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USA PATRIOT ACT letter to the President

travelortravelor Member Posts: 442 ✭✭✭
edited November 2001 in General Discussion
In responce to the previous post regaurding this Bill, I wrote this Email to the President: Dear Sir, I am writing this letter out of the deepest Respect for my country. I also want you to know that I Respect you as our President, Whom I voted for. I am also writing this letter in hopes that you actualy receive it, though I understand you are a very busy man. I suspect that the actual receipient will process it as required by protocol. Further, I am writing as best as I can in the looming darkness that is threatening to shadow this great Country into wich I was born and raised. I fear the sun is sinking over this fine land, and I fear for what comes with the new dawn. I am more frightened by some of the decisions made in the name of anti -terrorism, than I am by the acts of the terrorists. One example is the bill HR-3162, called the USA Patriot Act. I learned about the details of this bill while visiting an online forum, and am providing a copy of the posting as I read it: The New USA PATRIOT ActAre You a Patriot? by John Kaminski ( I am not including the content of the writting, as it is available on another post. I did however submit it in full in my email ) If the context of the new bill HR 3162 is stated correctly above ( I realize there are added oppinionated comments) then I have to wonder what my forefathers faught and died for. Is our government somehow trying to wage war on it's own citizens, by taking away the very freedoms that make us American? The Revolutionary and Civil wars were fought to grant and protect us from this type of tyrany. When I got done reading the above posting, I felt a wave of horror pass through me, leaving me with a strange space inside, not entirely empty, just filled with tears for our great loss. As I said before, I don't fear terroist acts, those can be punnished eventually under law. What greatly terrorrizes me is the quiet passing of a bill that escentially burns the constitutional rights I was born and raised to embrace as the foundation of this Country that I love so dearly. How 357 traitorous votes have only confirmed that whomever was responsible for the events of 09/11/01, has indeed won a great victory against this Nation. I am just a normal American citizen. Was schooled in the public school system, taught about the Bill of Rights, and our great Constitution of the United States Of America. I am a family man, and want my kids to grow up with the same freedoms granted to me. To proudly say the Pledge of Allegiance to our Flag. You wont take that away also, will you? I wonder if you realize how much you have let me down, and all fellow Americans? I wonder if I will ever be allowed to vote again? I didn't have any say whatsoever in the abhorable act against this Great Nation, on the day that bill passed. What am I supposed to believe now? Please, Mr. President, Respond to this letter personaly. Please do what is right for our Country. Reverse this horrific bill, return our freedoms. Reafirm my confidence in the man I voted for. Sincerely, American Patriot, Douglas Richards I am posting a copy of this letter here so that it may be witness by all who care to view it. I may be somewhat bold as to send such a letter voicing my oppinion, But I fear the possible reprocussions. The Jackboots are comming! The Jackboots are comming! If I should disapear from this board, you all will know what to expect next..Paranoid? maybe....
keep lots of extra uppers for your ar..you can change often enough to keep the thing from over heating...what ever caliber fits the moment..~Secret Select Society of Suave Stylish Smoking Jackets~
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  • travelortravelor Member Posts: 442 ✭✭✭
    edited November -1
    top priority
    keep lots of extra uppers for your ar..you can change often enough to keep the thing from over heating...what ever caliber fits the moment..~Secret Select Society of Suave Stylish Smoking Jackets~
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  • 7mm_ultra_mag_is_king7mm_ultra_mag_is_king Member Posts: 676 ✭✭✭✭
    edited November -1
    COULD YOU REPOST THE BILL YOURE REFERING TO ? i CANT FIND THE ORIGINAL POST AND I HAVENT HEARD OF THIS YET.PLEASE
    when all else fails........................
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  • cpilericpileri Member Posts: 447 ✭✭✭
    edited November -1
    Here's the meat of the original posts- CarlThe New USA PATRIOT Act Are You a Patriot? by John Kaminski The USA Patriot Act, now passed and the law of the land, haseliminated the Constitutional guarantee of probable cause when investigating a crime, and now allows thepolice - at any time and for any reason - to enter and search your house, your files, your bankaccount - and not even tell you about it. Are you a patriot? Well, the fact of the matter is, you arewhether you want to be or not. But are you an American or a mindless corporate stooge? Well, that's anotherquestion. The recent passage and signing of the Patriot Act has effectivelynullified at least six amendments of the Bill of Rights addendum to the U.S. Constitution. As a resultof this, America is longer America, but a police state, pure and simple. This Patriot Bill is, in fact, amassive violation of the Constitution it purports to uphold and improve. Among other things, it mandates that judges give police searchwarrants when they ask for them, for any reason. In fact, judges can't deny these warrants to police,because police don't need a stated reason to ask for them. The Bill of Rights is the cornerstone of American freedom. Duringthe debates on the adoption of the Constitution in the 1790s, its opponents repeatedly charged thatthe Constitution as drafted would open the way to tyranny by the central government. Many states wouldnot have signed the original Constitution without knowing that these amendments would beadded, according to the federal website which displays the Constitution. These amendments became known asthe Bill of Rights, which Americans have cherished, protected and fought for for over 200years. The Patriot Act rushed through Congress and signed by PresidentGeorge W. Bush is a major step toward a totalitarian state in which individual liberty iscrushed by the whim of police and corporate demagogues masquerading as patriots. The Patriot Act: Violates the First Amendment freedom of speech guarantee, rightto peaceably assemble provision, and petition the government for redress of grievances provision; itviolates the First Amendment to the Constitution three times. More on this below. Violates the Fourth Amendment guarantee of probable cause inastonishingly major and repeated ways. The Fourth Amendment to the Constitution reads: "The right of thepeople to be secure in their persons, houses, papers, and effects, against unreasonable searches andseizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oathor affirmation, and particularly describing the place to be searched, and the persons of things tobe seized." The Patriot Act, now passed and the law of the land, has revoked the necessity forprobable cause, and now allows the police, at any time and for any reason, to enter and search yourhouse - and not even tell you about it. Violates the Fifth Amendment by allowing for indefiniteincarceration without trial for those deemed by the Attorney General to be threats to national security. TheFifth Amendment guarantees that no person shall be deprived of life, liberty or property without dueprocess of law, and the Patriot Act does away with due process. It even allows people to be kept in prisonfor life without even a trial. Violates the Sixth Amendment guarantee of the right to a speedyand public trial. Now you may get no trial at all, ever. Violates the Eighth Amendment (cruel and unusual punishment). Violates the 13th Amendment (punishment without conviction). Most of the following information is taken from the ACLU'swritten objections to Congress before and after the passage of the Patriot Act. My comments are in brackets[]. The Patriot Act does the following (I'm putting the immigrationstuff at the bottom because that least affects most of the people who will be reading this): [It keeps judges out the process and lets cops do what they want(cops meaning FBI, CIA, etc.)] It minimizes judicial supervision of telephone and Internetsurveillance by law enforcement authorities in anti-terrorism investigations and in routine criminalinvestigations unrelated to terrorism. [Unrelated to terrorism - that means anything. How long do you think beforethat includes political dissent? Oops, too late, that's already happened.] It expands the ability of the government to conduct secretsearches - again in anti-terrorism investigations and in routine criminal investigations unrelatedto terrorism. [Unrelated to terrorism - that means anything they want it to mean. If we don't agree with NaziRepublican ideas, they can now arrest us.] It gives the Attorney General and the Secretary of State thepower to designate domestic groups as terrorist organizations and block any non-citizen who belongs tothem from entering the country. Under this provision the payment of membership dues is a deportableoffense. [That means, among other things, that