107TH CONGRESS
IN THE SENATE OF THE UNITED STATES
OCTOBER 24, 2001 Received
To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.
1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2 (a) SHORT TITLE.—This Act may be cited as the
3 ‘‘Uniting and Strengthening America by Providing Appro
4 priate Tools Required to Intercept and Obstruct Ter
5 rorism (USA PATRIOT ACT) Act of 2001’’.
6 (b) TABLE OF CONTENTS.— The table of contents
7 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 Sur
veillance 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, fi
nancial 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 Fed-eral-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 transpor
tation 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 ter
rorism. 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 intelligencerelated 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 fund ing for bioterrorism preparedness and response. Sec. 1014. Grant program for State and local domestic preparedness support.
Sec. 1015. Expansion and reauthorization of the crime identification technology act for antiterrorism grants to States and localities.
Sec. 1016. Critical infrastructures protection.
Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this Act and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.
SEC. 101. COUNTERTERRORISM FUND.
SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINA
TION AGAINST ARAB AND MUSLIM AMERI
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUP
PORT CENTER AT THE FEDERAL BUREAU OF
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 EN
FORCE PROHIBITION IN CERTAIN EMER
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
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—
‘‘by any person, or with respect to any property, subject to the jurisdiction of the United States;’’;
(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 Presi-dent, 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.’’.
SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND
ELECTRONIC COMMUNICATIONS RELATING
Section 2516(1) of title 18, United States Code, is amended—
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 OF
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
(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 pre
liminarily to or in connection with a judi
cial 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 mat
ters 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 per-son’s official duties subject to any limitations on the unauthorized disclosure of such information. Within a reasonable time after such disclo-sure, 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 con
cerning a United States person, that re
lates to the ability of the United States to
protect against—
‘‘(aa) actual or potential attack
or other grave hostile acts ofa 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 ac
tivities 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 re-
spect 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) 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 secu
rity 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)).
SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS
FROM LIMITATIONS ON INTERCEPTION AND
DISCLOSURE OF WIRE, ORAL, AND ELEC
Section 2511(2)(f) of title 18, United States Code, is amended—
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FED-
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT
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
U.S.C. 1805(e)(1)) is amended by—
(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—
U.S.C. 1805(d)(2)) is amended by—
(2) DEFINED TERM.—Section 304(d)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2) is amended by inserting after ‘‘not a United States person,’’ the following: ‘‘or against an agent of a foreign power as defined in section 101(b)(1)(A),’’.
Section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended by—
SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT
Title 18, United States Code, is amended—
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELEC
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 connec
tion records, or records of session times and durations; ‘‘(D) length of service (including start date) and types of service utilized;
‘‘(E) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and
‘‘(F) means and source of payment for such
service (including any credit card or bank account
number), of a subscriber’’; and
(2) by striking ‘‘and the types of services the subscriber or customer utilized,’’.
Section 631 of the Communications Act of 1934 (47
U.S.C. 551) is amended—
(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 COM
MUNICATIONS TO PROTECT LIFE AND LIMB.
(A) by striking the section heading and inserting the following:
‘‘§ 2702. Voluntary disclosure of customer communications or records’’;
(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 ‘‘EXCEP-TIONS.—A person or entity’’ and inserting ‘‘EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS.— A provider described in subsection (a)’’;
(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;
1 ‘‘(3) as may be necessarily incident to the ren2 dition of the service or to the protection of the rights 3 or property of the provider of that service; 4 ‘‘(4) to a governmental entity, if the provider 5 reasonably believes that an emergency involving im6 mediate danger of death or serious physical injury to 7 any person justifies disclosure of the information; or 8 ‘‘(5) to any person other than a governmental 9 entity.’’. 10 (2) TECHNICAL AND CONFORMING AMEND11 MENT.—The table of sections for chapter 121 of 12 title 18, United States Code, is amended by striking 13 the item relating to section 2702 and inserting the 14 following:
‘‘2702. Voluntary disclosure of customer communications or records.’’. 15 (b) REQUIREMENTS FOR GOVERNMENT ACCESS.— 16 (1) IN GENERAL.—Section 2703 of title 18, 17 United States Code, is amended— 18 (A) by striking the section heading and in19 serting the following: 20 ‘‘§ 2703. Required disclosure of customer communica21 tions or records’’; 22 (B) in subsection (c) by redesignating 23 paragraph (2) as paragraph (3); 24 (C) in subsection (c)(1)—
tion 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
1 (v) in subparagraph (D) (as redesig2 nated) by striking the period and inserting 3 ‘‘; or’’; and 4 (vi) by inserting after subparagraph 5 (D) (as redesignated) the following: 6 ‘‘(E) seeks information under paragraph 7 (2).’’; and 8 (D) in paragraph (2) (as redesignated) by 9 striking ‘‘subparagraph (B)’’ and insert ‘‘para10 graph (1)’’. 11 (2) TECHNICAL AND CONFORMING AMEND12 MENT.—The table of sections for chapter 121 of 13 title 18, United States Code, is amended by striking 14 the item relating to section 2703 and inserting the 15 following:
‘‘2703. Required disclosure of customer communications or records.’’.
17 CUTION OF A WARRANT. 18 Section 3103a of title 18, United States Code, is 19 amended— 20 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 21 ‘‘In addition’’; and 22 (2) by adding at the end the following: 23 ‘‘(b) DELAY.—With respect to the issuance of any 24 warrant or court order under this section, or any other 25 rule of law, to search for and seize any property or mate-
rial 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 AUTHOR
(a) APPLICATIONS AND ORDERS.—Section 402 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended—
‘‘(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.—Sec-tion 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended—
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER
THE FOREIGN INTELLIGENCE SURVEIL
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 INTER
‘‘(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 intel
ligence 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 tan
gible 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
(a) GENERAL LIMITATIONS.—Section 3121(c) of title 18, United States Code, is amended—
‘‘(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 offi-cer 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 packetswitched 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 col
lected 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—
(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) | TRAP | AND | TRACE | DEVICE.—Section | |||
---|---|---|---|---|---|---|---|
3127(4) | of | title | 18, | United | States | Code, | is |
amended— |
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COM
Chapter 119 of title 18, United States Code, is amended—
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 com
puter trespasser’s communications on the protected
computer;
‘‘(II) the person acting under color of law is lawfully engaged in an investigation;
‘‘(III) the person acting under color of law has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to the investigation; and
‘‘(IV) such interception does not acquire communications other than those transmitted to or from the computer trespasser.’’.
