[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3162 Enrolled Bill (ENR)]
H.R.3162
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To deter and punish terrorist acts in the United States and around the
world, to enhance law enforcement investigatory tools, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and
Muslim Americans.
Sec. 103. Increased funding for the technical support center at the
Federal Bureau of Investigation.
Sec. 104. Requests for military assistance to enforce prohibition in
certain emergencies.
Sec. 105. Expansion of National Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.
TITLE II--ENHANCED SURVEILLANCE PROCEDURES
Sec. 201. Authority to intercept wire, oral, and electronic
communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic
communications relating to computer fraud and abuse offenses.
Sec. 203. Authority to share criminal investigative information.
Sec. 204. Clarification of intelligence exceptions from limitations on
interception and disclosure of wire, oral, and electronic
communications.
Sec. 205. Employment of translators by the Federal Bureau of
Investigation.
Sec. 206. Roving surveillance authority under the Foreign Intelligence
Surveillance Act of 1978.
Sec. 207. Duration of FISA surveillance of non-United States persons who
are agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to warrants.
Sec. 210. Scope of subpoenas for records of electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic communications to protect
life and limb.
Sec. 213. Authority for delaying notice of the execution of a warrant.
Sec. 214. Pen register and trap and trace authority under FISA.
Sec. 215. Access to records and other items under the Foreign
Intelligence Surveillance Act.
Sec. 216. Modification of authorities relating to use of pen registers
and trap and trace devices.
Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.
Sec. 225. Immunity for compliance with FISA wiretap.
TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST
FINANCING ACT OF 2001
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional review; expedited consideration.
Subtitle A--International Counter Money Laundering and Related Measures
Sec. 311. Special measures for jurisdictions, financial institutions, or
international transactions of primary money laundering
concern.
Sec. 312. Special due diligence for correspondent accounts and private
banking accounts.
Sec. 313. Prohibition on United States correspondent accounts with
foreign shell banks.
Sec. 314. Cooperative efforts to deter money laundering.
Sec. 315. Inclusion of foreign corruption offenses as money laundering
crimes.
Sec. 316. Anti-terrorist forfeiture protection.
Sec. 317. Long-arm jurisdiction over foreign money launderers.
Sec. 318. Laundering money through a foreign bank.
Sec. 319. Forfeiture of funds in United States interbank accounts.
Sec. 320. Proceeds of foreign crimes.
Sec. 321. Financial institutions specified in subchapter II of chapter
53 of title 31, United States code.
Sec. 322. Corporation represented by a fugitive.
Sec. 323. Enforcement of foreign judgments.
Sec. 324. Report and recommendation.
Sec. 325. Concentration accounts at financial institutions.
Sec. 326. Verification of identification.
Sec. 327. Consideration of anti-money laundering record.
Sec. 328. International cooperation on identification of originators of
wire transfers.
Sec. 329. Criminal penalties.
Sec. 330. International cooperation in investigations of money
laundering, financial crimes, and the finances of terrorist
groups.
Subtitle B--Bank Secrecy Act Amendments and Related Improvements
Sec. 351. Amendments relating to reporting of suspicious activities.
Sec. 352. Anti-money laundering programs.
Sec. 353. Penalties for violations of geographic targeting orders and
certain recordkeeping requirements, and lengthening effective
period of geographic targeting orders.
Sec. 354. Anti-money laundering strategy.
Sec. 355. Authorization to include suspicions of illegal activity in
written employment references.
Sec. 356. Reporting of suspicious activities by securities brokers and
dealers; investment company study.
Sec. 357. Special report on administration of bank secrecy provisions.
Sec. 358. Bank secrecy provisions and activities of United States
intelligence agencies to fight international terrorism.
Sec. 359. Reporting of suspicious activities by underground banking
systems.
Sec. 360. Use of authority of United States Executive Directors.
Sec. 361. Financial crimes enforcement network.
Sec. 362. Establishment of highly secure network.
Sec. 363. Increase in civil and criminal penalties for money laundering.
Sec. 364. Uniform protection authority for Federal Reserve facilities.
Sec. 365. Reports relating to coins and currency received in
nonfinancial trade or business.
Sec. 366. Efficient use of currency transaction report system.
Subtitle C--Currency Crimes and Protection
Sec. 371. Bulk cash smuggling into or out of the United States.
Sec. 372. Forfeiture in currency reporting cases.
Sec. 373. Illegal money transmitting businesses.
Sec. 374. Counterfeiting domestic currency and obligations.
Sec. 375. Counterfeiting foreign currency and obligations.
Sec. 376. Laundering the proceeds of terrorism.
Sec. 377. Extraterritorial jurisdiction.
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern Border
Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain
identifying information in the criminal history records of
visa applicants and applicants for admission to the United
States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification
system for ports of entry and overseas consular posts.
Subtitle B--Enhanced Immigration Provisions
Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus;
judicial review.
Sec. 413. Multilateral cooperation against terrorists.
Sec. 414. Visa integrity and security.
Sec. 415. Participation of Office of Homeland Security on Entry-Exit
Task Force.
Sec. 416. Foreign student monitoring program.
Sec. 417. Machine readable passports.
Sec. 418. Prevention of consulate shopping.
Subtitle C--Preservation of Immigration Benefits for Victims of
Terrorism
Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and
children.
Sec. 424. ``Age-out'' protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.
TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM
Sec. 501. Attorney General's authority to pay rewards to combat
terrorism.
Sec. 502. Secretary of State's authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.
TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS,
AND THEIR FAMILIES
Subtitle A--Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers involved in the
prevention, investigation, rescue, or recovery efforts related
to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for
heroic public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
Subtitle B--Amendments to the Victims of Crime Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE
PROTECTION
Sec. 701. Expansion of regional information sharing system to facilitate
Federal-State-local law enforcement response related to
terrorist attacks.
TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
Sec. 801. Terrorist attacks and other acts of violence against mass
transportation systems.
Sec. 802. Definition of domestic terrorism.
Sec. 803. Prohibition against harboring terrorists.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material
support to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving
records in response to Government requests.
Sec. 816. Development and support of cybersecurity forensic
capabilities.
Sec. 817. Expansion of the biological weapons statute.
TITLE IX--IMPROVED INTELLIGENCE
Sec. 901. Responsibilities of Director of Central Intelligence regarding
foreign intelligence collected under Foreign Intelligence
Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope
of foreign intelligence under National Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and maintenance of
intelligence relationships to acquire information on
terrorists and terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports
on intelligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign
intelligence-related information with respect to criminal
investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and
use of foreign intelligence.
TITLE X--MISCELLANEOUS
Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of ``electronic surveillance''.
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in money laundering.
Sec. 1007. Authorization of funds for dea police training in south and
central asia.
Sec. 1008. Feasibility study on use of biometric identifier scanning
system with access to the fbi integrated automated fingerprint
identification system at overseas consular posts and points of
entry to the United States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority to contract with local and State
governments for performance of security functions at United
States military installations.
Sec. 1011. Crimes against charitable americans.
Sec. 1012. Limitation on issuance of hazmat licenses.
Sec. 1013. Expressing the sense of the senate concerning the provision
of funding for bioterrorism preparedness and response.
Sec. 1014. Grant program for State and local domestic preparedness
support.
Sec. 1015. Expansion and reauthorization of the crime identification
technology act for antiterrorism grants to States and
localities.
Sec. 1016. Critical infrastructures protection.
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable by
its terms, or as applied to any person or circumstance, shall be
construed so as to give it the maximum effect permitted by law, unless
such holding shall be one of utter invalidity or unenforceability, in
which event such provision shall be deemed severable from this Act and
shall not affect the remainder thereof or the application of such
provision to other persons not similarly situated or to other,
dissimilar circumstances.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
SEC. 101. COUNTERTERRORISM FUND.
(a) Establishment; Availability.--There is hereby established in
the Treasury of the United States a separate fund to be known as the
``Counterterrorism Fund'', amounts in which shall remain available
without fiscal year limitation--
(1) to reimburse any Department of Justice component for any
costs incurred in connection with--
(A) reestablishing the operational capability of an office
or facility that has been damaged or destroyed as the result of
any domestic or international terrorism incident;
(B) providing support to counter, investigate, or prosecute
domestic or international terrorism, including, without
limitation, paying rewards in connection with these activities;
and
(C) conducting terrorism threat assessments of Federal
agencies and their facilities; and
(2) to reimburse any department or agency of the Federal
Government for any costs incurred in connection with detaining in
foreign countries individuals accused of acts of terrorism that
violate the laws of the United States.
(b) No Effect on Prior Appropriations.--Subsection (a) shall not be
construed to affect the amount or availability of any appropriation to
the Counterterrorism Fund made before the date of the enactment of this
Act.
SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST ARAB AND
MUSLIM AMERICANS.
(a) Findings.--Congress makes the following findings:
(1) Arab Americans, Muslim Americans, and Americans from South
Asia play a vital role in our Nation and are entitled to nothing
less than the full rights of every American.
(2) The acts of violence that have been taken against Arab and
Muslim Americans since the September 11, 2001, attacks against the
United States should be and are condemned by all Americans who
value freedom.
(3) The concept of individual responsibility for wrongdoing is
sacrosanct in American society, and applies equally to all
religious, racial, and ethnic groups.
(4) When American citizens commit acts of violence against
those who are, or are perceived to be, of Arab or Muslim descent,
they should be punished to the full extent of the law.
(5) Muslim Americans have become so fearful of harassment that
many Muslim women are changing the way they dress to avoid becoming
targets.
(6) Many Arab Americans and Muslim Americans have acted
heroically during the attacks on the United States, including
Mohammed Salman Hamdani, a 23-year-old New Yorker of Pakistani
descent, who is believed to have gone to the World Trade Center to
offer rescue assistance and is now missing.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the civil rights and civil liberties of all Americans,
including Arab Americans, Muslim Americans, and Americans from
South Asia, must be protected, and that every effort must be taken
to preserve their safety;
(2) any acts of violence or discrimination against any
Americans be condemned; and
(3) the Nation is called upon to recognize the patriotism of
fellow citizens from all ethnic, racial, and religious backgrounds.
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER AT THE
FEDERAL BUREAU OF INVESTIGATION.
There are authorized to be appropriated for the Technical Support
Center established in section 811 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132) to help meet the demands
for activities to combat terrorism and support and enhance the
technical support and tactical operations of the FBI, $200,000,000 for
each of the fiscal years 2002, 2003, and 2004.
SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE PROHIBITION IN
CERTAIN EMERGENCIES.
Section 2332e of title 18, United States Code, is amended--
(1) by striking ``2332c'' and inserting ``2332a''; and
(2) by striking ``chemical''.
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE INITIATIVE.
The Director of the United States Secret Service shall take
appropriate actions to develop a national network of electronic crime
task forces, based on the New York Electronic Crimes Task Force model,
throughout the United States, for the purpose of preventing, detecting,
and investigating various forms of electronic crimes, including
potential terrorist attacks against critical infrastructure and
financial payment systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers Act (50 U.S.C.
1702) is amended--
(1) in subsection (a)(1)--
(A) at the end of subparagraph (A) (flush to that
subparagraph), by striking ``; and'' and inserting a comma and
the following:
``by any person, or with respect to any property, subject to the
jurisdiction of the United States;'';
(B) in subparagraph (B)--
(i) by inserting ``, block during the pendency of an
investigation'' after ``investigate''; and
(ii) by striking ``interest;'' and inserting ``interest
by any person, or with respect to any property, subject to
the jurisdiction of the United States; and'';
(C) by striking ``by any person, or with respect to any
property, subject to the jurisdiction of the United States`;
and
(D) by inserting at the end the following:
``(C) when the United States is engaged in armed
hostilities or has been attacked by a foreign country or
foreign nationals, confiscate any property, subject to the
jurisdiction of the United States, of any foreign person,
foreign organization, or foreign country that he determines has
planned, authorized, aided, or engaged in such hostilities or
attacks against the United States; and all right, title, and
interest in any property so confiscated shall vest, when, as,
and upon the terms directed by the President, in such agency or
person as the President may designate from time to time, and
upon such terms and conditions as the President may prescribe,
such interest or property shall be held, used, administered,
liquidated, sold, or otherwise dealt with in the interest of
and for the benefit of the United States, and such designated
agency or person may perform any and all acts incident to the
accomplishment or furtherance of these purposes.''; and
(2) by inserting at the end the following:
``(c) Classified Information.--In any judicial review of a
determination made under this section, if the determination was based
on classified information (as defined in section 1(a) of the Classified
Information Procedures Act) such information may be submitted to the
reviewing court ex parte and in camera. This subsection does not confer
or imply any right to judicial review.''.
TITLE II--ENHANCED SURVEILLANCE PROCEDURES
SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO TERRORISM.
Section 2516(1) of title 18, United States Code, is amended--
(1) by redesignating paragraph (p), as so redesignated by
section 434(2) of the Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104-132; 110 Stat. 1274), as paragraph (r); and
(2) by inserting after paragraph (p), as so redesignated by
section 201(3) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 110
Stat. 3009-565), the following new paragraph:
``(q) any criminal violation of section 229 (relating to chemical
weapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of
this title (relating to terrorism); or''.
SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE
OFFENSES.
Section 2516(1)(c) of title 18, United States Code, is amended by
striking ``and section 1341 (relating to mail fraud),'' and inserting
``section 1341 (relating to mail fraud), a felony violation of section
1030 (relating to computer fraud and abuse),''.
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.
(a) Authority To Share Grand Jury Information.--
(1) In general.--Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure is amended to read as follows:
``(C)(i) Disclosure otherwise prohibited by this rule of
matters occurring before the grand jury may also be made--
``(I) when so directed by a court preliminarily to or
in connection with a judicial proceeding;
``(II) when permitted by a court at the request of the
defendant, upon a showing that grounds may exist for a
motion to dismiss the indictment because of matters
occurring before the grand jury;
``(III) when the disclosure is made by an attorney for
the government to another Federal grand jury;
``(IV) when permitted by a court at the request of an
attorney for the government, upon a showing that such
matters may disclose a violation of State criminal law, to
an appropriate official of a State or subdivision of a
State for the purpose of enforcing such law; or
``(V) when the matters involve foreign intelligence or
counterintelligence (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)), or foreign
intelligence information (as defined in clause (iv) of this
subparagraph), to any Federal law enforcement,
intelligence, protective, immigration, national defense, or
national security official in order to assist the official
receiving that information in the performance of his
official duties.
``(ii) If the court orders disclosure of matters occurring
before the grand jury, the disclosure shall be made in such
manner, at such time, and under such conditions as the court
may direct.
``(iii) Any Federal official to whom information is
disclosed pursuant to clause (i)(V) of this subparagraph may
use that information only as necessary in the conduct of that
person's official duties subject to any limitations on the
unauthorized disclosure of such information. Within a
reasonable time after such disclosure, an attorney for the
government shall file under seal a notice with the court
stating the fact that such information was disclosed and the
departments, agencies, or entities to which the disclosure was
made.
``(iv) In clause (i)(V) of this subparagraph, the term
`foreign intelligence information' means--
``(I) information, whether or not concerning a United
States person, that relates to the ability of the United
States to protect against--
``(aa) actual or potential attack or other grave
hostile acts of a foreign power or an agent of a
foreign power;
``(bb) sabotage or international terrorism by a
foreign power or an agent of a foreign power; or
``(cc) clandestine intelligence activities by an
intelligence service or network of a foreign power or
by an agent of foreign power; or
``(II) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to--
``(aa) the national defense or the security of the
United States; or
``(bb) the conduct of the foreign affairs of the
United States.''.
(2) Conforming amendment.--Rule 6(e)(3)(D) of the Federal Rules
of Criminal Procedure is amended by striking ``(e)(3)(C)(i)'' and
inserting ``(e)(3)(C)(i)(I)''.
(b) Authority To Share Electronic, Wire, and Oral Interception
Information.--
(1) Law enforcement.--Section 2517 of title 18, United States
Code, is amended by inserting at the end the following:
``(6) Any investigative or law enforcement officer, or attorney for
the Government, who by any means authorized by this chapter, has
obtained knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may disclose such
contents to any other Federal law enforcement, intelligence,
protective, immigration, national defense, or national security
official to the extent that such contents include foreign intelligence
or counterintelligence (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence
information (as defined in subsection (19) of section 2510 of this
title), to assist the official who is to receive that information in
the performance of his official duties. Any Federal official who
receives information pursuant to this provision may use that
information only as necessary in the conduct of that person's official
duties subject to any limitations on the unauthorized disclosure of
such information.''.
(2) Definition.--Section 2510 of title 18, United States Code,
is amended by--
(A) in paragraph (17), by striking ``and'' after the
semicolon;
(B) in paragraph (18), by striking the period and inserting
``; and''; and
(C) by inserting at the end the following:
``(19) `foreign intelligence information' means--
``(A) information, whether or not concerning a United
States person, that relates to the ability of the United States
to protect against--
``(i) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
``(ii) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
``(iii) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power; or
``(B) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to--
``(i) the national defense or the security of the
United States; or
``(ii) the conduct of the foreign affairs of the United
States.''.
(c) Procedures.--The Attorney General shall establish procedures
for the disclosure of information pursuant to section 2517(6) and Rule
6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure that
identifies a United States person, as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).
(d) Foreign Intelligence Information.--
(1) In general.--Notwithstanding any other provision of law, it
shall be lawful for foreign intelligence or counterintelligence (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 401a)) or foreign intelligence information obtained as part
of a criminal investigation to be disclosed to any Federal law
enforcement, intelligence, protective, immigration, national
defense, or national security official in order to assist the
official receiving that information in the performance of his
official duties. Any Federal official who receives information
pursuant to this provision may use that information only as
necessary in the conduct of that person's official duties subject
to any limitations on the unauthorized disclosure of such
information.
(2) Definition.--In this subsection, the term ``foreign
intelligence information'' means--
(A) information, whether or not concerning a United States
person, that relates to the ability of the United States to
protect against--
(i) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
(ii) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
(iii) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power; or
(B) information, whether or not concerning a United States
person, with respect to a foreign power or foreign territory
that relates to--
(i) the national defense or the security of the United
States; or
(ii) the conduct of the foreign affairs of the United
States.
SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM LIMITATIONS ON
INTERCEPTION AND DISCLOSURE OF WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS.
Section 2511(2)(f) of title 18, United States Code, is amended--
(1) by striking ``this chapter or chapter 121'' and inserting
``this chapter or chapter 121 or 206 of this title''; and
(2) by striking ``wire and oral'' and inserting ``wire, oral,
and electronic''.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Authority.--The Director of the Federal Bureau of Investigation
is authorized to expedite the employment of personnel as translators to
support counterterrorism investigations and operations without regard
to applicable Federal personnel requirements and limitations.
(b) Security Requirements.--The Director of the Federal Bureau of
Investigation shall establish such security requirements as are
necessary for the personnel employed as translators under subsection
(a).
(c) Report.--The Attorney General shall report to the Committees on
the Judiciary of the House of Representatives and the Senate on--
(1) the number of translators employed by the FBI and other
components of the Department of Justice;
(2) any legal or practical impediments to using translators
employed by other Federal, State, or local agencies, on a full,
part-time, or shared basis; and
(3) the needs of the FBI for specific translation services in
certain languages, and recommendations for meeting those needs.
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting ``, or in
circumstances where the Court finds that the actions of the target of
the application may have the effect of thwarting the identification of
a specified person, such other persons,'' after ``specified person''.
SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS
WHO ARE AGENTS OF A FOREIGN POWER.
(a) Duration.--
(1) Surveillance.--Section 105(e)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is
amended by--
(A) inserting ``(A)'' after ``except that''; and
(B) inserting before the period the following: ``, and (B)
an order under this Act for a surveillance targeted against an
agent of a foreign power, as defined in section 101(b)(1)(A)
may be for the period specified in the application or for 120
days, whichever is less''.
(2) Physical Search.--Section 304(d)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended by--
(A) striking ``forty-five'' and inserting ``90'';
(B) inserting ``(A)'' after ``except that''; and
(C) inserting before the period the following: ``, and (B) an
order under this section for a physical search targeted against an
agent of a foreign power as defined in section 101(b)(1)(A) may be
for the period specified in the application or for 120 days,
whichever is less''.
(b) Extension.--
(1) In general.--Section 105(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is amended by--
(A) inserting ``(A)'' after ``except that''; and
(B) inserting before the period the following: ``, and (B)
an extension of an order under this Act for a surveillance
targeted against an agent of a foreign power as defined in
section 101(b)(1)(A) may be for a period not to exceed 1
year''.
(2) Defined term.--Section 304(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2) is
amended by inserting after ``not a United States person,'' the
following: ``or against an agent of a foreign power as defined in
section 101(b)(1)(A),''.
SEC. 208. DESIGNATION OF JUDGES.
Section 103(a) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803(a)) is amended by--
(1) striking ``seven district court judges'' and inserting ``11
district court judges''; and
(2) inserting ``of whom no fewer than 3 shall reside within 20
miles of the District of Columbia'' after ``circuits''.
SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO WARRANTS.
Title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (1), by striking beginning with ``and
such'' and all that follows through ``communication''; and
(B) in paragraph (14), by inserting ``wire or'' after
``transmission of''; and
(2) in subsections (a) and (b) of section 2703--
(A) by striking ``Contents of electronic'' and inserting
``Contents of wire or electronic'' each place it appears;
(B) by striking ``contents of an electronic'' and inserting
``contents of a wire or electronic'' each place it appears; and
(C) by striking ``any electronic'' and inserting ``any wire
or electronic'' each place it appears.
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS.
Section 2703(c)(2) of title 18, United States Code, as redesignated
by section 212, is amended--
(1) by striking ``entity the name, address, local and long
distance telephone toll billing records, telephone number or other
subscriber number or identity, and length of service of a
subscriber'' and inserting the following: ``entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection records, or
records of session times and durations;
``(D) length of service (including start date) and types of
service utilized;
``(E) telephone or instrument number or other subscriber number
or identity, including any temporarily assigned network address;
and
``(F) means and source of payment for such service (including
any credit card or bank account number),
of a subscriber''; and
(2) by striking ``and the types of services the subscriber or
customer utilized,''.
SEC. 211. CLARIFICATION OF SCOPE.
Section 631 of the Communications Act of 1934 (47 U.S.C. 551) is
amended--
(1) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``or'';
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by inserting at the end the following:
``(D) to a government entity as authorized under chapters 119,
121, or 206 of title 18, United States Code, except that such
disclosure shall not include records revealing cable subscriber
selection of video programming from a cable operator.''; and
(2) in subsection (h), by striking ``A governmental entity''
and inserting ``Except as provided in subsection (c)(2)(D), a
governmental entity''.
SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT
LIFE AND LIMB.
(a) Disclosure of Contents.--
(1) In general.--Section 2702 of title 18, United States Code,
is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 2702. Voluntary disclosure of customer communications or
records'';
(B) in subsection (a)--
(i) in paragraph (2)(A), by striking ``and'' at the
end;
(ii) in paragraph (2)(B), by striking the period and
inserting ``; and''; and
(iii) by inserting after paragraph (2) the following:
``(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly divulge a
record or other information pertaining to a subscriber to or
customer of such service (not including the contents of
communications covered by paragraph (1) or (2)) to any governmental
entity.'';
(C) in subsection (b), by striking ``Exceptions.--A person
or entity'' and inserting ``Exceptions for disclosure of
communications.-- A provider described in subsection (a)'';
(D) in subsection (b)(6)--
(i) in subparagraph (A)(ii), by striking ``or'';
(ii) in subparagraph (B), by striking the period and
inserting ``; or''; and
(iii) by adding after subparagraph (B) the following:
``(C) if the provider reasonably believes that an emergency
involving immediate danger of death or serious physical injury
to any person requires disclosure of the information without
delay.''; and
(E) by inserting after subsection (b) the following:
``(c) Exceptions for Disclosure of Customer Records.--A provider
described in subsection (a) may divulge a record or other information
pertaining to a subscriber to or customer of such service (not
including the contents of communications covered by subsection (a)(1)
or (a)(2))--
``(1) as otherwise authorized in section 2703;
``(2) with the lawful consent of the customer or subscriber;
``(3) as may be necessarily incident to the rendition of the
service or to the protection of the rights or property of the
provider of that service;
``(4) to a governmental entity, if the provider reasonably
believes that an emergency involving immediate danger of death or
serious physical injury to any person justifies disclosure of the
information; or
``(5) to any person other than a governmental entity.''.
(2) Technical and conforming amendment.--The table of sections
for chapter 121 of title 18, United States Code, is amended by
striking the item relating to section 2702 and inserting the
following:
``2702. Voluntary disclosure of customer communications or records.''.
(b) Requirements for Government Access.--
(1) In general.--Section 2703 of title 18, United States Code,
is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 2703. Required disclosure of customer communications or
records'';
(B) in subsection (c) by redesignating paragraph (2) as
paragraph (3);
(C) in subsection (c)(1)--
(i) by striking ``(A) Except as provided in
subparagraph (B), a provider of electronic communication
service or remote computing service may'' and inserting ``A
governmental entity may require a provider of electronic
communication service or remote computing service to'';
(ii) by striking ``covered by subsection (a) or (b) of
this section) to any person other than a governmental
entity.
``(B) A provider of electronic communication service or
remote computing service shall disclose a record or other
information pertaining to a subscriber to or customer of such
service (not including the contents of communications covered
by subsection (a) or (b) of this section) to a governmental
entity'' and inserting ``)'';
(iii) by redesignating subparagraph (C) as paragraph
(2);
(iv) by redesignating clauses (i), (ii), (iii), and
(iv) as subparagraphs (A), (B), (C), and (D), respectively;
(v) in subparagraph (D) (as redesignated) by striking
the period and inserting ``; or''; and
(vi) by inserting after subparagraph (D) (as
redesignated) the following:
``(E) seeks information under paragraph (2).''; and
(D) in paragraph (2) (as redesignated) by striking
``subparagraph (B)'' and insert ``paragraph (1)''.
(2) Technical and conforming amendment.--The table of sections
for chapter 121 of title 18, United States Code, is amended by
striking the item relating to section 2703 and inserting the
following:
``2703. Required disclosure of customer communications or records.''.
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.
Section 3103a of title 18, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``In addition'';
and
(2) by adding at the end the following:
``(b) Delay.--With respect to the issuance of any warrant or court
order under this section, or any other rule of law, to search for and
seize any property or material that constitutes evidence of a criminal
offense in violation of the laws of the United States, any notice
required, or that may be required, to be given may be delayed if--
``(1) the court finds reasonable cause to believe that
providing immediate notification of the execution of the warrant
may have an adverse result (as defined in section 2705);
``(2) the warrant prohibits the seizure of any tangible
property, any wire or electronic communication (as defined in
section 2510), or, except as expressly provided in chapter 121, any
stored wire or electronic information, except where the court finds
reasonable necessity for the seizure; and
``(3) the warrant provides for the giving of such notice within
a reasonable period of its execution, which period may thereafter
be extended by the court for good cause shown.''.
SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA.
(a) Applications and Orders.--Section 402 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended--
(1) in subsection (a)(1), by striking ``for any investigation
to gather foreign intelligence information or information
concerning international terrorism'' and inserting ``for any
investigation to obtain foreign intelligence information not
concerning a United States person or to protect against
international terrorism or clandestine intelligence activities,
provided that such investigation of a United States person is not
conducted solely upon the basis of activities protected by the
first amendment to the Constitution'';
(2) by amending subsection (c)(2) to read as follows:
``(2) a certification by the applicant that the information
likely to be obtained is foreign intelligence information not
concerning a United States person or is relevant to an ongoing
investigation to protect against international terrorism or
clandestine intelligence activities, provided that such
investigation of a United States person is not conducted solely
upon the basis of activities protected by the first amendment to
the Constitution.'';
(3) by striking subsection (c)(3); and
(4) by amending subsection (d)(2)(A) to read as follows:
``(A) shall specify--
``(i) the identity, if known, of the person who is the
subject of the investigation;
``(ii) the identity, if known, of the person to whom is
leased or in whose name is listed the telephone line or
other facility to which the pen register or trap and trace
device is to be attached or applied;
``(iii) the attributes of the communications to which
the order applies, such as the number or other identifier,
and, if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied and, in the case of a trap and
trace device, the geographic limits of the trap and trace
order.''.
(b) Authorization During Emergencies.--Section 403 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
(1) in subsection (a), by striking ``foreign intelligence
information or information concerning international terrorism'' and
inserting ``foreign intelligence information not concerning a
United States person or information to protect against
international terrorism or clandestine intelligence activities,
provided that such investigation of a United States person is not
conducted solely upon the basis of activities protected by the
first amendment to the Constitution''; and
(2) in subsection (b)(1), by striking ``foreign intelligence
information or information concerning international terrorism'' and
inserting ``foreign intelligence information not concerning a
United States person or information to protect against
international terrorism or clandestine intelligence activities,
provided that such investigation of a United States person is not
conducted solely upon the basis of activities protected by the
first amendment to the Constitution''.
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1861 et seq.) is amended by striking sections 501 through 503
and inserting the following:
``SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
AND INTERNATIONAL TERRORISM INVESTIGATIONS.
``(a)(1) The Director of the Federal Bureau of Investigation or a
designee of the Director (whose rank shall be no lower than Assistant
Special Agent in Charge) may make an application for an order requiring
the production of any tangible things (including books, records,
papers, documents, and other items) for an investigation to protect
against international terrorism or clandestine intelligence activities,
provided that such investigation of a United States person is not
conducted solely upon the basis of activities protected by the first
amendment to the Constitution.
``(2) An investigation conducted under this section shall--
``(A) be conducted under guidelines approved by the Attorney
General under Executive Order 12333 (or a successor order); and
``(B) not be conducted of a United States person solely upon
the basis of activities protected by the first amendment to the
Constitution of the United States.
``(b) Each application under this section--
``(1) shall be made to--
``(A) a judge of the court established by section 103(a);
or
``(B) a United States Magistrate Judge under chapter 43 of
title 28, United States Code, who is publicly designated by the
Chief Justice of the United States to have the power to hear
applications and grant orders for the production of tangible
things under this section on behalf of a judge of that court;
and
``(2) shall specify that the records concerned are sought for
an authorized investigation conducted in accordance with subsection
(a)(2) to obtain foreign intelligence information not concerning a
United States person or to protect against international terrorism
or clandestine intelligence activities.
``(c)(1) Upon an application made pursuant to this section, the
judge shall enter an ex parte order as requested, or as modified,
approving the release of records if the judge finds that the
application meets the requirements of this section.
``(2) An order under this subsection shall not disclose that it is
issued for purposes of an investigation described in subsection (a).
``(d) No person shall disclose to any other person (other than
those persons necessary to produce the tangible things under this
section) that the Federal Bureau of Investigation has sought or
obtained tangible things under this section.
``(e) A person who, in good faith, produces tangible things under
an order pursuant to this section shall not be liable to any other
person for such production. Such production shall not be deemed to
constitute a waiver of any privilege in any other proceeding or
context.
``SEC. 502. CONGRESSIONAL OVERSIGHT.
``(a) On a semiannual basis, the Attorney General shall fully
inform the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
concerning all requests for the production of tangible things under
section 402.
``(b) On a semiannual basis, the Attorney General shall provide to
the Committees on the Judiciary of the House of Representatives and the
Senate a report setting forth with respect to the preceding 6-month
period--
``(1) the total number of applications made for orders
approving requests for the production of tangible things under
section 402; and
``(2) the total number of such orders either granted, modified,
or denied.''.
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS
AND TRAP AND TRACE DEVICES.
(a) General Limitations.--Section 3121(c) of title 18, United
States Code, is amended--
(1) by inserting ``or trap and trace device'' after ``pen
register'';
(2) by inserting ``, routing, addressing,'' after ``dialing'';
and
(3) by striking ``call processing'' and inserting ``the
processing and transmitting of wire or electronic communications so
as not to include the contents of any wire or electronic
communications''.
(b) Issuance of Orders.--
(1) In general.--Section 3123(a) of title 18, United States
Code, is amended to read as follows:
``(a) In General.--
``(1) Attorney for the government.--Upon an application made
under section 3122(a)(1), the court shall enter an ex parte order
authorizing the installation and use of a pen register or trap and
trace device anywhere within the United States, if the court finds
that the attorney for the Government has certified to the court
that the information likely to be obtained by such installation and
use is relevant to an ongoing criminal investigation. The order,
upon service of that order, shall apply to any person or entity
providing wire or electronic communication service in the United
States whose assistance may facilitate the execution of the order.
Whenever such an order is served on any person or entity not
specifically named in the order, upon request of such person or
entity, the attorney for the Government or law enforcement or
investigative officer that is serving the order shall provide
written or electronic certification that the order applies to the
person or entity being served.
``(2) State investigative or law enforcement officer.--Upon an
application made under section 3122(a)(2), the court shall enter an
ex parte order authorizing the installation and use of a pen
register or trap and trace device within the jurisdiction of the
court, if the court finds that the State law enforcement or
investigative officer has certified to the court that the
information likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation.
``(3)(A) Where the law enforcement agency implementing an ex
parte order under this subsection seeks to do so by installing and
using its own pen register or trap and trace device on a packet-
switched data network of a provider of electronic communication
service to the public, the agency shall ensure that a record will
be maintained which will identify--
``(i) any officer or officers who installed the device and
any officer or officers who accessed the device to obtain
information from the network;
``(ii) the date and time the device was installed, the date
and time the device was uninstalled, and the date, time, and
duration of each time the device is accessed to obtain
information;
``(iii) the configuration of the device at the time of its
installation and any subsequent modification thereof; and
``(iv) any information which has been collected by the
device.
To the extent that the pen register or trap and trace device can be
set automatically to record this information electronically, the
record shall be maintained electronically throughout the
installation and use of such device.
``(B) The record maintained under subparagraph (A) shall be
provided ex parte and under seal to the court which entered the ex
parte order authorizing the installation and use of the device
within 30 days after termination of the order (including any
extensions thereof).''.
(2) Contents of order.--Section 3123(b)(1) of title 18, United
States Code, is amended--
(A) in subparagraph (A)--
(i) by inserting ``or other facility'' after
``telephone line''; and
(ii) by inserting before the semicolon at the end ``or
applied''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) the attributes of the communications to which the
order applies, including the number or other identifier and, if
known, the location of the telephone line or other facility to
which the pen register or trap and trace device is to be
attached or applied, and, in the case of an order authorizing
installation and use of a trap and trace device under
subsection (a)(2), the geographic limits of the order; and''.
(3) Nondisclosure requirements.--Section 3123(d)(2) of title
18, United States Code, is amended--
(A) by inserting ``or other facility'' after ``the line'';
and
(B) by striking ``, or who has been ordered by the court''
and inserting ``or applied, or who is obligated by the order''.