Bush and Ashcroft can decide Greenpeace and RalphNader are terrorists, and under this law, it can put them in jail.] It grants the FBI broad access to sensitive medical, financial,mental health, and educational records about individuals without having to show evidence of a crime andwithout a court order. [It means they can do what they want for no good reason, except to persecute andimprison people with humanistic, noncorporate rip-off views.] It could lead to large-scale investigations of American citizensfor "intelligence" purposes and use of intelligence authorities to by-pass probable cause requirementsin criminal cases. [Bye bye peace movement. You're all going to jail; me too.] It puts the CIA and other intelligence agencies back in thebusiness of spying on Americans by giving the Director of Central Intelligence the authority to identifypriority targets for intelligence surveillance in the United States. [This is what America worked so hard forall those years to eliminate.] It allows searches of highly personal financial records withoutnotice and without judicial review based on a very low standard that does not require probable cause of acrime or even relevancy to an ongoing terrorism investigation. [They can do any of this stuff withoutany reason whatsoever. This is the kind of freedom these fascists always wanted - freedom to put everyonewho disagrees with them in jail.] It creates a broad new definition of "domestic terrorism" thatcould sweep in people who engage in acts of political protest and subject them to wiretapping and enhancedpenalties. [This means they can jail anyone who disagrees with them, and keep them in jail for lifewithout a trial.] On immigration specifically, the new law permits the detention ofnon-citizens facing deportation based merely on the Attorney General's certification that he has"reasonable grounds to believe" the non-citizen endangers national security. While immigration orcriminal charges must be filed within seven days, these charges need not have anything to do with terrorism,but can be minor visa violations of the kind that normally would not result in detention at all.Non-citizens ordered removed on visa violations could be indefinitely detained if they are stateless,their country of origin refuses to accept them, or they are granted relief from deportation because theywould be tortured if they were returned to their country of origin. It permits the Attorney General to indefinitely incarcerate ordetain non-citizens based on mere suspicion, and to deny readmission to the United States ofnon-citizens (including lawful permanent residents) for engaging in speech protected by the FirstAmendment. [Or, what used to be the First Amendment. Now, it doesn't exist.] Let me just take a bit more of your valuable time to make acouple of points crystal clear, again using material from the ACLU's objections to passage of the PatriotAct. Wiretapping and Intelligence Surveillance The wiretapping and intelligence provisions in the USA PatriotAct sound two themes: they minimize the role of a judge in ensuring that law enforcement wiretapping isconducted legally and with proper justification, and they permit use of intelligence investigativeauthority to by-pass normal criminal procedures that protect privacy. Specifically: 1. The USA Patriot Act allows the government to use itsintelligence gathering power to circumvent the standard that must be met for criminal wiretaps. Currently FISAsurveillance, which does not contain many of the same checks and balances that govern wiretaps forcriminal purposes, can be used only when foreign intelligence gathering is the primary purpose. Thenew law allows use of FISA surveillance authority even if the primary purpose were a criminalinvestigation. Intelligence surveillance merely needs to be only a "significant" purpose. This provisionauthorizes unconstitutional physical searches and wiretaps: though it is searching primarily for evidence of crime,law enforcement conducts a search without probable cause of crime. 2. The USA Patriot Act extends a very low threshold of proof foraccess to Internet communications that are far more revealing than numbers dialed on a phone. Undercurrent law, a law enforcement agent can get a pen register or trap and trace order requiringthe telephone company to reveal the numbers dialed to and from a particular phone. To get such anorder, law enforcement must simply certify to a judge - who must grant the order - that theinformation to be obtained is "relevant to an ongoing criminal investigation." This is a very low level ofproof, far less than probable cause. This provision apparently applies to law enforcement efforts todetermine what websites a person had visited, which is like giving law enforcement the power - basedonly on its own certification - to require the librarian to report on the books you had perusedwhile visiting the public library. This provision extends a low standard of proof - far less thanprobable cause - to actual "content" information. 3. In allowing for "nationwide service" of pen register and trapand trace orders, the law further marginalizes the role of the judiciary. It authorizes what wouldbe the equivalent of a blank warrant in the physical world: the court issues the order, and the lawenforcement agent fills in the places to be searched. This is not consistent with the important FourthAmendment privacy protection of requiring that warrants specify the place to be searched. Under thislegislation, a judge is unable to meaningfully monitor the extent to which her order was being used to accessinformation about Internet communications. 4. The Act also grants the FBI broad access in "intelligence"investigations to records about a person maintained by a business. The FBI need only certify to a courtthat it is conducting an intelligence investigation and that the records it seeks may be relevant. Withthis new power, the FBI can force a business to turn over a person's educational, medical, financial,mental health and travel records based on a very low standard of proof and without meaningful judicialoversight. The ACLU noted that the FBI already had broad authority tomonitor telephone and Internet communications. Most of the changes apply not just tosurveillance of terrorists, but instead to all surveillance in the United States. [All surveillance. The WTOgeeks will love this one. Now we can be just like China.] Law enforcement authorities -- even when they are required toobtain court orders - have great leeway under current law to investigate suspects in terrorist attacks.Current law already provided, for example, that wiretaps can be obtained for the crimes involved interrorist attacks, including destruction of aircraft and aircraft piracy. The FBI also already had authority to intercept thesecommunications without showing probable cause of crime for "intelligence" purposes under the ForeignIntelligence Surveillance Act. In fact, FISA wiretaps now exceed wiretapping for all domestic criminalinvestigations. The standards for obtaining a FISA wiretap are lower than the standards for obtaining acriminal wiretap. Criminal Justice The law dramatically expands the use of secret searches.Normally, a person is notified when law enforcement conducts a search. In some cases regarding searchesfor electronic information, law enforcement authorities can get court permission to delaynotification of a search. The USA Patriot Act extends the authority of the government to request "secretsearches" to every criminal case. This vast expansion of power goes far beyond anything necessary to conductterrorism investigations. The Act also allows for the broad sharing of sensitiveinformation in criminal cases with intelligence agencies, including the CIA, the NSA, the INS and the SecretService. It permits sharing of sensitive grand jury and wiretap information without judicial review or anysafeguards regarding the future use or dissemination of such information. These information sharing authorizations and mandates effectivelyput the CIA back in the business of spying on Americans: Once the CIA makes clear the kind ofinformation it seeks, law enforcement agencies can use tools like wiretaps and intelligence searches toprovide data to the CIA. In fact, the law specifically gives the Director of Central Intelligence - whoheads the CIA -- the power to identify domestic intelligence requirements. The law also creates a new crime of "domestic terrorism." The newoffense threatens to transform protesters into terrorists if they engage in conduct that"involves acts dangerous to human life." Members of Operation Rescue, the Environmental Liberation Frontand Greenpeace, for example, have all engaged in activities that could subject them to prosecution asterrorists. Then, under this law, the dominos begin to fall. Those who provide lodging or otherassistance to these "domestic terrorists" could have their homes wiretapped and could be prosecuted. [If you have any doubt that these are the trappings of a policestate, then you need to go back to elementary school and read about the Constitution, which we nolonger have.] [Fox News Channel reports tonight that 90% of the American peopleare really happy with what Bush has done. I think somebody wrote this all in a book once, thatwhen a free people gave away their freedom, they did it happily and with much fanfare.] John Kaminski live in Englewood Florida. E-mail: skylax@home.com http://www.commondreams.org/views01/1109-09.htm Here is the text of the bill:HR 3162 RDS 107th CONGRESS 1st Session H. R. 3162 IN THE SENATE OF THE UNITED STATES October 24, 2001 Received
