Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 - Title I: Enhancing Domestic
Security Against Terrorism - Establishes in the Treasury
the Counterterrorism Fund.
(Sec. 102) Expresses the sense of Congress
that: (1) the civil rights and liberties of all Americans,
including Arab Americans, 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) Authorizes appropriations for
the Federal Bureau of Investigation's (FBI) Technical Support
Center.
(Sec. 104) Authorizes the Attorney General
to request the Secretary of Defense to provide assistance
in support of Department of Justice (DOJ) activities relating
to the enforcement of Federal criminal code (code) provisions
regarding the use of weapons of mass destruction during
an emergency situation involving a weapon (currently, chemical
weapon) of mass destruction.
(Sec. 105) Requires the Director of the
U.S. Secret Service to take actions to develop a national
network of electronic crime task forces throughout the United
States to prevent, detect, and investigate various forms
of electronic crimes, including potential terrorist attacks
against critical infrastructure and financial payment systems.
(Sec. 106) Modifies provisions relating
to presidential authority under the International Emergency
Powers Act to: (1) authorize the President, when the United
States is engaged in armed hostilities or has been attacked
by a foreign country or foreign nationals, to confiscate
any property subject to U.S. jurisdiction of a foreign person,
organization, or country that he determines has planned,
authorized, aided, or engaged in such hostilities or attacks
(the rights to which shall vest in such agency or person
as the President may designate); and (2) provide that, in
any judicial review of a determination made under such provisions,
if the determination was based on classified information
such information may be submitted to the reviewing court
ex parte and in camera.
Title II: Enhanced Surveillance Procedures
- Amends the Federal criminal code to authorize the interception
of wire, oral, and electronic communications for the production
of evidence of: (1) specified chemical weapons or terrorism
offenses; and (2) computer fraud and abuse.
(Sec. 203) Amends rule 6 of the Federal
Rules of Criminal Procedure (FRCrP) to permit the sharing
of grand jury information that involves foreign intelligence
or counterintelligence with Federal law enforcement, intelligence,
protective, immigration, national defense, or national security
officials (such officials), subject to specified requirements.
Authorizes an investigative or law enforcement
officer, or an attorney for the Government, who, by authorized
means, has obtained knowledge of the contents of any wire,
oral, or electronic communication or evidence derived therefrom
to disclose such contents to such officials to the extent
that such contents include foreign intelligence or counterintelligence.
Directs the Attorney General to establish
procedures for the disclosure of information (pursuant to
the code and the FRCrP) that identifies a United States
person, as defined in the Foreign Intelligence Surveillance
Act of 1978 (FISA).
Authorizes the disclosure of foreign intelligence
or counterintelligence obtained as part of a criminal investigation
to such officials.
(Sec. 204) Clarifies that nothing in code
provisions regarding pen registers shall be deemed to affect
the acquisition by the Government of specified foreign intelligence
information, and that procedures under FISA shall be the
exclusive means by which electronic surveillance and the
interception of domestic wire and oral (current law) and
electronic communications may be conducted.
(Sec. 205) Authorizes the Director of the
FBI to expedite the employment of personnel as translators
to support counter-terrorism investigations and operations
without regard to applicable Federal personnel requirements.
Requires: (1) the Director to establish such security requirements
as necessary for such personnel; and (2) the Attorney General
to report to the House and Senate Judiciary Committees regarding
translators.
(Sec. 206) Grants roving surveillance authority
under FISA after requiring a court order approving an electronic
surveillance to direct any person to furnish necessary information,
facilities, or technical assistance in circumstances where
the Court finds that the actions of the surveillance target
may have the effect of thwarting the identification of a
specified person.
(Sec. 207) Increases the duration of FISA
surveillance permitted for non-U.S. persons who are agents
of a foreign power.
(Sec. 208) Increases (from seven to 11)
the number of district court judges designated to hear applications
for and grant orders approving electronic surveillance.
Requires that no fewer than three reside within 20 miles
of the District of Columbia.
(Sec. 209) Permits the seizure of voice-mail
messages under a warrant.
(Sec. 210) Expands the scope of subpoenas
for records of electronic communications to include the
length and types of service utilized, temporarily assigned
network addresses, and the means and source of payment (including
any credit card or bank account number).
(Sec. 211) Amends the Communications Act
of 1934 to permit specified disclosures to Government entities,
except for records revealing cable subscriber selection
of video programming from a cable operator.
(Sec. 212) Permits electronic communication
and remote computing service providers to make emergency
disclosures to a governmental entity of customer electronic
communications to protect life and limb.
