H. R. 3162
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To deter and punish terrorist acts in the United States and around the world,
to enhance law enforcement investigatory tools, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act
of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
TITLE I—ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and Muslim
Americans.
Sec. 103. Increased funding for the technical support center at the Federal Bureau
of Investigation.
Sec. 104. Requests for military assistance to enforce prohibition in certain emer-
gencies.
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 Surveil-
lance Act.
Sec. 216. Modification of authorities relating to use of pen registers and trap and
trace devices.
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Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.
Sec. 225. Immunity for compliance with FISA wiretap.
TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-
TERRORIST FINANCING ACT OF 2001
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional review; expedited consideration.
Subtitle A—International Counter Money Laundering and Related Measures
Sec. 311. Special measures for jurisdictions, financial institutions, or international
transactions of primary money laundering concern.
Sec. 312. Special due diligence for correspondent accounts and private banking ac-
counts.
Sec. 313. Prohibition on United States correspondent accounts with foreign shell
banks.
Sec. 314. Cooperative efforts to deter money laundering.
Sec. 315. Inclusion of foreign corruption offenses as money laundering crimes.
Sec. 316. Anti-terrorist forfeiture protection.
Sec. 317. Long-arm jurisdiction over foreign money launderers.
Sec. 318. Laundering money through a foreign bank.
Sec. 319. Forfeiture of funds in United States interbank accounts.
Sec. 320. Proceeds of foreign crimes.
Sec. 321. Financial institutions specified in subchapter II of chapter 53 of title 31,
United States code.
Sec. 322. Corporation represented by a fugitive.
Sec. 323. Enforcement of foreign judgments.
Sec. 324. Report and recommendation.
Sec. 325. Concentration accounts at financial institutions.
Sec. 326. Verification of identification.
Sec. 327. Consideration of anti-money laundering record.
Sec. 328. International cooperation on identification of originators of wire transfers.
Sec. 329. Criminal penalties.
Sec. 330. International cooperation in investigations of money laundering, financial
crimes, and the finances of terrorist groups.
Subtitle B—Bank Secrecy Act Amendments and Related Improvements
Sec. 351. Amendments relating to reporting of suspicious activities.
Sec. 352. Anti-money laundering programs.
Sec. 353. Penalties for violations of geographic targeting orders and certain record-
keeping requirements, and lengthening effective period of geographic
targeting orders.
Sec. 354. Anti-money laundering strategy.
Sec. 355. Authorization to include suspicions of illegal activity in written employ-
ment references.
Sec. 356. Reporting of suspicious activities by securities brokers and dealers; in-
vestment company study.
Sec. 357. Special report on administration of bank secrecy provisions.
Sec. 358. Bank secrecy provisions and activities of United States intelligence agen-
cies 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.
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Sec. 373. Illegal money transmitting businesses.
Sec. 374. Counterfeiting domestic currency and obligations.
Sec. 375. Counterfeiting foreign currency and obligations.
Sec. 376. Laundering the proceeds of terrorism.
Sec. 377. Extraterritorial jurisdiction.
TITLE IV—PROTECTING THE BORDER
Subtitle A—Protecting the Northern Border
Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain identifying in-
formation in the criminal history records of visa applicants and appli-
cants for admission to the United States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification system for
ports of entry and overseas consular posts.
Subtitle B—Enhanced Immigration Provisions
Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus; judicial re-
view.
Sec. 413. Multilateral cooperation against terrorists.
Sec. 414. Visa integrity and security.
Sec. 415. Participation of Office of Homeland Security on Entry-Exit Task Force.
Sec. 416. Foreign student monitoring program.
Sec. 417. Machine readable passports.
Sec. 418. Prevention of consulate shopping.
Subtitle C—Preservation of Immigration Benefits for Victims of Terrorism
Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and children.
Sec. 424. ‘‘Age-out’’ protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.
TITLE V—REMOVING OBSTACLES TO INVESTIGATING TERRORISM
Sec. 501. Attorney General’s authority to pay rewards to combat terrorism.
Sec. 502. Secretary of State’s authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.
TITLE VI—PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY
OFFICERS, AND THEIR FAMILIES
Subtitle A—Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers involved in the prevention,
investigation, rescue, or recovery efforts related to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for heroic public
safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
Subtitle B—Amendments to the Victims of Crime Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII—INCREASED INFORMATION SHARING FOR CRITICAL
INFRASTRUCTURE PROTECTION
Sec. 701. Expansion of regional information sharing system to facilitate Federal-
State-local law enforcement response related to terrorist attacks.
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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 ter-
rorism.
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 re-
sponse to Government requests.
Sec. 816. Development and support of cybersecurity forensic capabilities.
Sec. 817. Expansion of the biological weapons statute.
TITLE IX—IMPROVED INTELLIGENCE
Sec. 901. Responsibilities of Director of Central Intelligence regarding foreign intel-
ligence collected under Foreign Intelligence Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope of foreign intel-
ligence 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 organiza-
tions.
Sec. 904. Temporary authority to defer submittal to Congress of reports on intel-
ligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign intelligence-re-
lated 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 for-
eign intelligence.
TITLE X—MISCELLANEOUS
Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of ‘‘electronic surveillance’’.
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in money laundering.
Sec. 1007. Authorization of funds for dea police training in south and central asia.
Sec. 1008. Feasibility study on use of biometric identifier scanning system with ac-
cess 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 installa-
tions.
Sec. 1011. Crimes against charitable americans.
Sec. 1012. Limitation on issuance of hazmat licenses.
Sec. 1013. Expressing the sense of the senate concerning the provision of funding
for bioterrorism preparedness and response.
Sec. 1014. Grant program for State and local domestic preparedness support.
Sec. 1015. Expansion and reauthorization of the crime identification technology act
for antiterrorism grants to States and localities.
Sec. 1016. Critical infrastructures protection.
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable
by its terms, or as applied to any person or circumstance, shall
be construed so as to give it the maximum effect permitted by
law, unless such holding shall be one of utter invalidity or
unenforceability, in which event such provision shall be deemed
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severable from this Act and shall not affect the remainder thereof
or the application of such provision to other persons not similarly
situated or to other, dissimilar circumstances.
TITLE I—ENHANCING DOMESTIC
SECURITY AGAINST TERRORISM
SEC. 101. COUNTERTERRORISM FUND.
(a) ESTABLISHMENT; AVAILABILITY.—There is hereby established
in the Treasury of the United States a separate fund to be known
as the ‘‘Counterterrorism Fund’’, amounts in which shall remain
available without fiscal year limitation—
(1) to reimburse any Department of Justice component
for any costs incurred in connection with—
(A) reestablishing the operational capability of an office
or facility that has been damaged or destroyed as the
result of any domestic or international terrorism incident;
(B) providing support to counter, investigate, or pros-
ecute domestic or international terrorism, including, with-
out 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 appro-
priation to the Counterterrorism Fund made before the date of
the enactment of this Act.
SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION
AGAINST ARAB AND MUSLIM AMERICANS.
(a) FINDINGS.—Congress makes the following findings:
(1) Arab Americans, Muslim Americans, and Americans
from South Asia play a vital role in our Nation and are entitled
to nothing less than the full rights of every American.
(2) The acts of violence that have been taken against Arab
and Muslim Americans since the September 11, 2001, attacks
against the United States should be and are condemned by
all Americans who value freedom.
(3) The concept of individual responsibility for wrongdoing
is sacrosanct in American society, and applies equally to all
religious, racial, and ethnic groups.
(4) When American citizens commit acts of violence against
those who are, or are perceived to be, of Arab or Muslim
descent, they should be punished to the full extent of the
law.
(5) Muslim Americans have become so fearful of harass-
ment 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
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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 back-
grounds.
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT
CENTER AT THE FEDERAL BUREAU OF INVESTIGATION.
There are authorized to be appropriated for the Technical Sup-
port Center established in section 811 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104–132) to help
meet the demands for activities to combat terrorism and support
and enhance the technical support and tactical operations of the
FBI, $200,000,000 for each of the fiscal years 2002, 2003, and
2004.
SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE
PROHIBITION IN CERTAIN EMERGENCIES.
Section 2332e of title 18, United States Code, is amended—
(1) by striking ‘‘2332c’’ and inserting ‘‘2332a’’; and
(2) by striking ‘‘chemical’’.
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE
INITIATIVE.
The Director of the United States Secret Service shall take
appropriate actions to develop a national network of electronic
crime task forces, based on the New York Electronic Crimes Task
Force model, throughout the United States, for the purpose of
preventing, detecting, and investigating various forms of electronic
crimes, including potential terrorist attacks against critical infra-
structure and financial payment systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers Act (50
U.S.C. 1702) is amended—
(1) in subsection (a)(1)—
(A) at the end of subparagraph (A) (flush to that
subparagraph), by striking ‘‘; and’’ and inserting a comma
and the following:
‘‘by any person, or with respect to any property, subject to
the jurisdiction of the United States;’’;
(B) in subparagraph (B)—
(i) by inserting ‘‘, block during the pendency of
an investigation’’ after ‘‘investigate’’; and
(ii) by striking ‘‘interest;’’ and inserting ‘‘interest
by any person, or with respect to any property, subject
to the jurisdiction of the United States; and’’;
(C) by striking ‘‘by any person, or with respect to
any property, subject to the jurisdiction of the United
States‘; and
(D) by inserting at the end the following:
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‘‘(C) when the United States is engaged in armed hos-
tilities or has been attacked by a foreign country or foreign
nationals, confiscate any property, subject to the jurisdic-
tion of the United States, of any foreign person, foreign
organization, or foreign country that he determines has
planned, authorized, aided, or engaged in such hostilities
or attacks against the United States; and all right, title,
and interest in any property so confiscated shall vest, when,
as, and upon the terms directed by the President, in such
agency or person as the President may designate from
time to time, and upon such terms and conditions as the
President may prescribe, such interest or property shall
be held, used, administered, liquidated, sold, or otherwise
dealt with in the interest of and for the benefit of the
United States, and such designated agency or person may
perform any and all acts incident to the accomplishment
or furtherance of these purposes.’’; and
(2) by inserting at the end the following:
‘‘(c) CLASSIFIED INFORMATION.—In any judicial review of a
determination made under this section, if the determination was
based on classified information (as defined in section 1(a) of the
Classified Information Procedures Act) such information may be
submitted to the reviewing court ex parte and in camera. This
subsection does not confer or imply any right to judicial review.’’.
TITLE II—ENHANCED SURVEILLANCE
PROCEDURES
SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO TERRORISM.
Section 2516(1) of title 18, United States Code, is amended—
(1) by redesignating paragraph (p), as so redesignated by
section 434(2) of the Antiterrorism and Effective Death Penalty
Act of 1996 (Public Law 104–132; 110 Stat. 1274), as paragraph
(r); and
(2) by inserting after paragraph (p), as so redesignated
by section 201(3) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104–208; 110 Stat. 3009–565), the following new para-
graph:
‘‘(q) any criminal violation of section 229 (relating to chemical
weapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B
of this title (relating to terrorism); or’’.
SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO COMPUTER FRAUD
AND ABUSE OFFENSES.
Section 2516(1)(c) of title 18, United States Code, is amended
by striking ‘‘and section 1341 (relating to mail fraud),’’ and inserting
‘‘section 1341 (relating to mail fraud), a felony violation of section
1030 (relating to computer fraud and abuse),’’.
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMA-
TION.
(a) AUTHORITY TO SHARE GRAND JURY INFORMATION.—
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(1) IN GENERAL.—Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure is amended to read as follows:
‘‘(C)(i) Disclosure otherwise prohibited by this rule of
matters occurring before the grand jury may also be made—
‘‘(I) when so directed by a court preliminarily to
or in connection with a judicial proceeding;
‘‘(II) when permitted by a court at the request
of the defendant, upon a showing that grounds may
exist for a motion to dismiss the indictment because
of matters occurring before the grand jury;
‘‘(III) when the disclosure is made by an attorney
for the government to another Federal grand jury;
‘‘(IV) when permitted by a court at the request
of an attorney for the government, upon a showing
that such matters may disclose a violation of State
criminal law, to an appropriate official of a State or
subdivision of a State for the purpose of enforcing
such law; or
‘‘(V) when the matters involve foreign intelligence
or counterintelligence (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)), or
foreign intelligence information (as defined in clause
(iv) of this subparagraph), to any Federal law enforce-
ment, intelligence, protective, immigration, national
defense, or national security official in order to assist
the official receiving that information in the perform-
ance of his official duties.
‘‘(ii) If the court orders disclosure of matters occurring
before the grand jury, the disclosure shall be made in
such manner, at such time, and under such conditions
as the court may direct.
‘‘(iii) Any Federal official to whom information is dis-
closed 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
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‘‘(II) information, whether or not concerning a
United States person, with respect to a foreign power
or foreign territory that relates to—
‘‘(aa) the national defense or the security of
the United States; or
‘‘(bb) the conduct of the foreign affairs of the
United States.’’.
(2) CONFORMING AMENDMENT.—Rule 6(e)(3)(D) of the Fed-
eral 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 INTER-
CEPTION INFORMATION.—
(1) LAW ENFORCEMENT.—Section 2517 of title 18, United
States Code, is amended by inserting at the end the following:
‘‘(6) Any investigative or law enforcement officer, or attorney
for the Government, who by any means authorized by this chapter,
has obtained knowledge of the contents of any wire, oral, or elec-
tronic communication, or evidence derived therefrom, may disclose
such contents to any other Federal law enforcement, intelligence,
protective, immigration, national defense, or national security offi-
cial to the extent that such contents include foreign intelligence
or counterintelligence (as defined in section 3 of the National Secu-
rity 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 perform-
ance of his official duties. Any Federal official who receives informa-
tion 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 informa-
tion.’’.
(2) DEFINITION.—Section 2510 of title 18, United States
Code, is amended by—
(A) in paragraph (17), by striking ‘‘and’’ after the semi-
colon;
(B) in paragraph (18), by striking the period and
inserting ‘‘; and’’; and
(C) by inserting at the end the following:
‘‘(19) ‘foreign intelligence information’ means—
‘‘(A) information, whether or not concerning a United
States person, that relates to the ability of the United
States to protect against—
‘‘(i) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
‘‘(ii) sabotage or international terrorism by a for-
eign power or an agent of a foreign power; or
‘‘(iii) clandestine intelligence activities by an intel-
ligence service or network of a foreign power or by
an agent of a foreign power; or
‘‘(B) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to—
‘‘(i) the national defense or the security of the
United States; or
‘‘(ii) the conduct of the foreign affairs of the United
States.’’.
(c) PROCEDURES.—The Attorney General shall establish proce-
dures for the disclosure of information pursuant to section 2517(6)
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and Rule 6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure
that identifies a United States person, as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801)).
(d) FOREIGN INTELLIGENCE INFORMATION.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, it shall be lawful for foreign intelligence or counterintel-
ligence (as defined in section 3 of the National Security Act
of 1947 (50 U.S.C. 401a)) or foreign intelligence information
obtained as part of a criminal investigation to be disclosed
to any Federal law enforcement, intelligence, protective,
immigration, national defense, or national security official in
order to assist the official receiving that information in the
performance of his official duties. Any Federal official who
receives information pursuant to this provision may use that
information only as necessary in the conduct of that person’s
official duties subject to any limitations on the unauthorized
disclosure of such information.
(2) DEFINITION.—In this subsection, the term ‘‘foreign intel-
ligence 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 intel-
ligence service or network of a foreign power or by
an agent of a foreign power; or
(B) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to—
(i) the national defense or the security of the
United States; or
(ii) the conduct of the foreign affairs of the United
States.
SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM
LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF
WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.
Section 2511(2)(f) of title 18, United States Code, is amended—
(1) by striking ‘‘this chapter or chapter 121’’ and inserting
‘‘this chapter or chapter 121 or 206 of this title’’; and
(2) by striking ‘‘wire and oral’’ and inserting ‘‘wire, oral,
and electronic’’.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU
OF INVESTIGATION.