Sections 104(a)(7)(B) and section 303(a)(7)(B) (50
U.S.C. 1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence Surveillance Act of 1978 are each amended by striking ‘‘the purpose’’ and inserting ‘‘a significant purpose’’.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR
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
(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
(C) by inserting at the end the following:
‘‘(3) the term ‘court of competent jurisdiction’ has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation.’’.
(b) CONFORMING AMENDMENT.—Section 2703(d) of title 18, United States Code, is amended by striking ‘‘described in section 3127(2)(A)’’.
(a) IN GENERAL.—The Trade Sanctions Reform and Export Enhancement Act of 2000 (Public Law 106–387; 114 Stat. 1549A–67) is amended—
(1) by amending section 904(2)(C) to read as follows:
‘‘(C) used to facilitate the design, development, or production of chemical or biological weapons, missiles, or weapons of mass destruction.’’;
(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—
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
(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—
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: ‘‘§ 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 in-volved 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 cir-
1 cumstances involved in the 2 proceedings, without requir2 ing that any one or more factors be identical. 3 ‘‘(3) In requesting a stay under paragraph (1), the 4 Government may, in appropriate cases, submit evidence ex 5 parte in order to avoid disclosing any matter that may 6 adversely affect a related investigation or a related crimi7 nal case. If the Government makes such an ex parte sub8 mission, the plaintiff shall be given an opportunity to 9 make a submission to the court, not ex parte, and the 10 court may, in its discretion, request further information 11 from either party.’’. 12 (2) The table of sections at the beginning of chapter 13 121 is amended to read as follows:
‘‘2712. Civil action against the United States.’’.
14 SEC. 224. SUNSET. 15 (a) IN GENERAL.—Except as provided in subsection 16 (b), this title and the amendments made by this title 17 (other than sections 203(a), 203(c), 205, 208, 210, 211, 18 213, 216, 219, 221, and 222, and the amendments made 19 by those sections) shall cease to have effect on December 20 31, 2005. 21 (b) EXCEPTION.—With respect to any particular for22 eign intelligence investigation that began before the date 23 on which the provisions referred to in subsection (a) cease 24 to have effect, or with respect to any particular offense 25 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 WIRE
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.’’.
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.
U.S.C. 981 note), especially with respect to crimes by non-United States nationals and foreign financial institutions;
SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED
SEC. 311. SPECIAL MEASURES FOR JURISDICTIONS, FINAN
CIAL INSTITUTIONS, OR INTERNATIONAL
TRANSACTIONS OF PRIMARY MONEY LAUN
DERING 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:
‘‘§ 5318A. Special measures for jurisdictions, financial
institutions, or international transactions
‘‘(a) INTERNATIONAL COUNTER-MONEY LAUN
DERING REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary of the Treasury may require domestic financial institutions
1 and domestic financial agencies to take 1 or more of 2 the special measures described in subsection (b) if 3 the Secretary finds that reasonable grounds exist for 4 concluding that a jurisdiction outside of the United 5 States, 1 or more financial institutions operating 6 outside of the United States, 1 or more classes of 7 transactions within, or involving, a jurisdiction out8 side of the United States, or 1 or more types of ac9 counts is of primary money laundering concern, in 10 accordance with subsection (c). 11 ‘‘(2) FORM OF REQUIREMENT.—The special 12 measures described in— 13 ‘‘(A) subsection (b) may be imposed in 14 such sequence or combination as the Secretary 15 shall determine; 16 ‘‘(B) paragraphs (1) through (4) of sub17 section (b) may be imposed by regulation, 18 order, or otherwise as permitted by law; and 19 ‘‘(C) subsection (b)(5) may be imposed 20 only by regulation. 21 ‘‘(3) DURATION OF ORDERS; RULEMAKING.— 22 Any order by which a special measure described in 23 paragraphs (1) through (4) of subsection (b) is im24 posed (other than an order described in section 25 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 pro
mulgated on or before the end of the 120-day
period beginning on the date of issuance of
such order.
‘‘(4) PROCESS FOR SELECTING SPECIAL MEAS-URES.—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 sub
chapter 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 relation
ship, including the identity of the origi
nator 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 prac-ticable 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 PAY-ABLE-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 rep
resentative 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), infor
mation 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 in-stitution 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 rep
resentative of such customer) of any such finan
cial 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), infor
mation 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 trans-actions 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 payablethrough 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 BEOF 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 jurisdic
tion;
‘‘(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 juris
diction is characterized by high levels of of
ficial 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 ac
counts are used to facilitate or promote
money laundering in or through the juris
diction;
‘‘(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 con
tinue 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 defini
tions 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, sav
ings deposit, or other transaction or asset
account and a credit account or other ex
tension 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 INSTITU
TIONS 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
1 (j) of section 5318. Such regulations shall address 2 issues related to an individual’s authority to fund, 3 direct, or manage the account (including, without 4 limitation, the power to direct payments into or out 5 of the account), and an individual’s material interest 6 in the income or corpus of the account, and shall en7 sure that the identification of individuals under this 8 section does not extend to any individual whose ben9 eficial interest in the income or corpus of the ac10 count is immaterial.’’. 11 ‘‘(4) OTHER TERMS.—The Secretary may, by 12 regulation, further define the terms in paragraphs 13 (1), (2), and (3), and define other terms for the pur14 poses of this section, as the Secretary deems appro15 priate.’’. 16 (b) CLERICAL AMENDMENT.—The table of sections 17 for subchapter II of chapter 53 of title 31, United States 18 Code, is amended by inserting after the item relating to 19 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 AC
COUNTS.
(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 inter
national anti-money laundering prin
ciples or procedures by an intergov
ernmental 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 meas
ures due to money laundering con
cerns.
‘‘(B) POLICIES, PROCEDURES, AND CON-TROLS.—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 for
eign bank provides correspondent accounts
to other foreign banks and, if so, the iden
tity 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 fig
ure, 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 condi
tion of the license, prohibits the licensed entity
from conducting banking activities with the citi
zens of, or with the local currency of, the coun
try 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;
1 ‘‘(ii) is established on behalf of 1 or 2 more individuals who have a direct or ben3 eficial ownership interest in the account; 4 and 5 ‘‘(iii) is assigned to, or is administered 6 or managed by, in whole or in part, an of7 ficer, employee, or agent of a financial in8 stitution acting as a liaison between the fi9 nancial institution and the direct or bene10 ficial owner of the account.’’. 11 (b) REGULATORY AUTHORITY AND EFFECTIVE 12 DATE.— 13 (1) REGULATORY AUTHORITY.—Not later than 14 180 days after the date of enactment of this Act, the 15 Secretary, in consultation with the appropriate Fed16 eral functional regulators (as defined in section 509 17 of the Gramm-Leach-Bliley Act) of the affected fi18 nancial institutions, shall further delineate, by regu19 lation, the due diligence policies, procedures, and 20 controls required under section 5318(i)(1) of title 21 31, United States Code, as added by this section. 22 (2) EFFECTIVE DATE.—Section 5318(i) of title 23 31, United States Code, as added by this section, 24 shall take effect 270 days after the date of enact25 ment 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 COR
RESPONDENT 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 institu
tion, credit union, or foreign bank that main
tains 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 individ
uals 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 LAUN
DERING.
