HomeMy WebLinkAbout2003 12 08 Regular 515 Resolution Opposing the USA Patriot Act
COMMISSION AGENDA
ITEM 515
Consent
Informational
Public Hearing
Regular X
December 8. 2003
Meeting
J/L...- ~"I tV/II :>
.
Mgr. / Att. / Dept.
REQUEST: Commissioner Miller has requested that the City Commission consider adopting a
resolution opposing the USA Patriot Act adopted by the United States Congress. The City Attorney
has compiled the information attached to this Agenda Item.
PURPOSE:
Commissioner Miller is requesting that the City Commission consider adopting a resolution
opposing the USA Patriot Act.
APPLICABLE LAW AND PUBLIC POLICY:
1. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism (USA Patriot Act) Act of2001, PL 107-56 (RR 3162).
CONSIDERATIONS:
1. On October 26,2001, the United States Congress adopted the USA Patriot Act to combat
terrorism.
2. According to the Bill of Rights Defense Committee, a private civil rights organization, 211
cities, towns and counties have already taken action opposing the USA Patriot Act. Attached
is a list of those cities, towns and counties and a summary of the action taken.
Page 1 of 2
3. In Florida, Alachua County, Broward County and the City of Sarasota have passed
resolutions. Copies are attached.
4. Elsewhere, Philadelphia and Chicago are the largest cities to have passed resolutions.
Copies are attached.
5. Adoption of a resolution by the City Commission simply voicing a statement for or against
the USA Patriot Act is a political policy statement and has no legal significance.
ST AFF RECOMMENDATION:
None.
ATTACHMENTS:
1. USA Patriot Act.
2. Summary prepared by the Bill of Rights Defense Committee.
3. Resolutions passed by Broward County, Alachua County, Sarasota, Philadelphia and
Chicago.
COMMISSION ACTION:
Page 2 of 3
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Page 1
PL 107-56,2001 HR 3162
PL 107-56, October 26,2001, 115 Stat 272
(Cite as: 115 Stat 272)
UNITED STATES PUBLIC LAWS
107th Congress - First Session
Convening January, 2001
Copr. @ West Group 2001. No Claim to Orig. U.S. Govt.Works
Additions and Deletions are not identified in this database.
Vetoed provisions within tabular material are not displayed
PL 107-56 (HR 3162)
October 26, 2001
UNITING AND~TRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS REQUIRED TO
INTERCEPT AND OBSTRUCT TERRORISM (USA PATRIOT ACT) ACT OF 2001
An Act To deter and punish terrorist acts in the United States and around the
world, to enhance law enforcement investigatory tools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
<< 113 USCA ~ 1 NOTE >>
(a) SHORT TITLE.--This Act may be cited as the "Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001".
(b) TABLE OF CONTENTS.--The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and Muslim
Americans.
Sec. 103. Increased funding for the technical support center at the Federal Bureau
of Investigation.
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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
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Surveillance Act.
Sec. 216. Modification of authorities relating to use of pen registers and trap and
trace devices.
*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 congre~sional review; expedited consideratioh.
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.
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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.
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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.
*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.
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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;
review.
judicial
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.
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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.
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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.
*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
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response to Government requests.
Sec. 816. Development and support of cybersecurity forensic capabil~ties.
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.
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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.
<< 18 USCA 5 1 NOTE >>
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable by its terms, or as
applied to any person or circumstance, shall be construed so as to give it the
maximum effect permitted by law, unless such holding shall be one of utter
invalidity or unenforceability, in which event such provision shall be deemed *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
<< 28 USCA ~ 524 NOTE >>
SEC. 101. COUNTERTERRORISM FUND.
(a) ESTABLISHMENT; AVAILABILITY.--There is hereby established in the Treasury of
the United States a separate fund to be known as the "Counterterrorism Fund",
amounts in which shall remain available without fiscal year limitation--
(1) to reimburse any Department of Justice component for any costs incurred in
connection with--
(A) reestablishing the operational capability of an office or facility that has
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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 playa 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 *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.
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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.
<< 18 USCA ~ 2332e >>
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".
<< 18 USCA ~ 3036 NOTE >>
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE INITIATIVE.
The Director of the United States Secret Service shall take appropriate actions to
develop a national network of electronic crime task forces, based on the New York
Electronic Crimes Task Force model, throughout the United States, for the purpose of
preventing, detecting, and investigating various forms of electronic crimes,
including potential terrorist attacks against critical infrastructure and financial
payment systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers Act (50 U.S.C. 1702) is amended--
(1) in subsection (a) (1)--
<< 50 USCA ~ 1702 >>
(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;";
<< 50 USCA ~ 1702 >>
(B) in subparagraph (B)--
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(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";
<< 50 USCA ~ 1702 >>
(C) by striking "by any person, or with respect to any property, subject to the
jurisdiction of the United States'; and
<< 50 USCA ~ 1702 >>
(D) by inserting at the end the following:
*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
<< 50 USCA ~ 1702 >>
(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 l(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--
<< 18 USCA ~ 2516 >>
(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
<< 18 USCA ~ 2516 >>
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(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".
<< 18 USCA ~ 2516 >>
SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING
TO COMPUTER FRAUD AND ABUSE OFFENSES.
Section 2516(1) (c) of title 18, United States Code, is amended by striking "and
section 1341 (relating to mail fraud)," and inserting "section-1341 (relating to
mail fraud), a felony violation of section 1030 (relating to computer fraud and
abuse),".
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.
(a) AUTHORITY TO SHARE GRAND JURY INFORMATION.--
<< FRCRP Rule 6 >>
*279 (1) IN GENERAL. --Rule 6 (e) (3) (C) of the Federal Rules of Criminal Procedure
is amended to read as follows:
"(Cl (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;
I/(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
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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
*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.".
<< FRCRP Rule 6 >>
(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.--
<< 18 USCA ~ 2517 >>
(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.".
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(2) DEFINITION.--Section 2510 of title 18, United States Code, is amended by--
<< 18 USCA ~ 2510 >>
(A) in paragraph (17), by striking "and" after the semicolon;
<< 18 USCA ~ 2510 >>
(B) in paragraph (18), by striking the period and inserting "; and"; and
<< 18 USCA ~ 2510 >>
(Cl by inserting at the end the following:
.. (19) 'foreign intelligence information I 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....
<< 18 USCA ~ 2517 NOTE >>
(c) PROCEDURES.--The Attorney General shall establish procedures for the disclosure
of information pursuant to section 2517 (6) *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)).
<< 50 USCA ~ 403-5d >>
(d) FOREIGN INTELLIGENCE INFORMATION.--
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be lawful
for foreign intelligence or counterintelligence (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)) or foreign intelligence information
obtained as part of a criminal investigation to be disclosed to any Federal law
enforcement, intelligence, protective, immigration, national defense, or national
security official in order to assist the official receiving that information in the
performance of his official duties. Any Federal official who receives information
pursuant to this provision may use that information only as necessary in the conduct
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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.
<< 18 USCA ~ 2511 >>
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".
<< 28 USCA 5 532 NOTE >>
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF INVESTIGATION.
(a) AUTHORITY.--The Director of the Federal Bureau of Investigation is authorized
to expedite the employment of personnel as translators to support counterterrorism
investigations and operations without regard to applicable Federal personnel
requirements and limitations.
(b) SECURITY REQUIREMENTS.--The Director of the Federal Bureau of Investigation
shall establish such security requirements as are necessary for the personnel
employed as translators under subsection (a).
*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;
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(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.
<< 50 USCA ~ 1805 >>
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.--
<< 50 USCA ~ 1805 >>
(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".
<< 50 USCA ~ 1824 >>
(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.--
<< 50 USCA ~ 1805 >>
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(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
(8) inserting before the period the following: and (8) 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".
<< 50 USCA S 1824 >>
(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),".
<< 50 USCA S 1803 >>
*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--
<< 18 USCA S 2510 >>
(A) in paragraph (1), by striking beginning with "and such" and all that follows
through "communication"; and
<< 18 USCA S 2510 >>
(8) in paragraph (14), by inserting "wire or" after "transmission of"; and
<< 18 USCA S 2703 >>
(2) in subsections (a) and (b) of section 2703--
(A) by striking "CONTENTS OF ELECTRONIC" and inserting "CONTENTS OF WIRE OR
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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--
<< 18 USCA ~ 2703 >>
(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
<< 18 USCA ~ 2703 >>
(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)--
<< 47 USCA ~ 551 >>
(A) in subparagraph (B), by striking "or";
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<< 47 USCA ~ 551 >>
(B) in subparagraph (e), by striking the period at the end and inserting
or"; and
" .
,
<< 47 USCA ~ 551 >>
(C) by inserting at the end the following:
*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
<< 47 USCA ~ 551 >>
(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--
<< 18 USCA ~ 2702 >>
(A) by striking the section heading and inserting the following:
"~ 2702. Voluntary disclosure of customer communications or records";
(B) in subsection (a)--
<< 18 USCA ~ 2702 >>
(i) in paragraph (2) (A), by striking "and" at the end;
<< 18 USCA ~ 2702 >>
(ii) in paragraph (2) (B), by striking the period and inserting "; and"; and
<< 18 USCA ~ 2702 >>
(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
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communications covered by paragraph (1) or (2)) to any governmental entity.";
<< 18 USCA S 2702 >>
(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)--
<< 18 USCA ~ 2702 >>
(i) in subparagraph (A) (ii), by striking "or";
<< 18 USCA ~ 2702 >>
(ii) in subparagraph (B), by striking the period and inserting "; or"; and
<< 18 USCA S 2702 >>
(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
<< 18 USCA ~ 2702 >>
(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) (I) 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;
*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.".
<< 18 USCA prec. ~ 2701 >>
(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
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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--
<< 18 USCA ~ 2703 >>
(A) by striking the section heading and inserting the following:
"5 2703. Required disclosure of customer communications or records";
<< 18 USCA 5 2703 >>
(B) in subsection (cl by redesignating paragraph (2) as paragraph (3);
(C) in subsection (c) (1)--
<< 18 USCA 5 2703 >>
(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";
<< 18 USCA ~ 2703 >>
(ii) by striklng "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 thi& section) to a governmental entity' and inserting '}";
<< 18 USCA ~ 2703 >>
(iii) by redesignating subparagraph (C) as paragraph (2);
<< 18 USCA 5 2703 >>
(iv) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A),
(B), (C), and (0), respectively;
<< 18 USCA 5 2703 >>
(v) in subparagraph (O) (as redesignated) by striking the period and
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inserting "; or"; and
<< 18 USCA ~ 2703 >>
(vi) by inserting after subparagraph (D) (as redesignated) the following:
"(E) seeks information under paragraph (2) ."; and
<< 18 USCA ~ 2703 >>
(D) in paragraph (2) (as redesignated) by striking "subparagraph (B)" and insert
"paragraph (1)".
- << 18 USCA prec. ~ 2701 >>
(2) TECHNICAL AND CONFORMING AMENOMENT.--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 corrununications or records.".
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.
Section 3103a of title 18, United States Code, is amended--
<< 18 USCA ~ 3103a >>
*286 (I) by inserting "(a) IN GENERAL.--" before "In addition"; and
<< 18 USCA ~ 3103a >>
(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--
"(I) the court finds reasonable cause to believe that providing irrunediate
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 corrununication (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.".
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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--
<< 50 USCA ~ 1842 >>
(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";
<< 50 USCA ~ 1842 >>
(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.";
<< 50 USCA ~ 1842 >>
(3) by striking subsection (c) (3); and
<< 50 USCA ~ 1842 >>
(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, *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 O.S.C. 1843) is amended--
<< 50 USCA ~ 1843 >>
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(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
<< 50 USCA ~ 1843 >>
(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.
<< 50 USCA ~~ 1861, 1862, 1863 >>
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:
<< 50 USCA ~ 1861 >>
"SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND
INTERNATIONAL TERRORISM INVESTIGATIONS.
"(a) (1) The Director of the Federal Bureau of Investigation or a designee of the
Director (whose rank shall be no lower than Assistant Special Agent in Charge) may
make an application for an order requiring the production of any tangible things
(including books, records, papers, documents, and other items) for an investigation
to protect against international terrorism or clandestine intelligence activit~es,
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 l03(a); or
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"(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
*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.
<< 50 USCA ~ 1862 >>
"SEC. 502. CONGRESSIONAL OVERSIGHT.
"(a) On a semiannual basis, the Attorney General shall fully inform the Permanent
Select Committee on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate concerning all requests for the production
of tangible things under section 402.
"(b) On a semiannual basis, the Attorney General shall provide to the Committees on
the Judiciary of the House of Representatives and the Senate a report setting forth
with respect to the preceding 6-month period--
"(1) the total number of applications made for orders approving requests for the
production of tangible things under section 402; and
"(2) the total number of such orders either granted, modified, or denied.".
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS AND TRAP AND
TRACE DEVICES.
<< 18 USCA ~ 3121 >>
(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
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(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.--
<< 18 USCA ~ 3123 >>
(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 *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 en~ity 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
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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--
<< 18 USCA ~ 3123 >>
(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
<< 18 USCA ~ 3123 >>
(B) by striking subparagraph (C) and inserting the following:
*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".
<< 18 USCA ~ 3123 >>
(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.--
<< 18 USCA ~ 3127 >>
(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".
<< 18 USCA ~ 3127 >>
(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
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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
<< 18 USCA ~ 3127 >>
(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".
<< 18 USCA ~ 3127 >>
(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".
<< 18 USCA ~ 3124 >>
(5) TECHNICAL AMENDMENT.--Section 3124(d) of title 18, United States Code, is
amended by striking "the terms of".
<< 18 USCA ~ 3124 >>
(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--
*291 (1) in section 2510--
<< 18 USCA ~ 2510 >>
(Al in paragraph (18), by striking "and" at the end;
<< 18 USCA ~ 2510 >>
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(B) in paragraph (19), by striking the period and inserting a semicolon; and
<< 18 USCA ~ 2510 >>
(C) by inserting after paragraph (19) the following:
.. (20) 'protected computer' has the meaning set forth in section 1030; and
.. (20)
"(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
<< 18 USCA ~ 2511 >>
(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....
<< 50 USCA ~ 1804 >>
<< 50 USCA ~ 1823 >>
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".
<< FRCRP Rule 41 >>
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
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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--
<< 18 USCA 5 2703 >>
(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 *292 Criminal Procedure by a court with jurisdiction over the offense under
investigation"; and
(2) in section 2711--
<< 18 USCA 5 2711 >>
(A) in paragraph (1), by s tri king "and";
<< 18 USCA 5 2711 >>
(B) in paragraph (2), by striking the period and inserting "; and"; and
<< 18 USCA 5 2711 >>
(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.".
<< 18 USCA 5 2703 >>
(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--
<< 22 USCA 5 7203 >>
(1) by amending section 904(2) (C) to read as follows:
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"(C) used to facilitate the design, development, or production of chemical or
biological weapons, missiles, or weapons of mass destruction.";
<< 22 USCA ~ 7205 >>
(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
<< 22 USCA ~ 7205 >>
(3) in section 906(a) (2), by inserting ", or to any other entity in Syria or North
Korea" after "Korea".
<< 22 USCA ~ 7210 >>
(b) APPLICATION OF THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT. --
Nothing in the Trade Sanctions Reform and Export Enhancement Act of 2000 shall limit
the application or scope of any law establishing criminal or civil penalties,
including any Executive order or regulation promulgated pursuant to such laws (or
similar or successor laws), for the unlawful export of any agricultural commodity,
medicine, or medical device to--
(1) a foreign organization, group, or person designated pursuant to Executive
Order No. 12947 of January 23, 1995, as amended;
(2) a Foreign Terrorist Organization pursuant to the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132);
(3) a foreign organization, group, or person designated pursuant to Executive
Order No. 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant to Executive Order No.
12978 (October 21, 1995) or the Foreign Narcotics Kingpin Designation Act (Public
Law 106-120); or
(5) any foreign organization, group, or persons subject to any restriction for its
involvement in weapons of mass destruction or missile proliferation.
<< 18 USCA ~ 3124 NOTE >>
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.
Nothing in this Act shall impose any additional technical obligation or requirement
on a provider of a wire or electronic communication service or other person to
furnish facilities or technical assistance. A provider of a wire or electronic
communication service, *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.
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SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.
(a) Section 2520 of title 18, United States Code, is amended--
<< 18 USCA ~ 2520 >>
(1) in subsection (a), after "entity", by inserting ", other than the United
States,";
<< 18 USCA ~ 2520 >>
(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
<< 18 USCA ~ 2520 >>
(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--
<< 18 USCA ~ 2707 >>
(1) in subsection (a), after "entity", by inserting" other than the United
States,";
<< 18 USCA ~ 2707 >>
(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
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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."i and
<< 18 USCA ~ 2707 >>
(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 *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:
<< 18 USCA ~ 2712 >>
"~ 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 seg.) 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.--(l) 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.
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"(4) Notwithstanding any other provision of law, the procedures set forth in
section 106(fl, 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 *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.--(l) 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) df 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 anyone Dr 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.".
<< 18 USCA prec. ~ 2701 >>
(2) The table of sections at the beginning of chapter 121 is amended to read as
follows:
"2712. Civil action against the United States.".
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<< 18 USCA & 2510 NOTE >>
SEC. 224. SUNSET.
(a) IN GENERAL.--Except as provided in subsection (b), this title and the
amendments made by this title (other than sections 203(a), 203(c), 205, 208, 210,
211, 213, 216, 219, 221, and 222, and the amendments made by those sections) shall
cease to have effect on December 31, 2005.
(b) EXCEPTION.--With respect to any particular foreign intelligence investigation
that began before the date on which the provisions referred to in subsection (a)
cease to have effect, or with respect to any particular offense or potential offense
that began or occurred before the date on which such provisions cease to have
effect, such provisions shall continue in effect.
SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.
<< 50 USCA & 1805 >>
Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S. C. 1805)
is amended by inserting after subsection (g) the following:
*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 III--INTERNATIONAL MONEY LAUNDERING
ABATEMENT AND ANTI-TERRORIST
FINANCING ACT OF 2001
<< 31 USCA & 5301 NOTE >>
SEC. 301. SHORT TITLE.
This title may be cited as the "International Money Laundering Abatement and
Financial Anti-Terrorism Act of 2001".
<< 31 USCA ~ 5311 NOTE >>
SEC. 302. FINDINGS AND PURPOSES.
(a) FINDINGS.--The Congress finds that--
(1) money laundering, estimated by the International Monetary Fund to amount to
between 2 and 5 percent of global gross domestic product, which is at least
$600,000,000,000 annually, provides the financial fuel that permits transnational
criminal enterprises to conduct and expand their operations to the detriment of the
safety and security of American citizens;
(2) money laundering, and the defects in financial transparency on which money
launderers rely, are critical to the financing of global terrorism and the provision
of funds for terrorist attacks;
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(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
organizat4.ons;
(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;
*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
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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 *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.
<< 31 USCA ~ 5311 NOTE >>
SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED CONSIDERATION.
(a) IN GENERAL.--Effective on and after the first day of fiscal year 2005, the
provisions of this title and the amendments made by this title shall terminate if
the Congress enacts a joint resolution, the text after the resolving clause of which
is as follows: "That provisions of the International Money Laundering Abatement and
Anti-Terrorist Financing Act of 2001, and the amendments made thereby, shall no
longer have the force of law.".
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(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.
<< 31 USCA ~ 5318A >>
(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:
"~ 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 *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
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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.
*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
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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.
*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 eomestic 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
financial institution who is permitted
through, such payable-through account;
representative of such customer) of such
to use, or whose transactions are routed
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, OL 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
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correspondent account or payable- through account by any domestic financial
institution or domestic financial agency for or on behalf of *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
jurisdict.ion, 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.
"(8) 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 *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
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"(iii) the extent to which such action is sufficient to ensure, with respect to
transactions involving the jurisdiction and institutions operating in the
jurisdiction, that the purposes of this subchapter continue to be fulfilled, and to
guard against international money laundering and other financial crimes.
"(d) NOTIFICATION OF SPECIAL MEASURES INVOKED BY THE SECRETARY.--Not later than 10
days after the date of any action taken by the Secretary of the Treasury under
subsection (a) (1), the Secretary shall notify, in writing, the Committee on
Financial Services of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate of any such action.
"(e) DEFINITIONS.--Notwithstanding any other provision of this subchapter, for
purposes of this section and subsections (i) and (j) of section 5318, the following
definitions shall apply:
"(1) BANK DEFINITIONS.--The following definitions shall apply with respect to a
bank:
"(A) ACCOUNT.--The term 'account'--
"(i) means a formal banking or business relationship established to provide
regular services, dealings, and other financial transactions; and
"(ii) includes a demand deposit, savings deposit, or other transaction or asset
account and a credit account or other extension of credit.
"(B) CORRESPONDENT ACCOUNT.--The term 'correspondent account' means an account
established to receive deposits from, make payments on behalf of a foreign financial
institution, or handle other financial transactions related to such institution.
"(C) PAYABLE-THROUGH ACCOUNT.--The term 'payable-through account' means an
account, including a transaction account (as defined in section 19 (b) (1) (C) of the
Federal Reserve Act), opened at a depository institution by a foreign financial
institution by means of which the foreign financial institution permits its
customers to engage, either directly or through a subaccount, in banking activities
usual in connection with the business of banking in the United States.
"(2) DEFINITIONS APPLICABLE TO INSTITUTIONS OTHER THAN BANKS.--With respect to any
financial institution other than a bank, the Secretary shall, after consultation
with the appropriate Federal functional regulators (as defined in section 509 of the
Gramm-Leach-Bliley Act), define by regulation the term 'account', and shall include
within the meaning of that term, to the extent, if any, that the Secretary deems
appropriate, arrangements similar to payable- through and correspondent accounts.
"(3) REGULATORY DEFINITION OF BENEFICIAL OWNERSHIP.--The Secretary shall
promulgate regulations defining beneficial ownership of an account for purposes of
this section and subsections (i) and (j) of section 5318. Such regulations shall
address issues related to an individual's authority to fund, *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.".
<< 31 USCA prec. ~ 5301 >>
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(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:
"531BA. 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.
<< 31 USCA ~ 5318 >>
(a) IN GENERAL.--Section 5318 of title 31, United States Code, is amende~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 o~ 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 *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
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Page 46
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.".
<< 31 USCA ~ 5318 NOTE >>
(b) REGULATORY AUTHORITY AND EFFECTIVE DATE.--
(1) REGULATORY AUTHORITY.--Not later than 180 days after the date of enactment of
this Act, the Secretary, in consultation with the appropriate Federal functional
regulators (as defined in section 509 of the Gramm-Leach- Bliley Act) of the
affected financial institutions, shall further delineate, by regulation, the due
diligence policies, procedures, and controls required *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.
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SEC. 313. PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH FOREIGN SHELL
BAN K S .
<< 31 USCA 5 5318 >>
(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 I covered financial
institution') shall not establish, maintain, administer, or manage a correspondent
account ~n 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 *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.".
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<< 31 USCA ~ 5318 NOTE >>
(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take effect at the
end of the 60-day period beginning on the date of enactment of this Act.
<< 31 USCA ~ 5311 NOTE >>
SEC. 314. COOPERATIVE EFFORTS TO DETER MONEY LAUNDERING.
(a) COOPERATION AMONG FINANCIAL INSTITUTIONS, REGULATORY AUTHORITIES, AND LAW
ENFORCEMENT AUTHORITIES.--
(1) REGULATIONS.--The Secretary shall, within 120 days after the date of enactment
of this Act, adopt regulations to encourage further cooperation among financial
institutions, their regulatory authorities, and law enforcement authorities, with
the specific purpose of encouraging regulatory authorities and law enforcement
authorities to share with financial institutions information regarding individuals,
entities, and organizations engaged in or reasonably suspected based on credible
evidence of engaging in terrorist acts or money laundering activities.
(2) COOPERATION AND INFORMATION SHARING PROCEDURES.--The regulations adopted under
paragraph (1) may include or create procedures for cooperation and information
sharing focusing on--
(A) matters specifically related to the finances of terrorist groups, the means
by which terrorist groups transfer funds around the world and within the United
States, including through the use of charitable organizations, nonprofit
organizations, and nongovernmental organizations, and the extent to which financial
institutions in the United States are unwittingly involved in such finances and the
extent to which such institutions are at risk as a result;
(B) the relationship, particularly the financial relationship, between
international narcotics traffickers and foreign terrorist organizations, the extent
to which their memberships overlap and engage in joint activities, and the extent to
which they cooperate with each other in raising and transferring funds for their
respective purposes; and
(C) means of facilitating the identification of accounts and transactions
involving terrorist groups and facilitating the exchange of information concerning
such accounts and transactions between financial institutions and law enforcement
organizations.
(3) CONTENTS.--The regulations adopted pursuant to paragraph (1) may--
(A) require that each financial institution designate 1 or more persons to
receive information concerning, and to monitor accounts of individuals, entities,
and organizations identified, pursuant to paragraph (1); and
(B) further establish procedures for the protection of the shared information,
consistent with the capacity, size, *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
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reporting on activities that may involve terrorist acts or money laundering
activities.
(b) COOPERATION AMONG FINANCIAL INSTITUTIONS.--Upon notice provided to the
Secretary, 2 or more financial institutions and any association of financial
institutions may share information with one another regarding individuals, entities,
organizations, and countries suspected of possible terrorist or money laundering
activities. A financial institution or association that transmits, receives, or
shares such information for the purposes of identifying and reporting activities
that may involve terrorist acts or money laundering activities shall not be liable
to any person under any law or regulation of the United States, any constitution,
law, or regulation of any State or political subdivision thereof, or under any
contract or other legally enforceable agreement (including any arbitration
agreement), for such disclosure or for any failure to provide notice of such
disclosure to the person who is the subject of such disclosure, or any other person
identified in the disclosure, except where such transmission, receipt, or sharing
violates this section or regulations promulgated pursuant to this section.
(c) RULE OF CONSTRUCTION.--Compliance with the provisions of this title requiring
or allowing financial institutions and any association of financial institutions to
disclose or share information regarding individuals, entities, and organizations
engaged in or suspected of engaging in terrorist acts or money laundering activities
shall not constitute a violation of the provisions of title V of the
Gramm-Leach-Bliley Act (Public Law 106-102) .
(d) REPORTS TO THE FINANCIAL SERVICES INDUSTRY ON SUSPICIOUS FINANCIAL
ACTIVITIES.--At least semiannually, the Secretary shall--
(1) publish a report containing a detailed analysis identifying patterns of
suspicious activity and other investigative insights derived from suspicious
activity reports and investigations conducted by Federal, State, and local law
enforcement agencies to the extent appropriate; and
(2) distribute such report to financial institutions (as defined in section 5312
of title 31, United States Code).
SEC. 315. INCLUSION OF FOREIGN CORRUPTION OFFENSES AS MONEY LAUNDERING CRIMES.
Section 1956(c} (7) of title 18, United States Code, is amended--
(1) in subparagraph (B)--
<< 18 USCA ~ 1956 >>
(A) in clause (ii), by striking "or destruction of property by means of explosive
or fire" and inserting "destruction of property by means of explosive or fire, or a
crime of violence (as defined in section 16}";
<< 18 USCA ~ 1956 >>
(B) in clause (iii), by striking "1978" and inserting "1978}"; and
<< 18 USCA ~ 1956 >>
(Cl by adding at the end the following:
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*309 "(iv) bribery of a public official, or the misappropriation, theft, ~r
embezzlement of public funds by or for the benefit of a public official;
"(v) smuggling or export control violations involving--
"(I) an item controlled on the United States Munitions List established under
section 38 of the Arms Export Control Act (22 U.S.C. 2778); or
"(II) an item controlled under regulations under the Export Administration
Regulations (15 C.F.R. Parts 730-774); or
"(vi) an offense with respect to which the United States would be obligated
by a multilateral treaty, either to extradite the alleged offender or to submit the
case for prosecution, if the offender were found within the territory of the United
States;"; and
<< 18 USCA ~ 1956 >>
(2) in subparagraph (0)--
(A) by inserting "section 541 (relating to goods falsely classified)," before
"section 542";
(S) by inserting "section 922 (1) (relating to the unlawful importation of
firearms), section 924 (n) (relating to firearms trafficking)," before "section 956";
(C) by inserting "section 1030 (relating to computer fraud and abuse)," before
"1032"; and
(0) by inserting "any felony violation of the Foreign Agents Registration Act of
1938," before "or any felony violation of the Foreign Corrupt Practices Act".
SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.
<< 18 USCA ~ 983 NOTE >>
(al RIGHT TO CONTEST.--An owner of property that is confiscated under any provision
of law relating to the confiscation of assets of suspected international terrorists,
may contest that confiscation by filing a claim in the manner set forth in the
Federal Rules of Civil Procedure (Supplemental Rules for Certain Admiralty and
Maritime Claims), and asserting as an affirmative defense that--
(1) the property is not subject to confiscation under such provision of law; or
(2) the innocent owner provisions of section 983(d) of title 18, United States
Code, apply to the case.
<< 18 USCA ~ 983 NOTE >>
(b) EVIOENCE.--In considering a claim filed under this section, a court may admit
evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the
court determines that the evidence is reliable, and that compliance with the Federal
Rules of Evidence may jeopardize the national security interests of the United
States.
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<< 18 USCA ~ 983 NOTE >>
(c) CLARIFICATIONS.--
(1) PROTECTION OF RIGHTS.--The exclusion of certain provisions of Federal law from
the definition of the term "civil forfeiture statute" in section 983(i) of title 18,
United States Code, shall not be construed to deny an owner of property the right to
contest the confiscation of assets of suspected international terrorists under--
(A) subsection (a) of this section;
(B) the Constitution; or
*310 (C) subchapter II of chapter 5 of title 5, United States Code (commonly
known as the "Administrative Procedure Act") .
(2) SAVINGS CLAUSE.--NDthing in this section shall limit or otherwise affect any
other remedies that may be available to an owner of property under section 983 of
title 18, United States Code, or any other provision of law.
<< 18 USCA ~ 983 >>
(d) TECHNICAL.CORRECTION.--Section 983(i) (2) (D) of title 18, United States Code, is
amended by inserting "or the International Emergency Economic Powers Act (IEEPA) (50
U.S.C. 1701 et seq.)" before the semicolon.
SEC. 317. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.
Section 1956(b) of title 18, United States Code, is amended--
<< 18 USCA ~ 1956 >>
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively, and moving the margins 2 ems to the right;
<< 18 USCA ~ 1956 >>
(2) by inserting after "(b)" the following:
"PENALTIES.--
"(1) IN GENERAL.--";
<< 18 USCA ~ 1956 >>
(3) by inserting ", or section 1957" after "or (a) (3)"; and
<< 18 USCA ~ 1956 >>
(4) by adding at the end the following:
"(2) JURISDICTION OVER FOREIGN PERSONS.--For purposes of adjudicating an action
filed or enforcing a penalty ordered under this section, the district courts shall
have jurisdiction over any foreign person, including any financial institution
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authorized under the laws of a foreign country, against whom the action is brought,
if service of process upon the foreign person is made under the Federal Rules of
Civil Procedure or the laws of the country in which the foreign person is found,
and--
"(A) the foreign person commits an offense under subsection (a) involving a
financial transaction that occurs in whole or in part in the United States;
"(8) the foreign person converts, to his or her own use, property in which the
United States has an ownership interest by virtue of the entry of an order of
forfeiture by a court of the United States; or
"(C) the foreign person is a financial institution that maintains a bank account
at a financial institution in the United States.
"(3) COURT AUTHORITY OVER ASSETS.--A court described in paragraph (2) may issue a
pretrial restraining order or take any other action necessary to ensure that any
bank account or other property held by the defendant in the United States is
available to satisfy a judgment under this section.
"(4) FEDERAL RECEIVER.--
"(A) IN GENERAL.--A court described in paragraph (2) may appoint a Federal
Receiver, in accordance with subparagraph (8) of this paragraph, to collect,
marshal, and take custody, control, and possession of all assets of the defendant,
wherever located, to satisfy a civil judgment under this subsection, a forfeiture
judgment under section 981 or 982, or a criminal sentence under section 1957 or
subsection (a) of this section, including an order of restitution to any victim of a
specified unlawful activity.
*311 "(B) APPOINTMENT AND AUTHORITY.--A Federal Receiver described in
subparagraph (A)--
"(i) may be appointed upon application of a Federal prosecutor or a Federal or
State regulator, by the court having jurisdiction over the defendant in the case;
"(ii) shall be an officer of the court, and the powers of the Federal Receiver
shall include the powers set out in section 754 of title 28, United States Code;
and
"(iii) shall have standing equivalent to that of a Federal prosecutor for the
purpose of submitting requests to obtain information regarding the assets of the
defendant--
"(I) from the Financial Crimes Enforcement Network of the Department of the
Treasury; or
"(II) from a foreign country pursuant to a mutual legal assistance treaty,
multilateral agreement, or other arrangement for international law enforcement
assistance, provided that such requests are in accordance with the policies and
procedures of the Attorney General.".
<< 18 USCA ~ 1956 >>
SEC. 318. LAUNDERING MONEY THROUGH A FOREIGN BANK.
Section 1956(c) of title 18, United States Code, is amended by striking paragraph
(6) and inserting the following:
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"(6) the term 'financial institution' includes--
.. (A) any financial institution, as defined in section 5312 (a) (2) of title 31,
United States Code, or the regulations promulgated thereunder; and
"(B) any foreign bank, as defined in section 1 of the International Banking Act
of 1978 (12 U.S.C. 3101)....
SEC. 319. FORFEITURE OF FUNDS IN UNITED STATES INTERBANK ACCOUNTS.
<< 18 USCA ~ 981 >>
(a) FORFEITURE FROM UNITED STATES INTERBANK ACCOUNT.--Section 981 of title 18,
United States Code, is amended by adding at the end the following:
"(k) INTERBANK ACCOUNTS.--
"(I) IN GENERAL.--
"(A) IN GENERAL.--For the purpose of a forfeiture under this section or under the
Controlled Substances Act (21 U.S.C. 801 et seq.), if funds are deposited into an
account at a foreign bank, and that foreign bank has an interbank account in the
United States with a covered financial institution (as defined in section 5318(j) (1)
of title 31), the funds shall be deemed to have been deposited into the interbank
account in the United States, and any restraining order, seizure warrant, or arrest
warrant in rem regarding the funds may be served on the covered financial
institution, and funds in the interbank account, up to the value of the funds
deposited into the account at the foreign bank, may be restrained, seized, or
arrested.
"(B) AUTHORITY TO SUSPEND.--The Attorney General, in consultation with the
Secretary of the Treasury, may suspend or terminate a forfeiture under this section
if the Attorney General determines that a conflict of law exists between the laws of
the jurisdiction in which the foreign bank is located and the laws of the United
States *312 with respect to liabilities arising from the restraint, seizure, or
arrest of such funds, and that such suspension or termination would be in the
interest of justice and would not harm the national interests of the United States.
"(2) NO REQUIREMENT FOR GOVERNMENT TO TRACE FUNDS.--If a forfeiture acti0n is
brought against funds that are restrained, seized, or arrested under paragraph (1),
it shall not be necessary for the Government to establish that the funds are
directly traceable to the funds that were deposited into the foreign bank, nor shall
it be necessary for the Government to rely on the application of section 984.
"(3) CLAIMS BROUGHT BY OWNER OF THE FUNDS.--If a forfeiture action is instituted
against funds restrained, seized, or arrested under paragraph (I), the owner of the
funds deposited into the account at the foreign bank may contest the forfeiture by
filing a claim under section 983.
"(4) DEFINITIONS.--For purposes of this subsection, the following definitions
shall apply:
"(A) INTERBANK ACCOUNT.--The term 'interbank account' has the same meaning as in
section 984 (c) (2) (B) .
"(B) OWNER.--
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"(i) IN GENERAL.--Except as provided in clause (ii), the term 'owner'--
"(I) means the person who was the owner, as that term is defined in section
983(d) (6), of the funds that were deposited into the foreign bank at the time such
funds were deposited; and
"(II) does not include either the foreign bank or any financial institution acting
as an intermediary in the transfer of the funds into the interbank account.
"(ii) EXCEPTION.--The foreign bank may be considered the 'owner' of the funds
(and no other person shall qualify as the owner of such funds) only if--
"(I) the basis for the forfeiture action is wrongdoing committed by the foreign
bank; or
"(II) the foreign bank establishes, by a preponderance of the evidence, that prior
to the restraint, seizure, or arrest of the funds, the foreign bank had discharged
all or part of its obligation to the prior owner of the funds, in which ~ase the
foreign bank shall be deemed the owner of the funds to the extent of such discharged
obligation.".
<< 31 USCA ~ 5318 >>
(b) BANK RECORDS.--Section 5318 of title 31, United States Code, as amended by this
title, is amended by adding at the end the following:
"(k) BANK RECORDS RELATED TO ANTI-MONEY LAUNDERING PROGRAMS.--
"(1) DEFINITIONS.--For purposes of this subsection, the following definitions
shall apply:
"(A) APPROPRIATE FEDERAL BANKING AGENCY.--The term 'appropriate Federal banking
agency' has the same meaning as in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813).
"(B) INCORPORATED TERM.--The term 'correspondent account' has the same meaning
as in section 5318A(f) (1) (B).
*313 "(2) 120-HOUR RULE.--Not later than 120 hours after receiving a request by an
appropriate Federal banking agency for information related to anti-money laundering
compliance by a covered financial institution or a customer of. such institution, a
covered financial institution shall provide to the appropriate Federal banking
agency, or make available at a location specified by the representative of the
appropriate Federal banking agency, information and account documentation for any
account opened, maintained, administered or managed in the United States by the
covered financial institution.
"(3) FOREIGN BANK RECORDS.--
"(A) SUMMONS OR SUBPOENA OF RECORDS.--
"(i) IN GENERAL.--The Secretary of the Treasury or the Attorney General may
issue a summons or subpoena to any foreign bank that maintains a correspondent
account in the United States and request records related to such correspondent
account, including records maintained outside of the United States relating to the
deposit of funds into the foreign bank.
"(ii) SERVICE OF SUMMONS OR SUBPOENA.--A summons or subpoena referred to in
clause (i) may be served on the foreign bank in the United States if the foreign
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bank has a representative in the United States, or in a foreign country pursuant to
any mutual legal assistance treaty, multilateral agreement, or other request for
international law enforcement assistance.
"(B) ACCEPTANCE OF SERVICE.--
"(i) MAINTAINING RECORDS IN THE UNITED STATES.--Any covered financial
institution which maintains a correspondent account in the United States for a
foreign bank shall maintain records in the United States identifying the owners of
such foreign bank and the name and address of a person who resides in the United
States and is authorized to accept service of legal process for records regarding
the correspondent account.
"(ii) LAW ENFORCEMENT REQUEST.--Upon receipt of a written request from a Federal
law enforcement officer for information required to be maintained under this
paragraph, the covered financial institution shall provide the information to the
requesting officer not later than 7 days after receipt of the request.
"(C) TERMINATION OF CORRESPONDENT RELATIONSHIP.--
"(i) TERMINATION UPON RECEIPT OF NOTICE.--A covered financial institution shall
terminate any correspondent relationship with a foreign bank not later than 10
business days after receipt of written notice from the Secretary or the Attorney
General (in each case, after consultation with the other) that the foreign bank has
failed--
"(I) to comply with a summons or subpoena issued under subparagraph (A); or
"(II) to initiate proceedings in a United States court contesting such summons or
subpoena.
*314 "(ii) LIMITATION ON LIABILITY.--A covered financial institution shall not
be liable to any person in any court or arbitration proceeding for terminating a
correspondent relationship in accordance with this subsection.
"(iii) FAILURE TO TERMINATE RELATIONSHIP.--Failure to terminate a
correspondent relationship in accordance with this subsection shall render the
covered financial institution liable for a civil penalty of up to $10,000 per day
until the correspondent relationship is so terminated.".
<< 31 USCA 5 5318 NOTE >>
(c) GRACE PERIOD.--Financial institutions shall have 60 days from the date of
enactment of this Act to comply with the provisions of section 5318(k) of title 31,
United States Code, as added by this section.
(d) AUTHORITY TO ORDER CONVICTED CRIMINAL TO RETURN PROPERTY LOCATED ABROAD.--
<< 21 USCA ~ 853 >>
(1) FORFEITURE OF SUBSTITUTE PROPERTY.--Section 413(p) of the Controlled
Substances Act (21 U.S.C. 853) is amended to read as follows:
"(p) FORFEITURE OF SUBSTITUTE PROPERTY.--
"(I) IN GENERAL.--Paragraph (2) of this subsection shall apply, if any property
described in subsection (a), as a result of any act or omission of the defendant--
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"(A) cannot be located upon the exercise of due diligence;
"(B) has been transferred or sold to, or deposited with, a third party;
"(C) has been placed beyond the jurisdiction of the court;
"(0) has been substantially diminished in value; or
"(E) has been commingled with other property which cannot be divided without
difficul ty.
"(2) SUBSTITUTE PROPERTY.--In any case described in any of subparagraphs (A)
through (E) of paragraph (1), the court shall order the forfeiture of any other
property of the defendant, up to the value of any property described in
subparagraphs (A) through (E) of paragraph (1), as applicable.
"(3) RETURN OF PROPERTY TO JURISOICTION.--In the case of property described in
paragraph (1) (C), the cou~t may, in addition to any other action authorized by this
subsection, order the defendant to return the property to the jurisdiction of the
court so that the property may be seized and forfeited.".
<< 21 USCA ~ 853 >>
(2) PROTECTIVE ORDERS.--Section 413(e) of the Controlled Substances Act (21 U.S.C.
853(e)) is amended by adding at the end the following:
"(4) ORDER TO REPATRIATE AND DEPOSIT.--
"(A) IN GENERAL.--Pursuant to its authority to enter a pretrial restraining
order under this section, the court may order a defendant to repatriate any property
that may be seized and forfeited, and to deposit that property pending trial in the
registry of the court, or with the United States Marshals Service or the Secretary
of the Treasury, in an interest-bearing account, if appropriate.
"(B) FAILURE TO COMPLY.--Failure to comply with an order under this subsection,
or an order to repatriate property under subsection (p), shall be punishable as a
civil *315 or criminal contempt of court, and may also result in an enhancement of
the sentence of the defendant under the obstruction of justice provision of the
Federal Sentencing Guidelines.".
<< 18 USCA ~ 981 >>
SEC. 320. PROCEEDS OF FOREIGN CRIMES.
Section 981 (a) (1) (B) of title 18, United States Code, is amended to read as
follows:
"(B) Any property, real or personal, within the jurisdiction of the United States,
constituting, derived from, or traceable to, any proceeds obtained directly or
indirectly from an offense against a foreign nation, or any property used to
facilitate such an offense, if the offense--
"(i) involves the manufacture, importation, sale, or distribution of a controlled
substance (as that term is defined for purposes of the Controlled Substances Act),
or any other conduct described in section 1956(c) (7) (B);
"(ii) would be punishable within the jurisdiction of the foreign nation by death
Cope (Q West 2003 No Claim to Orig. U.S. Govt. Works
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or imprisonment for a term exceeding 1 year; and
"(iii) would be punishable under the laws of the United States by imprisonment
for a term exceeding 1 year, if the act or activity constituting the offense had
occurred within the jurisdiction of the United States.".
SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II OF CHAPTER 53 OF TITLE
31, UNITED STATES CODE.
<< 31 USCA ~ 5312 >>
(a) CREDIT UNIONS.--Subparagraph (E) of section 5312(2) of title 31, United States
Code, is amended to read as follows:
"(E) any credit union;".
<< 31 USCA ~ 5312 >>
(b) FUTURES COMMISSION MERCHANT; COMMODITY TRADING ADVISOR; COMMODITY POOL
OPERATOR.--Section 5312 of title 31, United States Code, is amended by adding at the
end the following new subsection:
"(c) ADDITIONAL DEFINITIONS.--For purposes of this subchapter, the following
definitions shall apply:
"(1) CERTAIN INSTITUTIONS INCLUDED IN DEFINITION.--The term 'financial
institution' (as defined in subsection (a)) includes the following:
"(A) Any futures commission merchant, commodity trading advisor, or commodity
pool operator registered, or required to register, under the Commodity Exchange
Act.".
<< 31 USCA ~ 5318 NOTE >>
(c) CFTC INCLUDED.--For purposes of this Act and any amendment made by this Act to
any other provision of law, the term "Federal functional regulator" includes the
Commodity Futures Trading Commission.
<< 28 USCA ~ 2466 >>
SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.
Section 2466 of title 18, United States Code, is amended by designating the present
matter as subsection (a), and adding at the end the following:
"(b) Subsection (a) may be applied to a claim filed by a corporation if any
majority shareholder, or individual filing the claim on behalf of the corporation is
a person to whom subsection (a) applies.".
SEC. 323. ENFORCEMENT OF FOREIGN JUDGMENTS.
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Section 2467 of title 28, United States Code, is amended--
<< 28 USCA ~ 2467 >>
*316 (1) in subsection (d), by adding the following after paragraph (2):
"(3) PRESERVATION OF PROPERTY.--
"(A) IN GENERAL.--To preserve the availability of property subject to a foreign
forfeiture or confiscation judgment, the Government may apply for, and the court may
issue, a restraining order pursuant to section 983(j) of title 18, at any time
before or after an application is filed pursuant to subsection (c) (1) of this
section.
"(B) EVIDENCE.--The court, in issuing a restraining order under subparagraph
(A)--
"(i) may rely on information set forth in an affidavit describing the nature of
the proceeding or investigation underway in the foreign country, and setting forth a
reasonable basis to believe that the property to be restrained will be named in a
judgment of forfeiture at the conclusion of such proceeding; or
"(ii) may register and enforce a restraining order that has been issued by a
court of competent jurisdiction in the foreign country and certified by the Attorney
General pursuant to subsection (b) (2) .
"(C) LIMIT ON GROUNDS FOR OBJECTION.--No person may object to a restraining
order under subparagraph (A) on any ground that is the subject of parallel
litigation involving the same property that is pending in a foreign court.";
<< 28 USCA ~ 2467 >>
(2) in subsection (b) (1) (C), by striking "establishing that the defendant received
notice of the proceedings in sufficient time to enable the defendant" and inserting
"establishing that the foreign nation took steps, in accordance with the principles
of due process, to give notice of the proceedings to all persons with an interest in
the property in sufficient time to enable such persons";
<< 28 USCA ~ 2467 >>
(3) in subsection (d) (1) (D), by striking "the defendant in the proceedings in the
foreign court did not receive notice" and inserting "the foreign nation did not take
steps, in accordance with the principles of due process, to give notice of the
proceedings to a person with an interest in the property"; and
<< 28 USCA ~ 2467 >>
(4) in subsection (a) (2) (A), by inserting ", any violation of foreign law that
would constitute a violation or an offense for which property could be forfeited
under Federal law if the offense were committed in the United States" after "United
Nations Convention".
