may require.
`(e) ALIEN DEFINED- In this section,
the term `alien' has the meaning given the term in section 101(a)(3)
of the Immigration and Nationality Act.'.
(2) CLERICAL AMENDMENT-
The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section
5103 the following new item:
`5103a. Limitation on issuance
of hazmat licenses.'.
(b) REGULATION OF DRIVER FITNESS-
Section 31305(a)(5) of title 49, United States Code, is amended--
(1) by striking `and' at
the end of subparagraph (A);
(2) by inserting `and' at
the end of subparagraph (B); and
(3) by adding at the end
the following new subparagraph:
`(C) is licensed by
a State to operate the vehicle after having first been
determined under section 5103a of this title as not
posing a security risk warranting denial of
the license.'.
(c) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated for the Department of
Transportation and the Department of Justice such amounts
as may be necessary to carry out section 5103a of title
49, United States Code, as added by subsection (a).
SEC. 1013. EXPRESSING THE SENSE OF THE
SENATE CONCERNING THE PROVISION OF FUNDING FOR BIOTERRORISM PREPAREDNESS
AND RESPONSE.
(a) FINDINGS- The Senate finds
the following:
(1) Additional steps must
be taken to better prepare the United States to respond to
potential bioterrorism attacks.
(2) The threat of a bioterrorist
attack is still remote, but is increasing for a variety of reasons,
including--
(A) public pronouncements
by Osama bin Laden that it is his religious duty to
acquire weapons of mass destruction, including chemical
and biological weapons;
(B) the callous disregard
for innocent human life as demonstrated by the
terrorists' attacks of September 11, 2001;
(C) the resources
and motivation of known terrorists and their sponsors and
supporters to use biological warfare;
(D) recent scientific
and technological advances in agent delivery technology such
as aerosolization that have made weaponization
of certain germs much easier; and
(E) the increasing
access to the technologies and expertise necessary to
construct and deploy chemical and biological weapons
of mass destruction.
(3) Coordination of Federal,
State, and local terrorism research, preparedness, and response
programs must be improved.
(4) States, local areas,
and public health officials must have enhanced resources and
expertise in order to respond to a potential bioterrorist
attack.
(5) National, State, and
local communication capacities must be enhanced to combat the
spread of chemical and biological illness.
(6) Greater resources must
be provided to increase the capacity of hospitals and local health
care workers to respond to public health threats.
(7) Health care professionals
must be better trained to recognize, diagnose, and treat
illnesses arising from biochemical attacks.
(8) Additional supplies
may be essential to increase the readiness of the United States
to respond to a bio-attack.
(9) Improvements must be
made in assuring the safety of the food supply.
(10) New vaccines and treatments
are needed to assure that we have an adequate response
to a biochemical attack.
(11) Government research,
preparedness, and response programs need to utilize private
sector expertise and resources.
(12) Now is the time to
strengthen our public health system and ensure that the United
States is adequately prepared to respond to potential
bioterrorist attacks, natural infectious disease
outbreaks, and other challenges and potential threats to the public
health.
(b) SENSE OF THE SENATE- It is
the sense of the Senate that the United States should make a substantial
new investment this year toward the following:
(1) Improving State and
local preparedness capabilities by upgrading State and local
surveillance epidemiology, assisting in the development
of response plans, assuring adequate staffing and
training of health professionals to diagnose and care for victims
of bioterrorism, extending the electronics communications
networks and training personnel, and improving public
health laboratories.
(2) Improving hospital response
capabilities by assisting hospitals in developing plans for a
bioterrorist attack and improving the surge capacity
of hospitals.
(3) Upgrading the bioterrorism
capabilities of the Centers for Disease Control and Prevention
through improving rapid identification and health
early warning systems.
(4) Improving disaster response
medical systems, such as the National Disaster Medical
System and the Metropolitan Medical Response System and
Epidemic Intelligence Service.
(5) Targeting research to
assist with the development of appropriate therapeutics and
vaccines for likely bioterrorist agents and assisting
with expedited drug and device review through the
Food and Drug Administration.
(6) Improving the National
Pharmaceutical Stockpile program by increasing the amount of
necessary therapies (including smallpox vaccines
and other post-exposure vaccines) and ensuring the
appropriate deployment of stockpiles.
(7) Targeting activities
to increase food safety at the Food and Drug Administration.
(8) Increasing international
cooperation to secure dangerous biological agents, increase
surveillance, and retrain biological warfare specialists.
SEC. 1014. GRANT PROGRAM FOR STATE AND
LOCAL DOMESTIC PREPAREDNESS SUPPORT.
(a) IN GENERAL- The Office for
State and Local Domestic Preparedness Support of the Office of
Justice Programs shall make a grant to each State, which
shall be used by the State, in conjunction with units of
local government, to enhance the capability of State and local
jurisdictions to prepare for and respond to terrorist acts
including events of terrorism involving weapons of mass destruction
and biological, nuclear, radiological, incendiary, chemical,
and explosive devices.
(b) USE OF GRANT AMOUNTS- Grants
under this section may be used to purchase needed equipment and
to provide training and technical assistance to State and
local first responders.
(c) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There is
authorized to be appropriated to carry out this section such sums
as necessary for each of fiscal years 2002 through
2007.
