--H.R.3162--
H.R.3162
One Hundred
Seventh Congress
of the
United States
of America
AT THE FIRST
SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
Be it enacted by the Senate and
House of Representatives of the United States of America in Congress assembled,
(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.
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.
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.
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional
review; expedited consideration.
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.
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.
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.
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.
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.
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.
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.
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.
Sec. 621. Crime victims fund.
Sec. 622. Crime victim
compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
Sec. 701. Expansion of regional
information sharing system to facilitate Federal-State-local law enforcement
response related to terrorist attacks.
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.
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.
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.
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.
(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.
(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.
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.
Section 2332e of title 18, United
States Code, is amended--
(1) by striking `2332c' and
inserting `2332a'; and
(2) by striking `chemical'.
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.
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.'.
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'.
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),'.
(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.
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'.
(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.
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'.
(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),'.
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'.
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.
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,'.
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'.
(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:
(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:
(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.'.
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.'.
(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'.
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:
`(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 obtain foreign intelligence information
not concerning a United States person or to protect against international
terrorism or clandestine intelligence activities.
`(c)(1) Upon an application made
pursuant to this section, the judge shall enter an ex parte order as requested,
or as modified, approving the release of records if the judge finds that the
application meets the requirements of this section.
`(2) An order under this subsection
shall not disclose that it is issued for purposes of an investigation described
in subsection (a).
`(d) No person shall disclose to
any other person (other than those persons necessary to produce the tangible
things under this section) that the Federal Bureau of Investigation has sought
or obtained tangible things under this section.
`(e) A person who, in good faith,
produces tangible things under an order pursuant to this section shall not be
liable to any other person for such production. Such production shall not be
deemed to constitute a waiver of any privilege in any other proceeding or
context.
`(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.'.
(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'.
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.'.
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'.
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'.
(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)'.
(a) IN GENERAL- The Trade Sanctions
Reform and Export Enhancement Act of 2000 (Public Law 106-387; 114 Stat.
1549A-67) is amended--
(1) by amending section 904(2)(C)
to read as follows:
`(C) used to facilitate the
design, development, or production of chemical or biological weapons, missiles,
or weapons of mass destruction.';
(2) in section 906(a)(1)--
(A) by inserting `, the Taliban or
the territory of Afghanistan controlled by the Taliban,' after `Cuba'; and
(B) by inserting `, or in the
territory of Afghanistan controlled by the Taliban,' after `within such
country'; and
(3) in section 906(a)(2), by
inserting `, or to any other entity in Syria or North Korea' after `Korea'.
(b) APPLICATION OF THE TRADE
SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT- Nothing in the Trade Sanctions
Reform and Export Enhancement Act of 2000 shall limit the application or scope
of any law establishing criminal or civil penalties, including any Executive
order or regulation promulgated pursuant to such laws (or similar or successor
laws), for the unlawful export of any agricultural commodity, medicine, or
medical device to--
(1) a foreign organization, group,
or person designated pursuant to Executive Order No. 12947 of January 23, 1995,
as amended;
(2) a Foreign Terrorist
Organization pursuant to the Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104-132);
(3) a foreign organization, group,
or person designated pursuant to Executive Order No. 13224 (September 23,
2001);
(4) any narcotics trafficking
entity designated pursuant to Executive Order No. 12978 (October 21, 1995) or
the Foreign Narcotics Kingpin Designation Act (Public Law 106-120); or
(5) any foreign organization,
group, or persons subject to any restriction for its involvement in weapons of
mass destruction or missile proliferation.
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.
(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:
`(a) IN GENERAL- Any person who is
aggrieved by any willful violation of this chapter or of chapter 119 of this
title or of sections 106(a), 305(a), or 405(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an action in
United States District Court against the United States to recover money
damages. In any such action, if a person who is aggrieved successfully
establishes such a violation of this chapter or of chapter 119 of this title or
of the above specific provisions of title 50, the Court may assess as damages--
`(1) actual damages, but not less
than $10,000, whichever amount is greater; and
`(2) litigation costs, reasonably
incurred.
`(b) PROCEDURES- (1) Any action
against the United States under this section may be commenced only after a
claim is presented to the appropriate department or agency under the procedures
of the Federal Tort Claims Act, as set forth in title 28, United States Code.
`(2) Any action against the United
States under this section shall be forever barred unless it is presented in
writing to the appropriate Federal agency within 2 years after such claim
accrues or unless action is begun within 6 months after the date of mailing, by
certified or registered mail, of notice of final denial of the claim by the
agency to which it was presented. The claim shall accrue on the date upon which
the claimant first has a reasonable opportunity to discover the violation.
`(3) Any action under this section
shall be tried to the court without a jury.
`(4) Notwithstanding any other
provision of law, the procedures set forth in section 106(f), 305(g), or 405(f)
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
shall be the exclusive means by which materials governed by those sections may
be reviewed.