(Sec. 213) Authorizes Federal district courts
to allow a delay of required notices of the execution of
a warrant if immediate notice may have an adverse result
and under other specified circumstances.
(Sec. 214) Prohibits use of a pen register
or trap and trace devices in any investigation to protect
against international terrorism or clandestine intelligence
activities that is conducted solely on the basis of activities
protected by the first amendment to the U.S. Constitution.
(Sec. 215) Authorizes the Director of the
FBI (or designee) to apply for a court order requiring production
of certain business records for foreign intelligence and
international terrorism investigations. Requires the Attorney
General to report to the House and Senate Intelligence and
Judiciary Committees semi-annually.
(Sec. 216) Amends the code to: (1) require
a trap and trace device to restrict recoding or decoding
so as not to include the contents of a wire or electronic
communication; (2) apply a court order for a pen register
or trap and trace devices to any person or entity providing
wire or electronic communication service in the United States
whose assistance may facilitate execution of the order;
(3) require specified records kept on any pen register or
trap and trace device on a packet-switched data network
of a provider of electronic communication service to the
public; and (4) allow a trap and trace device to identify
the source (but not the contents) of a wire or electronic
communication.
(Sec. 217) Makes it lawful to intercept
the wire or electronic communication of a computer trespasser
in certain circumstances.
(Sec. 218) Amends FISA to require an application
for an electronic surveillance order or search warrant to
certify that a significant purpose (currently, the sole
or main purpose) of the surveillance is to obtain foreign
intelligence information.
(Sec. 219) Amends rule 41 of the FRCrP to
permit Federal magistrate judges in any district in which
terrorism-related activities may have occurred to issue
search warrants for searches within or outside the district.
(Sec. 220) Provides for nationwide service
of search warrants for electronic evidence.
(Sec. 221) Amends the Trade Sanctions Reform
and Export Enhancement Act of 2000 to extend trade sanctions
to the territory of Afghanistan controlled by the Taliban.
(Sec. 222) Specifies that: (1) 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; and (2) a provider of such service, and a landlord,
custodian, or other person who furnishes such facilities
or technical assistance, shall be reasonably compensated
for such reasonable expenditures incurred in providing such
facilities or assistance.
(Sec. 223) Amends the Federal criminal code
to provide for administrative discipline of Federal officers
or employees who violate prohibitions against unauthorized
disclosures of information gathered under this Act. Provides
for civil actions against the United States for damages
by any person aggrieved by such violations.
(Sec. 224) Terminates this title on December
31, 2005, except with respect to any particular foreign
intelligence investigation beginning before that date, or
any particular offense or potential offense that began or
occurred before it.
(Sec. 225) Amends the Foreign Intelligence
Surveillance Act of 1978 to prohibit a cause of action in
any court against a provider of a wire or electronic communication
service, landlord, custodian, or any other person that furnishes
any information, facilities, or technical assistance in
accordance with a court order or request for emergency assistance
under such Act (for example, with respect to a wiretap).
Title III: International Money Laundering
Abatement and Anti-Terrorist Financing Act of 2001 -
International Money Laundering Abatement and Financial Anti-Terrorism
Act of 2001- Sunsets this Act after the first day of FY
2005 if Congress enacts a specified joint resolution to
that effect.
Subtitle A: International Counter Money
Laundering and Related Measures - Amends Federal law
governing monetary transactions to prescribe procedural
guidelines under which the Secretary of the Treasury (the
Secretary) may require domestic financial institutions and
agencies to take specified measures if the Secretary finds
that reasonable grounds exist for concluding that jurisdictions,
financia1 institutions, types of accounts, or transactions
operating outside or within the United States, are of primary
money laundering concern. Includes mandatory disclosure
of specified information relating to certain correspondent
accounts.
(Sec. 312) Mandates establishment of due
diligence mechanisms to detect and report money laundering
transactions through private banking accounts and correspondent
accounts.
(Sec. 313) Prohibits U.S. correspondent
accounts with foreign shell banks.
(Sec. 314) Instructs the Secretary to 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. Authorizes such regulations
to create procedures for cooperation and information sharing
on matters specifically related to the finances of terrorist
groups as well as their relationships with international
narcotics traffickers.
Requires the Secretary to distribute annually
to financial institutions a detailed analysis identifying
patterns of suspicious activity and other investigative
insights derived from suspicious activity reports and investigations
by Federal, State, and local law enforcement agencies.
(Sec. 315) Amends Federal criminal law to
include foreign corruption offenses as money laundering
crimes.