SEC. 315. INCLUSION OF FOREIGN CORRUPTION OFFENSES
AS MONEY LAUNDERING CRIMES.
Section 1956(c)(7) of title 18, United States Code, is amended—
(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 Admin
istration 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
SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.
compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States.
(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 trans-action 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 insti
tution that maintains a bank account at a fi
nancial 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 crimi-nal 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 applica
tion of a Federal prosecutor or a Federal
or State regulator, by the court having ju
risdiction 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 Depart
ment 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.—
103 ‘‘(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 termi
nation 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).
105 ‘‘(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 institu
tion acting as an intermediary in the
transfer of the funds into the inter
bank 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 for-eign 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 fi-nancial 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 SUB-POENA.—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 subpara
graph (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 RELA-TIONSHIP.—Failure to terminate a cor-
respondent 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.’’.
(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 dif
ficulty.
‘‘(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 JURISDIC-TION.—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 de-fendant 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 interestbearing 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, de
rived from, or traceable to, any proceeds obtained di
rectly or indirectly from an offense against a foreign
nation, or any property used to facilitate such an of
fense, 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 SUB
CHAPTER II OF CHAPTER 53 OF TITLE 31,
UNITED STATES CODE.
‘‘(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 prop
erty to be restrained will be named in a
judgment of forfeiture at the conclusion of
such proceeding; or
‘‘(ii) may register and enforce a re
straining order that has been issued by a
court of competent jurisdiction in the for
eign country and certified by the Attorney
General pursuant to subsection (b)(2).
‘‘(C) LIMIT ON GROUNDS FOR OBJEC-TION.—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.’’;
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 IN
STITUTIONS.
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 Sec
retary may prescribe regulations under this sub
section that govern maintenance of concentration ac
counts by financial institutions, in order to ensure
that such accounts are not used to prevent associa
tion 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 rea
sonable 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-Bli-ley Act) and other appropriate Government agencies, shall submit a report to the Congress containing recommendations for—
SEC. 327. CONSIDERATION OF ANTI-MONEY LAUNDERING
RECORD.
‘‘(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 applica-tion 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—
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 IDENTIFICA
TION OF ORIGINATORS OF WIRE TRANSFERS.
The Secretary shall—
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—
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 INVESTIGA
TIONS OF MONEY LAUNDERING, FINANCIAL
CRIMES, AND THE FINANCES OF TERRORIST
GROUPS.
further cooperative efforts, voluntary information exchanges, the use of letters rogatory, mutual legal assistance treaties, and international agreements to—
Subtitle B—Bank Secrecy Act Amendments and Related Improvements
SEC. 351. AMENDMENTS RELATING TO REPORTING OF SUS
PICIOUS ACTIVITIES.
(a) AMENDMENT RELATING TO CIVIL LIABILITY IM
MUNITY 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.—Subpara-graph (A) shall not be construed as creating—
‘‘(i) any inference that the term ‘per
son’, as used in such subparagraph, may
be construed more broadly than its ordi
nary usage so as to include any govern
ment 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 DISCLO-SURES.—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 EMPLOY
MENT REFERENCES.—
‘‘(i) RULE OF CONSTRUCTION.—Not-withstanding 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 ref
erence that is provided in accordance
with section 18(w) of the Federal De
posit Insurance Act in response to a
request from another financial institu
tion; or
‘‘(II) in a written termination notice or employment reference that is provided in accordance with the rules of a self-regulatory organization reg-istered with the Securities and Ex
change 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.’’.
tion, and activities of the financial institutions to which such regulations apply.
SEC. 353. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC
TARGETING ORDERS AND CERTAIN RECORD
KEEPING REQUIREMENTS, AND LENGTH
ENING EFFECTIVE PERIOD OF GEOGRAPHIC
TARGETING ORDERS.
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 TER-RORISM.—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 IL
LEGAL 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 INFORMA-TION.—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 cre-ate 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 SECU
RITIES BROKERS AND DEALERS; INVEST
MENT COMPANY STUDY.
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.
SEC. 358. BANK SECRECY PROVISIONS AND ACTIVITIES OF
UNITED STATES INTELLIGENCE AGENCIES
TO FIGHT INTERNATIONAL TERRORISM.
‘‘§ 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 selfregulatory 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 counter-intelligence activities, including analysis, to protect against domestic and international terrorism; and
‘‘(B) microfilm or other reproductions and
other records made by insured depository insti
tutions 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—
(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—
‘‘§ 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—
‘‘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 UN
DERGROUND BANKING SYSTEMS.
ground 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 EXECU
TIVE DIRECTORS.
‘‘§ 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, fi-
nancial 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 De
partment 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 cur
rency transactions, exporting and import
ing monetary instruments, and suspicious
activities), chapter 2 of title I of Public
Law 91–508, and section 21 of the Fed
eral 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 ter-rorism, 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 trans
mittal of information to, entry of information into,
and withdrawal of information from, the data main
tenance system maintained by the Network,
including—
‘‘(A) the submission of reports through the
Internet or other secure network, whenever pos
sible;
‘‘(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 re
ports and other reports, or such other means as
the Secretary may provide, to identify informa
tion that warrants immediate action; and
‘‘(2) in accordance with section 552a of title 5 and the Right to Financial Privacy Act of 1978, ap-
propriate 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 associ
ated with the exercise of constitutional rights is
to be screened out of the data maintenance sys
tem.
‘‘(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 REQUIRE-MENTS.—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.
1 (c) CLERICAL AMENDMENT.—The table of sections 2 for subchapter I of chapter 3 of title 31, United States 3 Code, is amended— 4 (1) by redesignating the item relating to section 5 310 as section 311; and 6 (2) by inserting after the item relating to sec7 tion 309 the following new item:
‘‘310. Financial Crimes Enforcement Network.’’.