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<< 31 USCA ~ 5311 NOTE >>
SEC. 324. REPORT AND RECOMMENDATION.
Not later than 30 months after the date of enactment of this Act, the Secretary, in
consultation with the Attorney General, the Federal banking agencies (as defined at
section 3 of the Federal Deposit Insurance Act), the National Credit Union
Administration Board, the Securities and Exchange Commission, and such other
agencies as the Secretary may determine, at the discretion of the Secretary, shall
evaluate the operations of the provisions of this subtitle and make recommendations
to Congress as to any legislative action with respect to this subtitle as the
Secretary may determine to be necessary or advisable.
<< 31 USCA ~ 5318 >>
*317 SEC. 325. CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS.
Section 5318(h) of title 31, United States Code, as amended by section 202 of this
title, is amended by adding at the end the following:
"(3) CONCENTRATION ACCOUNTS.--The Secretary may prescribe regulations under this
subsection that govern maintenance of concentration accounts by financial
institutions, in order to ensure that such accounts are not used to prevent
association of the identity of an individual customer with the movement of funds of
which the customer is the direct or beneficial owner, which regulations shall, at a
minimum--
"(A) prohibit financial institutions from allowing clients to direct transactions
that move their funds into, out of, or through the concentration accounts of the
financial institution;
"(8) prohibit financial institutions and their employees from informing customers
of the existence of, or the means of identifying, the concentration accounts of the
institution; and
"(C) require each financial institution to establish written procedures governing
the documentation of all transactions involving a concentration account, which
procedures shall ensure that, any time a transaction involving a concentration
account commingles funds belonging to 1 or more customers, the identity of, and
specific .amount belonging to, each customer- is documented.".
SEC. 326. VERIFICATION OF IDENTIFICATION.
<< 31 USCA ~ 5318 >>
(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:
"(1) IDENTIFICATION AND VERIFICATION OF ACCOUNTHOLDERS.--
"(1) IN GENERAL.--Subject to the requirements of this subsection, the Secretary of
the Treasury shall prescribe regulations setting forth the minimum standards for
financial institutions and their customers regarding the identity of the customer
that shall apply in connection with the opening of an account at a financial
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institution.
"(2) MINIMUM REQUIREMENTS.--The regulations shall, at a minimum, require financial
institutions to implement, and customers (after being given adequate notice) to
comply with, reasonable procedures for--
"(A) verifying the identity of any person seeking to open an account to the
extent reasonable and practicable;
"(B) maintaining records of the information used to verify a person's identity,
including name, address, and other identifying information; and
"(C) consulting lists of known or suspected terrorists or terrorist organizations
provided to the financial institution by any government agency to determine
whether a person seeking to open an account appears on any such list.
"(3) FACTORS TO BE CONSIDERED.--In prescribing regulations under this subsection,
the Secretary shall take into consideration the various types of accounts maintained
by various types of financial institutions, the various methods of opening *318
accounts, and the various types of identifying information available.
"(4) CERTAIN FINANCIAL INSTITUTIONS.--In the case of any financial institution the
business of which is engaging in financial activities described in section 4(k) of
the Bank Holding Company Act of 1956 (including financial activities subject to the
jurisdiction of the Commodity Futures Trading Commission), the regulations
prescribed by the Secretary under paragraph (1) shall be prescribed jointly with
each Federal functional regulator (as defined in section 509 of the
Gramm-Leach-Bliley Act, including the Commodity Futures Trading Commission)
appropriate for such financial institution.
"(5) EXEMPTIONS.--The Secretary (and, in the case of any financial institution
described in paragraph (4), any Federal agency described in such paragraph) may, by
regulation or order, exempt any financial institution or type of account from the
requirements of any regulation prescribed under this subsection in accordance with
such standards and procedures as the Secretary may prescribe.
"(6) EFFECTIVE DATE.--Final regulations prescribed under this subsection shall
take effect before the end of the l-year period beginning on the date of enactment
of the International Money Laundering Abatement and Financial Anti- Terrorism Act of
2001.".
(b) STUDY AND REPORT REQUIRED.--Within 6 months after the date of enactment of this
Act, the Secretary, in consultation with the Federal functional regulators (as
defined in section 509 of the Grarnm-Leach-Bliley Act) and other appropriate
Government agencies, shall submit a report to the Congress containing
recommendations for--
(1) determining the most timely and effective way to require foreign nationals to
provide domestic financial institutions and agencies with appropriate and accurate
information, comparable to that which is required of United States nationals,
concerning the identity, address, and other related information about such foreign
nationals necessary to enable such institutions and agencies to comply with the
requirements of this section;
(2) requiring foreign nationals to apply for and obtain, before opening an account
with a domestic financial institution, an identification number which would function
similarly to a Social Security number or tax identification number; and
(3) establishing a system for domestic financial institutions and agencies to
review information maintained by relevant Government agencies for purposes of
verifying the identities of foreign nationals seeking to open accounts at those
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institutions and agencies.
SEC. 327. CONSIDERATION OF ANTI-MONEY LAUNDERING RECORD.
(a) BANK HOLDING COMPANY ACT OF 1956.--
<< 12 USCA ~ 1842 >>
(1) IN GENERAL.--Section 3(c) of the Bank Holding Company Act of 1956 (12 U.S.C.
1842(c)) is amended by adding at the end the following new paragraph:
"(6) MONEY LAUNDERING.--In every case, the Board shall take into consideration the
effectiveness of the company or companies in combatting money laundering activities,
including- in overseas branches.".
<< 12 USCA ~ 1842 NOTE >>
*319 (2) SCOPE OF APPLICATION.--The amendment made by paragraph (1) shall apply
with respect to any application submitted to the Board of Governors of the Federal
Reserve System under section 3 of the Bank Holding Company Act of 1956 after
December 31, 2001, which has not been approved by the Board before the date of
enactment of this Act.
(b) MERGERS SUBJECT TO REVIEW UNDER FEDERAL DEPOSIT INSURANCE ACT.--
(1) IN GENERAL.--Section 18(c) of the Federal Deposit Insurance Act (12 U. S.C.
1828(c)) is amended--
<< 12 USCA ~ 1828 >>
(A) by redesignating paragraph (11) as paragraph (12); and
<< 12 USCA ~ 1828 >>
(B) by inserting after paragraph (10), the following new paragraph:
"(11) MONEY LAUNDERING.--In every case, the responsible agency, shall take into
consideration the effectiveness of any insured depository institution involved in
the proposed merger transaction in combatting money laundering activities, including
in overseas branches.".
<< 12 USCA ~ 1828 NOTE >>
(2) SCOPE OF APPLICATION.--The amendment made by paragraph (1) shall apply with
respect to any application submitted to the responsible agency under section 18(c)
of the Federal Deposit Insurance Act after December 31, 2001, which has not been
approved by all appropriate responsible agencies before the date of enactment of
this Act.
<< 31 USCA ~ 5311 NOTE >>
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SEC. 328. INTERNATIONAL COOPERATION ON IDENTIFICATION OF ORIGINATORS OF WIRE
TRANSFERS.
The Secretary shall--
(1) in consultation with the Attorney General and the Secretary of State, .take all
reasonable steps to encourage foreign governments to require the inclusion of the
name of the originator in wire transfer instructions sent to the United States and
other countries, with the information to remain with the transfer from its
origination until the point of disbursement; and
(2) report annually to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban Affairs of the
Senate on--
(A) progress toward the goal enumerated in paragraph (1), as well as impediments
to implementation and an estimated compliance rate; and
(B) impediments to instituting a regime in which all appropriate identification,
as defined by the Secretary, about wire transfer recipients shall be included with
wire transfers from their point of origination until disbursement.
<< 31 USCA ~ 5311 NOTE >>
SEC. 329. CRIMINAL PENALTIES.
Any person who is an official or employee of any department, agency, bureau,
office, commission, or other entity of the Federal Government, and any other person
who is acting for or on behalf of any such entity, who, directly or indirectly, in
connection with the administration of this title, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept anything of value personally or
for any other person or entity in return for--
(1) being influenced in the performance of any official act;
*320 (2) being influenced to commit or aid in the committing, or to collude in, or
allow, any fraud, or make opportunity for the commission of any fraud, on the United
States; or
(3) being induced to do or omit to do any act in violation of the official duty of
such official or person,
shall be fined in an amount not more than 3 times the monetary equivalent of the
thing of value, or imprisoned for not more than 15 years, or both. A violation of
this section shall be subject to chapter 227 of title 18, United States Code, and
the provisions of the United States Sentencing Guidelines.
SEC. 330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF MONEY LAUNDERING, FINANCIAL
CRIMES, AND THE FINANCES OF TERRORIST GROUPS.
(a) NEGOTIATIONS.--It is the sense of the Congress that the President should direct
the Secretary of State, the Attorney General, or the Secretary of the Treasury, as
appropriate, and in consultation with the Board of Governors of the Federal Reserve
System, to seek to enter into negotiations with the appropriate financial
supervisory agencies and other officials of any foreign country the financial
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institutions of which do business with United States financial institutions or which
may be utilized by any foreign terrorist organization (as designated under section
219 of the Immigration and Nationality Act), any person who is a member or
representative of any such organization, or any person engaged in money laundering
or financial or other crimes.
(b) PURPOSES OF NEGOTIATIONS.--It is the sense of the Congress that, in carrying
out any negotiations described in paragraph (1), the President should direct the
Secretary of State, the Attorney General, or the Secretary of the Treasury, as
appropriate, to seek to enter into and further cooperative efforts, voluntary
information exchanges, the use of letters rogatory, mutual legal assistance
treaties, and international agreements to--
(1) ensure that foreign banks and other financial institutions maintain adequate
records of transaction and account information relating to any foreign terrorist
organization (as designated under section 219 of the Immigration and Nationality
Act), any person who is a member or representative of any such organization, or any
person engaged in money laundering or financial or other crimes; and
(2) establish a mechanism whereby such records may be made available to United
States law enforcement officials and domestic financial institution supervisors,
when appropriate.
Subtitle B--Bank Secrecy Act Amendments
and Related Improvements
SEC. 351. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES.
<< 31 USCA ~ 5318 >>
(a) AMENDMENT RELATING TO CIVIL LIABILITY IMMUNITY FOR DISCLOSURES.--Section
5318(g) (3) of title 31, United States Code, is amended to read as follows:
"(3) LIABILITY FOR DISCLOSURES.--
"(A) IN GENERAL.--Any financial institution that makes a voluntary disclosure of
any possible violation of law or regulation to a government agency or makes a
disclosure *321 pursuant to this subsection or any other authority, and any
director, officer, employee, or agent of such institution who makes, or requires
another to make any such disclosure, shall not be liable to-any person under any law
or regulation of the United States, any constitution, law, or regulation of any
State or political subdivision of any State, or under any contract or other legally
enforceable agreement (including any arbitration agreement), for such disclosure
or for any failure to provide notice of such disclosure to the person who is the
subject of such disclosure or any other person identified in the disclosure.
"(8) RULE OF CONSTRUCTION.--Subparagraph (A) shall not be construed as creating--
"(i) any inference
construed more broadly
agency of government;
that the term 'person', as used in such subparagraph, may be
than its ordinary usage so as to include any government or
or
"(ii) any immunity against, or otherwise affecting, any civil or criminal action
brought by any government or agency of government to enforce any constitution, law,
or regulation of such government or agency.".
<< 31 USCA ~ 5318 >>
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(b) PROHIBITION ON NOTIFICATION OF DISCLOSURES.--Section 5318(g) (2) of title 31,
United States Code, is amended to read as follows:
"(2) NOTIFICATION PROHIBITED.--
"(A) IN GENERAL.--If a financial institution or any director, officer, employee,
or agent of any financial institution, voluntarily or pursuant to this section or
any other authority, reports a suspicious transaction to a government agency--
"(i) the financial institution, director, officer, employee, or agent may not
notify any person involved in the transaction that the transaction has been
reported; and
"(ii) no officer or employee of the Federal Government or of any State, local,
tribal, or territorial government within the United States, who has any knowledge
that such report was made may disclose to any person invo~ved in the transaction
that the transaction has been reported, other than as necessary to fulfill the
official duties of such officer or employee.
"(B) DISCLOSURES IN CERTAIN EMPLOYMENT REFERENCES.--
"(i) RULE OF CONSTRUCTION.--Notwithstanding the application of subparagraph (A)
in any other context, subparagraph (A) shall not be construed as prohibiting any
financial institution, or any director, officer, employee, or agent of such
institution, from including information that was included in a report to which
subparagraph (A) applies--
"(I) in a written employment reference that is provided in accordance with section
18(w) of the Federal Deposit Insurance Act in response to a request from another
financial institution; or
"(II) in a written termination notice or employment reference that is provided in
accordance with *322 the rules of a self-regulatory organization registered with
the Securities and Exchange Commission or the Commodity Futures Trading Commission,
except that such written reference or notice may not disclose that such information
was also included in any such report, or that such report was made.
"(ii) INFORMATION NOT REQUIRED.--Clause (i) shall not be construed, by itself,
to create any affirmative duty to include any information described in clause (i) in
any employment reference or termination notice referred to in clause (i) .".
SEC. 352. ANTI-MONEY LAUNDERING PROGRAMS.
<< 31 USCA ~ 5318 >>
(a) IN GENERAL.--Section 5318(h) of title 31, United States Code, is amended to
read as follows:
"(h) ANTI-MONEY LAUNDERING PROGRAMS.--
"(1) IN GENERAL.--In order to guard against money laundering through financial
institutions, each financial institution shall establish anti-money laundering
programs, including, at a minimum--
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"(A) the development of internal policies, procedures, and controls;
"(B) the designation of a compliance officer;
"(C) an ongoing employee training program; and
"(D) an independent audit function to test programs.
"(2) REGULATIONS.--The Secretary of the Treasury, after consultation with the
appropriate Federal functional regulator (as defined in section 509 of the
Gramm-Leach-Bliley Act), may prescribe minimum standards for programs established
under paragraph (1), and may exempt from the application of those standards any
financial institution that is not subject to the provisions of the rules contained
in part 103 of title 31, of the Code of Federal Regulations, or any successor rule
thereto, for so long as such financial institution is not subject to the provisions
of such rules.".
<< 31 USCA ~ 5318 NOTE >>
(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take effect at the
end of the 180-day period beginning on the date of enactment of this Act.
<< 31 USCA ~ 5318 NOTE >>
(c) DATE OF APPLICATION OF REGULATIONS; FACTORS TO BE TAKEN INTO ACCOUNT.-- Before
the end of the 180-day period beginning on the date of enactment of this Act, the
Secretary shall prescribe regulations that consider the extent to which the
requirements imposed under this section are commensurate with the size, location,
and activities of the financial institutions to which such regulations apply.
SEC. 353. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING ORDERS AND CERTAIN
RECORDKEEPING REQUIREMENTS, AND LENGTHENING EFFECTIVE PERIOD OF GEOGRAPHIC TARGETING
ORDERS.
<< 31 USCA ~ 5321 >>
(a) CIVIL PENALTY FOR VIOLATION OF TARGETING ORDER.--Section 5321(a) (1) of title
31, United States Code, is amended--
(1) by inserting "or order issued" after "subchapter or a regulation prescribed";
and
(2) by inserting ", or willfully violating a regulation prescribed under section
21 of the Federal Deposit Insurance Act *323 or section 123 of Public Law 91-508,"
after "sections 5314 and 5315)".
<< 31 USCA ~ 5322 >>
(b) CRIMINAL PENALTIES FOR VIOLATION OF TARGETING ORDER.--Section 5322 of title 31,
United States Code, is amended--
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(1) in subsection (a)--
(A) by inserting "or order issued" after "willfully violating this subchapter or
a regulation prescribed"; and
(B) by inserting ", or willfully violating a regulation prescribed under section
21 of the Federal Deposit Insurance Act or section 123 of Public Law 91-508," after
"under section 5315 or 5324)"; and
<< 31 USCA ~ 5322 >>
(2) in subsection (b)--
(A) by inserting "or order issued" after "willfully violating this subchapter or
a regulation prescribed"; and
(B) by inserting "or willfully violating a regulation prescribed under section 21
of the Federal Deposit Insurance Act or section 123 of Public Law 91-508," after
"under section 5315 or 5324),".
(c) STRUCTURING TRANSACTIONS TO EVADE TARGETING ORDER OR CERTAIN RECORDKEEPING
REQUIREMENTS.--Section 5324(a) of title 31, United States Code, is amended--
<< 31 USCA ~ 5324 >>
(1) by inserting a comma after "shall";
<< 31 USCA ~ 5324 >>
(2) by striking "section--" and inserting "section, the reporting or recordkeeping
requirements imposed by any order issued under section 5326, or the recordkeeping
requirements imposed by any regulation prescribed under section 21 of the Federal
Deposit Insurance Act or section 123 of Public Law 91-508--";
<< 31 USCA ~ 5324 >>
(3) in paragraph (1), by inserting ", to file a report or to maintain a record
required by an order issued under section 5326, or to maintain a record required
pursuant to any regulation prescribed under section 21 of the Federal Deposit
Insurance Act or section 123 of Public Law 91-508" after "regulation prescribed
under any such section"; and
<< 31 USCA ~ 5324 >>
(4) in paragraph (2), by inserting ", to file a report or to maintain a record
required by any order issued under section 5326, or to maintain a record required
pursuant to any regulation prescribed under section 5326, or to maintain a record
required pursuant to any regulation prescribed under section 21 of the Federal
Deposit Insurance Act or section 123 of Public Law 91-508," after "regulation
prescribed under any such section".
<< 31 USCA ~ 5326 >>
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(d) LENGTHENING EFFECTIVE PERIOD OF GEOGRAPHIC TARGETING ORDERS.--Section 5326(d)
of title 31, United States Code, is amended by striking "more than 60" and inserting
"more than 180".
<< 31 USCA 5 5341 >>
SEC. 354. ANTI-MONEY LAUNDERING STRATEGY.
Section 5341(b) of title 31, United States Code, is amended by adding at the end
the following:
"(12) DATA REGARDING FUNDING OF TERRORISM.--Data concerning money laundering
efforts related to the funding of acts of international terrorism, and efforts
directed at the prevention, detection, and prosecution of such funding.".
<< 12 USCA 5 1828 >>
*324 SEC. 355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL ACTIVITY IN WRITTEN
EMPLOYMENT REFERENCES.
Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by
adding at the end the following:
"(w) WRITTEN EMPLOYMENT REFERENCES MAY CONTAIN SUSPICIONS OF INVOLVEMENT IN ILLEGAL
ACTIVITY.--
"(1) AUTHORITY TO DISCLOSE INFORMATION.--Notwithstanding any other provision of
law, any insured depository institution, and any director, officer, employee, or
agent of such institution, may disclose in any written employment reference relating
to a current or former institution-affiliated party of such institution which is
provided to another insured depository institution in response to a request from
such other institution, information concerning the possible involvement of such
institution-affiliated party in potentially unlawful activity.
"(2) INFORMATION NOT REQUIRED.--Nothing in paragraph (1) shall be construed, by
itself, to create any affirmative duty to include any information described in
paragraph (1) in any employment reference referred to in paragraph (1).
"(3) MALICIOUS INTENT.--Notwithstanding any other provision of this subsection,
voluntary disclosure made by an insured depository institution, and any director,
officer, employee, or agent of such institution under this subsection concerning
potentially unlawful activity that is made with malicious intent, shall not be
shielded from liability from the person identified in the disclosure.
"(4) DEFINITION.--For purposes of this subsection, the term 'insured depository
institution' includes any uninsured branch or agency of a foreign bank.".
SEC. 356. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES BROKERS AND DEALERS;
INVESTMENT COMPANY STUDY.
<< 31 USCA 5 5318 NOTE >>
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(a) DEADLINE FOR SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS FOR REGISTERED BROKERS
AND DEALERS.--The Secretary, after consultation with the Securities and Exchange
Commission and the Board of Governors of the Federal Reserve System, shall publish
proposed regulations in the Federal Register before January 1, 2002, requiring
brokers and dealers registered with the Securities and Exchange Commission under the
Securities Exchange Act of 1934 to submit suspicious activity reports under section
5318(g) of title 31, United States Code. Such regulations shall be published in
final form not later than July 1, 2002.
<< 31 USCA ~ 5318 NOTE >>
(b) SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS FOR FUTURES COMMISSION MERCHANTS,
COMMODITY TRADING ADVISORS, AND COMMODITY POOL OPERATORS.--The Secretary, in
consultation with the Commodity Futures Trading Commission, may prescribe
regulations requiring futures commission merchants, commodity trading advisors, and
commodity pool operators registered under the Commodity Exchange Act to submit
suspicious activity reports under section 5318(g) of title 31, United States Code.
(c) REPORT ON INVESTMENT COMPANIES.--
(1) IN GENERAL.--Not later than 1 year after the date of enactment of this Act,
the Secretary, the Board of Governors of the Federal Reserve System, and the
Securities and Exchange Commission shall jointly submit a report to the Congress on
recommendations for effective regulations to apply the requirements of subchapter II
of chapter 53 of title 31, *325 United States Code, to investment companies pursuant
to section 5312 (a) (2) (I) of title 31, United States Code.
(2) DEFINITION.--For purposes of this subsection, the term "investment company"--
(A) has the same meaning as in section 3 of the Investment Company Act of 1940
(15 U.S.C. 80a-3); and
(B) includes any person that, but for the exceptions provided for in paragraph
(1) or (7) of section 3(c) of the Investment Company Act of 1940 (15 U.S.C.
80a-3(c)), would be an investment company.
(3) ADDITIONAL RECOMMENDATIONS.--The report required by paragraph (1) may make
different recommendations for different types of entities covered by this
subsection.
(4) BENEFICIAL OWNERSHIP OF PERSONAL HOLDING COMPANIES.--The. report described in
paragraph (1) shall also include recommendations as to whether the Secretary should
promulgate regulations to treat any corporation or business or other grantor trust
whose assets are predominantly securities, bank certificates of deposit, or other
securities or investment instruments (other than such as relate to operating
subsidiaries of such corporation or trust) and that has 5 or fewer common
shareholders or holders of beneficial or other equity interest, as a financial
institution within the meaning of that phrase in section 5312 (a) (2) (I) and whether
to require such corporations or trusts to disclose their beneficial owners when
opening accounts or initiating funds transfers at any domestic financial
institution.
SEC. 357. SPECIAL REPORT ON ADMINISTRATION OF BANK SECRECY PROVISIONS.
(a) REPORT REQUIRED.--Not later than 6 months after the date of enactment of this
Act, the Secretary shall submit a report to the Congress relating to the role of the
Internal Revenue Service in the administration of subchapter II of chapter 53 of
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title 31, United States Code (commonly known as the "Bank Secrecy Act") .
(b) CONTENTS.--The report required by subsection (a)--
(1) shall specifically address, and contain recornmendations concerning--
(A) whether it is advisable to shift the processing of information reporting to
the Department of the Treasury under the Bank Secrecy Act provisions to facilities
other than those managed by the Internal Revenue Service; and
(B) whether it remains reasonable and efficient, in light of the objective of
both anti-money-Iaundering programs and Federal tax administration, for the Internal
Revenue Service to retain authority and responsibility for audit and examination of
the compliance of money services businesses and gaming institutions with those Bank
Secrecy Act provisions; and
(2) shall, if the Secretary determines that the information processing
responsibility or the audit and examination responsibility of the Internal Revenue
Service, or both, with respect to those Bank Secrecy Act provisions should be
transferred to other agencies, include the specific recommendations of the Secretary
regarding the agency or agencies to which any such function should be transferred,
complete with a budgetary and resources plan for expeditiously accomplishing the
transfer.
*326 SEC. 358. BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED STATES INTELLIGENCE
AGENCIES TO FIGHT INTERNATIONAL TERRORISM.
<< 31 USCA ~ 5311 >>
(a) AMENDMENT RELATING TO THE PURPOSES OF CHAPTER 53 OF TITLE 31, UNITED STATES
CODE.--Section 5311 of title 31, United States Code, is amended by inserting before
the period at the end the following: ", or in the conduct of intelligence or
counterintelligence activities, including analysis, to protect against international
terrorism" .
<< 31 USCA ~ 5318 >>
(b) AMENDMENT RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES.--Section
5318 (g) (4) (B) of title 31, United States Code, is amended by striking "or
supervisory agency" and inserting ", supervisory agency, or United States
intelligence agency for use in the conduct of intelligence or counterintelligence
activities, including analysis, to protect against international terrorism".
<< 31 USCA ~ 5319 >>
(c) AMENDMENT RELATING TO AVAILABILITY OF REPORTS.--Section 5319 of title 31,
United States Code, is amended to read as follows:
"~ 5319. Availability of reports
"The Secretary of the Treasury shall make information in a report filed under this
subchapter available to an agency, including any State financial institutions
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supervisory agency, United States intelligence agency or self- regulatory
organization registered with the Securities and Exchange Commission or the Commodity
Futures Trading Commission, upon request of the head of the agency or organization.
The report shall be available for a purpose that is consistent with this subchapter.
The Secretary may only require reports on the use of such information by any State
financial institutions supervisory agency for other than supervisory purposes or by
United States intelligence agencies. However, a report and records of reports are
exempt from disclosure under section 552 of title 5.".
<< 12 USCA ~ 1829b >>
(d) AMENDMENT RELATING TO THE PURPOSES OF THE BANK SECRECY ACT PROVISIONS.--
Section 21(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829b(a)) is amended
to read as follows:
"(a) CGNGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.--
"(I) FINDINGS.--Congress finds that--
"(A) adequate records maintained by insured depository institutions have a high
degree of usefulness in criminal, tax, and regulatory investigations or proceedings,
and that, given the threat posed to the security of the Nation on and after the
terrorist attacks against the United States on September 11, 2001, such records may
also have a high degree of usefulness in the conduct of intelligence or
counterintelligence activities, including analysis, to protect against domestic and
international terrorism; and
"(B) microfilm or other reproductions and other records made by insured
depository institutions of checks, as well as records kept by such institutions, of
the identity of persons maintaining or authorized to act with respect to accounts
therein, have been of particular value in proceedings described in subparagraph (A)
"(2) PURPOSE.--It is the purpose of this section to require the maintenance of
appropriate types of records by insured depository institutions in the United
States where such records *327 have a high degree of usefulness in criminal, tax, or
regulatory investigations or proceedings, recognizes that, given the threat posed to
the security of the Nation on and after the terrorist attacks against the United
States on September 11, 2001, such records may also have a high degree of usefulness
in the conduct of intelligence or counterintelligence activities, including
analysis, to protect against international terrorism.".
<< 12 USCA ~ 1953 >>
(e) AMENDMENT RELATING TO THE PURPOSES OF THE BANK SECRECY ACT.--Section 123(a) of
Public Law 91-508 (12 U.S.C. 1953(a)) is amended to read as follows:
"(a) REGULATIONS.--If the Secretary determines that the maintenance of appropriate
records and procedures by any uninsured bank or uninsured institution, or any person
engaging in the business of carrying on in the United States any of the functions
referred to in subsection (b), has a high degree of usefulness in criminal, tax, or
regulatory investigations or proceedings, and that, given the threat posed to the
security of the Nation on and after the terrorist attacks against the United States
on September 11, 2001, such records may also have a high degree of usefulness in the
conduct of intelligence or counterintelligence activities, including analysis, to
protect against international terrorism, he may by regulation require such bank,
institution, or person.".
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(f) AMENDMENTS TO THE RIGHT TO FINANCIAL PRIVACY ACT.--The Right to Financial
Privacy Act of 1978 is amended--
<< 12 VSCA ~ 3412 >>
(1) in section 1112(a) (12 V.S.C. 3412(a)), by inserting ", or intelligence or
counterintelligence activity, investigation or analysis related to international
terrorism" after "legitimate law enforcement inquiry";
(2) in section 1114(a) (1) (12 V.S.C. 3414(a) (1))--
<< 12 VSCA ~ 3414 >>
(A) in subparagraph. (A), by striking "or" at the end;
<< 12 VSCA ~ 3414 >>
(B) in subparagraph (B), by striking the period at the end and inserting
or"; and
" .
,
<< 12 VSCA ~ 3414 >>
(C) by adding at the end the following:
"(C) a Government authority authorized to conduct investigations of, or
intelligence or counterintelligence analyses related to, international terrorism for
the purpose of conducting such investigations or analyses."; and
<< 12 VSCA ~ 3420 >>
(3) in section 1120(a) (2) (12 V.S.C. 3420(a) (2)), by inserting" or for a purpose
authorized by section 1112(a)" before the semicolon at the end.
(g) AMENDMENT TO THE FAIR CREDIT REPORTING ACT.--
<< 15 VSCA ~ 1681u >>
(1) IN GENERAL.--The Fair Credit Reporting Act (15 V.S.C. 1681 et seq.) is
amended--
(A) by redesignating the second of the 2 sections designated as section 624 (15
V.S.C. 1681u) (relating to disclosure to FBI for counterintelligence purposes) as
section 625; and
<< 15 VSCA ~ 1681v >>
(B) by adding at the end the following new section:
"~ 626. Disclosures to governmental agencies for counterterrorism purposes
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"(a) DISCLOSURE.--Notwithstanding section 604 or any other provision of this title,
a consumer reporting agency shall furnish a consumer report of a consumer and all
other information in a consumer's file to a government agency authorized to conduct
investigations of, or intelligence or counterintelligence activities or analysis
related to, international terrorism when presented with *328 a written certification
by such government agency that such information is necessary for the agency's
conduct or such investigation, activity or analysis.
"(b) FORM OF CERTIFICATION.--The certification described in subsection (a) shall be
signed by a supervisory official designated by the head of a Federal agency or an
officer of a Federal agency whose appointment to office is required to be made by
the President, by and with the advice and consent .of the Senate.
"(c) CONFIDENTIALITY.--No consumer reporting agency, or officer, employee, or agent
of such consumer reporting agency, shall disclose to any person, or specify in any
consumer report, that a government agency has sought or obtained access to
information under subsection (al.
"(d) RULE OF CONSTRUCTION.--Nothing in section 625 shall be construed to limit the
authority of the Director of the Federal Bureau of Investigation under this section.
"(e) SAFE HARBOR.--Notwithstanding any other provision of this title, any consumer
reporting agency or agent or employee thereof making disclosure of consumer reports
or other information pursuant to this section in good-faith reliance upon a
certification of a governmental agency pursuant to the provisions of this section
shall not be liable to any person for such disclosure under this subchapter, the
constitution of any State, or any law or regulation of any State or any political
subdivision of any State.".
(2) CLERICAL AMENDMENTS.--The table of sections for the Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended--
(A) by redesignating the second of the 2 items designated as section 624 as
section 625; and
(B) by inserting after the item relating to section 625 (as so redesignated) the
following new item:
"626. Disclosures to governmental agencies for counterterrorism purposes.
<< 12 USCA ~ 1829b NOTE >>
(h) APPLICATION OF AMENDMENTS.--The amendments made by this section shall apply
with respect to reports filed or records maintained on, before, or after the date of
enactment of this Act.
SEC. 359. REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND BANKING SYSTEMS.
<< 31 USCA ~ 5312 >>
(a) DEFINITION FOR SUBCHAPTER.--Section 5312(a) (2) (R) of title 31, United States
Code, is amended to read as follows:
"(R) a licensed sender of money or any other person who engages as a business in
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the transmission of funds, including any person who engages as a
informal money transfer system or any network of people who engage
facilitating the transfer of money domestically or internationally
conventional financial institutions system;".
business in an
as a business in
outside of the
<< 31 USCA ~ 5330 >>
(b) MONEY TRANSMITTING BUSINESS.--Section 5330(d} (1) (A) of title 31, United States
Code, is amended by inserting before the semicolon the following: "or any other
person who engages as a business in the transmission of funds, including any person
who engages as a business in an informal money transfer system or any network of
people who engage as a business in facilitating the transfer of money domestically
or internationally outside of the conventional financial institutions system;".
<< 31 USCA ~ 5318 >>
(c) APPLICABILITY OF RULES.--Section 5318 of title 31, United States Code, as
amended by this title, is amended by adding at the end the following:
*329 "(1) APPLICABILITY OF RULES.--Any rules promulgated pursuant to the authority
contained in section 21 of the Federal Deposit Insurance Act (12 U. S.C. 1829b)
shall apply, in addition to any other financial institution to which such rules
apply, to any person that engages as a business in the transmission of funds,
including any person who engages as a business in an informal money transfer system
or any network of people who engage as a business in facilitating the transfer of
money domestically or internationally outside of the conventional financial
institutions system.".
<< 31 USCA ~ 5311 NOTE >>
(d) REPORT.--Not later than 1 year after the date of enactment of this Act, the
Secretary of the Treasury shall report to Congress on the need for any additional
legislation relating to persons who engage as a business in an informal money
transfer system or any network of people who engage as a business in facilitating
the transfer of money domestically or internationally outside of the conventional
financial institutions system, counter money laundering and regulatory controls
relating to underground money movement and banking systems, including whether the
threshold for the filing of suspicious activity reports under section 5318(g) of
title 31, United States Code should be lowered in the case of such systems.
<< 22 USCA ~ 262p-4r >>
SEC. 360. USE OF AUTHORITY OF UNITED STATES EXECUTIVE DIRECTORS.
(a) ACTION BY THE PRESIDENT.--If the President determines that a particular foreign
country has taken or has committed to take actions that contribute to efforts of the
United States to respond to, deter, or prevent acts of international terrorism, the
Secretary may, consistent with other applicable provisions of law, instruct the
United States Executive Director of each international financial institution to use
the voice and vote of the Executive Director to support any loan or other
utilization of the funds of respective institutions for such country, or any public
or private entity within such country.
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(b) USE OF VOICE AND VOTE.--The Secretary may instruct the United States Executive
Director of each international financial institution to aggressively use the voice
and vote of the Executive Director to require an auditing of disbursements at such
institutions to ensure that no funds are paid to persons who commit, threaten to
commit, or support terrorism.
(c) DEFINITION.--For purposes of this section, the term "international financial
institution" means an institution described in section 1701(c) (2) of the
International Financial Institutions Act (22 U.S.C. 262r(c) (2)).
SEC. 361. FINANCIAL CRIMES ENFORCEMENT NETWORK.
(a) IN GENERAL.--Subchapter I of chapter 3 of title 31, United States Code, is
amended--
<< 31 USCA ~ 310 >>
<< 31 USCA ~ 311 >>
(1) by redesignating section 310 as section 311; and
<< 31 USCA ~ 310 >>
(2) by inserting after section 309 the following new section:
"~ 310. Financial Crimes Enforcement Network
"(a) IN GENERAL.--The Financial Crimes Enforcement Network established by order of
the Secretary of the Treasury (Treasury Order Numbered 105-08, in this section
referred to as 'FinCEN') on April 25, 1990, shall be a bureau in the Department of
the Treasury.
"(b) DIRECTOR.--
*330 "(I) APPOINTMENT.--The head of FinCEN shall be the Director, who shall be
appointed by the Secretary of the Treasury.
"(2) DUTIES AND POWERS.--The duties and powers of the Director are as follows:
"(A) Advise and make recommendations on matters relating to financial
intelligence, financial criminal activities, and other financial activities to the
Under Secretary of the Treasury for Enforcement.
"(B) Maintain a government-wide data access service, with access, in accordance
with applicable legal requirements, to the following:
"(i) Information collected by the Department of the Treasury, including report
information filed under subchapter II of chapter 53 of this title (such as reports
on cash transactions, foreign financial agency transactions and relationships,
foreign currency transactions, exporting and importing monetary instruments, and
suspicious activities), chapter 2 of title I of Public Law 91-508, and section 21 of
the Federal Deposit Insurance Act.
"(ii) Information regarding national and international currency flows.
"(iii) Other records and data maintained by other Federal, State, local, and
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foreign agencies, including financial and other records developed in specific cases.
"(iv) Other privately and publicly available information.
"(C) Analyze and disseminate the available data in accordance with applicable
legal requirements and policies and guidelines established by the Secretary of the
Treasury and the Under Secretary of the Treasury for Enforcement to--
"(i) identify possible criminal activity to appropriate Federal, State, local,
and foreign law enforcement agencies;
"(ii) support ongoing criminal financial investigations and prosecutions and
related proceedings, including civil and criminal tax and forfeiture proceedings;
"(iii) identify possible instances of noncompliance with subchapter II of
chapter 53 of this title, chapter 2 of title I of Public Law 91-508, and section 21
of the Federal Deposit Insurance Act to Federal agencies with statutory
responsibility for enforcing compliance with such provisions and other appropriate
Federal regulatory agencies;
"(iv) evaluate and recommend possible uses of special currency reporting
requirements under section 5326;
"(v) determine emerging trends and methods in money laundering and other
financial crimes;
"(vi) support the conduct of intelligence or counterintelligence activities,
including analysis, to protect against international terrorism; and
"(vii) support government initiatives against money laundering.
*331 "(D) Establish and maintain a financial crimes communications center to
furnish law enforcement authorities with intelligence information related to
emerging or ongoing investigations and undercover operations.
"(E) Furnish research, analytical, and informational services to financial
institutions, appropriate Federal regulatory agencies with regard to financial
institutions, and appropriate Federal, State, local, and foreign law enforcement
authorities, in accordance with policies and guidelines established by the Secretary
of the Treasury or the Under Secretary of the Treasury for Enforcement, in the
interest of detection, prevention, and prosecution of terrorism, organized crime,
money laundering, and other financial crimes.
"(F) Assist Federal, State, local, and foreign law enforcement and regulatory
authorities in combatting the use of informal, nonbank networks and payment and
barter system mechanisms that permit the transfer of funds or the equivalent of
funds without records and without compliance with criminal and tax laws.
"(G) Provide computer and data support and data analysis to the Secretary of the
Treasury for tracking and controlling foreign assets.
"(H) Coordinate with financial intelligence units in other countries on
anti-terrorism and anti-money laundering initiatives, and similar efforts.
"(I) Administer the requirements of subchapter II of chapter 53 of this title,
chapter 2 of title I of Public Law 91-508, and section 21 of the Federal Deposit
Insurance Act, to the extent delegated such authority by the Secretary of the
Treasury.
"(J) Such other duties and powers as the Secretary of the Treasury may delegate
or prescribe.
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"(c) REQUIREMENTS RELATING TO MAINTENANCE AND USE OF DATA BANKS.--The Secretary of
the Treasury shall establish and maintain operating procedures with respect to the
government-wide data access service and the financial crimes communications center
maintained by FinCEN which provide--
"(1) for the coordinated and efficient transmittal of information to, entry of
information into, and withdrawal of information from, the data maintenance system
maintained by the Network, including--
"(A) the submission of reports through the Internet or other secure network,
whenever possible;
"(B) the cataloguing of information in a manner that facilitates rapid retrieval
by law enforcement personnel of meaningful data; and
"(C) a procedure that provides for a prompt initial review of suspicious activity
reports and other reports, or such other means as the Secretary may provide, to
identify information that warrants immediate action; and
"(2) in accordance with section 552a of title 5 and the Right to Financial Privacy
Act of 1978, appropriate standards and guidelines for determining--
"(A) who is to be given access to the information maintained by the Network;
"(B) what limits are to be imposed on the use of such information; and
*332 "(C) how information about activities or relationships which involve or are
closely associated with the exercise of constitutional rights is to be screened out
of the data maintenance system.
"(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated for
FinCEN such sums as may be necessary for fiscal years 2002, 2003, 2004, and 2005.".
<< 31 USCA ~ 5314 NOTE >>
(b) COMPLIANCE WITH REPORTING REQUIREMENTS.--The Secretary of the Treasury shall
study methods for improving compliance with the reporting requirements established
in section 5314 of title 31, United States Code, and shall submit a report on such
study to the Congress by the end of the 6-month period beginning on the date of
enactment of this Act and each I-year period thereafter. The initial report shall
include historical data on compliance with such reporting requirements.
<< 31 USCA prec. ~ 301 >>
(c) CLERICAL AMENDMENT.--The table of sections for subchapter I of chapter 3 of
title 31, United States Code, is amended--
(1) by redesignating the item relating to section 310 as section 311; and
(2) by inserting after the item relating to section 309 the following new item:
"310. Financial Crimes Enforcement Network.".
<< 31 USCA ~ 310 NOTE >>
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SEC. 362. ESTABLISHMENT OF HIGHLY SECURE NETWORK.
(a) IN GENERAL.--The Secretary shall establish a highly secure network in the
Financial Crimes Enforcement Network that--
(1) allows financial institutions to file reports required under subchapter II or
III of chapter 53 of title 31, United States Code, chapter 2 of Public Law 91-508,
or section 21 of the Federal Deposit Insurance Act through the secure network; and
(2) provides financial institutions with alerts and other information regarding
suspicious activities that warrant immediate and enhanced scrutiny.
(b) EXPEDITED DEVELOPMENT.--The Secretary shall take such action as may be
necessary to ensure that the secure network required under subsection (a) is fully
operational before the end of the 9-month period beginning on the date of enactment
of this Act.
SEC. 363. INCREASE IN CIVIL AND CRIMINAL PENALTIES FOR MONEY LAUNDERING.
<< 31 USCA ~ 5321 >>
(a) CIVIL PENALTIES.--Section 5321(a) of title 31, United States Code, is amended
by adding at the end the following:
H(7) PENALTIES FOR INTERNATIONAL COUNTER MONEY LAUNDERING VIOLATIONS.--The
Secretary may impose a civil money penalty in an amount equal to not less than 2
times the amount of the transaction, but not more than $1,000,000, on any financial
institution or agency that violates any provision of subsection (i) or (j) of
section 5318 or any special measures imposed under section 5318A.H.
<< 31 USCA ~ 5322 >>
(b) CRIMINAL PENALTIES.--Section 5322 of title 31, United States Code, is amended
by adding at the end the following:
H(d) A financial institution or agency that violates any provision of subsection
(i) or (j) of section 5318, or any special measures imposed under section 5318A, or
any regulation prescribed under subsection (i) or (j) of section 5318 or section
5318A, shall be *333 fined in an amount equal to not less than 2 times the amount of
the transaction, but not more than $1,000,000.".
<< 12 USCA ~ 248 >>
SEC. 364. UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE FACILITIES.
Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended by adding at the
end the following:
"(q) UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE FACILITIES.--
"(1) Notwithstanding any other provision of law, to authorize personnel to act as
law enforcement officers to protect and safeguard the premises, grounds, property,
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personnel, including members of the Board, of the Board, or any Federal reserve
bank, and operations conducted by or on behalf of the Board or a reserve bank.
"(2) The Board may, subject to the regulations prescribed under paragraph (5),
delegate authority to a Federal reserve bank to authorize personnel to act as law
enforcement officers to protect and safeguard the bank's premises, grounds,
property, personnel, and operations conducted by or on behalf of the bank.
"(3) Law enforcement officers designated or authorized by the Board or a reserve
bank under paragraph (1) or (2) are authorized while on duty to carry firearms and
make arrests without warrants for any offense against the United States committed in
their presence, or for any felony cognizable under the laws of the United States
committed or being committed within the buildings and grounds of the Board or a
reserve bank if they have reasonable grounds to believe that the person to be
arrested has committed or is committing such a felony. Such officers shall have
access to law enforcement information that may be necessary for the protection of
the property or personnel of the Board or a reserve bank.
"(4) For purposes of this subsection, the term 'law enforcement officers' means
personnel who have successfully completed law enforcement training and are
authorized to carry firearms and make arrests pursuant to this subsection.
"(5) The law enforcement authorities provided for in this subsection may be
exercised only pursuant to regulations prescribed by the Board and approved by the
Attorney General.".
SEC. 365. REPORTS RELATING TO COINS AND CURRENCY RECEIVED IN NONFINANCIAL TRADE OR
BUSINESS.
<< 31 USCA ~ 5331 >>
(a) REPORTS REQUIRED.--Subchapter II of chapter 53 of title 31, United States Code,
is amended by adding at the end the following new section:
"~ 5331. Reports relating to coins and currency received in nonfinancial trade or
business
"(a) COIN AND CURRENCY RECEIPTS OF MORE THAN $10,000.--Any pe-rson--
"(1) who is engaged in a trade or business; and
"(2) who, in the course of such trade or business, receives more than $10,000 in
coins or currency in 1 transaction (or 2 or more related transactions),
shall file a report described in subsection (b) with respect to such transaction (or
related transactions) with the Financial Crimes *334 Enforcement Network at such
time and in such manner as the Secretary may, by regulation, prescribe.
"(b) FORM AND MANNER OF REPORTS.--A report is described in this subsection if such
report--
"(1) is in such form as the Secretary may prescribe;
"(2) contains--
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"(A) the name and address, and such other identification information as the
Secretary may require, of the person from whom the coins or currency was received;
"(B) the amount of coins or currency received;
"(C) the date and nature of the transaction; and
"(D) such other information, including the identification of the person filing
the report, as the Secretary may prescribe.
"(c) EXCEPTIONS.--
"(1) AMOUNTS RECEIVED BY FINANCIAL INSTITUTIONS.--Subsection (a) shall not apply
to amounts received in a transaction reported under section 5313 and regulations
prescribed under such section.
"(2) TRANSACTIONS OCCURRING OUTSIDE THE UNITED STATES.--Except to the extent
provided in regulations prescribed by the Secretary, subsection (a) shall not apply
to any transaction if the entire transaction occurs outside the United States.
"(d) CURRENCY INCLUDES FOREIGN CURRENCY AND CERTAIN MONETARY INSTRUMENTS.--
"(1) IN GENERAL.--For purposes of this section, the term 'currency' includes--
"(A) foreign currency; and
"(B) to the extent provided in regulations prescribed by the Secretary, any
monetary instrument (whether or not in bearer form) with a face amount of not more
than $10,000.
"(2) SCOPE OF APPLICATION. --Paragraph (1) (B) shall not apply to any check drawn on
the account of the writer in a financial institution referred to in subparagraph
(A), (B), (C), (D), (E), (F), (G), (J), (K), (R), or (S) of section 5312(a)(2).".
(b) PROHIBITION ON STRUCTURING TRANSACTIONS.--
(1) IN GENERAL.--Section 5324 of title 31, United States Code, is amended--
<< 31 USCA ~ 5324 >>
(A) by redesi~nating subsections (b) and (c) as subsections ~c) and (d),
respectively; and
<< 31 USCA ~ 5324 >>
(8) by inserting after subsection (a) the following new subsection:
"(b) DOMESTIC COIN AND CURRENCY TRANSACTIONS INVOLVING NONFINANCIAL TRADES OR
BUSINESSES.--No person shall, for the purpose of evading the report requirements of
section 5333 or any regulation prescribed under such section--
"(1) cause or attempt to cause a nonfinancial trade or business to fail to file a
report required under section 5333 or any regulation prescribed under such section;
"(2) cause or attempt to cause a nonfinancial trade or business to file a report
required under section 5333 or any regulation prescribed under such section that
contains a material omission or misstatement of fact; or
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*335 "(3) structure or assist in structuring, or attempt to structure or assist in
structuring, any transaction with 1 or more nonfinancial trades or businesses.".