(Sec. 316) Establishes the right of property
owners to contest confiscation of property under law relating
to confiscation of assets of suspected terrorists.
(Sec. 317) Establishes Federal jurisdiction
over: (1) foreign money launderers (including their assets
held in the United States); and (2) money that is laundered
through a foreign bank.
(Sec. 319) Authorizes the forfeiture of
money laundering funds from interbank accounts. Requires
a covered financial institution, upon request of the appropriate
Federal banking agency, to make available within 120 hours
all pertinent information related to anti-money laundering
compliance by the institution or its customer. Grants the
Secretary summons and subpoena powers over foreign banks
that maintain a correspondent bank in the United States.
Requires a covered financial institution to terminate within
ten business days any correspondent relationship with a
foreign bank after receipt of written notice that the foreign
bank has failed to comply with certain judicial proceedings.
Sets forth civil penalties for failure to terminate such
relationship.
(Sec. 321) Subjects to record and report
requirements for monetary instrument transactions: (1) any
credit union; and (2) any futures commission merchant, commodity
trading advisor, and commodity pool operator registered,
or required to register, under the Commodity Exchange Act.
(Sec. 323) Authorizes Federal application
for restraining orders to preserve the availability of property
subject to a foreign forfeiture or confiscation judgment.
(Sec. 325) Authorizes the Secretary to issue
regulations to ensure that concentration accounts of financial
institutions 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.
(Sec. 326) Directs the Secretary to issue
regulations prescribing minimum standards for financial
institutions regarding customer identity in connection with
the opening of accounts.
Requires the Secretary to report to Congress
on: (1) the most timely and effective way to require foreign
nationals to provide domestic financial institutions and
agencies with appropriate and accurate information; (2)
whether to require foreign nationals to obtain an identification
number (similar to a Social Security or tax identification
number) before opening an account with a domestic financial
institution; and (3) a system for domestic financial institutions
and agencies to review Government agency information to
verify the identities of such foreign nationals.
(Sec. 327) Amends the Bank Holding Company
Act of 1956 and the Federal Deposit Insurance Act to require
consideration of the effectiveness of a company or companies
in combating money laundering during reviews of proposed
bank shares acquisitions or mergers.
(Sec. 328) Directs the Secretary take 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. Requires annual progress
reports to specified congressional committees.
(Sec. 329) Prescribes criminal penalties
for Federal officials or employees who seek or accept bribes
in connection with administration of this title.
(Sec. 330) Urges U.S. negotiations for international
cooperation in investigations of money laundering, financial
crimes, and the finances of terrorist groups, including
record sharing by foreign banks with U.S. law enforcement
officials and domestic financial institution supervisors.
Subtitle B: Bank Secrecy Act Amendments
and Related Improvements - Amends Federal law known
as the Bank Secrecy Act to revise requirements for civil
liability immunity for voluntary financial institution disclosure
of suspicious activities. Authorizes the inclusion of suspicions
of illegal activity in written employment references.
(Sec. 352) Authorizes the Secretary to exempt
from minimum standards for anti-money laundering programs
any financial institution not subject to certain regulations
governing financial recordkeeping and reporting of currency
and foreign transactions.
(Sec. 353) Establishes civil penalties for
violations of geographic targeting orders and structuring
transactions to evade certain recordkeeping requirements.
Lengthens the effective period of geographic targeting orders
from 60 to 180 days.
(Sec. 355) Amends the Federal Deposit Insurance
Act to permit written employment references to contain suspicions
of involvement in illegal activity.
(Sec. 356) Instructs the Secretary to: (1)
promulgate regulations requiring registered securities brokers
and dealers, futures commission merchants, commodity trading
advisors, and commodity pool operators, to file reports
of suspicious financial transactions; (2) report to Congress
on the role of the Internal Revenue Service in the administration
of the Bank Secrecy Act; and (3) share monetary instruments
transactions records upon request of a U.S. intelligence
agency for use in the conduct of intelligence or counterintelligence
activities, including analysis, to protect against international
terrorism.
(Sec. 358) Amends the Right to Financial
Privacy Act to permit the transfer of financial records
to other agencies or departments upon certification that
the records are relevant to intelligence or counterintelligence
activities related to international terrorism.
Amends the Fair Credit Reporting Act to
require a consumer reporting agency to furnish all information
in a consumer's file to a government agency upon certification
that the records are relevant to intelligence or counterintelligence
activities related to international terrorism.