(a) AUTHORITY.—The Director of the Federal Bureau of Inves-
tigation is authorized to expedite the employment of personnel
as translators to support counterterrorism investigations and oper-
ations 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).
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(c) REPORT.—The Attorney General shall report to the Commit-
tees on the Judiciary of the House of Representatives and the
Senate on—
(1) the number of translators employed by the FBI and
other components of the Department of Justice;
(2) any legal or practical impediments to using translators
employed by other Federal, State, or local agencies, on a full,
part-time, or shared basis; and
(3) the needs of the FBI for specific translation services
in certain languages, and recommendations for meeting those
needs.
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting ‘‘,
or in circumstances where the Court finds that the actions of
the target of the application may have the effect of thwarting
the identification of a specified person, such other persons,’’ after
‘‘specified person’’.
SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES
PERSONS WHO ARE AGENTS OF A FOREIGN POWER.
(a) DURATION.—
(1) SURVEILLANCE.—Section 105(e)(1) of the Foreign Intel-
ligence 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 applica-
tion or for 120 days, whichever is less’’.
(2) PHYSICAL SEARCH.—Section 304(d)(1) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended
by—
(A) striking ‘‘forty-five’’ and inserting ‘‘90’’;
(B) inserting ‘‘(A)’’ after ‘‘except that’’; and
(C) inserting before the period the following: ‘‘, and (B)
an order under this section for a physical search targeted
against an agent of a foreign power as defined in section
101(b)(1)(A) may be for the period specified in the application
or for 120 days, whichever is less’’.
(b) EXTENSION.—
(1) IN GENERAL.—Section 105(d)(2) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is
amended by—
(A) inserting ‘‘(A)’’ after ‘‘except that’’; and
(B) inserting before the period the following: ‘‘, and
(B) an extension of an order under this Act for a surveil-
lance targeted against an agent of a foreign power as
defined in section 101(b)(1)(A) may be for a period not
to exceed 1 year’’.
(2) DEFINED TERM.—Section 304(d)(2) of the Foreign Intel-
ligence 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),’’.
H. R. 3162—12
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 WAR-
RANTS.
Title 18, United States Code, is amended—
(1) in section 2510—
(A) in paragraph (1), by striking beginning with ‘‘and
such’’ and all that follows through ‘‘communication’’; and
(B) in paragraph (14), by inserting ‘‘wire or’’ after
‘‘transmission of’’; and
(2) in subsections (a) and (b) of section 2703—
(A) by striking ‘‘CONTENTS
OF
ELECTRONIC’’ and
inserting ‘‘CONTENTS OF WIRE OR ELECTRONIC’’ each place
it appears;
(B) by striking ‘‘contents of an electronic’’ and inserting
‘‘contents of a wire or electronic’’ each place it appears;
and
(C) by striking ‘‘any electronic’’ and inserting ‘‘any wire
or electronic’’ each place it appears.
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC
COMMUNICATIONS.
Section 2703(c)(2) of title 18, United States Code, as redesig-
nated by section 212, is amended—
(1) by striking ‘‘entity the name, address, local and long
distance telephone toll billing records, telephone number or
other subscriber number or identity, and length of service of
a subscriber’’ and inserting the following: ‘‘entity the—
‘‘(A) name;
‘‘(B) address;
‘‘(C) local and long distance telephone connection records,
or records of session times and durations;
‘‘(D) length of service (including start date) and types of
service utilized;
‘‘(E) telephone or instrument number or other subscriber
number or identity, including any temporarily assigned network
address; and
‘‘(F) means and source of payment for such service
(including any credit card or bank account number),
of a subscriber’’; and
(2) by striking ‘‘and the types of services the subscriber
or customer utilized,’’.
SEC. 211. CLARIFICATION OF SCOPE.
Section 631 of the Communications Act of 1934 (47 U.S.C.
551) is amended—
(1) in subsection (c)(2)—
(A) in subparagraph (B), by striking ‘‘or’’;
(B) in subparagraph (C), by striking the period at
the end and inserting ‘‘; or’’; and
(C) by inserting at the end the following:
H. R. 3162—13
‘‘(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 sub-
scriber selection of video programming from a cable operator.’’;
and
(2) in subsection (h), by striking ‘‘A governmental entity’’
and inserting ‘‘Except as provided in subsection (c)(2)(D), a
governmental entity’’.
SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICA-
TIONS TO PROTECT LIFE AND LIMB.
(a) DISCLOSURE OF CONTENTS.—
(1) IN GENERAL.—Section 2702 of title 18, United States
Code, is amended—
(A) by striking the section heading and inserting the
following:
‘‘§ 2702. Voluntary disclosure of customer communications
or records’’;
(B) in subsection (a)—
(i) in paragraph (2)(A), by striking ‘‘and’’ at the
end;
(ii) in paragraph (2)(B), by striking the period and
inserting ‘‘; and’’; and
(iii) by inserting after paragraph (2) the following:
‘‘(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly divulge
a record or other information pertaining to a subscriber to
or customer of such service (not including the contents of
communications covered by paragraph (1) or (2)) to any govern-
mental entity.’’;
(C) in subsection (b), by striking ‘‘EXCEPTIONS.—A per-
son or entity’’ and inserting ‘‘EXCEPTIONS FOR DISCLOSURE
OF COMMUNICATIONS.— A provider described in subsection
(a)’’;
(D) in subsection (b)(6)—
(i) in subparagraph (A)(ii), by striking ‘‘or’’;
(ii) in subparagraph (B), by striking the period
and inserting ‘‘; or’’; and
(iii) by adding after subparagraph (B) the fol-
lowing:
‘‘(C) if the provider reasonably believes that an emer-
gency involving immediate danger of death or serious phys-
ical injury to any person requires disclosure of the informa-
tion without delay.’’; and
(E) by inserting after subsection (b) the following:
‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS.—
A provider described in subsection (a) may divulge a record or
other information pertaining to a subscriber to or customer of
such service (not including the contents of communications covered
by subsection (a)(1) or (a)(2))—
‘‘(1) as otherwise authorized in section 2703;
‘‘(2) with the lawful consent of the customer or subscriber;
‘‘(3) as may be necessarily incident to the rendition of
the service or to the protection of the rights or property of
the provider of that service;
H. R. 3162—14
‘‘(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 disclo-
sure of the information; or
‘‘(5) to any person other than a governmental entity.’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for chapter 121 of title 18, United States Code,
is amended by striking the item relating to section 2702 and
inserting the following:
‘‘2702. Voluntary disclosure of customer communications or records.’’.
(b) REQUIREMENTS FOR GOVERNMENT ACCESS.—
(1) IN GENERAL.—Section 2703 of title 18, United States
Code, is amended—
(A) by striking the section heading and inserting the
following:
‘‘§ 2703. Required disclosure of customer communications or
records’’;
(B) in subsection (c) by redesignating paragraph (2)
as paragraph (3);
(C) in subsection (c)(1)—
(i) by striking ‘‘(A) Except as provided in subpara-
graph (B), a provider of electronic communication
service or remote computing service may’’ and inserting
‘‘A governmental entity may require a provider of elec-
tronic communication service or remote computing
service to’’;
(ii) by striking ‘‘covered by subsection (a) or (b)
of this section) to any person other than a govern-
mental entity.
‘‘(B) A provider of electronic communication service
or remote computing service shall disclose a record or other
information pertaining to a subscriber to or customer of
such service (not including the contents of communications
covered by subsection (a) or (b) of this section) to a govern-
mental entity’’ and inserting ‘‘)’’;
(iii) by redesignating subparagraph (C) as para-
graph (2);
(iv) by redesignating clauses (i), (ii), (iii), and (iv)
as subparagraphs (A), (B), (C), and (D), respectively;
(v) in subparagraph (D) (as redesignated) by
striking the period and inserting ‘‘; or’’; and
(vi) by inserting after subparagraph (D) (as
redesignated) the following:
‘‘(E) seeks information under paragraph (2).’’; and
(D) in paragraph (2) (as redesignated) by striking
‘‘subparagraph (B)’’ and insert ‘‘paragraph (1)’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for chapter 121 of title 18, United States Code,
is amended by striking the item relating to section 2703 and
inserting the following:
‘‘2703. Required disclosure of customer communications or records.’’.