(2) TECHNICAL AND CONFORMING AMENDMENTS.--
<< 31 USCA ~ 5324 >>
(A) The heading for subsection (a) of section 5324 of title 31, United States
Code, is amended by inserting "INVOLVING FINANCIAL INSTITUTIONS" after
"TRANSACTIONS" .
<< 31 USCA ~ 5317 >>
(B) Section 5317(c) of title 31, United States Code, is amended by striking
"5324(b)" and inserting "5324(c) ".
(c) DEFINITION OF NONFINANCIAL TRADE OR BUSINESS.--
(1) IN GENERAL.--Section 5312(a) of title 31, United States Code, is amended--
<< 31 USCA ~ 5312 >>
(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6),
respectively; and
<< 31 USCA ~ 5312 >>
(B) by inserting after paragraph (3) the following new paragraph:
"(4) NONFINANCIAL TRADE OR BUSINESS.--The term 'nonfinancial trade or business'
means any trade or business other than a financial institution that is subject to
the reporting requirements of section 5313 and regulations prescribed under such
section.".
(2) TECHNICAL AND CONFORMING AMENDMENTS.--
<< 31 USCA ~ 5312 >>
(A) Section 5312 (a) (3) (C) of title 31, United States Code, is amended by striking
"section 5316," and inserting "sections 5333 and 5316,".
<< 31 USCA ~~ 5318, 5321, 5326, 5328 >>
(B) Subsections (a) through (f) of section 5318 of title 31, United States Code,
and sections 5321, 5326, and 5328 of such title are each amended--
(i) by inserting "or nonfinancial trade or business" after "financial
institution" each place such term appears; and
(ii) by inserting "or nonfinancial trades or businesses" after "financial
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institutions" each place such term appears.
<< 31 USCA prec. ~ 5301 >>
(c) CLERICAL AMENDMENT.--The table of sections for chapter 53 of title 31, United
States Code, is amended by inserting after the item relating to section 5332 (as
added by section 112 of this title) the following new item:
"5331. Reports relating to coins and currency received in nonfinancial trade or
business.".
<< 31 USCA ~ 5331 NOTE >>
(f) REGULATIONS.--Regulations which the Secretary determines are necessary to
implement this section shall be published in final form before the end of the
6-month period beginning on the date of enactment of this Act.
<< 31 USCA.~ 5313 NOTE >>
SEC. 366. EFFICIENT USE OF CURRENCY TRANSACTION REPORT SYSTEM.
(a) FINDINGS.--The Congress finds the following:
(1) The Congress established the currency transaction reporting requirements in
1970 because the Congress found then that such reports have a high degree of
usefulness in criminal, tax, and regulatory investigations and proceedings and the
usefulness of such reports has only increased in the years since the requirements
were established.
(2) In 1994, in response to reports and testimony that excess amounts of currency
transaction reports were interfering *336 with effective law enforcement, the
Congress reformed the currency transaction report exemption requirements to
provide--
(A) mandatory exemptions for certain reports that had little usefulness for law
enforcement, such as cash transfers between depository institutions and cash
deposits from government agencies; and
(8) discretionary authority for the Secretary of the Treasury to provide
exemptions, subject to criteria and guidelines established by the Secretary, for
financial institutions with regard to regular business customers that maintain
accounts at an institution into which frequent cash deposits are made.
(3) Today there is evidence that some financial institutions are not utilizing the
exemption system, or are filing reports even if there is an exemption in effect,
with the result that the volume of currency transaction reports is once again
interfering with effective law enforcement.
(b) STUDY AND REPORT.--
(1) STUDY REQUIRED.--The Secretary shall conduct a study of--
(A) the possible expansion of the statutory exemption system in effect under
section 5313 of title 31, United States Code; and
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(B) methods for improving financial institution utilization of the statutory
exemption provisions as a way of reducing the submission of currency transaction
reports that have little or no value for law enforcement purposes, including
improvements in the systems in effect at financial institutions for regular review
of the exemption procedures used at the institution and the training of personnel in
its effective use.
(2) REPORT REQUIRED.--The Secretary of the Treasury shall submit a report to the
Congress before the end of the 1-year period beginning on the date of enactment of
this Act containing the findings and conclusions of the Secretary with regard to the
study required under subsection (a), and such recommendations for legislative or
administrative action as the Secretary determines to be appropriate.
Subtitle C--Currency Crimes and Protection
SEC. 371. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.
<< 31 USCA 5 5332 NOTE >>
(a) FINDINGS.--The Congress finds the following:
(1) Effective enforcement of the currency reporting requirements of subchapter II
of chapter 53 of title 31, United States Code, and the regulations prescribed under
such subchapter, has forced drug dealers and other criminals engaged in cash-based
businesses to avoid using traditional financial institutions.
(2) In their effort to avoid using traditional financial institutions, drug
dealers and other criminals are forced to move large quantities of currency in bulk
form to and through the airports, border crossings, and other ports of entry where
the currency can be smuggled out of the United States and *337 placed in a foreign
financial institution or sold on the black market.
(3) The transportation and smuggling of cash in bulk form may now be the most
common form of money laundering, and the movement of large sums of cash is one of
the most reliable warning signs of drug trafficking, terrorism, money laundering,
racketeering, tax evasion and similar crimes.
(4) The intentional transportation into or out of the United States of large
amounts of currency or monetary instruments, in a manner designed to circumvent the
mandatory reporting provisions of subchapter II of chapter 53 of title 31, United
States Code" is the equivalent of, and creates the same harm as, the smuggling of
goods.
(5) The arrest and prosecution of bulk cash smugglers are important parts of law
enforcement's effort to stop the laundering of criminal proceeds, but the couriers
who attempt to smuggle the cash out of the United States are typically low-level
employees of large criminal organizations, and thus are easily replaced.
Accordingly, only the confiscation of the smuggled bulk cash can effectively break
the cycle of criminal activity of which the laundering of the bulk cash is a
critical part.
(6) The current penalties for violations of the currency reporting requirements
are insufficient to provide a deterrent to the laundering of criminal proceeds. In
particular, in cases where the only criminal violation under current law is a
reporting offense, the law does not adequately provide for the confiscation of
smuggled currency. In contrast, if the smuggling of bulk cash were itself an
offense, the cash could be confiscated as the corpus delicti of the smuggling
offense.
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<< 31 USCA ~ 5332 NOTE >>
(b) PURPOSES.--The purposes of this section are--
(1) to make the act of smuggling bulk cash itself a criminal offense;
(2) to authorize forfeiture of any cash or instruments of the smuggling offense;
and
(3) to emphasize the seriousness of the act of bulk cash smuggling.
<< 31 USCA ~ 5332 >>
(c) ENACTMENT OF BULK CASH SMUGGLING OFFENSE.--Subchapter II of chapter 53 of title
31, United States Code, is amended by adding at the end the following:
"~ 5332. Bulk cash smuggling into or out of the United States
"(a) CRIMINAL OFFENSE.--
"(1) IN GENERAL.--Whoever, with the intent to evade a currency reporting
requirement under section 5316, knowingly conceals more than $10,000 in currency or
other monetary instruments on the person of such individual or in any conveyance,
article of luggage, merchandise, or other container, and transports or transfers or
attempts to transport or transfer such currency or monetary instruments from a place
within the United States to a place outside of the United States, or from a place
outside the United States to a place within the United States, shall be guilty of a
currency smuggling offense and subject to punishment pursuant to subsection (b).
"(2) CONCEALMENT ON PERSON.--For purposes of this section, the concealment of
currency on the person of any individual includes concealment in any article of
clothing worn *338 by the individual or in any luggage, backpack, or other container
worn or carried by such individual.
"(b) PENALTY.--
"(1) TERM OF IMPRISONMENT.--A person convicted of a currency smuggling offense
under subsection (a), or a conspiracy to commit such offense, shall be imprisoned
for not more than 5 years.
"(2) FORFEITURE.--In addition, the court, in imposing sentence under paragraph
(1), shall order that the defendant forfeit to the United States, any property, real
or personal, involved in the offense, and any property traceable to such property,
subject to subsection (d) of this section.
"(3) PROCEDURE.--The seizure, restraint, and forfeiture of property under this
section shall be governed by section 413 of the Controlled Substances Act. .
"(4) PERSONAL MONEY JUDGMENT.--If the property subject to forfeiture under
paragraph (2) is unavailable, and the defendant has insufficient substitute property
that may be forfeited pursuant to section 413(p) of the Controlled Substances Act,
the court shall enter a personal money judgment against the defendant for the amount
that would be subject to forfeiture.
"(c) CIVIL FORFEITURE.--
"(1) IN GENERAL.--Any property involved in a violation of subsection (a), or a
conspiracy to commit such violation, and any property traceable to such violation or
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conspiracy, may be seized and, subject to subsection (d) of this section, forfeited
to the United States.
"(2) PROCEDURE.--The seizure and forfeiture shall be governed by the procedures
governing civil forfeitures in money laundering cases pursuant to section
98l(a) (1) (A) of title 18, United States Code.
"(3) TREATMENT OF CERTAIN PROPERTY AS INVOLVED IN THE OFFENSE.--For purposes of
this subsection and subsection (b), any currency or other monetary instrument that
is concealed or intended to be concealed in violation of subsection (a) or a
conspiracy to commit such violation, any article, container, or conveyance used, or
intended to be used, to conceal or transport the currency or other monetary
instrument, and any other property used, or intended to be used, to facilitate the
offense, shall be considered property involved in the offense.".
<< 31 USCA prec. S 5301 >>
(c) CLERICAL AMENDMENT.--The table of sections for subchapter II of chapter 53 of
title 31, United States Code, is amended by inserting after the item relating to
section 5331, as added by this Act, the following new item:
"5332. Bulk cash smuggling into or out of the United States.".
SEC. 372. FORFEITURE IN CURRENCY REPORTING CASES.
<< 31 USCA s 5317 >>
(a) IN GENERAL.--Subsection (c) of section 5317 of title 31, United States Code, is
amended to read as follows:
"(c) FORFEITURE.--
"(1) CRIMINAL FORFEITURE.--
"(A) IN GENERAL.--The court in imposing sentence for any violation of section
5313, 5316, or 5324 of this title, or any conspiracy to commit. such violation, shall
order the defendant to forfeit all property, real or personal, involved in the
offense and any property traceable thereto.
*339 "(B) PROCEDURE.--Forfeitures under this paragraph shall be governed by the
procedures established in section 413 of the Controlled Substances Act.
"(2) CIVIL FORFEITURE.--Any property involved in a violation of section 5313,
5316, or 5324 of this title, or any conspiracy to commit any such violation, and any
property traceable to any such violation or conspiracy, may be seized and forfeited
to the United States in accordance with the procedures governing civil forfeitures
in money laundering cases pursuant to section 981 (a) (1) (A) of title 18, United
States Code.".
(b) CONFORMING AMENDMENTS.--
<< 18 USCA s 981 >>
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(1) Section 981 (a) (1) (A) of title 18, United States Code, is amended--
(A) by striking "of section 5313(a) or 5324(a) of title 31, or"; and
(B) by striking "However" and all that follows through the end of the
subparagraph.
<< 18 USCA ~ 982 >>
(2) Section 982(a) (1) of title 18, United States Code, is amended--
(A) by striking "of section 5313(a), 5316, or 5324 of title 31, or"; and
(B) by striking "However" and all that follows through the end of the paragraph.
SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.
<< 18 USCA ~ 1960 >>
(a) SCIENTER REQUIREMENT FOR SECTION 1960 VIOLATION.--Section 1960 of title 18,
United States Code, is amended to read as follows:
"~ 1960. Prohibition of unlicensed money transmitting businesses
"(a) Whoever knowingly conducts, controls, manages, supervises, directs, or owns
all or part of an unlicensed money transmitting business, shall be fined in
accordance with this title or imprisoned not more than 5 years, or both.
"(b) As used in this section--
"(1) the term 'unlicensed money transmitting business' means a money transmitting
business which affects interstate or foreign commerce in any manner or degree and--
"(A) is operated without an appropriate money transmitting license in a State
where such operation is punishable as a misdemeanor or a felony under State law,
whether or not the defendant knew that the operation was required to be licensed or
that the operation was ~o punishable;
"(B) fails to comply with the money transmitting business registration
requirements under section 5330 of title 31, United States Code, or regulations
prescribed under such section; or
"(C) otherwise involves the transportation or transmission of funds that are
known to the defendant to have been derived from a criminal offense or are intended
to be used to be used to promote or support unlawful activity;
"(2) the term 'money transmitting' includes transferring funds on behalf of the
public by any and all means including but not limited to transfers within this
country or to locations abroad by wire, check, draft, facsimile, or courier; and
*340 "(3) the term 'State' means any State of the United States, the District of
. Columbia, the Northern Mariana Islands, and any commonwealth, territory, or
possession of the United States.".
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<< 18 USCA ~ 981 >>
(b) SEIZURE OF ILLEGALLY TRANSMITTED FUNDS.--Section 981(a) (1) (A) of title 18,
United States Code, is amended by striking "or 1957" and inserting ", 1957 or 1960".
<< 18 USCA prec. ~ 1951 >>
(c) CLERICAL AMENDMENT.--The table of sections for chapter 95 of title 18, United
States Code, is amended in the item relating to section 1960 by striking "illegal"
and inserting "unlicensed".
SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.
(a) COUNTERFEIT ACTS COMMITTED OUTSIDE THE UNITED STATES.--Section 470 of title 18,
United States Code, is amended--
<< 18 USCA ~ 470 >>
(1) in paragraph (2), by inserting "analog, digital, or electronic image," after
"plate, stone,"; and
<< 18 USCA ~ 470 >>
(2) by striking "shall be fined under this title, imprisoned not more than 20
years, or both" and inserting "shall be punished as is provided for the like offense
within the United States".
<< 18 USCA ~ 471 >>
(b) OBLIGATIONS OR SECURITIES OF THE UNITED STATES.--Section 471 of title 18,
United States Code, is amended by striking "fifteen years" and inserting "20 years".
<< 18 USCA ~ 472 >>
(c) UTTERING COUNTERFEIT OBLIGATIONS OR SECURITIES.--Section 472 of title 18,
United States Code, is amended by striking "fifteen years" and inserting "20 years".
<< 18 USCA ~ 473 >>
(d) DEALING IN COUNTERFEIT OBLIGATIONS OR SECURITIES.--Section 473 of tit~e 18,
United States Code, is amended by striking "ten years" and inserting "20 years".
(e) PLATES, STONES, OR ANALOG, DIGITAL, OR ELECTRONIC IMAGES FOR COUNTERFEITING
OBLIGATIONS OR SECURITIES.--
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<< 18 USCA ~ 474 >>
(1) IN GENERAL.--Section 474(a) of title 18, United States Code, is amended by
inserting after the second paragraph the following new paragraph:
"Whoever, with intent to defraud, makes, executes, acquires, scans, captures,
records, receives, transmits, reproduces, sells, or has in such person's control,
custody, or possession, an analog, digital, or electronic image of any obligation or
other security of the United States; or".
<< IS USCA ~ 474 >>
(2) AMENDMENT TO DEFINITION.--Section 474(b) of title IS, United States Code, is
amended by striking the first sentence and inserting the following new sentence:
"For purposes of this section, the term 'analog, digital, or electronic image'
includes any analog, digital, or electronic method used for the making, execution,
acquisition, scanning, capturing, recording, retrieval, transmission, or
reproduction of any obligation or security, unless such use is authorized by the
Secretary of the Treasury.".
<< IS USCA ~ 474 >>
(3) TECHNICAL AND CONFORMING AMENDMENT.--The heading for section 474 of title 18,
United States Code, is amended by striking "or stones" and inserting ", stones, or
analog, digital, or electronic images".
<< IS USCA prec. ~ 470 >>
(4) CLERICAL AMENDMENT.--The table of sections for chapter 25 of title IS, United
States Code, is amended in the item relating to section 474 by striking "or stones"
and inserting ", stones, or analog, digital, or electronic images".
<< IS USCA ~ 476 >>
*341 (f) TAKING IMPRESSIONS OF TOOLS USED FOR OBLIGATIONS OR SECURITIES.-- Section
476 of title lS, United States Code, is amended--
(1) by inserting "analog, digital, or electronic image," after "impression,
stamp,"; and
(2) by striking "ten years" and inserting "25 years".
<< IS USCA ~ 477 >>
(g) POSSESSING OR SELLING IMPRESSIONS OF TOOLS USED FOR OBLIGATIONS OR
SECURITIES.--Section 477 of title IS, United States Code, is amended--
(1) in the first paragraph, by inserting "analog, digital, or electronic image,"
after "imprint, stamp,";
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(2) in the second paragraph, by inserting "analog, digital, or electronic image,"
after "imprint, stamp,"; and
(3) in the third paragraph, by striking "ten years" and inserting "25 years".
<< 18 USCA ~ 484 >>
(h) CONNECTING PARTS OF DIFFERENT NOTES.--Section 484 of title 18, United States
Code, is amended by striking "five years" and inserting "10 years".
<< 18 USCA ~ 493 >>
(i) BONDS AND OBLIGATIONS OF CERTAIN LENDING AGENCIES.--The first and second
paragraphs of section 493 of title 18, United States Code, are each amended by
striking "five years" and inserting "10 years".
SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.
<< 18 USCA ~ 478 >>
(a) FOREIGN OBLIGATIONS OR SECURITIES.--Section 478 of title 18, United States
Code, is amended by striking "five years" and inserting "20 years".
<< 18 USCA ~ 479 >>
(b) UTTERING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURITIES.--Section 479 of title
18, United States Code, is amended by striking "three years" and inserting "20
years" .
<< 18 USCA ~ 480 >>
(c) POSSESSING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURITIES.--Section 480 of title
18, United States Code, is amended by striking "one year" and inserting "20 years".
(d) PLATES, STONES, OR ANALOG, DIGITAL, OR ELECTRONIC IMAGES FOR COUNTERFEITING
FOREIGN OBLIGATIONS OR SECURITIES.--
<< 18 USCA ~ 481 >>
(1) IN GENERAL.--Section 481 of title 18, United States Code, is amended by
inserting after the second paragraph the following new paragraph:
"Whoever, with intent to defraud, makes, executes, acquires, scans, captures,
records, receives, transmits, reproduces, sells, or has in such person's control,
custody, or possession, an analog, digital, or electronic image of any bond,
certificate, obligation, or other security of any foreign government, or of any
treasury note, bill, or promise to pay, lawfully issued by such foreign government
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and intended to circulate as money; or".
<< 18 USCA ~ 481 >>
(2) INCREASED SENTENCE.--The last paragraph of section 481 of title 18, United
States Code, is amended by striking "five years" and inserting "25 years".
<< 18 USCA ~ 481 >>
(3) TECHNICAL AND CONFORMING AMENDMENT.--The heading for section 481 of title 18,
United states Code, is amended by striking "or stones" and inserting ", stones, or
analog, digital, or electronic images".
<< 18 USCA prec. ~ 470 >>
(4) CLERICAL AMENDMENT.--The table of sections for chapter 25 of title 18, United
States Code, is amended in the item relating to section 481 by striking "or stones"
and inserting ", stones, or analog, digital, or electronic images".
<< 18 USCA ~ 482 >>
*342 (e) FOREIGN BANK NOTES.--Section 482 of title 18, United States Code, is
amended by striking "two years" and inserting "20 years".
<< 18 USCA ~ 483 >>
(f) UTTERING COUNTERFEIT FOREIGN BANK NOTES.--Section 483 of title 18, United
States Code, is amended by striking "one year" and inserting "20 years".
<< 18 USCA ~ 1956 >>
SEC. 376. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956 (c) (7) (D) of title 18, United States Code, is amended by inserting "or
2339B" after "2339A".
<< 18 USCA ~ 1029 >>
SEC. 377. EXTRATERRITORIAL JURISDICTION.
Section 1029 of title 18, United States Code, is amended by adding at the end the
following:
"(h) Any person who, outside the jurisdiction of the United States, engages in any
act that, if committed within the jurisdiction of the United States, would
constitute an offense under subsection (a) or (b) of this section, shall be subject
to the fines, penalties, imprisonment, and forfeiture provided in this title if--
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"(1) the offense involves an access device issued, owned, managed, or controlled
by a financial institution, account issuer, credit card system member, or other
entity within the jurisdiction of the United States; and
"(2) the person transports, delivers, conveys, transfers to or through, or
otherwise stores, secrets, or holds within the jurisdiction of the United States,
any article used to assist in the commission of the offense or the proceeds of such
offense or property derived therefrom.".
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern Border
SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN BORDER.
The Attorney General is authorized to waive any FTE cap on personnel assigned to
the Immigration and Naturalization Service on the Northern border.
SEC. 402. NORTHERN BORDER PERSONNEL.
There are authorized to be appropriated--
(1) such sums as may be necessary to triple the number of Border Patrol personnel
(from the number authorized under current law), and the necessary personnel and
facilities to support such personnel, in each State along the Northern Border;
(2) such sums as may be necessary to triple the number of Customs Service
personnel (from the number authorized under current law), and the necessary
personnel and facilities to support such personnel, at ports of entry in each State
along the Northern Border;
(3) such sums as may be necessary to triple the number of INS inspectors (from
the number authorized on the date of the enactment of this Act), and the necessary
personnel *343 and facilities to support such personnel, at ports of entry in each
State along the Northern Border; and
(4) an additional $50,000,000 each to the Immigration and Naturalization Service
and the United States Customs Service for purposes of making improvements in
technology for monitoring the Northern Border and acquiring additional equipment at
the Northern Border.
SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN IDENTIFYING
INFORMATION IN THE CRIMINAL HISTORY RECORDS OF VISA APPLICANTS AND APPLICANTS FOR
ADMISSION TO THE UNITED STATES.
(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.--Section 105 of the
Immigration and Nationality Act (8 U.S.C. 1105) is amended--
<< 8 USCA ~ 1105 >>
(1) in the section heading, by inserting "; DATA EXCHANGE" after "SECURITY
OFFICERS" ;
<< 8 USCA ~ 1105 >>
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(2) by inserting "(a)" after "SEC. 105.";
<< 8 USCA ~ 1105 >>
(3) in subsection (a), by inserting "and border" after "internal" the second place
it appears; and
(4) by adding at the end the following:
<< 8 USCA ~ 1105 >>
"(b) (1) The Attorney General and the Director of the Federal Bureau of
Investigation shall provide the Department of State and the Service access to the
criminal history record information contained in the National Crime Information
Center's Interstate Identification Index (NCIC-III), Wanted Persons File, and to any
other files maintained by the National Crime Information Center that may be mutually
agreed upon by the Attorney General and the agency receiving the access, for the
purpose of determining whether or not a visa applicant or applicant for admission
has a criminal history record indexed in any such file.
"(2) Such access shall be provided by means of extracts of the records for
placement in the automated visa lookout or other appropriate database, and shall be
provided without any fee or charge.
"(3) The Federal Bureau of Investigation shall provide periodic updates of the
extracts at intervals mutually agreed upon with the agency receiving the access.
Upon receipt of such updated extracts, the receiving agency shall make corresponding
updates to its database and destroy previously provided extracts.
"(4) Access to an extract does not entitle the Department of State to obtain the
full content of the corresponding automated criminal history record. To obtain the
full content of a criminal history record, 'the Department of State shall submit the
applicant's fingerprints and any appropriate fingerprint processing fee authorized
by law to the Criminal Justice Information Services Division of the Federal Bureau
of Investigation.
"(c) The provision of the extracts described in subsection (b) may be reconsidered
by the Attorney General and the receiving agency upon the development and deployment
of a more cost-effective and efficient means of sharing the information.
"(d) For purposes of administering this section, the Department of State shall,
prior to receiving access to NCIC data but not later than 4 months after the date of
enactment of this subsection, promulgate final regulations--
"(1) to implement procedures for the taking of fingerprints; and
*344 "(2) to establish the conditions for the use of the information received from
the Federal Bureau of Investigation, in order--
"(A) to limit the redissemination of such information;
"(B) to ensure that such information is used solely to determine whether or not
to issue a visa to an alien or to admit an alien to the United States;
"(C) to ensure the security, confidentiality, and destruction of such
information; and
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"(D) to protect any privacy rights of individuals who are subjects of such
information.".
<< 8 USCA ~ 1105 NOTE >>
(b) REPORTING REQUIREMENT.--Not later than 2 years after the date of enactment of
this Act, the Attorney General and the Secretary of State jointly shall report to
Congress on the implementation of the amendments made by this section.
<< 8 USCA ~ 1379 >>
(c) TECHNOLOGY STANDARD TO CONFIRM IDENTITY.--
(1) IN GENERAL.--The Attorney General and the Secretary of State jointly, through
the National Institute of Standards and Technology (NIST), and in consultation with
the Secretary of the Treasury and other Federal law enforcement and intelligence
agencies the Attorney General or Secretary of State deems appropriate and in
consultation with Congress, shall within 2 years after the date of the enactment of
this section, develop and certify a technology standard that can be used to verify
the identity of persons applying for a United States visa or such persons seeking to
enter the United States pursuant to a visa for the purposes of conducting background
checks, confirming identity, and ensuring that a person has not received a visa
under a different name or such person seeking to enter the United States pursuant to
a visa.
(2) INTEGRATED.--The technology standard developed pursuant to paragraph (1),
shall be the technological basis for a cross-agency, cross-platform electronic
system that is a cost-effective, efficient, fully integrated means to share law
enforcement and intelligence information necessary to confirm the identity of such
persons applying for a United States visa or such person seeking to enter the United
States pursuant to a visa.
(3) ACCESSIBLE.--The electronic system described in paragraph (2), once
implemented, shall be readily and easily accessible to--
(A) all consular officers responsible for the issuance of visas;
(B) all Federal inspection agents at all United States border inspection points;
and
(e) all law enforcement and intelligence officers as determined by regulation to
be responsible for investigation or identification of aliens admitted to the United
States pursuant to a vi~a.
(4) REPORT.--Not later than 18 months after the date of the enactment of this Act,
and every 2 years thereafter, the Attorney General and the Secretary of State shall
jointly, in consultation with the Secretary of Treasury, report to Congress
describing the development, implementation, efficacy, and privacy implications of
the technology standard and electronic database system described in this subsection.
(5) FUNDING.--There is authorized to be appropriated to the Secretary of State,
the Attorney General, and the Director *345 of the National Institute of Standards
and Technology such sums as may be necessary to carry out the provisions of this
subsection.
<< 8 USCA ~ 1105 NOTE >>
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(d) STATUTORY CONSTRUCTION.--Nothing in this section, or in any other law, shall be
construed to limit the authority of the Attorney General or the Director of the
Federal Bureau of Investigation to provide access to the criminal history record
information contained in the National Crime Information Center's (NCIC) Interstate
Identification Index (NCIC-III), or to any other information maintained by the NCIC,
to any Federal agency or officer authorized to enforce or administer the immigration
laws of the United States, for the purpose of such enforcement or administration,
upon terms that are consistent with the National Crime Prevention and Privacy
Compact Act of 1998 (subtitle A of title II of Public Law 105-251; 42 U.S.C.
14611-16) and section 552a of title 5, United States Code.
SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.
The matter under the headings "Immigration And Naturalization Service: Salaries and
Expenses, Enforcement And Border Affairs" and "Immigration And Naturalization
Service: Salaries and Expenses, Citizenship And Benefits, Immigration And Program
Direction" in the Department of Justice Appropriations Act, 2001 (as enacted into
law by Appendix B (H.R. 5548) of Public Law 106-553 (114 Stat. 2762A-58 to
2762A-59)) is amended by striking the following each place it occurs: "Provided,
That none of the funds available to the Immigration and Naturalization Service shall
be available to pay any employee overtime pay in an amount in excess of $30,000
during the calendar year beginning January 1, 2001:".
<< 8 USCA ~ 1379 NOTE >>
SEC. 405. REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM FOR
PORTS OF ENTRY AND OVERSEAS CONSULAR POSTS.
(a) IN GENERAL.--The Attorney General, in consultation with the appropriate heads
of other Federal agencies, including the Secretary of State, Secretary of the
Treasury, and the Secretary of Transportation, shall report to Congress on the
feasibility of enhancing the Integrated Automated Fingerprint Identification System
(IAFIS) of the Federal Bureau of Investigation and other identification systems in
order to better identify a person who holds a foreign passport or a visa and may be
wanted in connection with a criminal investigation in the United States or abroad,
before the issuance of a visa to that person or the entry or exit from the United
States by that person.
(b) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated not
less than $2,000,000 to carry out this section.
Subtitle B--Enhanced Immigration Provisions
SEC. 411. DEFINITIONS RELATING TO TERRORISM.
(a) GROUNDS OF INADMISSIBILITY.--Section 212(a) (3) of the Immigration and
Nationality Act (8 U.S.C. 1182(a) (3)) is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
<< 8 USCA ~ 1182 >>
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*346 (i) by amending subclause (IV) to read as follows:
"(IV) is a representative (as defined in clause (v)) of--
"(aa) a foreign terrorist organization, as designated by the Secretary of
under section 219, or
State
"(bb) a political, social or other similar group whose public endorsement of acts
of terrorist activity the Secretary of State has determined undermines United States
efforts to reduce or eliminate terrorist activities,";
<< 8 USCA ~ 1182 >>
(ii) in subclause (V), by inserting "or" after "section 219,"; and
<< 8 USCA ~ 1182 >>
(iii) by adding at the end the following new subclauses:
"(VI) has used the alien's position of prominence within any country to endorse or
espouse terrorist activity, or to persuade others to support terrorist activity or a
terrorist organization, in a way that the Secretary of State has determined
undermines United States efforts to reduce or eliminate terrorist activities, or
"(VII) is the spouse or child of an alien who is inadmissible under this section, if
the activity causing the alien to be found inadmissible occurred within the last
S years,";
<< 8 USCA ~ 1182 >>
(B) by redesignating clauses (ii), (iii), and (iv) as clauses (iii), (iv), and
(v), respectively;
<< 8 USCA ~ 1182 >>
(C) in clause (i) (II), by striking "clause (iii)" and inserting "clause
(iv) ";
<< 8 USCA ~ 1182 >>
(D) by inserting after clause (i) the following:
"(ii) EXCEPTION.--Subclause (VII) of clause (i) does not apply to a spouse or
child--
"(I) who did not know or should not reasonably have known of the activity causing
the alien to be found inadmissible under this section; or
"(II) whom the consular officer or Attorney General has reasonable grounds to
believe has renounced the activity causing the alien to be found inadmissible under
this section.";
(E) in clause (iii) (as redesignated by subparagraph (B))--
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<< 8 USCA ~ 1182 >>
(i) by inserting "it had been" before "committed in the United States"; and
<< 8 USCA ~ 1182 >>
(ii) in subclause (V) (b), by striking "or firearm" and inserting
other weapon or dangerous device";
firearm, or
<< 8 USCA ~ 1182 >>
(F) by amending clause (iv) (as redesignated by subparagraph (B)) to read as
follows:
"(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED.--As used in this chapter,
'engage in terrorist activity' means, in an individual capacity or as a
an organization--
the term
member of
"(I) to commit or to incite to commit, under circumstances indicating an intention
to cause death or serious bodily injury, a terrorist activity;
"(II) to prepare or plan a terrorist activity;
*347 "(III) to gather information on potential targets for terrorist activity;
"(IV) to solicit funds or other things of value for--
"(aa) a terrorist activity;
"(bb) a terrorist organization described in clause (vi) (I) or (vi) (II); or
"(cc) a terrorist organization described in clause (vi) (III), unless the solicitor
can demonstrate that he did not know, and should not reasonably have known, that the
solicitation would further the organization's terrorist activity;
"(V) to solicit any indi vidual--
"(aa) to engage in conduct otherwise described in this clause;.
"(bb) for membership in a terrorist organization described in clause (vi) (I) or
(vi) (II); or
"(cc) for membership in a terrorist organization described in clause (vi) (III),
unless the solicitor can demonstrate that he did not know, and should not
reasonably have known, that the solicitation would further the organization's
terrorist activity; or
"(VI) to commit an act that the actor knows, or reasonably should know, affords
material support, including a safe house, transportation, communications, funds,
transfer of funds or other material financial benefit, false documentation or
identification, weapons (including chemical, biological, or radiological weapons),
explosives, or training--
"(aa) for the commission of a terrorist activity;
"(bb) to any individual who the actor knows, or reasonably should know, has
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committed or plans to commit a terrorist activity;
" (cc) to a terrorist organization described in clause (vi) (I) or (vi) (II); or
"(dd) to a terrorist organization described in clause (vi) (III), unless the actor
can demonstrate that he did not know, and should not reasonably have known, that the
act would further the organization's terrorist activity.
This clause shall not apply to any material support the alien afforded to an
organization or individual that has committed terrorist activity, if the Secretary
of State, after consultation with the Attorney General, or the Attorney General,
after consultation with the Secretary of State, concludes in his sole unreviewable
discretion, that this clause should not apply. '; and
<< 8 VSCA ~ 1182 >>
(G) by adding at the end the following new clause:
"(vi) TERRORIST ORGANIZATION DEFINED.--As used in clause (i) (VI) and clause
(iv), the term 'terrorist organization' means an organization--
*348 "(I) designated under section 219;
"(II) otherwise designated, upon publication in the Federal Register, by the
Secretary of State in consultation with or upon the request of the Attorney General,
as a terrorist organization, after finding that the organization engages in the
activities described in subclause (I), (II), or (III) of clause (iv), or that the
organization provides material support to further terrorist activity; or
"(III) that is a group of two or more individuals, whether organized or not, which
engages in the activities described in subclause (I), (II), or (III) of clause
(iv)."; and
<< 8 USCA ~ 1182 >>
(2) by adding at the end the following new subparagraph:
"(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS.--Any alien who the Secretary of
State, after consultation with the Attorney General, or the Attorney General, after
consu-l tation with the Secretary of State, determines has been 'associated with a
terrorist organization and intends while in the United States to engage solely,
principally, or incidentally in activities that could endanger the welfare, safety,
or security of the United States is inadmissible.".
(b) CONFORMING AMENDMENTS.--
<< 8 USCA ~ 1227 >>
(1) Section 237(a) (4) (8) of the Immigration and Nationality Act (8 U.S.C.
1227(a) (4) (B)) is amended by striking "section 212(a) (3) (B) (iii)" and inserting
"section 212 (a) (3) (B) (iv)".
<< 8 USCA ~ 1158 >>
(2) Section 208(b) (2) (A) (v) of the Immigration and Nationality Act (8 D.S.C.
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1158 (b) (2) (A) (v)) is amended by striking liar (IV)" and inserting" (IV), or (VI) ".
<< 8 USCA ~ 1182 NOTE >>
(c) RETROACTIVE APPLICATION OF AMENDMENTS.--
(1) IN GENERAL.--Except as otherwise provided in this subsection, the amendments
made by this section shall take effect on the date of the enactment of this Act and
shall apply to--
(A) actions taken by an alien before, on, or after such date; and
(B) all aliens, without regard to the date of entry or attempted entry into the
United States--
(i) in removal proceedings on or after such date (except for proceedings in
whiGh there has been a final administrative decision before such date); or
(ii) seeking admission to the United states on or after such date.
(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION PROCEEDINGS.--
Notwithstanding any other provision of law, sections 212 (a) (3) (B) and 237 (a) (4) (B)
of the Immigration and Nationality Act, as amended by this Act, shall apply to all
aliens in exclusion or deportation proceedings on or after the date of the
enactment of this Act (except for proceedings in which there has been a final
administrative decision before such date) as if such proceedings were removal
proceedings.
(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS AND ORGANIZATIONS DESIGNATED UNDER
SECTION 212(a) (3) (B) (vi) (II)--
(A) IN GENERAL.--Notwithstanding paragraphs (1) and (2), no alien shall be
considered inadmissible under section 212(a) (3) of the Immigration and Nationality
Act (8 U.S.C. *349 1182(a) (3)), or deportable under section 237(a) (4) (B) of such Act
(8 U.S.C. 1227 (a) (4) (B)), by reason of the amendments made by subsection (al, on the
ground that the alien engaged in a terrorist activity described in subclause
(IV) (bb), (V) (bb), or (VI) (cc) of section 212 (a) (3) (8) (iv) of such Act (as so
amended) with respect to a group at any time when the group was not a terrorist
organization designated by the Secretary of State under section 219 of such Act (8
V.S.C. 1189) or otherwise designated under section 212(a) (3) (B) (vi) (II) of such Act
(as so amended) .
(B) STATUTORY CONSTRUCTION.--Subparagraph (A) shall not be construed to prevent
an alien from being considered inadmissible or deportable for having engaged in a
terrorist activity--
(i) described in subclause (IV) (bb), (V) (bb), or (VI) (cc) of section
212 (a) (3) (B) (iv) of such Act (as so amended) with respect to a terrorist
organization at any time when such organization was designated by the Secretary of
State under section 219 of such Act or otherwise designated under section
212 (a) (3) (B) (vi) (II) of such Act (as so amended); or
(ii) described in subclause (IV) (cc), (V) (cc), or (VI) (dd) of section
212 (a) (3) (B) (iv) of such Act (as so amended) with respect to a terrorist
organization described in section 212 (al (3) (B) (vi) (III) of such Act (as so amended) .
(4) EXCEPTION.--The Secretary of State, in consultation with the Attorney General,
may determine that the amendments made by this section shall not apply with respect
to actions by an alien taken outside the United States before the date of the
enactment of this Act upon the recommendation of a consular officer who has
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concluded that there is not reasonable ground to believe that the alien knew or
reasonably should have known that the actions would further a terrorist activity.
(c) DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.--Section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(al) is amended--
<< 8 USCA ~ 1189 >>
(1) in paragraph (1) (B), by inserting "or terrorism (as defined in section
140 (d) (2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f(d) (2)), or retains the capability and intent to engage in terrorist
activity or terrorism" after "212 (a) (3) (B)";
<< 8 USCA ~ 1189 >>
(2) in paragraph (1) (C), by inserting "or terrorism" after "terrorist activity";
<< 8 USCA ~ 1189 >>
(3) by amending paragraph (2) (A) to read as follows:
"(A) NOTICE.--
"(i) TO CONGRESSIONAL LEADERS.--Seven days before making a designation under
this subsection, the Secretary shall, by classified communication, notify the
Speaker and Minority Leader of the House of Representatives, the President pro
tempore, Majority Leader, and Minority Leader of the Senate, and the members of the
relevant committees of the House of Representatives and the Senate, in writing, of
the *350 intent to designate an organization under this subsection, together with
the findings made under paragraph (1) with respect to that organization, and the
factual basis therefor.
"(ii) PUBLICATION IN FEDERAL REGISTER.--The Secretary shall publish the
designation in the Federal Register seven days after providing the notification
under clause (i).";
<< 8 USCA ~ 1189 >>
(4) in paragraph (2) (B) (i), by striking "subparagraph (A)" and inserting
"subparagraph (A) (ii) ";
<< 8 USCA ~ 1189 >>
(5) in paragraph (2) (C), by striking "paragraph (2)" and inserting "paragraph
(2) (A) (i) ";
<< 8 USCA ~ 1189 >>
(6) in paragraph (3) (B), by striking "subsection (c)" and inserting "subsection
(b) ";
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<< 8 USCA ~ 1189 >>
(7) in paragraph (4) (B), by inserting after the first sentence the following:
"The Secretary also may redesignate such organization at the end of any 2-year
redesignation period (but not sooner than 60 days prior to the termination of such
period) for an additional 2-year period upon a finding that the relevant
circumstances described in paragraph (1) still exist. Any redesignation shall be
effective immediately following the end of the prior 2- year designation or
redesignation period unless a different effective date is provided in such
redesignation.";
(8) in paragraph (6) (A)--
<< 8 USCA ~ 1189 >>
(A) by inserting "or a redesignation made under paragraph (4) (B)" after
"paragraph (1)";
<< 8 USCA ~ 1189 >>
(B) in clause (i)--
(i) by inserting "or redesignation" after "designation" the first place it
appears; and
(ii) by striking "of the designation"; and
<< 8 USCA ~ 1189 >>
(C) in clause (ii), by striking "of the designation";
<< 8 USCA ~ 1189 >>
(9) in paragraph (6) (B)--
(A) by striking "through (4)" and inserting "and (3.)"; and
(B) by inserting at the end the following new sentence: "Any revocation shall
take effect on the date specified in the revocation or upon publication in the
Federal Register if no effective date is specified.";
<< 8 USCA ~ 1189 >>
(10) in paragraph (7), by inserting ", or the revocation of a redesignation under
paragraph (6)," after "paragraph (5) or (6)"; and
<< 8 USCA ~ 1189 >>
(11) in paragraph (8)--
(A) by striking "paragraph (1) (B)" and inserting "paragraph (2) (B), or if a
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redesignation under this subsection has become effective under paragraph (4) (B) ";
(B) by inserting "or an alien in a removal proceeding" after "criminal action";
and
(C) by inserting "or redesignation" before "as a defense".
SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL
REVIEW.
<< 8 USCA ~ 1226a >>
(a) IN GENERAL.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after section 236 the following~
*351 "MANDATORY DETENTION OF SUSPECTED TERRORISTS;
HABEAS CORPUS; JUDICIAL REVIEW
"SEC. 236A. (a) DETENTION OF TERRORIST ALIENS--
"(1) CUSTODY.--The Attorney General shall take into custody any alien who is
certified under paragraph (3).
"(2) RELEASE.--Except as provided in paragraphs (5) and (6), the Attorney General
shall maintain custody of such an alien until the alien is removed from the United
States. Except as provided in paragraph (6), such custody shall be maintained
irrespective of any relief from removal for which the alien may be eligible, or any
relief from removal granted the alien, until the Attorney General determines that
the alien is no longer an alien who may be certified under paragraph (3). If the
alien is finally determined not to be removable, detention pursuant to this
subsection shall terminate.
"(3) CERTIFICATION.--The Attorney General may certify an alien under this
paragraph if the Attorney General has reasonable grounds to believe that the alien--
"(A) is described in section 212 (a) (3) (A) (i), 212 (a) (3) (A) (iii), 212 (a) (3) (B),
237 (a) (4) (A) (i), 237 (a) (4) (A) (iii), or 237 (a) (4) (B); or
"(B) is engaged in any other activity that endangers the national security of the
United States.
"(4) NONDELEGATION.--The Attorney General may delegate the authority provided
under paragraph (3) only to the Deputy Attorney General. The Deputy Attorney
General may not delegate such authority.
"(5) COMMENCEMENT OF PROCEEDINGS.--The Attorney General shall place an alien
detained under paragraph (1) in removal proceedings, or shall charge the alien with
a criminal offense, not later than 7 days after the commencement of such detention.
If the requirement of the preceding sentence is not satisfied, the Attorney General
shall release the alien.
"(6) LIMITATION ON INDEFINITE DETENTION.--An alien detained solely under paragraph
(1) who has not been removed under section 241 (a) (1) (A), and whose removal is
unlikely in the reasonably foreseeable future, may be detained for additional
periods of up to six months only if the release of the alien will threaten the
national security of the United States or the safety of the community or any person.
"(7) REVIEW OF CERTIFICATION.--The Attorney General shall review the certification
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made under paragraph (3) every 6 months. If the Attorney General determines, in the
Attorney General's discretion, that the certification should be revoked, the alien
may be released on such conditions as the Attorney General deems appropriate, unless
such release is otherwise prohibited by law. The alien may request each 6 months in
writing that the Attorney General reconsider the certification and may submit
documents or other evidence in support of that request.
"(b) HABEAS CORPUS AND JUDICIAL REVIEW.--
"(1) IN GENERAL.--Judicial review of any action or decision relating to this
section (including judicial review of the merits of a determination made under
subsection (a) (3) or (a) (6)) is available exclusively in habeas corpus proceedings
consistent *352 with this subsection. Except as provided in the preceding sentence,
no court shall have jurisdiction to review, by habeas corpus petition or otherwise,
any such action or decision.
"(2) APPLICATION.--
"(A) IN GENERAL.--Notwithstanding any other provision of law, including section
2241(a) of title 28, United States Code, habeas corpus proceedings described in
paragraph (1) may be initiated only by an application filed with--
"(i) the Supreme Court;
"(ii) any justice of the Supreme Court;
"(iii) any circuit judge of the United States Court of Appeals for the District
of Columbia Circuit; or
"(iv) any district court otherwise having jurisdiction to entertain it.
"(B) APPLICATION TRANSFER.--Section 2241(b) of title 28, United States Code,
shall apply to an application for a writ of habeas corpus described in subparagraph
(A) .
"(3) APPEALS.--Notwithstanding any other provision of law, including section 2253
of title 28, in habeas corpus proceedings described in paragraph (1) before a
circuit or district judge, the final order shall be subject to review, on appeal, by
the United States Court of Appeals for the District of Columbia Circuit. There
shall be no right of appeal in such proceedings to any other circuit court of
appeals.
"(4) RULE OF DECISION.--The law applied by the Supreme Court and the United States
Court of Appeals for the District of Columbia Circuit shall be regarded as the rule
of decision in habeas corpus proceedings described in paragraph (1).
"(c) STATUTORY CONSTRUCTION.--The provisions of this section shall not be
applicable to any other provision of this Act.".
(b) CLERICAL AMENDMENT.--The table of contents of the Immigration and Nationality
Act is amended by inserting after the item relating to section 236 the following:
"Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial
review.".
<< 8 USCA ~ 1226a NOTE >>
(c) REPORTS.--Not later than 6 months after the date of the enactment of this Act,
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and every 6 months thereafter, the Attorney General shall submit a report to the
Committee on the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate, with respect to the reporting period, on--
(1) the number of aliens certified under section 236A(a) (3) of the Immigration and
Nationality Act, as added by subsection (a);
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so certified; and
(5) the number of aliens so certified who--
(A) were granted any form of relief from removal;
(B) were removed;
(C) the Attorney General has determined are no longer aliens who may be so
certified; or
(D) were released from detention.
*353 SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.
Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is
amended--
<< 8 USCA ~ 1202 >>
(1) by striking "except that in the discretion of" and inserting the following:
"except that--
"(1) in the discretion of"; and
<< 8 USCA ~ 1202 >>
(2) by adding at the end the following:
"(2) the Secretary of State, in the Secretary's discretion and on the basis of
reciprocity, may provide to a foreign government information in the Department of
State's computerized visa lookout database and, when necessary and appropriate,
other records covered by this section related to information in the database--
"(A) with regard to individual aliens, at any time on a case-by-case basis for
the purpose of preventing, investigating, or punishing acts that would constitute a
crime in the United States, including, but not limited to, terrorism or trafficking
in controlled substances, persons, or illicit weapons; or
"(B) with regard to any or all aliens in the database, pursuant to such
conditions as the Secretary of State shall establish in an agreement with the
foreign government in which that government agrees to use such information and
records for the purposes described in subparagraph (A) or to deny visas to persons
who would be inadmissible to the United States.".