(c) Definitions.--
(1) Court of competent jurisdiction.--Section 3127(2) of title
18, United States Code, is amended by striking subparagraph (A) and
inserting the following:
``(A) any district court of the United States (including a
magistrate judge of such a court) or any United States court of
appeals having jurisdiction over the offense being
investigated; or''.
(2) Pen register.--Section 3127(3) of title 18, United States
Code, is amended--
(A) by striking ``electronic or other impulses'' and all
that follows through ``is attached'' and inserting ``dialing,
routing, addressing, or signaling information transmitted by an
instrument or facility from which a wire or electronic
communication is transmitted, provided, however, that such
information shall not include the contents of any
communication''; and
(B) by inserting ``or process'' after ``device'' each place
it appears.
(3) Trap and trace device.--Section 3127(4) of title 18, United
States Code, is amended--
(A) by striking ``of an instrument'' and all that follows
through the semicolon and inserting ``or other dialing,
routing, addressing, and signaling information reasonably
likely to identify the source of a wire or electronic
communication, provided, however, that such information shall
not include the contents of any communication;''; and
(B) by inserting ``or process'' after ``a device''.
(4) Conforming amendment.--Section 3127(1) of title 18, United
States Code, is amended--
(A) by striking ``and''; and
(B) by inserting ``, and `contents''' after ``electronic
communication service''.
(5) Technical amendment.--Section 3124(d) of title 18, United
States Code, is amended by striking ``the terms of''.
(6) Conforming amendment.--Section 3124(b) of title 18, United
States Code, is amended by inserting ``or other facility'' after
``the appropriate line''.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (18), by striking ``and'' at the end;
(B) in paragraph (19), by striking the period and inserting
a semicolon; and
(C) by inserting after paragraph (19) the following:
``(20) `protected computer' has the meaning set forth in
section 1030; and
``(21) `computer trespasser'--
``(A) means a person who accesses a protected computer
without authorization and thus has no reasonable expectation of
privacy in any communication transmitted to, through, or from
the protected computer; and
``(B) does not include a person known by the owner or
operator of the protected computer to have an existing
contractual relationship with the owner or operator of the
protected computer for access to all or part of the protected
computer.''; and
(2) in section 2511(2), by inserting at the end the following:
``(i) It shall not be unlawful under this chapter for a person
acting under color of law to intercept the wire or electronic
communications of a computer trespasser transmitted to, through, or
from the protected computer, if--
``(I) the owner or operator of the protected computer
authorizes the interception of the computer trespasser's
communications on the protected computer;
``(II) the person acting under color of law is lawfully engaged
in an investigation;
``(III) the person acting under color of law has reasonable
grounds to believe that the contents of the computer trespasser's
communications will be relevant to the investigation; and
``(IV) such interception does not acquire communications other
than those transmitted to or from the computer trespasser.''.
SEC. 218. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C.
1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence
Surveillance Act of 1978 are each amended by striking ``the purpose''
and inserting ``a significant purpose''.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is amended by
inserting after ``executed'' the following: ``and (3) in an
investigation of domestic terrorism or international terrorism (as
defined in section 2331 of title 18, United States Code), by a Federal
magistrate judge in any district in which activities related to the
terrorism may have occurred, for a search of property or for a person
within or outside the district''.
SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC
EVIDENCE.
(a) In General.--Chapter 121 of title 18, United States Code, is
amended--
(1) in section 2703, by striking ``under the Federal Rules of
Criminal Procedure'' every place it appears and inserting ``using
the procedures described in the Federal Rules of Criminal Procedure
by a court with jurisdiction over the offense under
investigation''; and
(2) in section 2711--
(A) in paragraph (1), by striking ``and'';
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by inserting at the end the following:
``(3) the term `court of competent jurisdiction' has the
meaning assigned by section 3127, and includes any Federal court
within that definition, without geographic limitation.''.
(b) Conforming Amendment.--Section 2703(d) of title 18, United
States Code, is amended by striking ``described in section
3127(2)(A)''.
SEC. 221. TRADE SANCTIONS.
(a) In general.--The Trade Sanctions Reform and Export Enhancement
Act of 2000 (Public Law 106-387; 114 Stat. 1549A-67) is amended--
(1) by amending section 904(2)(C) to read as follows:
``(C) used to facilitate the design, development, or
production of chemical or biological weapons, missiles, or
weapons of mass destruction.'';
(2) in section 906(a)(1)--
(A) by inserting ``, the Taliban or the territory of
Afghanistan controlled by the Taliban,'' after ``Cuba''; and
(B) by inserting ``, or in the territory of Afghanistan
controlled by the Taliban,'' after ``within such country''; and
(3) in section 906(a)(2), by inserting ``, or to any other
entity in Syria or North Korea'' after ``Korea''.
(b) Application of the Trade Sanctions Reform and Export
Enhancement Act.--Nothing in the Trade Sanctions Reform and Export
Enhancement Act of 2000 shall limit the application or scope of any law
establishing criminal or civil penalties, including any Executive order
or regulation promulgated pursuant to such laws (or similar or
successor laws), for the unlawful export of any agricultural commodity,
medicine, or medical device to--
(1) a foreign organization, group, or person designated
pursuant to Executive Order No. 12947 of January 23, 1995, as
amended;
(2) a Foreign Terrorist Organization pursuant to the
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law
104-132);
(3) a foreign organization, group, or person designated
pursuant to Executive Order No. 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant to
Executive Order No. 12978 (October 21, 1995) or the Foreign
Narcotics Kingpin Designation Act (Public Law 106-120); or
(5) any foreign organization, group, or persons subject to any
restriction for its involvement in weapons of mass destruction or
missile proliferation.
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.
Nothing in this Act shall impose any additional technical
obligation or requirement on a provider of a wire or electronic
communication service or other person to furnish facilities or
technical assistance. A provider of a wire or electronic communication
service, landlord, custodian, or other person who furnishes facilities
or technical assistance pursuant to section 216 shall be reasonably
compensated for such reasonable expenditures incurred in providing such
facilities or assistance.
SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.
(a) Section 2520 of title 18, United States Code, is amended--
(1) in subsection (a), after ``entity'', by inserting ``, other
than the United States,'';
(2) by adding at the end the following:
``(f) Administrative Discipline.--If a court or appropriate
department or agency determines that the United States or any of its
departments or agencies has violated any provision of this chapter, and
the court or appropriate department or agency finds that the
circumstances surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
the decision and findings of the court or appropriate department or
agency promptly initiate a proceeding to determine whether disciplinary
action against the officer or employee is warranted. If the head of the
department or agency involved determines that disciplinary action is
not warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall provide
the Inspector General with the reasons for such determination.''; and
(3) by adding a new subsection (g), as follows:
``(g) Improper Disclosure Is Violation.--Any willful disclosure or
use by an investigative or law enforcement officer or governmental
entity of information beyond the extent permitted by section 2517 is a
violation of this chapter for purposes of section 2520(a).''.
(b) Section 2707 of title 18, United States Code, is amended--
(1) in subsection (a), after ``entity'', by inserting ``, other
than the United States,'';
(2) by striking subsection (d) and inserting the following:
``(d) Administrative Discipline.--If a court or appropriate
department or agency determines that the United States or any of its
departments or agencies has violated any provision of this chapter, and
the court or appropriate department or agency finds that the
circumstances surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
the decision and findings of the court or appropriate department or
agency promptly initiate a proceeding to determine whether disciplinary
action against the officer or employee is warranted. If the head of the
department or agency involved determines that disciplinary action is
not warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall provide
the Inspector General with the reasons for such determination.''; and
(3) by adding a new subsection (g), as follows:
``(g) Improper Disclosure.--Any willful disclosure of a `record',
as that term is defined in section 552a(a) of title 5, United States
Code, obtained by an investigative or law enforcement officer, or a
governmental entity, pursuant to section 2703 of this title, or from a
device installed pursuant to section 3123 or 3125 of this title, that
is not a disclosure made in the proper performance of the official
functions of the officer or governmental entity making the disclosure,
is a violation of this chapter. This provision shall not apply to
information previously lawfully disclosed (prior to the commencement of
any civil or administrative proceeding under this chapter) to the
public by a Federal, State, or local governmental entity or by the
plaintiff in a civil action under this chapter.''.
(c)(1) Chapter 121 of title 18, United States Code, is amended by
adding at the end the following:
``Sec. 2712. Civil actions against the United States
``(a) In General.--Any person who is aggrieved by any willful
violation of this chapter or of chapter 119 of this title or of
sections 106(a), 305(a), or 405(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an
action in United States District Court against the United States to
recover money damages. In any such action, if a person who is aggrieved
successfully establishes such a violation of this chapter or of chapter
119 of this title or of the above specific provisions of title 50, the
Court may assess as damages--
``(1) actual damages, but not less than $10,000, whichever
amount is greater; and
``(2) litigation costs, reasonably incurred.
``(b) Procedures.--(1) Any action against the United States under
this section may be commenced only after a claim is presented to the
appropriate department or agency under the procedures of the Federal
Tort Claims Act, as set forth in title 28, United States Code.
``(2) Any action against the United States under this section shall
be forever barred unless it is presented in writing to the appropriate
Federal agency within 2 years after such claim accrues or unless action
is begun within 6 months after the date of mailing, by certified or
registered mail, of notice of final denial of the claim by the agency
to which it was presented. The claim shall accrue on the date upon
which the claimant first has a reasonable opportunity to discover the
violation.
``(3) Any action under this section shall be tried to the court
without a jury.
``(4) Notwithstanding any other provision of law, the procedures
set forth in section 106(f), 305(g), or 405(f) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be
the exclusive means by which materials governed by those sections may
be reviewed.
``(5) An amount equal to any award against the United States under
this section shall be reimbursed by the department or agency concerned
to the fund described in section 1304 of title 31, United States Code,
out of any appropriation, fund, or other account (excluding any part of
such appropriation, fund, or account that is available for the
enforcement of any Federal law) that is available for the operating
expenses of the department or agency concerned.
``(c) Administrative Discipline.--If a court or appropriate
department or agency determines that the United States or any of its
departments or agencies has violated any provision of this chapter, and
the court or appropriate department or agency finds that the
circumstances surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
the decision and findings of the court or appropriate department or
agency promptly initiate a proceeding to determine whether disciplinary
action against the officer or employee is warranted. If the head of the
department or agency involved determines that disciplinary action is
not warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall provide
the Inspector General with the reasons for such determination.
``(d) Exclusive Remedy.--Any action against the United States under
this subsection shall be the exclusive remedy against the United States
for any claims within the purview of this section.
``(e) Stay of Proceedings.--(1) Upon the motion of the United
States, the court shall stay any action commenced under this section if
the court determines that civil discovery will adversely affect the
ability of the Government to conduct a related investigation or the
prosecution of a related criminal case. Such a stay shall toll the
limitations periods of paragraph (2) of subsection (b).
``(2) In this subsection, the terms `related criminal case' and
`related investigation' mean an actual prosecution or investigation in
progress at the time at which the request for the stay or any
subsequent motion to lift the stay is made. In determining whether an
investigation or a criminal case is related to an action commenced
under this section, the court shall consider the degree of similarity
between the parties, witnesses, facts, and circumstances involved in
the 2 proceedings, without requiring that any one or more factors be
identical.
``(3) In requesting a stay under paragraph (1), the Government may,
in appropriate cases, submit evidence ex parte in order to avoid
disclosing any matter that may adversely affect a related investigation
or a related criminal case. If the Government makes such an ex parte
submission, the plaintiff shall be given an opportunity to make a
submission to the court, not ex parte, and the court may, in its
discretion, request further information from either party.''.
(2) The table of sections at the beginning of chapter 121 is
amended to read as follows:
``2712. Civil action against the United States.''.
SEC. 224. SUNSET.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title (other than sections 203(a),
203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222, and the
amendments made by those sections) shall cease to have effect on
December 31, 2005.
(b) Exception.--With respect to any particular foreign intelligence
investigation that began before the date on which the provisions
referred to in subsection (a) cease to have effect, or with respect to
any particular offense or potential offense that began or occurred
before the date on which such provisions cease to have effect, such
provisions shall continue in effect.
SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.
Section 105 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805) is amended by inserting after subsection (g) the
following:
``(h) No cause of action shall lie in any court against any
provider of a wire or electronic communication service, landlord,
custodian, or other person (including any officer, employee, agent, or
other specified person thereof) that furnishes any information,
facilities, or technical assistance in accordance with a court order or
request for emergency assistance under this Act.''.
TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST
FINANCING ACT OF 2001
SEC. 301. SHORT TITLE.
This title may be cited as the ``International Money Laundering
Abatement and Financial Anti-Terrorism Act of 2001''.
SEC. 302. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) money laundering, estimated by the International Monetary
Fund to amount to between 2 and 5 percent of global gross domestic
product, which is at least $600,000,000,000 annually, provides the
financial fuel that permits transnational criminal enterprises to
conduct and expand their operations to the detriment of the safety
and security of American citizens;
(2) money laundering, and the defects in financial transparency
on which money launderers rely, are critical to the financing of
global terrorism and the provision of funds for terrorist attacks;
(3) money launderers subvert legitimate financial mechanisms
and banking relationships by using them as protective covering for
the movement of criminal proceeds and the financing of crime and
terrorism, and, by so doing, can threaten the safety of United
States citizens and undermine the integrity of United States
financial institutions and of the global financial and trading
systems upon which prosperity and growth depend;
(4) certain jurisdictions outside of the United States that
offer ``offshore'' banking and related facilities designed to
provide anonymity, coupled with weak financial supervisory and
enforcement regimes, provide essential tools to disguise ownership
and movement of criminal funds, derived from, or used to commit,
offenses ranging from narcotics trafficking, terrorism, arms
smuggling, and trafficking in human beings, to financial frauds
that prey on law-abiding citizens;
(5) transactions involving such offshore jurisdictions make it
difficult for law enforcement officials and regulators to follow
the trail of money earned by criminals, organized international
criminal enterprises, and global terrorist organizations;
(6) correspondent banking facilities are one of the banking
mechanisms susceptible in some circumstances to manipulation by
foreign banks to permit the laundering of funds by hiding the
identity of real parties in interest to financial transactions;
(7) private banking services can be susceptible to manipulation
by money launderers, for example corrupt foreign government
officials, particularly if those services include the creation of
offshore accounts and facilities for large personal funds transfers
to channel funds into accounts around the globe;
(8) United States anti-money laundering efforts are impeded by
outmoded and inadequate statutory provisions that make
investigations, prosecutions, and forfeitures more difficult,
particularly in cases in which money laundering involves foreign
persons, foreign banks, or foreign countries;
(9) the ability to mount effective counter-measures to
international money launderers requires national, as well as
bilateral and multilateral action, using tools specially designed
for that effort; and
(10) the Basle Committee on Banking Regulation and Supervisory
Practices and the Financial Action Task Force on Money Laundering,
of both of which the United States is a member, have each adopted
international anti-money laundering principles and recommendations.
(b) Purposes.--The purposes of this title are--
(1) to increase the strength of United States measures to
prevent, detect, and prosecute international money laundering and
the financing of terrorism;
(2) to ensure that--
(A) banking transactions and financial relationships and
the conduct of such transactions and relationships, do not
contravene the purposes of subchapter II of chapter 53 of title
31, United States Code, section 21 of the Federal Deposit
Insurance Act, or chapter 2 of title I of Public Law 91-508 (84
Stat. 1116), or facilitate the evasion of any such provision;
and
(B) the purposes of such provisions of law continue to be
fulfilled, and such provisions of law are effectively and
efficiently administered;
(3) to strengthen the provisions put into place by the Money
Laundering Control Act of 1986 (18 U.S.C. 981 note), especially
with respect to crimes by non-United States nationals and foreign
financial institutions;
(4) to provide a clear national mandate for subjecting to
special scrutiny those foreign jurisdictions, financial
institutions operating outside of the United States, and classes of
international transactions or types of accounts that pose
particular, identifiable opportunities for criminal abuse;
(5) to provide the Secretary of the Treasury (in this title
referred to as the ``Secretary'') with broad discretion, subject to
the safeguards provided by the Administrative Procedure Act under
title 5, United States Code, to take measures tailored to the
particular money laundering problems presented by specific foreign
jurisdictions, financial institutions operating outside of the
United States, and classes of international transactions or types
of accounts;
(6) to ensure that the employment of such measures by the
Secretary permits appropriate opportunity for comment by affected
financial institutions;
(7) to provide guidance to domestic financial institutions on
particular foreign jurisdictions, financial institutions operating
outside of the United States, and classes of international
transactions that are of primary money laundering concern to the
United States Government;
(8) to ensure that the forfeiture of any assets in connection
with the anti-terrorist efforts of the United States permits for
adequate challenge consistent with providing due process rights;
(9) to clarify the terms of the safe harbor from civil
liability for filing suspicious activity reports;
(10) to strengthen the authority of the Secretary to issue and
administer geographic targeting orders, and to clarify that
violations of such orders or any other requirement imposed under
the authority contained in chapter 2 of title I of Public Law 91-
508 and subchapters II and III of chapter 53 of title 31, United
States Code, may result in criminal and civil penalties;
(11) to ensure that all appropriate elements of the financial
services industry are subject to appropriate requirements to report
potential money laundering transactions to proper authorities, and
that jurisdictional disputes do not hinder examination of
compliance by financial institutions with relevant reporting
requirements;
(12) to strengthen the ability of financial institutions to
maintain the integrity of their employee population; and
(13) to strengthen measures to prevent the use of the United
States financial system for personal gain by corrupt foreign
officials and to facilitate the repatriation of any stolen assets
to the citizens of countries to whom such assets belong.
SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED CONSIDERATION.
(a) In General.--Effective on and after the first day of fiscal
year 2005, the provisions of this title and the amendments made by this
title shall terminate if the Congress enacts a joint resolution, the
text after the resolving clause of which is as follows: ``That
provisions of the International Money Laundering Abatement and Anti-
Terrorist Financing Act of 2001, and the amendments made thereby, shall
no longer have the force of law.''.
(b) Expedited Consideration.--Any joint resolution submitted
pursuant to this section should be considered by the Congress
expeditiously. In particular, it shall be considered in the Senate in
accordance with the provisions of section 601(b) of the International
Security Assistance and Arms Control Act of 1976.
Subtitle A--International Counter Money Laundering and Related Measures
SEC. 311. SPECIAL MEASURES FOR JURISDICTIONS, FINANCIAL INSTITUTIONS,
OR INTERNATIONAL TRANSACTIONS OF PRIMARY MONEY LAUNDERING
CONCERN.
(a) In General.--Subchapter II of chapter 53 of title 31, United
States Code, is amended by inserting after section 5318 the following
new section:
``Sec. 5318A. Special measures for jurisdictions, financial
institutions, or international transactions of primary
money laundering concern
``(a) International Counter-Money Laundering Requirements.--
``(1) In general.--The Secretary of the Treasury may require
domestic financial institutions and domestic financial agencies to
take 1 or more of the special measures described in subsection (b)
if the Secretary finds that reasonable grounds exist for concluding
that a jurisdiction outside of the United States, 1 or more
financial institutions operating outside of the United States, 1 or
more classes of transactions within, or involving, a jurisdiction
outside of the United States, or 1 or more types of accounts is of
primary money laundering concern, in accordance with subsection
(c).
``(2) Form of requirement.--The special measures described in--
``(A) subsection (b) may be imposed in such sequence or
combination as the Secretary shall determine;
``(B) paragraphs (1) through (4) of subsection (b) may be
imposed by regulation, order, or otherwise as permitted by law;
and
``(C) subsection (b)(5) may be imposed only by regulation.
``(3) Duration of orders; rulemaking.--Any order by which a
special measure described in paragraphs (1) through (4) of
subsection (b) is imposed (other than an order described in section
5326)--
``(A) shall be issued together with a notice of proposed
rulemaking relating to the imposition of such special measure;
and
``(B) may not remain in effect for more than 120 days,
except pursuant to a rule promulgated on or before the end of
the 120-day period beginning on the date of issuance of such
order.
``(4) Process for selecting special measures.--In selecting
which special measure or measures to take under this subsection,
the Secretary of the Treasury--
``(A) shall consult with the Chairman of the Board of
Governors of the Federal Reserve System, any other appropriate
Federal banking agency, as defined in section 3 of the Federal
Deposit Insurance Act, the Secretary of State, the Securities
and Exchange Commission, the Commodity Futures Trading
Commission, the National Credit Union Administration Board, and
in the sole discretion of the Secretary, such other agencies
and interested parties as the Secretary may find to be
appropriate; and
``(B) shall consider--
``(i) whether similar action has been or is being taken
by other nations or multilateral groups;
``(ii) whether the imposition of any particular special
measure would create a significant competitive
disadvantage, including any undue cost or burden associated
with compliance, for financial institutions organized or
licensed in the United States;
``(iii) the extent to which the action or the timing of
the action would have a significant adverse systemic impact
on the international payment, clearance, and settlement
system, or on legitimate business activities involving the
particular jurisdiction, institution, or class of
transactions; and
``(iv) the effect of the action on United States
national security and foreign policy.
``(5) No limitation on other authority.--This section shall not
be construed as superseding or otherwise restricting any other
authority granted to the Secretary, or to any other agency, by this
subchapter or otherwise.
``(b) Special Measures.--The special measures referred to in
subsection (a), with respect to a jurisdiction outside of the United
States, financial institution operating outside of the United States,
class of transaction within, or involving, a jurisdiction outside of
the United States, or 1 or more types of accounts are as follows:
``(1) Recordkeeping and reporting of certain financial
transactions.--
``(A) In general.--The Secretary of the Treasury may
require any domestic financial institution or domestic
financial agency to maintain records, file reports, or both,
concerning the aggregate amount of transactions, or concerning
each transaction, with respect to a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United
States, or 1 or more types of accounts if the Secretary finds
any such jurisdiction, institution, or class of transactions to
be of primary money laundering concern.
``(B) Form of records and reports.--Such records and
reports shall be made and retained at such time, in such
manner, and for such period of time, as the Secretary shall
determine, and shall include such information as the Secretary
may determine, including--
``(i) the identity and address of the participants in a
transaction or relationship, including the identity of the
originator of any funds transfer;
``(ii) the legal capacity in which a participant in any
transaction is acting;
``(iii) the identity of the beneficial owner of the
funds involved in any transaction, in accordance with such
procedures as the Secretary determines to be reasonable and
practicable to obtain and retain the information; and
``(iv) a description of any transaction.
``(2) Information relating to beneficial ownership.--In
addition to any other requirement under any other provision of law,
the Secretary may require any domestic financial institution or
domestic financial agency to take such steps as the Secretary may
determine to be reasonable and practicable to obtain and retain
information concerning the beneficial ownership of any account
opened or maintained in the United States by a foreign person
(other than a foreign entity whose shares are subject to public
reporting requirements or are listed and traded on a regulated
exchange or trading market), or a representative of such a foreign
person, that involves a jurisdiction outside of the United States,
1 or more financial institutions operating outside of the United
States, 1 or more classes of transactions within, or involving, a
jurisdiction outside of the United States, or 1 or more types of
accounts if the Secretary finds any such jurisdiction, institution,
or transaction or type of account to be of primary money laundering
concern.
``(3) Information relating to certain payable-through
accounts.--If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating outside
of the United States, or 1 or more classes of transactions within,
or involving, a jurisdiction outside of the United States to be of
primary money laundering concern, the Secretary may require any
domestic financial institution or domestic financial agency that
opens or maintains a payable-through account in the United States
for a foreign financial institution involving any such jurisdiction
or any such financial institution operating outside of the United
States, or a payable through account through which any such
transaction may be conducted, as a condition of opening or
maintaining such account--
``(A) to identify each customer (and representative of such
customer) of such financial institution who is permitted to
use, or whose transactions are routed through, such payable-
through account; and
``(B) to obtain, with respect to each such customer (and
each such representative), information that is substantially
comparable to that which the depository institution obtains in
the ordinary course of business with respect to its customers
residing in the United States.
``(4) Information relating to certain correspondent accounts.--
If the Secretary finds a jurisdiction outside of the United States,
1 or more financial institutions operating outside of the United
States, or 1 or more classes of transactions within, or involving,
a jurisdiction outside of the United States to be of primary money
laundering concern, the Secretary may require any domestic
financial institution or domestic financial agency that opens or
maintains a correspondent account in the United States for a
foreign financial institution involving any such jurisdiction or
any such financial institution operating outside of the United
States, or a correspondent account through which any such
transaction may be conducted, as a condition of opening or
maintaining such account--
``(A) to identify each customer (and representative of such
customer) of any such financial institution who is permitted to
use, or whose transactions are routed through, such
correspondent account; and
``(B) to obtain, with respect to each such customer (and
each such representative), information that is substantially
comparable to that which the depository institution obtains in
the ordinary course of business with respect to its customers
residing in the United States.
``(5) Prohibitions or conditions on opening or maintaining
certain correspondent or payable-through accounts.--If the
Secretary finds a jurisdiction outside of the United States, 1 or
more financial institutions operating outside of the United States,
or 1 or more classes of transactions within, or involving, a
jurisdiction outside of the United States to be of primary money
laundering concern, the Secretary, in consultation with the
Secretary of State, the Attorney General, and the Chairman of the
Board of Governors of the Federal Reserve System, may prohibit, or
impose conditions upon, the opening or maintaining in the United
States of a correspondent account or payable- through account by
any domestic financial institution or domestic financial agency for
or on behalf of a foreign banking institution, if such
correspondent account or payable-through account involves any such
jurisdiction or institution, or if any such transaction may be
conducted through such correspondent account or payable-through
account.
``(c) Consultations and Information To Be Considered in Finding
Jurisdictions, Institutions, Types of Accounts, or Transactions To Be
of Primary Money Laundering Concern.--
``(1) In general.--In making a finding that reasonable grounds
exist for concluding that a jurisdiction outside of the United
States, 1 or more financial institutions operating outside of the
United States, 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States, or 1 or
more types of accounts is of primary money laundering concern so as
to authorize the Secretary of the Treasury to take 1 or more of the
special measures described in subsection (b), the Secretary shall
consult with the Secretary of State and the Attorney General.
``(2) Additional considerations.--In making a finding described
in paragraph (1), the Secretary shall consider in addition such
information as the Secretary determines to be relevant, including
the following potentially relevant factors:
``(A) Jurisdictional factors.--In the case of a particular
jurisdiction--
``(i) evidence that organized criminal groups,
international terrorists, or both, have transacted business
in that jurisdiction;
``(ii) the extent to which that jurisdiction or
financial institutions operating in that jurisdiction offer
bank secrecy or special regulatory advantages to
nonresidents or nondomiciliaries of that jurisdiction;
``(iii) the substance and quality of administration of
the bank supervisory and counter-money laundering laws of
that jurisdiction;
``(iv) the relationship between the volume of financial
transactions occurring in that jurisdiction and the size of
the economy of the jurisdiction;
``(v) the extent to which that jurisdiction is
characterized as an offshore banking or secrecy haven by
credible international organizations or multilateral expert
groups;
``(vi) whether the United States has a mutual legal
assistance treaty with that jurisdiction, and the
experience of United States law enforcement officials and
regulatory officials in obtaining information about
transactions originating in or routed through or to such
jurisdiction; and
``(vii) the extent to which that jurisdiction is
characterized by high levels of official or institutional
corruption.
``(B) Institutional factors.--In the case of a decision to
apply 1 or more of the special measures described in subsection
(b) only to a financial institution or institutions, or to a
transaction or class of transactions, or to a type of account,
or to all 3, within or involving a particular jurisdiction--
``(i) the extent to which such financial institutions,
transactions, or types of accounts are used to facilitate
or promote money laundering in or through the jurisdiction;
``(ii) the extent to which such institutions,
transactions, or types of accounts are used for legitimate
business purposes in the jurisdiction; and
``(iii) the extent to which such action is sufficient
to ensure, with respect to transactions involving the
jurisdiction and institutions operating in the
jurisdiction, that the purposes of this subchapter continue
to be fulfilled, and to guard against international money
laundering and other financial crimes.
``(d) Notification of Special Measures Invoked by the Secretary.--
Not later than 10 days after the date of any action taken by the
Secretary of the Treasury under subsection (a)(1), the Secretary shall
notify, in writing, the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate of any such action.
``(e) Definitions.--Notwithstanding any other provision of this
subchapter, for purposes of this section and subsections (i) and (j) of
section 5318, the following definitions shall apply:
``(1) Bank definitions.--The following definitions shall apply
with respect to a bank:
``(A) Account.--The term `account'--
``(i) means a formal banking or business relationship
established to provide regular services, dealings, and
other financial transactions; and
``(ii) includes a demand deposit, savings deposit, or
other transaction or asset account and a credit account or
other extension of credit.
``(B) Correspondent account.--The term `correspondent
account' means an account established to receive deposits from,
make payments on behalf of a foreign financial institution, or
handle other financial transactions related to such
institution.
``(C) Payable-through account.--The term `payable-through
account' means an account, including a transaction account (as
defined in section 19(b)(1)(C) of the Federal Reserve Act),
opened at a depository institution by a foreign financial
institution by means of which the foreign financial institution
permits its customers to engage, either directly or through a
subaccount, in banking activities usual in connection with the
business of banking in the United States.
``(2) Definitions applicable to institutions other than
banks.--With respect to any financial institution other than a
bank, the Secretary shall, after consultation with the appropriate
Federal functional regulators (as defined in section 509 of the
Gramm-Leach-Bliley Act), define by regulation the term `account',
and shall include within the meaning of that term, to the extent,
if any, that the Secretary deems appropriate, arrangements similar
to payable-through and correspondent accounts.
``(3) Regulatory definition of beneficial ownership.--The
Secretary shall promulgate regulations defining beneficial
ownership of an account for purposes of this section and
subsections (i) and (j) of section 5318. Such regulations shall
address issues related to an individual's authority to fund,
direct, or manage the account (including, without limitation, the
power to direct payments into or out of the account), and an
individual's material interest in the income or corpus of the
account, and shall ensure that the identification of individuals
under this section does not extend to any individual whose
beneficial interest in the income or corpus of the account is
immaterial.
``(4) Other terms.--The Secretary may, by regulation, further
define the terms in paragraphs (1), (2), and (3), and define other
terms for the purposes of this section, as the Secretary deems
appropriate.''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 53 of title 31, United States Code, is amended by inserting
after the item relating to section 5318 the following new item:
``5318A. Special measures for jurisdictions, financial institutions, or
international transactions of primary money laundering
concern.''.
SEC. 312. SPECIAL DUE DILIGENCE FOR CORRESPONDENT ACCOUNTS AND PRIVATE
BANKING ACCOUNTS.
(a) In General.--Section 5318 of title 31, United States Code, is
amended by adding at the end the following:
``(i) Due Diligence for United States Private Banking and
Correspondent Bank Accounts Involving Foreign Persons.--
``(1) In general.--Each financial institution that establishes,
maintains, administers, or manages a private banking account or a
correspondent account in the United States for a non-United States
person, including a foreign individual visiting the United States,
or a representative of a non-United States person shall establish
appropriate, specific, and, where necessary, enhanced, due
diligence policies, procedures, and controls that are reasonably
designed to detect and report instances of money laundering through
those accounts.
``(2) Additional standards for certain correspondent
accounts.--
``(A) In general.--Subparagraph (B) shall apply if a
correspondent account is requested or maintained by, or on
behalf of, a foreign bank operating--
``(i) under an offshore banking license; or
``(ii) under a banking license issued by a foreign
country that has been designated--
``(I) as noncooperative with international anti-
money laundering principles or procedures by an
intergovernmental group or organization of which the
United States is a member, with which designation the
United States representative to the group or
organization concurs; or
``(II) by the Secretary of the Treasury as
warranting special measures due to money laundering
concerns.
``(B) Policies, procedures, and controls.--The enhanced due
diligence policies, procedures, and controls required under
paragraph (1) shall, at a minimum, ensure that the financial
institution in the United States takes reasonable steps--
``(i) to ascertain for any such foreign bank, the
shares of which are not publicly traded, the identity of
each of the owners of the foreign bank, and the nature and
extent of the ownership interest of each such owner;
``(ii) to conduct enhanced scrutiny of such account to
guard against money laundering and report any suspicious
transactions under subsection (g); and
``(iii) to ascertain whether such foreign bank provides
correspondent accounts to other foreign banks and, if so,
the identity of those foreign banks and related due
diligence information, as appropriate under paragraph (1).
``(3) Minimum standards for private banking accounts.--If a
private banking account is requested or maintained by, or on behalf
of, a non-United States person, then the due diligence policies,
procedures, and controls required under paragraph (1) shall, at a
minimum, ensure that the financial institution takes reasonable
steps--
``(A) to ascertain the identity of the nominal and
beneficial owners of, and the source of funds deposited into,
such account as needed to guard against money laundering and
report any suspicious transactions under subsection (g); and
``(B) to conduct enhanced scrutiny of any such account that
is requested or maintained by, or on behalf of, a senior
foreign political figure, or any immediate family member or
close associate of a senior foreign political figure that is
reasonably designed to detect and report transactions that may
involve the proceeds of foreign corruption.
``(4) Definition.--For purposes of this subsection, the
following definitions shall apply:
``(A) Offshore banking license.--The term `offshore banking
license' means a license to conduct banking activities which,
as a condition of the license, prohibits the licensed entity
from conducting banking activities with the citizens of, or
with the local currency of, the country which issued the
license.
``(B) Private banking account.--The term `private banking
account' means an account (or any combination of accounts)
that--
``(i) requires a minimum aggregate deposits of funds or
other assets of not less than $1,000,000;
``(ii) is established on behalf of 1 or more
individuals who have a direct or beneficial ownership
interest in the account; and
``(iii) is assigned to, or is administered or managed
by, in whole or in part, an officer, employee, or agent of
a financial institution acting as a liaison between the
financial institution and the direct or beneficial owner of
the account.''.
(b) Regulatory Authority and Effective Date.--
(1) Regulatory authority.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in consultation with
the appropriate Federal functional regulators (as defined in
section 509 of the Gramm-Leach-Bliley Act) of the affected
financial institutions, shall further delineate, by regulation, the
due diligence policies, procedures, and controls required under
section 5318(i)(1) of title 31, United States Code, as added by
this section.
(2) Effective date.--Section 5318(i) of title 31, United States
Code, as added by this section, shall take effect 270 days after
the date of enactment of this Act, whether or not final regulations
are issued under paragraph (1), and the failure to issue such
regulations shall in no way affect the enforceability of this
section or the amendments made by this section. Section 5318(i) of
title 31, United States Code, as added by this section, shall apply
with respect to accounts covered by that section 5318(i), that are
opened before, on, or after the date of enactment of this Act.
