HR 3162 RDS

107th CONGRESS

1st Session

H. R. 3162

IN THE SENATE OF THE UNITED STATES

October 24, 2001

Received


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.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

TITLE II--ENHANCED SURVEILLANCE PROCEDURES

TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST FINANCING ACT OF 2001

Subtitle A--International Counter Money Laundering and Related Measures

Subtitle B--Bank Secrecy Act Amendments and Related Improvements

Subtitle C--Currency Crimes and Protection

TITLE IV--PROTECTING THE BORDER

Subtitle A--Protecting the Northern Border

Subtitle B--Enhanced Immigration Provisions

Subtitle C--Preservation of Immigration Benefits for Victims of Terrorism

TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES

Subtitle A--Aid to Families of Public Safety Officers

Subtitle B--Amendments to the Victims of Crime Act of 1984

TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION

TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

TITLE IX--IMPROVED INTELLIGENCE

TITLE X--MISCELLANEOUS

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. 2702. Voluntary disclosure of customer communications or records';

`Sec. 2703. Required disclosure of customer communications or records';

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. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.

`SEC. 502. CONGRESSIONAL OVERSIGHT.

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. 2712. Civil actions against the United States

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. 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.

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. 5319. Availability of reports

`Sec. 626. Disclosures to governmental agencies for counterterrorism purposes

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. 310. 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. 5331. 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. 5332. Bulk cash smuggling into or out of the United States

SEC. 372. FORFEITURE IN CURRENCY REPORTING CASES.

SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.

`Sec. 1960. Prohibition of unlicensed 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.

`(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,';

`(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;

`(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

`(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.

SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW.

`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. 1993. Terrorist attacks and other acts of violence against mass transportation systems

SEC. 802. DEFINITION OF DOMESTIC TERRORISM.

SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

`Sec. 2339. Harboring or concealing 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. 3286. Extension of statute of limitation for certain terrorism offenses

SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.

SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.

SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.

SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING ACTIVITY.

SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.

SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING RECORDS IN RESPONSE TO GOVERNMENT REQUESTS.

SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC CAPABILITIES.

SEC. 817. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.

`SEC. 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.

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.

`DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN CRIMINAL INVESTIGATIONS; NOTICE OF CRIMINAL INVESTIGATIONS OF FOREIGN INTELLIGENCE SOURCES

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. 5103a. 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.

Passed the House of Representatives October 24, 2001.

Attest:

JEFF TRANDAHL,

Clerk.

END