`(5) An amount equal to any award
against the United States under this section shall be reimbursed by the
department or agency concerned to the fund described in section 1304 of title
31, United States Code, out of any appropriation, fund, or other account
(excluding any part of such appropriation, fund, or account that is available
for the enforcement of any Federal law) that is available for the operating
expenses of the department or agency concerned.
`(c) ADMINISTRATIVE DISCIPLINE- If
a court or appropriate department or agency determines that the United States
or any of its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds that the
circumstances surrounding the violation raise serious questions about whether
or not an officer or employee of the United States acted willfully or
intentionally with respect to the violation, the department or agency shall,
upon receipt of a true and correct copy of the decision and findings of the
court or appropriate department or agency promptly initiate a proceeding to
determine whether disciplinary action against the officer or employee is warranted.
If the head of the department or agency involved determines that disciplinary
action is not warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall provide the
Inspector General with the reasons for such determination.
`(d) EXCLUSIVE REMEDY- Any action
against the United States under this subsection shall be the exclusive remedy
against the United States for any claims within the purview of this section.
`(e) STAY OF PROCEEDINGS- (1) Upon
the motion of the United States, the court shall stay any action commenced
under this section if the court determines that civil discovery will adversely
affect the ability of the Government to conduct a related investigation or the
prosecution of a related criminal case. Such a stay shall toll the limitations
periods of paragraph (2) of subsection (b).
`(2) In this subsection, the terms
`related criminal case' and `related investigation' mean an actual prosecution
or investigation in progress at the time at which the request for the stay or
any subsequent motion to lift the stay is made. In determining whether an
investigation or a criminal case is related to an action commenced under this
section, the court shall consider the degree of similarity between the parties,
witnesses, facts, and circumstances involved in the 2 proceedings, without
requiring that any one or more factors be identical.
`(3) In requesting a stay under
paragraph (1), the Government may, in appropriate cases, submit evidence ex parte
in order to avoid disclosing any matter that may adversely affect a related
investigation or a related criminal case. If the Government makes such an ex
parte submission, the plaintiff shall be given an opportunity to make a
submission to the court, not ex parte, and the court may, in its discretion,
request further information from either party.'.
(2) The table of sections at the
beginning of chapter 121 is amended to read as follows:
`2712. Civil action against the
United States.'.
(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.
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.'.
This title may be cited as the
`International Money Laundering Abatement and Financial Anti-Terrorism Act of
2001'.
(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.
(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.
(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:
`(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.'.
(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.
(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.
(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).
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'.
(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.
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.'.
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).'.
(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.'.
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.'.
(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.
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.'.
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'.
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.
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.'.
(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.
(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.
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.
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.
(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.
(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).'.
(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.
(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'.
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.'.
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.'.
(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.
(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.
(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:
`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:
`(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.
(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.
(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)).
(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:
`(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.'.
(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.
(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.'.
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.'.
(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:
`(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.
(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.
(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:
`(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.'.
(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.
(a) SCIENTER REQUIREMENT FOR
SECTION 1960 VIOLATION- Section 1960 of title 18, United States Code, is
amended to read as follows:
`(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'.
(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'.
(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'.
Section 1956(c)(7)(D) of title 18,
United States Code, is amended by inserting `or 2339B' after `2339A'.
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.'.
The Attorney General is authorized
to waive any FTE cap on personnel assigned to the Immigration and
Naturalization Service on the Northern border.
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.
(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.
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:'.
(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.
(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--
(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--
`(V) to solicit any individual--
`(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--
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'.
(a) IN GENERAL- The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section
236 the following:
`SEC. 236A. (a) DETENTION OF
TERRORIST ALIENS-
`(1) CUSTODY- The Attorney General
shall take into custody any alien who is certified under paragraph (3).
`(2) RELEASE- Except as provided
in paragraphs (5) and (6), the Attorney General shall maintain custody of such
an alien until the alien is removed from the United States. Except as provided
in paragraph (6), such custody shall be maintained irrespective of any relief
from removal for which the alien may be eligible, or any relief from removal
granted the alien, until the Attorney General determines that the alien is no
longer an alien who may be certified under paragraph (3). If the alien is
finally determined not to be removable, detention pursuant to this subsection
shall terminate.
`(3) CERTIFICATION- The Attorney
General may certify an alien under this paragraph if the Attorney General has
reasonable grounds to believe that the alien--
`(A) is described in section
212(a)(3)(A)(i), 212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or
`(B) is engaged in any other
activity that endangers the national security of the United States.
`(4) NONDELEGATION- The Attorney
General may delegate the authority provided under paragraph (3) only to the
Deputy Attorney General. The Deputy Attorney General may not delegate such
authority.