SEC. 313. PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH
FOREIGN SHELL BANKS.
(a) In General.--Section 5318 of title 31, United States Code, as
amended by this title, is amended by adding at the end the following:
``(j) Prohibition on United States Correspondent Accounts With
Foreign Shell Banks.--
``(1) In general.--A financial institution described in
subparagraphs (A) through (G) of section 5312(a)(2) (in this
subsection referred to as a `covered financial institution') shall
not establish, maintain, administer, or manage a correspondent
account in the United States for, or on behalf of, a foreign bank
that does not have a physical presence in any country.
``(2) Prevention of indirect service to foreign shell banks.--A
covered financial institution shall take reasonable steps to ensure
that any correspondent account established, maintained,
administered, or managed by that covered financial institution in
the United States for a foreign bank is not being used by that
foreign bank to indirectly provide banking services to another
foreign bank that does not have a physical presence in any country.
The Secretary of the Treasury shall, by regulation, delineate the
reasonable steps necessary to comply with this paragraph.
``(3) Exception.--Paragraphs (1) and (2) do not prohibit a
covered financial institution from providing a correspondent
account to a foreign bank, if the foreign bank--
``(A) is an affiliate of a depository institution, credit
union, or foreign bank that maintains a physical presence in
the United States or a foreign country, as applicable; and
``(B) is subject to supervision by a banking authority in
the country regulating the affiliated depository institution,
credit union, or foreign bank described in subparagraph (A), as
applicable.
``(4) Definitions.--For purposes of this subsection--
``(A) the term `affiliate' means a foreign bank that is
controlled by or is under common control with a depository
institution, credit union, or foreign bank; and
``(B) the term `physical presence' means a place of
business that--
``(i) is maintained by a foreign bank;
``(ii) is located at a fixed address (other than solely
an electronic address) in a country in which the foreign
bank is authorized to conduct banking activities, at which
location the foreign bank--
``(I) employs 1 or more individuals on a full-time
basis; and
``(II) maintains operating records related to its
banking activities; and
``(iii) is subject to inspection by the banking
authority which licensed the foreign bank to conduct
banking activities.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect at the end of the 60-day period beginning on the date of
enactment of this Act.
SEC. 314. COOPERATIVE EFFORTS TO DETER MONEY LAUNDERING.
(a) Cooperation Among Financial Institutions, Regulatory
Authorities, and Law Enforcement Authorities.--
(1) Regulations.--The Secretary shall, within 120 days after
the date of enactment of this Act, adopt regulations to encourage
further cooperation among financial institutions, their regulatory
authorities, and law enforcement authorities, with the specific
purpose of encouraging regulatory authorities and law enforcement
authorities to share with financial institutions information
regarding individuals, entities, and organizations engaged in or
reasonably suspected based on credible evidence of engaging in
terrorist acts or money laundering activities.
(2) Cooperation and information sharing procedures.--The
regulations adopted under paragraph (1) may include or create
procedures for cooperation and information sharing focusing on--
(A) matters specifically related to the finances of
terrorist groups, the means by which terrorist groups transfer
funds around the world and within the United States, including
through the use of charitable organizations, nonprofit
organizations, and nongovernmental organizations, and the
extent to which financial institutions in the United States are
unwittingly involved in such finances and the extent to which
such institutions are at risk as a result;
(B) the relationship, particularly the financial
relationship, between international narcotics traffickers and
foreign terrorist organizations, the extent to which their
memberships overlap and engage in joint activities, and the
extent to which they cooperate with each other in raising and
transferring funds for their respective purposes; and
(C) means of facilitating the identification of accounts
and transactions involving terrorist groups and facilitating
the exchange of information concerning such accounts and
transactions between financial institutions and law enforcement
organizations.
(3) Contents.--The regulations adopted pursuant to paragraph
(1) may--
(A) require that each financial institution designate 1 or
more persons to receive information concerning, and to monitor
accounts of individuals, entities, and organizations
identified, pursuant to paragraph (1); and
(B) further establish procedures for the protection of the
shared information, consistent with the capacity, size, and
nature of the institution to which the particular procedures
apply.
(4) Rule of construction.--The receipt of information by a
financial institution pursuant to this section shall not relieve or
otherwise modify the obligations of the financial institution with
respect to any other person or account.
(5) Use of information.--Information received by a financial
institution pursuant to this section shall not be used for any
purpose other than identifying and reporting on activities that may
involve terrorist acts or money laundering activities.
(b) Cooperation Among Financial Institutions.--Upon notice provided
to the Secretary, 2 or more financial institutions and any association
of financial institutions may share information with one another
regarding individuals, entities, organizations, and countries suspected
of possible terrorist or money laundering activities. A financial
institution or association that transmits, receives, or shares such
information for the purposes of identifying and reporting activities
that may involve terrorist acts or money laundering activities shall
not be liable to any person under any law or regulation of the United
States, any constitution, law, or regulation of any State or political
subdivision thereof, or under any contract or other legally enforceable
agreement (including any arbitration agreement), for such disclosure or
for any failure to provide notice of such disclosure to the person who
is the subject of such disclosure, or any other person identified in
the disclosure, except where such transmission, receipt, or sharing
violates this section or regulations promulgated pursuant to this
section.
(c) Rule of Construction.--Compliance with the provisions of this
title requiring or allowing financial institutions and any association
of financial institutions to disclose or share information regarding
individuals, entities, and organizations engaged in or suspected of
engaging in terrorist acts or money laundering activities shall not
constitute a violation of the provisions of title V of the Gramm-Leach-
Bliley Act (Public Law 106-102).
(d) Reports to the Financial Services Industry on Suspicious
Financial Activities.--At least semiannually, the Secretary shall--
(1) publish a report containing a detailed analysis identifying
patterns of suspicious activity and other investigative insights
derived from suspicious activity reports and investigations
conducted by Federal, State, and local law enforcement agencies to
the extent appropriate; and
(2) distribute such report to financial institutions (as
defined in section 5312 of title 31, United States Code).
SEC. 315. INCLUSION OF FOREIGN CORRUPTION OFFENSES AS MONEY LAUNDERING
CRIMES.
Section 1956(c)(7) of title 18, United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (ii), by striking ``or destruction of
property by means of explosive or fire'' and inserting
``destruction of property by means of explosive or fire, or a
crime of violence (as defined in section 16)'';
(B) in clause (iii), by striking ``1978'' and inserting
``1978)''; and
(C) by adding at the end the following:
``(iv) bribery of a public official, or the
misappropriation, theft, or embezzlement of public funds by
or for the benefit of a public official;
``(v) smuggling or export control violations
involving--
``(I) an item controlled on the United States
Munitions List established under section 38 of the Arms
Export Control Act (22 U.S.C. 2778); or
``(II) an item controlled under regulations under
the Export Administration Regulations (15 C.F.R. Parts
730-774); or
``(vi) an offense with respect to which the United
States would be obligated by a multilateral treaty, either
to extradite the alleged offender or to submit the case for
prosecution, if the offender were found within the
territory of the United States;''; and
(2) in subparagraph (D)--
(A) by inserting ``section 541 (relating to goods falsely
classified),'' before ``section 542'';
(B) by inserting ``section 922(1) (relating to the unlawful
importation of firearms), section 924(n) (relating to firearms
trafficking),'' before ``section 956'';
(C) by inserting ``section 1030 (relating to computer fraud
and abuse),'' before ``1032''; and
(D) by inserting ``any felony violation of the Foreign
Agents Registration Act of 1938,'' before ``or any felony
violation of the Foreign Corrupt Practices Act''.
SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.
(a) Right to Contest.--An owner of property that is confiscated
under any provision of law relating to the confiscation of assets of
suspected international terrorists, may contest that confiscation by
filing a claim in the manner set forth in the Federal Rules of Civil
Procedure (Supplemental Rules for Certain Admiralty and Maritime
Claims), and asserting as an affirmative defense that--
(1) the property is not subject to confiscation under such
provision of law; or
(2) the innocent owner provisions of section 983(d) of title
18, United States Code, apply to the case.
(b) Evidence.--In considering a claim filed under this section, a
court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence, if the court determines that the evidence is
reliable, and that compliance with the Federal Rules of Evidence may
jeopardize the national security interests of the United States.
(c) Clarifications.--
(1) Protection of rights.--The exclusion of certain provisions
of Federal law from the definition of the term ``civil forfeiture
statute'' in section 983(i) of title 18, United States Code, shall
not be construed to deny an owner of property the right to contest
the confiscation of assets of suspected international terrorists
under--
(A) subsection (a) of this section;
(B) the Constitution; or
(C) subchapter II of chapter 5 of title 5, United States
Code (commonly known as the ``Administrative Procedure Act'').
(2) Savings clause.--Nothing in this section shall limit or
otherwise affect any other remedies that may be available to an
owner of property under section 983 of title 18, United States
Code, or any other provision of law.
(d) Technical Correction.--Section 983(i)(2)(D) of title 18, United
States Code, is amended by inserting ``or the International Emergency
Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.)'' before the
semicolon.
SEC. 317. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.
Section 1956(b) of title 18, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and moving the margins 2 ems to the
right;
(2) by inserting after ``(b)'' the following: ``Penalties.--
``(1) In general.--'';
(3) by inserting ``, or section 1957'' after ``or (a)(3)''; and
(4) by adding at the end the following:
``(2) Jurisdiction over foreign persons.--For purposes of
adjudicating an action filed or enforcing a penalty ordered under
this section, the district courts shall have jurisdiction over any
foreign person, including any financial institution authorized
under the laws of a foreign country, against whom the action is
brought, if service of process upon the foreign person is made
under the Federal Rules of Civil Procedure or the laws of the
country in which the foreign person is found, and--
``(A) the foreign person commits an offense under
subsection (a) involving a financial transaction that occurs in
whole or in part in the United States;
``(B) the foreign person converts, to his or her own use,
property in which the United States has an ownership interest
by virtue of the entry of an order of forfeiture by a court of
the United States; or
``(C) the foreign person is a financial institution that
maintains a bank account at a financial institution in the
United States.
``(3) Court authority over assets.--A court described in
paragraph (2) may issue a pretrial restraining order or take any
other action necessary to ensure that any bank account or other
property held by the defendant in the United States is available to
satisfy a judgment under this section.
``(4) Federal receiver.--
``(A) In general.--A court described in paragraph (2) may
appoint a Federal Receiver, in accordance with subparagraph (B)
of this paragraph, to collect, marshal, and take custody,
control, and possession of all assets of the defendant,
wherever located, to satisfy a civil judgment under this
subsection, a forfeiture judgment under section 981 or 982, or
a criminal sentence under section 1957 or subsection (a) of
this section, including an order of restitution to any victim
of a specified unlawful activity.
``(B) Appointment and authority.--A Federal Receiver
described in subparagraph (A)--
``(i) may be appointed upon application of a Federal
prosecutor or a Federal or State regulator, by the court
having jurisdiction over the defendant in the case;
``(ii) shall be an officer of the court, and the powers
of the Federal Receiver shall include the powers set out in
section 754 of title 28, United States Code; and
``(iii) shall have standing equivalent to that of a
Federal prosecutor for the purpose of submitting requests
to obtain information regarding the assets of the
defendant--
``(I) from the Financial Crimes Enforcement Network
of the Department of the Treasury; or
``(II) from a foreign country pursuant to a mutual
legal assistance treaty, multilateral agreement, or
other arrangement for international law enforcement
assistance, provided that such requests are in
accordance with the policies and procedures of the
Attorney General.''.
SEC. 318. LAUNDERING MONEY THROUGH A FOREIGN BANK.
Section 1956(c) of title 18, United States Code, is amended by
striking paragraph (6) and inserting the following:
``(6) the term `financial institution' includes--
``(A) any financial institution, as defined in section
5312(a)(2) of title 31, United States Code, or the regulations
promulgated thereunder; and
``(B) any foreign bank, as defined in section 1 of the
International Banking Act of 1978 (12 U.S.C. 3101).''.
SEC. 319. FORFEITURE OF FUNDS IN UNITED STATES INTERBANK ACCOUNTS.
(a) Forfeiture From United States Interbank Account.--Section 981
of title 18, United States Code, is amended by adding at the end the
following:
``(k) Interbank Accounts.--
``(1) In general.--
``(A) In general.--For the purpose of a forfeiture under
this section or under the Controlled Substances Act (21 U.S.C.
801 et seq.), if funds are deposited into an account at a
foreign bank, and that foreign bank has an interbank account in
the United States with a covered financial institution (as
defined in section 5318(j)(1) of title 31), the funds shall be
deemed to have been deposited into the interbank account in the
United States, and any restraining order, seizure warrant, or
arrest warrant in rem regarding the funds may be served on the
covered financial institution, and funds in the interbank
account, up to the value of the funds deposited into the
account at the foreign bank, may be restrained, seized, or
arrested.
``(B) Authority to suspend.--The Attorney General, in
consultation with the Secretary of the Treasury, may suspend or
terminate a forfeiture under this section if the Attorney
General determines that a conflict of law exists between the
laws of the jurisdiction in which the foreign bank is located
and the laws of the United States with respect to liabilities
arising from the restraint, seizure, or arrest of such funds,
and that such suspension or termination would be in the
interest of justice and would not harm the national interests
of the United States.
``(2) No requirement for government to trace funds.--If a
forfeiture action is brought against funds that are restrained,
seized, or arrested under paragraph (1), it shall not be necessary
for the Government to establish that the funds are directly
traceable to the funds that were deposited into the foreign bank,
nor shall it be necessary for the Government to rely on the
application of section 984.
``(3) Claims brought by owner of the funds.--If a forfeiture
action is instituted against funds restrained, seized, or arrested
under paragraph (1), the owner of the funds deposited into the
account at the foreign bank may contest the forfeiture by filing a
claim under section 983.
``(4) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Interbank account.--The term `interbank account' has
the same meaning as in section 984(c)(2)(B).
``(B) Owner.--
``(i) In general.--Except as provided in clause (ii),
the term `owner'--
``(I) means the person who was the owner, as that
term is defined in section 983(d)(6), of the funds that
were deposited into the foreign bank at the time such
funds were deposited; and
``(II) does not include either the foreign bank or
any financial institution acting as an intermediary in
the transfer of the funds into the interbank account.
``(ii) Exception.--The foreign bank may be considered
the `owner' of the funds (and no other person shall qualify
as the owner of such funds) only if--
``(I) the basis for the forfeiture action is
wrongdoing committed by the foreign bank; or
``(II) the foreign bank establishes, by a
preponderance of the evidence, that prior to the
restraint, seizure, or arrest of the funds, the foreign
bank had discharged all or part of its obligation to
the prior owner of the funds, in which case the foreign
bank shall be deemed the owner of the funds to the
extent of such discharged obligation.''.
(b) Bank Records.--Section 5318 of title 31, United States Code, as
amended by this title, is amended by adding at the end the following:
``(k) Bank Records Related to Anti-Money Laundering Programs.--
``(1) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Appropriate federal banking agency.--The term
`appropriate Federal banking agency' has the same meaning as in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
``(B) Incorporated term.--The term `correspondent account'
has the same meaning as in section 5318A(f)(1)(B).
``(2) 120-hour rule.--Not later than 120 hours after receiving
a request by an appropriate Federal banking agency for information
related to anti-money laundering compliance by a covered financial
institution or a customer of such institution, a covered financial
institution shall provide to the appropriate Federal banking
agency, or make available at a location specified by the
representative of the appropriate Federal banking agency,
information and account documentation for any account opened,
maintained, administered or managed in the United States by the
covered financial institution.
``(3) Foreign bank records.--
``(A) Summons or subpoena of records.--
``(i) In general.--The Secretary of the Treasury or the
Attorney General may issue a summons or subpoena to any
foreign bank that maintains a correspondent account in the
United States and request records related to such
correspondent account, including records maintained outside
of the United States relating to the deposit of funds into
the foreign bank.
``(ii) Service of summons or subpoena.--A summons or
subpoena referred to in clause (i) may be served on the
foreign bank in the United States if the foreign bank has a
representative in the United States, or in a foreign
country pursuant to any mutual legal assistance treaty,
multilateral agreement, or other request for international
law enforcement assistance.
``(B) Acceptance of service.--
``(i) Maintaining records in the united states.--Any
covered financial institution which maintains a
correspondent account in the United States for a foreign
bank shall maintain records in the United States
identifying the owners of such foreign bank and the name
and address of a person who resides in the United States
and is authorized to accept service of legal process for
records regarding the correspondent account.
``(ii) Law enforcement request.--Upon receipt of a
written request from a Federal law enforcement officer for
information required to be maintained under this paragraph,
the covered financial institution shall provide the
information to the requesting officer not later than 7 days
after receipt of the request.
``(C) Termination of correspondent relationship.--
``(i) Termination upon receipt of notice.--A covered
financial institution shall terminate any correspondent
relationship with a foreign bank not later than 10 business
days after receipt of written notice from the Secretary or
the Attorney General (in each case, after consultation with
the other) that the foreign bank has failed--
``(I) to comply with a summons or subpoena issued
under subparagraph (A); or
``(II) to initiate proceedings in a United States
court contesting such summons or subpoena.
``(ii) Limitation on liability.--A covered financial
institution shall not be liable to any person in any court
or arbitration proceeding for terminating a correspondent
relationship in accordance with this subsection.
``(iii) Failure to terminate relationship.--Failure to
terminate a correspondent relationship in accordance with
this subsection shall render the covered financial
institution liable for a civil penalty of up to $10,000 per
day until the correspondent relationship is so
terminated.''.
(c) Grace Period.--Financial institutions shall have 60 days from
the date of enactment of this Act to comply with the provisions of
section 5318(k) of title 31, United States Code, as added by this
section.
(d) Authority To Order Convicted Criminal To Return Property
Located Abroad.--
(1) Forfeiture of substitute property.--Section 413(p) of the
Controlled Substances Act (21 U.S.C. 853) is amended to read as
follows:
``(p) Forfeiture of Substitute Property.--
``(1) In general.--Paragraph (2) of this subsection shall
apply, if any property described in subsection (a), as a result of
any act or omission of the defendant--
``(A) cannot be located upon the exercise of due diligence;
``(B) has been transferred or sold to, or deposited with, a
third party;
``(C) has been placed beyond the jurisdiction of the court;
``(D) has been substantially diminished in value; or
``(E) has been commingled with other property which cannot
be divided without difficulty.
``(2) Substitute property.--In any case described in any of
subparagraphs (A) through (E) of paragraph (1), the court shall
order the forfeiture of any other property of the defendant, up to
the value of any property described in subparagraphs (A) through
(E) of paragraph (1), as applicable.
``(3) Return of property to jurisdiction.--In the case of
property described in paragraph (1)(C), the court may, in addition
to any other action authorized by this subsection, order the
defendant to return the property to the jurisdiction of the court
so that the property may be seized and forfeited.''.
(2) Protective orders.--Section 413(e) of the Controlled
Substances Act (21 U.S.C. 853(e)) is amended by adding at the end
the following:
``(4) Order to repatriate and deposit.--
``(A) In general.--Pursuant to its authority to enter a
pretrial restraining order under this section, the court may
order a defendant to repatriate any property that may be seized
and forfeited, and to deposit that property pending trial in
the registry of the court, or with the United States Marshals
Service or the Secretary of the Treasury, in an interest-
bearing account, if appropriate.
``(B) Failure to comply.--Failure to comply with an order
under this subsection, or an order to repatriate property under
subsection (p), shall be punishable as a civil or criminal
contempt of court, and may also result in an enhancement of the
sentence of the defendant under the obstruction of justice
provision of the Federal Sentencing Guidelines.''.
SEC. 320. PROCEEDS OF FOREIGN CRIMES.
Section 981(a)(1)(B) of title 18, United States Code, is amended to
read as follows:
``(B) Any property, real or personal, within the jurisdiction
of the United States, constituting, derived from, or traceable to,
any proceeds obtained directly or indirectly from an offense
against a foreign nation, or any property used to facilitate such
an offense, if the offense--
``(i) involves the manufacture, importation, sale, or
distribution of a controlled substance (as that term is defined
for purposes of the Controlled Substances Act), or any other
conduct described in section 1956(c)(7)(B);
``(ii) would be punishable within the jurisdiction of the
foreign nation by death or imprisonment for a term exceeding 1
year; and
``(iii) would be punishable under the laws of the United
States by imprisonment for a term exceeding 1 year, if the act
or activity constituting the offense had occurred within the
jurisdiction of the United States.''.
SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II OF CHAPTER
53 OF TITLE 31, UNITED STATES CODE.
(a) Credit Unions.--Subparagraph (E) of section 5312(2) of title
31, United States Code, is amended to read as follows:
``(E) any credit union;''.
(b) Futures Commission Merchant; Commodity Trading Advisor;
Commodity Pool Operator.--Section 5312 of title 31, United States Code,
is amended by adding at the end the following new subsection:
``(c) Additional Definitions.--For purposes of this subchapter, the
following definitions shall apply:
``(1) Certain institutions included in definition.--The term
`financial institution' (as defined in subsection (a)) includes the
following:
``(A) Any futures commission merchant, commodity trading
advisor, or commodity pool operator registered, or required to
register, under the Commodity Exchange Act.''.
(c) CFTC Included.--For purposes of this Act and any amendment made
by this Act to any other provision of law, the term ``Federal
functional regulator'' includes the Commodity Futures Trading
Commission.
SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.
Section 2466 of title 18, United States Code, is amended by
designating the present matter as subsection (a), and adding at the end
the following:
``(b) Subsection (a) may be applied to a claim filed by a
corporation if any majority shareholder, or individual filing the claim
on behalf of the corporation is a person to whom subsection (a)
applies.''.
SEC. 323. ENFORCEMENT OF FOREIGN JUDGMENTS.
Section 2467 of title 28, United States Code, is amended--
(1) in subsection (d), by adding the following after paragraph
(2):
``(3) Preservation of property.--
``(A) In general.--To preserve the availability of property
subject to a foreign forfeiture or confiscation judgment, the
Government may apply for, and the court may issue, a
restraining order pursuant to section 983(j) of title 18, at
any time before or after an application is filed pursuant to
subsection (c)(1) of this section.
``(B) Evidence.--The court, in issuing a restraining order
under subparagraph (A)--
``(i) may rely on information set forth in an affidavit
describing the nature of the proceeding or investigation
underway in the foreign country, and setting forth a
reasonable basis to believe that the property to be
restrained will be named in a judgment of forfeiture at the
conclusion of such proceeding; or
``(ii) may register and enforce a restraining order
that has been issued by a court of competent jurisdiction
in the foreign country and certified by the Attorney
General pursuant to subsection (b)(2).
``(C) Limit on grounds for objection.--No person may object
to a restraining order under subparagraph (A) on any ground
that is the subject of parallel litigation involving the same
property that is pending in a foreign court.'';
(2) in subsection (b)(1)(C), by striking ``establishing that
the defendant received notice of the proceedings in sufficient time
to enable the defendant'' and inserting ``establishing that the
foreign nation took steps, in accordance with the principles of due
process, to give notice of the proceedings to all persons with an
interest in the property in sufficient time to enable such
persons'';
(3) in subsection (d)(1)(D), by striking ``the defendant in the
proceedings in the foreign court did not receive notice'' and
inserting ``the foreign nation did not take steps, in accordance
with the principles of due process, to give notice of the
proceedings to a person with an interest in the property''; and
(4) in subsection (a)(2)(A), by inserting ``, any violation of
foreign law that would constitute a violation or an offense for
which property could be forfeited under Federal law if the offense
were committed in the United States'' after ``United Nations
Convention''.
SEC. 324. REPORT AND RECOMMENDATION.
Not later than 30 months after the date of enactment of this Act,
the Secretary, in consultation with the Attorney General, the Federal
banking agencies (as defined at section 3 of the Federal Deposit
Insurance Act), the National Credit Union Administration Board, the
Securities and Exchange Commission, and such other agencies as the
Secretary may determine, at the discretion of the Secretary, shall
evaluate the operations of the provisions of this subtitle and make
recommendations to Congress as to any legislative action with respect
to this subtitle as the Secretary may determine to be necessary or
advisable.
SEC. 325. CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS.
Section 5318(h) of title 31, United States Code, as amended by
section 202 of this title, is amended by adding at the end the
following:
``(3) Concentration accounts.--The Secretary may prescribe
regulations under this subsection that govern maintenance of
concentration accounts by financial institutions, in order to
ensure that such accounts are not used to prevent association of
the identity of an individual customer with the movement of funds
of which the customer is the direct or beneficial owner, which
regulations shall, at a minimum--
``(A) prohibit financial institutions from allowing clients
to direct transactions that move their funds into, out of, or
through the concentration accounts of the financial
institution;
``(B) prohibit financial institutions and their employees
from informing customers of the existence of, or the means of
identifying, the concentration accounts of the institution; and
``(C) require each financial institution to establish
written procedures governing the documentation of all
transactions involving a concentration account, which
procedures shall ensure that, any time a transaction involving
a concentration account commingles funds belonging to 1 or more
customers, the identity of, and specific amount belonging to,
each customer is documented.''.
SEC. 326. VERIFICATION OF IDENTIFICATION.
(a) In General.--Section 5318 of title 31, United States Code, as
amended by this title, is amended by adding at the end the following:
``(l) Identification and Verification of Accountholders.--
``(1) In general.--Subject to the requirements of this
subsection, the Secretary of the Treasury shall prescribe
regulations setting forth the minimum standards for financial
institutions and their customers regarding the identity of the
customer that shall apply in connection with the opening of an
account at a financial institution.
``(2) Minimum requirements.--The regulations shall, at a
minimum, require financial institutions to implement, and customers
(after being given adequate notice) to comply with, reasonable
procedures for--
``(A) verifying the identity of any person seeking to open
an account to the extent reasonable and practicable;
``(B) maintaining records of the information used to verify
a person's identity, including name, address, and other
identifying information; and
``(C) consulting lists of known or suspected terrorists or
terrorist organizations provided to the financial institution
by any government agency to determine whether a person seeking
to open an account appears on any such list.
``(3) Factors to be considered.--In prescribing regulations
under this subsection, the Secretary shall take into consideration
the various types of accounts maintained by various types of
financial institutions, the various methods of opening accounts,
and the various types of identifying information available.
``(4) Certain financial institutions.--In the case of any
financial institution the business of which is engaging in
financial activities described in section 4(k) of the Bank Holding
Company Act of 1956 (including financial activities subject to the
jurisdiction of the Commodity Futures Trading Commission), the
regulations prescribed by the Secretary under paragraph (1) shall
be prescribed jointly with each Federal functional regulator (as
defined in section 509 of the Gramm-Leach-Bliley Act, including the
Commodity Futures Trading Commission) appropriate for such
financial institution.
``(5) Exemptions.--The Secretary (and, in the case of any
financial institution described in paragraph (4), any Federal
agency described in such paragraph) may, by regulation or order,
exempt any financial institution or type of account from the
requirements of any regulation prescribed under this subsection in
accordance with such standards and procedures as the Secretary may
prescribe.
``(6) Effective date.--Final regulations prescribed under this
subsection shall take effect before the end of the 1-year period
beginning on the date of enactment of the International Money
Laundering Abatement and Financial Anti-Terrorism Act of 2001.''.
(b) Study and Report Required.--Within 6 months after the date of
enactment of this Act, the Secretary, in consultation with the Federal
functional regulators (as defined in section 509 of the Gramm-Leach-
Bliley Act) and other appropriate Government agencies, shall submit a
report to the Congress containing recommendations for--
(1) determining the most timely and effective way to require
foreign nationals to provide domestic financial institutions and
agencies with appropriate and accurate information, comparable to
that which is required of United States nationals, concerning the
identity, address, and other related information about such foreign
nationals necessary to enable such institutions and agencies to
comply with the requirements of this section;
(2) requiring foreign nationals to apply for and obtain, before
opening an account with a domestic financial institution, an
identification number which would function similarly to a Social
Security number or tax identification number; and
(3) establishing a system for domestic financial institutions
and agencies to review information maintained by relevant
Government agencies for purposes of verifying the identities of
foreign nationals seeking to open accounts at those institutions
and agencies.
SEC. 327. CONSIDERATION OF ANTI-MONEY LAUNDERING RECORD.
(a) Bank Holding Company Act of 1956.--
(1) In general.--Section 3(c) of the Bank Holding Company Act
of 1956 (12 U.S.C. 1842(c)) is amended by adding at the end the
following new paragraph:
``(6) Money laundering.--In every case, the Board shall take
into consideration the effectiveness of the company or companies in
combatting money laundering activities, including in overseas
branches.''.
(2) Scope of application.--The amendment made by paragraph (1)
shall apply with respect to any application submitted to the Board of
Governors of the Federal Reserve System under section 3 of the Bank
Holding Company Act of 1956 after December 31, 2001, which has not been
approved by the Board before the date of enactment of this Act.
(b) Mergers Subject to Review Under Federal Deposit Insurance
Act.--
(1) In general.--Section 18(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1828(c)) is amended--
(A) by redesignating paragraph (11) as paragraph (12); and
(B) by inserting after paragraph (10), the following new
paragraph:
``(11) Money laundering.--In every case, the responsible
agency, shall take into consideration the effectiveness of any
insured depository institution involved in the proposed merger
transaction in combatting money laundering activities, including in
overseas branches.''.
(2) Scope of application.--The amendment made by paragraph (1)
shall apply with respect to any application submitted to the
responsible agency under section 18(c) of the Federal Deposit
Insurance Act after December 31, 2001, which has not been approved
by all appropriate responsible agencies before the date of
enactment of this Act.
SEC. 328. INTERNATIONAL COOPERATION ON IDENTIFICATION OF ORIGINATORS OF
WIRE TRANSFERS.
The Secretary shall--
(1) in consultation with the Attorney General and the Secretary
of State, take all reasonable steps to encourage foreign
governments to require the inclusion of the name of the originator
in wire transfer instructions sent to the United States and other
countries, with the information to remain with the transfer from
its origination until the point of disbursement; and
(2) report annually to the Committee on Financial Services of
the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate on--
(A) progress toward the goal enumerated in paragraph (1),
as well as impediments to implementation and an estimated
compliance rate; and
(B) impediments to instituting a regime in which all
appropriate identification, as defined by the Secretary, about
wire transfer recipients shall be included with wire transfers
from their point of origination until disbursement.
SEC. 329. CRIMINAL PENALTIES.
Any person who is an official or employee of any department,
agency, bureau, office, commission, or other entity of the Federal
Government, and any other person who is acting for or on behalf of any
such entity, who, directly or indirectly, in connection with the
administration of this title, corruptly demands, seeks, receives,
accepts, or agrees to receive or accept anything of value personally or
for any other person or entity in return for--
(1) being influenced in the performance of any official act;
(2) being influenced to commit or aid in the committing, or to
collude in, or allow, any fraud, or make opportunity for the
commission of any fraud, on the United States; or
(3) being induced to do or omit to do any act in violation of
the official duty of such official or person,
shall be fined in an amount not more than 3 times the monetary
equivalent of the thing of value, or imprisoned for not more than 15
years, or both. A violation of this section shall be subject to chapter
227 of title 18, United States Code, and the provisions of the United
States Sentencing Guidelines.
SEC. 330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF MONEY
LAUNDERING, FINANCIAL CRIMES, AND THE FINANCES OF
TERRORIST GROUPS.
(a) Negotiations.--It is the sense of the Congress that the President
should direct the Secretary of State, the Attorney General, or the
Secretary of the Treasury, as appropriate, and in consultation with the
Board of Governors of the Federal Reserve System, to seek to enter into
negotiations with the appropriate financial supervisory agencies and
other officials of any foreign country the financial institutions of
which do business with United States financial institutions or which
may be utilized by any foreign terrorist organization (as designated
under section 219 of the Immigration and Nationality Act), any person
who is a member or representative of any such organization, or any
person engaged in money laundering or financial or other crimes.
(b) Purposes of Negotiations.--It is the sense of the Congress
that, in carrying out any negotiations described in paragraph (1), the
President should direct the Secretary of State, the Attorney General,
or the Secretary of the Treasury, as appropriate, to seek to enter into
and further cooperative efforts, voluntary information exchanges, the
use of letters rogatory, mutual legal assistance treaties, and
international agreements to--
(1) ensure that foreign banks and other financial institutions
maintain adequate records of transaction and account information
relating to any foreign terrorist organization (as designated under
section 219 of the Immigration and Nationality Act), any person who
is a member or representative of any such organization, or any
person engaged in money laundering or financial or other crimes;
and
(2) establish a mechanism whereby such records may be made
available to United States law enforcement officials and domestic
financial institution supervisors, when appropriate.
Subtitle B--Bank Secrecy Act Amendments and Related Improvements
SEC. 351. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES.
(a) Amendment Relating to Civil Liability Immunity for
Disclosures.--Section 5318(g)(3) of title 31, United States Code, is
amended to read as follows:
``(3) Liability for disclosures.--
``(A) In general.--Any financial institution that makes a
voluntary disclosure of any possible violation of law or
regulation to a government agency or makes a disclosure
pursuant to this subsection or any other authority, and any
director, officer, employee, or agent of such institution who
makes, or requires another to make any such disclosure, shall
not be liable to any person under any law or regulation of the
United States, any constitution, law, or regulation of any
State or political subdivision of any State, or under any
contract or other legally enforceable agreement (including any
arbitration agreement), for such disclosure or for any failure
to provide notice of such disclosure to the person who is the
subject of such disclosure or any other person identified in
the disclosure.
``(B) Rule of construction.--Subparagraph (A) shall not be
construed as creating--
``(i) any inference that the term `person', as used in
such subparagraph, may be construed more broadly than its
ordinary usage so as to include any government or agency of
government; or
``(ii) any immunity against, or otherwise affecting,
any civil or criminal action brought by any government or
agency of government to enforce any constitution, law, or
regulation of such government or agency.''.
(b) Prohibition on Notification of Disclosures.--Section 5318(g)(2)
of title 31, United States Code, is amended to read as follows:
``(2) Notification prohibited.--
``(A) In general.--If a financial institution or any
director, officer, employee, or agent of any financial
institution, voluntarily or pursuant to this section or any
other authority, reports a suspicious transaction to a
government agency--
``(i) the financial institution, director, officer,
employee, or agent may not notify any person involved in
the transaction that the transaction has been reported; and
``(ii) no officer or employee of the Federal Government
or of any State, local, tribal, or territorial government
within the United States, who has any knowledge that such
report was made may disclose to any person involved in the
transaction that the transaction has been reported, other
than as necessary to fulfill the official duties of such
officer or employee.
