H.R.3162
Uniting
and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
(Enrolled as Agreed to or Passed by Both House and Senate)
TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM
SEC. 501. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS TO COMBAT TERRORISM.
(a) PAYMENT OF REWARDS TO COMBAT TERRORISM- Funds available
to the Attorney General may be used for the payment of rewards pursuant
to public advertisements for assistance to the Department of Justice to
combat terrorism and defend the Nation against terrorist acts, in
accordance with procedures and regulations established or issued by the
Attorney General.
(b) CONDITIONS- In making rewards under this section--
(1) no such reward of $250,000 or more may be made or
offered without the personal approval of either the Attorney General or
the President;
(2) the Attorney General shall give written notice to
the Chairmen and ranking minority members of the Committees on
Appropriations and the Judiciary of the Senate and of the House of
Representatives not later than 30 days after the approval of a reward
under paragraph (1);
(3) any executive agency or military department (as
defined, respectively, in sections 105 and
102 of title 5, United
States Code) may provide the Attorney General with funds for the
payment of rewards;
(4) neither the failure of the Attorney General to
authorize a payment nor the amount authorized shall be subject to
judicial review; and
(5) no such reward shall be subject to any per- or
aggregate reward spending limitation established by law, unless that
law expressly refers to this section, and no reward paid pursuant to
any such offer shall count toward any such aggregate reward spending
limitation.
SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.
Section 36 of the State Department Basic Authorities Act of 1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended--
(A) in paragraph (4), by striking `or' at the end;
(B) in paragraph (5), by striking the period at the
end and inserting `, including by dismantling an organization in whole
or significant part; or'; and
(C) by adding at the end the following:
`(6) the identification or location of an individual who holds a key leadership position in a terrorist organization.';
(2) in subsection (d), by striking paragraphs (2) and (3) and redesignating paragraph (4) as paragraph (2); and
(3) in subsection (e)(1), by inserting `, except as
personally authorized by the Secretary of State if he determines that
offer or payment of an award of a larger amount is necessary to combat
terrorism or defend the Nation against terrorist acts.' after
`$5,000,000'.
SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS.
Section 3(d)(2) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as follows:
`(2) In addition to the offenses described in paragraph
(1), the following offenses shall be treated for purposes of this
section as qualifying Federal offenses, as determined by the Attorney
General:
`(C) Any attempt or conspiracy to commit any of the above offenses.'.
SEC. 504. COORDINATION WITH LAW ENFORCEMENT.
(a) INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE-
Section 106 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1806), is amended by adding at the end the following:
`(k)(1) Federal officers who conduct electronic
surveillance to acquire foreign intelligence information under this
title may consult with Federal law enforcement officers to coordinate
efforts to investigate or protect against--
`(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
`(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
`(C) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an agent of a
foreign power.
`(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 104(a)(7)(B) or the
entry of an order under section 105.'.
(b) INFORMATION ACQUIRED FROM A PHYSICAL SEARCH- Section
305 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1825) is amended by adding at the end the following:
`(k)(1) Federal officers who conduct physical searches to
acquire foreign intelligence information under this title may consult
with Federal law enforcement officers to coordinate efforts to
investigate or protect against--
`(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
`(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
`(C) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an agent of a
foreign power.
`(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 303(a)(7) or the entry
of an order under section 304.'.
SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.
(1) in the matter preceding paragraph (1), by inserting
`at Bureau headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director' after `Assistant Director';
(A) by striking `in a position not lower than Deputy Assistant Director'; and
(B) by striking `made that' and all that follows
and inserting the following: `made that the name, address, length of
service, and toll billing records sought are relevant to an authorized
investigation to protect against international terrorism or clandestine
intelligence activities, provided that such an investigation of a
United States person is not conducted solely on the basis of activities
protected by the first amendment to the Constitution of the United
States; and'; and
(A) by striking `in a position not lower than Deputy Assistant Director'; and
(B) by striking `made that' and all that follows
and inserting the following: `made that the information sought is
relevant to an authorized investigation to protect against
international terrorism or clandestine intelligence activities,
provided that such an investigation of a United States person is not
conducted solely upon the basis of activities protected by the first
amendment to the Constitution of the United States.'.
(b) FINANCIAL RECORDS- Section 1114(a)(5)(A) of the Right
to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended--
(1) by inserting `in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent in Charge
in a Bureau field office designated by the Director' after `designee';
and
(2) by striking `sought' and all that follows and
inserting `sought for foreign counter intelligence purposes to protect
against international terrorism or clandestine intelligence activities,
provided that such an investigation of a United States person is not
conducted solely upon the basis of activities protected by the first
amendment to the Constitution of the United States.'.
