USA PATRIOT Act as Passed
by Congress
Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act (Oct. 25, 2001)
HR 3162 RDS 107th CONGRESS
1st Session H. R. 3162 IN THE SENATE OF THE UNITED STATES October
24, 2001
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. 711. Expansion of regional
information sharing system to facilitate Federal-State-local
law enforcement response related to terrorist attacks.
TITLE VIII--STRENGTHENING THE CRIMINAL
LAWS AGAINST TERRORISM
Sec. 801. Terrorist attacks
and other acts of violence against mass transportation systems.
Sec. 802. Definition of
domestic terrorism.
Sec. 803. Prohibition against
harboring terrorists.
Sec. 804. Jurisdiction over
crimes committed at U.S. facilities abroad.
Sec. 805. Material support
for terrorism.
Sec. 806. Assets of terrorist
organizations.
Sec. 807. Technical clarification
relating to provision of material support to terrorism.
Sec. 808. Definition of
Federal crime of terrorism.
Sec. 809. No statute of
limitation for certain terrorism offenses.
Sec. 810. Alternate maximum
penalties for terrorism offenses.
Sec. 811. Penalties for
terrorist conspiracies.
Sec. 812. Post-release supervision
of terrorists.
Sec. 813. Inclusion of acts
of terrorism as racketeering activity.
Sec. 814. Deterrence and
prevention of cyberterrorism.
Sec. 815. Additional defense
to civil actions relating to preserving records in response to
Government requests.
Sec. 816. Development and
support of cybersecurity forensic capabilities.
Sec. 817. Expansion of the
biological weapons statute.
TITLE IX--IMPROVED INTELLIGENCE
Sec. 901. Responsibilities
of Director of Central Intelligence regarding foreign intelligence
collected under Foreign Intelligence Surveillance
Act of 1978.
Sec. 902. Inclusion of international
terrorist activities within scope of foreign intelligence
under National Security Act of 1947.
Sec. 903. Sense of Congress
on the establishment and maintenance of intelligence
relationships to acquire information on terrorists and terrorist
organizations.
Sec. 904. Temporary authority
to defer submittal to Congress of reports on intelligence and
intelligence-related matters.
Sec. 905. Disclosure to
Director of Central Intelligence of foreign intelligence-related
information with respect to criminal investigations.
Sec. 906. Foreign terrorist
asset tracking center.
Sec. 907. National Virtual
Translation Center.
Sec. 908. Training of government
officials regarding identification and use of foreign
intelligence.
TITLE X--MISCELLANEOUS
Sec. 1001. Review of the
department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of
`electronic surveillance'.
Sec. 1004. Venue in money
laundering cases.
Sec. 1005. First responders
assistance act.
Sec. 1006. Inadmissibility
of aliens engaged in money laundering.
Sec. 1007. Authorization
of funds for dea police training in south and central asia.
Sec. 1008. Feasibility study
on use of biometric identifier scanning system with access to
the fbi integrated automated fingerprint identification
system at overseas consular posts and points of
entry to the United States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority
to contract with local and State governments for performance
of security functions at United States military installations.
Sec. 1011. Crimes against
charitable americans.
Sec. 1012. Limitation on
issuance of hazmat licenses.
Sec. 1013. Expressing the
sense of the senate concerning the provision of funding for
bioterrorism preparedness and response.
Sec. 1014. Grant program
for State and local domestic preparedness support.
Sec. 1015. Expansion and
reauthorization of the crime identification technology act for
antiterrorism grants to States and localities.
Sec. 1016. Critical infrastructures
protection.
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held
to be invalid or unenforceable by its terms, or as applied to
any person or circumstance, shall be construed so as to
give it the maximum effect permitted by law, unless such holding
shall be one of utter invalidity or unenforceability, in
which event such provision shall be deemed severable from
this Act and shall not affect the remainder thereof or the application
of such provision to other persons not similarly situated
or to other, dissimilar circumstances.
TITLE I--ENHANCING
DOMESTIC SECURITY AGAINST TERRORISM
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
protect against international terrorism or clandestine
intelligence activities.
`(c)(1) Upon an application made
pursuant to this section, the judge shall enter an ex parte order
as requested, or as modified, approving the release of
records if the judge finds that the application meets the
requirements of this section.
`(2) An order under this subsection
shall not disclose that it is issued for purposes of an investigation
described in subsection (a).
`(d) No person shall disclose to
any other person (other than those persons necessary to produce
the tangible things under this section) that the Federal
Bureau of Investigation has sought or obtained tangible
things under this section.
`(e) A person who, in good faith,
produces tangible things under an order pursuant to this section
shall not be liable to any other person for such production.
