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UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS
REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM (USA PATRIOT ACT) ACT OF
2001
[[Page 115 STAT. 272]]
Public Law 107-56
107th Congress
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. <<NOTE: Oct. 26, 2001 - [H.R. 3162]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001.>> in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short <<NOTE: 18 USC 1 note.>> 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.
[[Page 115 STAT. 273]]
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.
[[Page 115 STAT. 274]]
Sec. 373. Illegal money transmitting businesses.
Sec. 374. Counterfeiting domestic currency and obligations.
Sec. 375. Counterfeiting foreign currency and obligations.
Sec. 376. Laundering the proceeds of terrorism.
Sec. 377. Extraterritorial jurisdiction.
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern Border
Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain
identifying information in the criminal history records of
visa applicants and applicants for admission to the United
States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification
system for ports of entry and overseas consular posts.
Subtitle B--Enhanced Immigration Provisions
Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus;
judicial review.
Sec. 413. Multilateral cooperation against terrorists.
Sec. 414. Visa integrity and security.
Sec. 415. Participation of Office of Homeland Security on Entry-Exit
Task Force.
Sec. 416. Foreign student monitoring program.
Sec. 417. Machine readable passports.
Sec. 418. Prevention of consulate shopping.
Subtitle C--Preservation of Immigration Benefits for Victims of
Terrorism
Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and
children.
Sec. 424. ``Age-out'' protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.
TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM
Sec. 501. Attorney General's authority to pay rewards to combat
terrorism.
Sec. 502. Secretary of State's authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.
TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS,
AND THEIR FAMILIES
Subtitle A--Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers involved in the
prevention, investigation, rescue, or recovery efforts
related to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for
heroic public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
Subtitle B--Amendments to the Victims of Crime Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE
PROTECTION
Sec. 701. Expansion of regional information sharing system to facilitate
Federal-State-local law enforcement response related to
terrorist attacks.
[[Page 115 STAT. 275]]
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. <<NOTE: 18 USC 1 note.>> 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
[[Page 115 STAT. 276]]
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. <<NOTE: 28 USC 524 note.>> 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
[[Page 115 STAT. 277]]
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. <<NOTE: 18 USC 3056 note.>> 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:
[[Page 115 STAT. 278]]
``(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. <<NOTE: 18 USC app.>> AUTHORITY TO SHARE CRIMINAL
INVESTIGATIVE INFORMATION.
(a) Authority To Share Grand Jury Information.--
[[Page 115 STAT. 279]]
(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
[[Page 115 STAT. 280]]
``(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 <<NOTE: 18 USC 2517 note.>> Attorney General
shall establish procedures for the disclosure of information pursuant to
section 2517(6)
[[Page 115 STAT. 281]]
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 <<NOTE: 50 USC 403-5d.>> 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. <<NOTE: 28 USC 532 note.>> 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).
[[Page 115 STAT. 282]]
(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),''.
[[Page 115 STAT. 283]]
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:
[[Page 115 STAT. 284]]
``(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;
[[Page 115 STAT. 285]]
``(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--
[[Page 115 STAT. 286]]
(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,
[[Page 115 STAT. 287]]
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. <<NOTE: 50 USC 1861.>> 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
[[Page 115 STAT. 288]]
``(2) shall specify that the records concerned are sought
for an authorized investigation conducted in accordance with
subsection (a)(2) to obtain foreign intelligence information not
concerning a United States person or to protect against
international terrorism or clandestine intelligence activities.
``(c)(1) Upon an application made pursuant to this section, the
judge shall enter an ex parte order as requested, or as modified,
approving the release of records if the judge finds that the application
meets the requirements of this section.
``(2) An order under this subsection shall not disclose that it is
issued for purposes of an investigation described in subsection (a).
``(d) No person shall disclose to any other person (other than those
persons necessary to produce the tangible things under this section)
that the Federal Bureau of Investigation has sought or obtained tangible
things under this section.
