The USA Patriot Act - Full Text and Commentary

The USA Patriot Act - Full Text and Commentary: Page 11 of 11

TITLE X--MISCELLANEOUS SEC. 1001. <> REVIEW OF THE DEPARTMENT OF JUSTICE. The Inspector General of the Department of Justice shall designate one official who shall-- (1) review information and receive complaints alleging abuses of civil rights and civil liberties by employees and officials of the Department of Justice; (2) <> make public through the Internet, radio, television, and newspaper advertisements information on the responsibilities and functions of, and how to contact, the official; and (3) <> submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on a semi-annual basis a report on the implementation of this subsection and detailing any abuses described in paragraph (1), including a description of the use of funds appropriations used to carry out this subsection. SEC. 1002. SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) all Americans are united in condemning, in the strongest possible terms, the terrorists who planned and carried out the attacks against the United States on September 11, 2001, and in pursuing all those responsible for those attacks and their sponsors until they are brought to justice; (2) Sikh-Americans form a vibrant, peaceful, and law-abiding part of America's people; [[Page 115 STAT. 392]] (3) approximately 500,000 Sikhs reside in the United States and are a vital part of the Nation; (4) Sikh-Americans stand resolutely in support of the commitment of our Government to bring the terrorists and those that harbor them to justice; (5) the Sikh faith is a distinct religion with a distinct religious and ethnic identity that has its own places of worship and a distinct holy text and religious tenets; (6) many Sikh-Americans, who are easily recognizable by their turbans and beards, which are required articles of their faith, have suffered both verbal and physical assaults as a result of misguided anger toward Arab-Americans and Muslim- Americans in the wake of the September 11, 2001 terrorist attack; (7) Sikh-Americans, as do all Americans, condemn acts of prejudice against any American; and (8) Congress is seriously concerned by the number of crimes against Sikh-Americans and other Americans all across the Nation that have been reported in the wake of the tragic events that unfolded on September 11, 2001. (b) Sense of Congress.--Congress-- (1) declares that, in the quest to identify, locate, and bring to justice the perpetrators and sponsors of the terrorist attacks on the United States on September 11, 2001, the civil rights and civil liberties of all Americans, including Sikh- Americans, should be protected; (2) condemns bigotry and any acts of violence or discrimination against any Americans, including Sikh-Americans; (3) calls upon local and Federal law enforcement authorities to work to prevent crimes against all Americans, including Sikh- Americans; and (4) calls upon local and Federal law enforcement authorities to prosecute to the fullest extent of the law all those who commit crimes. SEC. 1003. DEFINITION OF ``ELECTRONIC SURVEILLANCE''. Section 101(f)(2) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801(f)(2)) is amended by adding at the end before the semicolon the following: ``, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18, United States Code''. SEC. 1004. VENUE IN MONEY LAUNDERING CASES. Section 1956 of title 18, United States Code, is amended by adding at the end the following: ``(i) Venue.--(1) Except as provided in paragraph (2), a prosecution for an offense under this section or section 1957 may be brought in-- ``(A) any district in which the financial or monetary transaction is conducted; or ``(B) any district where a prosecution for the underlying specified unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transaction is conducted. ``(2) A prosecution for an attempt or conspiracy offense under this section or section 1957 may be brought in the district where venue would lie for the completed offense under paragraph (1), [[Page 115 STAT. 393]] or in any other district where an act in furtherance of the attempt or conspiracy took place. ``(3) For purposes of this section, a transfer of funds from 1 place to another, by wire or any other means, shall constitute a single, continuing transaction. Any person who conducts (as that term is defined in subsection (c)(2)) any portion of the transaction may be charged in any district in which the transaction takes place.''. SEC. 1005. <> FIRST RESPONDERS ASSISTANCE ACT. (a) Grant Authorization.--The Attorney General shall make grants described in subsections (b) and (c) to States and units of local government to improve the ability of State and local law enforcement, fire department and first responders to respond to and prevent acts of terrorism. (b) Terrorism Prevention Grants.--Terrorism prevention grants under this subsection may be used for programs, projects, and other activities to-- (1) hire additional law enforcement personnel dedicated to intelligence gathering and analysis functions, including the formation of full-time intelligence and analysis units; (2) purchase technology and equipment for intelligence gathering and analysis functions, including wire-tap, pen links, cameras, and computer hardware and software; (3) purchase equipment for responding to a critical incident, including protective equipment for patrol officers such as quick masks; (4) purchase equipment for managing a critical incident, such as communications equipment for improved interoperability among surrounding jurisdictions and mobile command posts for overall scene management; and (5) fund technical assistance programs that emphasize coordination among neighboring law enforcement agencies for sharing resources, and resources coordination among law enforcement agencies for combining intelligence gathering and analysis functions, and the development of policy, procedures, memorandums of understanding, and other best practices. (c) Antiterrorism Training Grants.