Such production shall not be deemed to constitute a waiver
of any privilege in any other proceeding or context.
`SEC. 502. CONGRESSIONAL OVERSIGHT.
`(a) On a semiannual basis, the
Attorney General shall fully inform the Permanent Select Committee
on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate concerning
all requests for the production of tangible things under section
402.
`(b) On a semiannual basis, the
Attorney General shall provide to the Committees on the Judiciary
of the House of Representatives and the Senate a report
setting forth with respect to the preceding 6-month period--
`(1) the total number of
applications made for orders approving requests for the production
of tangible things under section 402; and
`(2) the total number of
such orders either granted, modified, or denied.'.
SEC. 216. MODIFICATION OF AUTHORITIES
RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES.
(a) GENERAL LIMITATIONS- Section
3121(c) of title 18, United States Code, is amended--
(1) by inserting `or trap
and trace device' after `pen register';
(2) by inserting `, routing,
addressing,' after `dialing'; and
(3) by striking `call processing'
and inserting `the processing and transmitting of wire or
electronic communications so as not to include the contents
of any wire or electronic communications'.
(b) ISSUANCE OF ORDERS-
(1) IN GENERAL- Section
3123(a) of title 18, United States Code, is amended to read as
follows:
`(a) IN GENERAL-
`(1) ATTORNEY FOR THE GOVERNMENT-
Upon an application made under section 3122(a)(1),
the court shall enter an ex parte order authorizing the installation
and use of a pen register or trap and trace device
anywhere within the United States, if the court finds that the
attorney for the Government has certified to the
court that the information likely to be obtained
by such installation and use is relevant to an ongoing criminal
investigation. The order, upon service of that order,
shall apply to any person or entity providing wire or
electronic communication service in the United States whose
assistance may facilitate the execution of the order.
Whenever such an order is served on any person or entity not
specifically named in the order, upon request of
such person or entity, the attorney for the Government
or law enforcement or investigative officer that is serving the
order shall provide written or electronic certification
that the order applies to the person or entity being served.
`(2) STATE INVESTIGATIVE
OR LAW ENFORCEMENT OFFICER- Upon an application made under
section 3122(a)(2), the court shall enter an ex parte
order authorizing the installation and use of a
pen register or trap and trace device within the jurisdiction
of the court, if the court finds that the State
law enforcement or investigative officer has certified to the
court that the information likely to be obtained
by such installation and use is relevant to an ongoing
criminal investigation.
`(3)(A) Where the law enforcement
agency implementing an ex parte order under this
subsection seeks to do so by installing and using its own pen
register or trap and trace device on a packet-switched
data network of a provider of electronic communication service
to the public, the agency shall ensure that a record
will be maintained which will identify--
`(i) any officer or
officers who installed the device and any officer or officers
who accessed the device to obtain information
from the network;
`(ii) the date and
time the device was installed, the date and time the device
was uninstalled, and the date, time, and duration
of each time the device is accessed to obtain
information;
`(iii) the configuration
of the device at the time of its installation and any
subsequent modification thereof; and
`(iv) any information
which has been collected by the device.
To the extent that the pen
register or trap and trace device can be set automatically to
record this information electronically, the record
shall be maintained electronically throughout the
installation and use of such device.
`(B) The record maintained
under subparagraph (A) shall be provided ex parte and under
seal to the court which entered the ex parte order
authorizing the installation and use of the device
within 30 days after termination of the order (including any extensions
thereof).'.
(2) CONTENTS OF ORDER- Section
3123(b)(1) of title 18, United States Code, is amended--
(A) in subparagraph
(A)--
(i) by inserting
`or other facility' after `telephone line'; and
(ii) by inserting
before the semicolon at the end `or applied'; and
(B) by striking subparagraph
(C) and inserting the following:
`(C) the attributes
of the communications to which the order applies, including
the number or other identifier and, if known,
the location of the telephone line or other
facility to which the pen register or trap and trace device is
to be attached or applied, and, in the case
of an order authorizing installation and use of a trap
and trace device under subsection (a)(2), the geographic
limits of the order; and'.
(3) NONDISCLOSURE REQUIREMENTS-
Section 3123(d)(2) of title 18, United States Code, is
amended--
(A) by inserting `or
other facility' after `the line'; and
(B) by striking `,
or who has been ordered by the court' and inserting `or
applied, or who is obligated by the order'.
(c) DEFINITIONS-
(1) COURT OF COMPETENT JURISDICTION-
Section 3127(2) of title 18, United States Code, is
amended by striking subparagraph (A) and inserting the following:
`(A) any district
court of the United States (including a magistrate judge of such
a court) or any United States court of appeals
having jurisdiction over the offense being
investigated; or'.
