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