``(B) Disclosures in certain employment references.--
``(i) Rule of construction.--Notwithstanding the
application of subparagraph (A) in any other context,
subparagraph (A) shall not be construed as prohibiting any
financial institution, or any director, officer, employee,
or agent of such institution, from including information
that was included in a report to which subparagraph (A)
applies--
``(I) in a written employment reference that is
provided in accordance with section 18(w) of the
Federal Deposit Insurance Act in response to a request
from another financial institution; or
``(II) in a written termination notice or
employment reference that is provided in accordance
with the rules of a self-regulatory organization
registered with the Securities and Exchange Commission
or the Commodity Futures Trading Commission,
except that such written reference or notice may not
disclose that such information was also included in any
such report, or that such report was made.
``(ii) Information not required.--Clause (i) shall not
be construed, by itself, to create any affirmative duty to
include any information described in clause (i) in any
employment reference or termination notice referred to in
clause (i).''.
SEC. 352. ANTI-MONEY LAUNDERING PROGRAMS.
(a) In General.--Section 5318(h) of title 31, United States Code,
is amended to read as follows:
``(h) Anti-money Laundering Programs.--
``(1) In general.--In order to guard against money laundering
through financial institutions, each financial institution shall
establish anti-money laundering programs, including, at a minimum--
``(A) the development of internal policies, procedures, and
controls;
``(B) the designation of a compliance officer;
``(C) an ongoing employee training program; and
``(D) an independent audit function to test programs.
``(2) Regulations.--The Secretary of the Treasury, after
consultation with the appropriate Federal functional regulator (as
defined in section 509 of the Gramm-Leach-Bliley Act), may
prescribe minimum standards for programs established under
paragraph (1), and may exempt from the application of those
standards any financial institution that is not subject to the
provisions of the rules contained in part 103 of title 31, of the
Code of Federal Regulations, or any successor rule thereto, for so
long as such financial institution is not subject to the provisions
of such rules.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect at the end of the 180-day period beginning on the date of
enactment of this Act.
(c) Date of Application of Regulations; Factors to Be Taken Into
Account.--Before the end of the 180-day period beginning on the date of
enactment of this Act, the Secretary shall prescribe regulations that
consider the extent to which the requirements imposed under this
section are commensurate with the size, location, and activities of the
financial institutions to which such regulations apply.
SEC. 353. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING ORDERS AND
CERTAIN RECORDKEEPING REQUIREMENTS, AND LENGTHENING
EFFECTIVE PERIOD OF GEOGRAPHIC TARGETING ORDERS.
(a) Civil Penalty for Violation of Targeting Order.--Section
5321(a)(1) of title 31, United States Code, is amended--
(1) by inserting ``or order issued'' after ``subchapter or a
regulation prescribed''; and
(2) by inserting ``, or willfully violating a regulation
prescribed under section 21 of the Federal Deposit Insurance Act or
section 123 of Public Law 91-508,'' after ``sections 5314 and
5315)''.
(b) Criminal Penalties for Violation of Targeting Order.--Section
5322 of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or order issued'' after ``willfully
violating this subchapter or a regulation prescribed''; and
(B) by inserting ``, or willfully violating a regulation
prescribed under section 21 of the Federal Deposit Insurance
Act or section 123 of Public Law 91-508,'' after ``under
section 5315 or 5324)''; and
(2) in subsection (b)--
(A) by inserting ``or order issued'' after ``willfully
violating this subchapter or a regulation prescribed''; and
(B) by inserting ``or willfully violating a regulation
prescribed under section 21 of the Federal Deposit Insurance
Act or section 123 of Public Law 91-508,'' after ``under
section 5315 or 5324),''.
(c) Structuring Transactions To Evade Targeting Order or Certain
Recordkeeping Requirements.--Section 5324(a) of title 31, United States
Code, is amended--
(1) by inserting a comma after ``shall'';
(2) by striking ``section--'' and inserting ``section, the
reporting or recordkeeping requirements imposed by any order issued
under section 5326, or the recordkeeping requirements imposed by
any regulation prescribed under section 21 of the Federal Deposit
Insurance Act or section 123 of Public Law 91-508--'';
(3) in paragraph (1), by inserting ``, to file a report or to
maintain a record required by an order issued under section 5326,
or to maintain a record required pursuant to any regulation
prescribed under section 21 of the Federal Deposit Insurance Act or
section 123 of Public Law 91-508'' after ``regulation prescribed
under any such section''; and
(4) in paragraph (2), by inserting ``, to file a report or to
maintain a record required by any order issued under section 5326,
or to maintain a record required pursuant to any regulation
prescribed under section 5326, or to maintain a record required
pursuant to any regulation prescribed under section 21 of the
Federal Deposit Insurance Act or section 123 of Public Law 91-
508,'' after ``regulation prescribed under any such section''.
(d) Lengthening Effective Period of Geographic Targeting Orders.--
Section 5326(d) of title 31, United States Code, is amended by striking
``more than 60'' and inserting ``more than 180''.
SEC. 354. ANTI-MONEY LAUNDERING STRATEGY.
Section 5341(b) of title 31, United States Code, is amended by
adding at the end the following:
``(12) Data regarding funding of terrorism.--Data concerning
money laundering efforts related to the funding of acts of
international terrorism, and efforts directed at the prevention,
detection, and prosecution of such funding.''.
SEC. 355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL ACTIVITY IN
WRITTEN EMPLOYMENT REFERENCES.
Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is
amended by adding at the end the following:
``(w) Written Employment References May Contain Suspicions of
Involvement in Illegal Activity.--
``(1) Authority to disclose information.--Notwithstanding any
other provision of law, any insured depository institution, and any
director, officer, employee, or agent of such institution, may
disclose in any written employment reference relating to a current
or former institution-affiliated party of such institution which is
provided to another insured depository institution in response to a
request from such other institution, information concerning the
possible involvement of such institution-affiliated party in
potentially unlawful activity.
``(2) Information not required.--Nothing in paragraph (1) shall
be construed, by itself, to create any affirmative duty to include
any information described in paragraph (1) in any employment
reference referred to in paragraph (1).
``(3) Malicious intent.--Notwithstanding any other provision of
this subsection, voluntary disclosure made by an insured depository
institution, and any director, officer, employee, or agent of such
institution under this subsection concerning potentially unlawful
activity that is made with malicious intent, shall not be shielded
from liability from the person identified in the disclosure.
``(4) Definition.--For purposes of this subsection, the term
`insured depository institution' includes any uninsured branch or
agency of a foreign bank.''.
SEC. 356. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES BROKERS AND
DEALERS; INVESTMENT COMPANY STUDY.
(a) Deadline for Suspicious Activity Reporting Requirements for
Registered Brokers and Dealers.--The Secretary, after consultation with
the Securities and Exchange Commission and the Board of Governors of
the Federal Reserve System, shall publish proposed regulations in the
Federal Register before January 1, 2002, requiring brokers and dealers
registered with the Securities and Exchange Commission under the
Securities Exchange Act of 1934 to submit suspicious activity reports
under section 5318(g) of title 31, United States Code. Such regulations
shall be published in final form not later than July 1, 2002.
(b) Suspicious Activity Reporting Requirements For Futures
Commission Merchants, Commodity Trading Advisors, and Commodity Pool
Operators.--The Secretary, in consultation with the Commodity Futures
Trading Commission, may prescribe regulations requiring futures
commission merchants, commodity trading advisors, and commodity pool
operators registered under the Commodity Exchange Act to submit
suspicious activity reports under section 5318(g) of title 31, United
States Code.
(c) Report on Investment Companies.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, the Board of Governors of the
Federal Reserve System, and the Securities and Exchange Commission
shall jointly submit a report to the Congress on recommendations
for effective regulations to apply the requirements of subchapter
II of chapter 53 of title 31, United States Code, to investment
companies pursuant to section 5312(a)(2)(I) of title 31, United
States Code.
(2) Definition.--For purposes of this subsection, the term
``investment company''--
(A) has the same meaning as in section 3 of the Investment
Company Act of 1940 (15 U.S.C. 80a-3); and
(B) includes any person that, but for the exceptions
provided for in paragraph (1) or (7) of section 3(c) of the
Investment Company Act of 1940 (15 U.S.C. 80a-3(c)), would be
an investment company.
(3) Additional recommendations.--The report required by
paragraph (1) may make different recommendations for different
types of entities covered by this subsection.
(4) Beneficial ownership of personal holding companies.--The
report described in paragraph (1) shall also include
recommendations as to whether the Secretary should promulgate
regulations to treat any corporation or business or other grantor
trust whose assets are predominantly securities, bank certificates
of deposit, or other securities or investment instruments (other
than such as relate to operating subsidiaries of such corporation
or trust) and that has 5 or fewer common shareholders or holders of
beneficial or other equity interest, as a financial institution
within the meaning of that phrase in section 5312(a)(2)(I) and
whether to require such corporations or trusts to disclose their
beneficial owners when opening accounts or initiating funds
transfers at any domestic financial institution.
SEC. 357. SPECIAL REPORT ON ADMINISTRATION OF BANK SECRECY PROVISIONS.
(a) Report Required.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall submit a report to the
Congress relating to the role of the Internal Revenue Service in the
administration of subchapter II of chapter 53 of title 31, United
States Code (commonly known as the ``Bank Secrecy Act'').
(b) Contents.--The report required by subsection (a)--
(1) shall specifically address, and contain recommendations
concerning--
(A) whether it is advisable to shift the processing of
information reporting to the Department of the Treasury under
the Bank Secrecy Act provisions to facilities other than those
managed by the Internal Revenue Service; and
(B) whether it remains reasonable and efficient, in light
of the objective of both anti-money-laundering programs and
Federal tax administration, for the Internal Revenue Service to
retain authority and responsibility for audit and examination
of the compliance of money services businesses and gaming
institutions with those Bank Secrecy Act provisions; and
(2) shall, if the Secretary determines that the information
processing responsibility or the audit and examination
responsibility of the Internal Revenue Service, or both, with
respect to those Bank Secrecy Act provisions should be transferred
to other agencies, include the specific recommendations of the
Secretary regarding the agency or agencies to which any such
function should be transferred, complete with a budgetary and
resources plan for expeditiously accomplishing the transfer.
SEC. 358. BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED STATES
INTELLIGENCE AGENCIES TO FIGHT INTERNATIONAL TERRORISM.
(a) Amendment Relating to the Purposes of Chapter 53 of Title 31,
United States Code.--Section 5311 of title 31, United States Code, is
amended by inserting before the period at the end the following: ``, or
in the conduct of intelligence or counterintelligence activities,
including analysis, to protect against international terrorism''.
(b) Amendment Relating to Reporting of Suspicious Activities.--
Section 5318(g)(4)(B) of title 31, United States Code, is amended by
striking ``or supervisory agency'' and inserting ``, supervisory
agency, or United States intelligence agency for use in the conduct of
intelligence or counterintelligence activities, including analysis, to
protect against international terrorism''.
(c) Amendment Relating to Availability of Reports.--Section 5319 of
title 31, United States Code, is amended to read as follows:
``Sec. 5319. Availability of reports
``The Secretary of the Treasury shall make information in a report
filed under this subchapter available to an agency, including any State
financial institutions supervisory agency, United States intelligence
agency or self-regulatory organization registered with the Securities
and Exchange Commission or the Commodity Futures Trading Commission,
upon request of the head of the agency or organization. The report
shall be available for a purpose that is consistent with this
subchapter. The Secretary may only require reports on the use of such
information by any State financial institutions supervisory agency for
other than supervisory purposes or by United States intelligence
agencies. However, a report and records of reports are exempt from
disclosure under section 552 of title 5.''.
(d) Amendment Relating to the Purposes of the Bank Secrecy Act
Provisions.--Section 21(a) of the Federal Deposit Insurance Act (12
U.S.C. 1829b(a)) is amended to read as follows:
``(a) Congressional Findings and Declaration of Purpose.--
``(1) Findings.--Congress finds that--
``(A) adequate records maintained by insured depository
institutions have a high degree of usefulness in criminal, tax,
and regulatory investigations or proceedings, and that, given
the threat posed to the security of the Nation on and after the
terrorist attacks against the United States on September 11,
2001, such records may also have a high degree of usefulness in
the conduct of intelligence or counterintelligence activities,
including analysis, to protect against domestic and
international terrorism; and
``(B) microfilm or other reproductions and other records
made by insured depository institutions of checks, as well as
records kept by such institutions, of the identity of persons
maintaining or authorized to act with respect to accounts
therein, have been of particular value in proceedings described
in subparagraph (A).
``(2) Purpose.--It is the purpose of this section to require
the maintenance of appropriate types of records by insured
depository institutions in the United States where such records
have a high degree of usefulness in criminal, tax, or regulatory
investigations or proceedings, recognizes that, given the threat
posed to the security of the Nation on and after the terrorist
attacks against the United States on September 11, 2001, such
records may also have a high degree of usefulness in the conduct of
intelligence or counterintelligence activities, including analysis,
to protect against international terrorism.''.
(e) Amendment Relating to the Purposes of the Bank Secrecy Act.--
Section 123(a) of Public Law 91-508 (12 U.S.C. 1953(a)) is amended to
read as follows:
``(a) Regulations.--If the Secretary determines that the
maintenance of appropriate records and procedures by any uninsured bank
or uninsured institution, or any person engaging in the business of
carrying on in the United States any of the functions referred to in
subsection (b), has a high degree of usefulness in criminal, tax, or
regulatory investigations or proceedings, and that, given the threat
posed to the security of the Nation on and after the terrorist attacks
against the United States on September 11, 2001, such records may also
have a high degree of usefulness in the conduct of intelligence or
counterintelligence activities, including analysis, to protect against
international terrorism, he may by regulation require such bank,
institution, or person.''.
(f) Amendments to the Right to Financial Privacy Act.--The Right to
Financial Privacy Act of 1978 is amended--
(1) in section 1112(a) (12 U.S.C. 3412(a)), by inserting ``, or
intelligence or counterintelligence activity, investigation or
analysis related to international terrorism'' after ``legitimate
law enforcement inquiry'';
(2) in section 1114(a)(1) (12 U.S.C. 3414(a)(1))--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) a Government authority authorized to conduct
investigations of, or intelligence or counterintelligence
analyses related to, international terrorism for the purpose of
conducting such investigations or analyses.''; and
(3) in section 1120(a)(2) (12 U.S.C. 3420(a)(2)), by inserting
``, or for a purpose authorized by section 1112(a)'' before the
semicolon at the end.
(g) Amendment to the Fair Credit Reporting Act.--
(1) In general.--The Fair Credit Reporting Act (15 U.S.C. 1681
et seq.) is amended--
(A) by redesignating the second of the 2 sections
designated as section 624 (15 U.S.C. 1681u) (relating to
disclosure to FBI for counterintelligence purposes) as section
625; and
(B) by adding at the end the following new section:
``Sec. 626. Disclosures to governmental agencies for counterterrorism
purposes
``(a) Disclosure.--Notwithstanding section 604 or any other
provision of this title, a consumer reporting agency shall furnish a
consumer report of a consumer and all other information in a consumer's
file to a government agency authorized to conduct investigations of, or
intelligence or counterintelligence activities or analysis related to,
international terrorism when presented with a written certification by
such government agency that such information is necessary for the
agency's conduct or such investigation, activity or analysis.
``(b) Form of Certification.--The certification described in
subsection (a) shall be signed by a supervisory official designated by
the head of a Federal agency or an officer of a Federal agency whose
appointment to office is required to be made by the President, by and
with the advice and consent of the Senate.
``(c) Confidentiality.--No consumer reporting agency, or officer,
employee, or agent of such consumer reporting agency, shall disclose to
any person, or specify in any consumer report, that a government agency
has sought or obtained access to information under subsection (a).
``(d) Rule of Construction.--Nothing in section 625 shall be
construed to limit the authority of the Director of the Federal Bureau
of Investigation under this section.
``(e) Safe Harbor.--Notwithstanding any other provision of this
title, any consumer reporting agency or agent or employee thereof
making disclosure of consumer reports or other information pursuant to
this section in good-faith reliance upon a certification of a
governmental agency pursuant to the provisions of this section shall
not be liable to any person for such disclosure under this subchapter,
the constitution of any State, or any law or regulation of any State or
any political subdivision of any State.''.
(2) Clerical amendments.--The table of sections for the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--
(A) by redesignating the second of the 2 items designated
as section 624 as section 625; and
(B) by inserting after the item relating to section 625 (as
so redesignated) the following new item:
``626. Disclosures to governmental agencies for counterterrorism
purposes.''.
(h) Application of Amendments.--The amendments made by this section
shall apply with respect to reports filed or records maintained on,
before, or after the date of enactment of this Act.
SEC. 359. REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND BANKING
SYSTEMS.
(a) Definition for Subchapter.--Section 5312(a)(2)(R) of title 31,
United States Code, is amended to read as follows:
``(R) a licensed sender of money or any other person who
engages as a business in the transmission of funds, including
any person who engages as a business in an informal money
transfer system or any network of people who engage as a
business in facilitating the transfer of money domestically or
internationally outside of the conventional financial
institutions system;''.
(b) Money Transmitting Business.--Section 5330(d)(1)(A) of title
31, United States Code, is amended by inserting before the semicolon
the following: ``or any other person who engages as a business in the
transmission of funds, including any person who engages as a business
in an informal money transfer system or any network of people who
engage as a business in facilitating the transfer of money domestically
or internationally outside of the conventional financial institutions
system;''.
(c) Applicability of Rules.--Section 5318 of title 31, United
States Code, as amended by this title, is amended by adding at the end
the following:
``(l) Applicability of Rules.--Any rules promulgated pursuant to
the authority contained in section 21 of the Federal Deposit Insurance
Act (12 U.S.C. 1829b) shall apply, in addition to any other financial
institution to which such rules apply, to any person that engages as a
business in the transmission of funds, including any person who engages
as a business in an informal money transfer system or any network of
people who engage as a business in facilitating the transfer of money
domestically or internationally outside of the conventional financial
institutions system.''.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of the Treasury shall report to Congress on the
need for any additional legislation relating to persons who engage as a
business in an informal money transfer system or any network of people
who engage as a business in facilitating the transfer of money
domestically or internationally outside of the conventional financial
institutions system, counter money laundering and regulatory controls
relating to underground money movement and banking systems, including
whether the threshold for the filing of suspicious activity reports
under section 5318(g) of title 31, United States Code should be lowered
in the case of such systems.
SEC. 360. USE OF AUTHORITY OF UNITED STATES EXECUTIVE DIRECTORS.
(a) Action by the President.--If the President determines that a
particular foreign country has taken or has committed to take actions
that contribute to efforts of the United States to respond to, deter,
or prevent acts of international terrorism, the Secretary may,
consistent with other applicable provisions of law, instruct the United
States Executive Director of each international financial institution
to use the voice and vote of the Executive Director to support any loan
or other utilization of the funds of respective institutions for such
country, or any public or private entity within such country.
(b) Use of Voice and Vote.--The Secretary may instruct the United
States Executive Director of each international financial institution
to aggressively use the voice and vote of the Executive Director to
require an auditing of disbursements at such institutions to ensure
that no funds are paid to persons who commit, threaten to commit, or
support terrorism.
(c) Definition.--For purposes of this section, the term
``international financial institution'' means an institution described
in section 1701(c)(2) of the International Financial Institutions Act
(22 U.S.C. 262r(c)(2)).
SEC. 361. FINANCIAL CRIMES ENFORCEMENT NETWORK.
(a) In General.--Subchapter I of chapter 3 of title 31, United
States Code, is amended--
(1) by redesignating section 310 as section 311; and
(2) by inserting after section 309 the following new section:
``Sec. 310. Financial Crimes Enforcement Network
``(a) In General.--The Financial Crimes Enforcement Network
established by order of the Secretary of the Treasury (Treasury Order
Numbered 105-08, in this section referred to as `FinCEN') on April 25,
1990, shall be a bureau in the Department of the Treasury.
``(b) Director.--
``(1) Appointment.--The head of FinCEN shall be the Director,
who shall be appointed by the Secretary of the Treasury.
``(2) Duties and powers.--The duties and powers of the Director
are as follows:
``(A) Advise and make recommendations on matters relating
to financial intelligence, financial criminal activities, and
other financial activities to the Under Secretary of the
Treasury for Enforcement.
``(B) Maintain a government-wide data access service, with
access, in accordance with applicable legal requirements, to
the following:
``(i) Information collected by the Department of the
Treasury, including report information filed under
subchapter II of chapter 53 of this title (such as reports
on cash transactions, foreign financial agency transactions
and relationships, foreign currency transactions, exporting
and importing monetary instruments, and suspicious
activities), chapter 2 of title I of Public Law 91-508, and
section 21 of the Federal Deposit Insurance Act.
``(ii) Information regarding national and international
currency flows.
``(iii) Other records and data maintained by other
Federal, State, local, and foreign agencies, including
financial and other records developed in specific cases.
``(iv) Other privately and publicly available
information.
``(C) Analyze and disseminate the available data in
accordance with applicable legal requirements and policies and
guidelines established by the Secretary of the Treasury and the
Under Secretary of the Treasury for Enforcement to--
``(i) identify possible criminal activity to
appropriate Federal, State, local, and foreign law
enforcement agencies;
``(ii) support ongoing criminal financial
investigations and prosecutions and related proceedings,
including civil and criminal tax and forfeiture
proceedings;
``(iii) identify possible instances of noncompliance
with subchapter II of chapter 53 of this title, chapter 2
of title I of Public Law 91-508, and section 21 of the
Federal Deposit Insurance Act to Federal agencies with
statutory responsibility for enforcing compliance with such
provisions and other appropriate Federal regulatory
agencies;
``(iv) evaluate and recommend possible uses of special
currency reporting requirements under section 5326;
``(v) determine emerging trends and methods in money
laundering and other financial crimes;
``(vi) support the conduct of intelligence or
counterintelligence activities, including analysis, to
protect against international terrorism; and
``(vii) support government initiatives against money
laundering.
``(D) Establish and maintain a financial crimes
communications center to furnish law enforcement authorities
with intelligence information related to emerging or ongoing
investigations and undercover operations.
``(E) Furnish research, analytical, and informational
services to financial institutions, appropriate Federal
regulatory agencies with regard to financial institutions, and
appropriate Federal, State, local, and foreign law enforcement
authorities, in accordance with policies and guidelines
established by the Secretary of the Treasury or the Under
Secretary of the Treasury for Enforcement, in the interest of
detection, prevention, and prosecution of terrorism, organized
crime, money laundering, and other financial crimes.
``(F) Assist Federal, State, local, and foreign law
enforcement and regulatory authorities in combatting the use of
informal, nonbank networks and payment and barter system
mechanisms that permit the transfer of funds or the equivalent
of funds without records and without compliance with criminal
and tax laws.
``(G) Provide computer and data support and data analysis
to the Secretary of the Treasury for tracking and controlling
foreign assets.
``(H) Coordinate with financial intelligence units in other
countries on anti-terrorism and anti-money laundering
initiatives, and similar efforts.
``(I) Administer the requirements of subchapter II of
chapter 53 of this title, chapter 2 of title I of Public Law
91-508, and section 21 of the Federal Deposit Insurance Act, to
the extent delegated such authority by the Secretary of the
Treasury.
``(J) Such other duties and powers as the Secretary of the
Treasury may delegate or prescribe.
``(c) Requirements Relating to Maintenance and Use of Data Banks.--
The Secretary of the Treasury shall establish and maintain operating
procedures with respect to the government-wide data access service and
the financial crimes communications center maintained by FinCEN which
provide--
``(1) for the coordinated and efficient transmittal of
information to, entry of information into, and withdrawal of
information from, the data maintenance system maintained by the
Network, including--
``(A) the submission of reports through the Internet or
other secure network, whenever possible;
``(B) the cataloguing of information in a manner that
facilitates rapid retrieval by law enforcement personnel of
meaningful data; and
``(C) a procedure that provides for a prompt initial review
of suspicious activity reports and other reports, or such other
means as the Secretary may provide, to identify information
that warrants immediate action; and
``(2) in accordance with section 552a of title 5 and the Right
to Financial Privacy Act of 1978, appropriate standards and
guidelines for determining--
``(A) who is to be given access to the information
maintained by the Network;
``(B) what limits are to be imposed on the use of such
information; and
``(C) how information about activities or relationships
which involve or are closely associated with the exercise of
constitutional rights is to be screened out of the data
maintenance system.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for FinCEN such sums as may be necessary for fiscal years
2002, 2003, 2004, and 2005.''.
(b) Compliance With Reporting Requirements.--The Secretary of the
Treasury shall study methods for improving compliance with the
reporting requirements established in section 5314 of title 31, United
States Code, and shall submit a report on such study to the Congress by
the end of the 6-month period beginning on the date of enactment of
this Act and each 1-year period thereafter. The initial report shall
include historical data on compliance with such reporting requirements.
(c) Clerical Amendment.--The table of sections for subchapter I of
chapter 3 of title 31, United States Code, is amended--
(1) by redesignating the item relating to section 310 as
section 311; and
(2) by inserting after the item relating to section 309 the
following new item:
``310. Financial Crimes Enforcement Network.''.
SEC. 362. ESTABLISHMENT OF HIGHLY SECURE NETWORK.
(a) In General.--The Secretary shall establish a highly secure
network in the Financial Crimes Enforcement Network that--
(1) allows financial institutions to file reports required
under subchapter II or III of chapter 53 of title 31, United States
Code, chapter 2 of Public Law 91-508, or section 21 of the Federal
Deposit Insurance Act through the secure network; and
(2) provides financial institutions with alerts and other
information regarding suspicious activities that warrant immediate
and enhanced scrutiny.
(b) Expedited Development.--The Secretary shall take such action as
may be necessary to ensure that the secure network required under
subsection (a) is fully operational before the end of the 9-month
period beginning on the date of enactment of this Act.
SEC. 363. INCREASE IN CIVIL AND CRIMINAL PENALTIES FOR MONEY
LAUNDERING.
(a) Civil Penalties.--Section 5321(a) of title 31, United States
Code, is amended by adding at the end the following:
``(7) Penalties for international counter money laundering
violations.--The Secretary may impose a civil money penalty in an
amount equal to not less than 2 times the amount of the
transaction, but not more than $1,000,000, on any financial
institution or agency that violates any provision of subsection (i)
or (j) of section 5318 or any special measures imposed under
section 5318A.''.
(b) Criminal Penalties.--Section 5322 of title 31, United States
Code, is amended by adding at the end the following:
``(d) A financial institution or agency that violates any provision
of subsection (i) or (j) of section 5318, or any special measures
imposed under section 5318A, or any regulation prescribed under
subsection (i) or (j) of section 5318 or section 5318A, shall be fined
in an amount equal to not less than 2 times the amount of the
transaction, but not more than $1,000,000.''.
SEC. 364. UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE FACILITIES.
Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended by
adding at the end the following:
``(q) Uniform Protection Authority for Federal Reserve
Facilities.--
``(1) Notwithstanding any other provision of law, to authorize
personnel to act as law enforcement officers to protect and
safeguard the premises, grounds, property, personnel, including
members of the Board, of the Board, or any Federal reserve bank,
and operations conducted by or on behalf of the Board or a reserve
bank.
``(2) The Board may, subject to the regulations prescribed
under paragraph (5), delegate authority to a Federal reserve bank
to authorize personnel to act as law enforcement officers to
protect and safeguard the bank's premises, grounds, property,
personnel, and operations conducted by or on behalf of the bank.
``(3) Law enforcement officers designated or authorized by the
Board or a reserve bank under paragraph (1) or (2) are authorized
while on duty to carry firearms and make arrests without warrants
for any offense against the United States committed in their
presence, or for any felony cognizable under the laws of the United
States committed or being committed within the buildings and
grounds of the Board or a reserve bank if they have reasonable
grounds to believe that the person to be arrested has committed or
is committing such a felony. Such officers shall have access to law
enforcement information that may be necessary for the protection of
the property or personnel of the Board or a reserve bank.
``(4) For purposes of this subsection, the term `law
enforcement officers' means personnel who have successfully
completed law enforcement training and are authorized to carry
firearms and make arrests pursuant to this subsection.
``(5) The law enforcement authorities provided for in this
subsection may be exercised only pursuant to regulations prescribed
by the Board and approved by the Attorney General.''.
SEC. 365. REPORTS RELATING TO COINS AND CURRENCY RECEIVED IN
NONFINANCIAL TRADE OR BUSINESS.
(a) Reports Required.--Subchapter II of chapter 53 of title 31,
United States Code, is amended by adding at the end the following new
section:
``Sec. 5331. Reports relating to coins and currency received in
nonfinancial trade or business
``(a) Coin and Currency Receipts of More Than $10,000.--Any
person--
``(1) who is engaged in a trade or business; and
``(2) who, in the course of such trade or business, receives
more than $10,000 in coins or currency in 1 transaction (or 2 or
more related transactions),
shall file a report described in subsection (b) with respect to such
transaction (or related transactions) with the Financial Crimes
Enforcement Network at such time and in such manner as the Secretary
may, by regulation, prescribe.
``(b) Form and Manner of Reports.--A report is described in this
subsection if such report--
``(1) is in such form as the Secretary may prescribe;
``(2) contains--
``(A) the name and address, and such other identification
information as the Secretary may require, of the person from
whom the coins or currency was received;
``(B) the amount of coins or currency received;
``(C) the date and nature of the transaction; and
``(D) such other information, including the identification
of the person filing the report, as the Secretary may
prescribe.
``(c) Exceptions.--
``(1) Amounts received by financial institutions.--Subsection
(a) shall not apply to amounts received in a transaction reported
under section 5313 and regulations prescribed under such section.
``(2) Transactions occurring outside the united states.--Except
to the extent provided in regulations prescribed by the Secretary,
subsection (a) shall not apply to any transaction if the entire
transaction occurs outside the United States.
``(d) Currency Includes Foreign Currency and Certain Monetary
Instruments.--
``(1) In general.--For purposes of this section, the term
`currency' includes--
``(A) foreign currency; and
``(B) to the extent provided in regulations prescribed by
the Secretary, any monetary instrument (whether or not in
bearer form) with a face amount of not more than $10,000.
``(2) Scope of application.--Paragraph (1)(B) shall not apply
to any check drawn on the account of the writer in a financial
institution referred to in subparagraph (A), (B), (C), (D), (E),
(F), (G), (J), (K), (R), or (S) of section 5312(a)(2).''.
(b) Prohibition on Structuring Transactions.--
(1) In general.--Section 5324 of title 31, United States Code,
is amended--
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by inserting after subsection (a) the following new
subsection:
``(b) Domestic Coin and Currency Transactions Involving
Nonfinancial Trades or Businesses.--No person shall, for the purpose of
evading the report requirements of section 5333 or any regulation
prescribed under such section--
``(1) cause or attempt to cause a nonfinancial trade or
business to fail to file a report required under section 5333 or
any regulation prescribed under such section;
``(2) cause or attempt to cause a nonfinancial trade or
business to file a report required under section 5333 or any
regulation prescribed under such section that contains a material
omission or misstatement of fact; or
``(3) structure or assist in structuring, or attempt to
structure or assist in structuring, any transaction with 1 or more
nonfinancial trades or businesses.''.
(2) Technical and conforming amendments.--
(A) The heading for subsection (a) of section 5324 of title
31, United States Code, is amended by inserting ``Involving
Financial Institutions'' after ``Transactions''.
(B) Section 5317(c) of title 31, United States Code, is
amended by striking ``5324(b)'' and inserting ``5324(c)''.
(c) Definition of Nonfinancial Trade or Business.--
(1) In general.--Section 5312(a) of title 31, United States
Code, is amended--
(A) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(B) by inserting after paragraph (3) the following new
paragraph:
``(4) Nonfinancial trade or business.--The term `nonfinancial
trade or business' means any trade or business other than a
financial institution that is subject to the reporting requirements
of section 5313 and regulations prescribed under such section.''.
(2) Technical and conforming amendments.--
(A) Section 5312(a)(3)(C) of title 31, United States Code,
is amended by striking ``section 5316,'' and inserting
``sections 5333 and 5316,''.
(B) Subsections (a) through (f) of section 5318 of title
31, United States Code, and sections 5321, 5326, and 5328 of
such title are each amended--
(i) by inserting ``or nonfinancial trade or business''
after ``financial institution'' each place such term
appears; and
(ii) by inserting ``or nonfinancial trades or
businesses'' after ``financial institutions'' each place
such term appears.
(c) Clerical Amendment.--The table of sections for chapter 53 of
title 31, United States Code, is amended by inserting after the item
relating to section 5332 (as added by section 112 of this title) the
following new item:
``5331. Reports relating to coins and currency received in nonfinancial
trade or business.''.
(f) Regulations.--Regulations which the Secretary determines are
necessary to implement this section shall be published in final form
before the end of the 6-month period beginning on the date of enactment
of this Act.
SEC. 366. EFFICIENT USE OF CURRENCY TRANSACTION REPORT SYSTEM.
(a) Findings.--The Congress finds the following:
(1) The Congress established the currency transaction reporting
requirements in 1970 because the Congress found then that such
reports have a high degree of usefulness in criminal, tax, and
regulatory investigations and proceedings and the usefulness of
such reports has only increased in the years since the requirements
were established.
(2) In 1994, in response to reports and testimony that excess
amounts of currency transaction reports were interfering with
effective law enforcement, the Congress reformed the currency
transaction report exemption requirements to provide--
(A) mandatory exemptions for certain reports that had
little usefulness for law enforcement, such as cash transfers
between depository institutions and cash deposits from
government agencies; and
(B) discretionary authority for the Secretary of the
Treasury to provide exemptions, subject to criteria and
guidelines established by the Secretary, for financial
institutions with regard to regular business customers that
maintain accounts at an institution into which frequent cash
deposits are made.
(3) Today there is evidence that some financial institutions
are not utilizing the exemption system, or are filing reports even
if there is an exemption in effect, with the result that the volume
of currency transaction reports is once again interfering with
effective law enforcement.
(b) Study and Report.--
(1) Study required.--The Secretary shall conduct a study of--
(A) the possible expansion of the statutory exemption
system in effect under section 5313 of title 31, United States
Code; and
(B) methods for improving financial institution utilization
of the statutory exemption provisions as a way of reducing the
submission of currency transaction reports that have little or
no value for law enforcement purposes, including improvements
in the systems in effect at financial institutions for regular
review of the exemption procedures used at the institution and
the training of personnel in its effective use.
(2) Report required.--The Secretary of the Treasury shall
submit a report to the Congress before the end of the 1-year period
beginning on the date of enactment of this Act containing the
findings and conclusions of the Secretary with regard to the study
required under subsection (a), and such recommendations for
legislative or administrative action as the Secretary determines to
be appropriate.
Subtitle C--Currency Crimes and Protection
SEC. 371. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.