(2) PEN REGISTER- Section
3127(3) of title 18, United States Code, is amended--
(A) by striking `electronic
or other impulses' and all that follows through `is
attached' and inserting `dialing, routing, addressing,
or signaling information transmitted by an
instrument or facility from which a wire or electronic
communication is transmitted, provided, however,
that such information shall not include the
contents of any communication'; and
(B) by inserting `or
process' after `device' each place it appears.
(3) TRAP AND TRACE DEVICE-
Section 3127(4) of title 18, United States Code, is amended--
(A) by striking `of
an instrument' and all that follows through the semicolon and
inserting `or other dialing, routing, addressing,
and signaling information reasonably likely
to identify the source of a wire or electronic communication,
provided, however, that such information shall
not include the contents of any communication;';
and
(B) by inserting `or
process' after `a device'.
(4) CONFORMING AMENDMENT-
Section 3127(1) of title 18, United States Code, is amended--
(A) by striking `and';
and
(B) by inserting `,
and `contents' after `electronic communication service'.
(5) TECHNICAL AMENDMENT-
Section 3124(d) of title 18, United States Code, is amended by
striking `the terms of'.
(6) CONFORMING AMENDMENT-
Section 3124(b) of title 18, United States Code, is amended
by inserting `or other facility' after `the appropriate
line'.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER
COMMUNICATIONS.
Chapter 119 of title 18, United
States Code, is amended--
(1) in section 2510--
(A) in paragraph (18),
by striking `and' at the end;
(B) in paragraph (19),
by striking the period and inserting a semicolon; and
(C) by inserting after
paragraph (19) the following:
`(20) `protected computer'
has the meaning set forth in section 1030; and
`(21) `computer trespasser'--
`(A) means a person
who accesses a protected computer without authorization
and thus has no reasonable expectation of privacy
in any communication transmitted to, through,
or from the protected computer; and
`(B) does not include
a person known by the owner or operator of the protected
computer to have an existing contractual relationship
with the owner or operator of the protected
computer for access to all or part of the protected computer.';
and
(2) in section 2511(2),
by inserting at the end the following:
`(i) It shall not be unlawful under
this chapter for a person acting under color of law to intercept
the wire or electronic communications of a computer trespasser
transmitted to, through, or from the protected computer,
if--
`(I) the owner or operator
of the protected computer authorizes the interception of the
computer trespasser's communications on the protected
computer;
`(II) the person acting
under color of law is lawfully engaged in an investigation;
`(III) the person acting
under color of law has reasonable grounds to believe that the
contents of the computer trespasser's communications
will be relevant to the investigation; and
`(IV) such interception
does not acquire communications other than those transmitted to
or from the computer trespasser.'.
SEC. 218. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and section
303(a)(7)(B) (50 U.S.C. 1804(a)(7)(B) and 1823(a)(7)(B)) of the
Foreign Intelligence Surveillance Act of 1978 are each
amended by striking `the purpose' and inserting `a significant
purpose'.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS
FOR TERRORISM.
Rule 41(a) of the Federal Rules
of Criminal Procedure is amended by inserting after `executed'
the following: `and (3) in an investigation of domestic
terrorism or international terrorism (as defined in section
2331 of title 18, United States Code), by a Federal magistrate
judge in any district in which activities related to the
terrorism may have occurred, for a search of property or for a
person within or outside the district'.
SEC. 220. NATIONWIDE SERVICE OF SEARCH
WARRANTS FOR ELECTRONIC EVIDENCE.
(a) IN GENERAL- Chapter 121 of
title 18, United States Code, is amended--
(1) in section 2703, by
striking `under the Federal Rules of Criminal Procedure' every
place it appears and inserting `using the procedures
described in the Federal Rules of Criminal Procedure
by a court with jurisdiction over the offense under investigation';
and
(2) in section 2711--
(A) in paragraph (1),
by striking `and';
(B) in paragraph (2),
by striking the period and inserting `; and'; and
(C) by inserting at
the end the following:
`(3) the term `court of
competent jurisdiction' has the meaning assigned by section 3127,
and includes any Federal court within that definition,
without geographic limitation.'.
(b) CONFORMING AMENDMENT- Section
2703(d) of title 18, United States Code, is amended by striking
`described in section 3127(2)(A)'.
SEC. 221. TRADE SANCTIONS.
