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 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;
(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'.
SEC. 1004. VENUE IN MONEY LAUNDERING CASES.
`(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), 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.
(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
(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;
(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.
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 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';
(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'.
(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.
`Sec. 5103a. Limitation on issuance of hazmat licenses
`(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 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.