``(e) A person who, in good faith, produces tangible things under an
order pursuant to this section shall not be liable to any other person
for such production. Such production shall not be deemed to constitute a
waiver of any privilege in any other proceeding or context.
``SEC. 502. <<NOTE: 50 USC 1862.>> 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
[[Page 115 STAT. 289]]
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:
[[Page 115 STAT. 290]]
``(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--
[[Page 115 STAT. 291]]
(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. <<NOTE: 18 USC app.>> 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
[[Page 115 STAT. 292]]
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 <<NOTE: 22 USC 7210.>> of the Trade Sanctions Reform
and Export Enhancement Act.--Nothing in the Trade Sanctions Reform and
Export Enhancement Act of 2000 shall limit the application or scope of
any law establishing criminal or civil penalties, including any
Executive order or regulation promulgated pursuant to such laws (or
similar or successor laws), for the unlawful export of any agricultural
commodity, medicine, or medical device to--
(1) a foreign organization, group, or person designated
pursuant to Executive Order No. 12947 of January 23, 1995, as
amended;
(2) a Foreign Terrorist Organization pursuant to the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132);
(3) a foreign organization, group, or person designated
pursuant to Executive Order No. 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant to
Executive Order No. 12978 (October 21, 1995) or the Foreign
Narcotics Kingpin Designation Act (Public Law 106-120); or
(5) any foreign organization, group, or persons subject to
any restriction for its involvement in weapons of mass
destruction or missile proliferation.
SEC. 222. <<NOTE: 18 USC 3124 note.>> 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,
[[Page 115 STAT. 293]]
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
[[Page 115 STAT. 294]]
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
[[Page 115 STAT. 295]]
States acted willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and correct copy
of the decision and findings of the court or appropriate department or
agency promptly initiate a proceeding to determine whether disciplinary
action against the officer or employee is warranted. If the head of the
department or agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall provide
the Inspector General with the reasons for such determination.
``(d) Exclusive Remedy.--Any action against the United States under
this subsection shall be the exclusive remedy against the United States
for any claims within the purview of this section.
``(e) Stay of Proceedings.--(1) Upon the motion of the United
States, the court shall stay any action commenced under this section if
the court determines that civil discovery will adversely affect the
ability of the Government to conduct a related investigation or the
prosecution of a related criminal case. Such a stay shall toll the
limitations periods of paragraph (2) of subsection (b).
``(2) In this subsection, the terms `related criminal case' and
`related investigation' mean an actual prosecution or investigation in
progress at the time at which the request for the stay or any subsequent
motion to lift the stay is made. In determining whether an investigation
or a criminal case is related to an action commenced under this section,
the court shall consider the degree of similarity between the parties,
witnesses, facts, and circumstances involved in the 2 proceedings,
without requiring that any one or more factors be identical.
``(3) In requesting a stay under paragraph (1), the Government may,
in appropriate cases, submit evidence ex parte in order to avoid
disclosing any matter that may adversely affect a related investigation
or a related criminal case. If the Government makes such an ex parte
submission, the plaintiff shall be given an opportunity to make a
submission to the court, not ex parte, and the court may, in its
discretion, request further information from either party.''.
(2) The table of sections at the beginning of chapter 121 is amended
to read as follows:
``2712. Civil action against the United States.''.
SEC. 224. <<NOTE: 18 USC 2510 note.>> 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:
[[Page 115 STAT. 296]]
``(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 <<NOTE: International Money Laundering Abatement and Financial
Anti-Terrorism Act of 2001.>> III--INTERNATIONAL MONEY LAUNDERING
ABATEMENT AND ANTI-TERRORIST FINANCING ACT OF 2001
SEC. 301. <<NOTE: 31 USC 5301 note.>> SHORT TITLE.
This title may be cited as the ``International Money Laundering
Abatement and Financial Anti-Terrorism Act of 2001''.