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF
A WARRANT.
Section 3103a of title 18, United States Code, is amended—
H. R. 3162—15
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In addition’’;
and
(2) by adding at the end the following:
‘‘(b) DELAY.—With respect to the issuance of any warrant or
court order under this section, or any other rule of law, to search
for and seize any property or material that constitutes evidence
of a criminal offense in violation of the laws of the United States,
any notice required, or that may be required, to be given may
be delayed if—
‘‘(1) the court finds reasonable cause to believe that pro-
viding immediate notification of the execution of the warrant
may have an adverse result (as defined in section 2705);
‘‘(2) the warrant prohibits the seizure of any tangible prop-
erty, any wire or electronic communication (as defined in section
2510), or, except as expressly provided in chapter 121, any
stored wire or electronic information, except where the court
finds reasonable necessity for the seizure; and
‘‘(3) the warrant provides for the giving of such notice
within a reasonable period of its execution, which period may
thereafter be extended by the court for good cause shown.’’.
SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER
FISA.
(a) APPLICATIONS
AND ORDERS.—Section 402 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended—
(1) in subsection (a)(1), by striking ‘‘for any investigation
to gather foreign intelligence information or information con-
cerning international terrorism’’ and inserting ‘‘for any inves-
tigation to obtain foreign intelligence information not con-
cerning a United States person or to protect against inter-
national terrorism or clandestine intelligence activities, pro-
vided that such investigation of a United States person is
not conducted solely upon the basis of activities protected by
the first amendment to the Constitution’’;
(2) by amending subsection (c)(2) to read as follows:
‘‘(2) a certification by the applicant that the information
likely to be obtained is foreign intelligence information not
concerning a United States person or is relevant to an ongoing
investigation to protect against international terrorism or clan-
destine intelligence activities, provided that such investigation
of a United States person is not conducted solely upon the
basis of activities protected by the first amendment to the
Constitution.’’;
(3) by striking subsection (c)(3); and
(4) by amending subsection (d)(2)(A) to read as follows:
‘‘(A) shall specify—
‘‘(i) the identity, if known, of the person who is
the subject of the investigation;
‘‘(ii) the identity, if known, of the person to whom
is leased or in whose name is listed the telephone
line or other facility to which the pen register or trap
and trace device is to be attached or applied;
‘‘(iii) the attributes of the communications to which
the order applies, such as the number or other identi-
fier, 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,
H. R. 3162—16
in the case of a trap and trace device, the geographic
limits of the trap and trace order.’’.
(b) AUTHORIZATION DURING EMERGENCIES.—Section 403 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is
amended—
(1) in subsection (a), by striking ‘‘foreign intelligence
information or information concerning international terrorism’’
and inserting ‘‘foreign intelligence information not concerning
a United States person or information to protect against inter-
national terrorism or clandestine intelligence activities, pro-
vided that such investigation of a United States person is
not conducted solely upon the basis of activities protected by
the first amendment to the Constitution’’; and
(2) in subsection (b)(1), by striking ‘‘foreign intelligence
information or information concerning international terrorism’’
and inserting ‘‘foreign intelligence information not concerning
a United States person or information to protect against inter-
national terrorism or clandestine intelligence activities, pro-
vided 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 FOR-
EIGN INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861 et seq.) is amended by striking sections 501 through
503 and inserting the following:
‘‘SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVES-
TIGATIONS.
‘‘(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 investiga-
tion to protect against international terrorism or clandestine intel-
ligence activities, provided that such investigation of a United
States person is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution.
‘‘(2) An investigation conducted under this section shall—
‘‘(A) be conducted under guidelines approved by the
Attorney General under Executive Order 12333 (or a successor
order); and
‘‘(B) not be conducted of a United States person solely
upon the basis of activities protected by the first amendment
to the Constitution of the United States.
‘‘(b) Each application under this section—
‘‘(1) shall be made to—
‘‘(A) a judge of the court established by section 103(a);
or
‘‘(B) a United States Magistrate Judge under chapter
43 of title 28, United States Code, who is publicly des-
ignated 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
H. R. 3162—17
‘‘(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 inter-
national 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 applica-
tion meets the requirements of this section.
‘‘(2) An order under this subsection shall not disclose that
it is issued for purposes of an investigation described in subsection
(a).
‘‘(d) No person shall disclose to any other person (other than
those persons necessary to produce the tangible things under this
section) that the Federal Bureau of Investigation has sought or
obtained tangible things under this section.
‘‘(e) A person who, in good faith, produces tangible things
under an order pursuant to this section shall not be liable to
any other person for such production. Such production shall not
be deemed to constitute a waiver of any privilege in any other
proceeding or context.
‘‘SEC. 502. CONGRESSIONAL OVERSIGHT.
‘‘(a) On a semiannual basis, the Attorney General shall fully
inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate concerning all requests for the production of tangible
things under section 402.
‘‘(b) On a semiannual basis, the Attorney General shall provide
to the Committees on the Judiciary of the House of Representatives
and the Senate a report setting forth with respect to the preceding
6-month period—
‘‘(1) the total number of applications made for orders
approving requests for the production of tangible things under
section 402; and
‘‘(2) the total number of such orders either granted, modi-
fied, or denied.’’.
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN
REGISTERS AND TRAP AND TRACE DEVICES.
(a) GENERAL LIMITATIONS.—Section 3121(c) of title 18, United
States Code, is amended—
(1) by inserting ‘‘or trap and trace device’’ after ‘‘pen reg-
ister’’;
(2) by inserting ‘‘, routing, addressing,’’ after ‘‘dialing’’; and
(3) by striking ‘‘call processing’’ and inserting ‘‘the proc-
essing and transmitting of wire or electronic communications
so as not to include the contents of any wire or electronic
communications’’.
(b) ISSUANCE OF ORDERS.—
(1) IN GENERAL.—Section 3123(a) of title 18, United States
Code, is amended to read as follows:
‘‘(a) IN GENERAL.—
‘‘(1) ATTORNEY FOR THE GOVERNMENT.—Upon an applica-
tion 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
H. R. 3162—18
has certified to the court that the information likely to be
obtained by such installation and use is relevant to an ongoing
criminal investigation. The order, upon service of that order,
shall apply to any person or entity providing wire or electronic
communication service in the United States whose assistance
may facilitate the execution of the order. Whenever such an
order is served on any person or entity not specifically named
in the order, upon request of such person or entity, the attorney
for the Government or law enforcement or investigative officer
that is serving the order shall provide written or electronic
certification that the order applies to the person or entity
being served.
‘‘(2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER.—
Upon an application made under section 3122(a)(2), the court
shall enter an ex parte order authorizing the installation and
use of a pen register or trap and trace device within the
jurisdiction of the court, if the court finds that the State law
enforcement or investigative officer has certified to the court
that the information likely to be obtained by such installation
and use is relevant to an ongoing criminal investigation.
‘‘(3)(A) Where the law enforcement agency implementing
an ex parte order under this subsection seeks to do so by
installing and using its own pen register or trap and trace
device on a packet-switched data network of a provider of
electronic communication service to the public, the agency shall
ensure that a record will be maintained which will identify—
‘‘(i) any officer or officers who installed the device
and any officer or officers who accessed the device to obtain
information from the network;
‘‘(ii) the date and time the device was installed, the
date and time the device was uninstalled, and the date,
time, and duration of each time the device is accessed
to obtain information;
‘‘(iii) the configuration of the device at the time of
its installation and any subsequent modification thereof;
and
‘‘(iv) any information which has been collected by the
device.
To the extent that the pen register or trap and trace device
can be set automatically to record this information electroni-
cally, the record shall be maintained electronically throughout
the installation and use of such device.
‘‘(B) The record maintained under subparagraph (A) shall
be provided ex parte and under seal to the court which entered
the ex parte order authorizing the installation and use of the
device within 30 days after termination of the order (including
any extensions thereof).’’.