(a) Findings.--The Congress finds the following:
(1) Effective enforcement of the currency reporting
requirements of subchapter II of chapter 53 of title 31, United
States Code, and the regulations prescribed under such subchapter,
has forced drug dealers and other criminals engaged in cash-based
businesses to avoid using traditional financial institutions.
(2) In their effort to avoid using traditional financial
institutions, drug dealers and other criminals are forced to move
large quantities of currency in bulk form to and through the
airports, border crossings, and other ports of entry where the
currency can be smuggled out of the United States and placed in a
foreign financial institution or sold on the black market.
(3) The transportation and smuggling of cash in bulk form may
now be the most common form of money laundering, and the movement
of large sums of cash is one of the most reliable warning signs of
drug trafficking, terrorism, money laundering, racketeering, tax
evasion and similar crimes.
(4) The intentional transportation into or out of the United
States of large amounts of currency or monetary instruments, in a
manner designed to circumvent the mandatory reporting provisions of
subchapter II of chapter 53 of title 31, United States Code,, is
the equivalent of, and creates the same harm as, the smuggling of
goods.
(5) The arrest and prosecution of bulk cash smugglers are
important parts of law enforcement's effort to stop the laundering
of criminal proceeds, but the couriers who attempt to smuggle the
cash out of the United States are typically low-level employees of
large criminal organizations, and thus are easily replaced.
Accordingly, only the confiscation of the smuggled bulk cash can
effectively break the cycle of criminal activity of which the
laundering of the bulk cash is a critical part.
(6) The current penalties for violations of the currency
reporting requirements are insufficient to provide a deterrent to
the laundering of criminal proceeds. In particular, in cases where
the only criminal violation under current law is a reporting
offense, the law does not adequately provide for the confiscation
of smuggled currency. In contrast, if the smuggling of bulk cash
were itself an offense, the cash could be confiscated as the corpus
delicti of the smuggling offense.
(b) Purposes.--The purposes of this section are--
(1) to make the act of smuggling bulk cash itself a criminal
offense;
(2) to authorize forfeiture of any cash or instruments of the
smuggling offense; and
(3) to emphasize the seriousness of the act of bulk cash
smuggling.
(c) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of
chapter 53 of title 31, United States Code, is amended by adding at the
end the following:
``Sec. 5332. Bulk cash smuggling into or out of the United States
``(a) Criminal Offense.--
``(1) In general.--Whoever, with the intent to evade a currency
reporting requirement under section 5316, knowingly conceals more
than $10,000 in currency or other monetary instruments on the
person of such individual or in any conveyance, article of luggage,
merchandise, or other container, and transports or transfers or
attempts to transport or transfer such currency or monetary
instruments from a place within the United States to a place
outside of the United States, or from a place outside the United
States to a place within the United States, shall be guilty of a
currency smuggling offense and subject to punishment pursuant to
subsection (b).
``(2) Concealment on person.--For purposes of this section, the
concealment of currency on the person of any individual includes
concealment in any article of clothing worn by the individual or in
any luggage, backpack, or other container worn or carried by such
individual.
``(b) Penalty.--
``(1) Term of imprisonment.--A person convicted of a currency
smuggling offense under subsection (a), or a conspiracy to commit
such offense, shall be imprisoned for not more than 5 years.
``(2) Forfeiture.--In addition, the court, in imposing sentence
under paragraph (1), shall order that the defendant forfeit to the
United States, any property, real or personal, involved in the
offense, and any property traceable to such property, subject to
subsection (d) of this section.
``(3) Procedure.--The seizure, restraint, and forfeiture of
property under this section shall be governed by section 413 of the
Controlled Substances Act.
``(4) Personal money judgment.--If the property subject to
forfeiture under paragraph (2) is unavailable, and the defendant
has insufficient substitute property that may be forfeited pursuant
to section 413(p) of the Controlled Substances Act, the court shall
enter a personal money judgment against the defendant for the
amount that would be subject to forfeiture.
``(c) Civil Forfeiture.--
``(1) In general.--Any property involved in a violation of
subsection (a), or a conspiracy to commit such violation, and any
property traceable to such violation or conspiracy, may be seized
and, subject to subsection (d) of this section, forfeited to the
United States.
``(2) Procedure.--The seizure and forfeiture shall be governed
by the procedures governing civil forfeitures in money laundering
cases pursuant to section 981(a)(1)(A) of title 18, United States
Code.
``(3) Treatment of certain property as involved in the
offense.--For purposes of this subsection and subsection (b), any
currency or other monetary instrument that is concealed or intended
to be concealed in violation of subsection (a) or a conspiracy to
commit such violation, any article, container, or conveyance used,
or intended to be used, to conceal or transport the currency or
other monetary instrument, and any other property used, or intended
to be used, to facilitate the offense, shall be considered property
involved in the offense.''.
(c) Clerical Amendment.--The table of sections for subchapter II of
chapter 53 of title 31, United States Code, is amended by inserting
after the item relating to section 5331, as added by this Act, the
following new item:
``5332. Bulk cash smuggling into or out of the United States.''.
SEC. 372. FORFEITURE IN CURRENCY REPORTING CASES.
(a) In General.--Subsection (c) of section 5317 of title 31, United
States Code, is amended to read as follows:
``(c) Forfeiture.--
``(1) Criminal forfeiture.--
``(A) In general.--The court in imposing sentence for any
violation of section 5313, 5316, or 5324 of this title, or any
conspiracy to commit such violation, shall order the defendant
to forfeit all property, real or personal, involved in the
offense and any property traceable thereto.
``(B) Procedure.--Forfeitures under this paragraph shall be
governed by the procedures established in section 413 of the
Controlled Substances Act.
``(2) Civil forfeiture.--Any property involved in a violation
of section 5313, 5316, or 5324 of this title, or any conspiracy to
commit any such violation, and any property traceable to any such
violation or conspiracy, may be seized and forfeited to the United
States in accordance with the procedures governing civil
forfeitures in money laundering cases pursuant to section
981(a)(1)(A) of title 18, United States Code.''.
(b) Conforming Amendments.--
(1) Section 981(a)(1)(A) of title 18, United States Code, is
amended--
(A) by striking ``of section 5313(a) or 5324(a) of title
31, or''; and
(B) by striking ``However'' and all that follows through
the end of the subparagraph.
(2) Section 982(a)(1) of title 18, United States Code, is
amended--
(A) by striking ``of section 5313(a), 5316, or 5324 of
title 31, or''; and
(B) by striking ``However'' and all that follows through
the end of the paragraph.
SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) Scienter Requirement for Section 1960 Violation.--Section 1960
of title 18, United States Code, is amended to read as follows:
``Sec. 1960. Prohibition of unlicensed money transmitting businesses
``(a) Whoever knowingly conducts, controls, manages, supervises,
directs, or owns all or part of an unlicensed money transmitting
business, shall be fined in accordance with this title or imprisoned
not more than 5 years, or both.
``(b) As used in this section--
``(1) the term `unlicensed money transmitting business' means a
money transmitting business which affects interstate or foreign
commerce in any manner or degree and--
``(A) is operated without an appropriate money transmitting
license in a State where such operation is punishable as a
misdemeanor or a felony under State law, whether or not the
defendant knew that the operation was required to be licensed
or that the operation was so punishable;
``(B) fails to comply with the money transmitting business
registration requirements under section 5330 of title 31,
United States Code, or regulations prescribed under such
section; or
``(C) otherwise involves the transportation or transmission
of funds that are known to the defendant to have been derived
from a criminal offense or are intended to be used to be used
to promote or support unlawful activity;
``(2) the term `money transmitting' includes transferring funds
on behalf of the public by any and all means including but not
limited to transfers within this country or to locations abroad by
wire, check, draft, facsimile, or courier; and
``(3) the term `State' means any State of the United States,
the District of Columbia, the Northern Mariana Islands, and any
commonwealth, territory, or possession of the United States.''.
(b) Seizure of Illegally Transmitted Funds.--Section 981(a)(1)(A)
of title 18, United States Code, is amended by striking ``or 1957'' and
inserting ``, 1957 or 1960''.
(c) Clerical Amendment.--The table of sections for chapter 95 of
title 18, United States Code, is amended in the item relating to
section 1960 by striking ``illegal'' and inserting ``unlicensed''.
SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.
(a) Counterfeit Acts Committed Outside the United States.--Section
470 of title 18, United States Code, is amended--
(1) in paragraph (2), by inserting ``analog, digital, or
electronic image,'' after ``plate, stone,''; and
(2) by striking ``shall be fined under this title, imprisoned
not more than 20 years, or both'' and inserting ``shall be punished
as is provided for the like offense within the United States''.
(b) Obligations or securities of the United States.--Section 471 of
title 18, United States Code, is amended by striking ``fifteen years''
and inserting ``20 years''.
(c) Uttering Counterfeit Obligations or Securities.--Section 472 of
title 18, United States Code, is amended by striking ``fifteen years''
and inserting ``20 years''.
(d) Dealing in Counterfeit Obligations or Securities.--Section 473
of title 18, United States Code, is amended by striking ``ten years''
and inserting ``20 years''.
(e) Plates, Stones, or Analog, Digital, or Electronic Images For
Counterfeiting Obligations or Securities.--
(1) In general.--Section 474(a) of title 18, United States
Code, is amended by inserting after the second paragraph the
following new paragraph:
``Whoever, with intent to defraud, makes, executes, acquires,
scans, captures, records, receives, transmits, reproduces, sells, or
has in such person's control, custody, or possession, an analog,
digital, or electronic image of any obligation or other security of the
United States; or''.
(2) Amendment to definition.--Section 474(b) of title 18,
United States Code, is amended by striking the first sentence and
inserting the following new sentence: ``For purposes of this
section, the term `analog, digital, or electronic image' includes
any analog, digital, or electronic method used for the making,
execution, acquisition, scanning, capturing, recording, retrieval,
transmission, or reproduction of any obligation or security, unless
such use is authorized by the Secretary of the Treasury.''.
(3) Technical and conforming amendment.--The heading for
section 474 of title 18, United States Code, is amended by striking
``or stones'' and inserting ``, stones, or analog, digital, or
electronic images''.
(4) Clerical amendment.--The table of sections for chapter 25
of title 18, United States Code, is amended in the item relating to
section 474 by striking ``or stones'' and inserting ``, stones, or
analog, digital, or electronic images''.
(f) Taking Impressions of Tools Used for Obligations or
Securities.--Section 476 of title 18, United States Code, is amended--
(1) by inserting ``analog, digital, or electronic image,''
after ``impression, stamp,''; and
(2) by striking ``ten years'' and inserting ``25 years''.
(g) Possessing or Selling Impressions of Tools Used for Obligations
or Securities.--Section 477 of title 18, United States Code, is
amended--
(1) in the first paragraph, by inserting ``analog, digital, or
electronic image,'' after ``imprint, stamp,'';
(2) in the second paragraph, by inserting ``analog, digital, or
electronic image,'' after ``imprint, stamp,''; and
(3) in the third paragraph, by striking ``ten years'' and
inserting ``25 years''.
(h) Connecting Parts of Different Notes.--Section 484 of title 18,
United States Code, is amended by striking ``five years'' and inserting
``10 years''.
(i) Bonds and Obligations of Certain Lending Agencies.--The first
and second paragraphs of section 493 of title 18, United States Code,
are each amended by striking ``five years'' and inserting ``10 years''.
SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.
(a) Foreign Obligations or Securities.--Section 478 of title 18,
United States Code, is amended by striking ``five years'' and inserting
``20 years''.
(b) Uttering Counterfeit Foreign Obligations or Securities.--
Section 479 of title 18, United States Code, is amended by striking
``three years'' and inserting ``20 years''.
(c) Possessing Counterfeit Foreign Obligations or Securities.--
Section 480 of title 18, United States Code, is amended by striking
``one year'' and inserting ``20 years''.
(d) Plates, Stones, or Analog, Digital, or Electronic Images for
Counterfeiting Foreign Obligations or Securities.--
(1) In general.--Section 481 of title 18, United States Code,
is amended by inserting after the second paragraph the following
new paragraph:
``Whoever, with intent to defraud, makes, executes, acquires,
scans, captures, records, receives, transmits, reproduces, sells, or
has in such person's control, custody, or possession, an analog,
digital, or electronic image of any bond, certificate, obligation, or
other security of any foreign government, or of any treasury note,
bill, or promise to pay, lawfully issued by such foreign government and
intended to circulate as money; or''.
(2) Increased sentence.--The last paragraph of section 481 of
title 18, United States Code, is amended by striking ``five years''
and inserting ``25 years''.
(3) Technical and conforming amendment.--The heading for
section 481 of title 18, United States Code, is amended by striking
``or stones'' and inserting ``, stones, or analog, digital, or
electronic images''.
(4) Clerical amendment.--The table of sections for chapter 25
of title 18, United States Code, is amended in the item relating to
section 481 by striking ``or stones'' and inserting ``, stones, or
analog, digital, or electronic images''.
(e) Foreign Bank Notes.--Section 482 of title 18, United States
Code, is amended by striking ``two years'' and inserting ``20 years''.
(f) Uttering Counterfeit Foreign Bank Notes.--Section 483 of title
18, United States Code, is amended by striking ``one year'' and
inserting ``20 years''.
SEC. 376. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ``or 2339B'' after ``2339A''.
SEC. 377. EXTRATERRITORIAL JURISDICTION.
Section 1029 of title 18, United States Code, is amended by adding
at the end the following:
``(h) Any person who, outside the jurisdiction of the United
States, engages in any act that, if committed within the jurisdiction
of the United States, would constitute an offense under subsection (a)
or (b) of this section, shall be subject to the fines, penalties,
imprisonment, and forfeiture provided in this title if--
``(1) the offense involves an access device issued, owned,
managed, or controlled by a financial institution, account issuer,
credit card system member, or other entity within the jurisdiction
of the United States; and
``(2) the person transports, delivers, conveys, transfers to or
through, or otherwise stores, secrets, or holds within the
jurisdiction of the United States, any article used to assist in
the commission of the offense or the proceeds of such offense or
property derived therefrom.''.
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern Border
SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN BORDER.
The Attorney General is authorized to waive any FTE cap on
personnel assigned to the Immigration and Naturalization Service on the
Northern border.
SEC. 402. NORTHERN BORDER PERSONNEL.
There are authorized to be appropriated--
(1) such sums as may be necessary to triple the number of
Border Patrol personnel (from the number authorized under current
law), and the necessary personnel and facilities to support such
personnel, in each State along the Northern Border;
(2) such sums as may be necessary to triple the number of
Customs Service personnel (from the number authorized under current
law), and the necessary personnel and facilities to support such
personnel, at ports of entry in each State along the Northern
Border;
(3) such sums as may be necessary to triple the number of INS
inspectors (from the number authorized on the date of the enactment
of this Act), and the necessary personnel and facilities to support
such personnel, at ports of entry in each State along the Northern
Border; and
(4) an additional $50,000,000 each to the Immigration and
Naturalization Service and the United States Customs Service for
purposes of making improvements in technology for monitoring the
Northern Border and acquiring additional equipment at the Northern
Border.
SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN
IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS
OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE
UNITED STATES.
(a) Amendment of the Immigration and Nationality Act.--Section 105
of the Immigration and Nationality Act (8 U.S.C. 1105) is amended--
(1) in the section heading, by inserting ``; data exchange''
after ``security officers'';
(2) by inserting ``(a)'' after ``Sec. 105.'';
(3) in subsection (a), by inserting ``and border'' after
``internal'' the second place it appears; and
(4) by adding at the end the following:
``(b)(1) The Attorney General and the Director of the Federal
Bureau of Investigation shall provide the Department of State and the
Service access to the criminal history record information contained in
the National Crime Information Center's Interstate Identification Index
(NCIC-III), Wanted Persons File, and to any other files maintained by
the National Crime Information Center that may be mutually agreed upon
by the Attorney General and the agency receiving the access, for the
purpose of determining whether or not a visa applicant or applicant for
admission has a criminal history record indexed in any such file.
``(2) Such access shall be provided by means of extracts of the
records for placement in the automated visa lookout or other
appropriate database, and shall be provided without any fee or charge.
``(3) The Federal Bureau of Investigation shall provide periodic
updates of the extracts at intervals mutually agreed upon with the
agency receiving the access. Upon receipt of such updated extracts, the
receiving agency shall make corresponding updates to its database and
destroy previously provided extracts.
``(4) Access to an extract does not entitle the Department of State
to obtain the full content of the corresponding automated criminal
history record. To obtain the full content of a criminal history
record, the Department of State shall submit the applicant's
fingerprints and any appropriate fingerprint processing fee authorized
by law to the Criminal Justice Information Services Division of the
Federal Bureau of Investigation.
``(c) The provision of the extracts described in subsection (b) may
be reconsidered by the Attorney General and the receiving agency upon
the development and deployment of a more cost-effective and efficient
means of sharing the information.
``(d) For purposes of administering this section, the Department of
State shall, prior to receiving access to NCIC data but not later than
4 months after the date of enactment of this subsection, promulgate
final regulations--
``(1) to implement procedures for the taking of fingerprints;
and
``(2) to establish the conditions for the use of the
information received from the Federal Bureau of Investigation, in
order--
``(A) to limit the redissemination of such information;
``(B) to ensure that such information is used solely to
determine whether or not to issue a visa to an alien or to
admit an alien to the United States;
``(C) to ensure the security, confidentiality, and
destruction of such information; and
``(D) to protect any privacy rights of individuals who are
subjects of such information.''.
(b) Reporting Requirement.--Not later than 2 years after the date
of enactment of this Act, the Attorney General and the Secretary of
State jointly shall report to Congress on the implementation of the
amendments made by this section.
(c) Technology Standard to Confirm Identity.--
(1) In General.--The Attorney General and the Secretary of
State jointly, through the National Institute of Standards and
Technology (NIST), and in consultation with the Secretary of the
Treasury and other Federal law enforcement and intelligence
agencies the Attorney General or Secretary of State deems
appropriate and in consultation with Congress, shall within 2 years
after the date of the enactment of this section, develop and
certify a technology standard that can be used to verify the
identity of persons applying for a United States visa or such
persons seeking to enter the United States pursuant to a visa for
the purposes of conducting background checks, confirming identity,
and ensuring that a person has not received a visa under a
different name or such person seeking to enter the United States
pursuant to a visa.
(2) Integrated.--The technology standard developed pursuant to
paragraph (1), shall be the technological basis for a cross-agency,
cross-platform electronic system that is a cost-effective,
efficient, fully integrated means to share law enforcement and
intelligence information necessary to confirm the identity of such
persons applying for a United States visa or such person seeking to
enter the United States pursuant to a visa.
(3) Accessible.--The electronic system described in paragraph
(2), once implemented, shall be readily and easily accessible to--
(A) all consular officers responsible for the issuance of
visas;
(B) all Federal inspection agents at all United States
border inspection points; and
(C) all law enforcement and intelligence officers as
determined by regulation to be responsible for investigation or
identification of aliens admitted to the United States pursuant
to a visa.
(4) Report.--Not later than 18 months after the date of the
enactment of this Act, and every 2 years thereafter, the Attorney
General and the Secretary of State shall jointly, in consultation
with the Secretary of Treasury, report to Congress describing the
development, implementation, efficacy, and privacy implications of
the technology standard and electronic database system described in
this subsection.
(5) Funding.--There is authorized to be appropriated to the
Secretary of State, the Attorney General, and the Director of the
National Institute of Standards and Technology such sums as may be
necessary to carry out the provisions of this subsection.
(d) Statutory Construction.--Nothing in this section, or in any
other law, shall be construed to limit the authority of the Attorney
General or the Director of the Federal Bureau of Investigation to
provide access to the criminal history record information contained in
the National Crime Information Center's (NCIC) Interstate
Identification Index (NCIC-III), or to any other information maintained
by the NCIC, to any Federal agency or officer authorized to enforce or
administer the immigration laws of the United States, for the purpose
of such enforcement or administration, upon terms that are consistent
with the National Crime Prevention and Privacy Compact Act of 1998
(subtitle A of title II of Public Law 105-251; 42 U.S.C. 14611-16) and
section 552a of title 5, United States Code.
SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.
The matter under the headings ``Immigration And Naturalization
Service: Salaries and Expenses, Enforcement And Border Affairs'' and
``Immigration And Naturalization Service: Salaries and Expenses,
Citizenship And Benefits, Immigration And Program Direction'' in the
Department of Justice Appropriations Act, 2001 (as enacted into law by
Appendix B (H.R. 5548) of Public Law 106-553 (114 Stat. 2762A-58 to
2762A-59)) is amended by striking the following each place it occurs:
``Provided, That none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee overtime
pay in an amount in excess of $30,000 during the calendar year
beginning January 1, 2001:''.
SEC. 405. REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM FOR PORTS OF ENTRY AND OVERSEAS CONSULAR POSTS.
(a) In General.--The Attorney General, in consultation with the
appropriate heads of other Federal agencies, including the Secretary of
State, Secretary of the Treasury, and the Secretary of Transportation,
shall report to Congress on the feasibility of enhancing the Integrated
Automated Fingerprint Identification System (IAFIS) of the Federal
Bureau of Investigation and other identification systems in order to
better identify a person who holds a foreign passport or a visa and may
be wanted in connection with a criminal investigation in the United
States or abroad, before the issuance of a visa to that person or the
entry or exit from the United States by that person.
(b) Authorization of Appropriations.--There is authorized to be
appropriated not less than $2,000,000 to carry out this section.
Subtitle B--Enhanced Immigration Provisions
SEC. 411. DEFINITIONS RELATING TO TERRORISM.
(a) Grounds of Inadmissibility.--Section 212(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by amending subclause (IV) to read as follows:
``(IV) is a representative (as defined in clause
(v)) of--
``(aa) a foreign terrorist organization, as
designated by the Secretary of State under section
219, or
``(bb) a political, social or other similar
group whose public endorsement of acts of terrorist
activity the Secretary of State has determined
undermines United States efforts to reduce or
eliminate terrorist activities,'';
(ii) in subclause (V), by inserting ``or'' after
``section 219,''; and
(iii) by adding at the end the following new
subclauses:
``(VI) has used the alien's position of prominence
within any country to endorse or espouse terrorist
activity, or to persuade others to support terrorist
activity or a terrorist organization, in a way that the
Secretary of State has determined undermines United
States efforts to reduce or eliminate terrorist
activities, or
``(VII) is the spouse or child of an alien who is
inadmissible under this section, if the activity
causing the alien to be found inadmissible occurred
within the last 5 years,'';
(B) by redesignating clauses (ii), (iii), and (iv) as
clauses (iii), (iv), and (v), respectively;
(C) in clause (i)(II), by striking ``clause (iii)'' and
inserting ``clause (iv)'';
(D) by inserting after clause (i) the following:
``(ii) Exception.--Subclause (VII) of clause (i) does
not apply to a spouse or child--
``(I) who did not know or should not reasonably
have known of the activity causing the alien to be
found inadmissible under this section; or
``(II) whom the consular officer or Attorney
General has reasonable grounds to believe has renounced
the activity causing the alien to be found inadmissible
under this section.'';
(E) in clause (iii) (as redesignated by subparagraph (B))--
(i) by inserting ``it had been'' before ``committed in
the United States''; and
(ii) in subclause (V)(b), by striking ``or firearm''
and inserting ``, firearm, or other weapon or dangerous
device'';
(F) by amending clause (iv) (as redesignated by
subparagraph (B)) to read as follows:
``(iv) Engage in terrorist activity defined.--As used
in this chapter, the term `engage in terrorist activity'
means, in an individual capacity or as a member of an
organization--
``(I) to commit or to incite to commit, under
circumstances indicating an intention to cause death or
serious bodily injury, a terrorist activity;
``(II) to prepare or plan a terrorist activity;
``(III) to gather information on potential targets
for terrorist activity;
``(IV) to solicit funds or other things of value
for--
``(aa) a terrorist activity;
``(bb) a terrorist organization described in
clause (vi)(I) or (vi)(II); or
``(cc) a terrorist organization described in
clause (vi)(III), unless the solicitor can
demonstrate that he did not know, and should not
reasonably have known, that the solicitation would
further the organization's terrorist activity;
``(V) to solicit any individual--
``(aa) to engage in conduct otherwise described
in this clause;
``(bb) for membership in a terrorist
organization described in clause (vi)(I) or
(vi)(II); or
``(cc) for membership in a terrorist
organization described in clause (vi)(III), unless
the solicitor can demonstrate that he did not know,
and should not reasonably have known, that the
solicitation would further the organization's
terrorist activity; or
``(VI) to commit an act that the actor knows, or
reasonably should know, affords material support,
including a safe house, transportation, communications,
funds, transfer of funds or other material financial
benefit, false documentation or identification, weapons
(including chemical, biological, or radiological
weapons), explosives, or training--
``(aa) for the commission of a terrorist
activity;
``(bb) to any individual who the actor knows,
or reasonably should know, has committed or plans
to commit a terrorist activity;
``(cc) to a terrorist organization described in
clause (vi)(I) or (vi)(II); or
``(dd) to a terrorist organization described in
clause (vi)(III), unless the actor can demonstrate
that he did not know, and should not reasonably
have known, that the act would further the
organization's terrorist activity.
This clause shall not apply to any material support the
alien afforded to an organization or individual that
has committed terrorist activity, if the Secretary of
State, after consultation with the Attorney General, or
the Attorney General, after consultation with the
Secretary of State, concludes in his sole unreviewable
discretion, that this clause should not apply.''; and
(G) by adding at the end the following new clause:
``(vi) Terrorist organization defined.--As used in
clause (i)(VI) and clause (iv), the term `terrorist
organization' means an organization--
``(I) designated under section 219;
``(II) otherwise designated, upon publication in
the Federal Register, by the Secretary of State in
consultation with or upon the request of the Attorney
General, as a terrorist organization, after finding
that the organization engages in the activities
described in subclause (I), (II), or (III) of clause
(iv), or that the organization provides material
support to further terrorist activity; or
``(III) that is a group of two or more individuals,
whether organized or not, which engages in the
activities described in subclause (I), (II), or (III)
of clause (iv).''; and
(2) by adding at the end the following new subparagraph:
``(F) Association with terrorist organizations.--Any alien
who the Secretary of State, after consultation with the
Attorney General, or the Attorney General, after consultation
with the Secretary of State, determines has been associated
with a terrorist organization and intends while in the United
States to engage solely, principally, or incidentally in
activities that could endanger the welfare, safety, or security
of the United States is inadmissible.''.
(b) Conforming Amendments.--
(1) Section 237(a)(4)(B) of the Immigration and Nationality Act
(8 U.S.C. 1227(a)(4)(B)) is amended by striking ``section
212(a)(3)(B)(iii)'' and inserting ``section 212(a)(3)(B)(iv)''.
(2) Section 208(b)(2)(A)(v) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking ``or (IV)''
and inserting ``(IV), or (VI)''.
(c) Retroactive Application of Amendments.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall take effect
on the date of the enactment of this Act and shall apply to--
(A) actions taken by an alien before, on, or after such
date; and
(B) all aliens, without regard to the date of entry or
attempted entry into the United States--
(i) in removal proceedings on or after such date
(except for proceedings in which there has been a final
administrative decision before such date); or
(ii) seeking admission to the United States on or after
such date.
(2) Special rule for aliens in exclusion or deportation
proceedings.--Notwithstanding any other provision of law, sections
212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality
Act, as amended by this Act, shall apply to all aliens in exclusion
or deportation proceedings on or after the date of the enactment of
this Act (except for proceedings in which there has been a final
administrative decision before such date) as if such proceedings
were removal proceedings.
(3) Special rule for section 219 organizations and
organizations designated under section 212(a)(3)(B)(vi)(II).--
(A) In general.--Notwithstanding paragraphs (1) and (2), no
alien shall be considered inadmissible under section 212(a)(3)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)),
or deportable under section 237(a)(4)(B) of such Act (8 U.S.C.
1227(a)(4)(B)), by reason of the amendments made by subsection
(a), on the ground that the alien engaged in a terrorist
activity described in subclause (IV)(bb), (V)(bb), or (VI)(cc)
of section 212(a)(3)(B)(iv) of such Act (as so amended) with
respect to a group at any time when the group was not a
terrorist organization designated by the Secretary of State
under section 219 of such Act (8 U.S.C. 1189) or otherwise
designated under section 212(a)(3)(B)(vi)(II) of such Act (as
so amended).
(B) Statutory construction.--Subparagraph (A) shall not be
construed to prevent an alien from being considered
inadmissible or deportable for having engaged in a terrorist
activity--
(i) described in subclause (IV)(bb), (V)(bb), or
(VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a terrorist organization at any
time when such organization was designated by the Secretary
of State under section 219 of such Act or otherwise
designated under section 212(a)(3)(B)(vi)(II) of such Act
(as so amended); or
(ii) described in subclause (IV)(cc), (V)(cc), or
(VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a terrorist organization described
in section 212(a)(3)(B)(vi)(III) of such Act (as so
amended).
(4) Exception.--The Secretary of State, in consultation with
the Attorney General, may determine that the amendments made by
this section shall not apply with respect to actions by an alien
taken outside the United States before the date of the enactment of
this Act upon the recommendation of a consular officer who has
concluded that there is not reasonable ground to believe that the
alien knew or reasonably should have known that the actions would
further a terrorist activity.
(c) Designation of Foreign Terrorist Organizations.--Section 219(a)
of the Immigration and Nationality Act (8 U.S.C. 1189(a)) is amended--
(1) in paragraph (1)(B), by inserting ``or terrorism (as
defined in section 140(d)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or retains
the capability and intent to engage in terrorist activity or
terrorism'' after ``212(a)(3)(B)'';
(2) in paragraph (1)(C), by inserting ``or terrorism'' after
``terrorist activity'';
(3) by amending paragraph (2)(A) to read as follows:
``(A) Notice.--
``(i) To congressional leaders.--Seven days before
making a designation under this subsection, the Secretary
shall, by classified communication, notify the Speaker and
Minority Leader of the House of Representatives, the
President pro tempore, Majority Leader, and Minority Leader
of the Senate, and the members of the relevant committees
of the House of Representatives and the Senate, in writing,
of the intent to designate an organization under this
subsection, together with the findings made under paragraph
(1) with respect to that organization, and the factual
basis therefor.
``(ii) Publication in federal register.--The Secretary
shall publish the designation in the Federal Register seven
days after providing the notification under clause (i).'';
(4) in paragraph (2)(B)(i), by striking ``subparagraph (A)''
and inserting ``subparagraph (A)(ii)'';
(5) in paragraph (2)(C), by striking ``paragraph (2)'' and
inserting ``paragraph (2)(A)(i)'';
(6) in paragraph (3)(B), by striking ``subsection (c)'' and
inserting ``subsection (b)'';
(7) in paragraph (4)(B), by inserting after the first sentence
the following: ``The Secretary also may redesignate such
organization at the end of any 2-year redesignation period (but not
sooner than 60 days prior to the termination of such period) for an
additional 2-year period upon a finding that the relevant
circumstances described in paragraph (1) still exist. Any
redesignation shall be effective immediately following the end of
the prior 2-year designation or redesignation period unless a
different effective date is provided in such redesignation.'';
(8) in paragraph (6)(A)--
(A) by inserting ``or a redesignation made under paragraph
(4)(B)'' after ``paragraph (1)'';
(B) in clause (i)--
(i) by inserting ``or redesignation'' after
``designation'' the first place it appears; and
(ii) by striking ``of the designation''; and
(C) in clause (ii), by striking ``of the designation'';
(9) in paragraph (6)(B)--
(A) by striking ``through (4)'' and inserting ``and (3)'';
and
(B) by inserting at the end the following new sentence:
``Any revocation shall take effect on the date specified in the
revocation or upon publication in the Federal Register if no
effective date is specified.'';
(10) in paragraph (7), by inserting ``, or the revocation of a
redesignation under paragraph (6),'' after ``paragraph (5) or
(6)''; and
(11) in paragraph (8)--
(A) by striking ``paragraph (1)(B)'' and inserting
``paragraph (2)(B), or if a redesignation under this subsection
has become effective under paragraph (4)(B)'';
(B) by inserting ``or an alien in a removal proceeding''
after ``criminal action''; and
(C) by inserting ``or redesignation'' before ``as a
defense''.
SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS;
JUDICIAL REVIEW.
(a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended by inserting after section 236 the following:
``MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS;
JUDICIAL REVIEW
``Sec. 236A. (a) Detention of Terrorist Aliens.--
``(1) Custody.--The Attorney General shall take into custody
any alien who is certified under paragraph (3).
``(2) Release.--Except as provided in paragraphs (5) and (6),
the Attorney General shall maintain custody of such an alien until
the alien is removed from the United States. Except as provided in
paragraph (6), such custody shall be maintained irrespective of any
relief from removal for which the alien may be eligible, or any
relief from removal granted the alien, until the Attorney General
determines that the alien is no longer an alien who may be
certified under paragraph (3). If the alien is finally determined
not to be removable, detention pursuant to this subsection shall
terminate.
``(3) Certification.--The Attorney General may certify an alien
under this paragraph if the Attorney General has reasonable grounds
to believe that the alien--
``(A) is described in section 212(a)(3)(A)(i),
212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or
``(B) is engaged in any other activity that endangers the
national security of the United States.
``(4) Nondelegation.--The Attorney General may delegate the
authority provided under paragraph (3) only to the Deputy Attorney
General. The Deputy Attorney General may not delegate such
authority.
``(5) Commencement of proceedings.--The Attorney General shall
place an alien detained under paragraph (1) in removal proceedings,
or shall charge the alien with a criminal offense, not later than 7
days after the commencement of such detention. If the requirement
of the preceding sentence is not satisfied, the Attorney General
shall release the alien.
``(6) Limitation on indefinite detention.--An alien detained
solely under paragraph (1) who has not been removed under section
241(a)(1)(A), and whose removal is unlikely in the reasonably
foreseeable future, may be detained for additional periods of up to
six months only if the release of the alien will threaten the
national security of the United States or the safety of the
community or any person.
``(7) Review of certification.--The Attorney General shall
review the certification made under paragraph (3) every 6 months.
If the Attorney General determines, in the Attorney General's
discretion, that the certification should be revoked, the alien may
be released on such conditions as the Attorney General deems
appropriate, unless such release is otherwise prohibited by law.
The alien may request each 6 months in writing that the Attorney
General reconsider the certification and may submit documents or
other evidence in support of that request.
``(b) Habeas Corpus and Judicial Review.--
``(1) In general.--Judicial review of any action or decision
relating to this section (including judicial review of the merits
of a determination made under subsection (a)(3) or (a)(6)) is
available exclusively in habeas corpus proceedings consistent with
this subsection. Except as provided in the preceding sentence, no
court shall have jurisdiction to review, by habeas corpus petition
or otherwise, any such action or decision.