--Antiterrorism training grants under this subsection may be used for programs, projects, and other activities to address-- (1) intelligence gathering and analysis techniques; (2) community engagement and outreach; (3) critical incident management for all forms of terrorist attack; (4) threat assessment capabilities; (5) conducting followup investigations; and (6) stabilizing a community after a terrorist incident. (d) Application.-- (1) In general.--Each eligible entity that desires to receive a grant under this section shall submit an application to the Attorney General, at such time, in such manner, and accompanied by such additional information as the Attorney General may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; and [[Page 115 STAT. 394]] (B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. (e) Minimum Amount.--If all applications submitted by a State or units of local government within that State have not been funded under this section in any fiscal year, that State, if it qualifies, and the units of local government within that State, shall receive in that fiscal year not less than 0.5 percent of the total amount appropriated in that fiscal year for grants under this section. (f) Authorization of Appropriations.--There are authorized to be appropriated $25,000,000 for each of the fiscal years 2003 through 2007. SEC. 1006. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY LAUNDERING. (a) Amendment to Immigration and Nationality Act.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: ``(I) Money laundering.--Any alien-- ``(i) who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described in section 1956 or 1957 of title 18, United States Code (relating to laundering of monetary instruments); or ``(ii) who a consular officer or the Attorney General knows is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense which is described in such section; is inadmissible.''. (b) Money <> Laundering Watchlist.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop, implement, and certify to the Congress that there has been established a money laundering watchlist, which identifies individuals worldwide who are known or suspected of money laundering, which is readily accessible to, and shall be checked by, a consular or other Federal official prior to the issuance of a visa or admission to the United States. The Secretary of State shall develop and continually update the watchlist in cooperation with the Attorney General, the Secretary of the Treasury, and the Director of Central Intelligence. SEC. 1007. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN SOUTH AND CENTRAL ASIA. In addition to amounts otherwise available to carry out section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291), there is authorized to be appropriated to the President not less than $5,000,000 for fiscal year 2002 for regional antidrug training in the Republic of Turkey by the Drug Enforcement Administration for police, as well as increased precursor chemical control efforts in the South and Central Asia region. [[Page 115 STAT. 395]] SEC. 1008. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER SCANNING SYSTEM WITH ACCESS TO THE FBI INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AT OVERSEAS CONSULAR POSTS AND POINTS OF ENTRY TO THE UNITED STATES. (a) In General.--The Attorney General, in consultation with the Secretary of State and the Secretary of Transportation, shall conduct a study on the feasibility of utilizing a biometric identifier (fingerprint) scanning system, with access to the database of the Federal Bureau of Investigation Integrated Automated Fingerprint Identification System, at consular offices abroad and at points of entry into the United States to enhance the ability of State Department and immigration officials to identify aliens who may be wanted in connection with criminal or terrorist investigations in the United States or abroad prior to the issuance of visas or entry into the United States. (b) Report <> to Congress.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall submit a report summarizing the findings of the study authorized under subsection (a) to the Committee on International Relations and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. SEC. 1009. STUDY OF ACCESS. (a) In <> General.--Not later than 120 days after enactment of this Act, the Federal Bureau of Investigation shall study and report to Congress on the feasibility of providing to airlines access via computer to the names of passengers who are suspected of terrorist activity by Federal officials. (b) Authorization.--There are authorized to be appropriated not more than $250,000 to carry out subsection (a). SEC. 1010. <> TEMPORARY AUTHORITY TO CONTRACT WITH LOCAL AND STATE GOVERNMENTS FOR PERFORMANCE OF SECURITY FUNCTIONS AT UNITED STATES MILITARY INSTALLATIONS. (a) In General.--Notwithstanding section 2465 of title 10, United States Code, during the period of time that United States armed forces are engaged in Operation Enduring Freedom, and for the period of 180 days thereafter, funds appropriated to the Department of Defense may be obligated and expended for the purpose of entering into contracts or other agreements for the performance of security functions at any military installation or facility in the United States with a proximately located local or State government, or combination of such governments, whether or not any such government is obligated to provide such services to the general public without compensation. (b) Training.