8 SEC. 362. ESTABLISHMENT OF HIGHLY SECURE NETWORK. 9 (a) IN GENERAL.—The Secretary shall establish a 10 highly secure network in the Financial Crimes Enforce11 ment Network that— 12 (1) allows financial institutions to file reports 13 required under subchapter II or III of chapter 53 of 14 title 31, United States Code, chapter 2 of Public 15 Law 91–508, or section 21 of the Federal Deposit 16 Insurance Act through the secure network; and 17 (2) provides financial institutions with alerts 18 and other information regarding suspicious activities 19 that warrant immediate and enhanced scrutiny. 20 (b) EXPEDITED DEVELOPMENT.—The Secretary 21 shall take such action as may be necessary to ensure that 22 the secure network required under subsection (a) is fully 23 operational before the end of the 9-month period begin24 ning on the date of enactment of this Act.
SEC. 363. INCREASE IN CIVIL AND CRIMINAL PENALTIES
FOR MONEY LAUNDERING.
‘‘(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 FED-
ERAL 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:
‘‘§ 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 busi
ness, receives more than $10,000 in coins or cur
rency in 1 transaction (or 2 or more related trans
actions), 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 Sec
retary 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 INSTI-TUTIONS.—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
‘‘(b) DOMESTIC COIN AND CURRENCY TRANSACTIONS INVOLVING NONFINANCIAL TRADES OR BUSI-NESSES.—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.—
(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
The term ‘nonfinancial trade or business’ means any 1 trade or business other than a financial institution 2 that is subject to the reporting requirements of sec3 tion 5313 and regulations prescribed under such sec4 tion.’’. 5 (2) TECHNICAL AND CONFORMING AMEND
6 MENTS.— 7 (A) Section 5312(a)(3)(C) of title 31, 8 United States Code, is amended by striking 9 ‘‘section 5316,’’ and inserting ‘‘sections 5333 10 and 5316,’’. 11 (B) Subsections (a) through (f) of section 12 5318 of title 31, United States Code, and sec13 tions 5321, 5326, and 5328 of such title are 14 each amended— 15 (i) by inserting ‘‘or nonfinancial trade 16 or business’’ after ‘‘financial institution’’ 17 each place such term appears; and 18 (ii) by inserting ‘‘or nonfinancial 19 trades or businesses’’ after ‘‘financial insti20 tutions’’ each place such term appears. 21 (c) CLERICAL AMENDMENT.—The table of sections 22 for chapter 53 of title 31, United States Code, is amended 23 by inserting after the item relating to section 5332 (as 24 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 RE
PORT SYSTEM.
at financial institutions for regular review of the exemption procedures used at the institution and the training of personnel in its effective use.
(2) REPORT REQUIRED.—The Secretary of the Treasury shall submit a report to the Congress before the end of the 1-year period beginning on the date of enactment of this Act containing the findings and conclusions of the Secretary with regard to the study required under subsection (a), and such recommendations for legislative or administrative action as the Secretary determines to be appropriate.
Subtitle C—Currency Crimes and Protection
SEC. 371. BULK CASH SMUGGLING INTO OR OUT OF THE
UNITED STATES.
(c) ENACTMENT OF BULK CASH SMUGGLING OF-FENSE.—Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following:
‘‘§ 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 in
volved 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.’’.
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:
‘‘§ 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 pun
ishable;
‘‘(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.’’.
SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OB
LIGATIONS.
(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’’.
SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OB
LIGATIONS.
States Code, is amended by striking ‘‘three years’’ and inserting ‘‘20 years’’.
(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’’.
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 mem
ber, or other entity within the jurisdiction of the
United States; and
‘‘(2) the person transports, delivers, conveys, transfers to or through, or otherwise stores, secrets, or holds within the jurisdiction of the United States, any article used to assist in the commission of the offense or the proceeds of such offense or property derived therefrom.’’.
TITLE IV—PROTECTING THE BORDER Subtitle A—Protecting the Northern Border
SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE
NORTHERN BORDER.
The Attorney General is authorized to waive any FTE cap on personnel assigned to the Immigration and Naturalization Service on the Northern border.
SEC. 402. NORTHERN BORDER PERSONNEL.
There are authorized to be appropriated—
SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND
THE INS TO CERTAIN IDENTIFYING INFORMA
TION 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—
(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.’’.
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 De-partment 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 FIN
GERPRINT IDENTIFICATION SYSTEM FOR
PORTS OF ENTRY AND OVERSEAS CONSULAR
POSTS.
Subtitle B—Enhanced Immigration Provisions
SEC. 411. DEFINITIONS RELATING TO TERRORISM.
(a) GROUNDS OF INADMISSIBILITY.—Section 212(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)) is amended—
(1) in subparagraph (B)—
‘‘(aa) a foreign terrorist organization, as designated by the Secretary of State under section 219, or
‘‘(bb) a political, social or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities,’’;
(ii) in subclause (V), by inserting ‘‘or’’ after ‘‘section 219,’’; and
(iii) by adding at the end the following new subclauses:
‘‘(VI) has used the alien’s position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities, or
‘‘(VII) is the spouse or child of an alien who is inadmissible under this section, if the activity causing the alien to be found inadmissible occurred within the last 5 years,’’;
(B) by redesignating clauses (ii), (iii), and
‘‘(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 ac
tivity causing the alien to be found in
admissible 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.’’;
‘‘(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 indi
cating an intention to cause death or
serious bodily injury, a terrorist activ
ity;
‘‘(II) to prepare or plan a terrorist activity; ‘‘(III) to gather information on potential targets for terrorist activity; ‘‘(IV) to solicit funds or other things of value for—
‘‘(aa) a terrorist activity;
‘‘(bb) a terrorist organiza
tion described in clause (vi)(I) or (vi)(II); or
‘‘(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation
would further the organization’s terrorist activity; ‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct otherwise described in this clause;
‘‘(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or
‘‘(cc) for membership in a
terrorist organization described
in clause (vi)(III), unless the so
licitor can demonstrate that he
did not know, and should not
reasonably have known, that the
solicitation would further the or-
ganization’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, bi-
ological, or radiological weapons), explosives, or training— ‘‘(aa) for the commission of a terrorist activity;
‘‘(bb) to any individual who
the actor knows, or reasonably
should know, has committed or
plans to commit a terrorist activ
ity;
‘‘(cc) to a terrorist organization described in clause (vi)(I) or (vi)(II); or
‘‘(dd) to a terrorist organi
zation described in clause
(vi)(III), unless the actor can
demonstrate that he did not
know, and should not reasonably
have known, that the act would
further the organization’s ter
rorist 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 DE-FINED.—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 ORGA-NIZATIONS.—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.’’.
amended by striking ‘‘or (IV)’’ and inserting ‘‘(IV), or (VI)’’.