    AN ACT To deter and punish terrorist acts in the United States andaround the world, to enhance law enforcement investigatory tools, and for other purposes. Be it enacted by the Senate and House of Representatives of theUnited 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 andStrengthening 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 asfollows: 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 againstArab and Muslim Americans. Sec. 103. Increased funding for the technical support center atthe Federal Bureau of Investigation. Sec. 104. Requests for military assistance to enforce prohibitionin certain emergencies. Sec. 105. Expansion of National Electronic Crime Task ForceInitiative. Sec. 106. Presidential authority. TITLE II--ENHANCED SURVEILLANCE PROCEDURES Sec. 201. Authority to intercept wire, oral, and electroniccommunications relating to terrorism. Sec. 202. Authority to intercept wire, oral, and electroniccommunications relating to computer fraud and abuse offenses. Sec. 203. Authority to share criminal investigative information. Sec. 204. Clarification of intelligence exceptions fromlimitations on interception and disclosure of wire, oral, and electronic communications. Sec. 205. Employment of translators by the Federal Bureau ofInvestigation. Sec. 206. Roving surveillance authority under the ForeignIntelligence Surveillance Act of 1978. Sec. 207. Duration of FISA surveillance of non-United Statespersons 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 electroniccommunications. Sec. 211. Clarification of scope. Sec. 212. Emergency disclosure of electronic communications toprotect life and limb. Sec. 213. Authority for delaying notice of the execution of awarrant. Sec. 214. Pen register and trap and trace authority under FISA. Sec. 215. Access to records and other items under the ForeignIntelligence Surveillance Act. Sec. 216. Modification of authorities relating to use of penregisters and trap and trace devices. 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 electronicevidence. 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 ANDANTI-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 RelatedMeasures Sec. 311. Special measures for jurisdictions, financialinstitutions, or international transactions of primary money laundering concern. Sec. 312. Special due diligence for correspondent accounts andprivate banking accounts. Sec. 313. Prohibition on United States correspondent accountswith foreign shell banks. Sec. 314. Cooperative efforts to deter money laundering. Sec. 315. Inclusion of foreign corruption offenses as moneylaundering 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 interbankaccounts. Sec. 320. Proceeds of foreign crimes. Sec. 321. Financial institutions specified in subchapter II ofchapter 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 oforiginators of wire transfers. Sec. 329. Criminal penalties. Sec. 330. International cooperation in investigations of moneylaundering, financial crimes, and the finances of terrorist groups. Subtitle B--Bank Secrecy Act Amendments and Related Improvements Sec. 351. Amendments relating to reporting of suspiciousactivities. Sec. 352. Anti-money laundering programs. Sec. 353. Penalties for violations of geographic targeting ordersand certain recordkeeping requirements, and lengthening effective period of geographic targeting orders. Sec. 354. Anti-money laundering strategy. Sec. 355. Authorization to include suspicions of illegal activityin written employment references. Sec. 356. Reporting of suspicious activities by securitiesbrokers and dealers; investment company study. Sec. 357. Special report on administration of bank secrecyprovisions. Sec. 358. Bank secrecy provisions and activities of United Statesintelligence agencies to fight international terrorism. Sec. 359. Reporting of suspicious activities by undergroundbanking 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 moneylaundering. Sec. 364. Uniform protection authority for Federal Reservefacilities. Sec. 365. Reports relating to coins and currency received innonfinancial 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. 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 tocertain identifying information in the criminal history records of visa applicants and applicants foradmission to the United States. Sec. 404. Limited authority to pay overtime. Sec. 405. Report on the integrated automated fingerprintidentification 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; habeascorpus; judicial review. Sec. 413. Multilateral cooperation against terrorists. Sec. 414. Visa integrity and security. Sec. 415. Participation of Office of Homeland Security onEntry-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 ofTerrorism Sec. 421. Special immigrant status. Sec. 422. Extension of filing or reentry deadlines. Sec. 423. Humanitarian relief for certain surviving spouses andchildren. 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 ofterrorists. Sec. 428. Definitions. TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM Sec. 501. Attorney General's authority to pay rewards to combatterrorism. Sec. 502. Secretary of State's authority to pay rewards. Sec. 503. DNA identification of terrorists and other violentoffenders. 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 SAFETYOFFICERS, AND THEIR FAMILIES Subtitle A--Aid to Families of Public Safety Officers Sec. 611. Expedited payment for public safety officers involvedin the prevention, investigation, rescue, or recovery efforts related to a terrorist attack. Sec. 612. Technical correction with respect to expedited paymentsfor heroic public safety officers. Sec. 613. Public safety officers benefit program paymentincrease. 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 CRITICALINFRASTRUCTURE PROTECTION Sec. 711. Expansion of regional information sharing system tofacilitate Federal-State-local law enforcement response related to terrorist attacks. TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM Sec. 801. Terrorist attacks and other acts of violence againstmass transportation systems. Sec. 802. Definition of domestic terrorism. Sec. 803. Prohibition against harboring terrorists. Sec. 804. Jurisdiction over crimes committed at U.S. facilitiesabroad. Sec. 805. Material support for terrorism. Sec. 806. Assets of terrorist organizations. Sec. 807. Technical clarification relating to provision ofmaterial support to terrorism. Sec. 808. Definition of Federal crime of terrorism. Sec. 809. No statute of limitation for certain terrorismoffenses. 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 racketeeringactivity. Sec. 814. Deterrence and prevention of cyberterrorism. Sec. 815. Additional defense to civil actions relating topreserving records in response to Government requests. Sec. 816. Development and support of cybersecurity forensiccapabilities. S
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  • cpilericpileri Member Posts: 447 ✭✭✭
    edited November -1
    (and more)Sec. 817. Expansion of the biological weapons statute. TITLE IX--IMPROVED INTELLIGENCE Sec. 901. Responsibilities of Director of Central Intelligenceregarding foreign intelligence collected under Foreign Intelligence Surveillance Act of 1978. Sec. 902. Inclusion of international terrorist activities withinscope of foreign intelligence under National Security Act of 1947. Sec. 903. Sense of Congress on the establishment and maintenanceof intelligence relationships to acquire information on terrorists and terrorist organizations. Sec. 904. Temporary authority to defer submittal to Congress ofreports on intelligence and intelligence-related matters. Sec. 905. Disclosure to Director of Central Intelligence offoreign intelligence-related information with respect to criminal investigations. Sec. 906. Foreign terrorist asset tracking center. Sec. 907. National Virtual Translation Center. Sec. 908. Training of government officials regardingidentification and use of foreign intelligence. TITLE X--MISCELLANEOUS Sec. 1001. Review of the department of justice. Sec. 1002. Sense of congress. Sec. 1003. Definition of `electronic surveillance'. Sec. 1004. Venue in money laundering cases. Sec. 1005. First responders assistance act. Sec. 1006. Inadmissibility of aliens engaged in money laundering. Sec. 1007. Authorization of funds for dea police training insouth and central asia. Sec. 1008. Feasibility study on use of biometric identifierscanning system with access to the fbi integrated automated fingerprint identification system atoverseas consular posts and points of entry to the United States. Sec. 1009. Study of access. Sec. 1010. Temporary authority to contract with local and Stategovernments for performance of security functions at United States military installations. Sec. 1011. Crimes against charitable americans. Sec. 1012. Limitation on issuance of hazmat licenses. Sec. 1013. Expressing the sense of the senate concerning theprovision of funding for bioterrorism preparedness and response. Sec. 1014. Grant program for State and local domesticpreparedness support. Sec. 1015. Expansion and reauthorization of the crimeidentification 