SEC. 302. <<NOTE: 31 USC 5311 note.>> 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;
[[Page 115 STAT. 297]]
(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
[[Page 115 STAT. 298]]
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. <<NOTE: 31 USC 5311 note.>> 4-YEAR CONGRESSIONAL REVIEW;
EXPEDITED CONSIDERATION.
(a) In General.--Effective <<NOTE: Effective date.>> 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
[[Page 115 STAT. 299]]
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.
[[Page 115 STAT. 300]]
``(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.
[[Page 115 STAT. 301]]
``(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
[[Page 115 STAT. 302]]
a foreign banking institution, if such correspondent account or
payable-through account involves any such jurisdiction or
institution, or if any such transaction may be conducted through
such correspondent account or payable-through account.
``(c) Consultations and Information To Be Considered in Finding
Jurisdictions, Institutions, Types of Accounts, or Transactions To Be of
Primary Money Laundering Concern.--
``(1) In general.--In making a finding that reasonable
grounds exist for concluding that a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United
States, or 1 or more types of accounts is of primary money
laundering concern so as to authorize the Secretary of the
Treasury to take 1 or more of the special measures described in
subsection (b), the Secretary shall consult with the Secretary
of State and the Attorney General.
``(2) Additional considerations.--In making a finding
described in paragraph (1), the Secretary shall consider in
addition such information as the Secretary determines to be
relevant, including the following potentially relevant factors:
``(A) Jurisdictional factors.--In the case of a
particular jurisdiction--
``(i) evidence that organized criminal groups,
international terrorists, or both, have transacted
business in that jurisdiction;
``(ii) the extent to which that jurisdiction
or financial institutions operating in that
jurisdiction offer bank secrecy or special
regulatory advantages to nonresidents or
nondomiciliaries of that jurisdiction;
``(iii) the substance and quality of
administration of the bank supervisory and
counter-money laundering laws of that
jurisdiction;
``(iv) the relationship between the volume of
financial transactions occurring in that
jurisdiction and the size of the economy of the
jurisdiction;
``(v) the extent to which that jurisdiction is
characterized as an offshore banking or secrecy
haven by credible international organizations or
multilateral expert groups;
``(vi) whether the United States has a mutual
legal assistance treaty with that jurisdiction,
and the experience of United States law
enforcement officials and regulatory officials in
obtaining information about transactions
originating in or routed through or to such
jurisdiction; and
``(vii) the extent to which that jurisdiction
is characterized by high levels of official or
institutional corruption.
``(B) Institutional factors.--In the case of a
decision to apply 1 or more of the special measures
described in subsection (b) only to a financial
institution or institutions, or to a transaction or
class of transactions, or to a type of account, or to
all 3, within or involving a particular jurisdiction--
``(i) the extent to which such financial
institutions, transactions, or types of accounts
are used to facilitate
[[Page 115 STAT. 303]]
or promote money laundering in or through the
jurisdiction;
``(ii) the extent to which such institutions,
transactions, or types of accounts are used for
legitimate business purposes in the jurisdiction;
and
``(iii) the extent to which such action is
sufficient to ensure, with respect to transactions
involving the jurisdiction and institutions
operating in the jurisdiction, that the purposes
of this subchapter continue to be fulfilled, and
to guard against international money laundering
and other financial crimes.
``(d) Notification of Special Measures Invoked by the Secretary.--
Not later <<NOTE: Deadline.>> than 10 days after the date of any action
taken by the Secretary of the Treasury under subsection (a)(1), the
Secretary shall notify, in writing, the Committee on Financial Services
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate of any such action.
``(e) Definitions.--Notwithstanding any other provision of this
subchapter, for purposes of this section and subsections (i) and (j) of
section 5318, the following definitions shall apply:
``(1) Bank definitions.--The following definitions shall
apply with respect to a bank:
``(A) Account.--The term `account'--
``(i) means a formal banking or business
relationship established to provide regular
services, dealings, and other financial
transactions; and
``(ii) includes a demand deposit, savings
deposit, or other transaction or asset account and
a credit account or other extension of credit.