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SEC. 414. VISA INTEGRITY AND SECURITY.
<< 8 USCA ~ 1365a NOTE >>
(a) SENSE OF CONGRESS REGARDING THE NEED TO EXPEDITE IMPLEMENTATION OF INTEGRATED
ENTRY AND EXIT DATA SYSTEM.--
(1) SENSE OF CONGRESS.--In light of the terrorist attacks perpetrated against the
United States on September 11, 2001, it is the sense of the Congress that--
(A) the Attorney General, in consultation with the Secretary of State, should
fully implement the integrated entry and exit data system for airports, seaports,
and land border ports of entry, as specified in section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), with
all deliberate speed and as expeditiously as practicable; and
(B) the Attorney General, in consultation with the Secretary of State, the
Secretary of Commerce, the Secretary of the Treasury, and the Office of Homeland
Security, should immediately begin establishing the Integrated Entry and Exit Data
System Task Force, as described in section 3 of the Immigration and Naturalization
Service Data Management Improvement Act of 2000 (Public Law 106-215) .
(2) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated such
sums as may be necessary to fully implement the system described in paragraph
(1) (A).
(b) DEVELOPMENT OF THE SYSTEM.--In the development of the integrated entry and exit
data system under section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a), the Attorney General and the Secretary
of State shall particularly focus on--
(1) the utilization of biometric technology; and
*354 (2) the development of tamper-resistant documents readable at ports of
entry.
(c) INTERFACE WITH LAW ENFORCEMENT DATABASES.--The entry and exit data system
described in this section shall be able to interface with law enforcement databases
for use by Federal law enforcement to identify and detain individuals who pose a
threat to the national security of the United States.
(d) REPORT ON SCREENING INFORMATION. --Not later than 12 month's after -the date of
enactment of this Act, the Office of Homeland Security shall submit a report to
Congress on the information that is needed from any United States agency to
effectively screen visa applicants and applicants for admission to the United States
to identify those affiliated with terrorist organizations or those that pose any
threat to the safety or security of the United States, including the type of
information currently received by United States agencies and the regularity with
which such information is transmitted to the Secretary of State and the Attorney
General.
<< 8 USCA ~ 1365a NOTE >>
SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON ENTRY-EXIT TASK FORCE.
Section 3 of the Immigration and Naturalization Service Data Management Improvement
Act of 2000 (Public Law 106-215) is amended by striking "and the Secretary of the
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Treasury," and inserting "the Secretary of the Treasury, and the Office of Homeland
Security" .
SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.
<< 8 USCA ~ 1372 NOTE >>
(a) FULL IMPLEMENTATION AND EXPANSION OF FOREIGN STUDENT VISA MONITORING PROGRAM
REQUIRED.--The Attorney General, in consultation with the Secretary of State, shall
fully implement and expand the program established by section 641(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
<< 8 USCA ~ 1372 NOTE >>
(b) INTEGRATION WITH PORT OF ENTRY INFORMATION.--For each alien with respect to
whom information is collected under section 641 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney General, in
consultation with the Secretary of State, shall include information on the date of
entry and port of entry.
(c) EXPANSION OF SYSTEM TO INCLUDE OTHER APPROVED EDUCATIONAL INSTITUTIONS.--
Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C.1372) is amended--
<< 8 USCA ~ 1372 >>
(1) in subsection (a) (1), subsection (c) (4) (A), and subsection (d) (1) (in the text
above subparagraph (A)), by inserting ", other approved educational institutions,"
after "higher education" each place it appears;
<< 8 USCA ~ 1372 >>
(2) in subsections (c) (1) (C), (c) (1:) (D), and (d) (1) (A), by inserting" or other
approved educational institution," after "higher education" each place it appears;
<< 8 USCA ~ 1372 >>
(3) in subsections (d) (2), (e) (1), and. (e) (2), by inserting" other approved
educational institution," after "higher education" each place it appears; and
<< 8 USCA ~ 1372 >>
(4) in subsection (h), by adding at the end the following new paragraph:
"(3) OTHER APPROVED EDUCATIONAL INSTITUTION.--The term 'other approved educational
institution' includes any air flight school, language training school, or vocational
school, *355 approved by the Attorney General, in consultation with the Secretary of
Education and the Secretary of State, under subparagraph (F), (J), or (M) of section
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101 (a) (15) of the Immigration and Nationality Act. ".
(d) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated to the
Department of Justice $36,800,000 for the period beginning on the date of enactment
of this Act and ending on January 1, 2003, to fully implement and expand prior to
January 1, 2003, the program established by section 641(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
SEC. 417. MACHINE READABLE PASSPORTS.
<< 8 USCA ~ 1187 NOTE >>
(a) AUDITS.--The Secretary of State shall, each fiscal year until September 30,
2007--
(1) perform annual audits of the implementation of section 217(c) (2) (B) of the
Immigration and Nationality Act (8 U.S.C. 1187(c) (2) (B));
(2) check for the implementation of precautionary measures to prevent the
counterfeiting and theft of passports; and
(3) ascertain that countries designated under the visa waiver program have
established a program to develop tamper-resistant passports.
<< 8 USCA ~ 1187 NOTE >>
(b) PERIODIC REPORTS.--Beginning one year after the date of enactment of this Act,
and every year thereafter until 2007, the Secretary of State shall submit a report
to Congress setting forth the findings of the most recent audit conducted under
subsection (a) (1).
<< 8 USCA ~ 1187 >>
(c) ADVANCING DEADLINE FOR SATISFACTION OF REQUIREMENT.--Section 217(a) (3) of the
Immi-gration and Nationality Act (8 U.S.C. 1187(a) (3)) is amended by striking "2007"
and inserting "2003".
(d) WAIVER.--Section 217(a) (3) of the Immigration and Nationality Act (8 U.S.C.
1187 (a) (3)) is amended--
<< 8 USCA ~ 1187 >>
(1) by striking "On or after" and inserting the following:
"(A) IN GENERAL.--Except as provided in subparagraph (B), on or after"; and
<< 8 USCA ~ 1187 >>
(2) by adding at the end the following:
"(B) LIMITED WAIVER AUTHORITY.--For the period beginning October 1, 2003, and
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ending September 30, 2007, the Secretary of State may waive the requirement of
subparagraph (A) with respect to nationals of a program country (as designated
under subsection (c)), if the Secretary of State finds that the program country--
"(i) is making progress toward ensuring that passports meeting the requirement
of subparagraph (A) are generally available to its nationals; and
"(ii) has taken appropriate measures to protect against misuse of passports the
country has issued that do not meet the requirement of subparagraph (A) .".
SEC. 418. PREVENTION OF CONSULATE SHOPPING.
<< 8 USCA ~ 1201 NOTE >>
(a) REVIEW.--The Secretary of State shall review how consular officers issue visas
to-determine if consular shopping is a problem.
*356 (b) ACTIONS TO BE TAKEN.--If the Secretary of State determines under
subsection (a) that consular shopping is a problem, the Secretary shall take steps
to address the problem and shall submit a report to Congress describing what action
was taken.
Subtitle C--Preservation of Immigration
Benefits for Victims of Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL.--For purposes of the Immigration and Nationality Act (8 U. S.C.
1101 et seq.), the Attorney General may provide an alien described in subsection (b)
with the status of a special immigrant under section 101(a) (27) of such Act (8
U.S.C. 1101(a(27)), if the alien--
(1) files with the Attorney General a petition under section 204 of such Act (8
U.S.C. 1154) for classification under section 203(b) (4) of such Act (8 U.S.C.
1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant visa and is otherwise admissible
to the United States for permanent residence, except in determining such
admissibility, the grounds for inadmissibility specified in section 212(a) (4) of
such Act (8 U.S.C. 1182 (a) (4)) shall not apply.
(b) ALIENS DESCRIBED.--
(1) PRINCIPAL ALIENS.--An alien is described in this subsection if--
(A) the alien was the beneficiary of--
(i) a petition that was filed with the Attorney General on or before September
11, 2001--
(I) under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) to
classify the alien as a family-sponsored immigrant under section 203(a) of such Act
(8 U.S.C. 1153(a)) or as an employment-based immigrant under section 203(b) of such
Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8 U.S.C. 1184(d)) of such Act to authorize the issuance
of a nonimmigrant visa to the alien under section 101 (a) (15) (K) of such Act (8
U.S.C. 1101(a)(15)(K)); or
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(ii) an application for labor certification under section 212 (a) (5) (A) of such
Act (8 U.S.C. 1182(a) (5) (A)) that was filed under regulations of the Secretary of
Labor on or before such date; and
(B) such petition or application was revoked or terminated (or otherwise rendered
null), either before or after its approval, due to a specified terrorist activity
that directly resulted in--
(i) the death or disability of the petitioner, applicant, or alien beneficiary;
or
(ii) loss of employment due to physical damage to, or destruction of, the
business of the petitioner or applicant.
(2) SPOUSES AND CHILDREN.--
(A) IN GENERAL.--An alien is described in this subsection if--
*357 (i) the alien was, on September 10, 2001, the spouse or child of a
principal alien described in paragraph (1); and
(ii) the alien--
(I) is accompanying such principal alien; or
(II) is following to join such principal alien not later than September 11, 2003.
(B) CONSTRUCTION.--For purposes of construing the terms "accompanying" and
"following to join" in subparagraph (A) (ii), any death of a principal alien that is
described in paragraph (1) (B) (i) shall be disregarded.
(3) GRANDPARENTS OF ORPHANS.--An alien is described in this subsection if the
alien is a grandparent of a child, both of whose parents died as a direct result of
a specified terrorist activity, if either of such deceased parents was, on September
10, 2001, a citizen or national of the United States or an alien lawfully admitted
for permanent residence in the United States.
(c) PRIORITY DATE.--Immigrant visas made available under this section shall be
issued to aliens in the order in which a petition on behalf of each such alien is
filed with the Attorney General under subsection (a) (1), except that if an alien was
assigned a priority date with respect to a petition described in subsection
(b) (1) (A) (i), the alien may maintain that priority date.
(d) NUMERICAL LIMITATIONS.--For purposes of the application of sections 201 through
203 of the Immigration and Nationality Act (8 U.S.C. 1151-1153) in any fiscal year,
aliens eligible to be provided status under this section shall be treated as special
immigrants described in section 101(a) (27) of such Act (8 U.S.C. 1l01(a) (27)) who
are not described in subparagraph (A), (B), (C), or (K) of such section.
SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STATUS.--
(1) IN GENERAL.--Notwithstanding section 214 of the Immigration and Nationality
Act (8 U.S.C. 1184), in the case of an alien described in paragraph (2) who was
lawfully present in the United States as a nonimmigrant on September 10, 2001, the
alien may remain lawfully in the United States in the same nonimmigrant status until
the later of--
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(A) the date such lawful nonimmigrant status otherwise would have terminated if
this subsection had not been enacted; or
(B) 1 year after the death or onset of disability described in paragraph (2).
(2) ALIENS DESCRIBED.--
(A) PRINCIPAL ALIENS.--An alien is described in this paragraph if the alien was
disabled as a direct result of a specified terrorist activity.
(B) SPOUSES. AND CHILDREN.--An alien is described in this paragraph if the alien
was, on September 10, 2001, the spouse or child of--
(i) a principal alien described in subparagraph (A); or
(ii) an alien who died as a direct result of a specified terrorist activity.
*358 (3) AUTHORIZED EMPLOYMENT.--During the period in which a principal alien or
alien spouse is in lawful nonimmigrant status under paragraph (1), the alien shall
be provided an "employment authorized" endorsement or other appropriate document
signifying authorization of employment not later than 30 days after the alien
requests such authorization.
(b) NEW DEADLINES FOR EXTENSION OR CHANGE OF NONIMMIGRANT STATUS.--
(1) FILING DELAYS.--In the case of an alien who was lawfully present in the United
States as a nonimmigrant on September 10, 2001, if the alien was prevented from
filing a timely application for an extension or change of nonimmigrant status as a
direct result of a specified terrorist activity, the alien's application shall be
considered timely filed if it is filed not later than 60 days after it otherwise
would have been due.
(2) DEPARTURE DELAYS.--In the case of an alien who was lawfully present in the
United States as a nonimmigrant on September 10, 2001, if the alien is unable timely
to depart the United States as a direct result of a specified terrorist activity,
the alien shall not be considered to have been unlawfully present in the United
States during the period beginning on September 11, 2001, and ending on the date of
the alien's departure, if such departure occurs on or before November 11, 2001.
(3) SPECIAL RULE FOR ALIENS UNABLE TO RETURN FROM ABROAD.--
(A) PRINCIPAL ALIENS.--In the case of an alien who was in a lawful nonimmigrant
status on. September 10, 2001, but who was not present- in the United States on such
date, if the alien was prevented from returning to the United States in order to
file a timely application for an extension of nonimmigrant status as a direct result
of a specified terrorist activity--
(i) the alien's application shall be considered timely filed if it is filed not
later than 60 days after it otherwise would have been due; and
(ii) the alien's lawful nonimmigrant status shall be considered to continue
until the later of--
(I) the date such status otherwise would have terminated if this subparagraph had
not been enacted; or
(II) the date that is 60 days after the date on which the application described in
clause (i) otherwise would have been due.
(B) SPOUSES AND CHILDREN.--In the case of an alien who is the spouse or child of
a principal alien described in subparagraph (A), if the spouse or child was in a
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lawful nonimmigrant status on September 10, 2001, the spouse or child may remain
lawfully in the United States in the same nonimmigrant status until the later of--
(i) the date such lawful nonimmigrant status otherwise would have terminated if
this subparagraph had not been enacted; or
(ii) the date that is 60 days after the date on which the application described
in subparagraph (A) otherwise would have been due.
(4) CIRCUMSTANCES PREVENTING TIMELY ACTION.--
*359 (A) FILING DELAYS.--For purposes of paragraph (1), circumstances preventing
an alien from timely acting are--
(i) office closures;
(ii) mail or courier service cessations or delays; and
(iii) other closures, cessations, or delays affecting case processing or travel
necessary to satisfy legal requirements.
(B) DEPARTURE AND RETURN DELAYS.--For purposes of paragraphs (2) and (3),
circumstances preventing an alien from timely acting are--
(i) office closures;
(ii) airline flight cessations or delays; and
(iii) other closures, cessations, or delays affecting case processing or travel
necessary to satisfy legal requirements.
(c) DIVERSITY IMMIGRANTS.--
(1) WAIVER OF FISCAL YEAR LIMITATION.--Notwithstanding section 203(e) (2) of the
Immigration and Nationality Act (8 U.S.C. 1153(e) (2)), an immigrant visa number
issued to an alien under section 203(c) of such Act for fiscal year 2001 may be used
by the alien during the period beginning on October 1, 2001, and ending on April 1,
2002, if the alien establishes that the alien was prevented from using it during
fiscal year 2001 as a direct result of a specified terrorist activity.
(2) WORLDWIDE LEVEL.--In the case of an alien entering the United States as a
lawful permanent resident, or adjusting to that status, under paragraph (1) or (3),
the alien shall be counted as a diversity immigrant for fiscal. year 2001 for
purposes of section 201(e) of the Immigration and Nationality Act (8 U.S.C.
1151(e)), unless the worldwide level under such section for such year has been
exceeded, in which case the alien shall be counted as a diversity immigrant for
fiscal year 2002.
(3) TREATMENT OF FAMILY MEMBERS OF CERTAIN ALIENS.--In the case of a principal
alien issued an immigrant visa number under section 203(c) of the Immigration and
Nationality Act (8 U.S.C. 1153(c)) for fiscal year 2001, if such principal alien
died as a direct result of a specified terrorist activity, the aliens who were, on
September 10, 2001, the spouse and children of such principal alien shall, until
June 30, 2002, if not otherwise entitled to an immigrant status and the immediate
issuance of a visa under subsection (a), (b), or (c) of section 203 of such Act, be
entitled to the same status, and the same order of consideration, that would have
been provided to such alien spouse or child under section 203(d) of such Act as if
the principal alien were not deceased and as if the spouse or child's visa
application had been adjudicated by September 30, 2001.
(4) CIRCUMSTANCES PREVENTING TIMELY ACTION.--For purposes of paragraph (1),
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circumstances preventing an alien from using an immigrant visa number during fiscal
year 2001 are--
(A) office closures;
(8) mail or courier service cessations or delays;
(C) airline flight cessations or delays; and
(D) other closures, cessations, or delays affecting case processing or travel
necessary to satisfy legal requirements.
*360 (d) EXTENSION OF EXPIRATION OF IMMIGRANT VISAS.--
(1) IN GENERAL.--Notwithstanding the limitations under section 221(c) of the
Immigration and Nationality Act (8 U.S.C. 1201(c)), in the case of any immigrant
visa issued to an alien that expires or expired before December 31, 2001, if the
alien was unable to effect entry into the United States as ~ direct result of a
specified terrorist activity, then the period of validity of the visa is extended
until December 31, 2001, unless a longer period of validity is otherwise provided
under this subtitle.
(2) CIRCUMSTANCES PREVENTING ENTRY.--For purposes of this subsection,
circumstances preventing an alien from effecting entry into the United States are--
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting case processing or travel
necessary to satisfy legal requirements.
(e) GRANTS OF PAROLE EXTENDED.--
(1) IN GENERAL.--In the case of any parole granted by the Attorney General under
section 212(d) (5) of the Immigration and Nationality Act (8 U.S.C. 1182 (d) (5)) that
expires on a date on or after September 11, 2001, if the alien beneficiary of the
parole was unable to return to the United states prior to the expiration date as a
direct result of a specified terrorist activity, the parole is deemed extended for
an additional 90 days.
(2) CIRCUMSTANCES PREVENTING RETURN.--For purposes of this subsection,
circumstances preventing an alien from timely returning to the United States are--
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delay~ affecting case processing or travel
necessary to satisfy legal requirements.
(f) VOLUNTARY DEPARTURE.--Notwithstanding section 240B of the Immigration and
Nationality Act (8 U.S.C. 1229c), if a period for voluntary departure under such
section expired during the period beginning on September 11, 2001, and ending on
October 11, 2001, such voluntary departure period is deemed extended for an
additional 30 days.
SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.
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(a) TREATMENT AS IMMEDIATE RELATIVES.--
(1) SPOUSES.--Notwithstanding the second sentence of section 201(b) (2) (A) (i) of
the Immigration and Nationality Act (8 U.S.C. 1151(b) (2) (A) (i)), in the case of an
alien who was the spouse of a citizen of the United States at the time of the
citizen's death and was not legally separated from the citizen at the time of the
citizen's death, if the citizen died as a direct result of a specified terrorist
activity, the alien (and each child of the alien) shall be considered, for purposes
of section 201(b) of such Act, to remain an immediate relative after the date of
the citizen's death, but only if the alien files a petition under section
204 (a) (1) (A) (ii) of such Act within 2 years after such date and only until the date
the alien remarries. For purposes of such section 204 (a) (1) (A) (ii), an alien
granted relief under the preceding sentence shall be considered *361 an alien spouse
described in the second sentence of section 201 (b) (2) (A) (i) of such Act.
(2) CHILDREN.--
(A) IN GENERAL.--In the-case of an alien who was the child of a citizen of the
United states at the time of the citizen's death, if the citizen died as a direct
result of a specified terrorist activity, the alien shall be considered, for
purposes of section 201(b) of the Immigration and Nationality Act (8 U.S.C.
1151(b)), to remain an immediate relative after the date of the citizen's death
(regardless of changes in age or marital status thereafter), but only if the alien
files a petition under subparagraph (B) within 2 years after such date.
(B) PETITIONS.--An alien described in subparagraph (A) may file a petition with
the Attorney General for classification of the alien under section 201 (b) (2) (A) (i)
of the Immigration and Nationality Act (8 U.S.C. 1151(b) (2) (A) (i)). For purposes of
such Act, such a petition shall be considered a petition filed under section
204 (a) (1) (A) of such Act (8 U.S.C. 1154 (a) (1) (A)).
(b) SPOUSES, CHILDREN, UNMARRIED SONS AND DAUGHTERS OF LAWFUL PERMANENT RESIDENT
ALIENS.--
(1) IN GENERAL.--Any spouse, child, or unmarried son or daughter of an alien
described in paragraph (3) who is included in a petition for classification as a
family-sponsored immigrant under section 203(a) (2) of the Immigration and
Nationality Act (8 U.S.C. 1153(a) (2)) that was filed by such alien before September
11, 2001, shall be considered (if the spouse, child, son, or daughter has not been
admitted or approved for lawful permanent residence by such date) a valid petitioner
for preference status under such section with the same priority date as that
assigned prior to the death described in paragraph (3) (A). No new petition shall be
required to be filed. Such spouse, child, son, or daughter may be eligible for
deferred action and work authorization.
(2) SELF-PETITIONS.--Any spouse, child, or unmarried son or daughter of an alien
described in paragraph (3) who is not a beneficiary of a petition for classification
as a family-sponsored immigrant under section 203(a) (2) of the Immigration and
Nationality Act may file a petition for such classification with the Attorney
General, if the spouse, child, son, or daughter was present in the United States on
September 11, 2001. Such spouse, child, son, or daughter may be eligible for
deferred action and work authorization. .
(3) ALIENS DESCRIBED.--An alien is described in this paragraph if the alien--
(A) died as a direct result of a specified terrorist activity; and
(B) on the day of such death, was lawfully admitted for permanent residence in
the United States.
(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY SURVIVING SPOUSES AND CHILDREN OF
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EMPLOYMENT-BASED IMMIGRANTS.--
(1) IN GENERAL.--Any alien who was, on September 10, 2001, the spouse or child of
an alien described in paragraph (2), and who applied for adjustment of status prior
to the death described in paragraph (2) (A), may have such application adjudicated as
if such death had not occurred.
*362 (2) ALIENS DESCRIBED.--An alien is described in this paragraph if the alien--
(A) died as a direct result of a specified terrorist activity; and
(B) on the day before such death, was--
(il an alien lawfully admitted for permanent residence in the United States by
reason of having been allotted a visa under section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status to that of an alien described in
clause (i), and admissible to the United States for permanent residence.
(d) WAIVER OF PUBLIC CHARGE GROUNDS.--In determining the admissibility of any alien
accorded an immigration benefit under this section, the grounds for inadmissibility
specified in section 212(a) (4) of the Immigration and Nationality Act (8 U.S.C.
1182 (a) (4)) shall not apply.
SEC. 424. "AGE-OUT" PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), in the case of an alien--
(1) whose 21st birthday occurs in September 2001, and who is the beneficiary of a
petition or application filed under such Act on or before September 11, 2001, the
alien shall be considered to be a child for 90 days after the alien's 21st birthday
for purposes of adjudicating such petition or application; and
(2) whose 21st birthday occurs after September 2001, and who is the beneficiary of
a petition or application filed under such Act on or before September 11, 2001, the
alien shall be considered to be a child for 45 days after the alien's 21st birthday
for purposes of adjudicating such petition or application.
SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or to ensure family unity, may
provide temporary administrative relief to any alien who--
(1) was lawfully present in the United States on September 10, 2001;
(2) was on such date the spouse, parent, or child of an individual who died or was
disabled as a direct result of a specified terrorist activity; and
(3) is not otherwise entitled to relief under any other provision of this
subtitle.
SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.
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(a) IN GENERAL.--The Attorney General shall establish appropriate standards for
evidence demonstrating, for purposes of this subtitle, that any of the following
occurred as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage to, or destruction of, a business.
(b) WAIVER OF REGULATIONS.--The Attorney General shall carry out subsection (a) as
expeditiously as possible. The Attorney General *363 is not required to promulgate
regulations prior to implementing this subtitle.
SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF TERRORISTS.
Notwithstanding any other provision of this subtitle, nothing in this subtitle
shall be construed to provide any benefit or relief to--
(1) any individual culpable for a specified terrorist activity; or
(2) any family member of any individual described in paragraph (1).
SEC. 428. DEFINITIONS.
(a) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS.--Except as otherwise
specifically provided in this subtitle, the definitions used in the Immigration and
Nationality Act (excluding the definitions applicable exclusively to title III of
such Act) shall apply in the administration of this subtitle.
(b) SPECIFIED TERRORIST ACTIVITY.--For purposes of this subtitle, the term
"specified terrorist activity" means any terrorist activity conducted against the
Government or the people of the United States on September 11, 2001.
TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM
<< 18 USCA ~ 3071 NOTE >>
SEC. 501.. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS TO COMBAT TERRORISM.
(a) PAYMENT OF REWARDS TO COMBAT TERRORISM.--Funds available to the Attorney
General may be used for the payment of rewards pursuant to public advertisements for
assistance to the Department of Justice to combat terrorism and defend the Nation
against terrorist acts, in accordance with procedures and regulations established or
issued by the Attorney General.
(b) CONDITIONS.--In making rewards under this section--
(1) no such reward of $250,000 or more may be made or offered without the personal
approval of either the Attorney General or the President;
(2) the Attorney General shall give written notice to the Chairmen and ranking
minority members of the Committees on Appropriations and the Judiciary of the Senate
and of the House of Representatives not later than 30 days after the approval of a
reward under paragraph (1);
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(3) any executive agency or military department (as defined, respectively, in
sections 105 and 102 of title 5, United States Code) may provide the Attorney
General with funds for the payment of rewards;
(4) neither the failure of the Attorney General to authorize a payment nor the
amount authorized shall be subject to judicial review; and
(5) no such reward shall be subject to any per--or aggregate reward spending
limitation established by law, unless that law expressly refers to this section, and
no reward paid pursuant to any such offer shall count toward any such aggregate
reward spending limitation.
*364 SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.
Section 36 of the State Departrnent Basic Authorities Act of 1956 (Public Law 885,
August 1, 1956; 22 U.S.C. 2708) is amended--
(1) in subsection (b)--
<< 22 USCA ~ 2708 >>
(A) in paragraph (4), by striking "or" at the end;
<< 22 USCA ~ 2708 >>
(B) in paragraph (5), by striking the period at the end and inserting "
including by dismantling an organization in whole or significant part; or"; and
<< 22 USCA ~ 2708 >>
(C) by adding at the end the following:
"(6) the identification or location of an individual who holds a key leadership
position in a terrorist organization.";
<< 22 USCA ~ 2708 >>
(2) in subsection (d), by striking paragraphs (2) and (3) and redesignating
paragraph (4) as paragraph (2); and
<< 22 USCA ~ 2708 >>
(3) in subsection (e) (1), by inserting ", except as personally authorized by the
Secretary of State if he determines that offer or payment of an award of a larger
amount is necessary to combat terrorism or defend the Nation against terrorist
acts." after "$5,000,000".
<< 42 USCA ~ 14135a >>
SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS.
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Section 3(d) (2) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135a (d) (2)) is amended to read as follows:
"(2) In addition to the offenses described in paragraph (1), the following
offenses shall be treated for purposes of this section as qualifying Federal
offenses, as determined by the Attorney General:
"(A) Any offense listed in section 2332b (g) (5) (B) of title 18, United States
Code.
"(B) Any crime of violence (as defined in section 16 of title 18, United States
Code) .
"(C) Any attempt or conspiracy to commit any of the above offenses.".
SEC. 504. COORDINATION WITH LAW ENFORCEMENT.
<< 50 USCA ~ 1806 >>
(a) INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE.--Section 106 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806), is amended by adding
at the end the following:
" (k) (1) Federal officers who conduct electronic surveillance to acquire foreign
intelligence information under this title may consult with Federal law enforcement
officers to coordinate efforts to investigate or protect against--
"(A) actual or potential attack or other grave hostile acts of a foreign power or
an agent of a foreign power;
"(B) sabotage or international terrorism by a foreign power or an agent of a
foreign power; or
"(C) clandestine intelligence activities by an intelligence service or network of
a foreign power or by an agent of a foreign power.
"(2) Coordination authorized under paragraph (1) shall not preclude the
certification required by section 104 (a) (7) (B) or the entry of an order under
section 105-.".
<< 50 USCA ~ 1825 >>
(b) INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.--Section 305 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is amended by adding at the
end the following:
*365 "( k) (1) Federal officers who conduct physical. searches to acquire foreign
intelligence information under this title may consult with Federal law enforcement
officers to coordinate efforts to investigate or protect against--
"(A) actual or potential attack or other grave hostile acts of a foreign power or
an agent of a foreign power;
"(B) sabotage or international terrorism by a foreign power or an agent of a
foreign power; or
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"(e) clandestine intelligence activities by an intelligence service or network of
a foreign power or by an agent of a foreign power.
"(2) Coordination authorized under paragraph (1) shall not preclude the
certification required by section 303(a) (7) or the entry of an order under section
304.".
SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.
(a) TELEPHONE TOLL AND TRANSACTIONAL RECORDS.--Section 2709(b) of title 18, United
States Code, is amended--
<< 18 USCA ~ 2709 >>
(1) in the matter preceding paragraph (1), by inserting "at Bureau headquarters or
a Special Agent in Charge in a Bureau field office designated by the Director" after
"Assistant Director";
<< 18 USCA ~ 2709 >>
(2) in paragraph (1)--
(A) by striking "in a position not lower than Deputy Assistant Director"; and
(B) by striking "made that" and all that follows and inserting the following:
"made that the name, address, length of service, and toll billing records sought are
relevant to an authorized investigation to protect against international terrorism
or clandestine intelligence activities, provided that such an investigation of a
United States person is not conducted solely on the basis of activities protected by
the first amendment to the Constitution of the United States; and"; and
<< 18 USCA ~ 2709 >>
(3) in paragraph (2)--
(A) by striking "in a position not lower than Deputy Assistant Director"; and
(B) by striking "made that" and all that follows and inserting the following:
"made that the information sought is relevant to an authorized investigation to
protect against international terrorism or clandestine intelligence activities,
provided that such an investigation of a United States person is not conducted
solely upon the basis of activities protected by the first amendment to the
Constitution of the United States.".
<< 12 USCA ~ 3414 >>
(b) FINANCIAL RECORDS.--Section 1114 (a) (5) (A) of the Right to Financial Privacy Act
of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended--
(1) by inserting "in a position not lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge in a Bureau field office designated by the
Director" after "designee"; and
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(2) by striking "sought" and all that follows and inserting "sought for foreign
counter intelligence purposes to protect against international terrorism or
clandestine intelligence activities, provided that such an investigation of a United
States *366 person is not conducted solely upon the basis of activities protected by
the first amendment to the Constitution of the United States.".
(c) CONSUMER REPORTS.--Section 624 of the Fair Credit Reporting Act (15 U. S.C.
1681u) is amended--
<< 15 USCA ~ 1681u >>
(1) in subsection (a)--
(A) by inserting "in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge of a Bureau field office designated
by the Director" after "designee" the first place it appears; and
(B) by striking "in writing that" and all that follows through the end and
inserting the following: "in writing, that such information is sought for the
conduct of an authorized investigation to protect against international terrorism or
clandestine intelligence activities, provided that such an investigation of a United
States person is not conducted solely upon the basis of activities protected by the
first amendment to the Constitution of the United States.";
<< 15 USCA ~ 1681u >>
(2) in subsection (b)--
(A) by inserting "in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge of a Bureau field office designated
by the Director" after "designee" the first place it appears; and
(B) by striking "in writing that" and all that follows through the end and
inserting the following: "in writing that such information is sought for the
conduct of an authorized investigation to protect against international terrorism or
clandestine intelligence activities, provided that such an investigation of a United
States person is not conducted solely upon the basis of activities protected by the
first amendment to the Constitution of the United States."; and
<< 15 USCA ~ 1681u >>
(3) in subsection (c)--
(A) by inserting "in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge in a Bureau field office designated
by the Director" after "designee of the Director"; and
(B) by striking "in camera that" and all that follows through "States. " and
inserting the following: "in camera that the consumer report is sought for the
conduct of an authorized investigation to protect against international terrorism or
clandestine intelligence activities, provided that such an investigation of a United
States person is not conducted solely upon the basis of activities protected by the
first amendment to the Constitution of the United States.".
SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.
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<< 18 USCA ~ 1030 >>
(a) Concurrent Jurisdiction Under 18 U.S.C. 1030--Section 1030(d) of title 18,
United States Code, is amended to read as follows:
" (d) (1) The United States Secret Service shall, in addition to any other agency
having such authority, have the authority to investigate offenses under this
section.
*367 "(2) The Federal Bureau of Investigation shall have primary authority to
investigate offenses under subsection (a) (1) for any cases involving espionage,
foreign counterintelligence, information protected against unauthorized disclosure
for reasons of national defense or foreign relations, or Restricted Data (as that
term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)),
except for offenses affecting the duties of the United States Secret Service
pursuant to section 3056(a) of this title.
"(3) Such authority shall be exercised in accordance with an agreement which shall
be entered into by the Secretary of the Treasury and the Attorney General.".
<< 18 USCA ~ 3056 >>
(b) Reauthorization of Jurisdiction under 18 U.S.C. l344--Section 3056(b) (3) of
title 18, United States Code, is amended by striking "credit and debit card frauds,
and false identification documents or devices" and inserting "access device frauds,
false identification documents or devices, and any fraud or other criminal or
unlawful activity in or against any federally insured financial institution".
SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.
<< 20 USCA ~ 1232g >>
Section 444 of the General Education Provisions Act (20 U.S.C. l232g), is amended
by adding after subsection (i) a new subsection (j) to read as follows:
"(j) INVESTIGATION AND PROSECUTION OF TERRORISM.--
"(1) IN GENERAL.--Notwithstanding subsections (a) through (i) or any provision of
State law, the Attorney General (or any Federal officer or employee, in a position
not lower than an Assistant Attorney General, designated by the Attorney General)
may submit a written application to a court of competent jurisdiction for an ex
parte order requiring an educational agency or institution to permit the Attorney
General (or his designee) to--
"(A) collect education records in the possession of the educational agency or
institution that are relevant to an authorized investigation or prosecution of an
offense listed in section 2332b (g) (5) (B) of title 18 United States Code, or an act
of domestic or international terrorism as defined in section 2331 of that title;
and
"(B) for official purposes related to the investigation or prosecution of an
offense described in paragraph (1) (A), retain, disseminate, and use (including as
evidence at trial or in other administrative or judicial proceedings) such records,
consistent with such guidelines as the Attorney General, after consultation with the
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Secretary, shall issue to protect confidentiality.
"(2) APPLICATION AND APPROVAL.--
"(A) IN GENERAL.--An application under paragraph (1) shall certify that there are
specific and articulable facts giving reason to believe that the education records
are likely to contain information described in paragraph (1) (A) .
"(B) The court shall issue an order described in paragraph (1) if the court finds
that the application for the order includes the certification described in
subparagraph (A) .
"(3) PROTECTION OF EDUCATIONAL AGENCY OR INSTITUTION.--An educational agency or
institution that, in good faith, produces education records in accordance with an
order issued *368 under this subsection shall not be liable to any person for that
production.
"( 4) RECORD-KEEPING. --Subsection (b) (4) does not apply to education records
subject to a court order under this subsection.".
SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.
<< 20 USCA ~ 9007 >>
Section 408 of the National Education Statistics Act of 1994 (20 U.S.C. 9007), is
amended by adding after subsection (b) a new subsection (c) to read as follows:
"(c) INVESTIGATION AND PROSECUTION OF TERRORISM.--
"(1) IN GENERAL.--Notwithstanding subsections (a) and (b), the Attorney General
(or any Federal officer or employee, "in a position not lower than an Assistant
Attorney General,' designated by the Attorney General) may submit a written
application to a court.of competent jurisdiction for an ex parte order requiring the
Secretary to permit the Attorney General (or his designee) to--
"(A) collect reports, records, and information (including individually
identifiable information) in the possession of the center that are relevant to an
authorized investigation or prosecution of an offense listed in section
2332b (g) (5) (B) of title 18, United States Code, or an act of domestic or
international terrorism as -defined in section 2331 of that title; and
"(B) for official purposes related to the investigation or prosecution of an
offense described in paragraph (1) (A), retain, disseminate, and use (including as
evidence at trial or in other administrative or judicial proceedings) such
information, consistent with such guidelines as the Attorney General, after
consultation with the Secretary, shall issue to protect confidentiality.
"(2) APPLICATION AND APPROVAL.--
"(A) IN GENERAL.--An application under paragraph (1) shall certify that there are
specific and articulable facts giving reason to believe that the information sought
is described in paragraph (1) (A) .
"(B) The court shall issue an order described in paragraph (1) if the court finds
that the application for the order includes the certification described in
subparagraph (A).
"(3) PROTECTION.--An officer or employee of the Department who, in good faith,
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produces information in accordance with an order issued under this subsection does
not violate subsection (b) (2) and shall not be liable to any person for that
production.".
*369 TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM,
PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES
Subtitle A--Aid to Families of
Public Safety Officers
<< 42 USCA ~ 3796c-1 >>
SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFICERS INVOLVED IN THE PREVENTION,
INVESTIGATION, RESCUE, OR RECOVERY EFFORTS RELATED TO A TERRORIST ATTACK.
(a) IN GENERAL.--Notwithstanding the limitations of subsection (b) of section 1201
or the provisions of subsections (c), (d), and (e) of such section or section 1202
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796, 3796a), upon certification (containing identification of all eligible payees
of benefits pursuant to section 1201 of such Act) by a public agency that a public
safety officer employed by such agency was killed or suffered a catastrophic injury
producing permanent and total disability as a direct and proximate result of a
personal injury sustained in the line of duty as described in section 1201 of such
Act in connection with prevention, investigation, rescue, or recovery efforts
related to a terrorist attack, the Director of the Bureau of Justice Assistance
shall authorize payment to qualified beneficiaries, said payment to be made not
later than 30 days after receipt of such certification, benefits described under
subpart 1 of part L of such Act (42 U.S.C. 3796 et seq.).
(b) DEFINITIONS.--For purposes of this section, the terms "catastrophic injury",
"public agency", and "public safety officer" have the same meanings given such terms
in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U. S . C. 379 6b) .
SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED PAYMENTS FOR HEROIC PUBLIC
SAFETY OFFICERS.
Section 1 of Public Law 107-37 (an Act to provide for the expedited payment of
certain benefits for a public safety officer who was killed or suffered a
catastrophic injury as a direct and proximate result of a personal injury sustained
in the line of duty in connection with the terrorist attacks of September 11, 2001)
is amended by--
(1) inserting before "by a" the following: II (containing identification of all
eligible payees of benefits pursuant to section 1201)";
(2) inserting "producing permanent and total disability" after "suffered a
catastrophic injury"; and
(3) striking "1201(a)" and inserting "1201".
SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT INCREASE.
<< 42 USCA ~ 3796 >>
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(a) PAYMENTS.--Section 1201(a) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796) is amended by striking "$100,000" and inserting "$250,000".
<< 42 USCA ~ 3796 NOTE >>
*370 (b) APPLICABILITY.--The amendment made by subsection (a) shall apply to any
death or disability occurring on or after January 1, 2001.
SEC. 614. OFFICE OF JUSTICE PROGRAMS.
Section 112 of title I of section lOl(b) of division A of Public Law 105-277 and
section 108(a) of appendix A of Public Law 106-113 (113 Stat. 1501A-20) are
amended--
(1) after "that Office", each place it occurs, by inserting "(including,
notwithstanding any contrary provision of law (unless the same should expressly
refer to this section), any organization that administers any program established in
ti tle 1 of Public Law 90-351)"; and
(2) by inserting "functions, including any" after "all".
Subtitle B--Amendments to the Victims of Crime Act of 1984
SEC. 621. CRIME VICTIMS FUND.
(a) DEPOSIT OF GIFTS IN THE FUND.--Section 1402(b) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(b)) is amended--
<< 42 USCA ~ 10601 >>
(1) in paragraph (3), by striking "and" at the end;
<< 42 USCA ~ 10601 >>
(2) in paragraph (4), by striking the period at the end and inserting
and
tI .'
,
and";
<< 42 USCA ~ 10601 >>
(3) by adding at the end the following:
"(5) any gifts, bequests, or donations to the Fund from private entities or
individuals.".
<< 42 USCA ~ 10601 >>
(b) FORMULA FOR FUND DISTRIBUTIONS.--Section 1402(c) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(c)) is amended to read as follows:
"(c) FUND DISTRIBUTION; RETENTION OF SUMS IN FUND; AVAILABILITY FOR EXPENDITURE
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WITHOUT FISCAL YEAR LIMITATION.--
"(1) Subject to the availability of money in the Fund, in each fiscal year,
beginning with fiscal year 2003, the Director shall distribute not less than 90
percent nor more than 110 percent of the amount distributed from the Fund in the
previous fiscal year, except the Director may distribute up to 120 percent of the
amount distributed in the previous fiscal year in any fiscal year that the total
amount available in the Fund is more than 2 times the amount distributed in the
previous fiscal year.
"(2) In each fiscal year, the Director shall distribute amounts from the Fund in
accordance with subsection (d). All sums not distributed during a fiscal year
shall remain in reserve in the Fund to be distributed during a subsequent fiscal
year. Notwithstanding any other provision of law, all sums deposited in the Fund
that are not distributed shall remain in reserve in the Fund for obligation in
future fiscal years, without fiscal year limitation.".
(c) ALLOCATION OF FUNDS FOR COSTS AND GRANTS.--Section 1402(d) (4) of the Victims of
Crime Act of 1984 (42 U. S. C. 10601 (d) (4)) is amended--
<< 42 USCA ~ 10601 >>
(1) by striking "deposited in" and inserting "to be distributed from";
<< 42 USCA ~ 10601 >>
(2) in subparagraph (A), by striking "48.5" and inserting "47.5";
<< 42 USCA ~ 10601 >>
*371 (3) in subparagraph (B), by striking "48.5" and inserting "47.5"; and
<< 42 USCA ~ 10601 >>
(4) in subparagraph (C), by striking "3" and inserting "5".
<< 42 USCA ~ 10601 >>
(d) ANTITERRORISM EMERGENCY RESERVE.--Section 1402(d) (5) of the Victims of Crime
Act of 1984 (42 U. S. C. 10601 (d) (5)) is amended to read as follows:
"(5)(A) In addition to the amounts distributed under paragraphs (2), (3), and (4),
the Director may set aside up to $50,000,000 from the amounts transferred to the
Fund in response to the airplane hijackings and terrorist acts that occurred on
September 11, 2001, as an antiterrorism emergency reserve. The Director may
replenish any amounts expended from such reserve in subsequent fiscal years by
setting aside up to 5 percent of the amounts remaining in the Fund in any fiscal
year after distributing amounts under paragraphs (2), (3) and (4). Such reserve
shall not exceed $50,000,000.
"(B) The antiterrorism emergency reserve referred to in subparagraph (A) may be
used for supplemental grants under section 1404B and to provide compensation to
victims of international terrorism under section 1404C.
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"(C) Amounts in the antiterrorism emergency reserve established pursuant to
subparagraph (A) may be carried over from fiscal year to fiscal year.
Notwithstanding subsection (c) and section 619 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001
(and any similar limitation on Fund obligations in any future Act, unless the same
should expressly refer to this section), any such amounts carried over shall not be
subject to any limitation on obligations from amounts deposited to or available in
the Fund. ".
<< 42 USCA ~ 10601 NOTE >>
(e) VICTIMS OF SEPTEMBER 11, 2001.--Amounts transferred to the Crime Victims Fund
for use in responding to the airplane hijackings and terrorist acts (including any
related search, rescue, relief, assistance, or other similar activities) that
occurred on September 11, 2001, shall not be subject to any limitation on
obligations from amounts deposited to or available in the Fund, notwithstaoding--
(1) section 619 of 'the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2001, and any similar limitation on Fund
obligations in such Act for Fiscal Year 2002; and
(2) subsections (c) and (d) of section.1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601).
SEC. 622. CRIME VICTIM COMPENSATION.
<< 42 USCA ~ 10602 >>
(a) ALLOCATION OF FUNDS FOR COMPENSATION AND ASSISTANCE.--Paragraphs (1) and (2)
of section 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) are
amended by inserting "in fiscal year 2002 and of 60 percent in subsequent fiscal
years" after "40 percent".
<< 42 USCA ~ 10602 >>
(b) LOCATION OF COMPENSABLE CRIME. --Section 1403 (b) (6) (B) of the Victims of Crime
Act of 1984 (42 U.S.C. 10602 (b) (6) (B)) is amended by striking "are outside the
United States (if the compensable crime is terrorism, as defined in section 2331 of
title 18), or".
<< 42 USCA ~ 10602 >>
(c) RELATIONSHIP OF CRIME VICTIM COMPENSATION TO MEANS-TESTED FEDERAL BENEFIT
PROGRAMS.--Section 1403 of the Victims *372 of Crime Act of 1984 (42 U.S.C. 10602)
is amended by striking subsection (c) and inserting the following:
"(c) EXCLUSION FROM INCOME, RESOURCES, AND ASSETS FOR PURPOSES OF MEANS
TESTS.--Notwithstanding any other law (other than title IV of Public Law 107- 42),
for the purpose of any maximum allowed income, resource, or asset eligibility
requirement in any Federal, State, or local government program using Federal funds
that provides medical or other assistance (or payment or reimbursement of the cost
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of such assistance), any amount of crime victim compensation that the applicant
receives through a crime victim compensation program under this section shall not be
included in the income, resources, or assets of the applicant, nor shall that amount
reduce the amount of the assistance available to the applicant from Federal, State,
or local government programs using Federal funds, unless the total amount of
assistance that the applicant receives from all such programs is sufficient to fully
compensate the applicant for losses suffered as a result of the crime.".
(d) DEFINITIONS OF "COMPENSABLE CRIME" AND "STATE".--Section 1403(d) of the Victims
of Crime Act of 1984 (42 U.S.C. 10602(d)) is amended--
<< 42 USCA ~ 10602 >>
(1) in paragraph (3), by striking "crimes involving terrorism,"; and
<< 42 USCA ~ 10602 >>
(2) in paragraph (4), by inserting "the United States Virgin Islands," after "the
Commonwealth of Puerto Rico,".
(e) RELATIONSHIP OF ELIGIBLE CRIME VICTIM COMPENSATION PROGRAMS TO THE SEPTEMBER
11TH VICTIM COMPENSATION FUND.--
<< 42 USCA ~ 10602 >>
(1) IN GENERAL.--Section 1403(e) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(e)) is amended by inserting "including the program established under title IV
of Public Law 107-42," after "Federal program,".