(c) CONSUMER REPORTS- Section 624 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--
(A) by inserting `in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special Agent in
Charge of a Bureau field office designated by the Director' after
`designee' the first place it appears; and
(B) by striking `in writing that' and all that
follows through the end and inserting the following: `in writing, that
such information is sought for the conduct of an authorized
investigation to protect against international terrorism or clandestine
intelligence activities, provided that such an investigation of a
United States person is not conducted solely upon the basis of
activities protected by the first amendment to the Constitution of the
United States.';
(A) by inserting `in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special Agent in
Charge of a Bureau field office designated by the Director' after
`designee' the first place it appears; and
(B) by striking `in writing that' and all that
follows through the end and inserting the following: `in writing that
such information is sought for the conduct of an authorized
investigation to protect against international terrorism or clandestine
intelligence activities, provided that such an investigation of a
United States person is not conducted solely upon the basis of
activities protected by the first amendment to the Constitution of the
United States.'; and
(A) by inserting `in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special Agent in
Charge in a Bureau field office designated by the Director' after
`designee of the Director'; and
(B) by striking `in camera that' and all that
follows through `States.' and inserting the following: `in camera that
the consumer report is sought for the conduct of an authorized
investigation to protect against international terrorism or clandestine
intelligence activities, provided that such an investigation of a
United States person is not conducted solely upon the basis of
activities protected by the first amendment to the Constitution of the
United States.'.
SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.
`(d)(1) The United States Secret Service shall, in addition
to any other agency having such authority, have the authority to
investigate offenses under this section.
`(2) The Federal Bureau of Investigation shall have primary
authority to investigate offenses under subsection (a)(1) for any cases
involving espionage, foreign counterintelligence, information protected
against unauthorized disclosure for reasons of national defense or
foreign relations, or Restricted Data (as that term is defined in
section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)),
except for offenses affecting the duties of the United States Secret
Service pursuant to section 3056(a) of this title.
`(3) Such authority shall be exercised in accordance with
an agreement which shall be entered into by the Secretary of the
Treasury and the Attorney General.'.
(b) Reauthorization of Jurisdiction under 18 U.S.C. 1344-
Section 3056(b)(3) of title 18, United States Code, is amended by
striking `credit and debit card frauds, and false identification
documents or devices' and inserting `access device frauds, false
identification documents or devices, and any fraud or other criminal or
unlawful activity in or against any federally insured financial
institution'.
SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.
Section 444 of the General Education Provisions Act (20
U.S.C. 1232g), is amended by adding after subsection (i) a new
subsection (j) to read as follows:
`(j) INVESTIGATION AND PROSECUTION OF TERRORISM-
`(1) IN GENERAL- Notwithstanding subsections (a)
through (i) or any provision of State law, the Attorney General (or any
Federal officer or employee, in a position not lower than an Assistant
Attorney General, designated by the Attorney General) may submit a
written application to a court of competent jurisdiction for an ex
parte order requiring an educational agency or institution to permit
the Attorney General (or his designee) to--
`(B) for official purposes related to the
investigation or prosecution of an offense described in paragraph
(1)(A), retain, disseminate, and use (including as evidence at trial or
in other administrative or judicial proceedings) such records,
consistent with such guidelines as the Attorney General, after
consultation with the Secretary, shall issue to protect confidentiality.
`(2) APPLICATION AND APPROVAL-
`(A) IN GENERAL- An application under paragraph (1)
shall certify that there are specific and articulable facts giving
reason to believe that the education records are likely to contain
information described in paragraph (1)(A).
`(B) The court shall issue an order described in
paragraph (1) if the court finds that the application for the order
includes the certification described in subparagraph (A).
`(3) PROTECTION OF EDUCATIONAL AGENCY OR INSTITUTION-
An educational agency or institution that, in good faith, produces
education records in accordance with an order issued under this
subsection shall not be liable to any person for that production.
`(4) RECORD-KEEPING- Subsection (b)(4) does not apply to education records subject to a court order under this subsection.'.
SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.
Section 408 of the National Education Statistics Act of
1994 (20 U.S.C. 9007 [This section is listed in the U.S.C. as having been "repealed" - Editor]), is amended by adding after subsection (b) a new
subsection (c) to read as follows:
`(c) INVESTIGATION AND PROSECUTION OF TERRORISM-
`(1) IN GENERAL- Notwithstanding subsections (a) and
(b), the Attorney General (or any Federal officer or employee, in a
position not lower than an Assistant Attorney General, designated by
the Attorney General) may submit a written application to a court of
competent jurisdiction for an ex parte order requiring the Secretary to
permit the Attorney General (or his designee) to--
`(A) collect reports, records, and information
(including individually identifiable information) in the possession of
the center that are relevant to an authorized investigation or
prosecution of an offense listed in section 2332b(g)(5)(B) of title 18,
United States Code, or an act of domestic or international terrorism as
defined in section 2331 of that title; and
`(B) for official purposes related to the
investigation or prosecution of an offense described in paragraph
(1)(A), retain, disseminate, and use (including as evidence at trial or
in other administrative or judicial proceedings) such information,
consistent with such guidelines as the Attorney General, after
consultation with the Secretary, shall issue to protect confidentiality.
`(2) APPLICATION AND APPROVAL-
`(A) IN GENERAL- An application under paragraph (1)
shall certify that there are specific and articulable facts giving
reason to believe that the information sought is described in paragraph
(1)(A).
`(B) The court shall issue an order described in
paragraph (1) if the court finds that the application for the order
includes the certification described in subparagraph (A).
`(3) PROTECTION- An officer or employee of the
Department who, in good faith, produces information in accordance with
an order issued under this subsection does not violate subsection
(b)(2) and shall not be liable to any person for that production.'.