(Sec. 359) Subjects to mandatory records
and reports on monetary instruments transactions any licensed
sender of money or any other person who engages as a business
in the transmission of funds, including through an informal
value transfer banking system or network (e.g., hawala)
of people facilitating the transfer of money domestically
or internationally outside of the conventional financial
institutions system.
(Sec. 360) Authorizes the Secretary to instruct
the United States Executive Director of each international
financial institution to use his or her voice and vote to:
(1) support the use of funds for a country (and its institutions)
which contributes to U.S. efforts against international
terrorism; and (2) require an auditing of disbursements
to ensure that no funds are paid to persons who commit or
support terrorism.
(Sec. 361) Makes the existing Financial
Crimes Enforcement Network a bureau in the Department of
the Treasury.
(Sec. 362) Directs the Secretary to establish
a highly secure network in the Network that allows financial
institutions to file certain reports and receive alerts
and other information regarding suspicious activities warranting
immediate and enhanced scrutiny.
(Sec. 363) Increases to $1 million the maximum
civil penalties (currently $10,000) and criminal fines (currently
$250,000) for money laundering. Sets a minimum civil penalty
and criminal fine of double the amount of the illegal transaction.
(Sec. 364) Amends the Federal Reserve Act
to provide for uniform protection authority for Federal
Reserve facilities, including law enforcement officers authorized
to carry firearms and make warrantless arrests.
(Sec. 365) Amends Federal law to require
reports relating to coins and currency of more than $10,000
received in a nonfinancial trade or business.
(Sec. 366) Directs the Secretary to study
and report to Congress on: (1) the possible expansion of
the currency transaction reporting requirements exemption
system; and (2) methods for improving financial institution
utilization of the system as a way of reducing the submission
of currency transaction reports that have little or no value
for law enforcement purposes.
Subtitle C: Currency Crimes - Establishes
as a bulk cash smuggling felony the knowing concealment
and attempted transport (or transfer) across U.S. borders
of currency and monetary instruments in excess of $10,000,
with intent to evade specified currency reporting requirements.
(Sec. 372) Changes from discretionary to
mandatory a court's authority to order, as part of a criminal
sentence, forfeiture of all property involved in certain
currency reporting offenses. Leaves a court discretion to
order civil forfeitures in money laundering cases.
(Sec. 373) Amends the Federal criminal code
to revise the prohibition of unlicensed (currently, illegal)
money transmitting businesses.
(Sec. 374) Increases the criminal penalties
for counterfeiting domestic and foreign currency and obligations.
(Sec. 376) Amends the Federal criminal code
to extend the prohibition against the laundering of money
instruments to specified proceeds of terrorism.
(Sec. 377) Grants the United States extraterritorial
jurisdiction where: (1) an offense committed outside the
United States involves an access device issued, owned, managed,
or controlled by a financial institution, account issuer,
credit card system member, or other entity within U.S. jurisdiction;
and (2) the person committing the offense transports, delivers,
conveys, transfers to or through, or otherwise stores, secrets,
or holds within U.S. jurisdiction any article used to assist
in the commission of the offense or the proceeds of such
offense or property derived from it.
Title IV: Protecting the Border -
Subtitle A: Protecting the Northern Border - Authorizes
the Attorney General to waive certain Immigration and Naturalization
Service (INS) personnel caps with respect to ensuring security
needs on the Northern border.
(Sec. 402) Authorizes appropriations to:
(1) triple the number of Border Patrol, Customs Service,
and INS personnel (and support facilities) at points of
entry and along the Northern border; and (2) INS and Customs
for related border monitoring technology and equipment.
(Sec. 403) Amends the Immigration and Nationality
Act to require the Attorney General and the Federal Bureau
of Investigation (FBI) to provide the Department of State
and INS with access to specified criminal history extracts
in order to determine whether or not a visa or admissions
applicant has a criminal history. Directs the FBI to provide
periodic extract updates. Provides for confidentiality.
Directs the Attorney General and the Secretary
of State to develop a technology standard to identify visa
and admissions applicants, which shall be the basis for
an electronic system of law enforcement and intelligence
sharing system available to consular, law enforcement, intelligence,
and Federal border inspection personnel.
(Sec. 404) Amends the Department of Justice
Appropriations Act, 2001 to eliminate certain INS overtime
restrictions.
(Sec. 405) Directs the Attorney General
to report on the feasibility of enhancing the Integrated
Automated Fingerprint Identification System and other identification
systems to better identify foreign individuals in connection
with U.S. or foreign criminal investigations before issuance
of a visa to, or permitting such person's entry or exit
from, the United States. Authorizes appropriations.