(2) CONTENTS OF ORDER.—Section 3123(b)(1) of title 18,
United States Code, is amended—
(A) in subparagraph (A)—
(i) by inserting ‘‘or other facility’’ after ‘‘telephone
line’’; and
(ii) by inserting before the semicolon at the end
‘‘or applied’’; and
(B) by striking subparagraph (C) and inserting the
following:
H. R. 3162—19
‘‘(C) the attributes of the communications to which
the order applies, including the number or other identifier
and, if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied, and, in the case of an order
authorizing installation and use of a trap and trace device
under subsection (a)(2), the geographic limits of the order;
and’’.
(3) NONDISCLOSURE REQUIREMENTS.—Section 3123(d)(2) of
title 18, United States Code, is amended—
(A) by inserting ‘‘or other facility’’ after ‘‘the line’’;
and
(B) by striking ‘‘, or who has been ordered by the
court’’ and inserting ‘‘or applied, or who is obligated by
the order’’.
(c) DEFINITIONS.—
(1) COURT OF COMPETENT JURISDICTION.—Section 3127(2)
of title 18, United States Code, is amended by striking subpara-
graph (A) and inserting the following:
‘‘(A) any district court of the United States (including
a magistrate judge of such a court) or any United States
court of appeals having jurisdiction over the offense being
investigated; or’’.
(2) PEN
REGISTER.—Section 3127(3) of title 18, United
States Code, is amended—
(A) by striking ‘‘electronic or other impulses’’ and all
that follows through ‘‘is attached’’ and inserting ‘‘dialing,
routing, addressing, or signaling information transmitted
by an instrument or facility from which a wire or electronic
communication is transmitted, provided, however, that
such information shall not include the contents of any
communication’’; and
(B) by inserting ‘‘or process’’ after ‘‘device’’ each place
it appears.
(3) TRAP AND TRACE DEVICE.—Section 3127(4) of title 18,
United States Code, is amended—
(A) by striking ‘‘of an instrument’’ and all that follows
through the semicolon and inserting ‘‘or other dialing,
routing, addressing, and signaling information reasonably
likely to identify the source of a wire or electronic commu-
nication, provided, however, that such information shall
not include the contents of any communication;’’; and
(B) by inserting ‘‘or process’’ after ‘‘a device’’.
(4) CONFORMING AMENDMENT.—Section 3127(1) of title 18,
United States Code, is amended—
(A) by striking ‘‘and’’; and
(B) by inserting ‘‘, and ‘contents’ ’’ after ‘‘electronic
communication service’’.
(5) TECHNICAL AMENDMENT.—Section 3124(d) of title 18,
United States Code, is amended by striking ‘‘the terms of’’.
(6) CONFORMING AMENDMENT.—Section 3124(b) of title 18,
United States Code, is amended by inserting ‘‘or other facility’’
after ‘‘the appropriate line’’.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICA-
TIONS.
Chapter 119 of title 18, United States Code, is amended—
H. R. 3162—20
(1) in section 2510—
(A) in paragraph (18), by striking ‘‘and’’ at the end;
(B) in paragraph (19), by striking the period and
inserting a semicolon; and
(C) by inserting after paragraph (19) the following:
‘‘(20) ‘protected computer’ has the meaning set forth in
section 1030; and
‘‘(21) ‘computer trespasser’—
‘‘(A) means a person who accesses a protected computer
without authorization and thus has no reasonable expecta-
tion of privacy in any communication transmitted to,
through, or from the protected computer; and
‘‘(B) does not include a person known by the owner
or operator of the protected computer to have an existing
contractual relationship with the owner or operator of the
protected computer for access to all or part of the protected
computer.’’; and
(2) in section 2511(2), by inserting at the end the following:
‘‘(i) It shall not be unlawful under this chapter for a person
acting under color of law to intercept the wire or electronic commu-
nications of a computer trespasser transmitted to, through, or from
the protected computer, if—
‘‘(I) the owner or operator of the protected computer author-
izes the interception of the computer trespasser’s communica-
tions 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 tres-
passer’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 tres-
passer.’’.
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 Surveil-
lance Act of 1978 are each amended by striking ‘‘the purpose’’
and inserting ‘‘a significant purpose’’.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is
amended by inserting after ‘‘executed’’ the following: ‘‘and (3) in
an investigation of domestic terrorism or international terrorism
(as defined in section 2331 of title 18, United States Code), by
a Federal magistrate judge in any district in which activities related
to the terrorism may have occurred, for a search of property or
for a person within or outside the district’’.
SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELEC-
TRONIC EVIDENCE.
(a) IN GENERAL.—Chapter 121 of title 18, United States Code,
is amended—
(1) in section 2703, by striking ‘‘under the Federal Rules
of Criminal Procedure’’ every place it appears and inserting
‘‘using the procedures described in the Federal Rules of
H. R. 3162—21
Criminal Procedure by a court with jurisdiction over the offense
under investigation’’; and
(2) in section 2711—
(A) in paragraph (1), by striking ‘‘and’’;
(B) in paragraph (2), by striking the period and
inserting ‘‘; and’’; and
(C) by inserting at the end the following:
‘‘(3) the term ‘court of competent jurisdiction’ has the
meaning assigned by section 3127, and includes any Federal
court within that definition, without geographic limitation.’’.
(b) CONFORMING AMENDMENT.—Section 2703(d) of title 18,
United States Code, is amended by striking ‘‘described in section
3127(2)(A)’’.
SEC. 221. TRADE SANCTIONS.
(a) IN
GENERAL.—The Trade Sanctions Reform and Export
Enhancement Act of 2000 (Public Law 106–387; 114 Stat. 1549A–
67) is amended—
(1) by amending section 904(2)(C) to read as follows:
‘‘(C) used to facilitate the design, development, or
production of chemical or biological weapons, missiles, or
weapons of mass destruction.’’;
(2) in section 906(a)(1)—
(A) by inserting ‘‘, the Taliban or the territory of
Afghanistan controlled by the Taliban,’’ after ‘‘Cuba’’; and
(B) by inserting ‘‘, or in the territory of Afghanistan
controlled by the Taliban,’’ after ‘‘within such country’’;
and
(3) in section 906(a)(2), by inserting ‘‘, or to any other
entity in Syria or North Korea’’ after ‘‘Korea’’.
(b) APPLICATION OF THE TRADE SANCTIONS REFORM AND EXPORT
ENHANCEMENT ACT.—Nothing in the Trade Sanctions Reform and
Export Enhancement Act of 2000 shall limit the application or
scope of any law establishing criminal or civil penalties, including
any Executive order or regulation promulgated pursuant to such
laws (or similar or successor laws), for the unlawful export of
any agricultural commodity, medicine, or medical device to—
(1) a foreign organization, group, or person designated
pursuant to Executive Order 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 destruc-
tion or missile proliferation.
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.
Nothing in this Act shall impose any additional technical obliga-
tion or requirement on a provider of a wire or electronic communica-
tion service or other person to furnish facilities or technical assist-
ance. A provider of a wire or electronic communication service,
H. R. 3162—22
landlord, custodian, or other person who furnishes facilities or tech-
nical assistance pursuant to section 216 shall be reasonably com-
pensated for such reasonable expenditures incurred in providing
such facilities or assistance.
SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLO-
SURES.
(a) Section 2520 of title 18, United States Code, is amended—
(1) in subsection (a), after ‘‘entity’’, by inserting ‘‘, other
than the United States,’’;
(2) by adding at the end the following:
‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds
that the circumstances surrounding the violation raise serious ques-
tions 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 depart-
ment or agency promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted.
If the head of the department or agency involved determines that
disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons
for such determination.’’; and
(3) by adding a new subsection (g), as follows:
‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any willful disclo-
sure or use by an investigative or law enforcement officer or govern-
mental entity of information beyond the extent permitted by section
2517 is a violation of this chapter for purposes of section 2520(a).’’.
(b) Section 2707 of title 18, United States Code, is amended—
(1) in subsection (a), after ‘‘entity’’, by inserting ‘‘, other
than the United States,’’;
(2) by striking subsection (d) and inserting the following:
‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds
that the circumstances surrounding the violation raise serious ques-
tions 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 depart-
ment or agency promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted.