``(2) Application.--
``(A) In general.--Notwithstanding any other provision of
law, including section 2241(a) of title 28, United States Code,
habeas corpus proceedings described in paragraph (1) may be
initiated only by an application filed with--
``(i) the Supreme Court;
``(ii) any justice of the Supreme Court;
``(iii) any circuit judge of the United States Court of
Appeals for the District of Columbia Circuit; or
``(iv) any district court otherwise having jurisdiction
to entertain it.
``(B) Application transfer.--Section 2241(b) of title 28,
United States Code, shall apply to an application for a writ of
habeas corpus described in subparagraph (A).
``(3) Appeals.--Notwithstanding any other provision of law,
including section 2253 of title 28, in habeas corpus proceedings
described in paragraph (1) before a circuit or district judge, the
final order shall be subject to review, on appeal, by the United
States Court of Appeals for the District of Columbia Circuit. There
shall be no right of appeal in such proceedings to any other
circuit court of appeals.
``(4) Rule of decision.--The law applied by the Supreme Court
and the United States Court of Appeals for the District of Columbia
Circuit shall be regarded as the rule of decision in habeas corpus
proceedings described in paragraph (1).
``(c) Statutory Construction.--The provisions of this section shall
not be applicable to any other provision of this Act.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item relating to
section 236 the following:
``Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus;
judicial review.''.
(c) Reports.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the Attorney
General shall submit a report to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate, with respect to the reporting period, on--
(1) the number of aliens certified under section 236A(a)(3) of
the Immigration and Nationality Act, as added by subsection (a);
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so certified;
and
(5) the number of aliens so certified who--
(A) were granted any form of relief from removal;
(B) were removed;
(C) the Attorney General has determined are no longer
aliens who may be so certified; or
(D) were released from detention.
SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.
Section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) is amended--
(1) by striking ``except that in the discretion of'' and
inserting the following: ``except that--
``(1) in the discretion of''; and
(2) by adding at the end the following:
``(2) the Secretary of State, in the Secretary's discretion and
on the basis of reciprocity, may provide to a foreign government
information in the Department of State's computerized visa lookout
database and, when necessary and appropriate, other records covered
by this section related to information in the database--
``(A) with regard to individual aliens, at any time on a
case-by-case basis for the purpose of preventing,
investigating, or punishing acts that would constitute a crime
in the United States, including, but not limited to, terrorism
or trafficking in controlled substances, persons, or illicit
weapons; or
``(B) with regard to any or all aliens in the database,
pursuant to such conditions as the Secretary of State shall
establish in an agreement with the foreign government in which
that government agrees to use such information and records for
the purposes described in subparagraph (A) or to deny visas to
persons who would be inadmissible to the United States.''.
SEC. 414. VISA INTEGRITY AND SECURITY.
(a) Sense of Congress Regarding the Need To Expedite Implementation
of Integrated Entry and Exit Data System.--
(1) Sense of congress.--In light of the terrorist attacks
perpetrated against the United States on September 11, 2001, it is
the sense of the Congress that--
(A) the Attorney General, in consultation with the
Secretary of State, should fully implement the integrated entry
and exit data system for airports, seaports, and land border
ports of entry, as specified in section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1365a), with all deliberate speed and as expeditiously
as practicable; and
(B) the Attorney General, in consultation with the
Secretary of State, the Secretary of Commerce, the Secretary of
the Treasury, and the Office of Homeland Security, should
immediately begin establishing the Integrated Entry and Exit
Data System Task Force, as described in section 3 of the
Immigration and Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106-215).
(2) Authorization of appropriations.--There is authorized to be
appropriated such sums as may be necessary to fully implement the
system described in paragraph (1)(A).
(b) Development of the System.--In the development of the
integrated entry and exit data system under section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1365a), the Attorney General and the Secretary of State shall
particularly focus on--
(1) the utilization of biometric technology; and
(2) the development of tamper-resistant documents readable at
ports of entry.
(c) Interface With Law Enforcement Databases.--The entry and exit
data system described in this section shall be able to interface with
law enforcement databases for use by Federal law enforcement to
identify and detain individuals who pose a threat to the national
security of the United States.
(d) Report on Screening Information.--Not later than 12 months
after the date of enactment of this Act, the Office of Homeland
Security shall submit a report to Congress on the information that is
needed from any United States agency to effectively screen visa
applicants and applicants for admission to the United States to
identify those affiliated with terrorist organizations or those that
pose any threat to the safety or security of the United States,
including the type of information currently received by United States
agencies and the regularity with which such information is transmitted
to the Secretary of State and the Attorney General.
SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON ENTRY-EXIT
TASK FORCE.
Section 3 of the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106-215) is amended by
striking ``and the Secretary of the Treasury,'' and inserting ``the
Secretary of the Treasury, and the Office of Homeland Security''.
SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.
(a) Full Implementation and Expansion of Foreign Student Visa
Monitoring Program Required.--The Attorney General, in consultation
with the Secretary of State, shall fully implement and expand the
program established by section 641(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
(b) Integration With Port of Entry Information.--For each alien
with respect to whom information is collected under section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372), the Attorney General, in consultation with the Secretary
of State, shall include information on the date of entry and port of
entry.
(c) Expansion of System To Include Other Approved Educational
Institutions.--Section 641 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C.1372) is amended--
(1) in subsection (a)(1), subsection (c)(4)(A), and subsection
(d)(1) (in the text above subparagraph (A)), by inserting ``, other
approved educational institutions,'' after ``higher education''
each place it appears;
(2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by
inserting ``, or other approved educational institution,'' after
``higher education'' each place it appears;
(3) in subsections (d)(2), (e)(1), and (e)(2), by inserting ``,
other approved educational institution,'' after ``higher
education'' each place it appears; and
(4) in subsection (h), by adding at the end the following new
paragraph:
``(3) Other approved educational institution.--The term `other
approved educational institution' includes any air flight school,
language training school, or vocational school, approved by the
Attorney General, in consultation with the Secretary of Education
and the Secretary of State, under subparagraph (F), (J), or (M) of
section 101(a)(15) of the Immigration and Nationality Act.''.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Justice $36,800,000 for the period
beginning on the date of enactment of this Act and ending on January 1,
2003, to fully implement and expand prior to January 1, 2003, the
program established by section 641(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
SEC. 417. MACHINE READABLE PASSPORTS.
(a) Audits.--The Secretary of State shall, each fiscal year until
September 30, 2007--
(1) perform annual audits of the implementation of section
217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(B));
(2) check for the implementation of precautionary measures to
prevent the counterfeiting and theft of passports; and
(3) ascertain that countries designated under the visa waiver
program have established a program to develop tamper-resistant
passports.
(b) Periodic Reports.--Beginning one year after the date of
enactment of this Act, and every year thereafter until 2007, the
Secretary of State shall submit a report to Congress setting forth the
findings of the most recent audit conducted under subsection (a)(1).
(c) Advancing Deadline for Satisfaction of Requirement.--Section
217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3))
is amended by striking ``2007'' and inserting ``2003''.
(d) Waiver.--Section 217(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1187(a)(3)) is amended--
(1) by striking ``On or after'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
on or after''; and
(2) by adding at the end the following:
``(B) Limited waiver authority.--For the period beginning
October 1, 2003, and ending September 30, 2007, the Secretary
of State may waive the requirement of subparagraph (A) with
respect to nationals of a program country (as designated under
subsection (c)), if the Secretary of State finds that the
program country--
``(i) is making progress toward ensuring that passports
meeting the requirement of subparagraph (A) are generally
available to its nationals; and
``(ii) has taken appropriate measures to protect
against misuse of passports the country has issued that do
not meet the requirement of subparagraph (A).''.
SEC. 418. PREVENTION OF CONSULATE SHOPPING.
(a) Review.--The Secretary of State shall review how consular
officers issue visas to determine if consular shopping is a problem.
(b) Actions to be Taken.--If the Secretary of State determines
under subsection (a) that consular shopping is a problem, the Secretary
shall take steps to address the problem and shall submit a report to
Congress describing what action was taken.
Subtitle C--Preservation of Immigration Benefits for Victims of
Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) In General.--For purposes of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), the Attorney General may provide an alien
described in subsection (b) with the status of a special immigrant
under section 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the
alien--
(1) files with the Attorney General a petition under section
204 of such Act (8 U.S.C. 1154) for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant visa and is
otherwise admissible to the United States for permanent residence,
except in determining such admissibility, the grounds for
inadmissibility specified in section 212(a)(4) of such Act (8
U.S.C. 1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this subsection
if--
(A) the alien was the beneficiary of--
(i) a petition that was filed with the Attorney General
on or before September 11, 2001--
(I) under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) to classify the alien
as a family-sponsored immigrant under section 203(a) of
such Act (8 U.S.C. 1153(a)) or as an employment-based
immigrant under section 203(b) of such Act (8 U.S.C.
1153(b)); or
(II) under section 214(d) (8 U.S.C. 1184(d)) of
such Act to authorize the issuance of a nonimmigrant
visa to the alien under section 101(a)(15)(K) of such
Act (8 U.S.C. 1101(a)(15)(K)); or
(ii) an application for labor certification under
section 212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A))
that was filed under regulations of the Secretary of Labor
on or before such date; and
(B) such petition or application was revoked or terminated
(or otherwise rendered null), either before or after its
approval, due to a specified terrorist activity that directly
resulted in--
(i) the death or disability of the petitioner,
applicant, or alien beneficiary; or
(ii) loss of employment due to physical damage to, or
destruction of, the business of the petitioner or
applicant.
(2) Spouses and children.--
(A) In general.--An alien is described in this subsection
if--
(i) the alien was, on September 10, 2001, the spouse or
child of a principal alien described in paragraph (1); and
(ii) the alien--
(I) is accompanying such principal alien; or
(II) is following to join such principal alien not
later than September 11, 2003.
(B) Construction.--For purposes of construing the terms
``accompanying'' and ``following to join'' in subparagraph
(A)(ii), any death of a principal alien that is described in
paragraph (1)(B)(i) shall be disregarded.
(3) Grandparents of orphans.--An alien is described in this
subsection if the alien is a grandparent of a child, both of whose
parents died as a direct result of a specified terrorist activity,
if either of such deceased parents was, on September 10, 2001, a
citizen or national of the United States or an alien lawfully
admitted for permanent residence in the United States.
(c) Priority Date.--Immigrant visas made available under this
section shall be issued to aliens in the order in which a petition on
behalf of each such alien is filed with the Attorney General under
subsection (a)(1), except that if an alien was assigned a priority date
with respect to a petition described in subsection (b)(1)(A)(i), the
alien may maintain that priority date.
(d) Numerical Limitations.--For purposes of the application of
sections 201 through 203 of the Immigration and Nationality Act (8
U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided
status under this section shall be treated as special immigrants
described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who
are not described in subparagraph (A), (B), (C), or (K) of such
section.
SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) Automatic Extension of Nonimmigrant Status.--
(1) In general.--Notwithstanding section 214 of the Immigration
and Nationality Act (8 U.S.C. 1184), in the case of an alien
described in paragraph (2) who was lawfully present in the United
States as a nonimmigrant on September 10, 2001, the alien may
remain lawfully in the United States in the same nonimmigrant
status until the later of--
(A) the date such lawful nonimmigrant status otherwise
would have terminated if this subsection had not been enacted;
or
(B) 1 year after the death or onset of disability described
in paragraph (2).
(2) Aliens described.--
(A) Principal aliens.--An alien is described in this
paragraph if the alien was disabled as a direct result of a
specified terrorist activity.
(B) Spouses and children.--An alien is described in this
paragraph if the alien was, on September 10, 2001, the spouse
or child of--
(i) a principal alien described in subparagraph (A); or
(ii) an alien who died as a direct result of a
specified terrorist activity.
(3) Authorized employment.--During the period in which a
principal alien or alien spouse is in lawful nonimmigrant status
under paragraph (1), the alien shall be provided an ``employment
authorized'' endorsement or other appropriate document signifying
authorization of employment not later than 30 days after the alien
requests such authorization.
(b) New Deadlines for Extension or Change of Nonimmigrant Status.--
(1) Filing delays.--In the case of an alien who was lawfully
present in the United States as a nonimmigrant on September 10,
2001, if the alien was prevented from filing a timely application
for an extension or change of nonimmigrant status as a direct
result of a specified terrorist activity, the alien's application
shall be considered timely filed if it is filed not later than 60
days after it otherwise would have been due.
(2) Departure delays.--In the case of an alien who was lawfully
present in the United States as a nonimmigrant on September 10,
2001, if the alien is unable timely to depart the United States as
a direct result of a specified terrorist activity, the alien shall
not be considered to have been unlawfully present in the United
States during the period beginning on September 11, 2001, and
ending on the date of the alien's departure, if such departure
occurs on or before November 11, 2001.
(3) Special rule for aliens unable to return from abroad.--
(A) Principal aliens.--In the case of an alien who was in a
lawful nonimmigrant status on September 10, 2001, but who was
not present in the United States on such date, if the alien was
prevented from returning to the United States in order to file
a timely application for an extension of nonimmigrant status as
a direct result of a specified terrorist activity--
(i) the alien's application shall be considered timely
filed if it is filed not later than 60 days after it
otherwise would have been due; and
(ii) the alien's lawful nonimmigrant status shall be
considered to continue until the later of--
(I) the date such status otherwise would have
terminated if this subparagraph had not been enacted;
or
(II) the date that is 60 days after the date on
which the application described in clause (i) otherwise
would have been due.
(B) Spouses and children.--In the case of an alien who is
the spouse or child of a principal alien described in
subparagraph (A), if the spouse or child was in a lawful
nonimmigrant status on September 10, 2001, the spouse or child
may remain lawfully in the United States in the same
nonimmigrant status until the later of--
(i) the date such lawful nonimmigrant status otherwise
would have terminated if this subparagraph had not been
enacted; or
(ii) the date that is 60 days after the date on which
the application described in subparagraph (A) otherwise
would have been due.
(4) Circumstances preventing timely action.--
(A) Filing delays.--For purposes of paragraph (1),
circumstances preventing an alien from timely acting are--
(i) office closures;
(ii) mail or courier service cessations or delays; and
(iii) other closures, cessations, or delays affecting
case processing or travel necessary to satisfy legal
requirements.
(B) Departure and return delays.--For purposes of
paragraphs (2) and (3), circumstances preventing an alien from
timely acting are--
(i) office closures;
(ii) airline flight cessations or delays; and
(iii) other closures, cessations, or delays affecting
case processing or travel necessary to satisfy legal
requirements.
(c) Diversity Immigrants.--
(1) Waiver of fiscal year limitation.--Notwithstanding section
203(e)(2) of the Immigration and Nationality Act (8 U.S.C.
1153(e)(2)), an immigrant visa number issued to an alien under
section 203(c) of such Act for fiscal year 2001 may be used by the
alien during the period beginning on October 1, 2001, and ending on
April 1, 2002, if the alien establishes that the alien was
prevented from using it during fiscal year 2001 as a direct result
of a specified terrorist activity.
(2) Worldwide level.--In the case of an alien entering the
United States as a lawful permanent resident, or adjusting to that
status, under paragraph (1) or (3), the alien shall be counted as a
diversity immigrant for fiscal year 2001 for purposes of section
201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)),
unless the worldwide level under such section for such year has
been exceeded, in which case the alien shall be counted as a
diversity immigrant for fiscal year 2002.
(3) Treatment of family members of certain aliens.--In the case
of a principal alien issued an immigrant visa number under section
203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c))
for fiscal year 2001, if such principal alien died as a direct
result of a specified terrorist activity, the aliens who were, on
September 10, 2001, the spouse and children of such principal alien
shall, until June 30, 2002, if not otherwise entitled to an
immigrant status and the immediate issuance of a visa under
subsection (a), (b), or (c) of section 203 of such Act, be entitled
to the same status, and the same order of consideration, that would
have been provided to such alien spouse or child under section
203(d) of such Act as if the principal alien were not deceased and
as if the spouse or child's visa application had been adjudicated
by September 30, 2001.
(4) Circumstances preventing timely action.--For purposes of
paragraph (1), circumstances preventing an alien from using an
immigrant visa number during fiscal year 2001 are--
(A) office closures;
(B) mail or courier service cessations or delays;
(C) airline flight cessations or delays; and
(D) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
(d) Extension of Expiration of Immigrant Visas.--
(1) In general.--Notwithstanding the limitations under section
221(c) of the Immigration and Nationality Act (8 U.S.C. 1201(c)),
in the case of any immigrant visa issued to an alien that expires
or expired before December 31, 2001, if the alien was unable to
effect entry into the United States as a direct result of a
specified terrorist activity, then the period of validity of the
visa is extended until December 31, 2001, unless a longer period of
validity is otherwise provided under this subtitle.
(2) Circumstances preventing entry.--For purposes of this
subsection, circumstances preventing an alien from effecting entry
into the United States are--
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
(e) Grants of Parole Extended.--
(1) In general.--In the case of any parole granted by the
Attorney General under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a date on or
after September 11, 2001, if the alien beneficiary of the parole
was unable to return to the United States prior to the expiration
date as a direct result of a specified terrorist activity, the
parole is deemed extended for an additional 90 days.
(2) Circumstances preventing return.--For purposes of this
subsection, circumstances preventing an alien from timely returning
to the United States are--
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
(f) Voluntary Departure.--Notwithstanding section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c), if a period for
voluntary departure under such section expired during the period
beginning on September 11, 2001, and ending on October 11, 2001, such
voluntary departure period is deemed extended for an additional 30
days.
SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND
CHILDREN.
(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)), in the case of an alien who was the spouse of a
citizen of the United States at the time of the citizen's death and
was not legally separated from the citizen at the time of the
citizen's death, if the citizen died as a direct result of a
specified terrorist activity, the alien (and each child of the
alien) shall be considered, for purposes of section 201(b) of such
Act, to remain an immediate relative after the date of the
citizen's death, but only if the alien files a petition under
section 204(a)(1)(A)(ii) of such Act within 2 years after such date
and only until the date the alien remarries. For purposes of such
section 204(a)(1)(A)(ii), an alien granted relief under the
preceding sentence shall be considered an alien spouse described in
the second sentence of section 201(b)(2)(A)(i) of such Act.
(2) Children.--
(A) In general.--In the case of an alien who was the child
of a citizen of the United States at the time of the citizen's
death, if the citizen died as a direct result of a specified
terrorist activity, the alien shall be considered, for purposes
of section 201(b) of the Immigration and Nationality Act (8
U.S.C. 1151(b)), to remain an immediate relative after the date
of the citizen's death (regardless of changes in age or marital
status thereafter), but only if the alien files a petition
under subparagraph (B) within 2 years after such date.
(B) Petitions.--An alien described in subparagraph (A) may
file a petition with the Attorney General for classification of
the alien under section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of
such Act, such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(b) Spouses, Children, Unmarried Sons and Daughters of Lawful
Permanent Resident Aliens.--
(1) In general.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is included in
a petition for classification as a family-sponsored immigrant under
section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1153(a)(2)) that was filed by such alien before September 11, 2001,
shall be considered (if the spouse, child, son, or daughter has not
been admitted or approved for lawful permanent residence by such
date) a valid petitioner for preference status under such section
with the same priority date as that assigned prior to the death
described in paragraph (3)(A). No new petition shall be required to
be filed. Such spouse, child, son, or daughter may be eligible for
deferred action and work authorization.
(2) Self-petitions.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is not a
beneficiary of a petition for classification as a family-sponsored
immigrant under section 203(a)(2) of the Immigration and
Nationality Act may file a petition for such classification with
the Attorney General, if the spouse, child, son, or daughter was
present in the United States on September 11, 2001. Such spouse,
child, son, or daughter may be eligible for deferred action and
work authorization.
(3) Aliens described.--An alien is described in this paragraph
if the alien--
(A) died as a direct result of a specified terrorist
activity; and
(B) on the day of such death, was lawfully admitted for
permanent residence in the United States.
(c) Applications for Adjustment of Status by Surviving Spouses and
Children of Employment-Based Immigrants.--
(1) In general.--Any alien who was, on September 10, 2001, the
spouse or child of an alien described in paragraph (2), and who
applied for adjustment of status prior to the death described in
paragraph (2)(A), may have such application adjudicated as if such
death had not occurred.
(2) Aliens described.--An alien is described in this paragraph
if the alien--
(A) died as a direct result of a specified terrorist
activity; and
(B) on the day before such death, was--
(i) an alien lawfully admitted for permanent residence
in the United States by reason of having been allotted a
visa under section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status to that of
an alien described in clause (i), and admissible to the
United States for permanent residence.
(d) Waiver of Public Charge Grounds.--In determining the
admissibility of any alien accorded an immigration benefit under this
section, the grounds for inadmissibility specified in section 212(a)(4)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not
apply.
SEC. 424. ``AGE-OUT'' PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), in the case of an alien--
(1) whose 21st birthday occurs in September 2001, and who is
the beneficiary of a petition or application filed under such Act
on or before September 11, 2001, the alien shall be considered to
be a child for 90 days after the alien's 21st birthday for purposes
of adjudicating such petition or application; and
(2) whose 21st birthday occurs after September 2001, and who is
the beneficiary of a petition or application filed under such Act
on or before September 11, 2001, the alien shall be considered to
be a child for 45 days after the alien's 21st birthday for purposes
of adjudicating such petition or application.
SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or to ensure family
unity, may provide temporary administrative relief to any alien who--
(1) was lawfully present in the United States on September 10,
2001;
(2) was on such date the spouse, parent, or child of an
individual who died or was disabled as a direct result of a
specified terrorist activity; and
(3) is not otherwise entitled to relief under any other
provision of this subtitle.
SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.
(a) In General.--The Attorney General shall establish appropriate
standards for evidence demonstrating, for purposes of this subtitle,
that any of the following occurred as a direct result of a specified
terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage to, or
destruction of, a business.
(b) Waiver of Regulations.--The Attorney General shall carry out
subsection (a) as expeditiously as possible. The Attorney General is
not required to promulgate regulations prior to implementing this
subtitle.
SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF TERRORISTS.
Notwithstanding any other provision of this subtitle, nothing in
this subtitle shall be construed to provide any benefit or relief to--
(1) any individual culpable for a specified terrorist activity;
or
(2) any family member of any individual described in paragraph
(1).
SEC. 428. DEFINITIONS.
(a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this subtitle, the
definitions used in the Immigration and Nationality Act (excluding the
definitions applicable exclusively to title III of such Act) shall
apply in the administration of this subtitle.
(b) Specified Terrorist Activity.--For purposes of this subtitle,
the term ``specified terrorist activity'' means any terrorist activity
conducted against the Government or the people of the United States on
September 11, 2001.
TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM
SEC. 501. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS TO COMBAT
TERRORISM.
(a) Payment of Rewards To Combat Terrorism.--Funds available to the
Attorney General may be used for the payment of rewards pursuant to
public advertisements for assistance to the Department of Justice to
combat terrorism and defend the Nation against terrorist acts, in
accordance with procedures and regulations established or issued by the
Attorney General.
(b) Conditions.--In making rewards under this section--
(1) no such reward of $250,000 or more may be made or offered
without the personal approval of either the Attorney General or the
President;
(2) the Attorney General shall give written notice to the
Chairmen and ranking minority members of the Committees on
Appropriations and the Judiciary of the Senate and of the House of
Representatives not later than 30 days after the approval of a
reward under paragraph (1);
(3) any executive agency or military department (as defined,
respectively, in sections 105 and 102 of title 5, United States
Code) may provide the Attorney General with funds for the payment
of rewards;
(4) neither the failure of the Attorney General to authorize a
payment nor the amount authorized shall be subject to judicial
review; and
(5) no such reward shall be subject to any per- or aggregate
reward spending limitation established by law, unless that law
expressly refers to this section, and no reward paid pursuant to
any such offer shall count toward any such aggregate reward
spending limitation.
SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.
Section 36 of the State Department Basic Authorities Act of 1956
(Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``or'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``, including by dismantling an organization in whole
or significant part; or''; and
(C) by adding at the end the following:
``(6) the identification or location of an individual who holds
a key leadership position in a terrorist organization.'';
(2) in subsection (d), by striking paragraphs (2) and (3) and
redesignating paragraph (4) as paragraph (2); and
(3) in subsection (e)(1), by inserting ``, except as personally
authorized by the Secretary of State if he determines that offer or
payment of an award of a larger amount is necessary to combat
terrorism or defend the Nation against terrorist acts.'' after
``$5,000,000''.
SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS.
Section 3(d)(2) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135a(d)(2)) is amended to read as follows:
``(2) In addition to the offenses described in paragraph (1),
the following offenses shall be treated for purposes of this
section as qualifying Federal offenses, as determined by the
Attorney General:
``(A) Any offense listed in section 2332b(g)(5)(B) of title
18, United States Code.
``(B) Any crime of violence (as defined in section 16 of
title 18, United States Code).
``(C) Any attempt or conspiracy to commit any of the above
offenses.''.
SEC. 504. COORDINATION WITH LAW ENFORCEMENT.
(a) Information Acquired From an Electronic Surveillance.--Section
106 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1806), is amended by adding at the end the following:
``(k)(1) Federal officers who conduct electronic surveillance to
acquire foreign intelligence information under this title may consult
with Federal law enforcement officers to coordinate efforts to
investigate or protect against--
``(A) actual or potential attack or other grave hostile acts of
a foreign power or an agent of a foreign power;
``(B) sabotage or international terrorism by a foreign power or
an agent of a foreign power; or
``(C) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a foreign
power.
``(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 104(a)(7)(B) or the
entry of an order under section 105.''.
(b) Information Acquired From a Physical Search.--Section 305 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is
amended by adding at the end the following:
``(k)(1) Federal officers who conduct physical searches to acquire
foreign intelligence information under this title may consult with
Federal law enforcement officers to coordinate efforts to investigate
or protect against--
``(A) actual or potential attack or other grave hostile acts of
a foreign power or an agent of a foreign power;
``(B) sabotage or international terrorism by a foreign power or
an agent of a foreign power; or
``(C) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a foreign
power.
``(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 303(a)(7) or the entry
of an order under section 304.''.
SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.
(a) Telephone Toll and Transactional Records.--Section 2709(b) of
title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting ``at
Bureau headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director'' after ``Assistant Director'';
(2) in paragraph (1)--
(A) by striking ``in a position not lower than Deputy
Assistant Director''; and
(B) by striking ``made that'' and all that follows and
inserting the following: ``made that the name, address, length
of service, and toll billing records sought are relevant to an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided that
such an investigation of a United States person is not
conducted solely on the basis of activities protected by the
first amendment to the Constitution of the United States;
and''; and
(3) in paragraph (2)--
(A) by striking ``in a position not lower than Deputy
Assistant Director''; and
(B) by striking ``made that'' and all that follows and
inserting the following: ``made that the information sought is
relevant to an authorized investigation to protect against
international terrorism or clandestine intelligence activities,
provided that such an investigation of a United States person
is not conducted solely upon the basis of activities protected
by the first amendment to the Constitution of the United
States.''.
(b) Financial Records.--Section 1114(a)(5)(A) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended--
(1) by inserting ``in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent in
Charge in a Bureau field office designated by the Director'' after
``designee''; and
(2) by striking ``sought'' and all that follows and inserting
``sought for foreign counter intelligence purposes to protect
against international terrorism or clandestine intelligence
activities, provided that such an investigation of a United States
person is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution of the United
States.''.
(c) Consumer Reports.--Section 624 of the Fair Credit Reporting Act
(15 U.S.C. 1681u) is amended--
(1) in subsection (a)--
(A) by inserting ``in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent in
Charge of a Bureau field office designated by the Director''
after ``designee'' the first place it appears; and
(B) by striking ``in writing that'' and all that follows
through the end and inserting the following: ``in writing, that
such information is sought for the conduct of an authorized
investigation to protect against international terrorism or
clandestine intelligence activities, provided that such an
investigation of a United States person is not conducted solely
upon the basis of activities protected by the first amendment
to the Constitution of the United States.'';
(2) in subsection (b)--
(A) by inserting ``in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent in
Charge of a Bureau field office designated by the Director''
after ``designee'' the first place it appears; and
(B) by striking ``in writing that'' and all that follows
through the end and inserting the following: ``in writing that
such information is sought for the conduct of an authorized
investigation to protect against international terrorism or
clandestine intelligence activities, provided that such an
investigation of a United States person is not conducted solely
upon the basis of activities protected by the first amendment
to the Constitution of the United States.''; and
(3) in subsection (c)--
(A) by inserting ``in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent in
Charge in a Bureau field office designated by the Director''
after ``designee of the Director''; and
(B) by striking ``in camera that'' and all that follows
through ``States.'' and inserting the following: ``in camera
that the consumer report is sought for the conduct of an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided that
such an investigation of a United States person is not
conducted solely upon the basis of activities protected by the
first amendment to the Constitution of the United States.''.
SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.
(a) Concurrent Jurisdiction Under 18 U.S.C. 1030.--Section 1030(d)
of title 18, United States Code, is amended to read as follows:
``(d)(1) The United States Secret Service shall, in addition to any
other agency having such authority, have the authority to investigate
offenses under this section.
``(2) The Federal Bureau of Investigation shall have primary
authority to investigate offenses under subsection (a)(1) for any cases
involving espionage, foreign counterintelligence, information protected
against unauthorized disclosure for reasons of national defense or
foreign relations, or Restricted Data (as that term is defined in
section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)),
except for offenses affecting the duties of the United States Secret
Service pursuant to section 3056(a) of this title.
``(3) Such authority shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the Treasury
and the Attorney General.''.
(b) Reauthorization of Jurisdiction under 18 U.S.C. 1344.--Section
3056(b)(3) of title 18, United States Code, is amended by striking
``credit and debit card frauds, and false identification documents or
devices'' and inserting ``access device frauds, false identification
documents or devices, and any fraud or other criminal or unlawful
activity in or against any federally insured financial institution''.
SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.
Section 444 of the General Education Provisions Act (20 U.S.C.
1232g), is amended by adding after subsection (i) a new subsection (j)
to read as follows:
``(j) Investigation and Prosecution of Terrorism.--
``(1) In general.--Notwithstanding subsections (a) through (i)
or any provision of State law, the Attorney General (or any Federal
officer or employee, in a position not lower than an Assistant
Attorney General, designated by the Attorney General) may submit a
written application to a court of competent jurisdiction for an ex
parte order requiring an educational agency or institution to
permit the Attorney General (or his designee) to--
``(A) collect education records in the possession of the
educational agency or institution that are relevant to an
authorized investigation or prosecution of an offense listed in
section 2332b(g)(5)(B) of title 18 United States Code, or an
act of domestic or international terrorism as defined in
section 2331 of that title; and
``(B) for official purposes related to the investigation or
prosecution of an offense described in paragraph (1)(A),
retain, disseminate, and use (including as evidence at trial or
in other administrative or judicial proceedings) such records,
consistent with such guidelines as the Attorney General, after
consultation with the Secretary, shall issue to protect
confidentiality.
``(2) Application and approval.--
``(A) In general.--An application under paragraph (1) shall
certify that there are specific and articulable facts giving
reason to believe that the education records are likely to
contain information described in paragraph (1)(A).
``(B) The court shall issue an order described in paragraph
(1) if the court finds that the application for the order
includes the certification described in subparagraph (A).
``(3) Protection of educational agency or institution.--An
educational agency or institution that, in good faith, produces
education records in accordance with an order issued under this
subsection shall not be liable to any person for that production.
``(4) Record-keeping.--Subsection (b)(4) does not apply to
education records subject to a court order under this
subsection.''.
SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.
Section 408 of the National Education Statistics Act of 1994 (20
U.S.C. 9007), is amended by adding after subsection (b) a new
subsection (c) to read as follows:
``(c) Investigation and Prosecution of Terrorism.--
``(1) In General.--Notwithstanding subsections (a) and (b), the
Attorney General (or any Federal officer or employee, in a position
not lower than an Assistant Attorney General, designated by the
Attorney General) may submit a written application to a court of
competent jurisdiction for an ex parte order requiring the
Secretary to permit the Attorney General (or his designee) to--
``(A) collect reports, records, and information (including
individually identifiable information) in the possession of the
center that are relevant to an authorized investigation or
prosecution of an offense listed in section 2332b(g)(5)(B) of
title 18, United States Code, or an act of domestic or
international terrorism as defined in section 2331 of that
title; and
``(B) for official purposes related to the investigation or
prosecution of an offense described in paragraph (1)(A),
retain, disseminate, and use (including as evidence at trial or
in other administrative or judicial proceedings) such
information, consistent with such guidelines as the Attorney
General, after consultation with the Secretary, shall issue to
protect confidentiality.
``(2) Application and approval.--
``(A) In general.--An application under paragraph (1) shall
certify that there are specific and articulable facts giving
reason to believe that the information sought is described in
paragraph (1)(A).
``(B) The court shall issue an order described in paragraph
(1) if the court finds that the application for the order
includes the certification described in subparagraph (A).
``(3) Protection.--An officer or employee of the Department
who, in good faith, produces information in accordance with an
order issued under this subsection does not violate subsection
(b)(2) and shall not be liable to any person for that
production.''.
TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS,
AND THEIR FAMILIES
Subtitle A--Aid to Families of Public Safety Officers
SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFICERS INVOLVED IN THE
PREVENTION, INVESTIGATION, RESCUE, OR RECOVERY EFFORTS
RELATED TO A TERRORIST ATTACK.
(a) In General.--Notwithstanding the limitations of subsection (b)
of section 1201 or the provisions of subsections (c), (d), and (e) of
such section or section 1202 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a), upon
certification (containing identification of all eligible payees of
benefits pursuant to section 1201 of such Act) by a public agency that
a public safety officer employed by such agency was killed or suffered
a catastrophic injury producing permanent and total disability as a
direct and proximate result of a personal injury sustained in the line
of duty as described in section 1201 of such Act in connection with
prevention, investigation, rescue, or recovery efforts related to a
terrorist attack, the Director of the Bureau of Justice Assistance
shall authorize payment to qualified beneficiaries, said payment to be
made not later than 30 days after receipt of such certification,
benefits described under subpart 1 of part L of such Act (42 U.S.C.
3796 et seq.).
(b) Definitions.--For purposes of this section, the terms
``catastrophic injury'', ``public agency'', and ``public safety
officer'' have the same meanings given such terms in section 1204 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b).
SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED PAYMENTS FOR
HEROIC PUBLIC SAFETY OFFICERS.
Section 1 of Public Law 107-37 (an Act to provide for the expedited
payment of certain benefits for a public safety officer who was killed
or suffered a catastrophic injury as a direct and proximate result of a
personal injury sustained in the line of duty in connection with the
terrorist attacks of September 11, 2001) is amended by--
(1) inserting before ``by a'' the following: ``(containing
identification of all eligible payees of benefits pursuant to
section 1201)'';
(2) inserting ``producing permanent and total disability''
after ``suffered a catastrophic injury''; and
(3) striking ``1201(a)'' and inserting ``1201''.
SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT INCREASE.
(a) Payments.--Section 1201(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by striking
``$100,000'' and inserting ``$250,000''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to any death or disability occurring on or after January 1, 2001.
SEC. 614. OFFICE OF JUSTICE PROGRAMS.
Section 112 of title I of section 101(b) of division A of Public
Law 105-277 and section 108(a) of appendix A of Public Law 106-113 (113
Stat. 1501A-20) are amended--
(1) after ``that Office'', each place it occurs, by inserting
``(including, notwithstanding any contrary provision of law (unless
the same should expressly refer to this section), any organization
that administers any program established in title 1 of Public Law
90-351)''; and
(2) by inserting ``functions, including any'' after ``all''.
Subtitle B--Amendments to the Victims of Crime Act of 1984
SEC. 621. CRIME VICTIMS FUND.
(a) Deposit of Gifts in the Fund.--Section 1402(b) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) any gifts, bequests, or donations to the Fund from
private entities or individuals.''.
(b) Formula for Fund Distributions.--Section 1402(c) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as
follows:
``(c) Fund Distribution; Retention of Sums in Fund; Availability
for Expenditure Without Fiscal Year Limitation.--
``(1) Subject to the availability of money in the Fund, in each
fiscal year, beginning with fiscal year 2003, the Director shall
distribute not less than 90 percent nor more than 110 percent of
the amount distributed from the Fund in the previous fiscal year,
except the Director may distribute up to 120 percent of the amount
distributed in the previous fiscal year in any fiscal year that the
total amount available in the Fund is more than 2 times the amount
distributed in the previous fiscal year.
``(2) In each fiscal year, the Director shall distribute
amounts from the Fund in accordance with subsection (d). All sums
not distributed during a fiscal year shall remain in reserve in the
Fund to be distributed during a subsequent fiscal year.
Notwithstanding any other provision of law, all sums deposited in
the Fund that are not distributed shall remain in reserve in the
Fund for obligation in future fiscal years, without fiscal year
limitation.''.
(c) Allocation of Funds for Costs and Grants.--Section 1402(d)(4)
of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is
amended--
(1) by striking ``deposited in'' and inserting ``to be
distributed from'';
(2) in subparagraph (A), by striking ``48.5'' and inserting
``47.5'';
(3) in subparagraph (B), by striking ``48.5'' and inserting
``47.5''; and
(4) in subparagraph (C), by striking ``3'' and inserting ``5''.
(d) Antiterrorism Emergency Reserve.--Section 1402(d)(5) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is amended to read
as follows:
``(5)(A) In addition to the amounts distributed under
paragraphs (2), (3), and (4), the Director may set aside up to
$50,000,000 from the amounts transferred to the Fund in response to
the airplane hijackings and terrorist acts that occurred on
September 11, 2001, as an antiterrorism emergency reserve. The
Director may replenish any amounts expended from such reserve in
subsequent fiscal years by setting aside up to 5 percent of the
amounts remaining in the Fund in any fiscal year after distributing
amounts under paragraphs (2), (3) and (4). Such reserve shall not
exceed $50,000,000.
``(B) The antiterrorism emergency reserve referred to in
subparagraph (A) may be used for supplemental grants under section
1404B and to provide compensation to victims of international
terrorism under section 1404C.
``(C) Amounts in the antiterrorism emergency reserve
established pursuant to subparagraph (A) may be carried over from
fiscal year to fiscal year. Notwithstanding subsection (c) and
section 619 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001 (and any
similar limitation on Fund obligations in any future Act, unless
the same should expressly refer to this section), any such amounts
carried over shall not be subject to any limitation on obligations
from amounts deposited to or available in the Fund.''.
(e) Victims of September 11, 2001.--Amounts transferred to the
Crime Victims Fund for use in responding to the airplane hijackings and
terrorist acts (including any related search, rescue, relief,
assistance, or other similar activities) that occurred on September 11,
2001, shall not be subject to any limitation on obligations from
amounts deposited to or available in the Fund, notwithstanding--
(1) section 619 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
2001, and any similar limitation on Fund obligations in such Act
for Fiscal Year 2002; and
(2) subsections (c) and (d) of section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601).
SEC. 622. CRIME VICTIM COMPENSATION.
(a) Allocation of Funds for Compensation and Assistance.--
Paragraphs (1) and (2) of section 1403(a) of the Victims of Crime Act
of 1984 (42 U.S.C. 10602(a)) are amended by inserting ``in fiscal year
2002 and of 60 percent in subsequent fiscal years'' after ``40
percent''.
(b) Location of Compensable Crime.--Section 1403(b)(6)(B) of the
Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by
striking ``are outside the United States (if the compensable crime is
terrorism, as defined in section 2331 of title 18), or''.
(c) Relationship of Crime Victim Compensation to Means-Tested
Federal Benefit Programs.--Section 1403 of the Victims of Crime Act of
1984 (42 U.S.C. 10602) is amended by striking subsection (c) and
inserting the following:
``(c) Exclusion From Income, Resources, and Assets for Purposes of
Means Tests.--Notwithstanding any other law (other than title IV of
Public Law 107-42), for the purpose of any maximum allowed income,
resource, or asset eligibility requirement in any Federal, State, or
local government program using Federal funds that provides medical or
other assistance (or payment or reimbursement of the cost of such
assistance), any amount of crime victim compensation that the applicant
receives through a crime victim compensation program under this section
shall not be included in the income, resources, or assets of the
applicant, nor shall that amount reduce the amount of the assistance
available to the applicant from Federal, State, or local government
programs using Federal funds, unless the total amount of assistance
that the applicant receives from all such programs is sufficient to
fully compensate the applicant for losses suffered as a result of the
crime.''.
(d) Definitions of ``Compensable Crime'' and ``State''.--Section
1403(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)) is
amended--
(1) in paragraph (3), by striking ``crimes involving
terrorism,''; and
(2) in paragraph (4), by inserting ``the United States Virgin
Islands,'' after ``the Commonwealth of Puerto Rico,''.
(e) Relationship of Eligible Crime Victim Compensation Programs to
the September 11th Victim Compensation Fund.--
(1) In general.--Section 1403(e) of the Victims of Crime Act of
1984 (42 U.S.C. 10602(e)) is amended by inserting ``including the
program established under title IV of Public Law 107-42,'' after
``Federal program,''.
(2) Compensation.--With respect to any compensation payable
under title IV of Public Law 107-42, the failure of a crime victim
compensation program, after the effective date of final regulations
issued pursuant to section 407 of Public Law 107-42, to provide
compensation otherwise required pursuant to section 1403 of the
Victims of Crime Act of 1984 (42 U.S.C. 10602) shall not render
that program ineligible for future grants under the Victims of
Crime Act of 1984.
SEC. 623. CRIME VICTIM ASSISTANCE.
(a) Assistance for Victims in the District of Columbia, Puerto
Rico, and Other Territories and Possessions.--Section 1404(a) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603(a)) is amended by adding
at the end the following:
``(6) An agency of the Federal Government performing local law
enforcement functions in and on behalf of the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin Islands,
or any other territory or possession of the United States may
qualify as an eligible crime victim assistance program for the
purpose of grants under this subsection, or for the purpose of
grants under subsection (c)(1).''.
(b) Prohibition on Discrimination Against Certain Victims.--Section
1404(b)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(1))
is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) does not discriminate against victims because they
disagree with the way the State is prosecuting the criminal
case.''.
(c) Grants for Program Evaluation and Compliance Efforts.--Section
1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)(1)(A)) is amended by inserting ``, program evaluation,
compliance efforts,'' after ``demonstration projects''.
(d) Allocation of Discretionary Grants.--Section 1404(c)(2) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is amended--
(1) in subparagraph (A), by striking ``not more than'' and
inserting ``not less than''; and
(2) in subparagraph (B), by striking ``not less than'' and
inserting ``not more than''.
(e) Fellowships and Clinical Internships.--Section 1404(c)(3) of
the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) use funds made available to the Director under this
subsection--
``(i) for fellowships and clinical internships; and
``(ii) to carry out programs of training and special
workshops for the presentation and dissemination of
information resulting from demonstrations, surveys, and
special projects.''.
SEC. 624. VICTIMS OF TERRORISM.
(a) Compensation and Assistance to Victims of Domestic Terrorism.--
Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C.
10603b(b)) is amended to read as follows:
``(b) Victims of Terrorism Within the United States.--The Director
may make supplemental grants as provided in section 1402(d)(5) to
States for eligible crime victim compensation and assistance programs,
and to victim service organizations, public agencies (including
Federal, State, or local governments) and nongovernmental organizations
that provide assistance to victims of crime, which shall be used to
provide emergency relief, including crisis response efforts,
assistance, compensation, training and technical assistance, and
ongoing assistance, including during any investigation or prosecution,
to victims of terrorist acts or mass violence occurring within the
United States.''.
(b) Assistance to Victims of International Terrorism.--Section
1404B(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C.
10603b(a)(1)) is amended by striking ``who are not persons eligible for
compensation under title VIII of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986''.
(c) Compensation to Victims of International Terrorism.--Section
1404C(b) of the Victims of Crime of 1984 (42 U.S.C. 10603c(b)) is
amended by adding at the end the following: ``The amount of
compensation awarded to a victim under this subsection shall be reduced
by any amount that the victim received in connection with the same act
of international terrorism under title VIII of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986.''.
TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE
PROTECTION
SEC. 701. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM TO
FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCEMENT RESPONSE
RELATED TO TERRORIST ATTACKS.
Section 1301 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796h) is amended--
(1) in subsection (a), by inserting ``and terrorist
conspiracies and activities'' after ``activities'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) establishing and operating secure information sharing
systems to enhance the investigation and prosecution abilities of
participating enforcement agencies in addressing multi-
jurisdictional terrorist conspiracies and activities; and (5)'';
and
(3) by inserting at the end the following:
``(d) Authorization of Appropriation to the Bureau of Justice
Assistance.--There are authorized to be appropriated to the Bureau of
Justice Assistance to carry out this section $50,000,000 for fiscal
year 2002 and $100,000,000 for fiscal year 2003.''.
TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST MASS
TRANSPORTATION SYSTEMS.
Chapter 97 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 1993. Terrorist attacks and other acts of violence against mass
transportation systems
``(a) General Prohibitions.--Whoever willfully--
``(1) wrecks, derails, sets fire to, or disables a mass
transportation vehicle or ferry;
``(2) places or causes to be placed any biological agent or
toxin for use as a weapon, destructive substance, or destructive
device in, upon, or near a mass transportation vehicle or ferry,
without previously obtaining the permission of the mass
transportation provider, and with intent to endanger the safety of
any passenger or employee of the mass transportation provider, or
with a reckless disregard for the safety of human life;
``(3) sets fire to, or places any biological agent or toxin for
use as a weapon, destructive substance, or destructive device in,
upon, or near any garage, terminal, structure, supply, or facility
used in the operation of, or in support of the operation of, a mass
transportation vehicle or ferry, without previously obtaining the
permission of the mass transportation provider, and knowing or
having reason to know such activity would likely derail, disable,
or wreck a mass transportation vehicle or ferry used, operated, or
employed by the mass transportation provider;
``(4) removes appurtenances from, damages, or otherwise impairs
the operation of a mass transportation signal system, including a
train control system, centralized dispatching system, or rail grade
crossing warning signal without authorization from the mass
transportation provider;
``(5) interferes with, disables, or incapacitates any
dispatcher, driver, captain, or person while they are employed in
dispatching, operating, or maintaining a mass transportation
vehicle or ferry, with intent to endanger the safety of any
passenger or employee of the mass transportation provider, or with
a reckless disregard for the safety of human life;
``(6) commits an act, including the use of a dangerous weapon,
with the intent to cause death or serious bodily injury to an
employee or passenger of a mass transportation provider or any
other person while any of the foregoing are on the property of a
mass transportation provider;
``(7) conveys or causes to be conveyed false information,
knowing the information to be false, concerning an attempt or
alleged attempt being made or to be made, to do any act which would
be a crime prohibited by this subsection; or
``(8) attempts, threatens, or conspires to do any of the
aforesaid acts,
shall be fined under this title or imprisoned not more than twenty
years, or both, if such act is committed, or in the case of a threat or
conspiracy such act would be committed, on, against, or affecting a
mass transportation provider engaged in or affecting interstate or
foreign commerce, or if in the course of committing such act, that
person travels or communicates across a State line in order to commit
such act, or transports materials across a State line in aid of the
commission of such act.
``(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) in a circumstance in which--
``(1) the mass transportation vehicle or ferry was carrying a
passenger at the time of the offense; or
``(2) the offense has resulted in the death of any person,
shall be guilty of an aggravated form of the offense and shall be fined
under this title or imprisoned for a term of years or for life, or
both.
``(c) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to that
term in section 178(1) of this title;
``(2) the term `dangerous weapon' has the meaning given to that
term in section 930 of this title;
``(3) the term `destructive device' has the meaning given to
that term in section 921(a)(4) of this title;
``(4) the term `destructive substance' has the meaning given to
that term in section 31 of this title;
``(5) the term `mass transportation' has the meaning given to
that term in section 5302(a)(7) of title 49, United States Code,
except that the term shall include schoolbus, charter, and
sightseeing transportation;
``(6) the term `serious bodily injury' has the meaning given to
that term in section 1365 of this title;
``(7) the term `State' has the meaning given to that term in
section 2266 of this title; and
``(8) the term `toxin' has the meaning given to that term in
section 178(2) of this title.''.
(f) Conforming Amendment.--The analysis of chapter 97 of title 18,
United States Code, is amended by adding at the end:
``1993. Terrorist attacks and other acts of violence against mass
transportation systems.''.
SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
(a) Domestic Terrorism Defined.--Section 2331 of title 18, United
States Code, is amended--
(1) in paragraph (1)(B)(iii), by striking ``by assassination or
kidnapping'' and inserting ``by mass destruction, assassination, or
kidnapping'';
(2) in paragraph (3), by striking ``and'';
(3) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) the term `domestic terrorism' means activities that--
``(A) involve acts dangerous to human life that are a
violation of the criminal laws of the United States or of any
State;
``(B) appear to be intended--
``(i) to intimidate or coerce a civilian population;
``(ii) to influence the policy of a government by
intimidation or coercion; or
``(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
``(C) occur primarily within the territorial jurisdiction
of the United States.''.
(b) Conforming Amendment.--Section 3077(1) of title 18, United
States Code, is amended to read as follows:
``(1) `act of terrorism' means an act of domestic or
international terrorism as defined in section 2331;''.
SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States Code, is
amended by adding after section 2338 the following new section:
``Sec. 2339. Harboring or concealing terrorists
``(a) Whoever harbors or conceals any person who he knows, or has
reasonable grounds to believe, has committed, or is about to commit, an
offense under section 32 (relating to destruction of aircraft or
aircraft facilities), section 175 (relating to biological weapons),
section 229 (relating to chemical weapons), section 831 (relating to
nuclear materials), paragraph (2) or (3) of section 844(f) (relating to
arson and bombing of government property risking or causing injury or
death), section 1366(a) (relating to the destruction of an energy
facility), section 2280 (relating to violence against maritime
navigation), section 2332a (relating to weapons of mass destruction),
or section 2332b (relating to acts of terrorism transcending national
boundaries) of this title, section 236(a) (relating to sabotage of
nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C.
2284(a)), or section 46502 (relating to aircraft piracy) of title 49,
shall be fined under this title or imprisoned not more than ten years,
or both.''.
``(b) A violation of this section may be prosecuted in any Federal
judicial district in which the underlying offense was committed, or in
any other Federal judicial district as provided by law.''.
(b) Technical Amendment.--The chapter analysis for chapter 113B of
title 18, United States Code, is amended by inserting after the item
for section 2338 the following:
``2339. Harboring or concealing terrorists.''.
SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD.
Section 7 of title 18, United States Code, is amended by adding at
the end the following:
``(9) With respect to offenses committed by or against a
national of the United States as that term is used in section 101
of the Immigration and Nationality Act--
``(A) the premises of United States diplomatic, consular,
military or other United States Government missions or entities
in foreign States, including the buildings, parts of buildings,
and land appurtenant or ancillary thereto or used for purposes
of those missions or entities, irrespective of ownership; and
``(B) residences in foreign States and the land appurtenant
or ancillary thereto, irrespective of ownership, used for
purposes of those missions or entities or used by United States
personnel assigned to those missions or entities.
Nothing in this paragraph shall be deemed to supersede any treaty
or international agreement with which this paragraph conflicts.
This paragraph does not apply with respect to an offense committed
by a person described in section 3261(a) of this title.''.
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
(a) In General.--Section 2339A of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``, within the United States,'';
(B) by inserting ``229,'' after ``175,'';
(C) by inserting ``1993,'' after ``1992,'';
(D) by inserting ``, section 236 of the Atomic Energy Act
of 1954 (42 U.S.C. 2284),'' after ``of this title'';
(E) by inserting ``or 60123(b)'' after ``46502''; and
(F) by inserting at the end the following: ``A violation of
this section may be prosecuted in any Federal judicial district
in which the underlying offense was committed, or in any other
Federal judicial district as provided by law.''; and
(2) in subsection (b)--
(A) by striking ``or other financial securities'' and
inserting ``or monetary instruments or financial securities'';
and
(B) by inserting ``expert advice or assistance,'' after
``training,''.
(b) Technical Amendment.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting ``or 2339B'' after ``2339A''.
SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is amended by
inserting at the end the following:
``(G) All assets, foreign or domestic--
``(i) of any individual, entity, or organization engaged in
planning or perpetrating any act of domestic or international
terrorism (as defined in section 2331) against the United
States, citizens or residents of the United States, or their
property, and all assets, foreign or domestic, affording any
person a source of influence over any such entity or
organization;
``(ii) acquired or maintained by any person with the intent
and for the purpose of supporting, planning, conducting, or
concealing an act of domestic or international terrorism (as
defined in section 2331) against the United States, citizens or
residents of the United States, or their property; or
``(iii) derived from, involved in, or used or intended to
be used to commit any act of domestic or international
terrorism (as defined in section 2331) against the United
States, citizens or residents of the United States, or their
property.''.
SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL
SUPPORT TO TERRORISM.
No provision of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (title IX of Public Law 106-387) shall be construed to
limit or otherwise affect section 2339A or 2339B of title 18, United
States Code.
SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.
Section 2332b of title 18, United States Code, is amended--
(1) in subsection (f), by inserting ``and any violation of
section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c),
1751(e), 2152, or 2156 of this title,'' before ``and the
Secretary''; and
(2) in subsection (g)(5)(B), by striking clauses (i) through
(iii) and inserting the following:
``(i) section 32 (relating to destruction of aircraft
or aircraft facilities), 37 (relating to violence at
international airports), 81 (relating to arson within
special maritime and territorial jurisdiction), 175 or 175b
(relating to biological weapons), 229 (relating to chemical
weapons), subsection (a), (b), (c), or (d) of section 351
(relating to congressional, cabinet, and Supreme Court
assassination and kidnaping), 831 (relating to nuclear
materials), 842(m) or (n) (relating to plastic explosives),
844(f)(2) or (3) (relating to arson and bombing of
Government property risking or causing death), 844(i)
(relating to arson and bombing of property used in
interstate commerce), 930(c) (relating to killing or
attempted killing during an attack on a Federal facility
with a dangerous weapon), 956(a)(1) (relating to conspiracy
to murder, kidnap, or maim persons abroad), 1030(a)(1)
(relating to protection of computers), 1030(a)(5)(A)(i)
resulting in damage as defined in 1030(a)(5)(B)(ii) through
(v) (relating to protection of computers), 1114 (relating
to killing or attempted killing of officers and employees
of the United States), 1116 (relating to murder or
manslaughter of foreign officials, official guests, or
internationally protected persons), 1203 (relating to
hostage taking), 1362 (relating to destruction of
communication lines, stations, or systems), 1363 (relating
to injury to buildings or property within special maritime
and territorial jurisdiction of the United States), 1366(a)
(relating to destruction of an energy facility), 1751(a),
(b), (c), or (d) (relating to Presidential and Presidential
staff assassination and kidnaping), 1992 (relating to
wrecking trains), 1993 (relating to terrorist attacks and
other acts of violence against mass transportation
systems), 2155 (relating to destruction of national defense
materials, premises, or utilities), 2280 (relating to
violence against maritime navigation), 2281 (relating to
violence against maritime fixed platforms), 2332 (relating
to certain homicides and other violence against United
States nationals occurring outside of the United States),
2332a (relating to use of weapons of mass destruction),
2332b (relating to acts of terrorism transcending national
boundaries), 2339 (relating to harboring terrorists), 2339A
(relating to providing material support to terrorists),
2339B (relating to providing material support to terrorist
organizations), or 2340A (relating to torture) of this
title;
``(ii) section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284); or
``(iii) section 46502 (relating to aircraft piracy),
the second sentence of section 46504 (relating to assault
on a flight crew with a dangerous weapon), section
46505(b)(3) or (c) (relating to explosive or incendiary
devices, or endangerment of human life by means of weapons,
on aircraft), section 46506 if homicide or attempted
homicide is involved (relating to application of certain
criminal laws to acts on aircraft), or section 60123(b)
(relating to destruction of interstate gas or hazardous
liquid pipeline facility) of title 49.''.
SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES.
(a) In General.--Section 3286 of title 18, United States Code, is
amended to read as follows:
``Sec. 3286. Extension of statute of limitation for certain terrorism
offenses
``(a) Eight-Year Limitation.--Notwithstanding section 3282, no
person shall be prosecuted, tried, or punished for any noncapital
offense involving a violation of any provision listed in section
2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or 1751(e)
of this title, or section 46504, 46505, or 46506 of title 49, unless
the indictment is found or the information is instituted within 8 years
after the offense was committed. Notwithstanding the preceding
sentence, offenses listed in section 3295 are subject to the statute of
limitations set forth in that section.
``(b) No Limitation.--Notwithstanding any other law, an indictment
may be found or an information instituted at any time without
limitation for any offense listed in section 2332b(g)(5)(B), if the
commission of such offense resulted in, or created a forseeable risk
of, death or serious bodily injury to another person.''.
(b) Application.--The amendments made by this section shall apply
to the prosecution of any offense committed before, on, or after the
date of the enactment of this section.
SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.
(a) Arson.--Section 81 of title 18, United States Code, is amended
in the second undesignated paragraph by striking ``not more than twenty
years'' and inserting ``for any term of years or for life''.
(b) Destruction of an Energy Facility.--Section 1366 of title 18,
United States Code, is amended--
(1) in subsection (a), by striking ``ten'' and inserting
``20''; and
(2) by adding at the end the following:
``(d) Whoever is convicted of a violation of subsection (a) or (b)
that has resulted in the death of any person shall be subject to
imprisonment for any term of years or life.''.
(c) Material Support to Terrorists.--Section 2339A(a) of title 18,
United States Code, is amended--
(1) by striking ``10'' and inserting ``15''; and
(2) by striking the period and inserting ``, and, if the death
of any person results, shall be imprisoned for any term of years or
for life.''.
(d) Material Support to Designated Foreign Terrorist
Organizations.--Section 2339B(a)(1) of title 18, United States Code, is
amended--
(1) by striking ``10'' and inserting ``15''; and
(2) by striking the period after ``or both'' and inserting ``,
and, if the death of any person results, shall be imprisoned for
any term of years or for life.''.
(e) Destruction of National-Defense Materials.--Section 2155(a) of
title 18, United States Code, is amended--
(1) by striking ``ten'' and inserting ``20''; and
(2) by striking the period at the end and inserting ``, and, if
death results to any person, shall be imprisoned for any term of
years or for life.''.
(f) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the
Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
(1) by striking ``ten'' each place it appears and inserting
``20'';
(2) in subsection (a), by striking the period at the end and
inserting ``, and, if death results to any person, shall be
imprisoned for any term of years or for life.''; and
(3) in subsection (b), by striking the period at the end and
inserting ``, and, if death results to any person, shall be
imprisoned for any term of years or for life.''.
(g) Special Aircraft Jurisdiction of the United States.--Section
46505(c) of title 49, United States Code, is amended--
(1) by striking ``15'' and inserting ``20''; and
(2) by striking the period at the end and inserting ``, and, if
death results to any person, shall be imprisoned for any term of
years or for life.''.
(h) Damaging or Destroying an Interstate Gas or Hazardous Liquid
Pipeline Facility.--Section 60123(b) of title 49, United States Code,
is amended--
(1) by striking ``15'' and inserting ``20''; and
(2) by striking the period at the end and inserting ``, and, if
death results to any person, shall be imprisoned for any term of
years or for life.''.
SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.
(a) Arson.--Section 81 of title 18, United States Code, is amended
in the first undesignated paragraph--
(1) by striking ``, or attempts to set fire to or burn''; and
(2) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be imprisoned''.
(b) Killings in Federal Facilities.--Section 930(c) of title 18,
United States Code, is amended--
(1) by striking ``or attempts to kill'';
(2) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be punished''; and
(3) by striking ``and 1113'' and inserting ``1113, and 1117''.
(c) Communications Lines, Stations, or Systems.--Section 1362 of
title 18, United States Code, is amended in the first undesignated
paragraph--
(1) by striking ``or attempts willfully or maliciously to
injure or destroy''; and
(2) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be fined''.
(d) Buildings or Property Within Special Maritime and Territorial
Jurisdiction.--Section 1363 of title 18, United States Code, is
amended--
(1) by striking ``or attempts to destroy or injure''; and
(2) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be fined'' the first place it appears.
(e) Wrecking Trains.--Section 1992 of title 18, United States Code,
is amended by adding at the end the following:
``(c) A person who conspires to commit any offense defined in this
section shall be subject to the same penalties (other than the penalty
of death) as the penalties prescribed for the offense, the commission
of which was the object of the conspiracy.''.
(f) Material Support to Terrorists.--Section 2339A of title 18,
United States Code, is amended by inserting ``or attempts or conspires
to do such an act,'' before ``shall be fined''.
(g) Torture.--Section 2340A of title 18, United States Code, is
amended by adding at the end the following:
``(c) Conspiracy.--A person who conspires to commit an offense
under this section shall be subject to the same penalties (other than
the penalty of death) as the penalties prescribed for the offense, the
commission of which was the object of the conspiracy.''.
(h) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the
Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
(1) in subsection (a)--
(A) by striking ``, or who intentionally and willfully
attempts to destroy or cause physical damage to'';
(B) in paragraph (4), by striking the period at the end and
inserting a comma; and
(C) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be fined''; and
(2) in subsection (b)--
(A) by striking ``or attempts to cause''; and
(B) by inserting ``or attempts or conspires to do such an
act,'' before ``shall be fined''.
(i) Interference with Flight Crew Members and Attendants.--Section
46504 of title 49, United States Code, is amended by inserting ``or
attempts or conspires to do such an act,'' before ``shall be fined''.
(j) Special Aircraft Jurisdiction of the United States.--Section
46505 of title 49, United States Code, is amended by adding at the end
the following:
``(e) Conspiracy.--If two or more persons conspire to violate
subsection (b) or (c), and one or more of such persons do any act to
effect the object of the conspiracy, each of the parties to such
conspiracy shall be punished as provided in such subsection.''.
(k) Damaging or Destroying an Interstate Gas or Hazardous Liquid
Pipeline Facility.--Section 60123(b) of title 49, United States Code,
is amended--
(1) by striking ``, or attempting to damage or destroy,''; and
(2) by inserting ``, or attempting or conspiring to do such an
act,'' before ``shall be fined''.
SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.
Section 3583 of title 18, United States Code, is amended by adding
at the end the following:
``(j) Supervised Release Terms for Terrorism Predicates.--
Notwithstanding subsection (b), the authorized term of supervised
release for any offense listed in section 2332b(g)(5)(B), the
commission of which resulted in, or created a foreseeable risk of,
death or serious bodily injury to another person, is any term of years
or life.''.
SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING ACTIVITY.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or (F)'' and inserting ``(F)''; and
(2) by inserting before the semicolon at the end the following:
``, or (G) any act that is indictable under any provision listed in
section 2332b(g)(5)(B)''.
SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.
(a) Clarification of Protection of Protected Computers.--Section
1030(a)(5) of title 18, United States Code, is amended--
(1) by inserting ``(i)'' after ``(A)'';
(2) by redesignating subparagraphs (B) and (C) as clauses (ii)
and (iii), respectively;
(3) by adding ``and'' at the end of clause (iii), as so
redesignated; and
(4) by adding at the end the following:
``(B) by conduct described in clause (i), (ii), or (iii) of
subparagraph (A), caused (or, in the case of an attempted
offense, would, if completed, have caused)--
``(i) loss to 1 or more persons during any 1-year
period (and, for purposes of an investigation, prosecution,
or other proceeding brought by the United States only, loss
resulting from a related course of conduct affecting 1 or
more other protected computers) aggregating at least $5,000
in value;
``(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of 1 or more individuals;
``(iii) physical injury to any person;
``(iv) a threat to public health or safety; or
``(v) damage affecting a computer system used by or for
a government entity in furtherance of the administration of
justice, national defense, or national security;''.
(b) Protection From Extortion.--Section 1030(a)(7) of title 18,
United States Code, is amended by striking ``, firm, association,
educational institution, financial institution, government entity, or
other legal entity,''.
(c) Penalties.--Section 1030(c) of title 18, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A) --
(i) by inserting ``except as provided in subparagraph
(B),'' before ``a fine'';
(ii) by striking ``(a)(5)(C)'' and inserting
``(a)(5)(A)(iii)''; and
(iii) by striking ``and' at the end;
(B) in subparagraph (B), by inserting ``or an attempt to
commit an offense punishable under this subparagraph,'' after
``subsection (a)(2),'' in the matter preceding clause (i); and
(C) in subparagraph (C), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) by striking ``, (a)(5)(A), (a)(5)(B),'' both places it
appears; and
(B) by striking ``(a)(5)(C)'' and inserting
``(a)(5)(A)(iii)''; and
(3) by adding at the end the following:
``(4)(A) a fine under this title, imprisonment for not more
than 10 years, or both, in the case of an offense under subsection
(a)(5)(A)(i), or an attempt to commit an offense punishable under
that subsection;
``(B) a fine under this title, imprisonment for not more than 5
years, or both, in the case of an offense under subsection
(a)(5)(A)(ii), or an attempt to commit an offense punishable under
that subsection;
``(C) a fine under this title, imprisonment for not more than
20 years, or both, in the case of an offense under subsection
(a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense
punishable under either subsection, that occurs after a conviction
for another offense under this section.''.
(d) Definitions.--Section 1030(e) of title 18, United States Code
is amended--
(1) in paragraph (2)(B), by inserting ``, including a computer
located outside the United States that is used in a manner that
affects interstate or foreign commerce or communication of the
United States'' before the semicolon;
(2) in paragraph (7), by striking ``and'' at the end;
(3) by striking paragraph (8) and inserting the following:
``(8) the term `damage' means any impairment to the integrity
or availability of data, a program, a system, or information;'';
(4) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(5) by adding at the end the following:
``(10) the term `conviction' shall include a conviction under
the law of any State for a crime punishable by imprisonment for
more than 1 year, an element of which is unauthorized access, or
exceeding authorized access, to a computer;
``(11) the term `loss' means any reasonable cost to any victim,
including the cost of responding to an offense, conducting a damage
assessment, and restoring the data, program, system, or information
to its condition prior to the offense, and any revenue lost, cost
incurred, or other consequential damages incurred because of
interruption of service; and
``(12) the term `person' means any individual, firm,
corporation, educational institution, financial institution,
governmental entity, or legal or other entity.''.
(e) Damages in Civil Actions.--Section 1030(g) of title 18, United
States Code is amended--
(1) by striking the second sentence and inserting the
following: ``A civil action for a violation of this section may be
brought only if the conduct involves 1 of the factors set forth in
clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B).
Damages for a violation involving only conduct described in
subsection (a)(5)(B)(i) are limited to economic damages.''; and
(2) by adding at the end the following: ``No action may be
brought under this subsection for the negligent design or
manufacture of computer hardware, computer software, or
firmware.''.
(f) Amendment of Sentencing Guidelines Relating to Certain Computer
Fraud and Abuse.--Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing Commission
shall amend the Federal sentencing guidelines to ensure that any
individual convicted of a violation of section 1030 of title 18, United
States Code, can be subjected to appropriate penalties, without regard
to any mandatory minimum term of imprisonment.
SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING
RECORDS IN RESPONSE TO GOVERNMENT REQUESTS.
Section 2707(e)(1) of title 18, United States Code, is amended by
inserting after ``or statutory authorization'' the following:
``(including a request of a governmental entity under section 2703(f)
of this title)''.
SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC
CAPABILITIES.
(a) In General.--The Attorney General shall establish such regional
computer forensic laboratories as the Attorney General considers
appropriate, and provide support to existing computer forensic
laboratories, in order that all such computer forensic laboratories
have the capability--
(1) to provide forensic examinations with respect to seized or
intercepted computer evidence relating to criminal activity
(including cyberterrorism);
(2) to provide training and education for Federal, State, and
local law enforcement personnel and prosecutors regarding
investigations, forensic analyses, and prosecutions of computer-
related crime (including cyberterrorism);
(3) to assist Federal, State, and local law enforcement in
enforcing Federal, State, and local criminal laws relating to
computer-related crime;
(4) to facilitate and promote the sharing of Federal law
enforcement expertise and information about the investigation,
analysis, and prosecution of computer-related crime with State and
local law enforcement personnel and prosecutors, including the use
of multijurisdictional task forces; and
(5) to carry out such other activities as the Attorney General
considers appropriate.
(b) Authorization of Appropriations.--
(1) Authorization.--There is hereby authorized to be
appropriated in each fiscal year $50,000,000 for purposes of
carrying out this section.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until expended.
SEC. 817. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.
Chapter 10 of title 18, United States Code, is amended--
(1) in section 175--
(A) in subsection (b)--
(i) by striking ``does not include'' and inserting
``includes'';
(ii) by inserting ``other than'' after ``system for'';
and
(iii) by inserting ``bona fide research'' after
``protective'';
(B) by redesignating subsection (b) as subsection (c); and
(C) by inserting after subsection (a) the following:
``(b) Additional Offense.--Whoever knowingly possesses any
biological agent, toxin, or delivery system of a type or in a quantity
that, under the circumstances, is not reasonably justified by a
prophylactic, protective, bona fide research, or other peaceful
purpose, shall be fined under this title, imprisoned not more than 10
years, or both. In this subsection, the terms `biological agent' and
`toxin' do not encompass any biological agent or toxin that is in its
naturally occurring environment, if the biological agent or toxin has
not been cultivated, collected, or otherwise extracted from its natural
source.'';
(2) by inserting after section 175a the following:
``SEC. 175B. POSSESSION BY RESTRICTED PERSONS.