Subtitle B: Enhanced Immigration Provisions
- Amends the Immigration and Nationality Act to broaden
the scope of aliens ineligible for admission or deportable
due to terrorist activities to include an alien who: (1)
is a representative of a political, social, or similar group
whose political endorsement of terrorist acts undermines
U.S. antiterrorist efforts; (2) has used a position of prominence
to endorse terrorist activity, or to persuade others to
support such activity in a way that undermines U.S. antiterrorist
efforts (or the child or spouse of such an alien under specified
circumstances); or (3) has been associated with a terrorist
organization and intends to engage in threatening activities
while in the United States.
(Sec. 411) Includes within the definition
of "terrorist activity" the use of any weapon or dangerous
device.
Redefines "engage in terrorist activity"
to mean, in an individual capacity or as a member of an
organization, to: (1) commit or to incite to commit, under
circumstances indicating an intention to cause death or
serious bodily injury, a terrorist activity; (2) prepare
or plan a terrorist activity; (3) gather information on
potential targets for terrorist activity; (4) solicit funds
or other things of value for a terrorist activity or a terrorist
organization (with an exception for lack of knowledge);
(5) solicit any individual to engage in prohibited conduct
or for terrorist organization membership (with an exception
for lack of knowledge); or (6) 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 for the commission of a terrorist activity;
to any individual who the actor knows or reasonably should
know has committed or plans to commit a terrorist activity;
or to a terrorist organization (with an exception for lack
of knowledge).
Defines "terrorist organization" as a group:
(1) designated under the Immigration and Nationality Act
or by the Secretary of State; or (2) a group of two or more
individuals, whether related or not, which engages in terrorist-related
activities.
Provides for the retroactive application
of amendments under this Act. Stipulates that an alien shall
not be considered inadmissible or deportable because of
a relationship to an organization that was not designated
as a terrorist organization prior to enactment of this Act.
States that the amendments under this section shall apply
to all aliens in exclusion or deportation proceedings on
or after the date of enactment of this Act.
Directs the Secretary of State to notify
specified congressional leaders seven days prior to designating
an organization as a terrorist organization. Provides for
organization redesignation or revocation.
(Sec. 412) Provides for mandatory detention
until removal from the United States (regardless of any
relief from removal) of an alien certified by the Attorney
General as a suspected terrorist or threat to national security.
Requires release of such alien after seven days if removal
proceedings have not commenced, or the alien has not been
charged with a criminal offense. Authorizes detention for
additional periods of up to six months of an alien not likely
to be deported in the reasonably foreseeable future only
if release will threaten U.S. national security or the safety
of the community or any person. Limits judicial review to
habeas corpus proceedings in the U.S. Supreme Court, the
U.S. Court of Appeals for the District of Columbia, or any
district court with jurisdiction to entertain a habeas corpus
petition. Restricts to the U.S. Court of Appeals for the
District of Columbia the right of appeal of any final order
by a circuit or district judge.
(Sec. 413) Authorizes the Secretary of State,
on a reciprocal basis, to share criminal- and terrorist-related
visa lookout information with foreign governments.
(Sec. 414) Declares the sense of Congress
that the Attorney General should: (1) fully implement the
integrated entry and exit data system for airports, seaports,
and land border ports of entry with all deliberate speed;
and (2) begin immediately establishing the Integrated Entry
and Exit Data System Task Force. Authorizes appropriations.
Requires the Attorney General and the Secretary
of State, in developing the integrated entry and exit data
system, to focus on the use of biometric technology and
the development of tamper-resistant documents readable at
ports of entry.
(Sec. 415) Amends the Immigration and Naturalization
Service Data Management Improvement Act of 2000 to include
the Office of Homeland Security in the Integrated Entry
and Exit Data System Task Force.
(Sec. 416) Directs the Attorney General
to implement fully and expand the foreign student monitoring
program to include other approved educational institutions
like air flight, language training, or vocational schools.
(Sec. 417) Requires audits and reports on
implementation of the mandate for machine readable passports.
(Sec. 418) Directs the Secretary of State
to: (1) review how consular officers issue visas to determine
if consular shopping is a problem; and (2) if it is a problem,
take steps to address it, and report on them to Congress.
Subtitle C: Preservation of Immigration
Benefits for Victims of Terrorism - Authorizes the Attorney
General to provide permanent resident status through the
special immigrant program to an alien (and spouse, child,
or grandparent under specified circumstances) who was the
beneficiary of a petition filed on or before September 11,
2001, to grant the alien permanent residence as an employer-sponsored
immigrant or of an application for labor certification if
the petition or application was rendered null because of
the disability of the beneficiary or loss of employment
due to physical damage to, or destruction of, the business
of the petitioner or applicant as a direct result of the
terrorist attacks on September 11, 2001 (September attacks),
or because of the death of the petitioner or applicant as
a direct result of such attacks.