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 byits terms, or as applied to any person or circumstance, shall be construed so as to give it the maximumeffect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, inwhich event such provision shall be deemed severable from this Act and shall not affect the remainderthereof or the application of such provision to other persons not similarly situated or to other, dissimilarcircumstances. TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM SEC. 101. COUNTERTERRORISM FUND. (a) ESTABLISHMENT; AVAILABILITY- There is hereby established inthe Treasury of the United States a separate fund to be known as the `Counterterrorism Fund', amountsin which shall remain available without fiscal year limitation-- (1) to reimburse any Department of Justice component for anycosts incurred in connection with-- (A) reestablishing the operational capability of an office orfacility that has been damaged or destroyed as the result of any domestic or international terrorismincident; (B) providing support to counter, investigate, or prosecutedomestic or international terrorism, including, without limitation, paying rewards in connection with theseactivities; and (C) conducting terrorism threat assessments of Federal agenciesand their facilities; and (2) to reimburse any department or agency of the FederalGovernment for any costs incurred in connection with detaining in foreign countries individualsaccused of acts of terrorism that violate the laws of the United States. (b) NO EFFECT ON PRIOR APPROPRIATIONS- Subsection (a) shall notbe construed to affect the amount or availability of any appropriation to the Counterterrorism Fundmade before the date of the enactment of this Act. SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINSTARAB AND MUSLIM AMERICANS. (a) FINDINGS- Congress makes the following findings: (1) Arab Americans, Muslim Americans, and Americans from SouthAsia play a vital role in our Nation and are entitled to nothing less than the full rights of everyAmerican. (2) The acts of violence that have been taken against Arab andMuslim Americans since the September 11, 2001, attacks against the United States should be and arecondemned by all Americans who value freedom. (3) The concept of individual responsibility for wrongdoing issacrosanct in American society, and applies equally to all religious, racial, and ethnic groups. (4) When American citizens commit acts of violence against thosewho are, or are perceived to be, of Arab or Muslim descent, they should be punished to the fullextent of the law. (5) Muslim Americans have become so fearful of harassment thatmany Muslim women are changing the way they dress to avoid becoming targets. (6) Many Arab Americans and Muslim Americans have actedheroically during the attacks on the United States, including Mohammed Salman Hamdani, a 23-year-old NewYorker of Pakistani descent, who is believed to have gone to the World Trade Center to offer rescueassistance 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 everyeffort must be taken to preserve their safety; (2) any acts of violence or discrimination against any Americansbe condemned; and (3) the Nation is called upon to recognize the patriotism offellow citizens from all ethnic, racial, and religious backgrounds. SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER ATTHE FEDERAL BUREAU OF INVESTIGATION. There are authorized to be appropriated for the Technical SupportCenter established in section 811 of the Antiterrorism and Effective Death Penalty Act of 1996 (PublicLaw 104-132) to help meet the demands for activities to combat terrorism and support andenhance the technical support and tactical operations of the FBI, $200,000,000 for each of the fiscal years2002, 2003, and 2004. SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE PROHIBITIONIN 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 FORCEINITIATIVE. The Director of the United States Secret Service shall takeappropriate actions to develop a national network of electronic crime task forces, based on the New YorkElectronic Crimes Task Force model, throughout the United States, for the purpose of preventing,detecting, and investigating various forms of electronic crimes, including potential terrorist attacksagainst critical infrastructure and financial payment systems. SEC. 106. PRESIDENTIAL AUTHORITY. Section 203 of the International Emergency Powers Act (50 U.S.C.1702) is amended-- (1) in subsection (a)(1)-- (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 thejurisdiction of the United States;'; (B) in subparagraph (B)-- (i) by inserting `, block during the pendency of aninvestigation' after `investigate'; and (ii) by striking `interest;' and inserting `interest by anyperson, 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: `(C) when the United States is engaged in armed hostilities orhas been attacked by a foreign country or foreign nationals, confiscate any property, subject to thejurisdiction of the United States, of any foreign person, foreign organization, or foreign country that hedetermines has planned, authorized, aided, or engaged in such hostilities or attacks against theUnited States; and all right, title, and interest in any property so confiscated shall vest, when, as, andupon the terms directed by the President, in such agency or person as the President maydesignate from time to time, and upon such terms and conditions as the President may prescribe, suchinterest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in theinterest of and for the benefit of the United States, and such designated agency or person may perform any andall 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 adetermination made under this section, if the determination was based on classified information (as defined insection 1(a) of the Classified Information Procedures Act) such information may be submitted tothe reviewing court ex parte and in camera. This subsection does not confer or imply any right tojudicial review.'. TITLE II--ENHANCED SURVEILLANCE PROCEDURES SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONICCOMMUNICATIONS RELATING TO TERRORISM. Section 2516(1) of title 18, United States Code, is amended-- (1) by redesignating paragraph (p), as so redesignated by section434(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110Stat. 1274), as paragraph (r); and (2) by inserting after paragraph (p), as so redesignated bysection 201(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C ofPublic Law 104-208; 110 Stat. 3009-565), the following new paragraph: `(q) any criminal violation of section 229 (relating to chemicalweapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (relating toterrorism); or'. SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONICCOMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE OFFENSES. Section 2516(1)(c) of title 18, United States Code, is amended bystriking `and section 1341 (relating to mail fraud),' and inserting `section 1341 (relating to mailfraud), a felony violation of section 1030 (relating to computer fraud and abuse),'. SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION. (a) AUTHORITY TO SHARE GRAND JURY INFORMATION- (1) IN GENERAL- Rule 6(e)(3)(C) of the Federal Rules of CriminalProcedure is amended to read as follows: `(C)(i) Disclosure otherwise prohibited by this rule of mattersoccurring before the grand jury may also be made-- `(I) when so directed by a court preliminarily to or inconnection 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 mattersoccurring before the grand jury; `(III) when the disclosure is made by an attorney for thegovernment to another Federal grand jury; `(IV) when permitted by a court at the request of an attorney forthe government, upon a showing that such matters may disclose a violation of state criminal law, toan 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 orcounterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreignintelligence information (as defined in clause (iv) of this subparagraph), to any Federal law enforcement,intelligence, protective, immigration, national defense, or national security official in order toassist the official receiving that information in the performance of his official duties. `(ii) If the court orders disclosure of matters occurring beforethe grand jury, the disclosure shall be made in such manner, at such time, and under such conditions asthe court may direct. `(iii) Any Federal official to whom information is disclosedpursuant to clause (i)(V) of this subparagraph may use that information only as necessary in the conduct of thatperson'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 seala 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 `foreignintelligence information' means-- `(I) information, whether or not concerning a United Statesperson, that relates to the ability of the United States to protect against-- `(aa) actual or potential attack or other grave hostile acts of-aforeign power or an agent of a foreign power; `(bb) sabotage or international terrorism by a foreign power oran agent of a foreign power; or `(cc) clandestine intelligence activities by an intelligenceservice or network of a foreign power or by an agent of foreign power; or `(II) information, whether or not concerning a United Statesperson, 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 Federal Rules ofCriminal Procedure is amended by striking `(e)(3)(C)(i)' and inserting `(e)(3)(C)(i)(I)'. (b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTIONINFORMATION- (1) LAW ENFORCEMENT- Section 2517 of title 18, United StatesCode, is amended by inserting at the end the following: `(6) Any investigative or law enforcement officer, or attorneyfor the Government, who by any means authorized by this chapter, has obtained knowledge of thecontents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose suchcontents to any other Federal law enforcement, intelligence, protective, immigration, nationaldefense, or national security official to the extent that such contents include foreign intelligence orcounterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreignintelligence information (as defined in subsection (19) of section 2510 of this title), to assist theofficial who is to receive that information in the performance of his official duties. Any Federal official whoreceives information pursuant to this provision may use that information only as necessary in theconduct of that person's official duties subject to any limitations on the unauthorized disclosure of suchinformation.'