--Any contract or agreement entered into under this section shall prescribe standards for the training and other qualifications of local government law enforcement personnel who perform security functions under this section in accordance with criteria established by the Secretary of the service concerned. (c) Report.--One <> year after the date of enactment of this section, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives describing the use of the authority granted under [[Page 115 STAT. 396]] this section and the use by the Department of Defense of other means to improve the performance of security functions on military installations and facilities located within the United States. SEC. 1011. <> CRIMES AGAINST CHARITABLE AMERICANS. (a) Short <> Title.--This section may be cited as the ``Crimes Against Charitable Americans Act of 2001''. (b) Telemarketing and Consumer Fraud Abuse.--The Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.) is amended-- (1) in section 3(a)(2), <> by inserting after ``practices'' the second place it appears the following: ``which shall include fraudulent charitable solicitations, and''; (2) in section 3(a)(3)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) a requirement that any person engaged in telemarketing for the solicitation of charitable contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to solicit charitable contributions, donations, or gifts, and make such other disclosures as the Commission considers appropriate, including the name and mailing address of the charitable organization on behalf of which the solicitation is made.''; and (3) <> in section 7(4), by inserting ``, or a charitable contribution, donation, or gift of money or any other thing of value,'' after ``services''. (c) Red Cross Members or Agents.--Section 917 of title 18, United States Code, is amended by striking ``one year'' and inserting ``5 years''. (d) Telemarketing Fraud.--Section 2325(1) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking the comma at the end and inserting ``; or''; (3) by inserting after subparagraph (B) the following: ``(C) a charitable contribution, donation, or gift of money or any other thing of value,''; and (4) in the flush language, by inserting ``or charitable contributor, or donor'' after ``participant''. SEC. 1012. <> LIMITATION ON ISSUANCE OF HAZMAT LICENSES. (a) Limitation.-- (1) In general.--Chapter 51 of title 49, United States Code, is amended by inserting after section 5103 the following new section: ``Sec. 5103a. Limitation on issuance of hazmat licenses ``(a) Limitation.-- ``(1) Issuance of licenses.--A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless the Secretary of [[Page 115 STAT. 397]] Transportation has first determined, upon receipt of a notification under subsection (c)(1)(B), that the individual does not pose a security risk warranting denial of the license. ``(2) Renewals included.--For the purposes of this section, the term `issue', with respect to a license, includes renewal of the license. ``(b) Hazardous Materials Described.--The limitation in subsection (a) shall apply with respect to-- ``(1) any material defined as a hazardous material by the Secretary of Transportation; and ``(2) any chemical or biological material or agent determined by the Secretary of Health and Human Services or the Attorney General as being a threat to the national security of the United States. ``(c) Background Records Check.-- ``(1) In general.--Upon the request of a State regarding issuance of a license described in subsection (a)(1) to an individual, the Attorney General-- ``(A) shall carry out a background records check regarding the individual; and ``(B) upon completing the background records check, shall notify the Secretary of Transportation of the completion and results of the background records check. ``(2) Scope.--A background records check regarding an individual under this subsection shall consist of the following: ``(A) A check of the relevant criminal history data bases. ``(B) In the case of an alien, a check of the relevant data bases to determine the status of the alien under the immigration laws of the United States. ``(C) As appropriate, a check of the relevant international data bases through Interpol-U.S. National Central Bureau or other appropriate means. ``(d) Reporting Requirement.--Each State shall submit to the Secretary of Transportation, at such time and in such manner as the Secretary may prescribe, the name, address, and such other information as the Secretary may require, concerning-- ``(1) each alien to whom the State issues a license described in subsection (a); and ``(2) each other individual to whom such a license is issued, as the Secretary may require. ``(e) Alien Defined.--In this section, the term `alien' has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5103 the following new item: ``5103a. Limitation on issuance of hazmat licenses.''. (b) Regulation of Driver Fitness.--Section 31305(a)(5) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by inserting ``and'' at the end of subparagraph (B); and (3) by adding at the end the following new subparagraph: ``(C) is licensed by a State to operate the vehicle after having first been determined under section 5103a of this title as not posing a security risk warranting denial of the license.''