<< 49 USCA ~ 40101 NOTE >>
(2) COMPENSATION.--With respect to any compensation payable under title IV of
Public Law 107-42, the failure of a crime victim compensation program, after the
effective date of final regulations issued pursuant to section 407 of Public Law
107-42, to provide compensation otherwise required pursuant to section 1403 of the
Victims o~ Crime Act of 1984 (42 U.S.C. 10602) shall not rendeI that program
ineligible for future grants under the Victims of Crime Act of 1984.
SEC. 623. CRIME VICTIM ASSISTANCE.
<< 42 USCA ~ 10603 >>
(a) ASSISTANCE FOR VICTIMS IN THE DISTRICT OF COLUMBIA, PUERTO RICO, AND OTHER
TERRITORIES AND POSSESSIONS.--Section 1404(a) of the Victims of Crime Act of 1984
(42 U.S.C. 10603(a)) is amended by adding at the end the following:
"(6) An agency of the Federal Government performing local law enforcement
functions in and on behalf of the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, or any other territory or possession of the
United States may qualify as an eligible crime victim assistance program for the
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purpose of grants under this subsection, or for the purpose of grants under
subsection (c) (1).".
(b) PROHIBITION ON DISCRIMINATION AGAINST CERTAIN VICTIMS.--Section 1404(b) (1) of
the Victims of Crime Act of 19B4 (42 U.S.C. 10603(b) (1)) is amended--
<< 42 USCA ~ 10603 >>
(1) in subparagraph (D), by striking "and" at the end;
<< 42 USCA ~ 10603 >>
*373 (2) in subparagraph (E), by striking the period at the end and inserting ";
and"; and
<< 42 USCA ~ 10603 >>
(3) by adding at the end the following:
"(F) does not discriminate against victims because they disagree with the way the
State is prosecuting the criminal case.".
<< 42 USCA ~ 10603 >>
(c) GRANTS FOR PROGRAM EVALUATION AND COMPLIANCE EFFORTS.--Section 1404(c) (1) (A) of
the Victims of Crime Act of 1984 (42 U.S.C. 10603(c) (1) (A)) is amended by inserting
", program evaluation, compliance efforts," after "demonstration projects".
(d) ALLOCATION OF DISCRETIONARY GRANTS.--Section 1404(c) (2) of the Victims of Crime
Act of 1984 (42 U.S.C. 10603(c) (2)) is amended--
<< 42 USCA ~ 10603 >>
(1) in subparagraph (A), by striking "not more than" and inserting "not less
than" ; and
<< 42 USCA ~ 10603 >>
(2) in subparagraph (B), by striking "not less than" and inserting "not more
than" .
(e) FELLOWSHIPS AND CLINICAL INTERNSHIPS.--Section 1404(c) (3) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(c) (3)) is amended--
<< 42 USCA ~ 10603 >>
(1) in subparagraph (C), by striking "and" at the end;
<< 42 USCA ~ 10603 >>
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(2) in subparagraph (D), by striking the period at the end and inserting
and"; and
" .
,
<< 42 USCA S 10603 >>
(3) by adding at the end the following:
"(E) use funds made available to the Director under this subsection--
"(i) for fellowships and clinical internships; and
"(ii) to carry out programs of training and special workshops for the
presentation and dissemination of information resulting from demonstrations,
surveys, and special projects.".
SEC. 624. VICTIMS OF TERRORISM.
<< 42 USCA ~ 10603b >>
(a) COMPENSATION AND ASSISTANCE TO VICTIMS OF DOMESTIC TERRORISM.--Section 1404B(b)
of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended to read as
follows:
"(b) VICTIMS OF TERRORISM WITHIN THE UNITED STATES.--The Director may make
supplemental grants as provided in section 1402(d) (5) to States for eligible crime
victim compensation and assistance programs, and to victim service organizations,
public agencies (including Federal, State, or local governments) and nongovernmental
organizations that provide assistance to victims of crime, which shall be used to
provide emergency relief, including crisis response efforts, assistance,
compensation, training and technical assistance, and ongoing assistance, including
during any investigation or prosecution, to victims of terrorist acts or mass
violence occurring within the United States.".
<< 42 USCA ~ 10603b >>
(b) ASSISTANCE TO VICTIMS OF INTERNATIONAL TERRORISM.--Section 1404B(a) (1) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603b(a) (1)) is amended by striking "who
are not persons eligible for compensation under title VIII of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986".
<< 42 USCA ~ 10603c >>
(c) COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.--Section 1404C(b) of the
Victims of Crime of 1984 (42 U.S.C. 10603c(b)) is amended by adding at the end the
following: "The amount of compensation awarded to a victim under this subsection
*374 shall be reduced by any amount that the victim received in connection with the
same act of international terrorism under title VIII of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986....
TITLE VII--INCREASED INFORMATION SHARING FOR
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CRITICAL INFRASTRUCTURE PROTECTION
SEC. 701. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM TO FACILITATE
FEDERAL-STATE-LOCAL LAW ENFORCEMENT RESPONSE RELATED TO TERRORIST ATTACKS.
Section 1301 of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796h) is amended--
<< 42 USCA ~ 3796h >>
(1) in subsection (a), by inserting "and terrorist conspiracies and activities"
after "activities";
(2) in subsection (b)--
<< 42 USCA ~ 3796h >>
(A) in paragraph (3), by striking "and" after the semicolon;
<< 42 USCA ~ 3796h >>
(B) by redesignating paragraph (4) as paragraph (5); and
<< 42 USCA ~ 3796h >>
(C) by inserting after paragraph (3) the following:
"(4) establishing and operating secure information sharing systems to enhance the
investigation and prosecution abilities of participating enforcement agencies in
addressing multi-jurisdictional terrorist conspiracies and activities; and (5) ';
and
<< 42 USCA ~ 3796h >>
(3) by inserting at the end the following:
"(d) AUTHORIZATION OF APPROPRIATION TO THE BUREAU OF JUSTICE ASSISTANCE. -- There
are authorized to be appropriated to the Bureau of Justice Assistance to carry out
this section $50,000,000 for fiscal year 2002 and $100,000,000 for fiscal year
2003.".
TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST MASS TRANSPORTATION
SYSTEMS.
<< 18 USCA ~ 1993 >>
Chapter 97 of title 18, United States Code, is amended by adding at the end the
following:
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"~ 1993. Terrorist attacks and other acts of violence against mass transportation
systems
"(a) GENERAL PROHIBITIONS.--Whoever willfully--
"(1) wrecks, derails, sets fire to, or disables a mass transportation vehicle or
ferry;
"(2) places or causes to be placed any biological agent or toxin for use as a
weapon, destructive substance, or destructive device in, upon, or near a mass
transportation vehicle or ferry, without previously obtaining the permission of the
mass transportation provider, and with intent to endanger the safety of any
passenger or employee of the mass transportation provider, or with a reckless
disregard for the safety of human life;
"(3) sets fire to, or places any biological agent or toxin for use as a weapon,
destructive substance, or destructive device *375 in, upon, or near any garage,
terminal, structure, supply, or facility used in the operation of, or in support of
the operation of, a mass transportation vehicle or ferry, without previously
obtaining the permission of the mass transportation provider, and knowing or having
reason to know such activity would likely derail, disable, or wreck a mass
transportation vehicle or ferry used, operated, or employed by the mass
transportation provider;
"(4) removes appurtenances from, damages, or otherwise impairs the operation of a
mass transportation signal system, including a train control system, centralized
dispatching system, or rail grade crossing warning signal without authorization from
the mass transportation provider;
"(5) interferes with, disables, or incapacitates any dispatcher, driver, captain,
or person while they are employed in dispatching, operating, or maintaining a mass
transportation vehicle or ferry, with intent to endanger the safety of any passenger
or employee of the mass transportation provider, or with a reckless disregard for
the safety of human life;
"(6) commits an act, including the use of a dangerous weapon, with the intent to
cause death or serious bodily injury to an employee or passenger of a mass
transportation provider or any other person while any of the foregoing are on the
property of a mass transportation provider;
"(7) conveys or causes to be conveyed false information, knowing the information
to be false, concerning an attempt or alleged attempt being made or to be made, to
do any act which would be -a crime prohibited by this subsection; or
"(8) attempts, threatens, or conspires to do any of the aforesaid acts,
shall be fined under this title or imprisoned not more than twenty years, or both,
if such act is committed, or in the case of a threat or conspiracy such act would be
committed, on, against, or affecting a mass transportation provider engaged in or
affecting interstate or foreign commerce, or if in the course of committing such
act, that person travels or communicates across a State line in order to commit such
act, or transports materials across a State line in aid of the commission of such
act.
"(b) AGGRAVATED OFFENSE.--Whoever commits an offense under subsection (a) in a
circumstance in which--
"(1) the mass transportation vehicle or ferry was carrying a passenger at the time
of the offense; or
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"(2) the offense has resulted in the death of any person, shall be guilty of an
aggravated form of the offense and shall be fined under this title or imprisoned for
a term of years or for life, or both.
"(c) DEFINITIONS.--In this section--
"(1) the term 'biological agent' has the meaning given to that term in section
178(1) of this title;
"(2) the term 'dangerous weapon' has the meaning given to that term in section 930
of this title;
"(3) the term 'destructive device' has the meaning given to that term in section
921(a) (4) of this title;
"(4) the term 'destructive substance' has the meaning given to that term in
section 31 of this title;
"(5) the term 'mass transportation' has the meaning given to that term in section
5302(a) (7) of title 49, United States *376 Code, except that the term shall include
schoolbus, charter, and sightseeing transportation;
"(6) the term 'serious bodily injury' has the meaning given to that term in
section 1365 of this title;
"(7) the term 'state' has the meaning given to that term in section 2266 of this
title; and
"(8) the term 'toxin' has the meaning given to that term in section 178(2) of this
title.".
<< 18 USCA prec. ~ 1991 >>
(f) CONFORMING AMENDMENT.--The analysis of chapter 97 of title 18, United States
Code, is amended by adding at the end:
"1993. Terrorist attacks and other acts of violence against mass transportation
systems.".
SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
(a) DOMESTIC TERRORISM DEFINED.--Section 2331 of title 18, United States Code, is
amended--
<< 18 USCA ~ 2331 >>
(1) in paragraph (1) (B) (iii), by striking "by assassination or kidnapping" and
inserting "by mass destruction, assassination, or kidnapping";
<< 18 USCA ~ 2331 >>
(2) in paragraph (3), by striking "and";
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<< 18 USCA ~ 2331 >>
(3) in paragraph (4), by striking the period at the end and inserting
and
" .
,
and" ;
<< 18 USCA ~ 2331 >>
(4) by adding at the end the following:
"(5) the term 'domestic terrorism' means activities that--
"(A) involve acts dangerous to human life that are a violation of the criminal
laws of the United States or of any State;
"(B) appear to be intended--
"(i) to intimidate or coerce a civilian population;
"(ii) to influence the policy of a government by intimidation or coercion; or
"(iii) to affect the conduct of a government by mass destruction, assassination,
or kidnapping; and
"(C) occur primarily within the territorial jurisdiction of the United States.".
<< 18 USCA ~ 3077 >>
(b) CONFORMING AMENDMENT.--Section 3077(1) of title 18, United States Code, is
'amended to read as follows:
"(1) 'act of terrorism' means an act of domestic or international terrorism as
defined in section 2331;".
SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.
<< 18 USCA ~ 2339 >>
(a) IN GENERAL.--Chapter 113B of title 18, United States Code, is amended by adding
after section 2338 the following new section:
"~ 2339. Harboring or concealing terrorists
"(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds
to believe, has committed, or is about to commit, an offense under section 32
(relating to destruction of aircraft or aircraft facilities), section 175 (relating
to biological weapons), section 229 (relating to chemical weapons), section 831
(relating to nuclear materials), paragraph (2) or (3) of section 844(f) (relating to
arson and bombing of government property risking or causing injury or death),
section 1366(a) (relating to the destruction of an energy facility), section 2280
(relating to violence against maritime navigation), section 2332a (relating to
weapons of mass destruction), or section 2332b (relating to acts of terrorism
transcending national boundaries) of this title, section 236(a) (relating to
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sabotage of nuclear facilities or fuel) of the Atomic Energy Act *377 of 1954(42
U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall
be fined under this title or imprisoned not more than ten years, or both.".
"(b) A violation of this section may be prosecuted in any Federal judicial district
in which the underlying offense was committed, or in any other Federal judicial
district as provided by law.".
<< 18 USCA prec. ~ 2331 >>
(b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 113B of title 18, United
States Code, is amended by inserting after the item for section 2338 the following:
"2339. Harboring or concealing terrorists.".
SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD.
<< 18 USCA ~ 7 >>
Section 7 of title 18, United States Code, is amended by adding at the end the
following:
"(9) With respect to offenses committed by or against a national of the United
States as that term is used in section 101 of the Immigration and Nationality Act--
"(A) the premises of United States diplomatic, consular, military or other United
States Government missions or entities in foreign States, including the buildings,
parts of buildings, and land appurtenant or ancillary thereto or used for purposes
of those missions or entities, irrespective of ownership; and
"(B) residences in foreign States and the land appurtenant or ancillary thereto,
irrespective of ownership, used for purposes of those missions or entities or used
by United States personnel assigned to those missions or entities.
Nothing in this paragraph shall be deemed to supersede any treaty or international
agreement with which this paragraph conflicts. This paragraph does not apply with
respect to an offense committed by a person described in section 3261(a) of this
title.".
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
(a) IN GENERAL.--Section 2339A of title 18, United States Code, is amended--
<< 18 USCA ~ 2339A >>
(1) in subsection (a)--
(A) by striking ", within the United States,";
(B) by inserting "229," after "175,";
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(C) by inserting "1993," after "1992,";
(D) by inserting ", section 236 of the Atomic Energy Act of 1954 (42 U.S.C.
2284)," after "of this title";
(E) by inserting "or 60123(b)" after "46502"; and
(F) by inserting at the end the following: "A violation of this section may be
prosecuted in any Federal judicial district in which the underlying offense was
committed, or in any other Federal judicial district as provided by law."; and
<< 18 USCA ~ 2339A >>
(2) in subsection (b)--
(A) by striking "or other financial securities" and inserting "or monetary
instruments or financial securities"; and
(B) by inserting "expert advice o.r assistance," after "training,".
<< 18 USCA ~ 1956 >>
*378 (b) TECHNICAL AMENDMENT.--Section 1956(c) (7) (D) of title 18, United States
Code, is amended by inserting "or 2339B" after "2339A".
SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.
<< 18 USCA ~ 981 >>
Section 981(a) (1) of title 18, United States Code, is amended by inserting at the
end the following:
"(G) All assets, foreign o.r domestic--
"(i) of any individual, entity, or organization engaged in planning or
perpetrating any act of domestic or international terrorism (as defined in section
2331) against the United States, citizens .or residents of the United States, or
their property, and all assets, foreign or domestic, affording any person a
source of influence over any such entity or organization;
fIlii) acquired or maintained by any person with the intent and for the purpose
of supporting, planning, conducting, or concealing an act of domestic or
international terrorism (as defined in section 2331) against the United States,
citizens or residents of the United States, or their property; or
"(iii) derived from, involved in, or used or intended to be used to commit any
act of domestic or international terrorism (as defined in section 2331) against the
United States, citizens or residents of the United States, or their property.".
<< 22 USCA ~ 7211 >>
SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL SUPPORT TO
TERRORISM.
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No provision of the Trade Sanctions Reform and Export Enhancement Act of 2000
(title IX of Public Law 106-387) shall be construed to limit or otherwise affect
section 2339A or 2339B of title 18, United States Code.
SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.
Section 2332b of title 18, United States Code, is amended--
<< 18 USCA ~ 2332b >>
(1) in subsection (f), by inserting "and any violation of section 351(e), 844(e),
844(f) (1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of this title,"
before "and the Secretary"; and
<< 18 USCA ~ 2332b >>
(2) in subsection (g) (5) (B), by striking clauses (i) through (iii) and inserting
the following:
"(i) section 32 (relating to destruction of aircraft or aircraft facilities), 37
(relating to violence at international airports), 81 (relating to arson within
special maritime and territorial jurisdiction), 175 or l75b (relating to biological
weapons), 229 (relating to chemical weapons), subsection (a), (b), (c), or (d) of
section 351 (relating to congressional, cabinet, and Supreme Court assassination and
kidnaping), 831 (relating to nuclear materials), 842(m) or (n) (relating to
plastic explosives), 844 (f) (2) or (3) (relating to arson and bombing of Government
property risking or causing death), 844(i) (relating to arson and bombing of
property used in interstate commerce), 930(c) (relating to killing or attempted
killing during an attack on a Federal facility with a dangerous weapon), 956(a) (1)
(relating to conspiracy to murder, kidnap, or maim *379 persons abroad), 1030(a) (1)
(relating to protection of computers), 1030 (a) (5) (A) (i) resulting in damage as
defined in 1030 (a) (5) (B) (ii) through (v) (relating to protection of computers), 1114
(relating to killing or attempted killing of officers and employees of the United
States), 1116 (relating to murder or manslaughter of foreign officials, official
guests, or internationally protected persons), 1203 (relating to hostage taking),
1362 (rerating to destruction of communication lines, stations; or systems), 1363
(relating to injury to buildings or property within special maritime and territorial
jurisdiction of the United States), 1366(a) (relating to destruction of an energy
facility), 1751 (a), (b), (c), or (d) (relating to Presidential and Presidential
staff assassination and kidnaping), 1992 (relating to wrecking trains), 1993
(relating to terrorist attacks and other acts of violence against mass
transportation systems), 2155 (relating to destruction of national defense
materials, premises, or utilities), 2280 (relating to violence against maritime
navigation), 2281 (relating to violence against maritime fixed platforms), 2332
(relating to certain homicides and other violence against United States nationals
occurring outside of the United States), 2332a (relating to use of weapons of mass
destruction), 2332b (relating to acts of terrorism transcending national
boundaries), 2339 (relating to harboring terrorists), 2339A (relating to providing
material support to terrorists), 2339B (relating to providing material support to
terrorist organizations), or 2340A (relating to torture) of this title;
"(ii) section 236 (relating to sabotage of nuclear facilities or fuel) of the
Atomic Energy Act of 1954 (42 U.S.C. 2284); or
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"(iii) section 46502 (relating to aircraft piracy), the second sentence of
section 46504 (relating to assault on a flight crew with a dangerous weapon),
section 46505 (b) (3) or (c) (relating to explosive or incendiary devices, or
endangerment of human life by means of weapons, on aircraft), section 46506 if
homicide or attempted homicide is involved (relating to application of certain
criminal laws to acts on aircraft), or section 60123(b) (relating to destruction of
interstate gas or hazardous liquid pipeline facility) of title 49.".
SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES.
<< 18 USCA ~ 3286 >>
(a) IN GENERAL.--Section 3286 of title 18, United States Code, is amended to read
as folLows:
"~ 3286. Extension of statute of limitation for certain terrorism offenses
"(a) EIGHT-YEAR LIMITATION.--Notwithstanding section 3282, no person shall be
prosecuted, tried, or punished for any noncapital offense involving a violation of
any provision listed in section 2332b (g) (5) (8), or a violation of section 112,
351(e), 1361, or 1751(e) of this title, or section 46504, 46505, or 46506 of title
49, unless *380 the indictment is found or the information is instituted within 8
years after the offense was committed. Notwithstanding the preceding sentence,
offenses listed in section 3295 are subject to the statute of limitations set forth
in that section.
"(b) NO LIMITATION.--Notwithstanding any other law, an indictment may be found or
an information instituted at any time without limitation for any offense listed in
section 2332b (g) (5) (B), if the commission of such offense resulted in, or created a
forseeable risk of, death or serious bodily injury to another person.".
<< 18 USCA ~ 3286 NOTE >>
(b) APPLICATION.--The amendments made by this section shall apply to the
prosecution of any offense committed before, on, or after the date of the enactment
of this section.
SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.
<< 18 USCA ~ 81 >>
(a) ARSON.--Section 81 of title 18, United States Code, is amended in the second
undesignated paragraph by striking "not more than twenty years" and inserting "for
any term of years or for life".
(b) DESTRUCTION OF AN ENERGY FACILITY.--Section 1366 of title 18, United States
Code, is amended--
<< 18 USCA ~ 1366 >>
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(1) in subsection (a), by striking "ten" and inserting "20"; and
<< 18 USCA ~ 1366 >>
(2) by adding at the end the following:
"(d) Whoever is convicted of a violation of subsection (a) or (b) that has resulted
in the death of any person shall be subject to imprisonment for any term of years or
life.".
<< 18 USCA ~ 2339A >>
(c) MATERIAL SUPPORT TO TERRORISTS.--Section 2339A(a) of title 18, United States
Code, is amended--
(1) by striking "10" and inserting "15"; and
(2) by striking the period and inserting ", and, if the death of any person
results, shall be imprisoned for any term of years or for life.".
<< 18 USCA ~ 2339B >>
(d) MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST ORGANIZATIONS.--Section
2339B(a) (1) of title 18, United States Code, is amended--
(1) by striking "10" and inserting "15"; and
(2) by striking the period after "or both" and inserting ", and, if the death of
any person results, shall be imprisoned for any term of years or for life.".
<< 18 USCA ~ 2155 >>
(e) DESTRUCTION OF NATIONAL-DEFENSE MATERIALS.--Section 2155(a) of title 18, United
States Code, is amended--
(1) by striking "ten" and inserting "20"; and
(2) by striking the period at the end and inserting" and, if death results to
any person, shall be imprisoned for any term of years or for life.".
(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.--Section 236 of the Atomic Energy Act
of 1954 (42 U.S.C. 2284), is amended--
<< 42 USCA ~ 2284 >>
(1) by striking "ten" each place it appears and inserting "20";
<< 42 USCA ~ 2284 >>
(2) in subsection (a), by striking the period at the end and inserting
and, if
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death results to any person, shall be imprisoned for any term of years or for
life."; and
<< 42 USCA ~ 2284 >>
(3) in subsection (b), by striking the period at the end and inserting " and, if
death results to any person, shall be imprisoned for any term of years or for
life." .
<< 49 USCA ~ 46505 >>
*381 (g) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.--Section 46505(c) of
title 49, United States Code, is amended--
(1) by striking "IS" and inserting "20"; and
(2) by striking the period at the end and inserting" and, if death results to
any person, shall be imprisoned for any term of years or for life.".
<< 49 USCA ~ 60123 >>
(h) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS LIQUID PIPELINE
FACILITY.--Section 60123(b) of title 49, United States Code, is amended--
(1) by striking "15" and inserting "20"; and
(2) by striking the period at the end and inserting" and, if death results to
any person, shall be imprisoned for any term of years or for life.".
SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.
<< 18 USCA ~ 81 >>
(a) ARSON.--Section 81 of title 18, United States Code, is amended in the first
undesignated paragraph--
(1) by striking ", or attempts to set fire to or burn"; and
(2) by inserting "or attempts or conspires to do such an act," before "shall be
imprisoned" .
<< 18 USCA ~ 930 >>
(b) KILLINGS IN FEDERAL FACILITIES.--Section 930(c) of title 18, United States
Code, is amended--
(1) by striking "or attempts to kill";
(2) by inserting "or attempts or conspires to do such an act," before "shall be
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punished"; and
(3) by striking "and 1113" and inserting "1113, and 1117".
<< 18 USCA ~ 1362 >>
(c) COMMUNICATIONS LINES, STATIONS, OR SYSTEMS.--Section 1362 of title 18, United
States Code, is amended in the first undesignated paragraph--
(1) by striking "or attempts willfully or maliciously to injure or destroy"; and
(2) by inserting "or attempts or conspires to do such an act," before "shall be
fined" .
<< 18 USCA ~ 1363 >>
(d) BUILDINGS OR PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL
JURISDICTION.--Section 1363 of title 18, United States Code, is amended--
(1) by striking "or attempts to destroy or injure"; and
(2) by inserting "or attempts or conspires to do such an act," before "shall be
fined" the first place it appears.
<< 18 USCA ~ 1992 >>
(e) WRECKING TRAINS.--Section 1992 of title 18, United States Code, is amended by
adding at the end the following:
"(c) A person who conspires to commit any offense defined in this section shall be
subject to the same penalties (other than the penalty of death) as the penalties
prescribed for the offense, the commission of which was the object of the
conspiracy.".
<< 18 USCA ~ 2339A >>
(f) MATERIAL SUPPORT TO TERRORISTS.--Section 2339A of title 18, United States Code,
is amended by inserting "or attempts or conspires to do such an act," before "shall
be fined".
<< 18 USCA ~ 2340A >>
(g) TORTURE.--Section 2340A of title 18, United States Code, is amended by adding
at the end the following:
"(c) CONSPlRACY.--A person who conspires to commit an offense under this section
shall be subject to the same penalties (other than the penalty of death) as the
penalties prescribed for the offense, the commission of which was the object of the
conspiracy.".
(h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.--Section 236 of the Atomic Energy Act
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of 1954 (42 U.S.C. 2284), is amended--
<< 42 USCA ~ 2284 >>
(1) in subsection (a)--
*382 (A) by striking ", or who intentionally and willfully attempts to destroy or
cause physical damage to";
(B) in paragraph (4), by striking the period at the end and inserting a comma;
and
(C) by inserting "or attempts or conspires to do such an act," before "shall be
fined"; and
<< 42 USCA ~ 2284 >>
(2) in subsection (b)--
(A) by striking "or attempts to cause"; and
(B) by inserting "or attempts or conspires to do such an act," before "shall be
fined" .
<< 49 USCA ~ 46504 >>
(i) INTERFERENCE WITH FLIGHT CREW MEMBERS AND ATTENDANTS.--Section 46504 of title
49, United States Code, is amended by inserting "or attempts or conspires to do such
an act," before "shall be fined".
<< 49 USCA ~ 46505 >>
(j) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.--Section 46505 of title 49,
United States Code, is amended by adding at the end the following:
"(e) CONSPlRACY.--If two or more persons conspire to violate subsection (b) or (e)f
and one at more of such persons do any act to effect the object of the conspiracy,
each of the parties to such conspiracy shall be punished as provided in such
subsection.".
<< 49 USCA ~ 60123 >>
(k) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS LIQUID PIPELINE
FACILITY.--Section 60123(b) of title 49, United States Code, is amended--
(1) by striking ", or attempting to damage or destroy,"; and
(2) by inserting ", or attempting or conspiring to do such an act," before "shall
be fined".
<< 18 USCA ~ 3583 >>
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SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.
Section 3583 of title 18, United States Code, is amended by adding at the end the
following:
"(j) SUPERVISED RELEASE TERMS FOR TERRORISM PREDICATES.--Notwithstanding subsection
(b), the authorized term of supervised release for any offense listed in section
2332b (g) (5) (B), the commission of which resulted in, or created a foreseeable risk
of, death or serious bodily injury to another person, is any term of years or
life.".
SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING ACTIVITY.
<< 18 USCA ~ 1961 >>
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking "or (F)" and inserting "(F)"; and
(2) by inserting before the semicolon at the end the following: ,or (G) any
act that is indictable under any provision listed in section 2332b (g) (5) (B)".
SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.
(a) CLARIFICATION OF PROTECTION OF PROTECTED COMPUTERS.--Section 1030(a) (5) of
title 18, United States Code, is amended--
<< 18 USCA ~ 1030 >>
(1) by inserting" (i)" after" (A)";
<< 18 USCA ~ 1030 >>
(2) by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii),
respectively;
<< 18 USCA ~ 1030 >>
(3) by adding "and" at the end of clause (iii), as so redesignated; and
<< 18 USCA ~ 1030 >>
(4) by adding at the end the following:
*383 "(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A),
caused (or, in the case of an attempted offense, would, if completed, have caused)--
"(i) loss to 1 or more persons during any l-year period (and, for purposes of
an investigation, prosecution, or other proceeding brought by the United States
only, loss resulting from a related course of conduct affecting 1 or more other
protected computers) aggregating at least $5,000 in value;
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"(ii) the modification or impairment, or potential modification or impairment,
of the medical examination, diagnosis, treatment, or care of 1 or more individuals;
"(iii) physical injury to any person;
"(iv) a threat to public health or safety; or
"(v) damage affecting a computer system used by or for a government entity in
furtherance of the administration of justice, national defense, or national
security;".
<< 18 USCA ~ 1030 >>
(b) PROTECTION FROM EXTORTION.--Section 1030(a) (7) of title 18, United States Code,
is amended by striking ", firm, association, educational institution, financial
institution, government entity, or other legal entity,".
(c) PENALTIES.--Section 1030(c) of title 18, United States Code, is amended--
<< 18 USCA ~ 1030 >>
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting "except as provided in subparagraph (B)," before "a fine";
(ii) by striking" (a) (5) (C)" and inserting" (a) (5) (A) (iii)"; and
(iii) by striking "and" at the end;
<< 18 USCA ~ 1030 >>
(B) in subparagraph (B), by inserting "or an attempt to commit an offense
punishable under this subparagraph," after "subsection (a) (2)," in the matter
preceding clause (i); and
<< 18 USCA ~ 1030 >>
(C) in subparagraph (C), by striking "and" at the end;
<< 18 USCA ~ 1030 >>
(2) in paragraph (3)--
(A) by striking ", (a) (5) (A), (a) (5) (B)," both places it appears; and
(B) by striking" (a) (5) (C)" and inserting" (a) (5) (A) (iii)"; and
<< 18 USCA ~ 1030 >>
(3) by adding at the end the following:
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" (4) (A) a fine under this title, imprisonment for not more than 10 years, or
both, in the case of an offense under subsection (a) (5) (A) (i), or an attempt to
commit an offense punishable under that subsection;
"(B) a fine under this title, imprisonment for not more than 5 years, or both, in
the case of an offense under subsection (a) (5) (A) (ii), or an attempt to commit an
offense punishable under that subsection;
"(C) a fine under this title, imprisonment for not more than 20 years, or both, in
the case of an offense under subsection (a) (5) (A) (i) or (a) (5) (A) (ii), or an attempt
to commit an offense punishable under either subsection, that occurs after a
conviction for another offense under this section.".
*384 (d) DEFINITIONS.--Section 1030(e) of title 18, United States Code is amended--
<< 18 USCA ~ 1030 >>
(1) in paragraph (2) (B), by inserting ", including a computer located outside the
United States that is used in a manner that affects interstate or foreign commerce
or communication of the United States" before the semicolon;
<< IS USCA ~ 1030 >>
(2) in paragraph (7), by striking "and" at the end;
<< 18 USCA ~ 1030 >>
(3) by striking paragraph (8) and inserting the following:
"(8) the term 'damage' means any impairment to the integrity or availability of
data, a program, a system, or information;";
<< 18 USCA ~ 1030 >>
(4) in paragraph (9), by striking the period at the end and inserting a semicolon;
and
<< 18 USCA ~ 1030 >>
(5) by adding at the end the following:
"(10) the term 'conviction' shall include a conviction under the law of any State
for a crime punishable by imprisonment for more than 1 year, an element of which is
unauthorized access, or exceeding authorized access, to a computer;
"(11) the term 'loss' means any reasonable cost to any victim, including the cost
of responding to an offense, conducting a damage assessment, and restoring the data,
program, system, or information to its condition prior to the offense, and any
revenue lost, cost incurred, or other consequential damages incurred because of
interruption of service; and
"(12) the term 'person' means any individual, firm, corporation, educational
institution, financial institution, governmental entity, or legal or other entity.".
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<< 18 USCA ~ 1030 >>
(e) DAMAGES IN CIVIL ACTIONS.--Section 1030(g) of title 18, United States Code is
amended--
(1) by striking the second sentence and inserting the following: "A civil action
for a violation of this section may be brought only if the conduct involves 1 of the
factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a) (5) (B).
Damages for a violation involving only conduct described in subsection (a) (5) (B) (i)
are limited to economic damages."; and
(2) by adding at the end the following: "No action may be brought under this
subsection for the negligent design or manufacture of computer hardware, computer
software, or firmware.".
<< 28 USCA ~ 994 NOTE >>
(f) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN COMPUTER FRAUD AND
ABUSE.--Pursuant to its authority under section 994(p) of title 28, United States
Code, the United States Sentencing Commission shall amend the Federal sentencing
guidelines to ensure that any individual convicted of a violation of section 1030 of
title 18, United States Code, can be subjected to appropriate penalties, without
regard to any mandatory minimum term of imprisonment.
<< 18 USCA ~ 2707 >>
SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING RECORDS IN
RESPONSE TO GOVERNMENT REQUESTS.
Section 2707(e) (1) of title 18, United States Code, is amended by inserting after
"or statutory authorization" the following: "(including a request of a governmental
entity under section 2703(f) of this title)".
<< 28 USCA ~ 509 NOTE >>
*385 SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC CAPABILITIES.
(a) IN GENERAL.--The Attorney General shall establish such regional computer
forensic laboratories as the Attorney General considers appropriate, and provide
support to existing computer forensic laboratories, in order that all such computer
forensic laboratories have the capability--
(1) to provide forensic examinations with respect to seized or intercepted
computer evidence relating to criminal activity (including cyberterrorism);
(2) to provide training and education for Federal, State, and local law
enforcement personnel and prosecutors regarding investigations, forensic analyses,
and prosecutions of computer-related crime (including cyberterrorism);
(3) to assist Federal, State, and local law enforcement in enforcing Federal,
State, and local criminal laws relating to computer-related crime;
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(4) to facilitate and promote the sharing of Federal law enforcement expertise and
information about the investigation, analysis, and prosecution of computer-related
crime with State and local law enforcement personnel and prosecutors, including the
use of multijurisdictional task forces; and
(5) to carry out such other activities as the Attorney General considers
appropriate.
(b) AUTHORIZATION OF APPROPRIATIONS.--
(1) AUTHORIZATION.--There is hereby authorized to be appropriated in each fiscal
year $50,000,000 for purposes of carrying out this section.
(2) AVAILABILITY.--Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until expended.
SEC. ~17. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.
Chapter 10 of title 18, United States Code, is amended--
(1) in section 175--
<< 18 USCA ~ 175 >>
(A) in subsection (b)--
(i) by striking "does not include" and inserting "includes";
(ii) by inserting "other than" after "system for"; and
(iii) by inserting "bona fide research" after "protective";
<< 18 USCA ~ 175 >>
(B) by redesignating subsection (b) as subsection (c); and
<< 18 USCA ~ 175 >>
(C) by inserting after subsection (a) the following:
"(b) ADDITIONAL OFFENSE.--Whoever knowingly possesses any biological agent, toxin,
or delivery system of a type or in a quantity that, under the circumstances, is not
reasonably justified by a prophylactic, protective, bona fide research, or other
peaceful purpose, shall be fined under this title, imprisoned not more than 10
years, or both. In this subsection, the terms 'biological agent' and 'toxin' do
not encompass any biological agent or toxin that is in its naturally occurring
environment, if the biological agent or toxin has not been cultivated, collected, or
otherwise extracted from its natural source.";
<< 18 USCA ~ 175b >>
(2) by inserting after section 175a the following:
*386 "SEC. 175b. POSSESSION BY RESTRICTED PERSONS.
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"(a) No restricted person described in subsection (b) shall ship or transport
interstate or foreign commerce, or possess in or affecting commerce, any biological
agent or toxin, or receive any biological agent or toxin that has been shipped or
transported in interstate or foreign commerce, if the biological agent or toxin is
listed as a select agent in subsection (j) of section 72.6 of title 42, Code of
Federal Regulations, pursuant to section 511(d) (1) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132), and is not exempted under
subsection (h) of such section 72.6, or appendix A of part 72 of the Code of
Regulations.
"(b) In this section:
"(1) The term 'select agent' does not include any such biological agent or toxin
that is in its naturally-occurring environment, if the biological agent or toxin has
not been cultivated, collected, or otherwise extracted from its natural source.
"(2) The term 'restricted person' means an individual who--
"(A) is under indictment for a crime punishable by imprisonment for a term
exceeding 1 year;
"(B) has been convicted in any court of a crime punishable by imprisonment for a
term exceeding 1 year;
"(C) is a fugitive from justice;
"(D) is an unlawful user of any controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802));
"(E) is an alien illegally or unlawfully in the United States;
"(F) has been adjudicated as a mental defective or has been committed to any
mental institution;
"(G) is an alien (other than an alien lawfully admitted for permanent residence)
who is a national of a country as to which the Secretary of State, pursuant to
section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),
section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control Act (22
U.S.C. 2780(d)), has made a determination (that remains in effect) that such country
has repeatedly provided support for acts of international terrorism; or
"(H) has been discharged from the Armed Services of the United States under
dishonorable conditions.
"(3) The term 'alien' has the same meaning as in section 1010(a) (3) of the
Immigration and Nationality Act (8 U.S.C. 1l01(a) (3)).
"(4) The term 'lawfully admitted for permanent residence' has the same meaning as
in section 101(a) (20) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (20)).
"(c) Whoever knowingly violates this section shall be fined as provided in this
title, imprisoned not more than 10 years, or both, but the prohibition contained in
this section shall not apply with respect to any duly authorized United States
governmental activity.'; and
<< lS USCA prec. ~ 175 >>
(3) in the chapter analysis, by inserting after the item relating to section 175a
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the following:
"175b. Possession by restricted persons.".
*387 TITLE IX--IMPROVED INTELLIGENCE
SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE REGARDING FOREIGN
INTELLIGENCE COLLECTED UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-3(c)) is
amended--
<< 50 USCA ~ 403-3 >>
(1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8),
respectively; and
<< 50 USCA ~ 403-3 >>
(2) by inserting after paragraph (5) the following new paragraph (6):
"(6) establish requirements and priorities for foreign intelligence information
to be collected under the Foreign Intelligence Surveillance Act of 1978 (50 V.S.C.
1801 et seq.), and provide assistance to the Attorney General to ensure that
information derived from electronic surveillance or physical searches under that Act
is disseminated so it may be used efficiently and effectively for foreign
intelligence purposes, except that the Director shall have no authority to direct,
manage, or undertake electronic surveillance or physical search operations pursuant
to that Act unless otherwise authorized by statute or Executive order;".
SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES WITHIN SCOPE OF FOREIGN
INTELLIGENCE UNDER NATIONAL SECURITY ACT OF 1947.
Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended--
<.< 50 USCA ~ 401a >>
(1) in paragraph (2), by inserting before the period the following: ,or
international terrorist activities"; and
<< 50 USCA ~ 401a >>
(2) in paragraph (3), by striking "and activities conducted" and inserting and
activities conducted,".
SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND MAINTENANCE OF INTELLIGENCE
RELATIONSHIPS TO ACQUIRE INFORMATION ON TERRORISTS AND TERRORIST ORGANIZATIONS.
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It is the sense of Congress that officers and employees of the intelligence
community of the Federal Government, acting within the course of their official
duties, should be encouraged, and should make every effort, to establish and
maintain intelligence relationships with any person, entity, or group for the
purpose of engaging in lawful intelligence activities, including the acquisition of
information on the identity, location, finances, affiliations, capabilities, plans,
or intentions of a terrorist or terrorist organization, or information on any other
person, entity, or group (including a foreign government) engaged in harboring,
comforting, financing, aiding, or assisting a terrorist or terrorist organization.
SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS OF REPORTS ON
INTELLIGENCE AND INTELLIGENCE-RELATED MATTERS.
(a) AUTHORITY TO DEFER.--The Secretary of Defense, Attorney General, and Director
of Central Intelligence each may, during the effective period of this section, defer
the date of submittal *388 to Congress of any covereQ intelligence report under the
jurisdiction of such official until February 1, 2002.
(b) COVERED INTELLIGENCE REPORT.--Except as provided in subsection (c), for
purposes of subsection (a), a covered intelligence report is as follows:
(1) Any report on intelligence or intelligence-related activities of the United
States Government that is required to be submitted to Congress by an element of the
intelligence community during the effective period of this section.
(2) Any report or other matter that is required to be submitted to the Select
Committee on Intelligence of the Senate and Permanent Select Committee on
Intelligence of the House of Representatives by the Department of Defense or the
Department of Justice during the effective period of this section.
(c) EXCEPTION FOR CERTAIN REPORTS.--For purposes of subsection (a), any report
required by section 502 or 503 of the National Security Act of 1947 (50 U.S.C. 413a,
413b) is not a covered intelligence report.
(d) NOTICE TO CONGRESS.--Upon deferring the date of submittal to Congress of a
covered intelligence report under subsection (a), the official deferring the date of
submittal of the covered intelligence report shall submit to Congress notice of the
deferral. Notice of deferral of a report shall specify the provision of law, if
any, under which the report would otherwise be submitted to Congress.
(e) EXTENSION OF DEFERRAL.--(I) Each official specified in subsection (a) may defer
the date of submittal to Congress of a covered intelligence report under the
jurisdiction of such official to a date after February 1, 2002, if such official
submits to the committees of Congress specified in subsection (b) (2) before February
1, 2002, a certification that preparation and submittal of the covered intelligence
report on February 1, 2002, will impede the work of officers or employees who are
engaged in counterterrorism activities.
(2) A certification under paragraph (1) with respect to a covered intelligence
report shall specify the date on which the covered intelligence report will be
submitted to Congress.
(f) EFFECTIVE PERIOD.--The effective period of this section is the period beginning
on the date of the enactment of this Act and ending on February 1, 2002.
(g) ELEMENT OF THE INTELLIGENCE COMMUNITY DEFINED.--In this section, the term
"element of the intelligence community" means any element of the intelligence
community specified or designated under section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
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SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF FOREIGN
INTELLIGENCE-RELATED INFORMATION WITH RESPECT TO CRIMINAL INVESTIGATIONS.
(a) IN GENERAL.--Title I of the National Security Act of 1947 (50 U.S.C. 402 et
seq.) is amended--
<< 50 USCA ~ 403-5b >>
<< 50 USCA ~ 403-5c >>
(1) by redesignating subsection 105B as section 105C; and
<< 50 USCA ~ 403-5b >>
(2) by inserting after section 105A the following new section 105B:
*389 "DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN CRIMINAL
INVESTIGATIONS; NOTICE OF CRIMINAL INVESTIGATIONS
OF FOREIGN INTELLIGENCE SOURCES
"SEC. 105B. (a) DISCLOSURE OF FOREIGN INTELLIGENCE-- (1) Except as otherwise
provided by law and subject to paragraph (2), the Attorney General, or the head of
any other department or agency of the Federal Government with law enforcement
responsibilities, shall expeditiously disclose to the Director of Central
Intelligence, pursuant to guidelines developed by the Attorney General in
consultation with the Director, foreign intelligence acquired by an element of the
Department of Justice or an element of such department or agency, as the case may
be, in the course of a criminal investigation.
"(2) The Attorney General by regulation and in consultation with the Director of
Central Intelligence may provide for exceptions to the applicability of paragraph
(1) for one or more classes of foreign intelligence, or foreign intelligence with
respect to one or more targets or matters, if the Attorney General determines that
disclosure of such foreign intelligence under that paragraph would jeopardize an
ongoing law enforcement investigation or impair other significant law enforcement
interests.
"(b) PROCEDURES FOR NOTICE OF CRIMINAL INVESTIGATIONS.--Not later than 180 days
after the date of enactment of this section, the Attorney General, in consultation
with the Director of Central Intelligence, shall develop guidelines to ensure that
after receipt of a report from an element of the intelligence community of activity
of a foreign intelligence source or potential foreign intelligence source that may
warrant investigation as criminal activity, the Attorney General provides notice to
the Director of Central Intelligence, within a reasonable period of time, of his
intention to commence, or decline to commence, a criminal investigation of such
activity.
"(c) PROCEDURES.--The Attorney General shall develop procedures for the
administration of this section, including the disclosure of foreign intelligence by
elements of the Department of Justice, and elements of other departments and
agencies of the Federal Government, under subsection (a) and the provision of notice
with respect to criminal investigations under subsection (b) .".
(b) CLERICAL AMENDMENT.--The table of contents in the first section of that Act is
amended by striking the item relating to section 105B and inserting the following
new items:
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"Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations;
notice of criminal investigations of foreign intelligence sources.
"Sec. 105C. Protection of the operational files of the National Imagery and Mapping
Agency. " .
SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) REPORT ON RECONFIGURATION.--Not later than February 1, 2002, the Attorney
General, the Director of Central Intelligence, and the Secretary of the Treasury
shall jointly submit to Congress a report on the feasibility and desirability of
reconfiguring the Foreign Terrorist Asset Tracking Center and the Office of Foreign
Assets Control of the Department of the Treasury in order to establish a capability
to provide for the effective and efficient analysis and dissemination of foreign
intelligence relating to the financial capabilities and resources of international
terrorist organizations.
*390 (b) REPORT REQUIREMENTS.--(l) In preparing the report under subsection (a),
the Attorney General, the Secretary, and the Director shall consider whether, and to
what extent, the capacities and resources of the Financial Crimes Enforcement Center
of the Department of the Treasury may be integrated into the capability contemplated
by the report.
(2) If the Attorney General, Secretary, and the Director determine that it is
feasible and desirable to undertake the reconfiguration described in subsection (a)
in order to establish the capability described in that subsection, the Attorney
General, the Secretary, and the Director shall include with the report under that
subsection a detailed proposal for legislation to achieve the reconfiguration.
SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) REPORT ON ESTABLISHMENT.--(l) Not later than February 1, 2002, the Director of
Central Intelligence shall, in consultation with the Director of the Federal Bureau
of Investigation, submit to the appropriate committees of Congress a report on the
establishment and maintenance within the intelligence community of an element for
purposes of providing timely and accurate translations of foreign intelligence for
all other elements of the intelligence community. In the report, the element shall
be referred to as the "National Virtual Translation Center".
(2) The report on the element described in paragraph (1) shall discuss the use of
state-of-the-art communications technology, the integration of existing translation
capabilities in the intelligence community, and the utilization of
remote-connection capacities so as to minimize the need for a central physical
facility for the element.
(b) RESOURCES.--The report on the element required by subsection (a) shall address
the following:
(1) The assignment to the element of a staff of individuals possessing a broad
range of linguistic and translation skills appropriate for the purposes of the
element.
(2) The provision to the element of communications capabilities and systems that
are commensurate with the most current and sophisticated communications capabilities
and systems available to other elements of intelligence community.
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(3) The assurance, to the maximum extent practicable, that the communications
capabilities and systems provided to the element will be compatible with
communications capabilities and systems utilized by the Federal Bureau of
Investigation in securing timely and accurate translations of foreign language
materials for law enforcement investigations.
(4) The development of a communications infrastructure to ensure the efficient and
secure use of the translation capabilities of the element.
(cl SECURE COMMUNICATIONS.--The report shall include a discussion of the creation
of secure electronic communications between the element described by subsection (a)
and the other elements of the intelligence community.
(d) DEFINITIONS.--In this section:
(1) FOREIGN INTELLIGENCE.--The term "foreign intelligence" has the meaning given
that term in section 3(2) of the National Security Act of 1947 (50 U.S.C. 401a(2)).