. (2) DEFINITION- Section 2510 of title 18, United States Code, isamended by-- (A) in paragraph (17), by striking `and' after the semicolon; (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 Statesperson, that relates to the ability of the United States to protect against-- `(i) actual or potential attack or other grave hostile acts of aforeign power or an agent of a foreign power; `(ii) sabotage or international terrorism by a foreign power oran agent of a foreign power; or `(iii) clandestine intelligence activities by an intelligenceservice or network of a foreign power or by an agent of a foreign power; or `(B) information, whether or not concerning a United Statesperson, 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 proceduresfor the disclosure of information pursuant to section 2517(6) and Rule 6(e)(3)(C)(i)(V) of theFederal Rules of Criminal Procedure that identifies a United States person, as defined in section 101 ofthe Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)). (d) FOREIGN INTELLIGENCE INFORMATION- (1) IN GENERAL- Notwithstanding any other provision of law, itshall be lawful for foreign intelligence or counterintelligence (as defined in section 3 of the NationalSecurity Act of 1947 (50 U.S.C. 401a)) or foreign intelligence information obtained as part of a criminalinvestigation to be disclosed to any Federal law enforcement, intelligence, protective, immigration, nationaldefense, or national security official in order to assist the official receiving that information in theperformance of his official duties. Any Federal official who receives information pursuant to this provision mayuse that information only as necessary in the conduct of that person's official duties subject to anylimitations on the unauthorized disclosure of such information. (2) DEFINITION- In this subsection, the term `foreignintelligence information' means-- (A) information, whether or not concerning a United Statesperson, that relates to the ability of the United States to protect against-- (i) actual or potential attack or other grave hostile acts of aforeign power or an agent of a foreign power; (ii) sabotage or international terrorism by a foreign power or anagent of a foreign power; or (iii) clandestine intelligence activities by an intelligenceservice or network of a foreign power or by an agent of a foreign power; or (B) information, whether or not concerning a United Statesperson, 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 FROMLIMITATIONS 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 `thischapter or chapter 121 or 206 of this title'; and (2) by striking `wire and oral' and inserting `wire, oral, andelectronic'. SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OFINVESTIGATION. (a) AUTHORITY- The Director of the Federal Bureau ofInvestigation is authorized to expedite the employment of personnel as translators to supportcounterterrorism investigations and operations without regard to applicable Federal personnel requirements andlimitations. (b) SECURITY REQUIREMENTS- The Director of the Federal Bureau ofInvestigation shall establish such security requirements as are necessary for the personnel employedas translators under subsection (a). (c) REPORT- The Attorney General shall report to the Committeeson the Judiciary of the House of Representatives and the Senate on-- (1) the number of translators employed by the FBI and othercomponents of the Department of Justice; (2) any legal or practical impediments to using translatorsemployed 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 incertain languages, and recommendations for meeting those needs. SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGNINTELLIGENCE SURVEILLANCE ACT OF 1978. Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Actof 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting `, or in circumstances where the Court findsthat the actions of the target of the application may have the effect of thwarting the identificationof a specified person, such other persons,' after `specified person'. SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATESPERSONS WHO ARE AGENTS OF A FOREIGN POWER. (a) DURATION - (1) SURVEILLANCE- Section 105(e)(1) of the Foreign IntelligenceSurveillance 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) anorder under this Act for a surveillance targeted against an agent of a foreign power, as defined insection 101(b)(1)(A) may be for the period specified in the application or for 120 days, whichever is less'. (2) PHYSICAL SEARCH- Section 304(d)(1) of the ForeignIntelligence 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) anorder under this section for a physical search targeted against an agent of a foreign power as defined insection 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 IntelligenceSurveillance 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) anextension of an order under this Act for a surveillance targeted against an agent of a foreign power asdefined 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 IntelligenceSurveillance Act of 1978 (50 U.S.C. 1824(d)(2) is amended by inserting after `not a United Statesperson,' the following: `or against an agent of a foreign power as defined in section 101(b)(1)(A),'. SEC. 208. DESIGNATION OF JUDGES. Section 103(a) of the Foreign Intelligence Surveillance Act of1978 (50 U.S.C. 1803(a)) is amended by-- (1) striking `seven district court judges' and inserting `11district court judges'; and (2) inserting `of whom no fewer than 3 shall reside within 20miles of the District of Columbia' after `circuits'. SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO WARRANTS. Title 18, United States Code, is amended-- (1) in section 2510-- (A) in paragraph (1), by striking beginning with `and such' andall that follows through `communication'; and (B) in paragraph (14), by inserting `wire or' after `transmissionof'; and (2) in subsections (a) and (b) of section 2703-- (A) by striking `CONTENTS OF ELECTRONIC' and inserting `CONTENTSOF 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 orelectronic' each place it appears. SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONICCOMMUNICATIONS. Section 2703(c)(2) of title 18, United States Code, asredesignated by section 212, is amended-- (1) by striking `entity the name, address, local and longdistance telephone toll billing records, telephone number or other subscriber number or identity, andlength of service of a subscriber' and inserting the following: `entity the-- `(A) name; `(B) address; `(C) local and long distance telephone connection records, orrecords of session times and durations; `(D) length of service (including start date) and types ofservice utilized; `(E) telephone or instrument number or other subscriber number oridentity, including any temporarily assigned network address; and `(F) means and source of payment for such service (including anycredit card or bank account number), of a subscriber'; and (2) by striking `and the types of services the subscriber orcustomer utilized,'. SEC. 211. CLARIFICATION OF SCOPE. Section 631 of the Communications Act of 1934 (47 U.S.C. 551) isamended-- (1) in subsection (c)(2)-- (A) in subparagraph (B), by striking `or'; (B) in subparagraph (C), by striking the period at the end andinserting `; or'; and (C) by inserting at the end the following: `(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 recordsrevealing cable subscriber selection of video programming from a cable operator.'; and (2) in subsection (h), by striking `A governmental entity' andinserting `Except as provided in subsection (c)(2)(D), a governmental entity'. SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TOPROTECT LIFE AND LIMB. (a) DISCLOSURE OF CONTENTS- (1) IN GENERAL- Section 2702 of title 18, United States Code, isamended-- (A) by striking the section heading and inserting the following: `Sec. 2702. Voluntary disclosure of customer communications orrecords'; (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 electroniccommunication service to the public shall not knowingly divulge a record or other information pertaining to asubscriber to or customer of such service (not including the contents of communications covered byparagraph (1) or (2)) to any governmental entity.'; (C) in subsection (b), by striking `EXCEPTIONS- A person orentity' and inserting `EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS- A provider described in subse