(Sec. 422) States that an alien who was
legally in a nonimmigrant status and was disabled as a direct
result of the September attacks may remain in the United
States until his or her normal status termination date or
September, 11, 2002. Includes in such extension the spouse
or child of such an alien or of an alien who was killed
in such attacks. Authorizes employment during such period.
Extends specified immigration-related deadlines
and other filing requirements for an alien (and spouse and
child) who was directly prevented from meeting such requirements
as a result of the September attacks respecting: (1) nonimmigrant
status and status revision; (2) diversity immigrants; (3)
immigrant visas; (4) parolees; and (5) voluntary departure.
(Sec. 423) Waives, under specified circumstances,
the requirement that an alien spouse (and child) of a U.S.
citizen must have been married for at least two years prior
to such citizen's death in order to maintain immediate relative
status if such citizen died as a direct result of the September
attacks. Provides for: (1) continued family-sponsored immigrant
eligibility for the spouse, child, or unmarried son or daughter
of a permanent resident who died as a direct result of such
attacks; and (2) continued eligibility for adjustment of
status for the spouse and child of an employment-based immigrant
who died similarly.
(Sec. 424) Amends the Immigration and Nationality
Act to extend the visa categorization of "child" for aliens
with petitions filed on or before September 11, 2001, for
aliens whose 21st birthday is in September 2001 (90 days),
or after September 2001 (45 days).
(Sec. 425) Authorizes the Attorney General
to provide temporary administrative relief to an alien who,
as of September, 10, 2001, was lawfully in the United States
and was the spouse, parent, or child of an individual who
died or was disabled as a direct result of the September
attacks.
(Sec. 426) Directs the Attorney General
to establish evidentiary guidelines for death, disability,
and loss of employment or destruction of business in connection
with the provisions of this subtitle.
(Sec. 427) Prohibits benefits to terrorists
or their family members.
Title V: Removing Obstacles to Investigating
Terrorism - Authorizes the Attorney General to pay rewards
from available funds pursuant to public advertisements for
assistance to DOJ to combat terrorism and defend the Nation
against terrorist acts, in accordance with procedures and
regulations established or issued by the Attorney General,
subject to specified conditions, including a prohibition
against any such reward of $250,000 or more from being made
or offered without the personal approval of either the Attorney
General or the President.
(Sec. 502) Amends the State Department Basic
Authorities Act of 1956 to modify the Department of State
rewards program to authorize rewards for information leading
to: (1) the dismantling of a terrorist organization in whole
or significant part; and (2) the identification or location
of an individual who holds a key leadership position in
a terrorist organization. Raises the limit on rewards if
the Secretary State determines that a larger sum is necessary
to combat terrorism or defend the Nation against terrorist
acts.
(Sec. 503) Amends the DNA Analysis Backlog
Elimination Act of 2000 to qualify a Federal terrorism offense
for collection of DNA for identification.
(Sec. 504) Amends FISA to authorize consultation
among Federal law enforcement officers regarding information
acquired from an electronic surveillance or physical search
in terrorism and related investigations or protective measures.
(Sec. 505) Allows the FBI to request telephone
toll and transactional records, financial records, and consumer
reports in any investigation to protect against international
terrorism or clandestine intelligence activities only if
the investigation is not conducted solely on the basis of
activities protected by the first amendment to the U.S.
Constitution.
(Sec. 506) Revises U.S. Secret Service jurisdiction
with respect to fraud and related activity in connection
with computers. Grants the FBI primary authority to investigate
specified fraud and computer related activity for cases
involving espionage, foreign counter-intelligence, information
protected against unauthorized disclosure for reasons of
national defense or foreign relations, or restricted data,
except for offenses affecting Secret Service duties.
(Sec. 507) Amends the General Education
Provisions Act and the National Education Statistics Act
of 1994 to provide for disclosure of educational records
to the Attorney General in a terrorism investigation or
prosecution.
Title VI: Providing for Victims of Terrorism,
Public Safety Officers, and Their Families - Subtitle
A: Aid to Families of Public Safety Officers - Provides
for expedited payments for: (1) public safety officers involved
in the prevention, investigation, rescue, or recovery efforts
related to a terrorist attack; and (2) heroic public safety
officers. Increases Public Safety Officers Benefit Program
payments.