(2) ELEMENT OF THE INTELLIGENCE COMMUNITY.--The term "element of the intelligence
community" means any element *391 of the intelligence community specified or
designated under section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
<< 28 USCA ~ 509 NOTE >>
SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION AND USE OF
FOREIGN INTELLIGENCE.
(a) PROGRAM REQUIRED.--The Attorney General shall, in consultation with the
Director of Central Intelligence, carry out a program to provide appropriate
training to officials described in subsection (b) in order to assist such officials
in--
(1) identifying foreign intelligence information in the course of their duties;
and
(2) utilizing foreign intelligence information in the course of their duties, to
the extent that the utilization of such information is appropriate for such duties.
(b) OFFICIALS.--The officials provided training under subsection (a) are, at the
discretion of the Attorney General and the Director, the following:
(1) Officials of the Federal Government who are not ordinarily engaged in the
collection, dissemination, and use of foreign intelligence in the performance of
their duties.
(2) Officials of State and local governments who encounter, or may encounter in
the course of a terrorist event, foreign intelligence in the performance of their
duties.
(c) AUTHORIZATION OF APPROPRIATIONS.--There is hereby authorized to be appropriated
for the Department of Justice such sums as may be necessary for purposes of carrying
out the program required by subsection (a).
TITLE X--MISCELLANEOUS
<< 5 USCA App. 3 ~ 8E NOTE >>
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SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE.
The Inspector General of the Department of Justice shall designate one official who
shall--
(1) review information and receive complaints alleging abuses of civil rights and
civil liberties by employees and officials of the Department of Justice;
(2) make public through the Internet, radio, television, and newspaper
advertisements information on the responsibilities and functions of, and how to
contact, the official; and
(3) submit to the Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate on a semi-annual basis a report on the
implementation of this subsection and detailing any abuses described in paragraph
(1), including a description of the use of funds appropriations used to carry out
this subsection.
SEC. 1002. SENSE OF CONGRESS.
(a) FINDINGS.--Congress finds that--
(1) all Americans are united in condemning, in the strongest possible terms, the
terrorists who planned and carried out the attacks against the United States on
September 11, 2001, and in pursuing all those responsible for those attacks and
their sponsors until they are brought to justice;
(2) Sikh-Americans form a vibrant, peaceful, and law-abiding part of America's
people;
*392 (3) approximately 500,000 Sikhs reside in the United States and are a vital
part of the Nation;
(4) Sikh-Americans stand resolutely in support of the commitment of our Government
to bring the terrorists and those that harbor them to justice;
(5) the Sikh faith is a distinct religion with a distinct religious and ethnic
identity that has its own places of worship and a distinct holy text and religious
tenets;
(6) many Sikh-Americans, who are easily recognizable by their turbans and beards,
which are required articles of their faith, have suffered both verbal and physical
assaults as a result of misguided anger toward Arab-Americans and Muslim-Americans
in the wake of the September 11, 2001 terrorist attack;
(7) Sikh-Americans, as do all Americans, condemn acts of prejudice against any
American; and
(8) Congress is seriously concerned by the number of crimes against Sikh-
Americans and other Americans all across the Nation that have been reported in the
wake of the tragic events that unfolded on September 11, 2001.
(b) SENSE OF CONGRESS.--Congress--
(1) declares that, in the quest to identify, locate, and bring to justice the
perpetrators and sponsors of the terrorist attacks on the United States on
September 11, 2001, the civil rights and civil liberties of all Americans, including
Sikh-Americans, should be protected;
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(2) condemns bigotry and any acts of violence or discrimination against any
Americans, including Sikh-Americans;
(3) calls upon local and Federal law enforcement authorities to work to prevent
crimes against all Americans, including Sikh-Americans; and
(4) calls upon local and Federal law enforcement authorities to prosecute to the
fullest extent of the law all those who commit crimes.
<< 50 USCA ~ 1801 >>
SEC. 1003. DEFINITION OF "ELECTRONIC SURVEILLANCE".
Section 101(f) (2) of the Foreign Intelligence Surveillance Act (50 U.S.C.
1801(f) (2)) is amended by adding at the end before the semicolon the following:
but does not include the acquisitioQ of those communications of computer trespassers
that would be permissible under section 2511 (2) (i) of title 18, United States Code".
SEC. 1004. VENUE IN MONEY LAUNDERING CASES.
<< 18 USCA ~ 1956 >>
Section 1956 of title 18, United States Code, is amended by adding at the end the
following:
"(i) VENUE.--(l) Except as provided in paragraph (2), a prosecution for an offense
under this section or section 1957 may be brought in--
"(A) any district in which the financial or monetary transaction is conducted; or
"(B) any district where a prosecution for the underlying specified unlawful
activity could be brought, if the defendant participated in the transfer of the
proceeds of the specified unlawful activity from that district to the district where
the financial or monetary transaction is conducted.
"(2) A prosecution for an attempt or conspiracy offense under this section or
section 1957 may be brought in the district where venue would lie for the completed
offense under paragraph (1), *393 or in any other district where an act in
furtherance of the attempt or conspiracy took place.
"(3) For purposes of this section, a transfer of funds from 1 place to another, by
wire or any other means, shall constitute a single, continuing transaction. Any
person who conducts (as that term is defined in subsection (c) (2)) any portion of
the transaction may be charged in any district in which the transaction takes
place.".
<< 28 USCA ~ 509 NOTE >>
SEC. 1005. FIRST RESPONDERS ASSISTANCE ACT.
(a) GRANT AUTHORIZATION.--The Attorney General shall make grants described in
subsections (b) and (c) to States and units of local government to improve the
ability of State and local law enforcement, fire department and first responders to
respond to and prevent acts of terrorism.
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(b) TERRORISM PREVENTION GRANTS.--Terrorism prevention grants under this subsection
may be used for programs, projects, and other activities to--
(1) hire additional law enforcement personnel dedicated to intelligence gathering
and analysis functions, including the formation of full-time intelligence and
analysis units;
(2) purchase technology and equipment for intelligence gathering and analysis
functions, including wire-tap, pen links, cameras, and computer hardware and
software;
(3) purchase equipment for responding to a critical incident, including
protective equipment for patrol officers such as quick masks;
(4) purchase equipment for managing a critical incident, such as communications
equipment for improved interoperability among surrounding jurisdictions and mobile
command posts for overall scene management; and
(5) fund technical assistance programs that emphasize coordination among
neighboring law enforcement agencies for sharing resources, and resources
coordination among law enforcement agencies for combining intelligence gathering and
analysis functions, and the development of policy, procedures, memorandums of
understanding, and other best practices.
(c) ANTITERRORISM TRAINING GRANTS.--Antiterrorism training grants under this
subsection may be used for programs, projects, and other activities to address--
(1) intelligence gathering and analysis techniques;
(2) community engagement and outreach;
(3) critical incident management for all forms of terrorist attack;
(4) threat assessment capabilities;
(5) conducting followup investigations; and
(6) stabilizing. a community after a terrorist incident.
(d) APPLICATION.--
(1) IN GENERAL.--Each eligible entity that desires to receive a grant under this
section shall submit an application to the Attorney General, at such time, in such
manner, and accompanied by such additional information as the Attorney General may
reasonably require.
(2) CONTENTS.--Each application submitted pursuant to paragraph (1) shall--
(A) describe the activities for which assistance under this section is sought;
and
*394 (B) provide such additional assurances as the Attorney General determines to
be essential to ensure compliance with the requirements of this section.
(e) MINIMUM AMOUNT.--If all applications submitted by a State or units of local
government within that State have not been funded under this section in any fiscal
year, that State, if it qualifies, and the units of local government within that
State, shall receive in that fiscal year not less than 0.5 percent of the total
amount appropriated in that fiscal year for grants under this section.
(f) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated
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$25,000,000 for each of the fiscal years 2003 through 2007.
SEC. 1006. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY LAUNDERING.
<< 8 USCA ~ 1182 >>
(a) AMENDMENT TO IMMIGRATION AND NATIONALITY ACT.--Section 212(a) (2) of the
Immigration and Nationality Act (8 U.S.C. 1182(a) (2)) is amended by adding at the
end the following:
"(I) MONEY LAUNDERING.--Any alien--
"(i) who a consular officer or the Attorney General knows, or has reason to
believe, has engaged, is engaging, or seeks to enter the United States to engage, in
an offense which is described in section 1956 or 1957 of title 18, United States
Code (relating to laundering of monetary instruments); or
"(ii) who a consular officer or the Attorney General knows is, or has been, a
knowing aider, abettor, assister, conspirator, or colluder with others in an offense
which is described in such section;
is inadmissible.".
<< 8 USCA ~ 1182 NOTE >>
(b) MONEY LAUNDERING WATCHLIST.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall develop, implement, and certify
to the Congress that there has been established a money laundering watchlist, which
identifies individuals worldwide who are known or suspected of money laundering,
which is readily accessible to, and shall be checked by, a consular or other Federal
official prior to the issuance of a visa or admission to the United States. The
Secretary of State shall develop and continually update the watchlist in cooperation
with the Attorney General, the Secretary of the Treasury, and the Director of
Central Intelligence.
SEC. 1007. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN SOUTH AND CENTRAL ASIA.
In addition to amounts otherwise available to carry out section 481 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291), there is authorized to be appropriated to
the President not less than $5,000,000 for fiscal year 2002 for regional antidrug
training in the Republic of Turkey by the Drug Enforcement Administration for
police, as well as increased precursor chemical control efforts in the South and
Central Asia region.
*395 SEC. 1008. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER SCANNING SYSTEM
WITH ACCESS TO THE FBI INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AT
OVERSEAS CONSULAR POSTS AND POINTS OF ENTRY TO THE UNITED STATES.
(a) IN GENERAL.--The Attorney General, in consultation with the Secretary of State
and the Secretary of Transportation, shall conduct a study on the feasibility of
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utilizing a biometric identifier (fingerprint) scanning system, with access to the
database of the Federal Bureau of Investigation Integrated Automated Fingerprint
Identification System, at consular offices abroad and at points of entry into the
United States to enhance the ability of State Department and immigration officials
to identify aliens who may be wanted in connection with criminal or terrorist
investigations in the United States or abroad prior to the issuance of visas or
entry into the United States.
(b) REPORT TO CONGRESS.--Not later than 90 days after the date of the enactment of
this Act, the Attorney General shall submit a report summarizing the findings of the
study authorized under subsection (a) to the Committee on International Relations
and the Committee on the Judiciary of the House of Representatives and the Committee
on Foreign Relations and the Committee on the Judiciary of the Senate.
SEC. 1009. STUDY OF ACCESS.
(a) IN GENERAL.--Not later than 120 days after enactment of this Act, the Federal
Bureau of Investigation shall study and report to Congress on the feasibility of
providing to airlines access via computer to the names of passengers who are
suspected of terrorist activity by Federal officials.
(b) AUTHORIZATION.--There are authorized to be appropriated not more than $250,000
to carry out subsection (a).
<< 10 USCA ~ 2465 NOTE >>
SEC. 1010. TEMPORARY AUTHORITY TO CONTRACT WITH LOCAL AND STATE GOVERNMENTS FOR
PERFORMANCE OF SECURITY FUNCTIONS AT UNITED STATES MILITARY INSTALLATIONS.
(al IN GENERAL.--Notwithstanding section 2465 of title 10, United States Code,
during the period of time that United States armed forces are engaged in Operation
Enduring Freedom, and for the period of 180 days thereafter, funds appropriated to
the Department of Defense may be obligated and expended for the purpose of entering
into contracts or other agreements for the performance of security functions at any
military installation or facility in the United States with a proximately located
local or State government, or combination of such governments, whether or not any
such government is obligated to provide such services to the general public without
compensation.
(b) TRAINING.--Any contract or agreement entered into under this section shall
prescribe standards for the training and other qualifications of local government
law enforcement personnel who perform security functions under this section in
accordance with criteria established by the Secretary of the service concerned.
(c) REPORT.--One year after the date of enactment of this section, the Secretary of
Defense shall submit a report to the Committees on Armed Services of the Senate and
the House of Representatives describing the use of the authority granted under *396
this section and the use by the Department of Defense of other means to improve the
performance of security functions on military installations and facilities located
within the United States.
SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS.
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<< 15 USCA ~ 6101 NOTE >>
(a) SHORT TITLE.--This section may be cited as the "Crimes Against Charitable
Americans Act of 2001".
(b) TELEMARKETING AND CONSUMER FRAUD ABUSE.--The Telemarketing and Consumer Fraud
and Abuse Prevention Act (15 U.S.C. 6101 et seq.) is amended--
<< 15 USCA ~ 6102 >>
(1) in section 3 (a) (2), by inserting after "practices II the second place it appears
the following: "which shall include fraudulent chari table solicitations, and";
(2) in section 3(a) (3)--
<< 15 USCA ~ 6102 >>
(A) in subparagraph (B), by striking "and" at the end;
<< 15 USCA ~ 6102 >>
(B) in subparagraph (C), by striking the period at the end and inserting
and"; and
II.
,
<< 15 USCA ~ 6102 >>
(C) by adding at the end the following:
"(D) a requirement that any person engaged in telemarketing for the solicitation
of charitable contributions, donations, or gifts of money or any other thing of
value, shall promptly and clearly disclose to the person receiving the call that the
purpose of the call is to solicit charitable contributions, donations, or gifts, and
make such other disclosures as the Commission considers appropriate, including the
name and mailing address of the charitable organization on behalf of which the
solicitation is made. 'i and
<< 15 USCA ~ 6106 >>
(3) in section 7(4), by inserting ", or a charitable contribution, donation, or
gift of money or any other thing of value," after "services".
<< 18 USCA ~ 917 >>
(c) RED CROSS MEMBERS OR AGENTS.--Section 917 of title 18, United States Code, is
amended by striking "one year" and inserting "5 years".
(d) TELEMARKETING FRAUD.--Section 2325(1) of title 18, United States Code, is
amended--
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<< 18 USCA ~ 2325 >>
(1) in subparagraph (A), by striking "or" at the end;
<< 18 USCA ~ 2325 >>
(2) in subparagraph (B), by striking the comma at the end and inserting
" .
,
or";
<< 18 USCA ~ 2325 >>
(3) by inserting after subparagraph (B) the following:
"(C) a charitable contribution, donation, or gift of money or any other thing of
value, '; and
<< 18 USCA ~ 2325 >>
(4) in the flush language,
after "participant".
by inserting "or charitable contributor, or donor"
I
SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.
(a) LIMITATION.--
<< 49 USCA ~ 5103a >>
(1) IN GENERAL.--Chapter 51 of title 49, United States Code, is amended by
inserting after section 5103 the following new section:
"~ 5103a. Limitation on issuance of hazmat licenses
'''(a) LIMITATION.--
"(1) ISSUANCE OF LICENSES.--A State may not issue to any individual a license to
operate a motor vehicle transporting in commerce a hazardous material unless the
Secretary of *397 Transportation has first determined, upon receipt of a
notification under subsection (c) (1) (B), that the individual does not pose a
security risk warranting denial of the license.
"(2) RENEWALS INCLUDED.--For the purposes of this section, the term 'issue', with
respect to a license, includes renewal of the license.
"(b) HAZARDOUS MATERIALS DESCRIBED.--The limitation in subsection (a) shall apply
with respect to--
"(1) any material defined as a hazardous material by the Secretary of
Transportation; and
"(2) any chemical or biological material or agent determined by the Secretary of
Health and Human Services or the Attorney General as being a threat to the national
security of the United States.
Copr. C9 West 2003 No Claim to Orig. U.S. Govt. Works
Page 157
"(c) BACKGROUND RECORDS CHECK.--
"(1) IN GENERAL.--Upon the request of a State regarding issuance of a license
described in subsection (a) (1) to an individual, the Attorney General--
"(A) shall carry out a background records check regarding the individual; and
"(B) upon completing the background records check, shall notify the Secretary of
Transportation of the completion and results of the background records check.
"(2) SCOPE.--A background records check regarding an individual under this
subsection shall consist of the following:
"(A) A check of the relevant criminal history data bases.
"(B) In the case of an alien, a check of the relevant data bases to determine the
status of the alien under the immigration laws of the United States.
"(C) As appropriate, a check of the relevant international data bases through
Interpol-U.S. National Central Bureau or other appropriate means.
"(d) REPORTING REQUIREMENT.--Each State shall submit to the Secretary of
Transportation, at such time and in such manner as the Secretary may prescribe, the
name, address, and such other information as the Secretary may require, concerning--
"(1) each alien to whom the State issues a license described in subsection (a);
and
"(2) each other individual to whom such a license is issued, as the Secretary may
require.
"(e) ALIEN DEFINED.--In this section, the term 'alien' has the meaning given the
term in section 101(a) (3) of the Immigration and Nationality Act.".
<< 49 USCA prec. ~ 5101 >>
(2) CLERICAL AMENDMENT.--The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5103 the following new
item:
"5103a. Limitation on issuance of hazmat licenses.".
(b) REGULATION OF DRIVER FITNESS.--Section 31305(a) (5) of title 49, United States
Code, is amended--
<< 49 USCA ~ 31305 >>
(1) by striking "and" at the end of subparagraph (A);
<< 49 USCA ~ 31305 >>
(2) by inserting "and" at the end of subparagraph (B); and
<< 49 USCA ~ 31305 >>
Copr. C9 West 2003 No Claim to Orig. U.S. Govt. Works
Page 158
(3) by adding at the end the following new subparagraph:
"(C) is licensed by a State to operate the vehicle after having first been
determined under section 5103a of this title as not posing a security risk
warranting denial of the license.".
<< 49 USCA ~ 5103a >>
*398 (c) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated
for the Department of Transportation and the Department of Justice such amounts as
may be necessary to carry out section 5103a of title 49, United States Code, as
added by subsection (a).
SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING THE PROVISION OF FUNDING
FOR BIOTERRORISM PREPAREDNESS AND RESPONSE.
(a) FINDINGS.--The Senate finds the following:
(1) Additional steps must be taken to better prepare the United States to respond
to potential bioterrorism attacks.
(2) The threat of a bioterrorist attack is still remote, but is increasing for a
variety of reasons, including--
(A) public pronouncements by Osama bin Laden that it is his religious duty to
acquire weapons of mass destruction, including chemical and biological weapons;
(B) the callous disregard for innocent human life as demonstrated by the
terrorists' attacks of September 11, 2001;
(C) the resources and motivation of known terrorists and their sponsors and
supporters to use biological warfare;
(D) recent scientific and technological advances in agent delivery technology
such as aerosolization that have made weaponization of certain germs much easier;
and
(E) the increasing access to the technologies and expertise necessary to
construct and deploy chemical and biological weapons of mass destruction.
(3) Coordination of Federal, State, and local terrorism research, preparedness,
and response programs must be improved.
(4) States, local areas, and public health officials must have enhanced resources
and expertise in order to respond to a potential bioterrorist attack.
(5) National, State, and local communication capacities must be enhanced to combat
the spread of chemical and biological illness.
(6) Greater resources must be provided to increase the capacity of hospitals and
local health care workers to respond to public health threats.
(7) Health care professionals must be better trained to recognize, diagnose, and
treat illnesses arising from biochemical attacks.
(8) Additional supplies may be essential to increase the readiness of the United
States to respond to a bio-attack.
Copr. C9 West 2003 No Claim to Orig. U.S. Govt. Works
Page 159
(9) Improvements must be made in assuring the safety of the food supply.
(10) New vaccines and treatments are needed to assure that we have an adequate
response to a biochemical attack.
(11) Government research, preparedness, and response programs need to utilize
private sector expertise and resources.
(12) Now is the time to strengthen our public health system and ensure that the
United States is adequately prepared to respond to potential bioterrorist attacks,
natural infectious disease outbreaks, and other challenges and potential threats to
the public health.
*399 (b) SENSE OF THE SENATE.--It is the sense of the Senate that the United States
should make a substantial new investment this year toward the following:
(1) Improving State and local preparedness capabilities by upgrading State and
local surveillance epidemiology, assisting in the development of response plans,
assuring adequate staffing and training of health professionals to diagnose and care
for victims of bioterrorism, extending the electronics communications networks and
training personnel, and improving public health laboratories.
(2) Improving hospital response capabilities by assisting hospitals in developing
plans for a bioterrorist attack and improving the surge capacity of hospitals.
(3) Upgrading the bioterrorism capabilities of the Centers for Disease Control and
Prevention through improving rapid identification and health early warning systems.
(4) Improving disaster response medical systems, such as the National Disaster
Medical System and the Metropolitan Medical Response System and Epidemic
Intelligence Service.
(5) Targeting research to assist with the development of appropriate therapeutics
and vaccines for likely bioterrorist agents and assisting with expedited drug and
device review through the Food and Drug Administration.
(6) Improving the National Pharmaceutical Stockpile program by increasing the
amount of necessary therapies (including smallpox vaccines and other post- exposure
vaccines) and ensuring the appropriate deployment of stockpiles.
(7) Targeting activities to increase food safety at the Food and Drug
Administration.
(S) Increasing international cooperation to secure dangerous biological agents,
increase surveillance, and retrain biological warfare specialists.
<< 42 USCA ~ 3714 >>
SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS SUPPORT.
(a) IN GENERAL.--The Office for. State and Local Domestic Preparedness Support of
the Office of Justice Programs shall make a grant to each State, which shall be used
by the State, in conjunction with units of local government, to enhance the
capability of State and local jurisdictions to prepare for and respond to terrorist
acts including events of terrorism involving weapons of mass destruction and
biological, nuclear, radiological, incendiary, chemical, and explosive devices.
(b) USE OF GRANT AMOUNTS.--Grants under this section may be used to purchase needed
equipment and to provide training and technical assistance to State and local first
Copr. C9 West 2003 No Claim to Orig. U.S. Govt. Works
Page 160
responders.
(cl AUTHORIZATION OF APPROPRIATIONS.--
(1) IN GENERAL.--There is authorized to be appropriated to carry out this section
such sums as necessary for each of fiscal years 2002 through 2007.
(2) LIMITATIONS.--Of the amount made available to carry out this section in any
fiscal year not more than 3 percent may be used by the Attorney General for salaries
and administrative expenses.
(3) MINIMUM AMOUNT.--Each State shall be allocated in each fiscal year under this
section not less than 0.75 percent of the total amount appropriated in the fiscal
year for grants *400 pursuant to this section, except that the United States Virgin
Islands, America Samoa, Guam, and the Northern Mariana Islands each shall be
allocated 0.25 percent.
SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE CRIME IDENTIFICATION TECHNOLOGY ACT
FOR ANTITERRORISM GRANTS TO STATES AND LOCALITIES.
Section 102 of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601) is
amended--
(1) in subsection (b)--
<< 42 USCA ~ 14601 >>
(A) in paragraph (16), by striking "and" at the end;
<< 42 USCA ~ 14601 >>
(B) in paragraph (17), by striking the period and inserting "; and"; and
<< 42 USCA ~ 14601 >>
(C) by adding at the end the following:
"~18) notwithstanding subsection (c), antiterrorism purposes.as they relate to any
other uses under this section or for other antiterrorism programs. '; and
<< 42 USCA ~ 14601 >>
(2) in subsection (e) (1), by striking "this section" and all that follows and
inserting "this section $250,000,000 for each of fiscal years 2002 through 2007.".
SEC. 1016. CRITICAL INFRASTRUCTURES PROTECTION.
<< 42 USCA ~ 5195c >>
(a) SHORT TITLE.--This section may be cited as the "Critical Infrastructures
Protection Act of 2001".
Copr. C9 West 2003 No Claim to Orig. U.S. Govt. Works
Page 16 I
(b) FINDINGS.--Congress makes the following findings:
(1) The information revolution has transformed the conduct of business and the
operations of government as well as the infrastructure relied upon for the defense
and national security of the United States.
(2) Private business, government, and the national security apparatus increasingly
depend on an interdependent network of critical physical and information
infrastructures, including telecommunications, energy, financial services, water,
and transportation sectors.
(3) A continuous national effort is required to ensure the reliable provision of
cyber and physical infrastructure services critical to maintaining the national
defense, continuity of government, economic prosperity, and quality of life in the
United States.
(4) This national effort requires extensi~e modeling and analytic capabilit~es for
purposes of evaluating appropriate mechanisms to ensure the stability of these
complex and interdependent systems, and to underpin policy recommendations, so as to
achieve the continuous viability and adequate protection of the critical
infrastructure of the Nation.
(c) POLICY OF THE UNITED STATES.--It is the policy of the United States--
(1) that any physical or virtual disruption of the operation of the critical
infrastructures of the United States be rare, brief, geographically limited in
effect, manageable, and minimally detrimental to the economy, human and government
services, and national security of the United States;
(2) that actions necessary to achieve the policy stated in paragraph (1) be
carried out in a public-private partnership involving corporate and non-
governmental organizations; and
(3) to have in place a comprehensive and effective program to ensure the
continuity of essential Federal Government functions under all circumstances \
*401 (d) ESTABLISHMENT OF NATIONAL COMPETENCE FOR CRITICAL INFRASTRUCTURE
PROTECTION.--
(1) SUPPORT OF CRITICAL INFRASTRUCTURE PROTECTION AND CONTINUITY BY NATIONAL
INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.--There shall be established the
National Infrastructure Simulation and Analysis Center (NISAC) to serve as a source
of national competence to address critical infrastructure protection and continuity
through support for activities related to counterterrorism, threat assessment, and
risk mitigation.
(2) PARTICULAR SUPPORT.--The support provided under paragraph (1) shall include
the following:
(A) Modeling, simulation, and analysis of the systems comprising critical
infrastructures, including cyber infrastructure, telecommunications infrastructure,
and physical infrastructure, in order to enhance understanding of the large-scale
complexity of such systems and to facilitate modification of such systems to
mitigate the threats to such systems and to critical infrastructures generally.
(B) Acquisition from State and local governments and the private sector of data
necessary to create and maintain models of such systems and of critical
infrastructures generally.
(C) Utilization of modeling, simulation, and analysis under subparagraph (A) to
provide education and training to policymakers on matters relating to--
Copr. C9 West 2003 No Claim to Orig. U.S. Govt. Works
Page 162
(i) the analysis conducted under that subparagraph;
(ii) the implications of unintended or unintentional disturbances to critical
infrastructures; and
(iii) responses to incidents or crises involving critical infrastructures,
including the continuity of government and private sector activities through and
after such incidents or crises.
(D) Utilization of modeling, simulation, and analysis under subparagraph (A) to
provide recommendations to policymakers, and to departments and agencies of the
Federal Government and private sector persons and entities upon request, regarding
means of enhancing the stability of, and preserving, critical infrastructures.
(3) RECIPIENT OF CERTAIN SUPPORT.--Modeling, simulation, and analysis provided
under this subsection shall be provided, in particular, to relevant Federal, State,
and local entities responsible for critical infrastructure protection and policy.
(e) CRITICAL INFRASTRUCTURE DEFINED.--In this section, the term "critical
infrastructure" means systems and assets, whether physical or virtual, so vital to
the United States that the incapacity or destruction of such systems and assets
would have a debilitating impact on security, national economic security, national
public health or safety, or any combination of those matters.
*402 (f) AUTHORIZATION OF APPROPRIATIONS.--There is hereby authorized for the
Department of Defense for fiscal year 2002, $20,000,000 for the Defense Threat
Reduction Agency for activities of the National Infrastructure Simulation and
Analysis Center under this section in that fiscal year.
Approved October 26, 2001.
PL 107-56, 2001 HR 3162
END OF DOCUMENT
Copr. C9 West 2003 No Claim to Orig. U.S. Govt. Works
Bill of Rights Defense Committee
Page 1 of 7
HOME I ARTICLES I CA T ALOGUE I CONTACT US I DEMOCRACY I DONATE I FBI INFO I FLIERS I THE ISSUES I LABOR I
LEGlSLA TION I LIBRARIES I LINKS I LOCAL EFFORTS I ORGANIZA TIONS I PA TRIOT III RELIGIOUS ORGS I STA TES ,
STUDENTS I THREATENED COMMUNITIES I TOOLS I WHAT YOU CAN DO
Local Efforts
Check the list below to find out if a Civil Liberties Safe Zone resolution or ordinance is underway in your community. Red
type with underscore indicates a clickable link to email addresses and web sites; if your city is listed without a link, write to
us for contact information. View chronological list (PDF) or IDp-habeticallist by state (PDF) of communities that have
passed resolutions. If your city or town is not listed, it means that no one from your community has contacted us. Go to our
Tools pages to find out how to organize an effort, then contact us to add your city, town, or county to this rapidly growing
list.
Please help us restore civil liberties through grassroots efforts in communities nationwide!
indicates the three states and 211 cities, towns, and counties that have already passed
resolutions, ordinances, or ballot initiatives to protect the civil liberties of their 26,691,404
residents.
,__h..__ -- -- - - -- - - ---- -- - ___hmh_..__ _h.._.___m_ ----------- _____h_ ---- - - ....-- -- ------- -- -----.l
1 "Never doubt that a small group of thoughtful, committed citizens can change the world. i
! Indeed, it is the only thing that ever has." I
L.._..____mmm_________....m......_..__________...._..m_..___..__....___....:._~.~E_g_~E_~_~..~~~~________________....____ m. -___...._..___..___......_m........._m___.._.._.._....l
IDAHO NORTH CAROLINA Article
Asheville
Boone
Cabarrus Count):
.~
ALASKA (pop.
Boise (pop. 185,937)
Anchorage (Pop. 260,283)
Idaho County (Pop. 15,511)
Ordinance!
Moscow
North Idaho Article
Sand Point
("':'::,. Carrboro (pop. 16,782)
Chapel Hill (pop. 48,715)
Charlotte (Web); Email
Qn-Ed Article
Gustavus (pop. 450)
...::ih::;:...
. . Davidson (pop. 7,139)
Chicagq (pop. 2,896,016)
Greensboro (pop. 229,634)
Hendersonville
ILLINOIS
Durham (pop. 187,035)
North Pole (pop. 1,570)
Evanston (pop. 73,233)
Kane County
Normal
Oak Park Article
..::::{}:.:.:..
,iii",>: Orange County (pop.
118,227)
(Read article)
Polk County
Wake County Discussion list
Skagway (pop. 862)
INDIANA
Soldotna (pop. 3759)
http://www.borde.org/OtherLoealEfforts.htm
11/18/2003
Bill of Rights Defense Committee
.........................,.............................................................
.... .... - . .'.. . - --,- ,. .'..
ARKANSAS
Fort Smith
c.....,........._.....,.-."."........,.............,'..._............,.................,.......,...........,.,..............................~...,.....
ARIZONA
Bisbee (pop. 6,090)
Coconino County-
;(::\ Flagstaff (pop. 52,894)
Kingman
Pima County (Pop. 843,746)
Tucson (Pop. 486,699)
CALlFO RNIA
Albany- (pop. 16,444)
Anderson Article
.:~.
,.:. Arcata (Pop. 16,300)
Ordinance and Resolution!
Benicia Draft resolution (PDF)
Claremont (pop. 35,413)
Cotati (pop. 6,800)
Davis (Pop. 60,308)
EI Cerrito (pop. 24,044)
Emeryville (pop. 6,882)
Fairfax (pop. 7,319)
Fort Bragg
Fremont (web)
Fresno
Glendale (email); Web
Goleta (em ail); Web
Half Moon Bay
Bloomington (pop. 69,291)
Indianapolis
.....-................... .........-.........................................'...
....... .. -....... '....... . -......................."...,. - '.............
IOWA
Cedar FallslW aterloo
Iowa City
KANSAS
Dodge City
Lawrence (Web); Email Opinion:
5/24103, 6/13/03, 6/14/03, Article
North Newton
KENTUCKY
Lexington (Web)
Louisville
LOUISIANA
New Orleans
St. Tammany Parish
Slidell
MAINE
Bangor
Ellsworth
Qgunguit
Waldo County Article
"~',;:;':';':':- ..
,,::;::. Waterville (pop. 15,605)
.,............-. ...,.....,..~...._.,.,. ..................,......,............-.........-.,..........,.....-..,.....-.-..........-.,...-....
MARYLAND
Baltimore (pop. 651,154)
Greenbelt (pop. 21,456)
Montgomery County (pop.
873,341)
Prince George's County
....;::::~~;~::::....
}::::::::: Takoma Park (pop. 17,299)
..................,.,................................,.....,.,........................
...., . ...... d'., .. _ ..
http://www.borde.org/OtherLocalEfforts.htm
Page 2 of 7
OHIO
Athens
Bowling Green
Cleveland (email); Web
Cleveland Heights
Lima
Oberlin (pop. 8,195)
Oxford (pop. 21,943)
Stark County
'.-.'~...'"
f::"'::. Yellow Springs (pop. 3,761)
OKLAHOMA
Greater Oklahoma City- 6/16
article
Stillwater
Tulsa
OREGON
Ashland (pop. 19,522)
Astoria (pop. 9,813)
Corvallis (Pop. 49,322)
Eugene (Pop. 137,893)
Gaston (pop. 620)
Grants Pass: Draft resolution
Lane County (pop. 322,316)
Portland (pop. 529,121)
Port Orford (pop. 1,153)
Talent (pop. 5,589)
Washington County
PENNSYLVANIA
Allentown
Bethlehem
Easton
..~;::.::t.:::..
::::::-:::\ Lansdowne (pop. 11,408)
11/18/2003
Bill of Rights Defense Committee
Los Gatos (pop. 28,592)
Mill Valley (pop. 13,600)
Mountain View (pop.
70,708)
.."'::; Monte Sereno (pop. 3,483)
Mount Shasta
Nevada County
....:.;:::\:;:;..
)/\ Oakland (pop. 399,484)
Q.iti
Pacific Grove (pop. 15,522)
Palo Alto (pop. 58,592)
Pasadena Website
Petaluma
.'':
.(~,\ Pinole (pop. 19,039)
Placer County
Pleasant Hill
Pleasanton (pop.63,654)
Point Arena
Richmond (pop. 99,216)
Sacramento (Pop. 407,018)
Salinas (pop. 143,920)
San Anselmo (pop. 12,378)
San DiegQ (em ail); Web site
;.:......_:,..
San Francisco (pop. 776,
773)
MASSACHUSETTS
Amherst (pop. 34,874)
Arlington (pop. 42,389)
Ashfield (pop. 1,800)
Beverly
BiIlerica (web); Email
,'.;,.;.:.:.:.;.:.:.:.'
Brewster (pop. 10,094)
Brookline (pop. 57,1(7)
Cambridge (pop. 101,355)
Concord Article
Eastham (pop. 5,453)
Falmouth
Framingham Draft resolution
(PDF) Article
Greenfield
,'.;;:::::~i:::::;:...
.:",":;:. Leverett (pop. 1,663)
Lexington
Lincoln (pop. 8,056)
Manchester by the Sea
Marblehead Article
Martha's Vineyard
Medford
Newton (pop. 83,829)
Northam[!ton (pop. 28,978)
Orleans (pop. 5,838)
Pittsfield (pop. 45,793)
Wellfleet (pop. 2,777)
Wendell (Pop. 899)
Worcester: Draft resolution
,.,.,...,.:.-.;....,...,.:.......-.,.;...,...,...-.....-.-.-..................,.-.-...-.-...-.......,.,.-.................,.,'.,.-...,.....,.,.....-.,....,
MICHIGAN
Ann Arbor (pop. 114,024)
Detroit (pop. 951,270)
Kalamazoo (pop. 77,092)
http://www.borde.org/OtherLoeaIEfforts.htm
Page 3 of 7
Lehigh County,
Northampton County
.>~:::.::.:;:;:::...,
".." Philadelphia (pop. 1,517,550)
Perkasie Borough Article
Pittsburgh Email
'.;.:.;:'::::.;.;...'
,,:,,:<\ Reading (pop. 81,2(7)
Selersville Borough Article
State College
West Brandywine Article
York (Pop. 40,862)
..............................,..._~.............,..........~..~...,._._.,.......,..............-......................,..........,...............,.......
RHODE ISLAND
Charlestown
East Greenwich
Jamestown Editorial; Draft
resolution
.:0(..':
" Middletown (poJl. 17,334)
New Shoreham (pop. 1,(10)
Providence (web); Email Article
South Kingstown Article
..............,.....,.......................,...,...-.,.............,.............,.................,.,.........,.....,................,....,...............
SOUTH DAKOTA
Sioux Falls (Email); Web
........~................................~..................................-.-.~..........~...., .'. ............................-.-........... ~......
TENNESSEE (see State
Resolutions page)
Blount County (Pop. 105,823)
Chattanooga. Hamilton County
...,.....,.....:......,.....,.,....,.,.,......,.:...,..............~...,.,. ...,................,.........,...:.,.....,..... ...... ..,.','.
TEXAS
Austin (pop. 656,302)
Bastrop County
Dallas Metrop-Iex (Email); Web
Denton
EI Paso
Fredericksburg
Gillespie County
Houston (web); Email
San Antonio
Sari Marcos
.:.;::::;~;::;:;::;.
';:':'\ Sunset Valley (pop. 365)
11/18/2003
Bill of Rights Defense Committee
San Jose (pop. 894,943)
San Luis Obisp-o
,
)::.::\ San Mateo County (pop.
707,161) Web
San Pablo
San Rafael (pop.56,063)
San Ramon (pop. 44,722)
Saratoga (pop.29,855)
Sausalito
SebastoJ2Q1 (pop. 7,774)
Shasta Lake City Article
Soledad (pop. 11,263)
Sonoma (pop. 9,128)
Tehama County (pop.
56,039)
.::~
)::::; Ukiah (pop. 15,497) Article
on ordinance
"
~{c:i. Union City (pop. 53,762)
Ventura
Ventura County
Visalia Article
Watsonville (pop. 44,265)
West Hollywood (pop.
36,118)
.,:::/~:~:;;..
:,,::,:, Yolo County (pop. 174,815)
Meridian Township (pop.
39,116)
Southfield
Traverse City
Page 4 of 7
..,.-............-.....-.................,..,.....-..........,......,......-.......-.-.-....,................-.............
UTAH CivilDisobedience.org
Castle Valley (pop. 350)
Salt Lake City Article
...... ... ..........".......... ............................... ....... ............. ... T a y 10 rsvi lie
MINNESOTA
Duluth (pop. 86,918)
.,
Robbinsdale (pop. 14,123)
Saint Paul (Web); Email
...~............,............,.......,.................................-.........................................,......................................................
MISSOURI Coalition .~)
(Em ail)
Jackson County 6/17/03 Article
Kansas City; resolution (PDF)
City of St. Louis
~p-ringfield
):::, University City (pop. 37,428)
..,.....................................................-................,..........................-...............................'........,.....................
MONTANA
Dillon (pop. 4,147)
Missoula (pop. 57,053)
.......,.............................................................."...........,......................,........-.......................
NEBRASKA
Lincoln
York
..,.................,.......,.....,..........................,........~....... .....,...................,.............,... ...........,....,.....,...........
VERMONT (pop.
Brattleboro (pop. 12,000)
Burlington (pop. 38,889)
Dummerston (pop. 1,912)
Guilford (pop. 2,345)
Jamaica (pop. 946)
Newfane (pop. 1,680)
Rockingham (pop. 5,309)
Westminster (pop. 3,210)
Waitsfield (pop. 1,659)
Windham (pop. 328)
........, ..... '.' '.',','. ','. ',~',','.~'.' '.' ',..~'," ...,.... .... '.' ........ ..~.,. ~','.'. .....,..... .,.,....,...,.,...,...,...... ',','.
VIRGINIA
Alexandria (pop. 128,283)
Charlottesville (Pop. 45,049)
,....................,.."'....................................."'...............,............... Ha rris on burg Draft reso I u tion
(PDF)
NEV ADA Rockingham Draft resolution
(PDF)
................................................................................. Virginia Beach A rtic1e
http://www.bordc.org/OtherLocalEfforts.htm
11/18/2003
Bill of Rights Defense Committee
............................................................................ NEW HAMPSHIRE
Keene
COLORADO
Alamosa
Bayfield
P' Boulder (pop. 94,673)
Crestone (pop. 70)
Denver (pop. 554,636)
Telluride (pop. included in
San Miguel County)
CONNECTICUT
Bethany (pop. 5,040)
Bristol
::="'< Hartford (pop. 121,578)
Litchfield Article
Mansfield (pop. 20,720)
Guilford
'~:::::.;r::::':'-
r:::\. New Haven (pop. 123,626)
Redding
Stamford
Waterford.
West Hartford
Weston
Winsted
DELAWARE
Marlborough (pop. 2,009)
Peterborough (pop. 5,883)
NEW JERSEY
Phillinsburg
.~;.:':.;.;.;...;~.
/:~\. Princeton Borough (pop.
14,203)
33,(08)
Willingboro (pop.
NEW MEXICO (draft state
resolution)
Albuguergue (pop. 448,607)
Aztec
Bayard (pop. 2,534)
Farmington (pop. 37,843)
Grant County (pop. 31,002)
Las Cruces
}:::':;::: Los Alamos County (pop.
18,343)
".:.'.::.:::.:
}::.=:;:: Las Vegas (pop.14,565)
Santa Fe (pop. 62,203)
Silver City (pop. 10,545)
Socorro (pop. 8,618)
Taos (pop.4,700)
NEW YORK
Wilmington (pop.72,664) Albany (pop. 95,658)
Bath
................................................................................ Bethlehem T ownshin
....::/1:...
;;=::'::\" Canton (pop. 5,882)
FLORIDA
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WASHINGTON. DC (email)j
Discussion list
WASHINGTON
Bainbridge Island (20,308)
Bellingham (pop. 61,240)
Clallam County
}~;
':::':'''':. Jefferson County (pop.
25,953)
King County
Mt. Vernon
Okanogan County Article
Olympia (pop.42,514)
Oroville (pop. 1,653)
Port Townsend (Pop. 8,334)
Riverside (pop. 348)
Seattle (pop. 540,500)
Ordinance and resolution!
Snogualmie (pop. 1,631)
Tacoma, Draft resolution Article
::)"\ Tonasket (pop. 994)
Vashon-Maury Island (Pop.
10,500)
WEST VIRGINIA
Charleston
Huntington (pop. 51,475)
Lewisburg
Monroe County
WISCONSIN Discussion list
Douglas County (pop.
43,287)
Eau Claire
.:.::::::1:::::::;.
'::'::::\, Madison (pop. 208,054)
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Bill of Rights Defense Committee
Sarasota (pop. 52,715)
Tamlli!
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Elmira
Danby (pop. 3,007)
Dutchess County Email
Goshen
Hammondsport
'.',;.:::.,.:.;.;.;..,'
,::::':::::: Ithaca (pop. 29, 287)
Town of New Paltz (pop.
12,830)
.:.;::::.~:;:::::~.
y.:.:::, Village of New Paltz (pop.
.................... 6,034)
New York (email); Web site
Northern NY (from Northern
Adirondack Mountains to St.
Lawrence_ River)
Monroe
GEORGIA
Albany
Athens
Atlanta
Augusta
Macon
Savannah
Valdosta
HAW All (pop.
1,211,537, 1st statewide
resolution!)
Hawai'i County
Hilo Article in Honolulu
Advertiser
Honolulu (pop. 371,619)
..;.::::d~:::;:.:..
,:'''', Rosendale (pop. 6,352)
Schenectady (pop. 61,821)
Woodstock (pop. 6,241)
.....................................................................................
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Victories in three states and 211 cities., towns., and counties
Click here to see whether other people in your town are already working on a resolution.
View chronological list (PDF) or alphabetical list (PDF) of communities that have passed
resolutions.
_ "Never doubt that a small group of thoughtful, committed citizens can change the world.
Indeed, it is the only thing that ever has." - Margaret ~ead
Alachua County, Florida
On October 22, 2002, the Alachua County, Florida (Gainesville) County Commission unanimously (5-0) passed a resolution
in "Sup-p-ort of Civil Rights and Liberties for All Residents of Alachua County. " The two month campaign by the
Community Coalition Against War & Terrorism began with weekly leafleting and picketing at local bookstores and
libraries and culminated with a town hall meeting in civil liberties on Oct 19. From there, with the help of the local chapter of
the National Lawyers Guild, the coalition took the resolution to the county for its approval.
Albany, California
On April 21,2003, the Albany City Council passed a civil liberties resolution by a vote of 3 to 1 with I abstention.
We will post the resolution when we receive it.
Albany, New York
On May 19, 2003, the Common Council of the City of Albany, the capital of New York State, passed a resolution calling for
the repeal of the so-called USA Patriot Act. The draft bill was introduced by Council Member Dominick Calsolaro, and the
final version was co-sponsored by members Calsolara, James Sano and Richard Conti. The vote was 10-3, no abstentions.
We will post the final resolution soon. See illital News story.
Albuquerque, New Mexico
On September 15, 2003, Albuquerque's City Council unanimously passed a resolution making the city a civil liberties safe
zone and telling city employees they should do anything legally possible to protect basic rights, even if federal agents ask
them to do otherwise. See this article for more infom1ation.
Alexandria, Virginia
On November 11,2003, Alexandria's City Council passed a resolution expressing support for freedoms and liberties
guaranteed by the U.S. Constitution.
Amherst, Massachusetts
An Amherst-based activist group placed a resolution defending civil rights and civil liberties on the spring Town Meeting
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warrant. On Wednesday, April 24, Amherst Town Meeting voted overwhelmingly in favor of the resolution, which had the
unanimous support of both the Select Board and the Amherst Human Rights Commission.
. Read article Amherst Backs Civil Liberties.
. Read the resolution.
· See a p-ress release about Amherst's April I] public forum, "What's Happening to Civil Liberties in America?"
Anchorage, Alaska
On July 15, 2003, the Anchorage Assembly approved a resolution critical of the USA PATRIOT Act by a vote of 6 to 3. For
more information, visit the Anchorage Bill of Rights Defense Committtee's web site or contact Katy Parrish. See July 16,
2003. article in the Anchorage Daily News.
The council passed an updated resolution on July 7, 2003. See Associated Press article July 8, 2003.
Ann Arbor, Michigan
On January 7, 2002, Ann Arbor's City Council passed a resolution supporting due process, civil liberties, and human rights.
The efforts of the Ann Arbor Ad Hoc Committee for Peace precipitated passage of the resolution. Visit their web site for
lots of good links to related information.
The council passed an updated resolution on July 7, 2003. See Associated Press article July 8,2003.
Arcata, California
On April 2, 2003, Arcata's City Council adopted an ordinance to defend the Bill of Rights and civil liberties from the USA
PATRIOT Act. The 4 to 1 vote came after several months of community discussions, including a town hall meeting and
lively debate at regular city council meetings. The ordinance adopted last night is the first in the country and represents a
determination to actively protect residents of Arcata from any possible cooperation between the City and federal law
enforcement under provisions of the PATRIOT Act that are not in accord with the Bill of Rights and the Constitution. The
ordinance instructs management employees of thc city to not engage in or permit any unconstitutional detentions or profiling,
to not voluntarily cooperate with investigations or arrests in violation of individuals' civil rights or liberties, and to report to
the city manager and city council any requests for information or assistance that may be in violation of the Bill of Rights or
the FOUlieenth Amendment. Below (and in attachment) is the full text of the ordinance. For further information, contact Dave
Meserve, city council member, by em ail or at 707-822-1469. Read articles in San Francisco Chronicle and Washington
Post.
