|
USA: il testo della legge antiterrorismo
--H.R.3162--
H.R.3162
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
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. 225. Immunity for compliance with FISA wiretap.
TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST
FINANCING ACT OF 2001
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.
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. 701. 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.
(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'.
(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--
(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--
`(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),
(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';
(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:
`(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--
`(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 obtain foreign
intelligence information not concerning a United States person or 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'.
(1) IN GENERAL- Section 3123(a) of title 18, United States Code, is amended to
read as follows:
`(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'.
(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--
(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
(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 No. 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 No. 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant to Executive Order No.
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 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;
(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
`(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.
(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;
(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-
(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.
`(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:
`(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).
`(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:
(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.
(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--
(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
(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.
`(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;
`(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.
`(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.
(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
`(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.
`(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.
`(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:
`(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)--
(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:
`(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)';
(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
(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.
`(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--
`(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;
(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.
(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
(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).
(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--
(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--
(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--
(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--
(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--
(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.
(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:
(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--
(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';
(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
(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--
(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.';
(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
(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';
(A) in paragraph (3), by striking `and' after the semicolon;
(B) by redesignating paragraph (4) as paragraph (5); and
(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--
(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
(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--
(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
(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--
(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;
(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--
(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.
`(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.
(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;
(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';
(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.
(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
`(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--
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END |
Pagina stampabile