(2) LIMITATIONS- Of the
amount made available to carry out this section in any fiscal
year not more than 3 percent may be used by the
Attorney General for salaries and administrative
expenses.
(3) MINIMUM AMOUNT- Each
State shall be allocated in each fiscal year under this section
not less than 0.75 percent of the total amount appropriated
in the fiscal year for grants pursuant to this section,
except that the United States Virgin Islands, America Samoa, Guam,
and the Northern Mariana Islands each shall be allocated
0.25 percent.
SEC. 1015. EXPANSION AND REAUTHORIZATION
OF THE CRIME IDENTIFICATION TECHNOLOGY ACT FOR ANTITERRORISM GRANTS
TO STATES AND LOCALITIES.
Section 102 of the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601) is amended--
(1) in subsection (b)--
(A) in paragraph (16),
by striking `and' at the end;
(B) in paragraph (17),
by striking the period and inserting `; and'; and
(C) by adding at the
end the following:
`(18) notwithstanding subsection
(c), antiterrorism purposes as they relate to any other uses
under this section or for other antiterrorism programs.';
and
(2) in subsection (e)(1),
by striking `this section' and all that follows and inserting
`this section $250,000,000 for each of fiscal years
2002 through 2007.'.
SEC. 1016. CRITICAL INFRASTRUCTURES PROTECTION.
(a) SHORT TITLE- This section may
be cited as the `Critical Infrastructures Protection Act of 2001'.
(b) FINDINGS- Congress makes the
following findings:
(1) The information revolution
has transformed the conduct of business and the operations of
government as well as the infrastructure relied
upon for the defense and national security of the
United States.
(2) Private business, government,
and the national security apparatus increasingly depend
on an interdependent network of critical physical and
information infrastructures, including telecommunications,
energy, financial services, water, and transportation sectors.
(3) A continuous national
effort is required to ensure the reliable provision of cyber and
physical infrastructure services critical to maintaining
the national defense, continuity of government,
economic prosperity, and quality of life in the United States.
(4) This national effort
requires extensive modeling and analytic capabilities for purposes
of evaluating appropriate mechanisms to ensure the
stability of these complex and interdependent systems,
and to underpin policy recommendations, so as to achieve the
continuous viability and adequate protection of the
critical infrastructure of the Nation.
(c) POLICY OF THE UNITED STATES-
It is the policy of the United States--
(1) that any physical or
virtual disruption of the operation of the critical infrastructures
of the United States be rare, brief, geographically
limited in effect, manageable, and minimally detrimental
to the economy, human and government services, and national security
of the United States;
(2) that actions necessary
to achieve the policy stated in paragraph (1) be carried out in
a public-private partnership involving corporate
and non-governmental organizations; and
(3) to have in place a comprehensive
and effective program to ensure the continuity of
essential Federal Government functions under all circumstances.
(d) ESTABLISHMENT OF NATIONAL COMPETENCE
FOR CRITICAL INFRASTRUCTURE PROTECTION-
(1) SUPPORT OF CRITICAL
INFRASTRUCTURE PROTECTION AND CONTINUITY BY NATIONAL
INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER- There shall
be established the National Infrastructure Simulation
and Analysis Center (NISAC) to serve as a source of
national competence to address critical infrastructure protection
and continuity through support for activities related
to counterterrorism, threat assessment, and risk mitigation.
(2) PARTICULAR SUPPORT-
The support provided under paragraph (1) shall include the
following:
(A) Modeling, simulation,
and analysis of the systems comprising critical
infrastructures, including cyber infrastructure, telecommunications
infrastructure, and physical infrastructure,
in order to enhance understanding of the large-scale
complexity of such systems and to facilitate modification
of such systems to mitigate the threats to
such systems and to critical infrastructures generally.
(B) Acquisition from
State and local governments and the private sector of data
necessary to create and maintain models of such
systems and of critical infrastructures generally.
(C) Utilization of
modeling, simulation, and analysis under subparagraph (A) to
provide education and training to policymakers
on matters relating to--
(i) the analysis
conducted under that subparagraph;
(ii) the implications
of unintended or unintentional disturbances to
critical infrastructures; and
(iii) responses
to incidents or crises involving critical infrastructures,
including the continuity of government
and private sector activities through
and after such incidents or crises.
(D) Utilization of
modeling, simulation, and analysis under subparagraph (A) to
provide recommendations to policymakers, and
to departments and agencies of the Federal
Government and private sector persons and entities upon request,
regarding means of enhancing the stability
of, and preserving, critical infrastructures.
(3) RECIPIENT OF CERTAIN
SUPPORT- Modeling, simulation, and analysis provided under this
subsection shall be provided, in particular, to
relevant Federal, State, and local entities responsible
for critical infrastructure protection and policy.
(e) CRITICAL INFRASTRUCTURE DEFINED-
In this section, the term `critical infrastructure' means systems
and assets, whether physical or virtual, so vital to the
United States that the incapacity or destruction of such
systems and assets would have a debilitating impact on security,
national economic security, national public health or safety,
or any combination of those matters.
(f) AUTHORIZATION OF APPROPRIATIONS-
There is hereby authorized for the Department of Defense for
fiscal year 2002, $20,000,000 for the Defense Threat Reduction
Agency for activities of the National Infrastructure Simulation
and Analysis Center under this section in that fiscal year.
Passed the House of Representatives October
24, 2001.
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