Arcata, California City Council voted on January 15,2003, to pass a Resolution to Defend the Bill of Rights and Civil
Liberties. Mayor Bob Ornelas opened the council session with a moment of silence commemorating Reverend Dr. Martin
Luther King Jr.'s 74th birthday before the council considered the resolution, drafted and introduced by recently elected
council member Dave Meserve. Passed by a vote of 3 to 0 with one abstention and one absence, the resolution identifies and
condemns the unconstitutional provisions of the USA PATRIOT Act and other Homeland Security legislation.
Humboldt Bay Veterans For Peace Chapter 56, of which Dave Meserve is an associate member, formally endorsed the
resolution, and several of the group's members gave impassioned testimony during the public comment session of last night's
city council meeting. The resolution denouncing the USA PATRIOT Act is intended to serve as the basis for a subsequent
ordinance that would explicitly instruct city law enforcement officials to refuse to follow any orders by state or federal agents
that appear to violate the U.S. Constitution or Bill of Rights. Instead, local officials would be required to notify the mayor,
the city manager and city attorney, giving the city the power to weigh the constitutionality of such orders and the
ramifications of following or not following them. See 3/22 article in the Times-Standard.
Arlington, Massachusetts
On June 11,2003, Arlington Town Meeting members approved a Resolution Regarding the USA PATRIOT Act and the
Protection of Civil Rights and Civil Liberties by a vote of 98 to 45 with 20 abstaining. Through its vote, Arlington became
the 123rd local government to pass such a resolution and the twelfth in Massachusetts. For more information, contact
Arlington United for Justice and Peace.
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Ashfield, Massachusetts
On June 21,2003, Ashfield's Town Meeting voted to pass a resolution calling for the protection of civil liberties and rights.
Ashland, Oregon
Ashland's City Council passed a civil liberties resolution by a unanimous (6-0) vote on February 18,2003. Read the
resolution on the city's web site. See article in the Mail Tribune (second article on page) and the Ashland Daily Tidings
12/19 article and 12/20 editorial.
Astoria, Oregon
On August 18, 2003, Astoria's City Council passed the 150th local resolution in the United States, and the eighth in Oregon.
It directs the Oregon delegation to U. S. Congress to work to repeal all laws that threaten civillibertics, requests thc City
Manager to instruct city employees to continue favoring practices and policies protecting rights and libertics guaranteed by
the Constitution, and declares Deccmber 15, thc fcderally dcsignated "Bill of Rights Day", as a day of formal city celebration
of the liberties and protections afforded by the Bill of Rights.
Athens, Vermont
On March 4,2003, Athens Town Meeting was one of II Vermont town meetings to approve a resolution to defend civil
liberties.
Austin, Texas
On September 25, 2003, Austin's city council passed a resolution opposing the USA PatIiot Act. For more information, see
this article or the Austin BORDC's website.
Aztec, New Mexico
On June 17,2003, the City Council of Aztec passed a resolution to protect civil liberties and the Bi\l of Rights.
Bainbridge Island, Washington
On May 28, 2003, after powerful remarks by several concerned citizens and Council members, and to a standing ovation, the
Bainbridge Island City Council quickly and unanimously approved a Resolution to Protect the Civil Rights and Liberties
of the People of Bainbridge Island. Washington. The emphasis during the presentation was on the responsibility of the
Council to make it their business to protect the civil rights of every citizen and to take a stand against real and potential
threats to those rights.
Read Council Member Bi\l Knobloch's remarks, May 30 article in the Sun, and June 2 article in the Bainbridge Island
Review.
For more information, visit the web site of the Bainbridge Island Bill of Rights Defense Committee or contact the
committee via email or phone: (206) 842-9582.
Baltimore, Maryland
On May 19, 2003, the Baltimore City Council approved an anti-PATRIOT Act Resolution on a voice vote with no "nays."
This result was due to the persistent effort of Councilmen Abayomj and Curran, who were among the prime sponsors of the
resolution and who are members of the Council committee that considercd and reported the resolution to the full Council.
Baltimore resident C. William Michaels, author of No Greater Threat, as among those who testified at the committee hearing
for the resolution. Michaels also added some final additional and clarifying language as it was in development. However, he
credits Patrice Webb at ACLU-DC and Meredith Curtis at ACLU-MD and representatives from other advocacy groups for
their consistent work. Read WBAL-TV stor)::.
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Bayard, New Mexico
On October 20,2003, the Bayard City Councilors unanimously passed a resolution "supporting the restoration of our
inalienable civil rights guaranteed by the United States and New Mexico constitutions." See this article for more information.
Beaverhead County, Montana
On April 29, 2003, the Beavertown County Board of Commissioners approved a resolution supporting the federal and state
constitution and the Bill of Rights against portions of the USA PATRIOT Act.
Bellingham, Washington
On March 24,2003, Bellingham's City Council approved a civil liberties resolution (PDF) by a vote of four to threc. Read
article in the Bellingham Herald. For more information, contact Mark Polin.
Benton County, Oregon
The Benton County Commissioners passed a civil liberties resolution on March 18,2003. See article in the Gazette-Times.
Go to the Benton County Bill of Rights Defense Committee's web site or send an email for more information. On March 4,
2003, Athens Town Meeting was one of II Vermont town meetings to approve a resolution to defend civil liberties.
Berkeley, California
Berkeley, California, became the tenth city on October 22,2002, thanks to the efforts of Councilmember Kriss Worthington
and his staff. Read the resolution and related documents (Acrobat Reader file) on the city's web site.
On February 5,2002, Berkeley's City Council voted to "send a letter to President George W. Bush concerning
infringements on the First Amendment, which have occurred since September 11, 200 I." The Council also had copies of the
letter sent to the city's other elected representatives, the ACLU, and the media.
Bisbee, Arizona
On October 21, 2003, Bisbee became the 200th Civil Liberties Safe Zone. Its City Council unanimously passed a resolution
expressing concerns that thc USA Patriot Act, passed by Congress weeks after Sept. II, 200 I, could infringe on the civil
rights of Bisbee residents and all US citizens."This is not a liberal or political issue It is a constitutional issue," Councilman
Den Nelson said. "This resolution is one way for us to say, 'we're here and we're vigilant'"
Bethany, Connecticut
On September 18,2003, the Bethany, Connecticut Town Meeting passed a resolution calling on the town's Board of
Selectmen and municipal employees to show "respect for civil rights and civil liberties. " It also calls on town officials and
employees not to assist in or cooperate with any investigations by the federal government that violate the civil rights of town
residents. See this article for more information.
Bloomington, Indiana
At a special council meeting on June 25, 2003, the Bloomington Common Council passed a resolution against the USA
PATRIOT Act by a vote of 7 -0- I. Bloomington is the first Indiana city to take action against the Act.
One councilor was out of town but had previously stated he was in support. The one abstention was from a Councilor who
has a tradition of refusing to support such resolutions as they are beyond the scope of what he sees are the responsibilities of
the Council. A more formal announcement will be coming soon, as well as links to news aI1icles and even a link to watch the
meeting through your computer. Congratulations go to Sean Bagley and Steps to Freedom. The text of the resolution (PDF')
can be read online on the Bloomington city government web site. See June 26,2003, stories on WISH-TV8 and in the
Indianarolis Star. For more information, visit the Bloomington Bill of Rights Defense Committee web site.
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Blount County, Tennessee
On February 27, 2003, the Blount County Commission approved a bill of rights resolution. Read June 17.2003. article in
the Daily Times (Maryville, TN).
Boise, Idaho
Boise's City Council passed a resolution expressing support for the rights and liberties of its residents on October], 2003.
Boulder, Colorado
On July 23, 2002, Boulder's City Council unanimously passed a Human Rights Resolution, modeled after the resolution
passed in March by Denver's City Council. Read the Rocky Mountain News article, Boulder council snubs terror act.
The Rocky Mountain Peace and Justice Center worked with members of the Boulder City Council and the chief of police
on the effort. The I-Iuman Relations Commission approved the resolution at their meeting on June 17th, and voted to send it
on to the City Council. The Chief of Police endorsed it, as did the City Attorney and the District Attorney. See article in the
Colorado Daily June 12, Cit), could challenge feds. Boulder would join Denver and Portland in gassing resolution
critical of U.S.A. PATRIOT Act.
Bozeman, Montana
On September 2, 2003, Bozeman city councilors voted 3-2 to pass a resolution opposing the Patriot Act. See this article for
more information.
Brattleboro, Vermont
On February 4, 2003, Brattleboro's selectboard voted 4-] to adopt a Citizen's Resolution to defend the Constitution.
Congratulations go to Kris Parker and the other members of Brattleboro's Bill of Rights Defense Committee. Read the article
in the Brattleboro Reformer February 5,2003, Board adopts civil rights resolution. The Brattleboro group helped eleven
other Vermont communities to put civil liberties resolutions on their town meeting warrants. All eleven approved their
resolutions at their Town Meetings on March 3 and March 4. A short version of Brattleboro's resolution was put on the Town
Meeting Warning, and it was approved by a majOlity of voters.
Brewster, Massachusetts
On November 17,2003, at Brewster's Fall Town Meeting, reesidents voted with a strong voice vote to pass a resolution
against the Patriot Act and related legislation.
Brookline, Massachusetts
On May 29, 2003, Brookline Town Meeting ovelWhelmingly approved a resolution (Article 17) on civil liberties. The vote
was 164 in favor to 24 against. The coalition of community members who drafted and supported the resolution plan to
encourage other nearby towns to take similar action.
Broward County, Florida
On May 6, 2003, the Broward County Commission unanimously approved a civil liberties resolution. The county is the
largest, in population, to be covered by such a resolution to date. The Broward Bill of Rights Defense Coalition, which
supported the resolution's passage, includes the following member organizations: Broward County Chapter of the American
Civil Liberties Union, The March for Justice, Community Outreach Committee of the Unitarian Universalist Church of Fort
Lauderdale, League of Women Voters of Broward County, Humanists of Broward County, Americans United for Separation
of Church and State, Broward Antiwar Coalition, Network of Arab-American Professionals of Florida, Hispanic Unity,
Broward Citizens for Peace and Justice, Broward Green Party, Citizens for Democracy, South Florida Human Rights
Council, Foundation for Social Justice, Libertarian Party of Broward County, and People for the American Way. For more
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information, contact jvb@truthout.org.
Burlington, Vermont
On December 2, 2002, the Burlington City Council passed a resolution by a vote of 10 to 2, with 2 council mcmbers absent.
Sponsors wcre Doug Dunbcbin and Richard Kemp.
To hclp educatc the city councilors, and to prove that civil liberties is a local issue, thcy invited librarians to speak at a
Council meeting prior to introducing the resolution. The Vermont Library Association had already written a letter to
Vermont's Congressional delegation asking them to repeal the parts of the Act that affect libraries. The local library
Commission endorsed our resolution. They also prepared a reference materials packet for councilors. Highly recommended:
The packet contained a letter from the Burlington Police Department, stating that the department would not oppose the
resolution. The sponsors approached the Police Chief early to make sure she would not come out publicly against the
resolution.
Cambridge, Massachusetts
On June 17,2002, the Cambridge City Council passed a civil liberties resolution. See the June article in The Boston
Phoenix about the effort.
On March ]6, the Cambridge Peace Commission and the Cambridge chapter of United for Justice With Peace hosted a
concert that celebrated the songs that Clear Channel Communications had asked its radio stations not to play post-September
II. Three hundred people attended the live concert at the Cambridgc YMCA, at which the hosting organizations also began a
petition campaign to urge City Council to adopt a resolution to make Cambridge a "sanctuary city" for civil liberties. The
City Council's vote is expected within the next few months.
Canton, New York
On August 18, 2003, the Board of Tmstees of the Village of Canton, New York passed a resolution urging Canton's
congressional delegation to work towards the repeal of some provsions of the USA Patriot Act.
Carrboro, North Carolina
Carrboro became the first town in North Carolina to respond to threats to the Bill of Rights of the Constitutions of the United
States and North Carolina, when its Aldermen unanimously passed a resolution on June 25, 2002. The Orange County Peace
Coalition is sponsoring a petition to take to other local elected bodies in the county for similar action. Read April 27, 2003
ABC News transcript.
Castle Valley, Utah
On February 19,2003, Castlc VaHey's town council voted unanimously in favor of a civil liberties resolution, becoming the
first local government in Utah to do so.
Chapel Hill, North Carolina
On October 8, 2003, Chapel Hill's City Council unanimously passed a resolution opposing the Patriot Act. Council members
agreed to encourage state and federal legislative delegations to work for the repeal of the Patriot Act.
Charlottesville, Virginia
On July 21, 2003, Charlottesville became the first municipality in Virginia to pass a civil liberties resolution when its city
council voted 4-1 in favor of a the measure. We will post the resolution when we receive it. Read the July 22 article in The
Daily Progress. For more information, contact rlcva@aol.com.
Chicago, Illinois
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On October 1,2003, Chicago, the third largest city in the US., passed a resolution affirming the rights and liberties of its
residents and calling on the delegation representing Chicago in the federal government to work for the repeal of those
sections of the Patriot Act which violate rights and liberties guaranteed by the Bill of Rights. The resolution passed 37 -7. See
this article about Chicago's victory.
Claremont, California
On February 11,2003, Claremont's City Council approved a resolution that affirms the civil rights of all city residents. City
Councilor Sandra Baldonado was the resolution's sponsor. Read the February 12 Daily Bulletin article.
Contra Costa, California
On June 3, 2003, the Contra Costa County Board of Supervisors approved a civil liberties resolution by a 4-0 vote. The
Contra Costa County communities of EI Cen-ito, Pinole, and Richmond had previously passed resolutions. Read the June 4
article in the Tri-Valley Herald.
Corvallis, Oregon
Corvallis's City Council approved an anti-PATRIOT Act resolution on April 21, 20CH, by a vote of? to 2. The resolution,
based on a draft by the Benton County (OR) Bill of Rights Defense Committee, will be posted as soon as we receive it. Read
the article in the Corvallis Gazette Times.
Cotati, California
Cotati, in Sonoma County, became the 50th community to pass a resolution on February 26, 2003. The City Council was
unanimous in approving the resolution, and their speeches in favor of it were among the most stilTing. We will post the
resolution when we receive it.
Crestone, Colorado
On February 24, 2003, Crestone's Board of Trustees passed a civil liberties resolution unanimously (5-0). The community
committee, led by Dan Bishop, will introduce a similar resolution to the Saguache County Commission in March 2003.\
Danby, New Yok
The Danby Town Board unanimously passed a resolution urging Congress to repeal the Patriot Act on October 13, 2003. Sec
this article for more details.
Davidson, North Carolina
On November II, 2003, Davidson's City Council passed a resolution calling on its municipal employees and all private
citizens - including residents, employers, educators, and business owners - to continue demonstrating respect for
Constitutional rights and liberties.
Davis, California
On February 12,2003, the Davis City Council voted unanimously in favor of a resolution against the USA PA TRIOT Act.
The resolution is posted on the city's web site.
Denver, Colorado
On March 18,2002, Denver's City Council passed its first civil liberties resolution (pDF) proposed by the All Nations
Alliance, a multi-racial coalition dedicated to social justice. Member organizations include Escuela Tlatelolco, the American
Indian Movement of Colorado, End the Politics of Cruelty, the Chiapas Coalition, the American Friends Service Committee,
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the Colorado Anti- Violence Program, the Dandelion Center. The resolution passed the week after the ACLU made the
discovery that Denver police had collected 3400 secret files on protestors' activities. See articles in Rockv Mountain New!i.
See July 24, 2002, article, Denver 'sp-y files' to be released, in the Colorado Daily. For more infomlation on the case,
including a chronology, go to the ACLU of Colorado's web site, or see 12/I 8/02 Denver Post article, fun'ing Called Unjust
and the Rocky Mountain News article, Spying Lacked Consistent Rules.
Detroit, Michigan
On December 6,2002, the Detroit City Council unanimously passed a resolution to protect civil liberties.
Dillon, Montana
On April 16, 2003, the Dillon City Council unanimously approved a resolution against the USA PATRIOT Act. The city's
sheriff and police chief both received ovations for the their support of the resolution.
Douglas County, Wisconsin
On May 15, 2003, the Douglas County Board of Supervisors approved Resolution 59-03 affirming that any efforts to end
terrorism should not be conducted at the expense of fundamental lights and liberties. The resolution also includes a provision
requesting lawmakers to actively work to repeal sections of the USA Patriot Act that threaten the essential rights and liberties
of all Americans. We will post the resolution when we receive it.
Dublin, California
On April 16,2003, the Dillon City Council approved a resolution by a vote of 3 to 2. For more infornlation, visit the Save
Our Rights web site.
Duluth, Minnesota
On July 14, 2003, the City Council of Duluth approved a resolution by a vote of7 -2.
Durham County, North Carolina
On September 22, 2003, the Durham Board of County Commissioners voted to pass a resolution voicing concern that new
laws may threaten several essential rights guaranteed to Durham County residents. The resolution asks Congress to conduct
hearings regarding the appropriateness of the provisions of the Patriot Act, and to look into any potential abuses that may
have occurred under the authority of the Patriot Act. The resolution also asks Congress to consider modifying or repealing
portions of the Patriot Act.
Durham, North Carolina
On October 20, the city of Durham, North Carolina passed a resolution protecting civil liberties of its residents, and
directing police not to use racial profiling.
Dummerston, Vermont
On March 4, 2003, Dummerston Town Meeting was one of II Vermont town meetings to approve a resolution to defend
civil liberties.
Durango, Colorado
On July I, 2003, the Durango City Council unanimously approved a resolution in defense of civil liberties and
constitutional rights (PDF) just passed this evening by a unanimous vote. Congratulations go to the Southwest Citizens
Peace and Justice Coalition. See July 2. 2003. article in the Durango Herald.
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Eastham, Massachusetts
On May 5,2003, Eastham Town Meeting, on Cape Cod, approved a civil liberties resolution by more than a two-thirds
majority. For more information, contact mungbean54@hotmail.com.
EI Cerrito, California
On March 17, 2003, EI Cen-ito's City Council passed a Resolution in Support of the United States Constitution and the Bil1 of
Rights in rcsponse to the USA PATR10T Act. The vote was 3-0 with two members absent. This was accomplished by efforts
of individual local citizens, the ACLU, Democratic Club, the Green Party, AND a City Council that appears to be leading the
community in support of these principles. We will post the resolution when it is available.
Emeryville, California
On May 6,2003, Emeryville's City Council, by a vote of 3-1 passed a resolution supporting the U.S. Constitution and the
Bil1 of Rights.
Eugene, Oregon
On November 25, 2002, Eugene's City Council became the 15th local government body to pass a resolution in defense of
civil liberties. The vote was unanimous with one councilor absent. Read the story in the Register-Guard or on the Lane
County Bill of Rights Defense Committee's web site. The web site also links to the final resolution in HTML and PDF
formats. The committee's email address is Icbordc@efn.org.
Evanston, Illinois
On May 19th, the Evanston City Council passed a resolution calling for the full repeal of the USA PATRIOT Act by a
vote of 6-0 (1 abstention and 2 not present), making it the first town in Illinois to pass such a resolution. The resolution's
progress through two subcommittees and the full council was made possible by the efforts of local concerned citizen-activists
engaging in grassroots democracy. The Evanston Civil Liberties Coalition and Evanston Neighbors for Peace worked
especial1y hard on this project. Read article in the Pioneer Press and the Daily Northwestern. For more infornlation, contact
ccdbr@pobox.com.
Fairbanks, Alaska
By a unanimous vote, Fairbanks's City Council passed a resolution to defend the Bill of Rights and civil liberties on
January 6, 2003. Read the story in the News-Miner. The Fairbanks Bill of Rights Defense Committee's website is
http://bordc-fairbanks.org[. The committec is currently raising money to send a representative, Mike Lawless, to Juneau to
meet with state legislators and to lobby for a state resolution. See March 31 article in the Daily News-Miner.
Fairfax, California'
On January 7, 2003, the Fairfax Town Council passed a resolution defending civil liberties by a vote of 4 to 1. Daniel
Ellsberg was among those who spoke in favor of the resolution. Three town councilors also voiced strong support.
Congratulations go to Valeri Hood and her committee.
Farmington, New Mexico
On August 19,2003, the same day John Ashcoft kicked off his tour defending the Patriot Act against grassroots America,
Farmington's city council voted unanimously on a resolution directing the New Mexico dlelgation to Congress to review
portions of the Patriot Act that limit civil liberties.
Flagstaff, Arizona
On December 17, 2002, Flagstaffs City Council passed a civil liberties resolution by a 4-3 vote, despite lobbying against the
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resolution by the Chamber of Commerce. Congratulations go to the Flagstaff Justice and Peace Coalition. Contact is Norm
Wallen.
For a good account of the resolution campaign, see these articles in the Las Vegas Mercury, the Arizona Daily Sun on
December 17,2002 and December 18.2002, and in the New York Times.
Fort Collins, Colorado
On March 26,2003, the Fort Collins City Council approved a civil liberties resolution by a vote of 4 to 3. Congratulations
go to the Bill of Rights Supporters of Fort Collins.
Gaston, Oregon
On April 9,2003, Gaston's City Council approved a civil liberties resolution by a vote of 7 to O. City Councilor Michael
Slocum sponsored the resolution.
Grant County, New Mexico
On October 10, 2003, Grant County, New Mexico's County Commission unanimously passed a resolution Thursday calling
for greater protection of citizens' civil liberties. The county joins the other New Mexico cities of Las Vegas, Santa Fe,
Socorro, Aztec, Farmington, Taos and Albuquerque, plus Rio Arriba County and the New Mexico Mlmicipal League, which
have all approved resolutions against the Patriot Act.
Greenbelt, Maryland
On October 28, 2003, Greenbelt's City Council approved sending a letter to its congressional delegation expressing support
for civil liberties and approved a new policy directing city employees to not comply with the Patriot Act. The Greenbelt Bill
of Rights Defense Coalition is responsible for the organizing that pushed the city council to adopt these measures.
Greensboro, North Carolina
On May 20,2003, the Greensboro City Council passed an Anti-Patriot Act Resolution. Congratulations go to the
Greensboro Bill of Rights Defense Committee chaired by John D. Young.
Gustavus, Alaska
The Community Council of Gustavus passed a Resolution to Defend the Bill of Rights and Civil Liberties on February 13,
2003. .
Guilford, Vermont
On March 4,2003, Guilford Town Meeting was one of 11 Vermont town meetings to approve a resolution to defend civil
liberties.
Hayward, California
On July 29, 2003, the Hayward, California City Council passed a resolution drafted by the Library Commission opposing a
portion of the federal act that makes it easier for federal agencies to search library records and monitor computer use. It also
reaffirms city support of user privacy, freedom of information and diversity, and shows concern for racial, ethnic and
religious profiling in investigations. See this article for more.
Hartford, Connecticut
The Hartford City Council passed a resolution on May 5, 2003. We will post the resolution when we receive it.
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Homer, Alaska
On May 12, 2003, Homer's City Council passed a resolution affirming Homer's support of constitutional rights and calling
upon the "employees of all City departments and agencies to continue to actively uphold and defend citizens 0 civil rights
and civil liberties as specified in the Bill of Rights and the Fourteenth Amendment of the United States Constitution."
Honolulu, Hawaii
On July 2,2003, the Honolulu City Council approved Resolution 03-168 reaffirming the Bill of Rights vis-a-vis the USA
PA TRIOT Act by a vote of 7-2. The resolution was introduced by Ann Kobayashi and passed out by Romy Cachola's
Executive Matters Committee. Contact for more information.
Huntington, West Virginia
On October 13, 2003, The Huntington, West Virginia City Council voted 6-5 to pass an ordinance which prevents local law
enforcement and government agencies from performing searches without a walTant and questioning someone because of their
race, religion, gender, age or ethnic origin. See this article for more information.
Idaho County, Idaho
On September 22,2003 the Idaho County Commissioners passed an ordinance. We will post it here when available.
Ithaca, New York
Ithaca's Common Council voted unanimously in favor of a resolution op-[!osing the USA PATRIOT Act on February 5,
2003. Alderperson Daniel Cogan was the resolution's sponsor. The resolution sends a strong message to the city's senators
and representative. At a public forum in February 2002, Representative Maurice Hinchey (D-NY) apologized to his
constituents for voting for the PATRIOT Act: "It was a mistake, a vote we were forced to make. There was no hearing or
examination." Read articles in the Cornell Sun on February 6, 2003, and January 29, 2003, in the Ithaca Journal, and the
Ithaca Times. Read article, Protestors stress patriotism in dissent. See May 2,2003, article in Cornell Daily Sun, FBI
Resp-onds to PATRIOT Act Resolution, the letter sent to the cit): (PDF) by an FBI Special Agent in Charge, and the
Justice Dep-artment's letter (PDF) from the Chief of the CountertelTorism Section eNB: This section is within the Criminal
Division).
Jamaica, Vermont
On March 4, 2003, Jamaica Town Meeting was one of 1] Vermont town meetings to approve a resolution to defend civil
liberties.
Jefferson County, Washington
On June 9, 2003, the County Commissioners of Jefferson County approved a resolution affirming the county's
commitment to [!rotecting the civil rights and liberties of its residents. For more information, contact.
Juneau, Alaska
On April 28, 2003, the City and Borough of Juneau, Alaska Assembly approved Resolution 220 I, A Resolution
Establishing Assembly Policy With Respect to Federal Antiterrorism Legislation, by a vote of 6 to I. A PDF version of
the resolution is also posted on the city's web site. Read A[!ril 29.2003, article in Juneau Em[!ire.
Kalamazoo, Michigan
On October 6,2003, the Kalamazoo City Commission voted 5-2 to pass a resolution called the Civil Liberties Act
supporting civil liberties. See this article for more information.
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Kenai, Alaska
On May 21, 2003, the day that the Alaska state legislature finalized approval of its resolution, the governing body of Kenai
passed its own resolution. We wil\ post more information and the resolution as soon as we receive it.
Lake County, California
On July 8,2003, the Lake County Board of Supervisors approved a resolution protecting and defending the Bill of Rights
and the Constitution of the United States of America. The vote was 4-0 with one abstention.
Local organizers from Peace Action Lake County gathered over a hundred names days prior to the vote, which they presented
to Supervisor Ed Robey who introduced thc resolution and shepherdcd it through passage. For morc information, contact
fupatia Popol.
Lane County, Oregon
On July 2, 2003, the Lane County Board of Commissioners voted 4-1 to accept the resolution presented by the Lane County
Bill of Rights Defense Committee (with minor modifications). The City Council of Eugene, in Lane County, passed a
resolution in November 2002.
According to I-lope Marston of the Lane County BORDC, "In passing the resolution, thc county government took a stand to
protect human rights:
1. To use no county tax dollars to support the USA PATRIOT Act (UPA)and other violations of our Constitutional
guarantees
2. To urge Oregon's Congressional delegation to repeal the UPA
3. To urge Orcgon's State Legislature to pass a resolution
4. To establish rep0l1ing every 90 days within the county of any attempts by thc federal government to use county
resources to enforce these abrogations of our civil liberties. "
Read July 3, 2003, articles in KA TV News story-. and the Register-Guard.
Lansdowne, Pennsylvania
On May 21,2003, the Lansdowne Borough Council approved a Resolution declaring Lansdowne a "Bill of Righli
Protection Zone" by a vote of 6 to I. For more information, please contact Norman Council. See June 10 article in
Philadelphia Inquirer.
Las Vegas, New Mexico
On September 17,2003, the Las Vegas, New Mexico city council voted unanimously to pass a resolution protecting the civil
liberties and rights of its citizens.
Leverett, Massachusetts
On April 27, 2002, the people of the Town of Leverett, Massachusetts, during their 228th Annual Town Meeting, passed by
unaminous voice vote Article Twenty-one, cal\ing on their local government to act in defense of state and federal
Constitutions from the threats imposed upon them by the so-cal\ed "Patriot" Act. Read the resolution.
In introducing the warrant article, Leverett resident Ann Ferguson noted, "I think we have a long legacy in New England of
defending our civil liberties. This resolution extends that history into the present."
Don Ogden, who initially submitted the article to the Select Board, said following the vote, that "citizens of the United States
would do well to look beyond the headlines in the corporate media. The devil real\y IS in the details of this so-called USA
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PA TRIOT Act. It and similar far-right legislative initiatives are nothing short of an outright assault on the U.S. Constitution.
It is truly Orwellian double-speak to call such UNPATRIOTIC efforts a 'Patriot Act.' If the American people do not speak out
against such anti-democratic efforts, they will only have themselves to blame when they, their children and grandchildren
wake up in a totalitarian police state."
Lincoln, Massachusetts
On April 4, 2003, residents of Lincoln approved a resolution to restore key civil liberties and rights by an overwhelming
margin. Congratulations go to Kati Winchell. The slides that she presented at the Town Meeting are available upon request
from Ms. Winchell.
Livermore, California
On July 28,2003, Livermore, California's city council passed a resolution in support of those passed by the American
Library Association and the California Library Association concerning the USA Patriot Act and supporting the Freedom to
Read Protection Act (H.R. 1157)
Los Alamos County, New Mexico
On October ]4,2003, the Los Alamos County Council unanimously passed a civil liberties resolution.
Los Gatos, California
On March 17,2003, the Town Council of Los Gatos, by a unanimous vote, approved a civil rights and civil liberties
resolution.
Madison, Wisconsin
On October 15, 2002, Madison's City Council passed a strongly worded civillibel1ies resolution by a vote of 17 to 2 with one
abstention. Congratulations go to the Madison Area Peace Coalition and Madison's high school organization, Students for
an Informed Response.
. Read the resolution.
· Read CounterPunch article, Citizens Blast Patriot Act. Madison Passes Civil Liberties Resolution, by Michael
Leon.
· Read the Badger Herald article, Council condemns USA Patriot Act, by Shivan Gulati.
· Read Madison Capital Times editorial, USA Patriot Act Needs Dismantling.
Mansfield, Connecticut
On January 13, 2003, the Town Council of Mansfield unanimously approved a resolution.
Marlboro, Vermont
On March 4, 2003, Marlboro Town Meeting was one of II Vermont town meetings to approve a resolution to defend civil
liberties.
Marin County, California
On May 6,2003, the Marin County Board of Supervisors voted 4 to ] to pass a resolution against the PATRIOT Act. The
resolution was driven by a supervisor. We will post the resolution and more information when we receive it. The Marin
County communities of Fairfax and San Anselmo preceded the county in passing resolutions. For more infonnation, email
bertmbartsch@earthlink.net. Read article in Marin Inder-endent Journal.
Mendocino County, California
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On April 22, 2003, the Mendocino County Board of Supervisors joined the Mendocino County communities of Point Arena
and Ukiah by approving a civil liberties resolution by a vote of 4 to I. After hearing all the public testimony and receiving
the petition with 3,000 signatures on it, the Supervisors were visibly moved and approved the resolution without changing
one word. Congratulations go to the Mendocino County Bill of Rights Defense Committee.
Meridian Township, Michigan
On September 16, 2003, Meridian Township's local goveming body approved a civil liberties resolution by a vote of 7 to O.
Congratulations go to the Capital Area Freedom Defense Coalition (CAFDC) headed by Stacy Hickox and assisted by
Henry Silverman. We will post the resolution when we receive it.
Middletown, Rhode Island
On November 4, 2003, voters in Middletown, Rhode Island approved a ballot guestion directing Middletown's congressional
delegation to monitor the USA Patriot Act and prevent "the unfair infringement on fundamental rights and liberties
guaranteed by the Constitution." See this article for more information.
Mill VaHey, California
On April 7,2003, Mill Valley's City Council voted unanimously for a strongly worded resolution to defend the Bill of Rights.
We will post the resolution when we receive it.
Minneapolis, Minnesota
On April 4, 2003, the City Council of Minneapolis approved a Resolution Defending the Bill of Rights by a vote of II to 2.
For more information, visit the web site of the Minneauolis Bill of Rights Defense Committee. See story in the Minnesota
Daily.
Missoula, Montana
On February 24,2003, the City Council of Missoula unanimously approved a Resolution on Civil Rights. Ward 3 City
Councilor John Torma sponsored the resolution. Read article from The Missoulian.
Monte Sereno, California
On June 17,2003, the Monte Sereno, Califomia city council passed a resolution expressing the city's commitment to civil
rights and civil liberties, and directing its local law enforcement to continue to preserve and uphold residents' freedoms of
speech, assembly, association and privacy.
Montgomery County, Maryland
On September 30, 2003, The Montgomery County Council passed a resolution 8-1 expressing support for civil liberties and
rights. The resolution supports legislation to modify those provisions of the Act that undermine the fundamental rights and
liberties guaranteed by the U.S. and Maryland constitutions.
Montpelier, Vermont
The City Council of Montpelier (capital of Vermont) approved a civil liberties resolution by a vote of 4 to 2 on January 15,
2003. The City Council placed the issue on the city's March 4 ballot for the city's voters to consider, and the voters approved
it.
Mountain View, California
The City Council of MountainView, Califomia unanimously voted on September 16,2003 to direct library personnel, city
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contractors and other city staff, as appropriate, not to voluntarily provide city records to Federal officials and to contact the
City Attorney if asked to participate in such activities; and direct the City Attorney to challenge any request for City staff or
contractors to comply with certain provisions of the Act that appear to be in violation of Constitutional provisions regarding
unreasonable searches and seizures. Congratulations to Mountain View Vokes for Peace for their victory I
Newfane, Vermont
On March 4,2003, Newfane Town Meeting was one of 1 I Vermont town meetings to approve a resolution to defend civil
liberties.
New Haven, Connecticut
On December 2, 2002, the New I-laven Board of Alderman passed a Resolution to Defend the Civil Rights and Civil
Liberties of the People of New Haven that was introduced by the city's Peace Commission. Before the vote was taken, a
number of aldermen rose to speak about the dangers of the bill and castigated the efforts to attack constitutional rights under
the guise of "national security." See the Yale Daily News article, City aldermen affirm civil liberties of residents,
Advocate article, New Haven's Board of Aldermen: true patriots, and CTNow article, Legality of Patriot Act
Questioned.
New Shoreham
On September 17,2003, New Shoreham became the first Rhode Island community to pass a resolution denouncing the
Patriot Act.
Town ofNewPaltz, New York
The Town Board of New Paltz unanimously approved a resolution upholding civil liberties on February 27, 2003. Steve
Greenfield and 9-11 Peo(!kAgainst Racism organized support for passage of the resolution and for a similar one passed
two weeks earlier in the Village of New Paltz (see below).
Village of New Paltz, New York
On February 12, 2003, the Trustees of the Village of New Paltz, New Y ork, pa~sed a resolution with a vote of 5-0 with no
abstentions. Steve Greenfield and 9-11 Peon Ie Against Racism organized community support for passage of the resolution.
Newton, Massachusetts
On August II; 2003, the Newton, Massachusetts Board of Alderman unanimously passed a resolution supporting civil
liberties. "All we have done tonight is exercise the rights that our country was founded upon," said Alderman Sydra
Schnipper. "If we feel that our government has gone too far, it is our right to stand up and be counted and tell them so." See
the Newton Tab article, Board Favors Anti-Patriot Act Resolution or the Boston Globe article, Resolution Affirms Rights
in Face of Terror Prevention for more information.
Northam pton, Massachusetts
On May 2,2002, the City Council of Northampton, Massachusetts, unanimously passed a resolution to defend the Bill of
Rights. Read the Dailv Hampshire Gazette article or the press release.
For a summary of the purpose of the resolution, with quotes from its sponsor, City Council President Michael Bardsley, and
members of the Northampton Bill of Rights Defense Committee, read the article Councilor to seek rights' protection.
To prepare for the City Council vote, the Northampton Bill of Rights Committee did the following:
· Held a "Town Meeting" on the issue on February 4, 2002, featuring a panel and open forum, which 400 people
attended. Read articles in the Dailv Hampshire Gazette and Smith College Sovhian.
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· Circulated a petition addressed to city government about the issue. Read the netition online (also available in
Snanish)
· Worked with Northampton City Council to draft the resolution.
North Pole, Alaska
On April 21,2003, North Pole's City Council passed a resolution that guestions the USA PATRIOT Act by a vote of 7 to
O.
Oakland, California
The Oakland City Council passed the nation's 20th resolution by a 7-1 vote at its December 17,2002, meeting, in the early
morning hours of December 18. City Council member Nancy Nadel introduced the resolution. The effort was led by the
Oakland Civil Rights Defense Committee, led by Judith Haney, and was endorsed by the following local organizations:
Labor Immigrant Organizing Network (LION), Paul Robeson Chapter of the ACLU, ACLU-NC, National Lawyers Guild
(NLG), Lawyers Committee for Civil Rights, Centro Legal De La Raza, American-Arab Anti-Discrimination Committee San
Francisco Bay Area Chapter (ADCSF), Oakland Public Library Advisory Commission, Critical Resistance, UA W Local
3030, Green Party of Alameda County, Lake Merritt Neighbors Organized for Peace (LMNOP), Peoples Non Violent
Response Coalition (PNVRC), California Women's Agenda (CA W A), Filipinos for Affirmative Action, Asian Pacific
Islander Legal Outreach, Electronic Frontier Foundation, National Organization for Women - OaklandlEast Bay (NOW),
Berkeley Women In Black, Alameda County Peace and Freedom Party, and African Peoples Solidarity Committee.
View coverage in Oakland Tribune Deccmber 12 and Decembcr 19; San Francisco Chronicle December 16 and Dcccmber
18; and ABC News.
Oberlin, Ohio
On September 15,2003, the city of Oberlin, Ohio passed a rcsolution reaffirming rights guaranteed by the U.S. Constitution
and urging the city administration and its citizens during the course of their daily life to be guided by the collective
responsibility and obligation of safeguarding the Constitutional protections afforded all people of Oberlin.
Olympia, Washington
On October 28, 2003, Olympia's City Council unanimously passed a resolution protecting the rights and liberties of
residents. See this article for more information. Thank you to the Thurston County Chapter of the ACLU for spearheading
this effort.
Orange County, North Carolina
On May 20, 2003, the Board of Orange County Commissioners unanimously (5-0) approved the Resolution Protecting Civil
Rights and Civil Liberties and Opposing Portions of the USA FA TRIOT ACT (PDF). Orange County includes Carrboro,
which passed a resolution on June 25, 2002. The resolution was introduced by the County's I-Iuman Relations Commission
and followed months of public education and a town meeting sponsored by the Orange County Bill of Rights Defense
Committee, which more than 150 people attended on March 20, the day after the invasion of Iraq was launched. Read article
in Daily Tar Heel.
Orleans, Massachusetts
On May 12,2003, Orleans Town Meeting passed a civil liberties resolution (PDF).
Oroville, Washington
In the spring of 2003, Oroville passed a resolution supporting the constitutional rights of its citizens. See this article for
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more information.
Oxford, Ohio
On August 19,2003, the Oxford city council voted 6-1 to pass a resolution affirming the civil rights of all residents of
Oxford.
Pacific Grove, California
On August 20, 2003, the Pacific Grove city council passed a resolution opposing the Patriot Act
Palo Alto, California
On June 2, 2003, Palo Alto's city council approved a resolution opposing the USA PATRIOT Act. Read article in MercurI
News.
Peterborough, New Hampshire
On March 15, 2003, Peterborough's Town Meeting passed a civil liberties resolution (PDF, Article 10) after an hour of
debate.
Philadelphia, Pennsylvania
The Philadelphia City Council approved a civil liberties resolution on May 29, 2003, by a vote of 13 to 3. Through its
action, Philadelphia became the largest city with this distinction. See articles in Washington Post and Reuters.
One of the most dramatic moment in the debate was when Councilman David Cohen introduced Hiro Nishikawa, a survivor
of a Japanese internment camp during World War II, who was present to SUppOlt the resolution. "Hiro Nishikawa's
experience is a stark reminder of dark days in our nation's history. We must not allow the government to trample our civil
liberties under the cloud of war," says Iftekhar Hussain, Secretary General of the American Muslim Society of Pennsylvania.
"This resolution sends a clear message: Philadelphians value their constitutional rights!"
Throngs of resolution supporters filled city Council Chambers. At II :OOam, the sergeant-at-arms was forced to declare that
the room was at capacity. Several dozen supporters were forced to wait in the hallway, unable to get inside. Nearly 20
community groups in Philadelphia had endorsed the resolution, many of whose members were present at the vote. "The broad
range of groups that have come together- across the religious, racial and political spectrum- shows that there is a growing
consensus among the public: the USA Patriot Act is a threat to our communities," says Ben Waxman, a high school senior
who is the coordinator of Unite for Peace. "When Unite for Peace initiated this campaign, we had no idea the level of
support it would receive. Needless to say, we are thrilled at the outcome."
Pima County, Arizona
On October 7, 2003, the Pima County Board of Supervisors passed a resolution affirming the rights and liberties of residents.
Pinole, California
The Pinole City Council passed a resolution against the USA PATRIOT Act on Tuesday, April 1,2003. At the meeting, nine
people spoke in favor of the resolution. It passed by a vote of 4 to 0 with one absence and no abstentions.
Pittsfield, Massachusetts
On October 28, 2003, Pittsfield's City Council unanimously approved a resolution expressing support for civil liberties and
the Bill of Rights. The campaign was a collaborative effort of Berkshire Citizens for Peace, The Global Resources
Information Organization and the Central Berkshire Greens.
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Pleasanton, California
The Plcasanton, California passed a resolution that asks Congress to "actively work for the repeal of those acts and orders
that violate fundamental rights." For more information, see this article or this website.
Porterville, California
On September 2, 2003, the Porterville City Council unanimously voted to pass a resolution affirming the rights and liberties
of Porterville residents, and upholding the California and U.S. constitutions. See this article for more information.
Portland, Oregon
On October 29,2003, Portland's City Council unanimously passed a resolution protecting the rights and liberties of its
residents. See this article for more information.
Port Orford, Oregon
On October 21, 2003, the Port District of Port Orford passed a civil liberties resolution.
Port Townsend, Washington
On June 16,2003, the City Council of Port Townsend, Washington, passed a Bill of Rights Defense Resolution put forth by
the Bill of Rights Defense Committee of Port Townsend and Jefferson County. Passage of the local resolution followed
Jefferson County and San Juan County resolutions passed one week earlier. We will post the resolution soon. For more
information, contact.
Princeton Borough, New Jersey
On October 7, 2003, Princeton Borough's Council passed a resolution critical of the Patriot Act, the federal anti-terrorism
bill passed after the Sept II attacks. See this article for more information.
Provincetown, Massachusetts
On April 9, 2003, Provincetown Town Meeting unanimously passed a civil liberties resolution.
Putney, Vermont
On March 4, 2003, Putney Town Meeting was one of II Vermont town meetings to approve a resolution to defend civil
liberties.
Reading, Pennsylvania
On April 28, 2003, the Reading City Council passed a resolution by a vote of 5 to 2. This is a victory thanks to the work of
the Berks County Green Party, the Berks Peace Community, and Councilman Angel Figueroa. The two council members
who did not vote in favor of it indicated they were supportive of our effort but do not believe it's a city issue. They both
vowed to contact our Congressmen directly about it. The committee's next endeavor will be to encourage and assist others in
getting resolutions passed in their own municipality or township. They will also contact Pennsylvania Governor Rendell to
discuss a resolution at the state level.
Contact for more information.
Richmond, California
On February 25, the Richmond City Council ehambers were full of supporters for the couneil's vote on a civillibcrtics
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rcsolution. The vote was eight in favor and one abstaining. CongTatulations go to Katc Connolly and her committee of local
residents for mobilizing local support for upholding the Bill of Rights. Read February 27 article in the !;:ontraCosta Times.
Ridgway, Colorado
On February 12, the Ridgway Town Council passed a resolution expressing the commitment of the town to civil rights and
liberties.
Rio Arriba County, New Mexico
On April 10, the Rio Arriba County Commission unanimously approved a strongly worded rcsolution that protects the civil
liberties of the community. A local peace action group, Somas Unidas por la Paz, presented the resolution to the commission.
We will post the resolution when we receive it.
Riverside, Washington
O_n June 10,2003, Riverside passed a resolution supporting the constitutional rights of its citizens. See this article for more
information.
Robbinsdale, Minnesota
On October 21, 2003, the Robbinsdale City Council passed a resolution calling for the repeal of the USA Patriot Act. It has
been signed by the mayor and will be sent to the White I-louse, U.S. Attorney General, Governor, other officials and elected
representatives. The campaign to pass a rcsolution began in the Robbinsdale Human Rights Commission in April, 2003. The
resolution effort was organized by the Robbinsdale Human Rights Commission. For more information, contact Doug
Benson.
Rockingham, Vermont
On Tuesday evening, February 18, the Selectboard of the Town of Rockingham (which ineludes the Villages of Saxtons
River and Bcllows Falls) adopted a Bill of Rights Resolution by a vote of 3-2.
Rosendale, New York
On March 12,2003, the Rosendale Town Board received a standing ovation for its unanimous approval of a motion asking
federal lawmakers to reconsidcr thc USA PATRIOT Act. Read the article in the Daily Freeman. Wc will post the rcsolution
soon.
Sacramento, California
On September 13, 2003, Sacramento's City Council passed a resolution making it a "Civil Liberties Safe Zone." Two city
councilors, Jimmy Yce and Sandy Sheedy unexpectedly voted for the measure after the two hours of oving testimony from
resolution supporters. Thanks to the Sacramento Coalition to Stop the Patriot Act.
St. Lawrence County, New York
On September 8, 2003, the St. Lawrence County Board of Legislators votes 10-5 to pass a resolution condemning the Patriot
Act. We will post the resolution when wc receivc it.
Salinas, California
On May 13,2003, the City Council of Salinas voted 6-0 in favor of a civil liberties resolution. One councilor was absent. We
will post the resolution when it is available.
San Anselmo, California
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San Anselmo's Town Council unanimously passed a civil liberties resolution on February 11, 2003. Read the resolution
(PDF).
San Francisco, California
San Francisco became the 27th community to pass a resolution on January 21, 2003. By a 9 to I vote, the City's Board of
Supervisors passed a resolution opposing the USA PATRIOT Act. Sanjeev Bery, organizer for the ACLU of Northern
California, was instrumental in supporting passage of the resolution. See San Francisco Chronicle story about the vote.
San Jose, California
San Jose's eity council, by a 9-1 vote, passed a resolution on September 22, 2003 protecting the rights and liberties of its
residents. According to the San Francisco Chronicle story, Councilman Ken Yeager said the resolution was necessary
because a number of provisions of the Patriot Act are contrary to the civil liberties protections the founding fathers put in the
Bill of Rights and could be used to target and discriminate against immigrants.