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  • cpilericpileri Member Posts: 447 ✭✭✭
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    (and yet more)covered by subsection (a) or (b) ofthis section) to a governmental entity' and inserting `)'; (iii) by redesignating subparagraph (C) as paragraph (2); (iv) by redesignating clauses (i), (ii), (iii), and (iv) assubparagraphs (A), (B), (C), and (D), respectively; (v) in subparagraph (D) (as redesignated) by striking the periodand inserting `; or'; and (vi) by inserting after subparagraph (D) (as redesignated) thefollowing: `(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 forchapter 121 of title 18, United States Code, is amended by striking the item relating to section2703 and inserting the following: `2703. Required disclosure of customer communications orrecords.'. SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF AWARRANT. Section 3103a of title 18, United States Code, is amended-- (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 courtorder under this section, or any other rule of law, to search for and seize any property or materialthat constitutes evidence of a criminal offense in violation of the laws of the United States, any noticerequired, or that may be required, to be given may be delayed if-- `(1) the court finds reasonable cause to believe that providingimmediate notification of the execution of the warrant may have an adverse result (as defined in section2705); `(2) the warrant prohibits the seizure of any tangible property,any wire or electronic communication (as defined in section 2510), or, except as expressly provided inchapter 121, any stored wire or electronic information, except where the court finds reasonable necessityfor the seizure; and `(3) the warrant provides for the giving of such notice within areasonable period of its execution, which period may thereafter be extended by the court for good causeshown.'. SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA. (a) APPLICATIONS AND ORDERS- Section 402 of the ForeignIntelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended-- (1) in subsection (a)(1), by striking `for any investigation togather foreign intelligence information or information concerning international terrorism' and inserting`for any investigation to obtain foreign intelligence information not concerning a United States person orto protect against international terrorism or clandestine intelligence activities, provided thatsuch investigation of a United States person is not conducted solely upon the basis of activitiesprotected 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 likelyto be obtained is foreign intelligence information not concerning a United States person or is relevantto an ongoing investigation to protect against international terrorism or clandestine intelligenceactivities, provided that such investigation of a United States person is not conducted solely upon the basis ofactivities 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 ofthe investigation; `(ii) the identity, if known, of the person to whom is leased orin whose name is listed the telephone line or other facility to which the pen register or trap and tracedevice is to be attached or applied; `(iii) the attributes of the communications to which the orderapplies, such as the number or other identifier, and, if known, the location of the telephone line orother facility to which the pen register or trap and trace device is to be attached or applied and, in thecase of a trap and trace device, the geographic limits of the trap and trace order.'. (b) AUTHORIZATION DURING EMERGENCIES- Section 403 of the ForeignIntelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended-- (1) in subsection (a), by striking `foreign intelligenceinformation or information concerning international terrorism' and inserting `foreign intelligence information notconcerning a United States person or information to protect against international terrorism orclandestine intelligence activities, provided that such investigation of a United States person is not conductedsolely upon the basis of activities protected by the first amendment to the Constitution'; and (2) in subsection (b)(1), by striking `foreign intelligenceinformation or information concerning international terrorism' and inserting `foreign intelligenceinformation not concerning a United States person or information to protect against international terrorismor clandestine intelligence activities, provided that such investigation of a United States person is notconducted solely upon the basis of activities protected by the first amendment to the Constitution'. SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGNINTELLIGENCE SURVEILLANCE ACT. Title V of the Foreign Intelligence Surveillance Act of 1978 (50U.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 FOREIGNINTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS. `(a)(1) The Director of the Federal Bureau of Investigation or adesignee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) maymake an application for an order requiring the production of any tangible things (including books, records,papers, documents, and other items) for an investigation to protect against international terrorism orclandestine intelligence activities, provided that such investigation of a United States person is notconducted 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 AttorneyGeneral under Executive Order 12333 (or a successor order); and `(B) not be conducted of a United States person solely upon thebasis 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 title28, United States Code, who is publicly designated by the Chief Justice of the United States to have thepower to hear applications and grant orders for the production of tangible things under this sectionon behalf of a judge of that court; and `(2) shall specify that the records concerned are sought for anauthorized investigation conducted in accordance with subsection (a)(2) to protect againstinternational terrorism or clandestine intelligence activities. `(c)(1) Upon an application made pursuant to this section, thejudge shall enter an ex parte order as requested, or as modified, approving the release of records ifthe judge finds that the application meets the requirements of this section. `(2) An order under this subsection shall not disclose that it isissued for purposes of an investigation described in subsection (a). `(d) No person shall disclose to any other person (other thanthose persons necessary to produce the tangible things under this section) that the Federal Bureau ofInvestigation has sought or obtained tangible things under this section. `(e) A person who, in good faith, produces tangible things underan order pursuant to this section shall not be liable to any other person for such production. Suchproduction shall not be deemed to constitute a waiver of any privilege in any other proceeding orcontext. `SEC. 502. CONGRESSIONAL OVERSIGHT. `(a) On a semiannual basis, the Attorney General shall fullyinform the Permanent Select Committee on Intelligence of the House of Representatives and the SelectCommittee on Intelligence of the Senate concerning all requests for the production of tangible thingsunder section 402. `(b) On a semiannual basis, the Attorney General shall provide tothe Committees on the Judiciary of the House of Representatives and the Senate a report setting forthwith respect to the preceding 6-month period-- `(1) the total number of applications made for orders approvingrequests for the production of tangible things under section 402; and `(2) the total number of such orders either granted, modified, ordenied.'. SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PENREGISTERS AND TRAP AND TRACE DEVICES. (a) GENERAL LIMITATIONS- Section 3121(c) of title 18, UnitedStates Code, is amended-- (1) by inserting `or trap and trace device' after `pen register'; (2) by inserting `, routing, addressing,' after `dialing'; and (3) by striking `call processing' and inserting `the processingand transmitting of wire or electronic communications so as not to include the contents of any wire orelectronic 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 application made undersection 3122(a)(1), the court shall enter an ex parte order authorizing the installation anduse of a pen register or trap and trace device anywhere within the United States, if the court finds thatthe attorney for the Government has certified to the court that the information likely to be obtainedby such installation and use is relevant to an ongoing criminal investigation. The order, upon service ofthat order, shall apply to any person or entity providing wire or electronic communication service in theUnited States whose assistance may facilitate the execution of the order. Whenever such an order isserved on any person or entity not specifically named in the order, upon request of such person orentity, the attorney for the Government or law enforcement or investigative officer that is serving theorder shall provide written or electronic certification that the order applies to the person or entitybeing served.