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 Im
migration | 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.—Sub-paragraph (A) shall not be construed to prevent an alien from being considered inadmissible or deportable for having engaged in a terrorist activity—
(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 ORGANI-ZATIONS.—Section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) is amended—
‘‘(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 REG-ISTER.—The Secretary shall publish the designation in the Federal Register seven days after providing the notification under clause (i).’’;
evant 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.’’;
(10) in paragraph (7), by inserting ‘‘, or the revocation of a redesignation under paragraph (6),’’ after ‘‘paragraph (5) or (6)’’; and
SEC. 412. MANDATORY DETENTION OF SUSPECTED TER
RORISTS; HABEAS CORPUS; JUDICIAL RE
VIEW.
(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 para-graph (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 DETEN-TION.—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).
1 ‘‘(c) STATUTORY CONSTRUCTION.—The provisions of 2 this section shall not be applicable to any other provision 3 of this Act.’’. 4 (b) CLERICAL AMENDMENT.—The table of contents 5 of the Immigration and Nationality Act is amended by in6 serting after the item relating to section 236 the following:
‘‘Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial review.’’.
7 (c) REPORTS.—Not later than 6 months after the 8 date of the enactment of this Act, and every 6 months 9 thereafter, the Attorney General shall submit a report to 10 the Committee on the Judiciary of the House of Rep11 resentatives and the Committee on the Judiciary of the 12 Senate, with respect to the reporting period, on— 13 (1) the number of aliens certified under section 14 236A(a)(3) of the Immigration and Nationality Act, 15 as added by subsection (a); 16 (2) the grounds for such certifications; 17 (3) the nationalities of the aliens so certified; 18 (4) the length of the detention for each alien so 19 certified; and 20 (5) the number of aliens so certified who— 21 (A) were granted any form of relief from 22 removal; 23 (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 TERROR
ISTS.
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.
SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECU
RITY 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 RE
QUIRED.—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 INFORMA-TION.—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—
‘‘(3) OTHER APPROVED EDUCATIONAL INSTITU-TION.—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.
(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 ensur
ing 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.
Subtitle C—Preservation of Immigration Benefits for Victims of Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL.—For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Attorney General may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the alien—
(1) files with the Attorney General a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8
U.S.C. 1153(b)(4)); and
(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—
(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.
SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.
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.
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 AC-TION.—For purposes of paragraph (1), circumstances preventing an alien from using an immigrant visa number during fiscal year 2001 are—
(A) office closures;
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.
rated 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.
U.S.C. 1154(a)(1)(A)).
tion 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—
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—
SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF
EMPLOYMENT.
SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEM
BERS OF TERRORISTS.
Notwithstanding any other provision of this subtitle, nothing in this subtitle shall be construed to provide any benefit or relief to—
SEC. 428. DEFINITIONS.
TITLE V—REMOVING OBSTACLES TO INVESTIGATING TERRORISM
SEC. 501. ATTORNEY GENERAL’S AUTHORITY TO PAY RE
WARDS TO COMBAT TERRORISM.
SEC. 502. SECRETARY OF STATE’S AUTHORITY TO PAY RE
WARDS.
Section 36 of the State Department Basic Authorities Act of 1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended—
(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
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 of
fenses, 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 for
eign 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 Surveil-lance 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 for
eign power;
‘‘(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
‘‘(C) clandestine intelligence activities by an in
telligence 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 AUTHORI
TIES.
(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’’;
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 un-lawful 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 sub-section 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 SUR
VEYS.
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 informa
tion (including individually identifiable informa
tion) in the possession of the center that are
relevant to an authorized investigation or pros
ecution of an offense listed in section 2332b(g)(5)(B) of title 18, United States Code, or an act of domestic or international terrorism as defined in section 2331 of that title; and
‘‘(B) for official purposes related to the investigation or prosecution of an offense described in paragraph (1)(A), retain, disseminate, and use (including as evidence at trial or in other administrative or judicial proceedings) such information, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality. ‘‘(2) APPLICATION AND APPROVAL.—
‘‘(A) IN GENERAL.—An application under paragraph (1) shall certify that there are specific and articulable facts giving reason to believe that the information sought is described in paragraph (1)(A).
‘‘(B) The court shall issue an order described in paragraph (1) if the court finds that the application for the order includes the certification described in subparagraph (A).
‘‘(3) PROTECTION.—An officer or employee of the Department who, in good faith, produces information in accordance with an order issued under this subsection does not violate subsection (b)(2) and shall not be liable to any person for that production.’’.
TITLE VI—PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES Subtitle A—Aid to Families of
Public Safety Officers
SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFI
CERS INVOLVED IN THE PREVENTION, INVES
TIGATION, RESCUE, OR RECOVERY EFFORTS
RELATED TO A TERRORIST ATTACK.
SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EX
PEDITED 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—
(3) striking ‘‘1201(a)’’ and inserting ‘‘1201’’.
SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM
PAYMENT INCREASE.
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—
Subtitle B—Amendments to the Victims of Crime Act of 1984
SEC. 621. CRIME VICTIMS FUND.
(a) DEPOSIT OF GIFTS IN THE FUND.—Section 1402(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(b)) is amended—
(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 FIS
CAL 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.’’.
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—
SEC. 622. CRIME VICTIM COMPENSATION.
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) EXCLUSION FROM INCOME, RESOURCES, AND ASSETS FOR PURPOSES OF MEANS TESTS.—Notwith-standing 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.’’.
SEC. 623. CRIME VICTIM ASSISTANCE.
(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.’’.
U.S.C. 10603(c)(2)) is amended—
(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—
(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.’’.
TITLE VII—INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION
SEC. 701. EXPANSION OF REGIONAL INFORMATION SHAR
ING SYSTEM TO FACILITATE FEDERAL-STATE-
LOCAL LAW ENFORCEMENT RESPONSE RE
LATED 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’’;
tion sharing systems to enhance the investigation and prosecution abilities of participating enforcement agencies in addressing multi-jurisdictional terrorist conspiracies and activities; and (5)’’; and
270
(3) by inserting at the end the following: ‘‘(d) AUTHORIZATION OF APPROPRIATION TO THE
BUREAU OF JUSTICE ASSISTANCE.—There are authorized to be appropriated to the Bureau of Justice Assistance to carry out this section $50,000,000 for fiscal year 2002 and $100,000,000 for fiscal year 2003.’’.