``(B) Correspondent account.--The term
`correspondent account' means an account established to
receive deposits from, make payments on behalf of a
foreign financial institution, or handle other financial
transactions related to such institution.
``(C) Payable-through account.--The term `payable-
through account' means an account, including a
transaction account (as defined in section 19(b)(1)(C)
of the Federal Reserve Act), opened at a depository
institution by a foreign financial institution by means
of which the foreign financial institution permits its
customers to engage, either directly or through a
subaccount, in banking activities usual in connection
with the business of banking in the United States.
``(2) Definitions applicable to institutions other than
banks.--With respect to any financial institution other than a
bank, the Secretary shall, after consultation with the
appropriate Federal functional regulators (as defined in section
509 of the Gramm-Leach-Bliley Act), define by regulation the
term `account', and shall include within the meaning of that
term, to the extent, if any, that the Secretary deems
appropriate, arrangements similar to payable-through and
correspondent accounts.
``(3) Regulatory definition of beneficial ownership.--The
Secretary shall promulgate regulations defining beneficial
ownership of an account for purposes of this section and
subsections (i) and (j) of section 5318. Such regulations shall
address issues related to an individual's authority to fund,
[[Page 115 STAT. 304]]
direct, or manage the account (including, without limitation,
the power to direct payments into or out of the account), and an
individual's material interest in the income or corpus of the
account, and shall ensure that the identification of individuals
under this section does not extend to any individual whose
beneficial interest in the income or corpus of the account is
immaterial.
``(4) Other terms.--The Secretary may, by regulation,
further define the terms in paragraphs (1), (2), and (3), and
define other terms for the purposes of this section, as the
Secretary deems appropriate.''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 53 of title 31, United States Code, is amended by inserting
after the item relating to section 5318 the following new item:
``5318A. Special measures for jurisdictions, financial institutions, or
international transactions of primary money laundering
concern.''.
SEC. 312. SPECIAL DUE DILIGENCE FOR CORRESPONDENT ACCOUNTS AND PRIVATE
BANKING ACCOUNTS.
(a) In General.--Section 5318 of title 31, United States Code, is
amended by adding at the end the following:
``(i) Due Diligence for United States Private Banking and
Correspondent Bank Accounts Involving Foreign Persons.--
``(1) In general.--Each financial institution that
establishes, maintains, administers, or manages a private
banking account or a correspondent account in the United States
for a non-United States person, including a foreign individual
visiting the United States, or a representative of a non-United
States person shall establish appropriate, specific, and, where
necessary, enhanced, due diligence policies, procedures, and
controls that are reasonably designed to detect and report
instances of money laundering through those accounts.
``(2) Additional standards for certain correspondent
accounts.--
``(A) In general.--Subparagraph (B) shall apply if a
correspondent account is requested or maintained by, or
on behalf of, a foreign bank operating--
``(i) under an offshore banking license; or
``(ii) under a banking license issued by a
foreign country that has been designated--
``(I) as noncooperative with
international anti-money laundering
principles or procedures by an
intergovernmental group or organization
of which the United States is a member,
with which designation the United States
representative to the group or
organization concurs; or
``(II) by the Secretary of the
Treasury as warranting special measures
due to money laundering concerns.
``(B) Policies, procedures, and controls.--The
enhanced due diligence policies, procedures, and
controls required under paragraph (1) shall, at a
minimum, ensure that the financial institution in the
United States takes reasonable steps--
``(i) to ascertain for any such foreign bank,
the shares of which are not publicly traded, the
identity
[[Page 115 STAT. 305]]
of each of the owners of the foreign bank, and the
nature and extent of the ownership interest of
each such owner;
``(ii) to conduct enhanced scrutiny of such
account to guard against money laundering and
report any suspicious transactions under
subsection (g); and
``(iii) to ascertain whether such foreign bank
provides correspondent accounts to other foreign
banks and, if so, the identity of those foreign
banks and related due diligence information, as
appropriate under paragraph (1).