(a) IN GENERAL- The Trade Sanctions
Reform and Export Enhancement Act of 2000 (Public Law 106-387;
114 Stat. 1549A-67) is amended--
(1) by amending section
904(2)(C) to read as follows:
`(C) used to facilitate
the design, development, or production of chemical or
biological weapons, missiles, or weapons of mass destruction.';
(2) in section 906(a)(1)--
(A) by inserting `,
the Taliban or the territory of Afghanistan controlled by the
Taliban,' after `Cuba'; and
(B) by inserting `,
or in the territory of Afghanistan controlled by the Taliban,'
after `within such country'; and
(3) in section 906(a)(2),
by inserting `, or to any other entity in Syria or North Korea'
after `Korea'.
(b) APPLICATION OF THE TRADE SANCTIONS
REFORM AND EXPORT ENHANCEMENT ACT- Nothing in the Trade
Sanctions Reform and Export Enhancement Act of 2000 shall limit
the application or scope of any law establishing criminal
or civil penalties, including any executive order or regulation
promulgated pursuant to such laws (or similar or successor
laws), for the unlawful export of any agricultural commodity,
medicine, or medical device to--
(1) a foreign organization,
group, or person designated pursuant to Executive Order 12947
of January 23, 1995, as amended;
(2) a Foreign Terrorist
Organization pursuant to the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132);
(3) a foreign organization,
group, or person designated pursuant to Executive Order 13224
(September 23, 2001);
(4) any narcotics trafficking
entity designated pursuant to Executive Order 12978 (October
21, 1995) or the Foreign Narcotics Kingpin Designation
Act (Public Law 106-120); or
(5) any foreign organization,
group, or persons subject to any restriction for its involvement
in weapons of mass destruction or missile proliferation.
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT
AGENCIES.
Nothing in this Act shall impose
any additional technical obligation or requirement on a provider
of a wire or electronic communication service or other
person to furnish facilities or technical assistance. A provider
of a wire or electronic communication service, landlord,
custodian, or other person who furnishes facilities or
technical assistance pursuant to section 216 shall be reasonably
compensated for such reasonable expenditures incurred in
providing such facilities or assistance.
SEC. 223. CIVIL LIABILITY FOR CERTAIN
UNAUTHORIZED DISCLOSURES.
(a) Section 2520 of title 18, United
States Code, is amended--
(1) in subsection (a), after
`entity', by inserting `, other than the United States,';
(2) by adding at the end
the following:
`(f) ADMINISTRATIVE DISCIPLINE-
If a court or appropriate department or agency determines that
the United States or any of its departments or agencies
has violated any provision of this chapter, and the court
or appropriate department or agency finds that the circumstances
surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and
correct copy of the decision and findings of the court or
appropriate department or agency promptly initiate a proceeding
to determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or
agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and
shall provide the Inspector General with the reasons for such
determination.'; and
(3) by adding a new subsection
(g), as follows:
`(g) IMPROPER DISCLOSURE IS VIOLATION-
Any willful disclosure or use by an investigative or law
enforcement officer or governmental entity of information beyond
the extent permitted by section 2517 is a violation of
this chapter for purposes of section 2520(a).
(b) Section 2707 of title 18, United
States Code, is amended--
(1) in subsection (a), after
`entity', by inserting `, other than the United States,';
(2) by striking subsection
(d) and inserting the following:
`(d) ADMINISTRATIVE DISCIPLINE-
If a court or appropriate department or agency determines that
the United States or any of its departments or agencies
has violated any provision of this chapter, and the court
or appropriate department or agency finds that the circumstances
surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and
correct copy of the decision and findings of the court or
appropriate department or agency promptly initiate a proceeding
to determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or
agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and
shall provide the Inspector General with the reasons for such
determination.'; and
(3) by adding a new subsection
(g), as follows:
`(g) IMPROPER DISCLOSURE- Any willful
disclosure of a `record', as that term is defined in section 552a(a)
of title 5, United States Code, obtained by an investigative
or law enforcement officer, or a governmental entity, pursuant
to section 2703 of this title, or from a device installed pursuant
to section 3123 or 3125 of this title, that is not a disclosure
made in the proper performance of the official functions of the
officer or governmental entity making the disclosure, is
a violation of this chapter. This provision shall not apply to
information previously lawfully disclosed (prior to the
commencement of any civil or administrative proceeding
under this chapter) to the public by a Federal, State, or local
governmental entity or by the plaintiff in a civil action
under this chapter.'.
(c)(1) Chapter 121 of title 18,
United States Code, is amended by adding at the end the following:
`Sec. 2712. Civil actions against the
United States
`(a) IN GENERAL- Any person who
is aggrieved by any willful violation of this chapter or of chapter
119 of this title or of sections 106(a), 305(a), or 405(a)
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) may commence an action in United States
District Court against the United States to recover money
damages. In any such action, if a person who is aggrieved successfully
establishes such a violation of this chapter or of chapter
119 of this title or of the above specific provisions of title
50, the Court may assess as damages--
`(1) actual damages, but
not less than $10,000, whichever amount is greater; and
`(2) litigation costs, reasonably
incurred.