TITLE VIII—STRENGTHENING
THE CRIMINAL LAWS
AGAINST TERRORISM SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIO
LENCE AGAINST MASS TRANSPORTATION
SYSTEMS.
Chapter 97 of title 18, United States Code, is amended by adding at the end the following:
‘‘§ 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 in-tent 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
1 shall include schoolbus, charter, and sightseeing 2 transportation; 3 ‘‘(6) the term ‘serious bodily injury’ has the 4 meaning given to that term in section 1365 of this 5 title; 6 ‘‘(7) the term ‘State’ has the meaning given to 7 that term in section 2266 of this title; and 8 ‘‘(8) the term ‘toxin’ has the meaning given to 9 that term in section 178(2) of this title.’’. 10 (f) CONFORMING AMENDMENT.—The analysis of 11 chapter 97 of title 18, United States Code, is amended 12 by adding at the end:
‘‘1993. Terrorist attacks and other acts of violence against mass transportation systems.’’.
13 SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
14 (a) DOMESTIC TERRORISM DEFINED.—Section 2331 15 of title 18, United States Code, is amended— 16 (1) in paragraph (1)(B)(iii), by striking ‘‘by as17 sassination or kidnapping’’ and inserting ‘‘by mass 18 destruction, assassination, or kidnapping’’; 19 (2) in paragraph (3), by striking ‘‘and’’; 20 (3) in paragraph (4), by striking the period at 21 the end and inserting ‘‘; and’’; and 22 (4) by adding at the end the following: 23 ‘‘(5) the term ‘domestic terrorism’ means activi24 ties 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 gov
ernment by intimidation or coercion; or
‘‘(iii) to affect the conduct of a gov
ernment by mass destruction, assassina
tion, 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:
‘‘§ 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 1 amended by inserting after the item for section 2338 the 2 following:
‘‘2339. Harboring or concealing terrorists.’’.
3 SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S.
4 FACILITIES ABROAD.
5 Section 7 of title 18, United States Code, is amended
6 by adding at the end the following:
7 ‘‘(9) With respect to offenses committed by or
8 against a national of the United States as that term
9 is used in section 101 of the Immigration and Na10 tionality Act— 11 ‘‘(A) the premises of United States diplo12 matic, consular, military or other United States 13 Government missions or entities in foreign 14 States, including the buildings, parts of build15 ings, and land appurtenant or ancillary thereto 16 or used for purposes of those missions or enti17 ties, irrespective of ownership; and 18 ‘‘(B) residences in foreign States and the 19 land appurtenant or ancillary thereto, irrespec20 tive of ownership, used for purposes of those 21 missions or entities or used by United States 22 personnel assigned to those missions or entities. 23 Nothing in this paragraph shall be deemed to super24 sede any treaty or international agreement with 25 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.
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 organiza
tion 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 PROVI
SION OF MATERIAL SUPPORT TO TER
RORISM.
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—
‘‘(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 mur-der 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 ter-rorism 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 TER
RORISM OFFENSES.
(a) IN GENERAL.—Section 3286 of title 18, United States Code, is amended to read as follows:
‘‘§ 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 com-mitted before, on, or after the date of the enactment of this section.
SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TER
RORISM OFFENSES.
(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.
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 RACKET
EERING ACTIVITY.
Section 1961(1) of title 18, United States Code, is amended—
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—
(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 pro
ceeding brought by the United States only,
loss resulting from a related course of con
duct 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, treat
ment, or care of 1 or more individuals; ‘‘(iii) physical injury to any person; ‘‘(iv) a threat to public health or safe
ty; 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;’’.
‘‘(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—
(5) by adding at the end the following:
‘‘(10) the term ‘conviction’ shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer;
‘‘(11) the term ‘loss’ means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service; and
‘‘(12) the term ‘person’ means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity.’’.
(e) DAMAGES IN CIVIL ACTIONS.—Section 1030(g) of title 18, United States Code is amended—
(f) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN COMPUTER FRAUD AND ABUSE.— Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to ensure that any individual convicted of a violation of section 1030 of title 18, United States Code, can be subjected to appropriate penalties, without regard to any mandatory minimum term of imprisonment. SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELAT
ING TO PRESERVING RECORDS IN RESPONSE
TO GOVERNMENT REQUESTS.
Section 2707(e)(1) of title 18, United States Code, is amended by inserting after ‘‘or statutory authorization’’ the following: ‘‘(including a request of a governmental entity under section 2703(f) of this title)’’. SEC. 816. DEVELOPMENT AND SUPPORT OF
CYBERSECURITY FORENSIC CAPABILITIES.
(a) IN GENERAL.—The Attorney General shall establish such regional computer forensic laboratories as the Attorney General considers appropriate, and provide support to existing computer forensic laboratories, in order that all such computer forensic laboratories have the capability—
SEC. 817. EXPANSION OF THE BIOLOGICAL WEAPONS STAT
UTE.
Chapter 10 of title 18, United States Code, is amended—
‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms ‘biological agent’ and ‘toxin’ do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.’’;
(2) by inserting after section 175a the following:
‘‘SEC. 175b. POSSESSION BY RESTRICTED PERSONS.
‘‘(a) No restricted person described in subsection (b) shall ship or transport interstate or foreign commerce, or possess in or affecting commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a select agent in subsection (j) of section 72.6 of title 42, Code of Federal Regulations, pursuant to section 511(d)(l) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132), and is not exempted under subsection (h) of such section 72.6, or appendix A of part 72 of the Code of Regulations.
‘‘(b) In this section:
‘‘(1) The term ‘select agent’ does not include any such biological agent or toxin that is in its natu-rally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or other
wise extracted from its natural source.
‘‘(2) The term ‘restricted person’ means an individual who—
‘‘(A) is under indictment for a crime pun
ishable by imprisonment for a term exceeding 1
year;
‘‘(B) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
‘‘(C) is a fugitive from justice;
‘‘(D) is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
‘‘(E) is an alien illegally or unlawfully in the United States;
‘‘(F) has been adjudicated as a mental defective or has been committed to any mental institution;
‘‘(G) is an alien (other than an alien lawfully admitted for permanent residence) who is a national of a country as to which the Secretary of State, pursuant to section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control Act (22 U.S.C. 2780(d)), has made a determination (that remains in effect) that such country has repeatedly provided support for acts of international terrorism; or
‘‘(H) has been discharged from the Armed
Services of the United States under dishonor
able conditions.