`(5) COMMENCEMENT OF PROCEEDINGS-
The Attorney General shall place an alien detained under paragraph (1) in
removal proceedings, or shall charge the alien with a criminal offense, not
later than 7 days after the commencement of such detention. If the requirement
of the preceding sentence is not satisfied, the Attorney General shall release
the alien.
`(6) LIMITATION ON INDEFINITE
DETENTION- An alien detained solely under paragraph (1) who has not been
removed under section 241(a)(1)(A), and whose removal is unlikely in the
reasonably foreseeable future, may be detained for additional periods of up to
six months only if the release of the alien will threaten the national security
of the United States or the safety of the community or any person.
`(7) REVIEW OF CERTIFICATION- The
Attorney General shall review the certification made under paragraph (3) every
6 months. If the Attorney General determines, in the Attorney General's
discretion, that the certification should be revoked, the alien may be released
on such conditions as the Attorney General deems appropriate, unless such
release is otherwise prohibited by law. The alien may request each 6 months in
writing that the Attorney General reconsider the certification and may submit
documents or other evidence in support of that request.
`(b) HABEAS CORPUS AND JUDICIAL
REVIEW-
`(1) IN GENERAL- Judicial review
of any action or decision relating to this section (including judicial review
of the merits of a determination made under subsection (a)(3) or (a)(6)) is
available exclusively in habeas corpus proceedings consistent with this
subsection. Except as provided in the preceding sentence, no court shall have
jurisdiction to review, by habeas corpus petition or otherwise, any such action
or decision.
`(2) APPLICATION-
`(A) IN GENERAL- Notwithstanding
any other provision of law, including section 2241(a) of title 28, United
States Code, habeas corpus proceedings described in paragraph (1) may be
initiated only by an application filed with--
`(i) the Supreme Court;
`(ii) any justice of the Supreme
Court;
`(iii) any circuit judge of the
United States Court of Appeals for the District of Columbia Circuit; or
`(iv) any district court otherwise
having jurisdiction to entertain it.
`(B) APPLICATION TRANSFER- Section
2241(b) of title 28, United States Code, shall apply to an application for a
writ of habeas corpus described in subparagraph (A).
`(3) APPEALS- Notwithstanding any
other provision of law, including section 2253 of title 28, in habeas corpus
proceedings described in paragraph (1) before a circuit or district judge, the
final order shall be subject to review, on appeal, by the United States Court of
Appeals for the District of Columbia Circuit. There shall be no right of appeal
in such proceedings to any other circuit court of appeals.
`(4) RULE OF DECISION- The law
applied by the Supreme Court and the United States Court of Appeals for the
District of Columbia Circuit shall be regarded as the rule of decision in
habeas corpus proceedings described in paragraph (1).
`(c) STATUTORY CONSTRUCTION- The
provisions of this section shall not be applicable to any other provision of
this Act.'.
(b) CLERICAL AMENDMENT- The table
of contents of the Immigration and Nationality Act is amended by inserting
after the item relating to section 236 the following:
`Sec. 236A. Mandatory detention of
suspected terrorist; habeas corpus; judicial review.'.
(c) REPORTS- Not later than 6
months after the date of the enactment of this Act, and every 6 months
thereafter, the Attorney General shall submit a report to the Committee on the
Judiciary of the House of Representatives and the Committee on the Judiciary of
the Senate, with respect to the reporting period, on--
(1) the number of aliens certified
under section 236A(a)(3) of the Immigration and Nationality Act, as added by
subsection (a);
(2) the grounds for such
certifications;
(3) the nationalities of the
aliens so certified;
(4) the length of the detention
for each alien so certified; and
(5) the number of aliens so
certified who--
(A) were granted any form of
relief from removal;
(B) were removed;
(C) the Attorney General has
determined are no longer aliens who may be so certified; or
(D) were released from detention.
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.'.
(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.
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'.
(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)).
(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).'.
(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.
(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.
(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.
(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.
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.
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.
(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.
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).
(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.
(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.
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'.
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.'.
(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.'.
(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.'.
(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'.
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.'.
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.'.
(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).
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'.
(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.
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'.
(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).
(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.
(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.'.
(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.'.
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); and
(C) by inserting after paragraph
(3) the following:
`(4) establishing and operating
secure information sharing systems to enhance the investigation and prosecution
abilities of participating enforcement agencies in addressing
multi-jurisdictional terrorist conspiracies and activities; and (5)'; and
(3) by inserting at the end the
following:
`(d) AUTHORIZATION OF APPROPRIATION
TO THE BUREAU OF JUSTICE ASSISTANCE- There are authorized to be appropriated to
the Bureau of Justice Assistance to carry out this section $50,000,000 for
fiscal year 2002 and $100,000,000 for fiscal year 2003.'.
Chapter 97 of title 18, United
States Code, is amended by adding at the end the following:
`(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.'.
(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;'.
