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