Subtitle B: Amendments to the Victims
of Crime Act of 1984 - Amends the Victims of Crime Act
of 1984 to: (1) revise provisions regarding the allocation
of funds for compensation and assistance, location of compensable
crime, and the relationship of crime victim compensation
to means-tested Federal benefit programs and to the September
11th victim compensation fund; and (2) establish an antiterrorism
emergency reserve in the Victims of Crime Fund.
Title VII: Increased Information Sharing
for Critical Infrastructure Protection - Amends the
Omnibus Crime Control and Safe Streets Act of 1968 to extend
Bureau of Justice Assistance regional information sharing
system grants to systems that enhance the investigation
and prosecution abilities of participating Federal, State,
and local law enforcement agencies in addressing multi-jurisdictional
terrorist conspiracies and activities. Authorizes appropriations.
Title VIII: Strengthening the Criminal
Laws Against Terrorism - Amends the Federal criminal
code to prohibit specific terrorist acts or otherwise destructive,
disruptive, or violent acts against mass transportation
vehicles, ferries, providers, employees, passengers, or
operating systems.
(Sec. 802) Amends the Federal criminal code
to: (1) revise the definition of "international terrorism"
to include activities that appear to be intended to affect
the conduct of government by mass destruction; and (2) define
"domestic terrorism" as activities that occur primarily
within U.S. jurisdiction, that involve criminal acts dangerous
to human life, and that appear to be intended to intimidate
or coerce a civilian population, to influence government
policy by intimidation or coercion, or to affect government
conduct by mass destruction, assassination, or kidnapping.
(Sec. 803) Prohibits harboring any person
knowing or having reasonable grounds to believe that such
person has committed or to be about to commit a terrorism
offense.
(Sec. 804) Establishes Federal jurisdiction
over crimes committed at U.S. facilities abroad.
(Sec. 805) Applies the prohibitions against
providing material support for terrorism to offenses outside
of the United States.
(Sec. 806) Subjects to civil forfeiture
all assets, foreign or domestic, of terrorist organizations.
(Sec. 808) Expands: (1) the offenses over
which the Attorney General shall have primary investigative
jurisdiction under provisions governing acts of terrorism
transcending national boundaries; and (2) the offenses included
within the definition of the Federal crime of terrorism.
(Sec. 809) Provides that there shall be
no statute of limitations for certain terrorism offenses
if the commission of such an offense resulted in, or created
a foreseeable risk of, death or serious bodily injury to
another person.
(Sec. 810) Provides for alternative maximum
penalties for specified terrorism crimes.
(Sec. 811) Makes: (1) the penalties for
attempts and conspiracies the same as those for terrorism
offenses; (2) the supervised release terms for offenses
with terrorism predicates any term of years or life; and
(3) specified terrorism crimes Racketeer Influenced and
Corrupt Organizations statute predicates.
(Sec. 814) Revises prohibitions and penalties
regarding fraud and related activity in connection with
computers to include specified cyber-terrorism offenses.
(Sec. 816) Directs the Attorney General
to establish regional computer forensic laboratories, and
to support existing laboratories, to develop specified cyber-security
capabilities.
(Sec. 817) Prescribes penalties for knowing
possession in certain circumstances of biological agents,
toxins, or delivery systems, especially by certain restricted
persons.
Title IX: Improved Intelligence -
Amends the National Security Act of 1947 to require the
Director of Central Intelligence (DCI) to establish requirements
and priorities for foreign intelligence collected under
the Foreign Intelligence Surveillance Act of 1978 and to
provide assistance to the Attorney General (AG) to ensure
that information derived from electronic surveillance or
physical searches is disseminated for efficient and effective
foreign intelligence purposes. Requires the inclusion of
international terrorist activities within the scope of foreign
intelligence under such Act.
(Sec. 903) Expresses the sense of Congress
that officers and employees of the intelligence community
should establish and maintain intelligence relationships
to acquire information on terrorists and terrorist organizations.
(Sec. 904) Authorizes deferral of the submission
to Congress of certain reports on intelligence and intelligence-related
matters until: (1) February 1, 2002; or (2) a date after
February 1, 2002, if the official involved certifies that
preparation and submission on February 1, 2002, will impede
the work of officers or employees engaged in counterterrorism
activities. Requires congressional notification of any such
deferral.
(Sec. 905) Requires the AG or the head of
any other Federal department or agency with law enforcement
responsibilities to expeditiously disclose to the DCI any
foreign intelligence acquired in the course of a criminal
investigation.