If the head of the department or agency involved determines that
disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons
for such determination.’’; and
(3) by adding a new subsection (g), as follows:
‘‘(g) IMPROPER DISCLOSURE.—Any willful disclosure of a ‘record’,
as that term is defined in section 552a(a) of title 5, United States
Code, obtained by an investigative or law enforcement officer, or
a governmental entity, pursuant to section 2703 of this title, or
H. R. 3162—23
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:
‘‘§ 2712. Civil actions against the United States
‘‘(a) IN GENERAL.—Any person who is aggrieved by any willful
violation of this chapter or of chapter 119 of this title or of sections
106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) may commence an action
in United States District Court against the United States to recover
money damages. In any such action, if a person who is aggrieved
successfully establishes such a violation of this chapter or of chapter
119 of this title or of the above specific provisions of title 50,
the Court may assess as damages—
‘‘(1) actual damages, but not less than $10,000, whichever
amount is greater; and
‘‘(2) litigation costs, reasonably incurred.
‘‘(b) PROCEDURES.—(1) Any action against the United States
under this section may be commenced only after a claim is presented
to the appropriate department or agency under the procedures
of the Federal Tort Claims Act, as set forth in title 28, United
States Code.
‘‘(2) Any action against the United States under this section
shall be forever barred unless it is presented in writing to the
appropriate Federal agency within 2 years after such claim accrues
or unless action is begun within 6 months after the date of mailing,
by certified or registered mail, of notice of final denial of the
claim by the agency to which it was presented. The claim shall
accrue on the date upon which the claimant first has a reasonable
opportunity to discover the violation.
‘‘(3) Any action under this section shall be tried to the court
without a jury.
‘‘(4) Notwithstanding any other provision of law, the procedures
set forth in section 106(f), 305(g), or 405(f) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall
be the exclusive means by which materials governed by those sec-
tions 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 ques-
tions about whether or not an officer or employee of the United
H. R. 3162—24
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 depart-
ment or agency promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted.
If the head of the department or agency involved determines that
disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons
for such determination.
‘‘(d) EXCLUSIVE REMEDY.—Any action against the United States
under this subsection shall be the exclusive remedy against the
United States for any claims within the purview of this section.
‘‘(e) STAY OF PROCEEDINGS.—(1) Upon the motion of the United
States, the court shall stay any action commenced under this section
if the court determines that civil discovery will adversely affect
the ability of the Government to conduct a related investigation
or the prosecution of a related criminal case. Such a stay shall
toll the limitations periods of paragraph (2) of subsection (b).
‘‘(2) In this subsection, the terms ‘related criminal case’ and
‘related investigation’ mean an actual prosecution or investigation
in progress at the time at which the request for the stay or any
subsequent motion to lift the stay is made. In determining whether
an investigation or a criminal case is related to an action com-
menced under this section, the court shall consider the degree
of similarity between the parties, witnesses, facts, and cir-
cumstances involved in the 2 proceedings, without requiring that
any one or more factors be identical.
‘‘(3) In requesting a stay under paragraph (1), the Government
may, in appropriate cases, submit evidence ex parte in order to
avoid disclosing any matter that may adversely affect a related
investigation or a related criminal case. If the Government makes
such an ex parte submission, the plaintiff shall be given an oppor-
tunity to make a submission to the court, not ex parte, and the
court may, in its discretion, request further information from either
party.’’.
(2) The table of sections at the beginning of chapter 121 is
amended to read as follows:
‘‘2712. Civil action against the United States.’’.
SEC. 224. SUNSET.
(a) IN GENERAL.—Except as provided in subsection (b), this
title and the amendments made by this title (other than sections
203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222,
and the amendments made by those sections) shall cease to have
effect on December 31, 2005.
(b) EXCEPTION.—With respect to any particular foreign intel-
ligence investigation that began before the date on which the provi-
sions referred to in subsection (a) cease to have effect, or with
respect to any particular offense or potential offense that began
or occurred before the date on which such provisions cease to
have effect, such provisions shall continue in effect.
SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.
Section 105 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805) is amended by inserting after subsection
(g) the following:
H. R. 3162—25
‘‘(h) No cause of action shall lie in any court against any
provider of a wire or electronic communication service, landlord,
custodian, or other person (including any officer, employee, agent,
or other specified person thereof) that furnishes any information,
facilities, or technical assistance in accordance with a court order
or request for emergency assistance under this Act.’’.
TITLE 
III—INTERNATIONAL 
MONEY
LAUNDERING ABATEMENT AND ANTI-
TERRORIST FINANCING ACT OF 2001
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘International Money Laundering
Abatement and Financial Anti-Terrorism Act of 2001’’.
SEC. 302. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) money laundering, estimated by the International Mone-
tary 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 trans-
parency on which money launderers rely, are critical to the
financing of global terrorism and the provision of funds for
terrorist attacks;
(3) money launderers subvert legitimate financial mecha-
nisms 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 pro-
vide anonymity, coupled with weak financial supervisory and
enforcement regimes, provide essential tools to disguise owner-
ship and movement of criminal funds, derived from, or used
to commit, offenses ranging from narcotics trafficking, ter-
rorism, arms smuggling, and trafficking in human beings, to
financial frauds that prey on law-abiding citizens;
(5) transactions involving such offshore jurisdictions make
it difficult for law enforcement officials and regulators to follow
the trail of money earned by criminals, organized international
criminal enterprises, and global terrorist organizations;
(6) correspondent banking facilities are one of the banking
mechanisms susceptible in some circumstances to manipulation
by foreign banks to permit the laundering of funds by hiding
the identity of real parties in interest to financial transactions;
(7) private banking services can be susceptible to manipula-
tion by money launderers, for example corrupt foreign govern-
ment officials, particularly if those services include the creation
of offshore accounts and facilities for large personal funds trans-
fers to channel funds into accounts around the globe;
H. R. 3162—26
(8) United States anti-money laundering efforts are
impeded by outmoded and inadequate statutory provisions that
make investigations, prosecutions, and forfeitures more dif-
ficult, particularly in cases in which money laundering involves
foreign persons, foreign banks, or foreign countries;
(9) the ability to mount effective counter-measures to inter-
national 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 laun-
dering 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 laun-
dering and the financing of terrorism;
(2) to ensure that—
(A) banking transactions and financial relationships
and the conduct of such transactions and relationships,
do not contravene the purposes of subchapter II of chapter
53 of title 31, United States Code, section 21 of the Federal
Deposit Insurance Act, or chapter 2 of title I of Public
Law 91–508 (84 Stat. 1116), or facilitate the evasion of
any such provision; and
(B) the purposes of such provisions of law continue
to be fulfilled, and such provisions of law are effectively
and efficiently administered;
(3) to strengthen the provisions put into place by the Money
Laundering Control Act of 1986 (18 U.S.C. 981 note), especially
with respect to crimes by non-United States nationals and
foreign financial institutions;
(4) to provide a clear national mandate for subjecting to
special scrutiny those foreign jurisdictions, financial institutions
operating outside of the United States, and classes of inter-
national 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 spe-
cific foreign jurisdictions, financial institutions operating out-
side of the United States, and classes of international trans-
actions 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 oper-
ating 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
H. R. 3162—27
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 pen-
alties;
(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 exam-
ination of compliance by financial institutions with relevant
reporting requirements;
(12) to strengthen the ability of financial institutions to
maintain the integrity of their employee population; and
(13) to strengthen measures to prevent the use of the
United States financial system for personal gain by corrupt
foreign officials and to facilitate the repatriation of any stolen
assets to the citizens of countries to whom such assets belong.
SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED CONSIDER-
ATION.
(a) IN GENERAL.—Effective on and after the first day of fiscal
year 2005, the provisions of this title and the amendments made
by this title shall terminate if the Congress enacts a joint resolution,
the text after the resolving clause of which is as follows: ‘‘That
provisions of the International Money Laundering Abatement and
Anti-Terrorist Financing Act of 2001, and the amendments made
thereby, shall no longer have the force of law.’’.