(a) IN GENERAL- Chapter 113B of
title 18, United States Code, is amended by adding after section 2338 the
following new section:
`(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.'.
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.'.
(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'.
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.'.
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.
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.'.
(a) IN GENERAL- Section 3286 of
title 18, United States Code, is amended to read as follows:
`(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.
(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.'.
(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'.
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.'.
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)'.
(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.
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)'.
(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.
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:
`(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.'.
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;'.
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,'.
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.
(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)).
(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:
`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.'.
(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.
(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)).
(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).
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.
(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.
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'.
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.'.
(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.
(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.
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.
(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.
(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).
(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.
(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'.
(a) LIMITATION-
(1) IN GENERAL- Chapter 51 of
title 49, United States Code, is amended by inserting after section 5103 the
following new section:
`(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).
(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.
(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.
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.'.
(a) SHORT TITLE- This section may
be cited as the `Critical Infrastructures Protection Act of 2001'.
(b) FINDINGS- Congress makes the
following findings:
(1) The information revolution has
transformed the conduct of business and the operations of government as well as
the infrastructure relied upon for the defense and national security of the
United States.
(2) Private business, government,
and the national security apparatus increasingly depend on an interdependent
network of critical physical and information infrastructures, including
telecommunications, energy, financial services, water, and transportation
sectors.
(3) A continuous national effort
is required to ensure the reliable provision of cyber and physical
infrastructure services critical to maintaining the national defense,
continuity of government, economic prosperity, and quality of life in the
United States.
(4) This national effort requires
extensive modeling and analytic capabilities for purposes of evaluating
appropriate mechanisms to ensure the stability of these complex and
interdependent systems, and to underpin policy recommendations, so as to
achieve the continuous viability and adequate protection of the critical
infrastructure of the Nation.
(c) POLICY OF THE UNITED STATES- It
is the policy of the United States--
(1) that any physical or virtual
disruption of the operation of the critical infrastructures of the United
States be rare, brief, geographically limited in effect, manageable, and
minimally detrimental to the economy, human and government services, and
national security of the United States;
(2) that actions necessary to
achieve the policy stated in paragraph (1) be carried out in a public-private
partnership involving corporate and non-governmental organizations; and
(3) to have in place a
comprehensive and effective program to ensure the continuity of essential
Federal Government functions under all circumstances.
(d) ESTABLISHMENT OF NATIONAL
COMPETENCE FOR CRITICAL INFRASTRUCTURE PROTECTION-
(1) SUPPORT OF CRITICAL
INFRASTRUCTURE PROTECTION AND CONTINUITY BY NATIONAL INFRASTRUCTURE SIMULATION
AND ANALYSIS CENTER- There shall be established the National Infrastructure
Simulation and Analysis Center (NISAC) to serve as a source of national
competence to address critical infrastructure protection and continuity through
support for activities related to counterterrorism, threat assessment, and risk
mitigation.
(2) PARTICULAR SUPPORT- The
support provided under paragraph (1) shall include the following:
(A) Modeling, simulation, and analysis
of the systems comprising critical infrastructures, including cyber
infrastructure, telecommunications infrastructure, and physical infrastructure,
in order to enhance understanding of the large-scale complexity of such systems
and to facilitate modification of such systems to mitigate the threats to such
systems and to critical infrastructures generally.
(B) Acquisition from State and
local governments and the private sector of data necessary to create and
maintain models of such systems and of critical infrastructures generally.
(C) Utilization of modeling,
simulation, and analysis under subparagraph (A) to provide education and
training to policymakers on matters relating to--
(i) the analysis conducted under
that subparagraph;
(ii) the implications of
unintended or unintentional disturbances to critical infrastructures; and
(iii) responses to incidents or
crises involving critical infrastructures, including the continuity of
government and private sector activities through and after such incidents or
crises.
(D) Utilization of modeling,
simulation, and analysis under subparagraph (A) to provide recommendations to
policymakers, and to departments and agencies of the Federal Government and
private sector persons and entities upon request, regarding means of enhancing
the stability of, and preserving, critical infrastructures.
(3) RECIPIENT OF CERTAIN SUPPORT-
Modeling, simulation, and analysis provided under this subsection shall be
provided, in particular, to relevant Federal, State, and local entities
responsible for critical infrastructure protection and policy.
(e) CRITICAL INFRASTRUCTURE
DEFINED- In this section, the term `critical infrastructure' means systems and
assets, whether physical or virtual, so vital to the United States that the
incapacity or destruction of such systems and assets would have a debilitating
impact on security, national economic security, national public health or
safety, or any combination of those matters.
(f) AUTHORIZATION OF
APPROPRIATIONS- There is hereby authorized for the Department of Defense for
fiscal year 2002, $20,000,000 for the Defense Threat Reduction Agency for
activities of the National Infrastructure Simulation and Analysis Center under
this section in that fiscal year.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.