(Sec. 906) Requires the AG, DCI, and Secretary
of the Treasury to jointly report to Congress on the feasibility
and desirability of reconfiguring the Foreign Asset Tracking
Center and the Office of Foreign Assets Control to provide
for the analysis and dissemination of foreign intelligence
relating to the financial capabilities and resources of
international terrorist organizations.
(Sec. 907) Requires the DCI to report to
the appropriate congressional committees on the establishment
and maintenance of the National Virtual Translation Center
for timely and accurate translation of foreign intelligence
for elements of the intelligence community.
(Sec. 908) Requires the AG to provide a
program of training to Government officials regarding the
identification and use of foreign intelligence.
Title X: Miscellaneous - Directs
the Inspector General of the Department of Justice to designate
one official to review allegations of abuse of civil rights,
civil liberties, and racial and ethnic profiling by government
employees and officials.
(Sec. 1002) Expresses the sense of Congress
condemning acts of violence or discrimination against any
American, including Sikh-Americans. Calls upon local and
Federal law enforcement authorities to prosecute to the
fullest extent of the law all those who commit crimes.
(Sec. 1004) Amends the Federal criminal
code with respect to venue in money laundering cases to
allow a prosecution for such an offense to be brought in:
(1) any district in which the financial or monetary transaction
is conducted; or (2) 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.
States that: (1) a transfer of funds from
one place to another, by wire or any other means, shall
constitute a single, continuing transaction; and (2) any
person who conducts any portion of the transaction may be
charged in any district in which the transaction takes place.
Allows a prosecution for an attempt or conspiracy
offense to be brought in the district where venue would
lie for the completed offense, or in any other district
where an act in furtherance of the attempt or conspiracy
took place.
(Sec. 1005) First Responders Assistance
Act - Directs the Attorney General to make grants to State
and local governments to improve the ability of State and
local law enforcement, fire department, and first responders
to respond to and prevent acts of terrorism. Authorizes
appropriations.
(Sec. 1006) Amends the Immigration and Nationality
Act to make inadmissible into the United States any alien
engaged in money laundering. Directs the Secretary of State
to develop a money laundering watchlist which: (1) identifies
individuals worldwide who are known or suspected of money
laundering; and (2) is readily accessible to, and shall
be checked by, a consular or other Federal official before
the issuance of a visa or admission to the United States.
(Sec. 1007) Authorizes FY 2002 appropriations
for regional antidrug training in Turkey by the Drug Enforcement
Administration for police, as well as increased precursor
chemical control efforts in South and Central Asia.
(Sec. 1008) Directs the Attorney General
to conduct a feasibility study and report to Congress on
the use of a 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) Directs the FBI to 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. Authorizes appropriations.
(Sec. 1010) Authorizes the use of Department
of Defense funds to contract with local and State governments,
during the period of Operation Enduring Freedom, for the
performance of security functions at U.S. military installations.
(Sec. 1011) Crimes Against Charitable Americans
Act of 2001 - Amends the Telemarketing and Consumer Fraud
and Abuse Prevention Act to cover fraudulent charitable
solicitations. Requires any person engaged in telemarketing
for the solicitation of charitable contributions, donations,
or gifts to disclose promptly and clearly the purpose of
the telephone call.
(Sec. 1012) Amends the Federal transportation
code to prohibit States from licensing any individual to
operate a motor vehicle transporting hazardous material
unless the Secretary of Transportation determines that such
individual does not pose a security risk warranting denial
of the license. Requires background checks of such license
applicants by the Attorney General upon State request.
(Sec. 1013) Expresses the sense of the Senate
on substantial new U.S. investment in bioterrorism preparedness
and response.
(Sec. 1014) Directs the Office for State
and Local Domestic Preparedness Support of the Office of
Justice Programs to make grants to enhance State and local
capability to prepare for and respond to terrorist acts.
Authorizes appropriations for FY 2002 through 2007.
(Sec. 1015) Amends the Crime Identification
Technology Act of 1998 to extend it through FY 2007 and
provide for antiterrorism grants to States and localities.
Authorizes appropriations.
(Sec. 1016) Critical Infrastructures Protection
Act of 2001 - Declares it is U.S. policy: (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 U.S. national
security; (2) that actions necessary to achieve this policy
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.
Establishes the National Infrastructure
Simulation and Analysis Center 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.
Defines critical infrastructure as systems
and assets, whether physical or virtual, so vital to the
United States that their incapacity or destruction would
have a debilitating impact on security, national economic
security, national public health or safety, or any combination
of those matters.
Authorizes appropriations.