``(3) Minimum standards for private banking accounts.--If a
private banking account is requested or maintained by, or on
behalf of, a non-United States person, then the due diligence
policies, procedures, and controls required under paragraph (1)
shall, at a minimum, ensure that the financial institution takes
reasonable steps--
``(A) to ascertain the identity of the nominal and
beneficial owners of, and the source of funds deposited
into, such account as needed to guard against money
laundering and report any suspicious transactions under
subsection (g); and
``(B) to conduct enhanced scrutiny of any such
account that is requested or maintained by, or on behalf
of, a senior foreign political figure, or any immediate
family member or close associate of a senior foreign
political figure that is reasonably designed to detect
and report transactions that may involve the proceeds of
foreign corruption.
``(4) Definition.--For purposes of this subsection, the
following definitions shall apply:
``(A) Offshore banking license.--The term `offshore
banking license' means a license to conduct banking
activities which, as a condition of the license,
prohibits the licensed entity from conducting banking
activities with the citizens of, or with the local
currency of, the country which issued the license.
``(B) Private banking account.--The term `private
banking account' means an account (or any combination of
accounts) that--
``(i) requires a minimum aggregate deposits of
funds or other assets of not less than $1,000,000;
``(ii) is established on behalf of 1 or more
individuals who have a direct or beneficial
ownership interest in the account; and
``(iii) is assigned to, or is administered or
managed by, in whole or in part, an officer,
employee, or agent of a financial institution
acting as a liaison between the financial
institution and the direct or beneficial owner of
the account.''.
(b) Regulatory <<NOTE: 31 USC 5318 note.>> Authority and Effective
Date.--
(1) Regulatory <<NOTE: Deadline.>> authority.--Not later
than 180 days after the date of enactment of this Act, the
Secretary, in consultation with the appropriate Federal
functional regulators (as defined in section 509 of the Gramm-
Leach-Bliley Act) of the affected financial institutions, shall
further delineate, by regulation, the due diligence policies,
procedures, and controls required
[[Page 115 STAT. 306]]
under section 5318(i)(1) of title 31, United States Code, as
added by this section.
(2) Effective date.--Section 5318(i) of title 31, United
States Code, as added by this section, shall take effect 270
days after the date of enactment of this Act, whether or not
final regulations are issued under paragraph (1), and the
failure to issue such regulations shall in no way affect the
enforceability of this section or the amendments made by this
section. Section 5318(i) of title 31, United States Code, as
added by this section, shall apply with respect to accounts
covered by that section 5318(i), that are opened before, on, or
after the date of enactment of this Act.
SEC. 313. PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH
FOREIGN SHELL BANKS.
(a) In General.--Section 5318 of title 31, United States Code, as
amended by this title, is amended by adding at the end the following:
``(j) Prohibition on United States Correspondent Accounts With
Foreign Shell Banks.--
``(1) In general.--A financial institution described in
subparagraphs (A) through (G) of section 5312(a)(2) (in this
subsection referred to as a `covered financial institution')
shall not establish, maintain, administer, or manage a
correspondent account in the United States for, or on behalf of,
a foreign bank that does not have a physical presence in any
country.
``(2) Prevention of indirect service to foreign shell
banks.--A covered financial institution shall take reasonable
steps to ensure that any correspondent account established,
maintained, administered, or managed by that covered financial
institution in the United States for a foreign bank is not being
used by that foreign bank to indirectly provide banking services
to another foreign bank that does not have a physical presence
in any country. The Secretary of the Treasury shall, by
regulation, delineate the reasonable steps necessary to comply
with this paragraph.