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    (You guessed it)`(2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER- Upon anapplication made under section 3122(a)(2), the court shall enter an ex parte order authorizingthe installation and use of a pen register or trap and trace device within the jurisdiction of the court, ifthe court finds that the State law enforcement or investigative officer has certified to the courtthat the information likely to be obtained by such installation and use is relevant to an ongoing criminalinvestigation. `(3)(A) Where the law enforcement agency implementing an ex parteorder under this subsection seeks to do so by installing and using its own pen register or trap andtrace device on a packet-switched data network of a provider of electronic communication service to thepublic, the agency shall ensure that a record will be maintained which will identify-- `(i) any officer or officers who installed the device and anyofficer or officers who accessed the device to obtain information from the network; `(ii) the date and time the device was installed, the date andtime the device was uninstalled, and the date, time, and duration of each time the device is accessed toobtain information; `(iii) the configuration of the device at the time of itsinstallation 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 canbe set automatically to record this information electronically, the record shall be maintainedelectronically throughout the installation and use of such device. `(B) The record maintained under subparagraph (A) shall beprovided ex parte and under seal to the court which entered the ex parte order authorizing theinstallation and use of the device within 30 days after termination of the order (including any extensionsthereof).'. (2) CONTENTS OF ORDER- Section 3123(b)(1) of title 18, UnitedStates 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: `(C) the attributes of the communications to which the orderapplies, including the number or other identifier and, if known, the location of the telephone line orother facility to which the pen register or trap and trace device is to be attached or applied, and, in thecase of an order authorizing installation and use of a trap and trace device under subsection (a)(2), thegeographic 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' andinserting `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 subparagraph (A) and inserting the following: `(A) any district court of the United States (including amagistrate judge of such a court) or any United States court of appeals having jurisdiction over the offensebeing investigated; or'. (2) PEN REGISTER- Section 3127(3) of title 18, United StatesCode, is amended-- (A) by striking `electronic or other impulses' and all thatfollows through `is attached' and inserting `dialing, routing, addressing, or signaling informationtransmitted 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 itappears. (3) TRAP AND TRACE DEVICE- Section 3127(4) of title 18, UnitedStates Code, is amended-- (A) by striking `of an instrument' and all that follows throughthe semicolon and inserting `or other dialing, routing, addressing, and signaling informationreasonably likely to identify the source of a wire or electronic communication, provided, however, that suchinformation 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, UnitedStates Code, is amended-- (A) by striking `and'; and (B) by inserting `, and `contents' after `electroniccommunication service'. (5) TECHNICAL AMENDMENT- Section 3124(d) of title 18, UnitedStates Code, is amended by striking `the terms of'. (6) CONFORMING AMENDMENT- Section 3124(b) of title 18, UnitedStates Code, is amended by inserting `or other facility' after `the appropriate line'. SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS. Chapter 119 of title 18, United States Code, is amended-- (1) in section 2510-- (A) in paragraph (18), by striking `and' at the end; (B) in paragraph (19), by striking the period and inserting asemicolon; and (C) by inserting after paragraph (19) the following: `(20) `protected computer' has the meaning set forth in section1030; and `(21) `computer trespasser'-- `(A) means a person who accesses a protected computer withoutauthorization and thus has no reasonable expectation of privacy in any communicationtransmitted to, through, or from the protected computer; and `(B) does not include a person known by the owner or operator ofthe protected computer to have an existing contractual relationship with the owner or operator ofthe 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 personacting under color of law to intercept the wire or electronic communications of a computer trespassertransmitted to, through, or from the protected computer, if-- `(I) the owner or operator of the protected computer authorizesthe interception of the computer trespasser's communications on the protected computer; `(II) the person acting under color of law is lawfully engaged inan investigation; `(III) the person acting under color of law has reasonablegrounds to believe that the contents of the computer trespasser's communications will be relevant to theinvestigation; and `(IV) such interception does not acquire communications otherthan those transmitted to or from the computer trespasser.'. SEC. 218. FOREIGN INTELLIGENCE INFORMATION. Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C.1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence Surveillance Act of 1978 are each amended bystriking `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 amendedby inserting after `executed' the following: `and (3) in an investigation of domestic terrorism orinternational terrorism (as defined in section 2331 of title 18, United States Code), by a Federalmagistrate judge in any district in which activities related to the terrorism may have occurred, for asearch of property or for a person within or outside the district'. SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONICEVIDENCE. (a) IN GENERAL- Chapter 121 of title 18, United States Code, isamended-- (1) in section 2703, by striking `under the Federal Rules ofCriminal Procedure' every place it appears and inserting `using the procedures described in the FederalRules of 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 meaningassigned by section 3127, and includes any Federal court within that definition, without geographiclimitation.'. (b) CONFORMING AMENDMENT- Section 2703(d) of title 18, UnitedStates Code, is amended by striking `described in section 3127(2)(A)'. SEC. 221. TRADE SANCTIONS. (a) IN GENERAL- The Trade Sanctions Reform and Export EnhancementAct 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 ofchemical or biological weapons, missiles, or weapons of mass destruction.'; (2) in section 906(a)(1)-- (A) by inserting `, the Taliban or the territory of Afghanistancontrolled by the Taliban,' after `Cuba'; and (B) by inserting `, or in the territory of Afghanistan controlledby the Taliban,' after `within such country'; and (3) in section 906(a)(2), by inserting `, or to any other entityin Syria or North Korea' after `Korea'. (b) APPLICATION OF THE TRADE SANCTIONS REFORM AND EXPORTENHANCEMENT ACT- Nothing in the Trade Sanctions Reform and Export Enhancement Act of 2000 shalllimit the application or scope of any law establishing criminal or civil penalties, including anyexecutive order or regulation promulgated pursuant to such laws (or similar or successor laws), for theunlawful export of any agricultural commodity, medicine, or medical device to-- (1) a foreign organization, group, or person designated pursuantto Executive Order 12947 of January 23, 1995, as amended; (2) a Foreign Terrorist Organization pursuant to theAntiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132); (3) a foreign organization, group, or person designated pursuantto Executive Order 13224 (September 23, 2001); (4) any narcotics trafficking entity designated pursuant toExecutive Order 12978 (October 21, 1995) or the Foreign Narcotics Kingpin Designation Act (Public Law106-120); or (5) any foreign organization, group, or persons subject to anyrestriction for its involvement in weapons of mass destruction or missile proliferation. SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES. Nothing in this Act shall impose any additional technicalobligation or requirement on a provider of a wire or electronic communication service or other person to furnishfacilities or technical assistance. A provider of a wire or electronic communication service, landlord,custodian, or other person who furnishes facilities or technical assistance pursuant to section216 shall be reasonably compensated for such reasonable expenditures incurred in providing suchfacilities or assistance. SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES. (a) Section 2520 of title 18, United States Code, is amended-- (1) in subsection (a), after `entity', by inserting `, other thanthe United States,'; (2) by adding at the end the following: `(f) ADMINISTRATIVE DISCIPLINE- If a court or appropriatedepartment or agency determines that the United States or any of its departments or agencies has violatedany provision of this chapter, and the court or appropriate department or agency finds that thecircumstances surrounding the violation raise serious questions about whether or not an officer or employee ofthe United States acted willfully or intentionally with respect to the violation, the department oragency shall, upon receipt of a true and correct copy of the decision and findings of the court orappropriate department or agency promptly initiate a proceeding to determine whether disciplinary actionagainst the officer or employee is warranted. If the head of the department or agency involveddetermines that disciplinary action is not warranted, he or she shall notify the Inspector General withjurisdiction over the department or agency concerned and shall provide the Inspector General with thereasons for such determination.'; and (3) by adding a new subsection (g), as follows: `(g) IMPROPER DISCLOSURE IS VIOLATION- Any willful disclosure oruse by an investigative or law enforcement officer or governmental entity of information beyondthe 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 thanthe United States,'; (2) by striking subsection (d) and inserting the following: `(d) ADMINISTRATIVE DISCIPLINE- If a court or appropriatedepartment or agency determines that the United States or any of its departments or agencies has violatedany provision of this chapter, and the court or appropriate department or agency finds that thecircumstances surrounding the violation raise serious questions about whether or not an officer or employee ofthe United States acted willfully or intentionally with respect to the violation, the department oragency shall, upon receipt of a true and correct copy of the decision and findings of the court orappropriate department or agency promptly initiate a proceeding to determine whether disciplinary actionagainst the officer or employee is warranted. If the head of the department or agency involveddetermines that disciplinary action is not warranted, he or she shall notify the Inspector General withjurisdiction over the department or agency concerned and shall provide the Inspector General with thereasons 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 aninvestigative or law enforcement officer, or a governmental entity, pursuant to section 2703 of this title, orfrom a device installed pursuant to section 3123 or 3125 of this title, that is not a disclosure madein the proper performance of the official functions of the officer or governmental entity making thedisclosure, is a violation of this chapter. This provision shall not apply to information previously lawfullydisclosed (prior to the commencement of any civil or administrative proceeding under this chapter) to thepublic by a Federal, State, or local governmental entity or by the plaintiff in a civil action underthis chapter.'