‘‘(3) The term ‘alien’ has the same meaning as in section 1010(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
‘‘(4) The term ‘lawfully admitted for permanent
residence’ has the same meaning as in section
101(a)(20) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(20)).
‘‘(c) Whoever knowingly violates this section shall be fined as provided in this title, imprisoned not more than 10 years, or both, but the prohibition contained in this section shall not apply with respect to any duly authorized United States governmental activity.’’; and
(3) in the chapter analysis, by inserting after the item relating to section 175a the following:
‘‘175b. Possession by restricted persons.’’.
TITLE IX—IMPROVED INTELLIGENCE
SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL
INTELLIGENCE REGARDING FOREIGN INTEL
LIGENCE COLLECTED UNDER FOREIGN IN
TELLIGENCE SURVEILLANCE ACT OF 1978.
Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403–3(c)) is amended—
‘‘(6) establish requirements and priorities for foreign intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide assistance to the Attorney General to ensure that information derived from electronic surveillance or physical searches under that Act is disseminated so it may be used efficiently and effectively for foreign intelligence purposes, except that the Director shall have no authority to direct, manage, or undertake electronic surveillance or physical search operations pursuant to that Act unless otherwise authorized by statute or executive order;’’.
SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST AC
TIVITIES WITHIN SCOPE OF FOREIGN INTEL
LIGENCE UNDER NATIONAL SECURITY ACT
OF 1947.
Section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended—
SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT
AND MAINTENANCE OF INTELLIGENCE RELA
TIONSHIPS TO ACQUIRE INFORMATION ON
TERRORISTS AND TERRORIST ORGANIZA
TIONS.
It is the sense of Congress that officers and employees of the intelligence community of the Federal Government, acting within the course of their official duties, should be encouraged, and should make every effort, to establish and maintain intelligence relationships with any person, entity, or group for the purpose of engaging in lawful intelligence activities, including the acquisition of information on the identity, location, finances, affiliations, capabilities, plans, or intentions of a terrorist or terrorist organization, or information on any other person, entity, or group (including a foreign government) engaged in harboring, comforting, financing, aiding, or assisting a terrorist or terrorist organization.
SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL
TO CONGRESS OF REPORTS ON INTEL
LIGENCE AND INTELLIGENCE-RELATED MAT
TERS.
mittee on Intelligence of the House of Representatives by the Department of Defense or the Department of Justice during the effective period of this section.
SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTEL
LIGENCE OF FOREIGN INTELLIGENCE-RE-
LATED INFORMATION WITH RESPECT TO
CRIMINAL INVESTIGATIONS.
(a) IN GENERAL.—Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended—
‘‘DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN
CRIMINAL INVESTIGATIONS; NOTICE OF CRIMINAL
INVESTIGATIONS OF FOREIGN INTELLIGENCE
SOURCES
‘‘SEC. 105B. (a) DISCLOSURE OF FOREIGN INTEL-LIGENCE.—(1) Except as otherwise provided by law and subject to paragraph (2), the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of Central Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation.
‘‘(2) The Attorney General by regulation and in consultation with the Director of Central Intelligence may provide for exceptions to the applicability of paragraph (1) for one or more classes of foreign intelligence, or foreign intelligence with respect to one or more targets or matters, if the Attorney General determines that disclosure of such foreign intelligence under that paragraph would jeopardize an ongoing law enforcement investigation or impair other significant law enforcement interests.
1 ‘‘(b) PROCEDURES FOR NOTICE OF CRIMINAL INVES2 TIGATIONS.—Not later than 180 days after the date of 3 enactment of this section, the Attorney General, in con4 sultation with the Director of Central Intelligence, shall 5 develop guidelines to ensure that after receipt of a report 6 from an element of the intelligence community of activity 7 of a foreign intelligence source or potential foreign intel8 ligence source that may warrant investigation as criminal 9 activity, the Attorney General provides notice to the Direc10 tor of Central Intelligence, within a reasonable period of 11 time, of his intention to commence, or decline to com12 mence, a criminal investigation of such activity. 13 ‘‘(c) PROCEDURES.—The Attorney General shall de14 velop procedures for the administration of this section, in15 cluding the disclosure of foreign intelligence by elements 16 of the Department of Justice, and elements of other de17 partments and agencies of the Federal Government, under 18 subsection (a) and the provision of notice with respect to 19 criminal investigations under subsection (b).’’. 20 (b) CLERICAL AMENDMENT.—The table of contents 21 in the first section of that Act is amended by striking the 22 item relating to section 105B and inserting the following 23 new items:
‘‘Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources. ‘‘Sec. 105C. Protection of the operational files of the National Imagery and Mapping Agency.’’.
SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.
SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.
munity’’ means any element of the intelligence community specified or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARD
ING IDENTIFICATION AND USE OF FOREIGN
INTELLIGENCE.
TITLE X—MISCELLANEOUS
SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE.
The Inspector General of the Department of Justice shall designate one official who shall—
graph (1), including a description of the use of funds appropriations used to carry out this subsection.
SEC. 1002. SENSE OF CONGRESS.
SEC. 1003. DEFINITION OF ‘‘ELECTRONIC SURVEILLANCE’’.
Section 101(f)(2) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801(f)(2)) is amended by adding at the end before the semicolon the following: ‘‘, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18, United States Code’’. SEC. 1004. VENUE IN MONEY LAUNDERING CASES.
Section 1956 of title 18, United States Code, is amended by adding at the end the following:
‘‘(i) VENUE.—(1) Except as provided in paragraph (2), a prosecution for an offense under this section or section 1957 may be brought in—
‘‘(A) any district in which the financial or mon
etary transaction is conducted; or
‘‘(B) any district where a prosecution for the underlying specified unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transaction is conducted.
‘‘(2) A prosecution for an attempt or conspiracy offense under this section or section 1957 may be brought in the district where venue would lie for the completed offense under paragraph (1), or in any other district where an act in furtherance of the attempt or conspiracy took place.
‘‘(3) For purposes of this section, a transfer of funds from 1 place to another, by wire or any other means, shall constitute a single, continuing transaction. Any person who conducts (as that term is defined in subsection (c)(2)) any portion of the transaction may be charged in any district in which the transaction takes place.’’. SEC. 1005. FIRST RESPONDERS ASSISTANCE ACT.
be used for programs, projects, and other activities to address—
to ensure compliance with the requirements of this section.
SEC. 1006. INADMISSIBILITY OF ALIENS ENGAGED IN
MONEY LAUNDERING.