. [[Page 115 STAT. 398]] (c) Authorization <> of Appropriations.-- There is authorized to be appropriated for the Department of Transportation and the Department of Justice such amounts as may be necessary to carry out section 5103a of title 49, United States Code, as added by subsection (a). SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING THE PROVISION OF FUNDING FOR BIOTERRORISM PREPAREDNESS AND RESPONSE. (a) Findings.--The Senate finds the following: (1) Additional steps must be taken to better prepare the United States to respond to potential bioterrorism attacks. (2) The threat of a bioterrorist attack is still remote, but is increasing for a variety of reasons, including-- (A) public pronouncements by Osama bin Laden that it is his religious duty to acquire weapons of mass destruction, including chemical and biological weapons; (B) the callous disregard for innocent human life as demonstrated by the terrorists' attacks of September 11, 2001; (C) the resources and motivation of known terrorists and their sponsors and supporters to use biological warfare; (D) recent scientific and technological advances in agent delivery technology such as aerosolization that have made weaponization of certain germs much easier; and (E) the increasing access to the technologies and expertise necessary to construct and deploy chemical and biological weapons of mass destruction. (3) Coordination of Federal, State, and local terrorism research, preparedness, and response programs must be improved. (4) States, local areas, and public health officials must have enhanced resources and expertise in order to respond to a potential bioterrorist attack. (5) National, State, and local communication capacities must be enhanced to combat the spread of chemical and biological illness. (6) Greater resources must be provided to increase the capacity of hospitals and local health care workers to respond to public health threats. (7) Health care professionals must be better trained to recognize, diagnose, and treat illnesses arising from biochemical attacks. (8) Additional supplies may be essential to increase the readiness of the United States to respond to a bio-attack. (9) Improvements must be made in assuring the safety of the food supply. (10) New vaccines and treatments are needed to assure that we have an adequate response to a biochemical attack. (11) Government research, preparedness, and response programs need to utilize private sector expertise and resources. (12) Now is the time to strengthen our public health system and ensure that the United States is adequately prepared to respond to potential bioterrorist attacks, natural infectious disease outbreaks, and other challenges and potential threats to the public health. [[Page 115 STAT. 399]] (b) Sense of the Senate.--It is the sense of the Senate that the United States should make a substantial new investment this year toward the following: (1) Improving State and local preparedness capabilities by upgrading State and local surveillance epidemiology, assisting in the development of response plans, assuring adequate staffing and training of health professionals to diagnose and care for victims of bioterrorism, extending the electronics communications networks and training personnel, and improving public health laboratories. (2) Improving hospital response capabilities by assisting hospitals in developing plans for a bioterrorist attack and improving the surge capacity of hospitals. (3) Upgrading the bioterrorism capabilities of the Centers for Disease Control and Prevention through improving rapid identification and health early warning systems. (4) Improving disaster response medical systems, such as the National Disaster Medical System and the Metropolitan Medical Response System and Epidemic Intelligence Service. (5) Targeting research to assist with the development of appropriate therapeutics and vaccines for likely bioterrorist agents and assisting with expedited drug and device review through the Food and Drug Administration. (6) Improving the National Pharmaceutical Stockpile program by increasing the amount of necessary therapies (including smallpox vaccines and other post-exposure vaccines) and ensuring the appropriate deployment of stockpiles. (7) Targeting activities to increase food safety at the Food and Drug Administration. (8) Increasing international cooperation to secure dangerous biological agents, increase surveillance, and retrain biological warfare specialists. SEC. 1014. <> GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS SUPPORT. (a) In General.--The Office for State and Local Domestic Preparedness Support of the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, to enhance the capability of State and local jurisdictions to prepare for and respond to terrorist acts including events of terrorism involving weapons of mass destruction and biological, nuclear, radiological, incendiary, chemical, and explosive devices. (b) Use of Grant Amounts.--Grants under this section may be used to purchase needed equipment and to provide training and technical assistance to State and local first responders. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section such sums as necessary for each of fiscal years 2002 through 2007. (2) Limitations.--Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. (3) Minimum amount.