`(b) PROCEDURES- (1) Any action
against the United States under this section may be commenced
only after a claim is presented to the appropriate department
or agency under the procedures of the Federal Tort Claims
Act, as set forth in title 28, United States Code.
`(2) Any action against
the United States under this section shall be forever barred unless
it is presented in writing to the appropriate Federal
agency within 2 years after such claim accrues or
unless action is begun within 6 months after the date of mailing,
by certified or registered mail, of notice of final
denial of the claim by the agency to which it was presented.
The claim shall accrue on the date upon which the
claimant first has a reasonable opportunity to discover
the violation.'.
`(3) Any action under this section
shall be tried to the court without a jury.
`(4) Notwithstanding any other
provision of law, the procedures set forth in section 106(f),
305(g), or 405(f) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive
means by which materials governed by those sections may be
reviewed.
`(5) An amount equal to any award
against the United States under this section shall be reimbursed
by the department or agency concerned to the fund described
in section 1304 of title 31, United States Code, out of
any appropriation, fund, or other account (excluding any part
of such appropriation, fund, or account that is available
for the enforcement of any Federal law) that is available for
the operating expenses of the department or agency concerned.
`(c) ADMINISTRATIVE DISCIPLINE-
If a court or appropriate department or agency determines that
the United States or any of its departments or agencies
has violated any provision of this chapter, and the court
or appropriate department or agency finds that the circumstances
surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the possible
violation, the department or agency shall, upon receipt of a true
and correct copy of the decision and findings of the court
or appropriate department or agency promptly initiate a
proceeding to determine whether disciplinary action against the
officer or employee is warranted. If the head of the department
or agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General
with jurisdiction over the department or agency concerned
and shall provide the Inspector General with the reasons for such
determination.
`(d) EXCLUSIVE REMEDY- Any action
against the United States under this subsection shall be the exclusive
remedy against the United States for any claims within
the purview of this section.
`(e) STAY OF PROCEEDINGS- (1) Upon
the motion of the United States, the court shall stay any action
commenced under this section if the court determines that
civil discovery will adversely affect the ability of the
Government to conduct a related investigation or the prosecution
of a related criminal case. Such a stay shall toll the
limitations periods of paragraph (2) of subsection (b).
`(2) In this subsection, the terms
`related criminal case' and `related investigation' mean an actual
prosecution or investigation in progress at the time at
which the request for the stay or any subsequent motion
to lift the stay is made. In determining whether an investigation
or a criminal case is related to an action commenced under
this section, the court shall consider the degree of similarity
between the parties, witnesses, facts, and circumstances
involved in the 2 proceedings, without requiring that any one
or more factors be identical.
`(3) In requesting a stay under
paragraph (1), the Government may, in appropriate cases, submit
evidence ex parte in order to avoid disclosing any matter
that may adversely affect a related investigation or a
related criminal case. If the Government makes such an ex parte
submission, the plaintiff shall be given an opportunity
to make a submission to the court, not ex parte, and the court
may, in its discretion, request further information from
either party.'.
(2) The table of sections at the
beginning of chapter 121 is amended to read as follows:
`2712. Civil action against
the United States.'.
SEC. 224. SUNSET.
(a) IN GENERAL- Except as provided
in subsection (b), this title and the amendments made by this
title (other than sections 203(a), 203(c), 205, 208, 210,
211, 213, 216, 219, 221, and 222, and the amendments made
by those sections) shall cease to have effect on December 31,
2005.
(b) EXCEPTION- With respect to
any particular foreign intelligence investigation that began before
the date on which the provisions referred to in subsection
(a) cease to have effect, or with respect to any particular
offense or potential offense that began or occurred before the
date on which such provisions cease to have effect, such
provisions shall continue in effect.
SEC. 225. IMMUNITY FOR COMPLIANCE WITH
FISA WIRETAP.
Section 105 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805) is amended by inserting
after subsection (g) the following:
`(h) No cause of action shall lie
in any court against any provider of a wire or electronic communication
service, landlord, custodian, or other person (including
any officer, employee, agent, or other specified person
thereof) that furnishes any information, facilities, or technical
assistance in accordance with a court order or request
for emergency assistance under this Act.'.
TITLE III--INTERNATIONAL MONEY LAUNDERING
ABATEMENT AND ANTI-TERRORIST FINANCING ACT OF 2001
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 mor