``(3) Exception.--Paragraphs (1) and (2) do not prohibit a
covered financial institution from providing a correspondent
account to a foreign bank, if the foreign bank--
``(A) is an affiliate of a depository institution,
credit union, or foreign bank that maintains a physical
presence in the United States or a foreign country, as
applicable; and
``(B) is subject to supervision by a banking
authority in the country regulating the affiliated
depository institution, credit union, or foreign bank
described in subparagraph (A), as applicable.
``(4) Definitions.--For purposes of this subsection--
``(A) the term `affiliate' means a foreign bank that
is controlled by or is under common control with a
depository institution, credit union, or foreign bank;
and
``(B) the term `physical presence' means a place of
business that--
``(i) is maintained by a foreign bank;
``(ii) is located at a fixed address (other
than solely an electronic address) in a country in
which the foreign
[[Page 115 STAT. 307]]
bank is authorized to conduct banking activities,
at which location the foreign bank--
``(I) employs 1 or more individuals
on a full-time basis; and
``(II) maintains operating records
related to its banking activities; and
``(iii) is subject to inspection by the
banking authority which licensed the foreign bank
to conduct banking activities.''.
(b) Effective <<NOTE: 31 USC 5318 note.>> Date.--The amendment made
by subsection (a) shall take effect at the end of the 60-day period
beginning on the date of enactment of this Act.
SEC. 314. <<NOTE: 31 USC 5311 note.>> COOPERATIVE EFFORTS TO DETER MONEY
LAUNDERING.
(a) Cooperation Among Financial Institutions, Regulatory
Authorities, and Law Enforcement Authorities.--
(1) Regulations.--The <<NOTE: Deadline.>> Secretary shall,
within 120 days after the date of enactment of this Act, adopt
regulations to encourage further cooperation among financial
institutions, their regulatory authorities, and law enforcement
authorities, with the specific purpose of encouraging regulatory
authorities and law enforcement authorities to share with
financial institutions information regarding individuals,
entities, and organizations engaged in or reasonably suspected
based on credible evidence of engaging in terrorist acts or
money laundering activities.
(2) Cooperation and information sharing procedures.--The
regulations adopted under paragraph (1) may include or create
procedures for cooperation and information sharing focusing on--
(A) matters specifically related to the finances of
terrorist groups, the means by which terrorist groups
transfer funds around the world and within the United
States, including through the use of charitable
organizations, nonprofit organizations, and
nongovernmental organizations, and the extent to which
financial institutions in the United States are
unwittingly involved in such finances and the extent to
which such institutions are at risk as a result;
(B) the relationship, particularly the financial
relationship, between international narcotics
traffickers and foreign terrorist organizations, the
extent to which their memberships overlap and engage in
joint activities, and the extent to which they cooperate
with each other in raising and transferring funds for
their respective purposes; and
(C) means of facilitating the identification of
accounts and transactions involving terrorist groups and
facilitating the exchange of information concerning such
accounts and transactions between financial institutions
and law enforcement organizations.
(3) Contents.--The regulations adopted pursuant to paragraph
(1) may--
(A) require that each financial institution
designate 1 or more persons to receive information
concerning, and to monitor accounts of individuals,
entities, and organizations identified, pursuant to
paragraph (1); and
(B) further establish procedures for the protection
of the shared information, consistent with the capacity,
size,
[[Page 115 STAT. 308]]
and nature of the institution to which the particular
procedures apply.
(4) Rule of construction.--The receipt of information by a
financial institution pursuant to this section shall not relieve
or otherwise modify the obligations of the financial institution
with respect to any other person or account.
(5) Use of information.--Information received by a financial
institution pursuant to this section shall not be used for any
purpose other than identifying and reporting on activities that
may involve terrorist acts or money laundering activities.
(b) Cooperation Among Financial Institutions.--Upon notice provided
to the Secretary, 2 or more financial institutions and any association
of financial institutions may share information with one another
regarding individuals, entities, organizations, and countries suspected
of possible terrorist or money laundering activities. A financial
institution or association that transmits, receives, or shares such
information for the purposes of identifying and reporting activities
that may involve terrorist ac