--Each State shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants [[Page 115 STAT. 400]] pursuant to this section, except that the United States Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent. SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE CRIME IDENTIFICATION TECHNOLOGY ACT FOR ANTITERRORISM GRANTS TO STATES AND LOCALITIES. Section 102 of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601) is amended-- (1) in subsection (b)-- (A) in paragraph (16), by striking ``and'' at the end; (B) in paragraph (17), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(18) notwithstanding subsection (c), antiterrorism purposes as they relate to any other uses under this section or for other antiterrorism programs.''; and (2) in subsection (e)(1), by striking ``this section'' and all that follows and inserting ``this section $250,000,000 for each of fiscal years 2002 through 2007.''. SEC. 1016. <> CRITICAL INFRASTRUCTURES PROTECTION. (a) Short Title.--This section may be cited as the ``Critical Infrastructures Protection Act of 2001''. (b) Findings.--Congress makes the following findings: (1) The information revolution has transformed the conduct of business and the operations of government as well as the infrastructure relied upon for the defense and national security of the United States. (2) Private business, government, and the national security apparatus increasingly depend on an interdependent network of critical physical and information infrastructures, including telecommunications, energy, financial services, water, and transportation sectors. (3) A continuous national effort is required to ensure the reliable provision of cyber and physical infrastructure services critical to maintaining the national defense, continuity of government, economic prosperity, and quality of life in the United States. (4) This national effort requires extensive modeling and analytic capabilities for purposes of evaluating appropriate mechanisms to ensure the stability of these complex and interdependent systems, and to underpin policy recommendations, so as to achieve the continuous viability and adequate protection of the critical infrastructure of the Nation. (c) Policy of the United States.--It is the policy of the United States-- (1) that any physical or virtual disruption of the operation of the critical infrastructures of the United States be rare, brief, geographically limited in effect, manageable, and minimally detrimental to the economy, human and government services, and national security of the United States; (2) that actions necessary to achieve the policy stated in paragraph (1) be carried out in a public-private partnership involving corporate and non-governmental organizations; and (3) to have in place a comprehensive and effective program to ensure the continuity of essential Federal Government functions under all circumstances. [[Page 115 STAT. 401]] (d) Establishment of National Competence for Critical Infrastructure Protection.-- (1) Support of critical infrastructure protection and continuity by national infrastructure simulation and analysis center.--There shall be established the National Infrastructure Simulation and Analysis Center (NISAC) to serve as a source of national competence to address critical infrastructure protection and continuity through support for activities related to counterterrorism, threat assessment, and risk mitigation. (2) Particular support.--The support provided under paragraph (1) shall include the following: (A) Modeling, simulation, and analysis of the systems comprising critical infrastructures, including cyber infrastructure, telecommunications infrastructure, and physical infrastructure, in order to enhance understanding of the large-scale complexity of such systems and to facilitate modification of such systems to mitigate the threats to such systems and to critical infrastructures generally. (B) Acquisition from State and local governments and the private sector of data necessary to create and maintain models of such systems and of critical infrastructures generally. (C) Utilization of modeling, simulation, and analysis under subparagraph (A) to provide education and training to policymakers on matters relating to-- (i) the analysis conducted under that subparagraph; (ii) the implications of unintended or unintentional disturbances to critical infrastructures; and (iii) responses to incidents or crises involving critical infrastructures, including the continuity of government and private sector activities through and after such incidents or crises. (D) Utilization of modeling, simulation, and analysis under subparagraph (A) to provide recommendations to policymakers, and to departments and agencies of the Federal Government and private sector persons and entities upon request, regarding means of enhancing the stability of, and preserving, critical infrastructures. (3) Recipient of certain support.--Modeling, simulation, and analysis provided under this subsection shall be provided, in particular, to relevant Federal, State, and local entities responsible for critical infrastructure protection and policy. (e) Critical Infrastructure Defined.--In this section, the term ``critical infrastructure'' means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters. [[Page 115 STAT. 402]] (f) Authorization of Appropriations.--There is hereby authorized for the Department of Defense for fiscal year 2002, $20,000,000 for the Defense Threat Reduction Agency for activities of the National Infrastructure Simulation and Analysis Center under this section in that fiscal year. Approved October 26, 2001. LEGISLATIVE HISTORY--H.R. 3162: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 147 (2001): Oct. 23, 24, considered and passed House. Oct. 25, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): Oct. 26, Presidential remarks.

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