(b) EXPEDITED CONSIDERATION.—Any joint resolution submitted
pursuant to this section should be considered by the Congress
expeditiously. In particular, it shall be considered in the Senate
in accordance with the provisions of section 601(b) of the Inter-
national Security Assistance and Arms Control Act of 1976.
Subtitle A—International Counter Money
Laundering and Related Measures
SEC. 311. SPECIAL MEASURES FOR JURISDICTIONS, FINANCIAL
INSTITUTIONS, OR INTERNATIONAL TRANSACTIONS OF
PRIMARY MONEY LAUNDERING CONCERN.
(a) IN GENERAL.—Subchapter II of chapter 53 of title 31, United
States Code, is amended by inserting after section 5318 the fol-
lowing new section:
‘‘§ 5318A. Special measures for jurisdictions, financial institu-
tions, or international transactions of primary
money laundering concern
‘‘(a) INTERNATIONAL COUNTER-MONEY LAUNDERING REQUIRE-
MENTS.—
‘‘(1) IN
GENERAL.—The Secretary of the Treasury may
require domestic financial institutions and domestic financial
H. R. 3162—28
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 regula-
tion.
‘‘(3) DURATION
OF
ORDERS; RULEMAKING.—Any order by
which a special measure described in paragraphs (1) through
(4) of subsection (b) is imposed (other than an order described
in section 5326)—
‘‘(A) shall be issued together with a notice of proposed
rulemaking relating to the imposition of such special
measure; and
‘‘(B) may not remain in effect for more than 120 days,
except pursuant to a rule promulgated on or before the
end of the 120-day period beginning on the date of issuance
of such order.
‘‘(4) PROCESS
FOR
SELECTING
SPECIAL
MEASURES.—In
selecting which special measure or measures to take under
this subsection, the Secretary of the Treasury—
‘‘(A) shall consult with the Chairman of the Board
of Governors of the Federal Reserve System, any other
appropriate Federal banking agency, as defined in section
3 of the Federal Deposit Insurance Act, the Secretary of
State, the Securities and Exchange Commission, the Com-
modity 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 spe-
cial measure would create a significant competitive
disadvantage, including any undue cost or burden asso-
ciated with compliance, for financial institutions orga-
nized 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.
H. R. 3162—29
‘‘(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 con-
cerning each transaction, with respect to a jurisdiction
outside of the United States, 1 or more financial institu-
tions 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 Sec-
retary shall determine, and shall include such information
as the Secretary may determine, including—
‘‘(i) the identity and address of the participants
in a transaction or relationship, including the identity
of the originator of any funds transfer;
‘‘(ii) the legal capacity in which a participant in
any transaction is acting;
‘‘(iii) the identity of the beneficial owner of the
funds involved in any transaction, in accordance with
such procedures as the Secretary determines to be
reasonable and practicable to obtain and retain the
information; and
‘‘(iv) a description of any transaction.
‘‘(2) INFORMATION RELATING TO BENEFICIAL OWNERSHIP.—
In addition to any other requirement under any other provision
of law, the Secretary may require any domestic financial institu-
tion 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 owner-
ship 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 rep-
resentative 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.
H. R. 3162—30
‘‘(3) INFORMATION RELATING TO CERTAIN PAYABLE-THROUGH
ACCOUNTS.—If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating outside
of the United States, or 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United States
to be of primary money laundering concern, the Secretary may
require any domestic financial institution or domestic financial
agency that opens or maintains a payable-through account in
the United States for a foreign financial institution involving
any such jurisdiction or any such financial institution operating
outside of the United States, or a payable through account
through which any such transaction may be conducted, as
a condition of opening or maintaining such account—
‘‘(A) to identify each customer (and representative of
such customer) of such financial institution who is per-
mitted to use, or whose transactions are routed through,
such payable-through account; and
‘‘(B) to obtain, with respect to each such customer
(and each such representative), information that is substan-
tially comparable to that which the depository institution
obtains in the ordinary course of business with respect
to its customers residing in the United States.
‘‘(4) INFORMATION RELATING TO CERTAIN CORRESPONDENT
ACCOUNTS.—If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating outside
of the United States, or 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United States
to be of primary money laundering concern, the Secretary may
require any domestic financial institution or domestic financial
agency that opens or maintains a correspondent account in
the United States for a foreign financial institution involving
any such jurisdiction or any such financial institution operating
outside of the United States, or a correspondent account
through which any such transaction may be conducted, as
a condition of opening or maintaining such account—
‘‘(A) to identify each customer (and representative of
such customer) of any such financial institution who is
permitted to use, or whose transactions are routed through,
such correspondent account; and
‘‘(B) to obtain, with respect to each such customer
(and each such representative), information that is substan-
tially 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 Gen-
eral, and the Chairman of the Board of Governors of the Federal
Reserve System, may prohibit, or impose conditions upon, the
opening or maintaining in the United States of a correspondent
account or payable- through account by any domestic financial
institution or domestic financial agency for or on behalf of
H. R. 3162—31
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 par-
ticular jurisdiction—
‘‘(i) evidence that organized criminal groups, inter-
national terrorists, or both, have transacted business
in that jurisdiction;
‘‘(ii) the extent to which that jurisdiction or finan-
cial institutions operating in that jurisdiction offer
bank secrecy or special regulatory advantages to non-
residents 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 finan-
cial transactions occurring in that jurisdiction and the
size of the economy of the jurisdiction;
‘‘(v) the extent to which that jurisdiction is
characterized as an offshore banking or secrecy haven
by credible international organizations or multilateral
expert groups;
‘‘(vi) whether the United States has a mutual legal
assistance treaty with that jurisdiction, and the experi-
ence of United States law enforcement officials and
regulatory officials in obtaining information about
transactions originating in or routed through or to
such jurisdiction; and
‘‘(vii) the extent to which that jurisdiction is
characterized by high levels of official or institutional
corruption.
‘‘(B) INSTITUTIONAL FACTORS.—In the case of a decision
to apply 1 or more of the special measures described in
subsection (b) only to a financial institution or institutions,
or to a transaction or class of transactions, or to a type
of account, or to all 3, within or involving a particular
jurisdiction—
‘‘(i) the extent to which such financial institutions,
transactions, or types of accounts are used to facilitate
H. R. 3162—32
or promote money laundering in or through the juris-
diction;
‘‘(ii) the extent to which such institutions, trans-
actions, or types of accounts are used for legitimate
business purposes in the jurisdiction; and
‘‘(iii) the extent to which such action is sufficient
to ensure, with respect to transactions involving the
jurisdiction and institutions operating in the jurisdic-
tion, 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 SEC-
RETARY.—Not later than 10 days after the date of any action taken
by the Secretary of the Treasury under subsection (a)(1), the Sec-
retary 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 relation-
ship 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 
‘cor-
respondent 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 appro-
priate 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 sub-
sections (i) and (j) of section 5318. Such regulations shall
address issues related to an individual’s authority to fund,
H. R. 3162—33
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 individ-
uals 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, fur-
ther define the terms in paragraphs (1), (2), and (3), and define
other terms for the purposes of this section, as the Secretary
deems appropriate.’’.
(b) CLERICAL AMENDMENT.—The table of sections for subchapter
II of chapter 53 of title 31, United States Code, is amended by
inserting after the item relating to section 5318 the following new
item:
‘‘5318A. Special measures for jurisdictions, financial institutions, or international
transactions of primary money laundering concern.’’.
SEC. 312. SPECIAL DUE DILIGENCE FOR CORRESPONDENT ACCOUNTS
AND PRIVATE BANKING ACCOUNTS.
(a) IN GENERAL.—Section 5318 of title 31, United States Code,
is amended by adding at the end the following:
‘‘(i) DUE DILIGENCE FOR UNITED STATES PRIVATE BANKING AND
CORRESPONDENT BANK ACCOUNTS INVOLVING FOREIGN PERSONS.—
‘‘(1) IN GENERAL.—Each financial institution that estab-
lishes, 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 vis-
iting the United States, or a representative of a non-United
States person shall establish appropriate, specific, and, where
necessary, enhanced, due diligence policies, procedures, and
controls that are reasonably designed to detect and report
instances of money laundering through those accounts.