San Juan County, Washington
On June 10, 2003, the Board of County Commissioners of San Juan County passed by a vote of 2 to I a resolution entitled
Resolution Regarding the USA Patriot Act and Rclated Executive Orders." We will post the resolution as soon as it is
available.
San Mateo County, California
On May 6, 2003, San Mateo's County Commissioners approved a civil liberties rcsolution. The county includes South San
Francisco. San Francisco's City Council preceded the county in passing a resolution. For more information eontact the San
Mateo County Bill of Rights Dcfense Committee. Their web site is at http://gcocities.com/smbordc/.
San Miguel County, Colorado
On May 20, 2002, San Miguel County Commissioners made their eounty the sixth community and the first county to pass a
civil liberties resolution.
San Rafael, California
On September IS, 2003, the San Rafael City Council unanimously voted in favor of a resolution protecting the freedoms of
its residents. Under San Rafael's approved resolution, city employees contacted by law enforcement must inform their
department head, division chief or designee. The person in eharge is then required to ask the official for identification,
eontact the official's office to confirm the person's identity and contact the city attorney's office for help in fulfilling the
request.
San Ramon, California
On October 14, 2003, the San Ramon City Council passed a resolution opposing the Patriot Act. The resolution states that the
city "believes that the civil rights and liberties of our residents and the foundations of our democracy could be threatened by
the USA Patriot Act" and San Ramon "supports the repeal of those sections of the USA Patriot Aet that infringe upon civil
liberties."
Santa Barbara, California
On August 26, 2003, the Santa Barbara City Council passed a resolution affirming the liberties of its residents and directing
the Santa Barbara City Administrator to strongly encourage any federal, state, or county agency acting within the City, to
work in aecordance with the policies and procedures of the City and when cooperating with City departments, to continue to
guarantee the fundamental constitutional rights of all Santa Barbara residents. In May, the Mayor sent a letter to Santa
Barbara's U.S. Congressional representative urging her to pursue legislation to restore civil rights and libelties that have been
eroded under the recent federal legislation.
Santa Clara County
On August 19, 2003, the same day Attorney General John Ashcroft kicked off his four-week tour in defense of the USA
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Patriot Act, the Santa Clara County Board of Supervisors passed a rcsolution affinuing the constitutional rights of immigrant
communities, and opposing racial profiling and the scapegoating of immigrants.
Santa Cruz, California
On November 12, 2002, the Santa Cruz City Council unanimously passed a Rcsolution to Op-pose thc PATRIOT Act and
Certain Justice Department Directives and Executive Orders that Prevent the Protection of Civil Rights and
Liberties. Read the story in the Santa Cruz Scntinel. This passed resolution is not as strong as the draft resoluti'on, which
included non-compliance language. It is for this reason the Santa Cruz BORDC was formed and is petitioning the Santa Cruz
City Council to return non-compliance language to the resolution.
Congratulations go to the City Councilors and mayoral staff, who were very supportive and eager to pass this resolution. The
community members who were most responsible for this effort included Bill Cane, editor, publisher, of Integrities Magazine,
who erafted the Resolution for the Council; Marcia Winslade, a student at UCSC, who worked tirelessly gathering local
support and signatures on the petition, and Valerie Lasciak.
See March 10, 2002 Chronicle article on signs in libraries to warn patrons about FBI snooping. See Santa Cruz' Bill of
Rights Defense Committee's website for information about how you can continue to be involved.
Santa Cruz County, California
On April 30,2003, the Santa Cruz County Board of Supervisors approved a countywide civil liberties resolution. We will
post the resolution when we receive it.
Santa Fe, New Mexico
On October 30, 2002, the Santa Fe City Council passed the Rcsolution In Sup-port of thc Bill of Rights and Civil Liberties
for Santa Feans by a 7 -1 vote. Congratulations go to Valerie and the other members of the Global Dialog Projcct.
Santa Monica, California
On February 12, 2003, Santa Moniea's City Council passed a civillibertics resolution by a vote of 3 to I. Mayor Pro Tem
MeKeown and Councilmember Genser requested that, in response to the USA PATRIOT Act, the Couneil adopt a resolution
affirming Santa Monica's commitment to civil liberties and supporting unabrogated City protection for Constitutional rights.
Sarasota, Florida
On October 20,2003, Sarasota became the third civil liberties safe zone in Florida. Sarasota's city commission passed a
resolution affirming the rights of all people, including United States citizens and citizens of other nations, in aceordance with
the Bill of Rights and the Fourteenth Amendment of the United States Constitution and calls upon all pcrsons to respect the
civil rights and liberties of all mcmbcrs of this community, including those who are citizens of other nations. See this article
for more information.
Saratoga, California
On September 3,2003, Saratoga's City Council unanimously passed a resolution expressing the city's commitment to civil
rights and liberties as guaranteed by the Constitution, and directing the city's law enforcement to continue to preserve and
uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial
proceedings, and protection from unreasonable searches and seizures, even if requested to do otherwise and infringe upon
rights by Federal or State law enforcement agencies acting under new powers created by the USA PATRIOT Aet or by
Executive Order.
Sausalito, California
On May 6,2003, Sausalito's City Council unanimously approved a civil liberties resolution. The Board of Supervisors of
Marin County, in which Sausalito is located, approved a resolution on the same day. Email contact for more information.
Schenectady, New York
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On August 11,2003, Schenectady's City Couneil approved a civil liberties resolution. We will post more infornlation soon.
Seattle, Washington
On February 18,2003, Seattle's City Council adopted a civil rights rcsolution by a vote of 6 to O. City Councilmember
Heidi Wills was the resolution's sponsor. In passing the resolution, Seattle became the 39th community to join the call for
restoration of rights and liberties. Read Seattle Times article.
In January 2003, the Seattle City Council was the first local government body in the United States to pass an ordinance that
prevents local poliee from questioning immigrants about their immigration status unless they are working with the INS or
have reason to believe a person has been deported or is committing a felony.
Sebastopol, California
The Sebastopol City Council's unanimous vote on December 3, 2002, made that city the 17th in the nation to pass a
resolution upholding the Bill of Rights. The resolution sponsored by City Councilmember Larry Robinson also declares
December 15 to be Bill of Rights Day in Sebastopol.
Shutesbury, Massachusetts
At its May 27,2003, annual Town Meeting, the citizens of Shutesbury overwhelmingly approved a rcsolution callingJ!!!
local government to defend state and federal Constitutions from threats imnoscd upon thcm by the USA PATRIOT
Act.
Silver City, New Mexico
On Oetober 28, Silver City's City Council unanimously passed a resolution upholding the civil rights of citizens. The
resolution was drafted by the City Attorney and the local chapter of the ACLU.
Sitka, Alaska
On September 23,2003, Sitka's City Council passed a resolution supporting the rights and liberties of its residents.
Skagway, Alaska
On June 5, 2003, the Skagway City Council unanimously approved a resolution relating to thc USA PATRIOT Act and
Civil Liberties. Bill of Rights. and the U.S. Constitution. The resolution's sponsor was Michael Catsi.
Snoqualmie, Washington
On September 8,2003, Snoqualmie, Washington's city council passed a resolution "declaring the position of the City of
Snoqualmie in affirmation of, belief in, and support for the state ,md federal constitutional rights of the citizenry."
Socorro, New Mexico
On March 17, .2003, by a vote of 6-1, the SocorTO City Council approved a resolution reaffirming the Bill of Rights and
supporting civil rights. For more information, contact Davc Whcclock
Soldotna, Alaska
On June 25, 2003, Soldotna passed a resolution supporting the revision of the Patriot Act to insure civillibcrties and to
proteet the U.S. Bill of Rights.
Soledad, California
On October 15, 2003, Soledad passed a resoulution supporting eivilliberties and rights.
Sonoma, California
On March 5, 2003, Sonoma's City Couneil approved a civil liberties resolution by a vote of 3 to 2. An especially compelling
speaker was a local resident who was born in Baghdad and whose family had immigrated to the US. He was especially
powerful because he talked about the freedoms here that attracted him to stay in the US, and made the point that Americans
just don't know how bad it is to live in an unfree country. Speaking from a wheelchair, he wholeheartedly urged the council
to pass the resolution. Also, a local familiar to many drew the all-to-real analogy of his family's history in the Holocaust - a
statement that clearly touched the board.
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South Pasadena, California
On July 16, 2003, the South Pasadena City Council unanimously approved a resolution opposing the PATRIOT Act's threats
to civil liberties. See 7/16/03 article in the Pasadena Star News.
Sunset Valley, Texas
On September 2,2003, Sunset Valley became the first locality to pass a resolution calling for the protection of civil liberties.
According to this article, the mayor of the town said, "It's antithetical to our form of government to allow secret arrests ... in
the name of security."
Syracuse, New York
On September 8, 2003, Syracuses's Common Couneil voted 7 -I to pass a resolution urging Congress to repeal parts of the
federal Patriot Act that councilors believe are threats to individual rights. See this article for more information.
Takoma Park, Maryland
On Oetober 28,2002, Takoma Park's City Council unaminously passed a rcsolution that calls attention to specifie sections
of the USA PATRIOT Act, including section 21S, which enables the FBI to obtain library and bookstore records.
Talent, Oregon
Talent's City Couneil unanimously approved a resolution opposing the USA PATRIOT Act on April 2, 2003. Read the article
in the Mail Tribune. We will post more information and the resolution when we receive it.
Taos, New Mexico
On June 17,2003, Taos' Town Council resolvcd to protect the privacy of library users as guaranteed by the U.S. and New
Mexico Constitutions; and to support the Frecdom to Read Protection Act. On October 21, 2003, the Town Council of
Taos passed another resolution asking its federal legislative delegation to "actively monitor the implemcntation and possible
expansion of the USA PATRIOT Act, any new Executive Orders, and actively work for the repcal of those portions that
violate the guarantecd eivilliberties enumcrated in the Bill of Rights."
Tehama County, California
On June 17,2003, the Tehama County Board of Supervisors approved a resolution of support for the Bill of Rights and
opposing any law or executive order that revokes or limits rights and liberties. There were many community members on
hand who led the applause. The resolution was sponsored by Commissioner Barbara Mclver, who began working with a
grassroots group in February 2003.
The resolution affirms support for the Constitution of the United States, in particular for the Bill of Rights and Fourteenth
Amendment, and calls on citizens, public officials and members of Congress to be vigilant in efforts to protect all guaranteed
human and civil rights of all persons. It ealls on local, state, and federal representatives and offieials to oppose and revoke
any law or exectutive order that limits or violates precious and fundamental rights and libelties secured by the Bill of Rights
and the Fourteenth Amendment. Finally, it invites all citizens to participate in the Tehama County Courthouse reading of the
Bill of Rights, to be held on July 3rd and 4th, 2003 on the steps of the county courthouse, a free speech venue. We will post
the resolution when we receive it. See June 25.2003. editorial in Red Bluff Daily Ncws.
Telluride, Colorado
On March 4,2003, Telluride's Town Council unanimously passed a resolution defending civil liberties. The group, This
Republic Can, collaborated with the Town of Telluridc in Spring 2003 to install a sign at the entance of the town declaring
Telluride a "Civil Liberties Safe Zone."
Tonasket, Washington
In April of 2003, Tonasket passed a rcsolution supporting the constitutional rights of its citizens. See this articlc for more
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information.
Tucson, Arizona
On May 5,2003, Tucson's City Council approved a civil liberties resolution by a vote of 4 to 3. Read articles in Arizona
Daily Star and Tucson Citizen. We will post the rcsolution soon. Contact Russ Ferrell for more information. The Southern
Arizona Bill of Rights Defense Committee, which pushed for the resolution, is a coalition of the League of United Latin
American Citizens, the Pima CountyfTucson Women's Commission, and thc Exccutivc Committee of the Pima County
Demoeratic Party.
Ukiah, California
On April I, Ukiah's City Council approved a civil liberties resolution by a vote of 4 to I. For more information, please
contact kuop@pacific.nct. Wc will post the resolution when we receive it. Ukiah is in Mendocino County, where a
resolution will be up for vote on April 22. The Mendocino County Bill of Rights Defense Committce has worked hard to
educate the residents of the county and the city and county councilmembers in preparation for these votes.
Ukiah's City Council began discussing an ordinance at its May 7, 2003, meeting. See May 9, 2003, article from the Ukiah
Daily Journal.
Union City, California
On March 11,2003, the City Council of Union City, California, unanimously passed a resolution against the USA PATRIOT
Act.
University City, Missouri
By a 4-2 vote on February 10,2003, the City Council passed a resolution rcaffirming thc city's commitment to civil
liberties. See article in February I 1,2003 St. Louis Post-Dispatch. The St. Louis County Bill of Rights Defensc Committee
also plans to work for the passage of resolutions in other St. Louis County communities. Contact the committce via email.
Urbana, New York
On October 21, 2003, the Town Board of Urbana in Steuben County, New York unanimously passed a rcsolution calling on
Congress and the President to "guarantee all rights and privileges granted ot United States citizens by the Constitution of the
United States while continuing to give due consideration and concern to protecting and safeguarding the United States of
America from such aets of terrorism and military attack which might possibly be waged upon us by enemies from within and
without our County."
Vashon-Maury Island, Washington
On February 17,2003, the Vashon-Maury Island Community Council unanimously adopted a civil Iibcrties resolution. To
read the resolution, click here and then click on "Civil Liberties." Vashon Islanders for Peace submitted the resolution to the
Council. The group plans to introduce a resolution to the government body of King County. Contact Roger Fulton.
Warren, Vermont
On March 3, 2003, Warren's town meeting voted in favor of a ciyillibcrtics resolution after a thoughtful, well rounded
discussion.
Waterville, Maine
On November 5,2003, Waterville's City Council unanimously passed a rcsolution calling for the revision of the USA Patriot
Act, making Waterville the first municipality in Maine to resist repressive post 9-1 I legislation. Contaet Bernie Hucbncr for
more information.
Watsonville, California
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On March 25, 2003, Watsonville's City Council became the seventy-fifth local government body in the nation to approve a
civil liberties resolution. Councilman Ramon Gomez introduced the resolution. Read ACLU-NC press release.
Wellfleet, Massachusetts
Wellfleet, a Cape Cod town ineorporated in 1763, approved a resolution by a ncarly unanimous voice vote on April 29, 2003
as article 47 on the annual Town Meeting warrant. The article was recommended 5-0 by the board of Selectmen. Prior to the
meeting several hundred copies of the Bill of Rights were distributed. Three eitizens spoke to the issue, and special mention
was made of Mercy Otis Warrcn, the author and patriot from Barnstable (Cape Cod) who was a principal supportcr of the
Sill of Rights.
Wendell, Massachusetts
On May 29, 2003, Wendell Town Mecting passed a resolution to defend civil liberties.
West Hollywood, California
West Hollywood's City Council passed a civil liberties resolution on January 21, 2003. Read the rcsolution.
Westminster, Vermont
On March 3, 2003, Westminster Town Meeting approved a resolution to defend civillibertics.
Willingboro, New Jersey
Willingboro became the first community in New Jersey to pass a rcsolution opposing the Patriot Act on September 9,2003.
Wilmington, Delaware
On September 22,2003, Wilmington, Delaware passed a resolution affirming the rights of all people and calling on the
Delaware delegation to Congress to repeal the sections of the Patriot Act that infringe on civil liberties. Wilmington is the
first locality in Delaware to pass a resolution affirming rights and liberties of its citizens.
Windham, Vermont
On March 4, 2003, Windham Town Meeting was one of 11 Vermont town meetings to approve a resolution to defend civil
liberties.
Woodstock, New York
On March 18, 2003 , Woodstock became the third community in Ulster County, New York, to pass a civil liberties
resolution. All three have passed without a nay vote.
Yellow Springs, Ohio
On November 3,2003, the Village Couneil of Yellow Springs unanimously voted to pass a resolution protecting the rights
and libeliies of its residents.
Yolo County, California
On January 28, 2003, the Yolo County Board of Supervisors became the country's 29th local government body to pass a civil
liberties resolution critical of provisions in the USA PATRIOT Act. Yolo County Supervisor Frank Seiferman introduced
the resolution, which passed by a 4-0 vote with one abstention.
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York, Pennsylvania
On February 19, 2003, York's City council voted 4-1 in favor of a civil liberties resolution, making York the first community
in Pennsylvania to do so. Read the aIticle in the York Disp-atch. Read the resolution.
If your community is working on a resolution, contact us to let us know.
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A Resolution of the Board of County Commissioners of Broward County, Florida, Affirming the
Civil Rights of All Residents of Broward County, Florida.
Unanimously approved on May 6, 2003
WHEREAS, Broward County, Florida has a long and distinguished history of protecting and expanding the civil rights and
civil liberties of its residents; and
WHEREAS, the residents of Broward County wish to honor the memory of all those who died as a result of the September
II, 200 I, attacks; and
WHEREAS, Broward County has a diverse population, including students, working people, and non-eitizens, whose
contributions to the community are vital to its character and function; and
WHEREAS, the United States Congress passed the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act); and
WHEREAS, the Federal Administration is moving to pass a Second USA PATRIOT ACT also known as the Domestic
SecUlity Enhancement Act of 2003 that usurps more rights than the original USA PATRIOT ACT which would provide for
the presumptive denationalization of American citizens who support the aetivities of any organization that the executive
branch has deemed II terrorist."; and
WHEREAS, the State of Florida has enacted the Emergency Health Powers Act in May of 2002 which allows for appointed
Health Officials to declare a health emergency or potential health emergeney and force people to be vaccinated against their
will, quarantined and the State can confiscate anyone's personal property without due process of law; and
WHEREAS, the Bill of Rights of the United States Constitution and the Constitution of Florida guarantee those living in the
United States the following rights: freedom of speech, assembly and privacy; equality before the law and the presumption of
innocence; access to counsel and due proeess in judicial proceedings; and protection from unreasonable searches and
seizures; and
WHEREAS, we believe these civil liberties are precious and may be threatened by the USA PATRIOT Act, the Domestic
Security Enhancement Act of 2003 and Florida's Emergency Health Powers Act which:
· Reduces judicial supervision of telephone and Internet surveillance;
· Expands the government's ability to conduct secret searehes without warrants;
· Grants power to the Secretary of State to designate domestic groups as "terrorist organizations";
· Grants power to the Attorney General to subject non-eitizens to indefinite detention or deportation even if they have
not committed a crime;
· Grants the Federal Bureau of Investigations (FBI) access to sensitive medical, mental health, financial and
educational records about individuals without having to show evidence of a erime; and
· Grants the FBI the power to compel libraries and bookstores to produce circulation or purchase records of their
patrons and forbids disclosure that such records have been requested and produced; and,
· Grants the Federal Government the ability to determine persons are terrorists or provide material support to a terrorist
group eould be expatriated from the United States and subjected to indefinite detention without access to legal
process: and,
· Grants appointed state health inspectors the power to force people to be vaccinated against their will, quarantine
people based on a potential health emergency, and the Uneonstitutional ability to eonfiscate people's property without
due process of law; and
WHEREAS, Broward County has been and remains, committed to the protection of civil rights and liberties for all citizens of
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Broward County; and
WHEREAS, the Board of County Commissioners believes that a threat to anyone person's Constitutional rights is a threat to
the rights of aIL
NOW THEREFORE, BE IT RESOL VED: That the Broward County Commission affirms the rights of all people, including
United States citizens and eitizens of other nations, within the County in accordance with the Bill of Rights and the
Fourteenth Amendment of the U.S. Constitution; and
That the Broward County Commission calls upon all County officials and employees to respeet the civil rights and liberties
of all members of this community, including those who are eitizens of other nations; and
That the Broward County Commission calls upon all private citizens, including residents, employers, educators, and business
owners, to demonstrate similar respect for civil rights and civil liberties; and 0
That the Broward County Commission calls upon the United States Attorney's Office, the Office of the Federal Bureau of
Investigation, Florida Department of Law Enforeement, and local law enforcement authorities to publiely disclose the names
of any federal detainees suspected of terrorism held in Broward County; and
That the Broward County Commission supports the rights of County officials and employees to conduct their duties pursuant
to Constitutions of the United States and the State of Florida and further supports actions taken in opposition to
unconstitutional directives and orders that violate the rights of people in Broward County; and
That the Broward County Commission affirms its strong opposition to terrorism, but also affirms that any efforts to end
terrorism should not be waged at the expense of essential civil rights and liberties of the people of Broward County and the
United States; and
That the County Administrator is directed to provide copies of this resolution to the County's U.S. Congressional
Representatives, the United States Attorney General, and the President of the United States; and
The Broward County Commission calls upon our United States Congressional Representatives and Senators to monitor the
implementation of the USA PATRIOT Act the Domestie Security Enhanecment Act of 2003 and Florida's Emergency Health
Powers Act and Exeeutive Orders issued pursuant to the Act.
This resolution shall take effect immediately upon its adoption.
DUL Y ADOPTED in regular session, this 6th day of May, 2003.
BOARD OF COUNTY COMMISSIONERS OF Broward COUNTY, FLORIDA
By: Diana Wasserman Rubin, Mayor
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Passed Unamimously (5-0) on October 22, 2002
Resolution 02-131: A Resolution of the Board of County Commissioners
of Alachua County, Florida, Affirming the Civil Rights of All Residents of
Alachua County
WHEREAS, Alachua County, Florida has a long and distinguished history of protecting and expanding the civil rights and
civil Jiberties of its residents; and,
WHEREAS, the residents of Alachua County wish to honor the memory of all those who died as a rcsult of the September
11,2001, attacks; and,
WHEREAS, Alachua County has a divcrse population, including studcnts, working people, and non-citizens, whose
contributions to the community are vital to its character and function; and,
WHEREAS, the United States. Congress passed the Uniting and Strengthening Amcrica by Providing Appropriate Tools
Required to Intercept and Obstmct Terrorism Act (USA PATRIOT Act) on October 26,2001; and,
WHEREAS, the Bill of Rights of the United States Constitution and the Constitution of Florida guarantee those living in the
United States thc following rights: freedom of speech, assembly and privacy; equality before the law and the presumption of
innocence; access to counsel and due proeess in judicial procecdings; and protection from unrcasonable scarches and
seizures; and,
WHEREAS, we believe these civil liberties are precious and may bc threatened by the USA PATRIOT Act, which:
· Reduces judicial supervision of telephone and Internet surveillance;
· Expands the government's ability to conduct secret searches without warrants;
· Grants power to the Secretary of State to designate domestic groups as "terrorist organizations";
· Grants power to the Attorney General to subjeet non-citizens to indefinite detention or deportation cven if they have
not committed a crime; .
· Grants the Federal Bureau of Investigations (FBI) access to sensitive medical, mental health, financial and
educational records about individuals without having to show evidence of a erime; and
· Grants thc FBI the power to compel libraries and bookstores to produce circulation or purchase records of their
patrons and forbids disclosure that such records have been requested and produced; and,
WHEREAS, Alachua County has been and remains, committed to the protection of civil rights and liberties for all citizens of
Alachua County; and,
WHEREAS, the Board of County Commissioners believes that a threat to anyone person's Constitutional rights is a threat to
the rights of all.
NOW THEREFORE, BE IT RESOL VED:
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That the Alachua County Commission affirms the rights of all people, including United States citizens and citizens of other
nations, within the County in accordance with the Bill of Rights and the Fourteenth Amendment of the U.S. Constitution;
and,
That the Alachua County Commission calls upon all County officials and employees to respeet the civil rights and Iiber1ies of
all members of this community, including those who are citizens of other nations; and,
That the Alachua County Commission calls upon all private citizens-including residents, employers, educators, and business
owners-to demonstrate similar respeet for civil rights and civil liberties; and,
That the Alachua County Commission calls upon the United States Attorney's Office, the Office of the Federal Bureau of
Investigation, Florida Department of Law Enforcement, and local law enforeement authorities to publiely disclose the names
of any federal detainees suspected of terrorism held in Alachua County; and,
That the Alachua County Commission affirms its strong opposition to terrorism, but also affirms that any efforts to end
terrorism should not be waged at the expense of essential eivil rights and liberties of the people of Alachua County and the
United States; and,
That the County Manager is directed to provide copies of this resolution to (he County's U. S. Congressional Representatives,
the United States Attorney General, and the President of the United States; and,
The Alachua County Commission calls upon our United States Congressional Representatives and Senators to monitor the
implementation of the USA PATRIOT Act and Executive Orders issued pursuant to the Act.
This resolution shall take effect immediately upon its adoption.
DUL Y ADOPTED in regular session, this
day of October, 2002.
BOARD OF COUNTY COMMISSIONERS OF
ALACHUA COUNTY, FLORIDA
By:
Robert Hutchinson, Chair
ATTEST:
APPROVED AS TO FORM
1. K. "Buddy" Irby, Clerk
(SEAL)
Alachua County Attorney
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Sarasota, Florida
RESOLUTION NO. 04R-1667
A resolution of the City Commission of the City of Sarasota, Florida, pertaining to the USA Patriot Act, related legislation,
executive orders, regulations, and actions associated therewith; making findings; requesting the Florida legislative and
eongressional delegations to work to repeal certain provisions of the USA Patriot Act and to oppose the adoption of any new
laws which may limit or violate fundamental rights and liberties; providing for the reading of this resolution by title only; and
providing for an effeetive date.
WHEREAS, the City of Sarasota is committed to the protection of eivil rights and civil liberties that are the birthright of all
Americans; and,
WHEREAS, the City of Sarasota honors the sacrifice and commitment made by our veterans and activc duty personnel who
have fought and died to preserve libertics of all individuals; and,
WHEREAS, on September 11,2001, the United States of America was subjeeted to an unprecedented terrorist attack, and
faccd a serious and ongoing threat of further terrorist activity; and,
WHEREAS, since September 11,2001, in an attempt to respond to that terrorist threat, a wide range of legislative and
executive measures, including the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstmct Terrorism Act" (USA PA TR10T ACT), have been enacted by the Congress of the United States and the
Executive branch of the United States Government and thereafter implemented; and,
WHEREAS, the Bill of Rights of the United States Constitution and the Constitution of the State of Florida guarantee, to
those living in the United States, certain fundamental rights, including freedom of speeeh, assembly and privacy; equality
before the law and the presumption of innocence; due process, access to counsel in judicial proceedings and protection from
unreasonable searches and seizures; and,
WHEREAS, the City Commission recognizes that all citizens of the United States have the right, the responsibility and the
obligation to defend, secure and retain the rights of all persons, as guaranteed by the Constitutions of the United States of
Ameriea and the State of Florida; and,
WHEREAS, the City Commission believes that action to proteet the public from terrorist attack is vital, but that such action
should only be taken when it will effectively serve to protect the public and be consistent with the preservation of those
constitutionally guaranteed !undamental rights; and,
WHEREAS, the City Commission believes those constitutionally guaranteed fundamental rights may be threatened by the
USA PA TRIOT ACT and related legislation, executive orders, regulations, and actions, as more partieularly set forth in
Attachment "A", which is incorporated herein by reference; and,
WHEREAS, over 182 communities throughout the country, as more particularly set forth in Attachment "B", which is
incoI1Jorated herein by reference, have enacted Resolutions reaffirming support for the constitutionally guaranteed civil rights
and liberties of all persons which may be threatened by the USA PATRIOT ACT and related legislation, executive orders,
regulations, and actions; and,
WHEREAS, while various provisions of the USA PATRIOT ACT were recognized as extraordinary responses to the erisis of
September, 200 I, and are subjcct to sunset, or to expire, after five years, various proposals have been made, which, if
enacted, would render all of the ACT's provisions permanent; and,
WHEREAS, the City Commission believes that legislation drafted by the Executive branch of the government and submitted
to the Congressional leadership, entitled the Domestic Security Enhancement Act (DSEA), also referred to as PA TRlOT II,
may also threaten eonstitutionally guaranteed fundamental rights, as more particularly set forth in Attachment "C", which is
incoI1Jorated herein by reference.
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.Bill of Rights Defense Committee
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NOW, THEREFORE, BE IT RESOL VED BY THE CITY COMMISSION OF THE CITY OF SARASOTA, FLORIDA:
I. The City Commission of the City of Sarasota affirms the rights of all people, including United States eitizens and eitizens
of other nations, within the City, in accordance with the Bill of Rights and the Fourteenth Amendment of the United States
Constitution and calls upon all persons to respect the civil rights and liberties of all members of this community, including
those who are citizens of other nations.
2. The City Commission of the City of Sarasota affirms its strong opposition to terrorism, and affirms that any efforts to end
terrorism need not and must not result in the loss of fundamental rights and liberties of the people of Sarasota, Florida and the
United States.
3. The City Commission of the City of Sarasota affirms that the five-year sunset provisions of the USA PATRIOT Act should
be allowed to expire, if not previously repealed by an aet of Congress.
4. The City Commission of the City of Sarasota joins other communities across the nation, who have questioned the
constitu\ionality of the USA PATRIOT ACT and related legislation, exeeutive orders, regulations, and actions, and hereby
ealls upon our Florida legislative and United States Congressional delegations to actively and diligently work to repeal those
provisions of the USA PATRIOT ACT and any executive orders or federal regulations, as well as any related State
legislation which may limit or violate fundamental rights and liberties embodied in the constitutions of the United States and,
the State of Florida, and to actively oppose the adoption of any new laws or regulations, such as the PA TRIOT II, which may
limit or violate fundamental rights and liberties.
5. The City Auditor and Clerk is hereby directed to provide copies of this Resolution to the United States Congressional and
the State of Florida legislative delegations, whose jurisdictions include the City of Sarasota, the Sheriff of Sarasota County,
the Chairperson of the Sarasota County Commission, the Sarasota County Administrator, the United States Attorney for the
Middle District of Florida, the Attorney General of the United States and the President of the United States.
6. This Resolution shall take effeet immediately upon adoption.
ADOPTED by the City Commission of the City of Sarasota, upon reading by title only, after posting on the bulletin board at
City Hall for at least (3) days prior to adoption, as authorized by Alticle IV, Section 2, Charter of the City of Sarasota,
Florida, this day of , 2003.
Lou Ann R. Palmer, Mayor
ATTEST:
Billy E. Robinson,
City Auditor and Clerk
Attachment A
Fundamental rights and civil liberties are now directly threatened by the USA PATRIOT Act and related legislation,
executive orders, Presidential Decision Directives, and regulations which, among other things: (Note: seetion citations are of
the USA PATRIOT Act unless otherwise noted.)
I. Give the U.S. Attorney General and Secretary of State the power to designate domestic groups, including political and
religious organizations as "ten'orist organizations" (~411);
2. Order the indefinite detention of United States citizens designated by the President as "enemy combatants" and attempt to
withhold aceess to eounsel or meaningful recourse to the federal courts for such individuals (Determination of June 9,2002,
by George W. Bush; Order of December 4, 2002, in Padilla v. Bush granting access to counsel, appealed by government
April 9, 2003);
3. Chill eonstitutionally protected speech through the overbroad definition of the new crime of "domestic terrorism" to
include "acts dangerous to human life that are a violation of the criminal laws of the United States or of any State" that
"appear to be intended," among other things, "to influenee the policy of a government by intimidation or coercion" (~802(a)
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. Bill of Rights Defense Committee
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(4));
4. Establish military tribunals without Congressional authorization or adequate provision for due process which may be used
to try non-citizens apprehended either abroad or within the United States for an undetermined range of offenses and impose
sentences up to and including the death penalty after proceedings in which the suspect enjoys no presumption of innocence
and bears the burden of proof (Milital)' Order of November 13, 200 I, 66 F.R. 57833, and the Military Commission Order No.
I of March 21, 2002);
5. Limit the disclosure of public documents and records under the Freedom of Information Act, and speeifically exempt from
FOIA disclosure Critical Infrastructure Information received by the Department of Homeland Security, thereby drastically
limiting affected communities' and workers' right to know about the threats with which they must live (Memorandum of
October 12, 2001 by John Ashcroft, available at http://www.usdoj.gov/04foia/OlI012.htm. and Homeland Security Act of
20029214);
6. Reduce judicial supervision of telephone and internet surveillance while expanding the seope of such surveillance (S206
and S208);
7. Expand the authority of federal agents to conduct so-called "sneak and peek" or "black bag" secret searches, in which the
subject of the search warrant is unaware that his or her property has been searched. (9213); .
8. Grant power to the Attorney General to subject non-citizens to indefinite detention or deportation even if they have not
eommitted a crime. (9412);
9. Grant the FBI the power to eompellibraries and book and video stores to produce their patrons' circulation or purchase
records, and grant the FBI access to sensitive medical, mental health, financial and educational reeords or other customer data
about individuals, all without having to show evidence of a crime and while forbidding disclosurc that such rccords have
been requested and produced. (9215);
] O. Permit the FBI to conduct surveillance of religious services, internet chat rooms, political and other public meetings
without having any evidence that a specific crime has been or may be committed (Guidelines on General Crimes,
Racketeering Enterprise and Terrorism Enterprise Investigations, revision of May 30, 2002);
II. Eviscerate the right to counsel by authorizing the surveillance of conversations bctween prisoners and their attorneys
without judicial authorization, thereby abrogating the attorney-client privilege. (Amendments to 28 CFR 501.2 and 501.3
effective October 30,2001);
12. Invade personal privacy through the creation of a wide-ranging program of data mining called the Terrorism Information
Awareness (TIA) (formerly known as the Total Information Awareness) program under the Information Awareness Office of
the Defense Advanced Research Projects Ageney of the Department of Defense (see Subsection III (b) of Division M of the
Consolidated Appropriations Resolution, 2003 (Public Law 108-7), requiring submission of a report to Congress on TIA by
DARPA);
13. Invade personal privacy and freedom of movement through the use of data-mining to categorizc air passcngers and create
no-fly lists without providing adequate safeguards against false positives or adequate opportunity to challenge inclusion on
the list, which may involve racial, ethnic, or religious profiling. (CAPPS II - Transportation Security Administration press
release 15-03);
14. Create an unfunded mandate for local governments by encouraging involvement of state and local police agencies in the
direct enforcement of civil federal immigration laws, potentially impairing relations between loeallaw enforcement and the
immigrant eommunity, and subjecting loeallaw enforcement personnel to federal supervision (sec Mcmorandum of
Understanding creating Pilot Project between DOJ and State of Florida, executed by John Ashcroft and Jeb Bush, effective
July 2, 2002, available at http://www.fdle.state.fl.us/osi/domesticsecurity /domestic _ seeurity _ orig/ds _ 5/ins _ fdle _ mou. pdf);
15. Permit the seizurc of assets of organizations alleged to have engaged in or planned an act of terrorism, foreign or
domestie, upon issuanee of a warrant for probable cause, but without notice or prior hearing under thc eivil forfeiture
provisions of 18 V.S.C. S98I (9806);
16. Reduce judicial oversight on the exchange of information between domestic law enforcement agencies and the CIA (9203
and 990 I).
Attachment B
http://www.borde.org/Sarasota-res.htm
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~ Bill of Rights Defense Committee
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Attachment B is a list of cities, towns, and states that have passed civil liberties resolutions. Click hcre for BORDC's currcnt
list.
Attachment C
Measures proposed in Domestic Security Enhancement Act (also referred to as Patriot II), drafted by the Bush Administration
and submitted to Congressional leaders. This Act would:
I. Erode personal privacy by imposing numerous new restrictions on the judicial review of government surveillance
authority. (DSEA 9103, 9122, 9126, ~128, 9129, and 9312); .
2. Expand federal secret arrest and detention powers ovcr non-citizens. (DSEA 9201);
3. Prevent defendants from challenging the admission of secret evidenee. (DSEA 9204);
4. Authorize the domestic surveillance of United States eitizens at the request of foreign governments. (DSEA 9321);
5. Strip both naturalized and native-born United States citizens of their citizenship for serving in, or for merely providing
"'!1aterial support" to, a federally designated terrorist organization, whether foreign or domestic. (DSEA 950 I) .
HOME I ARTICLES I CA TALOGUE I CONTACT US I DEMOCRACY I DONA TE I FBI INFO I FLIERS I THE ISSUES I LABOR I
LEGISLA TION I LIBRARIES I LINKS I LOCAL EFFORTS I ORGANIZA TIONS I PA TRIOT II I RELIGIOUS ORGS I STA TES I
STUDENTS I TI-IREA TENED COM:MUNITIES I TOOLS I WHA T YOU CAN DO
Copyright @ 2002-2003 Bill of Rights Defense Committee. All Rights Reserved.
http://www.borde.org/Sarasota-res.htm
11/18/2003
Repeal the USA PATRIOT ACT Philadelphia (the resolution)
Page 1 of 3
The Issues
With your help, we can build
momentum across the country and
begin to take back the
Constitutional Rights that we hold
so dear.
ACT NOW!
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Actions
THE RESOLUTION
Supporters
Resolution Against the USA PATRIOT ACT and
Other Executive Orders for the City of
Philadelphia, Pennsylvania
Urging the City Administration to demonstrate Philadelphia's strong
commitment to civil liberties by continuing and strengthening the City's
protection of the Constitutional rights of all persons in our City, regardless
of race, religion, or national origin, and urging our Congressional Delegation
to vigilantly monitor the implementation of the USA Patriot Act and to
actively work to repeal the Act or those sections of the Act and those
Orders, rules and regulations issued under the Act, that violate the
fundamental rights and liberties of persons protected by the United States
Constitution and its Amendments.
WHEREAS, the City of Philadelphia recognizes that a threat to anyone person's
Constitutional rights is a threat to the rights of all; and
WHEREAS, the City of Philadelphia has been and remains committed to the
protection of civil rights and liberties for all residents; and
WHEREAS, the Declaration of Independence of the United States, which was written
in Philadelphia, holds as self-evident that all people are created equal and are
endowed with the inalienable rights of life, liberty, and the pursuit of happiness; and
WHEREAS, the United States Constitution guarantees all person living in the United
States certain fundamental rights including freedom of religion, speech, assembly and
privacy; protection from unreasonable searches and seizures; due process and equal
protection; and access to counsel, presumption of innocence and a fair, speedy public
trial; and
WHEREAS, a great crime against humanity occurred on September 11, 2001,
resulting in new federal laws and enforcement powers, including the USA Patriot Act
signed by President George W. Bush on October 26, 2001; and
WHEREAS, the USA Patriot Act was written to respond to the attack on our nation, it
weakens, contradicts and undermines the basic constitutional rights outlined above.
The Act, a 342 page document, was hastily enacted in six weeks without public
hearings, or a Congressional "mark-up"; and
WHEREAS, examples of the Patriot Act's threat to these fundamental rights include
the Government's expanded power to: engage in limited judicial supervision of
telephone and Internet surveillance; grant law enforcement and intelligence agencies
broad access to sensitive medical, mental health, financial, and educational records
with little, if any, judicial oversight; expand the government's ability to conduct secret
searches of individual's homes and businesses, including monitoring what books are
bought from bookstores or borrowed from libraries; and limits the disclosure of public
documents and records under the Freedom of Information Act; and
http://www.phillypeaee. org/patri otaetlresol uti on. html
11/18/2003
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Repeal the USA PATRIOT ACT Philadelphia (the resolution)
Page 2 of 3
WHEREAS, Department of Justice interpretations of the Patriot Act and Executive
Orders appear to impact on selective racial and religious groups including residents of
other nations. This has caused alarm among many of our local citizens and non-
citizens who fear an emergent climate for racial and ethnic profiling. This is especially
disconcerting because the City of Philadelphia is home to a diverse population, whose
contributions are vital to the city's character and function; and
WHEREAS, on May 30, 2002 this City Council passed resolution #020394 which
vigorously opposed federal policy giving local and state law enforcement agencies the
authority to investigate the citizenship and residency status of any person unless
required by court decision, or statute; and
WHEREAS, the City Council commended the leadership of the city's Police
Department for protecting the privacy rights of non-citizens in our city by
implementing Police Directive Memorandum 01-06 requiring all police personnel to
"preserve the confidentiality of all information regarding law abiding immigrants to the
m~ximum extent permitted by law."; and
WHEREAS, the City of Philadelphia's proactive response to the threats of terrorism
following the attacks on September 11, 2001 was to establish in 2002 the Counter-
Terrorism Bureau within the Philadelphia Police Department; and
WHEREAS, the City Council supports the Counter-Terrorism Bureau's mandate
including it's policy which explicitly provides for the" ...Iegitimate needs of law
enforcement while at the same time maintaining the constitutional and statutory
parameters, which guarantee each individual the right to privacy," thus, another
illustration of our city's commitment to upholding basic civil liberties; and
WHEREAS, many other communities and over fifty cities throughout the country
have enacted resolutions reaffirming support for civil rights and civil liberties in the
face of government policies that threaten these values, and are demanding
accountability from federal agencies regarding the use of these new powers; therefore
RESOLVED by the Council of the City of Philadelphia, that the City Council of
Philadelphia reaffirms its support of the United States government in its campaign
against global terrorism, but also reaffirms that any efforts to end terrorism not be
waged at the expense of the fundamental civil liberties of the people of Philadelphia,
and all citizens of the United States; and
RESOLVED FURTHER, that the City of Philadelphia affirms the rights of all people,
including United States citizens and citizens of other nations, living within the City in
accordance with the Bill of Rights and the Fourteenth Amendment of the U.S.
Constitution; and
RESOLVED FURTHER, that the City Council of Philadelphia urges the city
administration and its citizens during the course of their daily life to be guided by the
collective responsibility and obligation of safeguarding the constitutional protections
afforded all people of our city. The Council recognizes that this is the paramount
responsibility of local law enforcement personnel, appointed and elected government
offices that are ultimately responsible for upholding the solemn oath they have taken
to preserve, protect and defend the Constitutions of the United States and the
Commonwealth of Pennsylvania; and
FINALLY RESOLVED, that the Council calls on our United States Representatives
and Senators to monitor the implementation of the Act and Executive Orders cited
herein and actively work for the repeal of the Act or those sections of the Act including
Executive Orders that violate fundamental rights and liberties as stated in the United
States Constitution and its Amendments.
http://www.phillypeaee.org/patriotaetlresolution.html
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Repeal the USA PATRIOT ACT Philadelphia (the resolution)
Page 3 of 3
Introduced by Philadelphia City Councilman Angell. Ortiz
Thursday, May 28th, 2003 and passed by an overwhelming margin of 13 to 3.
(Council members Rizzo (R), O'Neill (R) and Krajewski (D) voted against.)
^ UP ^
......................,....................................,..........................,...................................,...... .....................,...........
Similar Resolutions
To read some of the other resolutions that have been passed in several other cities,
please visit the Bill of Rights Defense Committee's web site.
..............................................................................................................................................................................,.....
Repeal the USA PATRIOT ACT Philadelphia
Campaign Committee of Unite For Peace
1501 Cherry Street, Philadelphia, PA 19102-1477
unite4peace@riseup.net
http://,,vww. phillypeaee. org/patriotaet/resol ution. html
11/18/2003
."
SUBSTITUTE RESOLUTION ON THE USA PATRIOT ACT
AND RELATED EXECUTIVE ORDERS
WHEREAS, the City of Chicago houses a diverse population, including citizens of other
nations, whose contributions to the community are vital to its character and function; and
WHEREAS, the United States Constitution guarantees certain fundamental rights
including: freedom ofreJigion, speech, assembly and privacy; protection from
unreasonable searches and seizures; due process and equal protection to any person;
equality before the law and the preswnption of innocence; access to counsel in judicial
proceedings; and a fair, speedy and public trial; and
WHEREAS, The USA PATRIOT Act signed by George W. Bush on October 26, 200 J,
in the opinion of ,many Americans, contains a number of provisions that Wldermine the
above rnentionedcights and which fundamentally alter our civil liberties without
increasing our security; and
WHEREAS, examples of the provisions in the USA PATRlOT Act and Executive
Orders that may undermjn~ the constitution and the rights and civil liberties of Chicago
residents include:
· A significant expansion of the government's ability to access sensitive medical,
mental health, financial and educational records about individuals; and lowers the
burden of proof required to conduct secret searches and telephone and Internet
surveillance
· Giving,law enforcement expanded authority to obtain library records, and p"rohi~iLs
librarians from informing patrons of monitoring or information requests
· Givin.,g the Atto~e'y General and the SecretaIy of State the power to designate
domestic groups, including religious and political organizations, as "terrorist
organizations"
· Granting the Attorney General the power to subject citizens of other nations to
indefinite detention or deportation even if they have not committed a crime
· Authorizing eavesdropping on confidential communications between lawyers and
their clients in federal custody
· Limiting disclosure of public documents and records under the Freedom of
Information Act; and
WHEREAS, the Department of Justice interpretations of this Act and these Executive
Orders particularly target immigrants, including Hispanics, people of Middle Eastern and
South Asian descent and citizens of other nations, thereby potentially encouraging racial
profiling by law enforcement and the unintended CONsequence of increase in hate crimes
by individuals in our COIIUllWlity; and
"
2
WHEREAS, almost 200 other cities throughout the country have enacted resolutions
reatlinnjog support for civil rights and civil liberties in the face of government policies
that threaten these values. and are demanding accountability from federal agencies
regarding the use of these new powers; now therefore be it
RESOL VED that the City of Chicago joins the almost 200 other U.S. cities and amons
its strong opposition to terrorism, and also affirins that any efforts to end terrorism not be
waged at the expense of me fundamental civil rights and liberties of the people of
Chicago, the United States and the World; and be it
FURTHER RESOLVED that the City of Chicago affrrffis the rights of all people,
including United States citizens and citizens of other nations, living within the City in'
accordance with the Bill of Rights and the Fourteenth Amendment of the U.S.
Constitution; and be it
FURTHER RESOLVED that the City of Chicago reaffirms the concepts and doctrines
promulgated in the Bill of Rights alld the U.S. Constitution by lawfully resisting every
effort to erode those rights and protections including: freedom of religion, speech,
assembly and privacy; protection frOm Wlreasonable searches and seizures; due process
and equal protection to any person; equa1it~efore.th~ law and the presumption of
jnnoce~ce; access to counsel in judicial p~ecdm;.~~J;l,nQ a fair, speedy and public trial;
and be It ci) t? . t' ':
~ ('; ~~ .
FURTHER RESOLVED that the m~~e~tJhe bty. Council of the City of Chicago
call 011 our United States Representati~an~ ~a~orsJo monitor the implementation of
l\'\.l~. C1td\:::... the U.S Patriot Act and the Orders in ~~ thereof and actively work for the repeal
~.s ~ of only .those secti~ns of the Act and ~e ~r~ ~b~ violate fundamental rights and
r C ~( \1k ~ liberties as..s.tatcd in -the US Constitutirn.1az@ i~;Atri9ndmcnts by sending a co~ of this
/J . resolution Jo the.Jll~9i;..sielegation t~ Co~ ,.~ <:::"J~ * 1trvt 1C)~
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