``(a) No restricted person described in subsection (b) shall ship
or transport interstate or foreign commerce, or possess in or affecting
commerce, any biological agent or toxin, or receive any biological
agent or toxin that has been shipped or transported in interstate or
foreign commerce, if the biological agent or toxin is listed as a
select agent in subsection (j) of section 72.6 of title 42, Code of
Federal Regulations, pursuant to section 511(d)(l) of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law 104-132), and is
not exempted under subsection (h) of such section 72.6, or appendix A
of part 72 of the Code of Regulations.
``(b) In this section:
``(1) The term `select agent' does not include any such
biological agent or toxin that is in its naturally-occurring
environment, if the biological agent or toxin has not been
cultivated, collected, or otherwise extracted from its natural
source.
``(2) The term `restricted person' means an individual who--
``(A) is under indictment for a crime punishable by
imprisonment for a term exceeding 1 year;
``(B) has been convicted in any court of a crime punishable
by imprisonment for a term exceeding 1 year;
``(C) is a fugitive from justice;
``(D) is an unlawful user of any controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802));
``(E) is an alien illegally or unlawfully in the United
States;
``(F) has been adjudicated as a mental defective or has
been committed to any mental institution;
``(G) is an alien (other than an alien lawfully admitted
for permanent residence) who is a national of a country as to
which the Secretary of State, pursuant to section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),
section 620A of chapter 1 of part M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371), or section 40(d) of chapter 3 of
the Arms Export Control Act (22 U.S.C. 2780(d)), has made a
determination (that remains in effect) that such country has
repeatedly provided support for acts of international
terrorism; or
``(H) has been discharged from the Armed Services of the
United States under dishonorable conditions.
``(3) The term `alien' has the same meaning as in section
1010(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)).
``(4) The term `lawfully admitted for permanent residence' has
the same meaning as in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).
``(c) Whoever knowingly violates this section shall be fined as
provided in this title, imprisoned not more than 10 years, or both, but
the prohibition contained in this section shall not apply with respect
to any duly authorized United States governmental activity.''; and
(3) in the chapter analysis, by inserting after the item
relating to section 175a the following:
``175b. Possession by restricted persons.''.
TITLE IX--IMPROVED INTELLIGENCE
SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE
REGARDING FOREIGN INTELLIGENCE COLLECTED UNDER FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-
3(c)) is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs (7)
and (8), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) establish requirements and priorities for foreign
intelligence information to be collected under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and
provide assistance to the Attorney General to ensure that
information derived from electronic surveillance or physical
searches under that Act is disseminated so it may be used
efficiently and effectively for foreign intelligence purposes,
except that the Director shall have no authority to direct, manage,
or undertake electronic surveillance or physical search operations
pursuant to that Act unless otherwise authorized by statute or
Executive order;''.
SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES WITHIN SCOPE
OF FOREIGN INTELLIGENCE UNDER NATIONAL SECURITY ACT OF
1947.
Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is
amended--
(1) in paragraph (2), by inserting before the period the
following: ``, or international terrorist activities''; and
(2) in paragraph (3), by striking ``and activities conducted''
and inserting ``, and activities conducted,''.
SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND MAINTENANCE OF
INTELLIGENCE RELATIONSHIPS TO ACQUIRE INFORMATION ON
TERRORISTS AND TERRORIST ORGANIZATIONS.
It is the sense of Congress that officers and employees of the
intelligence community of the Federal Government, acting within the
course of their official duties, should be encouraged, and should make
every effort, to establish and maintain intelligence relationships with
any person, entity, or group for the purpose of engaging in lawful
intelligence activities, including the acquisition of information on
the identity, location, finances, affiliations, capabilities, plans, or
intentions of a terrorist or terrorist organization, or information on
any other person, entity, or group (including a foreign government)
engaged in harboring, comforting, financing, aiding, or assisting a
terrorist or terrorist organization.
SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS OF REPORTS
ON INTELLIGENCE AND INTELLIGENCE-RELATED MATTERS.
(a) Authority To Defer.--The Secretary of Defense, Attorney
General, and Director of Central Intelligence each may, during the
effective period of this section, defer the date of submittal to
Congress of any covered intelligence report under the jurisdiction of
such official until February 1, 2002.
(b) Covered Intelligence Report.--Except as provided in subsection
(c), for purposes of subsection (a), a covered intelligence report is
as follows:
(1) Any report on intelligence or intelligence-related
activities of the United States Government that is required to be
submitted to Congress by an element of the intelligence community
during the effective period of this section.
(2) Any report or other matter that is required to be submitted
to the Select Committee on Intelligence of the Senate and Permanent
Select Committee on Intelligence of the House of Representatives by
the Department of Defense or the Department of Justice during the
effective period of this section.
(c) Exception for Certain Reports.--For purposes of subsection (a),
any report required by section 502 or 503 of the National Security Act
of 1947 (50 U.S.C. 413a, 413b) is not a covered intelligence report.
(d) Notice to Congress.--Upon deferring the date of submittal to
Congress of a covered intelligence report under subsection (a), the
official deferring the date of submittal of the covered intelligence
report shall submit to Congress notice of the deferral. Notice of
deferral of a report shall specify the provision of law, if any, under
which the report would otherwise be submitted to Congress.
(e) Extension of Deferral.--(1) Each official specified in
subsection (a) may defer the date of submittal to Congress of a covered
intelligence report under the jurisdiction of such official to a date
after February 1, 2002, if such official submits to the committees of
Congress specified in subsection (b)(2) before February 1, 2002, a
certification that preparation and submittal of the covered
intelligence report on February 1, 2002, will impede the work of
officers or employees who are engaged in counterterrorism activities.
(2) A certification under paragraph (1) with respect to a covered
intelligence report shall specify the date on which the covered
intelligence report will be submitted to Congress.
(f) Effective Period.--The effective period of this section is the
period beginning on the date of the enactment of this Act and ending on
February 1, 2002.
(g) Element of the Intelligence Community Defined.--In this
section, the term ``element of the intelligence community'' means any
element of the intelligence community specified or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF FOREIGN
INTELLIGENCE-RELATED INFORMATION WITH RESPECT TO CRIMINAL
INVESTIGATIONS.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended--
(1) by redesignating subsection 105B as section 105C; and
(2) by inserting after section 105A the following new section
105B:
``disclosure of foreign intelligence acquired in criminal
investigations; notice of criminal investigations of foreign
intelligence sources
``Sec. 105B. (a) Disclosure of Foreign Intelligence.--(1) Except as
otherwise provided by law and subject to paragraph (2), the Attorney
General, or the head of any other department or agency of the Federal
Government with law enforcement responsibilities, shall expeditiously
disclose to the Director of Central Intelligence, pursuant to
guidelines developed by the Attorney General in consultation with the
Director, foreign intelligence acquired by an element of the Department
of Justice or an element of such department or agency, as the case may
be, in the course of a criminal investigation.
``(2) The Attorney General by regulation and in consultation with
the Director of Central Intelligence may provide for exceptions to the
applicability of paragraph (1) for one or more classes of foreign
intelligence, or foreign intelligence with respect to one or more
targets or matters, if the Attorney General determines that disclosure
of such foreign intelligence under that paragraph would jeopardize an
ongoing law enforcement investigation or impair other significant law
enforcement interests.
``(b) Procedures for Notice of Criminal Investigations.--Not later
than 180 days after the date of enactment of this section, the Attorney
General, in consultation with the Director of Central Intelligence,
shall develop guidelines to ensure that after receipt of a report from
an element of the intelligence community of activity of a foreign
intelligence source or potential foreign intelligence source that may
warrant investigation as criminal activity, the Attorney General
provides notice to the Director of Central Intelligence, within a
reasonable period of time, of his intention to commence, or decline to
commence, a criminal investigation of such activity.
``(c) Procedures.--The Attorney General shall develop procedures
for the administration of this section, including the disclosure of
foreign intelligence by elements of the Department of Justice, and
elements of other departments and agencies of the Federal Government,
under subsection (a) and the provision of notice with respect to
criminal investigations under subsection (b).''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by striking the item relating to section 105B
and inserting the following new items:
``Sec. 105B. Disclosure of foreign intelligence acquired in criminal
investigations; notice of criminal investigations of foreign
intelligence sources.
``Sec. 105C. Protection of the operational files of the National Imagery
and Mapping Agency.''.
SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) Report on Reconfiguration.--Not later than February 1, 2002,
the Attorney General, the Director of Central Intelligence, and the
Secretary of the Treasury shall jointly submit to Congress a report on
the feasibility and desirability of reconfiguring the Foreign Terrorist
Asset Tracking Center and the Office of Foreign Assets Control of the
Department of the Treasury in order to establish a capability to
provide for the effective and efficient analysis and dissemination of
foreign intelligence relating to the financial capabilities and
resources of international terrorist organizations.
(b) Report Requirements.--(1) In preparing the report under
subsection (a), the Attorney General, the Secretary, and the Director
shall consider whether, and to what extent, the capacities and
resources of the Financial Crimes Enforcement Center of the Department
of the Treasury may be integrated into the capability contemplated by
the report.
(2) If the Attorney General, Secretary, and the Director determine
that it is feasible and desirable to undertake the reconfiguration
described in subsection (a) in order to establish the capability
described in that subsection, the Attorney General, the Secretary, and
the Director shall include with the report under that subsection a
detailed proposal for legislation to achieve the reconfiguration.
SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) Report on Establishment.--(1) Not later than February 1, 2002,
the Director of Central Intelligence shall, in consultation with the
Director of the Federal Bureau of Investigation, submit to the
appropriate committees of Congress a report on the establishment and
maintenance within the intelligence community of an element for
purposes of providing timely and accurate translations of foreign
intelligence for all other elements of the intelligence community. In
the report, the element shall be referred to as the ``National Virtual
Translation Center''.
(2) The report on the element described in paragraph (1) shall
discuss the use of state-of-the-art communications technology, the
integration of existing translation capabilities in the intelligence
community, and the utilization of remote-connection capacities so as to
minimize the need for a central physical facility for the element.
(b) Resources.--The report on the element required by subsection
(a) shall address the following:
(1) The assignment to the element of a staff of individuals
possessing a broad range of linguistic and translation skills
appropriate for the purposes of the element.
(2) The provision to the element of communications capabilities
and systems that are commensurate with the most current and
sophisticated communications capabilities and systems available to
other elements of intelligence community.
(3) The assurance, to the maximum extent practicable, that the
communications capabilities and systems provided to the element
will be compatible with communications capabilities and systems
utilized by the Federal Bureau of Investigation in securing timely
and accurate translations of foreign language materials for law
enforcement investigations.
(4) The development of a communications infrastructure to
ensure the efficient and secure use of the translation capabilities
of the element.
(c) Secure Communications.--The report shall include a discussion
of the creation of secure electronic communications between the element
described by subsection (a) and the other elements of the intelligence
community.
(d) Definitions.--In this section:
(1) Foreign intelligence.--The term ``foreign intelligence''
has the meaning given that term in section 3(2) of the National
Security Act of 1947 (50 U.S.C. 401a(2)).
(2) Element of the intelligence community.--The term ``element
of the intelligence community'' means any element of the
intelligence community specified or designated under section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION AND
USE OF FOREIGN INTELLIGENCE.
(a) Program Required.--The Attorney General shall, in consultation
with the Director of Central Intelligence, carry out a program to
provide appropriate training to officials described in subsection (b)
in order to assist such officials in--
(1) identifying foreign intelligence information in the course
of their duties; and
(2) utilizing foreign intelligence information in the course of
their duties, to the extent that the utilization of such
information is appropriate for such duties.
(b) Officials.--The officials provided training under subsection
(a) are, at the discretion of the Attorney General and the Director,
the following:
(1) Officials of the Federal Government who are not ordinarily
engaged in the collection, dissemination, and use of foreign
intelligence in the performance of their duties.
(2) Officials of State and local governments who encounter, or
may encounter in the course of a terrorist event, foreign
intelligence in the performance of their duties.
(c) Authorization of Appropriations.--There is hereby authorized to
be appropriated for the Department of Justice such sums as may be
necessary for purposes of carrying out the program required by
subsection (a).
TITLE X--MISCELLANEOUS
SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE.
The Inspector General of the Department of Justice shall designate
one official who shall--
(1) review information and receive complaints alleging abuses
of civil rights and civil liberties by employees and officials of
the Department of Justice;
(2) make public through the Internet, radio, television, and
newspaper advertisements information on the responsibilities and
functions of, and how to contact, the official; and
(3) submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate on
a semi-annual basis a report on the implementation of this
subsection and detailing any abuses described in paragraph (1),
including a description of the use of funds appropriations used to
carry out this subsection.
SEC. 1002. SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) all Americans are united in condemning, in the strongest
possible terms, the terrorists who planned and carried out the
attacks against the United States on September 11, 2001, and in
pursuing all those responsible for those attacks and their sponsors
until they are brought to justice;
(2) Sikh-Americans form a vibrant, peaceful, and law-abiding
part of America's people;
(3) approximately 500,000 Sikhs reside in the United States and
are a vital part of the Nation;
(4) Sikh-Americans stand resolutely in support of the
commitment of our Government to bring the terrorists and those that
harbor them to justice;
(5) the Sikh faith is a distinct religion with a distinct
religious and ethnic identity that has its own places of worship
and a distinct holy text and religious tenets;
(6) many Sikh-Americans, who are easily recognizable by their
turbans and beards, which are required articles of their faith,
have suffered both verbal and physical assaults as a result of
misguided anger toward Arab-Americans and Muslim-Americans in the
wake of the September 11, 2001 terrorist attack;
(7) Sikh-Americans, as do all Americans, condemn acts of
prejudice against any American; and
(8) Congress is seriously concerned by the number of crimes
against Sikh-Americans and other Americans all across the Nation
that have been reported in the wake of the tragic events that
unfolded on September 11, 2001.
(b) Sense of Congress.--Congress--
(1) declares that, in the quest to identify, locate, and bring
to justice the perpetrators and sponsors of the terrorist attacks
on the United States on September 11, 2001, the civil rights and
civil liberties of all Americans, including Sikh-Americans, should
be protected;
(2) condemns bigotry and any acts of violence or discrimination
against any Americans, including Sikh-Americans;
(3) calls upon local and Federal law enforcement authorities to
work to prevent crimes against all Americans, including Sikh-
Americans; and
(4) calls upon local and Federal law enforcement authorities to
prosecute to the fullest extent of the law all those who commit
crimes.
SEC. 1003. DEFINITION OF ``ELECTRONIC SURVEILLANCE''.
Section 101(f)(2) of the Foreign Intelligence Surveillance Act (50
U.S.C. 1801(f)(2)) is amended by adding at the end before the semicolon
the following: ``, but does not include the acquisition of those
communications of computer trespassers that would be permissible under
section 2511(2)(i) of title 18, United States Code''.
SEC. 1004. VENUE IN MONEY LAUNDERING CASES.
Section 1956 of title 18, United States Code, is amended by adding
at the end the following:
``(i) Venue.--(1) Except as provided in paragraph (2), a
prosecution for an offense under this section or section 1957 may be
brought in--
``(A) any district in which the financial or monetary
transaction is conducted; or
``(B) any district where a prosecution for the underlying
specified unlawful activity could be brought, if the defendant
participated in the transfer of the proceeds of the specified
unlawful activity from that district to the district where the
financial or monetary transaction is conducted.
``(2) A prosecution for an attempt or conspiracy offense under this
section or section 1957 may be brought in the district where venue
would lie for the completed offense under paragraph (1), or in any
other district where an act in furtherance of the attempt or conspiracy
took place.
``(3) For purposes of this section, a transfer of funds from 1
place to another, by wire or any other means, shall constitute a
single, continuing transaction. Any person who conducts (as that term
is defined in subsection (c)(2)) any portion of the transaction may be
charged in any district in which the transaction takes place.''.
SEC. 1005. FIRST RESPONDERS ASSISTANCE ACT.
(a) Grant Authorization.--The Attorney General shall make grants
described in subsections (b) and (c) to States and units of local
government to improve the ability of State and local law enforcement,
fire department and first responders to respond to and prevent acts of
terrorism.
(b) Terrorism Prevention Grants.--Terrorism prevention grants under
this subsection may be used for programs, projects, and other
activities to--
(1) hire additional law enforcement personnel dedicated to
intelligence gathering and analysis functions, including the
formation of full-time intelligence and analysis units;
(2) purchase technology and equipment for intelligence
gathering and analysis functions, including wire-tap, pen links,
cameras, and computer hardware and software;
(3) purchase equipment for responding to a critical incident,
including protective equipment for patrol officers such as quick
masks;
(4) purchase equipment for managing a critical incident, such
as communications equipment for improved interoperability among
surrounding jurisdictions and mobile command posts for overall
scene management; and
(5) fund technical assistance programs that emphasize
coordination among neighboring law enforcement agencies for sharing
resources, and resources coordination among law enforcement
agencies for combining intelligence gathering and analysis
functions, and the development of policy, procedures, memorandums
of understanding, and other best practices.
(c) Antiterrorism Training Grants.--Antiterrorism training grants
under this subsection may be used for programs, projects, and other
activities to address--
(1) intelligence gathering and analysis techniques;
(2) community engagement and outreach;
(3) critical incident management for all forms of terrorist
attack;
(4) threat assessment capabilities;
(5) conducting followup investigations; and
(6) stabilizing a community after a terrorist incident.
(d) Application.--
(1) In general.--Each eligible entity that desires to receive a
grant under this section shall submit an application to the
Attorney General, at such time, in such manner, and accompanied by
such additional information as the Attorney General may reasonably
require.
(2) Contents.--Each application submitted pursuant to paragraph
(1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this section.
(e) Minimum Amount.--If all applications submitted by a State or
units of local government within that State have not been funded under
this section in any fiscal year, that State, if it qualifies, and the
units of local government within that State, shall receive in that
fiscal year not less than 0.5 percent of the total amount appropriated
in that fiscal year for grants under this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 for each of the fiscal years 2003 through
2007.
SEC. 1006. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY LAUNDERING.
(a) Amendment to Immigration and Nationality Act.--Section
212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2))
is amended by adding at the end the following:
``(I) Money laundering.--Any alien--
``(i) who a consular officer or the Attorney General
knows, or has reason to believe, has engaged, is engaging,
or seeks to enter the United States to engage, in an
offense which is described in section 1956 or 1957 of title
18, United States Code (relating to laundering of monetary
instruments); or
``(ii) who a consular officer or the Attorney General
knows is, or has been, a knowing aider, abettor, assister,
conspirator, or colluder with others in an offense which is
described in such section;
is inadmissible.''.
(b) Money Laundering Watchlist.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State shall
develop, implement, and certify to the Congress that there has been
established a money laundering watchlist, which identifies individuals
worldwide who are known or suspected of money laundering, which is
readily accessible to, and shall be checked by, a consular or other
Federal official prior to the issuance of a visa or admission to the
United States. The Secretary of State shall develop and continually
update the watchlist in cooperation with the Attorney General, the
Secretary of the Treasury, and the Director of Central Intelligence.
SEC. 1007. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN SOUTH AND
CENTRAL ASIA.
In addition to amounts otherwise available to carry out section 481
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291), there is
authorized to be appropriated to the President not less than $5,000,000
for fiscal year 2002 for regional antidrug training in the Republic of
Turkey by the Drug Enforcement Administration for police, as well as
increased precursor chemical control efforts in the South and Central
Asia region.
SEC. 1008. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER SCANNING
SYSTEM WITH ACCESS TO THE FBI INTEGRATED AUTOMATED
FINGERPRINT IDENTIFICATION SYSTEM AT OVERSEAS CONSULAR
POSTS AND POINTS OF ENTRY TO THE UNITED STATES.
(a) In General.--The Attorney General, in consultation with the
Secretary of State and the Secretary of Transportation, shall conduct a
study on the feasibility of utilizing a biometric identifier
(fingerprint) scanning system, with access to the database of the
Federal Bureau of Investigation Integrated Automated Fingerprint
Identification System, at consular offices abroad and at points of
entry into the United States to enhance the ability of State Department
and immigration officials to identify aliens who may be wanted in
connection with criminal or terrorist investigations in the United
States or abroad prior to the issuance of visas or entry into the
United States.
(b) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General shall submit a report
summarizing the findings of the study authorized under subsection (a)
to the Committee on International Relations and the Committee on the
Judiciary of the House of Representatives and the Committee on Foreign
Relations and the Committee on the Judiciary of the Senate.
SEC. 1009. STUDY OF ACCESS.
(a) In General.--Not later than 120 days after enactment of this
Act, the Federal Bureau of Investigation shall study and report to
Congress on the feasibility of providing to airlines access via
computer to the names of passengers who are suspected of terrorist
activity by Federal officials.
(b) Authorization.--There are authorized to be appropriated not
more than $250,000 to carry out subsection (a).
SEC. 1010. TEMPORARY AUTHORITY TO CONTRACT WITH LOCAL AND STATE
GOVERNMENTS FOR PERFORMANCE OF SECURITY FUNCTIONS AT
UNITED STATES MILITARY INSTALLATIONS.
(a) In General.--Notwithstanding section 2465 of title 10, United
States Code, during the period of time that United States armed forces
are engaged in Operation Enduring Freedom, and for the period of 180
days thereafter, funds appropriated to the Department of Defense may be
obligated and expended for the purpose of entering into contracts or
other agreements for the performance of security functions at any
military installation or facility in the United States with a
proximately located local or State government, or combination of such
governments, whether or not any such government is obligated to provide
such services to the general public without compensation.
(b) Training.--Any contract or agreement entered into under this
section shall prescribe standards for the training and other
qualifications of local government law enforcement personnel who
perform security functions under this section in accordance with
criteria established by the Secretary of the service concerned.
(c) Report.--One year after the date of enactment of this section,
the Secretary of Defense shall submit a report to the Committees on
Armed Services of the Senate and the House of Representatives
describing the use of the authority granted under this section and the
use by the Department of Defense of other means to improve the
performance of security functions on military installations and
facilities located within the United States.
SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS.
(a) Short Title.--This section may be cited as the ``Crimes Against
Charitable Americans Act of 2001''.
(b) Telemarketing and Consumer Fraud Abuse.--The Telemarketing and
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.) is
amended--
(1) in section 3(a)(2), by inserting after ``practices'' the
second place it appears the following: ``which shall include
fraudulent charitable solicitations, and'';
(2) in section 3(a)(3)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) a requirement that any person engaged in
telemarketing for the solicitation of charitable contributions,
donations, or gifts of money or any other thing of value, shall
promptly and clearly disclose to the person receiving the call
that the purpose of the call is to solicit charitable
contributions, donations, or gifts, and make such other
disclosures as the Commission considers appropriate, including
the name and mailing address of the charitable organization on
behalf of which the solicitation is made.''; and
(3) in section 7(4), by inserting ``, or a charitable
contribution, donation, or gift of money or any other thing of
value,'' after ``services''.
(c) Red Cross Members or Agents.--Section 917 of title 18, United
States Code, is amended by striking ``one year'' and inserting ``5
years''.
(d) Telemarketing Fraud.--Section 2325(1) of title 18, United
States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the comma at the end and
inserting ``; or'';
(3) by inserting after subparagraph (B) the following:
``(C) a charitable contribution, donation, or gift of money
or any other thing of value,''; and
(4) in the flush language, by inserting ``or charitable
contributor, or donor'' after ``participant''.
SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.
(a) Limitation.--
(1) In general.--Chapter 51 of title 49, United States Code, is
amended by inserting after section 5103 the following new section:
``Sec. 5103a. Limitation on issuance of hazmat licenses
``(a) Limitation.--
``(1) Issuance of licenses.--A State may not issue to any
individual a license to operate a motor vehicle transporting in
commerce a hazardous material unless the Secretary of
Transportation has first determined, upon receipt of a notification
under subsection (c)(1)(B), that the individual does not pose a
security risk warranting denial of the license.
``(2) Renewals included.--For the purposes of this section, the
term `issue', with respect to a license, includes renewal of the
license.
``(b) Hazardous Materials Described.--The limitation in subsection
(a) shall apply with respect to--
``(1) any material defined as a hazardous material by the
Secretary of Transportation; and
``(2) any chemical or biological material or agent determined
by the Secretary of Health and Human Services or the Attorney
General as being a threat to the national security of the United
States.
``(c) Background Records Check.--
``(1) In general.--Upon the request of a State regarding
issuance of a license described in subsection (a)(1) to an
individual, the Attorney General--
``(A) shall carry out a background records check regarding
the individual; and
``(B) upon completing the background records check, shall
notify the Secretary of Transportation of the completion and
results of the background records check.
``(2) Scope.--A background records check regarding an
individual under this subsection shall consist of the following:
``(A) A check of the relevant criminal history data bases.
``(B) In the case of an alien, a check of the relevant data
bases to determine the status of the alien under the
immigration laws of the United States.
``(C) As appropriate, a check of the relevant international
data bases through Interpol-U.S. National Central Bureau or
other appropriate means.
``(d) Reporting Requirement.--Each State shall submit to the
Secretary of Transportation, at such time and in such manner as the
Secretary may prescribe, the name, address, and such other information
as the Secretary may require, concerning--
``(1) each alien to whom the State issues a license described
in subsection (a); and
``(2) each other individual to whom such a license is issued,
as the Secretary may require.
``(e) Alien Defined.--In this section, the term `alien' has the
meaning given the term in section 101(a)(3) of the Immigration and
Nationality Act.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 5103 the following new item:
``5103a. Limitation on issuance of hazmat licenses.''.
(b) Regulation of Driver Fitness.--Section 31305(a)(5) of title 49,
United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by inserting ``and'' at the end of subparagraph (B); and
(3) by adding at the end the following new subparagraph:
``(C) is licensed by a State to operate the vehicle after
having first been determined under section 5103a of this title
as not posing a security risk warranting denial of the
license.''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Transportation and the Department of
Justice such amounts as may be necessary to carry out section 5103a of
title 49, United States Code, as added by subsection (a).
SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING THE PROVISION
OF FUNDING FOR BIOTERRORISM PREPAREDNESS AND RESPONSE.
(a) Findings.--The Senate finds the following:
(1) Additional steps must be taken to better prepare the United
States to respond to potential bioterrorism attacks.
(2) The threat of a bioterrorist attack is still remote, but is
increasing for a variety of reasons, including--
(A) public pronouncements by Osama bin Laden that it is his
religious duty to acquire weapons of mass destruction,
including chemical and biological weapons;
(B) the callous disregard for innocent human life as
demonstrated by the terrorists' attacks of September 11, 2001;
(C) the resources and motivation of known terrorists and
their sponsors and supporters to use biological warfare;
(D) recent scientific and technological advances in agent
delivery technology such as aerosolization that have made
weaponization of certain germs much easier; and
(E) the increasing access to the technologies and expertise
necessary to construct and deploy chemical and biological
weapons of mass destruction.
(3) Coordination of Federal, State, and local terrorism
research, preparedness, and response programs must be improved.
(4) States, local areas, and public health officials must have
enhanced resources and expertise in order to respond to a potential
bioterrorist attack.
(5) National, State, and local communication capacities must be
enhanced to combat the spread of chemical and biological illness.
(6) Greater resources must be provided to increase the capacity
of hospitals and local health care workers to respond to public
health threats.
(7) Health care professionals must be better trained to
recognize, diagnose, and treat illnesses arising from biochemical
attacks.
(8) Additional supplies may be essential to increase the
readiness of the United States to respond to a bio-attack.
(9) Improvements must be made in assuring the safety of the
food supply.
(10) New vaccines and treatments are needed to assure that we
have an adequate response to a biochemical attack.
(11) Government research, preparedness, and response programs
need to utilize private sector expertise and resources.
(12) Now is the time to strengthen our public health system and
ensure that the United States is adequately prepared to respond to
potential bioterrorist attacks, natural infectious disease
outbreaks, and other challenges and potential threats to the public
health.
(b) Sense of the Senate.--It is the sense of the Senate that the
United States should make a substantial new investment this year toward
the following:
(1) Improving State and local preparedness capabilities by
upgrading State and local surveillance epidemiology, assisting in
the development of response plans, assuring adequate staffing and
training of health professionals to diagnose and care for victims
of bioterrorism, extending the electronics communications networks
and training personnel, and improving public health laboratories.
(2) Improving hospital response capabilities by assisting
hospitals in developing plans for a bioterrorist attack and
improving the surge capacity of hospitals.
(3) Upgrading the bioterrorism capabilities of the Centers for
Disease Control and Prevention through improving rapid
identification and health early warning systems.
(4) Improving disaster response medical systems, such as the
National Disaster Medical System and the Metropolitan Medical
Response System and Epidemic Intelligence Service.
(5) Targeting research to assist with the development of
appropriate therapeutics and vaccines for likely bioterrorist
agents and assisting with expedited drug and device review through
the Food and Drug Administration.
(6) Improving the National Pharmaceutical Stockpile program by
increasing the amount of necessary therapies (including smallpox
vaccines and other post-exposure vaccines) and ensuring the
appropriate deployment of stockpiles.
(7) Targeting activities to increase food safety at the Food
and Drug Administration.
(8) Increasing international cooperation to secure dangerous
biological agents, increase surveillance, and retrain biological
warfare specialists.
SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS
SUPPORT.
(a) In General.--The Office for State and Local Domestic
Preparedness Support of the Office of Justice Programs shall make a
grant to each State, which shall be used by the State, in conjunction
with units of local government, to enhance the capability of State and
local jurisdictions to prepare for and respond to terrorist acts
including events of terrorism involving weapons of mass destruction and
biological, nuclear, radiological, incendiary, chemical, and explosive
devices.
(b) Use of Grant Amounts.--Grants under this section may be used to
purchase needed equipment and to provide training and technical
assistance to State and local first responders.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section such sums as necessary for each of fiscal
years 2002 through 2007.
(2) Limitations.--Of the amount made available to carry out
this section in any fiscal year not more than 3 percent may be used
by the Attorney General for salaries and administrative expenses.
(3) Minimum amount.--Each State shall be allocated in each
fiscal year under this section not less than 0.75 percent of the
total amount appropriated in the fiscal year for grants pursuant to
this section, except that the United States Virgin Islands, America
Samoa, Guam, and the Northern Mariana Islands each shall be
allocated 0.25 percent.
SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE CRIME IDENTIFICATION
TECHNOLOGY ACT FOR ANTITERRORISM GRANTS TO STATES AND
LOCALITIES.
Section 102 of the Crime Identification Technology Act of 1998 (42
U.S.C. 14601) is amended--
(1) in subsection (b)--
(A) in paragraph (16), by striking ``and'' at the end;
(B) in paragraph (17), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(18) notwithstanding subsection (c), antiterrorism purposes
as they relate to any other uses under this section or for other
antiterrorism programs.''; and
(2) in subsection (e)(1), by striking ``this section'' and all
that follows and inserting ``this section $250,000,000 for each of
fiscal years 2002 through 2007.''.
SEC. 1016. CRITICAL INFRASTRUCTURES PROTECTION.
(a) Short Title.--This section may be cited as the ``Critical
Infrastructures Protection Act of 2001''.
(b) Findings.--Congress makes the following findings:
(1) The information revolution has transformed the conduct of
business and the operations of government as well as the
infrastructure relied upon for the defense and national security of
the United States.
(2) Private business, government, and the national security
apparatus increasingly depend on an interdependent network of
critical physical and information infrastructures, including
telecommunications, energy, financial services, water, and
transportation sectors.
(3) A continuous national effort is required to ensure the
reliable provision of cyber and physical infrastructure services
critical to maintaining the national defense, continuity of
government, economic prosperity, and quality of life in the United
States.
(4) This national effort requires extensive modeling and
analytic capabilities for purposes of evaluating appropriate
mechanisms to ensure the stability of these complex and
interdependent systems, and to underpin policy recommendations, so
as to achieve the continuous viability and adequate protection of
the critical infrastructure of the Nation.
(c) Policy of the United States.--It is the policy of the United
States--
(1) that any physical or virtual disruption of the operation of
the critical infrastructures of the United States be rare, brief,
geographically limited in effect, manageable, and minimally
detrimental to the economy, human and government services, and
national security of the United States;
(2) that actions necessary to achieve the policy stated in
paragraph (1) be carried out in a public-private partnership
involving corporate and non-governmental organizations; and
(3) to have in place a comprehensive and effective program to
ensure the continuity of essential Federal Government functions
under all circumstances.
(d) Establishment of National Competence for Critical
Infrastructure Protection.--
(1) Support of critical infrastructure protection and
continuity by national infrastructure simulation and analysis
center.--There shall be established the National Infrastructure
Simulation and Analysis Center (NISAC) to serve as a source of
national competence to address critical infrastructure protection
and continuity through support for activities related to
counterterrorism, threat assessment, and risk mitigation.
(2) Particular support.--The support provided under paragraph
(1) shall include the following:
(A) Modeling, simulation, and analysis of the systems
comprising critical infrastructures, including cyber
infrastructure, telecommunications infrastructure, and physical
infrastructure, in order to enhance understanding of the large-
scale complexity of such systems and to facilitate modification
of such systems to mitigate the threats to such systems and to
critical infrastructures generally.
(B) Acquisition from State and local governments and the
private sector of data necessary to create and maintain models
of such systems and of critical infrastructures generally.
(C) Utilization of modeling, simulation, and analysis under
subparagraph (A) to provide education and training to
policymakers on matters relating to--
(i) the analysis conducted under that subparagraph;
(ii) the implications of unintended or unintentional
disturbances to critical infrastructures; and
(iii) responses to incidents or crises involving
critical infrastructures, including the continuity of
government and private sector activities through and after
such incidents or crises.
(D) Utilization of modeling, simulation, and analysis under
subparagraph (A) to provide recommendations to policymakers,
and to departments and agencies of the Federal Government and
private sector persons and entities upon request, regarding
means of enhancing the stability of, and preserving, critical
infrastructures.
(3) Recipient of certain support.--Modeling, simulation, and
analysis provided under this subsection shall be provided, in
particular, to relevant Federal, State, and local entities
responsible for critical infrastructure protection and policy.
(e) Critical Infrastructure Defined.--In this section, the term
``critical infrastructure'' means systems and assets, whether physical
or virtual, so vital to the United States that the incapacity or
destruction of such systems and assets would have a debilitating impact
on security, national economic security, national public health or
safety, or any combination of those matters.
(f) Authorization of Appropriations.--There is hereby authorized
for the Department of Defense for fiscal year 2002, $20,000,000 for the
Defense Threat Reduction Agency for activities of the National
Infrastructure Simulation and Analysis Center under this section in
that fiscal year.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.