‘‘(2) ADDITIONAL STANDARDS FOR CERTAIN CORRESPONDENT
ACCOUNTS.—
‘‘(A) IN GENERAL.—Subparagraph (B) shall apply if a
correspondent account is requested or maintained by, or
on behalf of, a foreign bank operating—
‘‘(i) under an offshore banking license; or
‘‘(ii) under a banking license issued by a foreign
country that has been designated—
‘‘(I) as noncooperative with international anti-
money laundering principles or procedures by an
intergovernmental group or organization of which
the United States is a member, with which des-
ignation the United States representative to the
group or organization concurs; or
‘‘(II) by the Secretary of the Treasury as war-
ranting 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
H. R. 3162—34
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 pro-
vides correspondent accounts to other foreign banks
and, if so, the identity of those foreign banks and
related due diligence information, as appropriate under
paragraph (1).
‘‘(3) 
MINIMUM
STANDARDS
FOR
PRIVATE
BANKING
ACCOUNTS.—If a private banking account is requested or main-
tained 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 bene-
ficial 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 trans-
actions that may involve the proceeds of foreign corruption.
‘‘(4) DEFINITION.—For purposes of this subsection, the fol-
lowing definitions shall apply:
‘‘(A) OFFSHORE BANKING LICENSE.—The term ‘offshore
banking license’ means a license to conduct banking activi-
ties 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 individ-
uals who have a direct or beneficial ownership interest
in the account; and
‘‘(iii) is assigned to, or is administered or managed
by, in whole or in part, an officer, employee, or agent
of a financial institution acting as a liaison between
the financial institution and the direct or beneficial
owner of the account.’’.
(b) REGULATORY 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
H. R. 3162—35
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 enforce-
ability of this section or the amendments made by this section.
Section 5318(i) of title 31, United States Code, as added by
this section, shall apply with respect to accounts covered by
that section 5318(i), that are opened before, on, or after the
date of enactment of this Act.
SEC. 
313. 
PROHIBITION 
ON 
UNITED 
STATES 
CORRESPONDENT
ACCOUNTS WITH FOREIGN SHELL BANKS.
(a) IN GENERAL.—Section 5318 of title 31, United States Code,
as amended by this title, is amended by adding at the end the
following:
‘‘(j) PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS
WITH FOREIGN SHELL BANKS.—
‘‘(1) IN GENERAL.—A financial institution described in sub-
paragraphs (A) through (G) of section 5312(a)(2) (in this sub-
section referred to as a ‘covered financial institution’) shall
not establish, maintain, administer, or manage a correspondent
account in the United States for, or on behalf of, a foreign
bank that does not have a physical presence in any country.
‘‘(2) PREVENTION OF INDIRECT SERVICE TO FOREIGN SHELL
BANKS.—A covered financial institution shall take reasonable
steps to ensure that any correspondent account established,
maintained, administered, or managed by that covered financial
institution in the United States for a foreign bank is not being
used by that foreign bank to indirectly provide banking services
to another foreign bank that does not have a physical presence
in any country. The Secretary of the Treasury shall, by regula-
tion, 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 institu-
tion, credit union, or foreign bank described in subpara-
graph (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 deposi-
tory 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
H. R. 3162—36
bank is authorized to conduct banking activities, at
which location the foreign bank—
‘‘(I) employs 1 or more individuals on a full-
time basis; and
‘‘(II) maintains operating records related to
its banking activities; and
‘‘(iii) is subject to inspection by the banking
authority which licensed the foreign bank to conduct
banking activities.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect at the end of the 60-day period beginning on
the date of enactment of this Act.
SEC. 314. 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 institu-
tions information regarding individuals, entities, and organiza-
tions engaged in or reasonably suspected based on credible
evidence of engaging in terrorist acts or money laundering
activities.
(2) COOPERATION
AND
INFORMATION
SHARING
PROCE-
DURES.—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 ter-
rorist groups, the means by which terrorist groups transfer
funds around the world and within the United States,
including through the use of charitable organizations, non-
profit 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 relation-
ship, between international narcotics traffickers and foreign
terrorist organizations, the extent to which their member-
ships 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 enforce-
ment organizations.
(3) CONTENTS.—The regulations adopted pursuant to para-
graph (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 organiza-
tions identified, pursuant to paragraph (1); and
(B) further establish procedures for the protection of
the shared information, consistent with the capacity, size,
H. R. 3162—37
and nature of the institution to which the particular proce-
dures 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 finan-
cial institution pursuant to this section shall not be used for
any purpose other than identifying and reporting on activities
that may involve terrorist acts or money laundering activities.
(b) COOPERATION
AMONG
FINANCIAL
INSTITUTIONS.—Upon
notice provided to the Secretary, 2 or more financial institutions
and any association of financial institutions may share information
with one another regarding individuals, entities, organizations, and
countries suspected of possible terrorist or money laundering activi-
ties. 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 laun-
dering activities shall not be liable to any person under any law
or regulation of the United States, any constitution, law, or regula-
tion 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 activi-
ties 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 SUS-
PICIOUS FINANCIAL ACTIVITIES.—At least semiannually, the Sec-
retary shall—
(1) publish a report containing a detailed analysis identi-
fying patterns of suspicious activity and other investigative
insights derived from suspicious activity reports and investiga-
tions 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)—
(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)’’;
(B) in clause (iii), by striking ‘‘1978’’ and inserting
‘‘1978)’’; and
(C) by adding at the end the following:
H. R. 3162—38
‘‘(iv) bribery of a public official, or the misappro-
priation, theft, or 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
(2) in subparagraph (D)—
(A) by inserting ‘‘section 541 (relating to goods falsely
classified),’’ before ‘‘section 542’’;
(B) by inserting ‘‘section 922(1) (relating to the unlaw-
ful 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
(D) 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.
(a) RIGHT TO CONTEST.—An owner of property that is con-
fiscated 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.
(b) EVIDENCE.—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.
(c) CLARIFICATIONS.—
(1) PROTECTION OF RIGHTS.—The exclusion of certain provi-
sions 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
H. R. 3162—39
(C) subchapter II of chapter 5 of title 5, United States
Code (commonly known as the ‘‘Administrative Procedure
Act’’).
(2) SAVINGS CLAUSE.—Nothing 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.
(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—
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and moving the margins 2
ems to the right;
(2) by inserting after ‘‘(b)’’ the following: ‘‘PENALTIES.—
‘‘(1) IN GENERAL.—’’;
(3) by inserting ‘‘, or section 1957’’ after ‘‘or (a)(3)’’; and
(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
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 sub-
section (a) involving a financial transaction that occurs
in whole or in part in the United States;
‘‘(B) 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 (B) 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.
H. R. 3162—40
‘‘(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 agree-
ment, or other arrangement for international law
enforcement 
assistance, 
provided 
that 
such
requests are in accordance with the policies and
procedures of the Attorney General.’’.
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:
‘‘(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.
(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.—
‘‘(1) 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
H. R. 3162—87
(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 NON-
IMMIGRANT STATUS.—
(1) FILING DELAYS.—In the case of an alien who was law-
fully present in the United States as a nonimmigrant on Sep-
tember 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 unlaw-
fully 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 other-
wise 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 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 other-
wise 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.—
H. R. 3162—110
(g) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.—
Section 46505(c) 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.’’.
(h) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZ-
ARDOUS 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.
(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’’.
(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 punished’’; and
(3) by striking ‘‘and 1113’’ and inserting ‘‘1113, and 1117’’.
(c) COMMUNICATIONS LINES, STATIONS, OR SYSTEMS.—Section
1362 of title 18, United States Code, is amended in the first undesig-
nated 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’’.
(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.
(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.’’.
(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’’.
(g) TORTURE.—Section 2340A of title 18, United States Code,
is amended by adding at the end the following:
‘‘(c) CONSPIRACY.—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 of 1954 (42 U.S.C. 2284), is amended—
(1) in subsection (a)—