(a) AMENDMENT TO IMMIGRATION AND NATIONALITY ACT.—Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:
‘‘(I) MONEY LAUNDERING.—Any alien—
‘‘(i) who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described in section 1956 or 1957 of title 18, United States Code (relating to laundering of monetary instruments); or
‘‘(ii) who a consular officer or the At
torney General knows is, or has been, a
knowing aider, abettor, assister, con
spirator, or colluder with others in an of
fense which is described in such section; is inadmissible.’’.
(b) MONEY LAUNDERING WATCHLIST.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop, implement, and certify to the Congress that there has been established a money laundering watchlist, which identifies individuals worldwide who are known or suspected of money laundering, which is readily accessible to, and shall be checked by, a consular or other Federal official prior to the issuance of a visa or admission to the United States. The Secretary of State shall develop and continually update the watchlist in cooperation with the Attorney General, the Secretary of the Treasury, and the Director of Central Intelligence.
SEC. 1007. AUTHORIZATION OF FUNDS FOR DEA POLICE
TRAINING IN SOUTH AND CENTRAL ASIA.
In addition to amounts otherwise available to carry out section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291), there is authorized to be appropriated to the President not less than $5,000,000 for fiscal year 2002 for regional antidrug training in the Republic of Turkey by the Drug Enforcement Administration for police, as well as increased precursor chemical control efforts in the South and Central Asia region.
SEC. 1008. FEASIBILITY STUDY ON USE OF BIOMETRIC
IDENTIFIER SCANNING SYSTEM WITH AC
CESS 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 PER
FORMANCE OF SECURITY FUNCTIONS AT
UNITED STATES MILITARY INSTALLATIONS.
SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS.
(1) in section 3(a)(2), by inserting after ‘‘practices’’ the second place it appears the following: ‘‘which shall include fraudulent charitable solicitations, and’’;
(C) by adding at the end the following:
‘‘(D) a requirement that any person engaged in telemarketing for the solicitation of charitable contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to solicit charitable contributions, donations, or gifts, and make such other disclosures as the Commission considers appropriate, including the name and mailing address of the charitable organization on behalf of which the solicitation is made.’’; and
(3) in section 7(4), by inserting ‘‘, or a charitable contribution, donation, or gift of money or any other thing of value,’’ after ‘‘services’’.
SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LI
CENSES.
‘‘§ 5103a. Limitation on issuance of hazmat licenses
‘‘(a) LIMITATION.—
‘‘(1) ISSUANCE OF LICENSES.—A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless the Secretary of Transportation has first determined, upon receipt of a notification under subsection (c)(1)(B), that the individual does not pose a security risk warranting denial of the license.
‘‘(2) RENEWALS INCLUDED.—For the purposes
of this section, the term ‘issue’, with respect to a li
cense, includes renewal of the license.
‘‘(b) HAZARDOUS MATERIALS DESCRIBED.—The limitation in subsection (a) shall apply with respect to— ‘‘(1) any material defined as a hazardous material by the Secretary of Transportation; and
‘‘(2) any chemical or biological material or
agent determined by the Secretary of Health and
Human Services or the Attorney General as being a
threat to the national security of the United States.
‘‘(c) BACKGROUND RECORDS CHECK.—
‘‘(1) IN GENERAL.—Upon the request of a State regarding issuance of a license described in subsection (a)(1) to an individual, the Attorney General—
‘‘(A) shall carry out a background records
check regarding the individual; and
‘‘(B) upon completing the background
records check, shall notify the Secretary of
Transportation of the completion and results of
the background records check.
‘‘(2) SCOPE.—A background records check regarding an individual under this subsection shall consist of the following: ‘‘(A) A check of the relevant criminal history data bases.
‘‘(B) In the case of an alien, a check of the
relevant data bases to determine the status of
the alien under the immigration laws of the
United States.
‘‘(C) As appropriate, a check of the rel
evant international data bases through
Interpol–U.S. National Central Bureau or other
appropriate means.
‘‘(d) REPORTING REQUIREMENT.—Each State shall submit to the Secretary of Transportation, at such time
1 and in such manner as the Secretary may prescribe, the 2 name, address, and such other information as the Sec3 retary may require, concerning— 4 ‘‘(1) each alien to whom the State issues a li5 cense described in subsection (a); and 6 ‘‘(2) each other individual to whom such a li7 cense is issued, as the Secretary may require. 8 ‘‘(e) ALIEN DEFINED.—In this section, the term 9 ‘alien’ has the meaning given the term in section 101(a)(3) 10 of the Immigration and Nationality Act.’’. 11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of such chapter is amended 13 by inserting after the item relating to section 5103 14 the following new item:
‘‘5103a. Limitation on issuance of hazmat licenses.’’. 15 (b) REGULATION OF DRIVER FITNESS.—Section 16 31305(a)(5) of title 49, United States Code, is amended— 17 (1) by striking ‘‘and’’ at the end of subpara18 graph (A); 19 (2) by inserting ‘‘and’’ at the end of subpara20 graph (B); and 21 (3) by adding at the end the following new sub22 paragraph: 23 ‘‘(C) is licensed by a State to operate the 24 vehicle after having first been determined under section 5103a of this title as not posing a security risk warranting denial of the license.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for the Department of Transportation and the Department of Justice such amounts as may be necessary to carry out section 5103a of title 49, United States Code, as added by subsection (a).
SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CON
CERNING THE PROVISION OF FUNDING FOR
BIOTERRORISM PREPAREDNESS AND RE
SPONSE.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that the United States should make a substantial new investment this year toward the following:
SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DO
MESTIC PREPAREDNESS SUPPORT.
SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE
CRIME IDENTIFICATION TECHNOLOGY ACT
FOR ANTITERRORISM GRANTS TO STATES
AND LOCALITIES.
Section 102 of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601) is amended—
(C) by adding at the end the following:
‘‘(18) notwithstanding subsection (c), antiterrorism purposes as they relate to any other uses under this section or for other antiterrorism programs.’’; and
(2) in subsection (e)(1), by striking ‘‘this section’’ and all that follows and inserting ‘‘this section $250,000,000 for each of fiscal years 2002 through 2007.’’.
SEC. 1016. CRITICAL INFRASTRUCTURES PROTECTION.
1 systems and assets would have a debilitating impact on 2 security, national economic security, national public health 3 or safety, or any combination of those matters. 4 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 5 hereby authorized for the Department of Defense for fiscal 6 year 2002, $20,000,000 for the Defense Threat Reduction 7 Agency for activities of the National Infrastructure Sim8 ulation and Analysis Center under this section in that fis9 cal year. Passed the House of Representatives October 24, 2001. Attest: JEFF TRANDAHL,
Clerk.