. (c)(1) Chapter 121 of title 18, United States Code, is amended byadding at the end the following: `Sec. 2712. Civil actions against the United States `(a) IN GENERAL- Any person who is aggrieved by any willfulviolation of this chapter or of chapter 119 of this title or of sections 106(a), 305(a), or 405(a) of theForeign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an action in United StatesDistrict Court against the United States to recover money damages. In any such action, if a personwho is aggrieved successfully establishes such a violation of this chapter or of chapter 119 ofthis 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 amountis greater; and `(2) litigation costs, reasonably incurred. `(b) PROCEDURES- (1) Any action against the United States underthis section may be commenced only after a claim is presented to the appropriate department oragency 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 sectionshall be forever barred unless it is presented in writing to the appropriate Federal agency within 2years after such claim accrues or unless action is begun within 6 months after the date of mailing, bycertified or registered mail, of notice of final denial of the claim by the agency to which it waspresented. The claim shall accrue on the date upon which the claimant first has a reasonable opportunity todiscover the violation.'. `(3) Any action under this section shall be tried to the courtwithout a jury. `(4) Notwithstanding any other provision of law, the proceduresset forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence Surveillance Act of 1978 (50U.S.C. 1801 et seq.) shall be the exclusive means by which materials governed by those sections maybe reviewed. `(5) An amount equal to any award against the United States underthis section shall be reimbursed by the department or agency concerned to the fund described insection 1304 of title 31, United States Code, out of any appropriation, fund, or other account (excludingany part of such appropriation, fund, or account that is available for the enforcement of any Federallaw) that is available for the operating expenses of the department or agency concerned. `(c) ADMINISTRATIVE DISCIPLINE- If a court or appropriatedepartment or agency determines that the United States or any of its departments or agencies has violatedany provision of this chapter, and the court or appropriate department or agency finds that thecircumstances surrounding the violation raise serious questions about whether or not an officer or employee ofthe United States acted willfully or intentionally with respect to the possible violation, thedepartment or agency shall, upon receipt of a true and correct copy of the decision and findings of the courtor appropriate department or agency promptly initiate a proceeding to determine whether disciplinaryaction against the officer or employee is warranted. If the head of the department or agency involveddetermines that disciplinary action is not warranted, he or she shall notify the Inspector General withjurisdiction over the department or agency concerned and shall provide the Inspector General with thereasons for such determination. `(d) EXCLUSIVE REMEDY- Any action against the United States underthis subsection shall be the exclusive remedy against the United States for any claims withinthe purview of this section. `(e) STAY OF PROCEEDINGS- (1) Upon the motion of the UnitedStates, the court shall stay any action commenced under this section if the court determines that civildiscovery will adversely affect the ability of the Government to conduct a related investigation orthe 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 therequest for the stay or any subsequent motion to lift the stay is made. In determining whether aninvestigation or a criminal case is related to an action commenced under this section, the court shall considerthe degree of similarity between the parties, witnesses, facts, and circumstances involved in the 2proceedings, without requiring that any one or more factors be identical. `(3) In requesting a stay under paragraph (1), the Governmentmay, in appropriate cases, submit evidence ex parte in order to avoid disclosing any matter thatmay adversely affect a related investigation or a related criminal case. If the Government makessuch an ex parte submission, the plaintiff shall be given an opportunity to make a submission tothe court, not ex parte, and the court may, in its discretion, request further information from eitherparty.'. (2) The table of sections at the beginning of chapter 121 isamended to read as follows: `2712. Civil action against the United States.'. SEC. 224. SUNSET. (a) IN GENERAL- Except as provided in subsection (b), this titleand 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 onDecember 31, 2005. (b) EXCEPTION- With respect to any particular foreignintelligence investigation that began before the date on which the provisions referred to in subsection (a) ceaseto have effect, or with respect to any particular offense or potential offense that began or occurredbefore 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) No cause of action shall lie in any court against anyprovider of a wire or electronic communication service, landlord, custodian, or other person (including anyofficer, employee, agent, or other specified person thereof) that furnishes any information, facilities, ortechnical assistance in accordance with a court order or request for emergency assistance under this Act.'.
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  • cpilericpileri Member Posts: 447 ✭✭✭
    edited November -1
    (almost done)TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT ANDANTI-TERRORIST FINANCING ACT OF 2001 SEC. 301. SHORT TITLE. This title may be cited as the `International Money LaunderingAbatement 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 MonetaryFund 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 toconduct and expand their operations to the detriment of the safety and security of American citizens; (2) money laundering, and the defects in financial transparencyon which money launderers rely, are critical to the financing of global terrorism and the provisionof funds for terrorist attacks; (3) money launderers subvert legitimate financial mechanisms andbanking relationships by using them as protective covering for the movement of criminal proceeds and thefinancing of crime and terrorism, and, by so doing, can threaten the safety of United States citizensand undermine the integrity of United States financial institutions and of the global financial andtrading systems upon which prosperity and growth depend; (4) certain jurisdictions outside of the United States that offer`offshore' banking and related facilities designed to provide anonymity, coupled with weak financialsupervisory and enforcement regimes, provide essential tools to disguise ownership and movement ofcriminal funds, derived from, or used to commit, offenses ranging from narcotics trafficking, terrorism,arms smuggling, and trafficking in human beings, to financial frauds that prey on law-abiding citizens; (5) transactions involving such offshore jurisdictions make itdifficult 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 bankingmechanisms susceptible in some circumstances to manipulation by foreign banks to permit thelaundering of funds by hiding the identity of real parties in interest to financial transactions; (7) private banking services can be susceptible to manipulationby money launderers, for example corrupt foreign government officials, particularly if thoseservices include the creation of offshore accounts and facilities for large personal funds transfers tochannel funds into accounts around the globe; (8) United States anti-money laundering efforts are impeded byoutmoded and inadequate statutory provisions that make investigations, prosecutions, andforfeitures more difficult, particularly in cases in which money laundering involves foreign persons, foreign banks,or foreign countries; (9) the ability to mount effective counter-measures tointernational money launderers requires national, as well as bilateral and multilateral action, using toolsspecially designed for that effort; and (10) the Basle Committee on Banking Regulation and SupervisoryPractices and the Financial Action Task Force on Money Laundering, of both of which the United States isa member, have each adopted international anti-money laundering principles andrecommendations. (b) PURPOSES- The purposes of this title are-- (1) to increase the strength of United States measures toprevent, detect, and prosecute international money laundering and the financing of terrorism; (2) to ensure that-- (A) banking transactions and financial relationships and theconduct of such transactions and relationships, do not contravene the purposes of subchapter II ofchapter 53 of title 31, United States Code, section 21 of the Federal Deposit Insurance Act, or chapter2 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 befulfilled, and such provisions of law are effectively and efficiently administered; (3) to strengthen the provisions put into place by the MoneyLaundering Control Act of 1986 (18 U.S.C. 981 note), especially with respect to crimes by non-United Statesnationals and foreign financial institutions; (4) to provide a clear national mandate for subjecting to specialscrutiny those foreign jurisdictions, financial institutions operating outside of the United States,and classes of international transactions or types of accounts that pose particular, identifiableopportunities for criminal abuse; (5) to provide the Secretary of the Treasury (in this titlereferred to as the `Secretary') with broad discretion, subject to the safeguards provided by theAdministrative Procedure Act under title 5, United States Code, to take measures tailored to the particular moneylaundering problems presented by specific foreign jurisdictions, financial institutions operatingoutside of the United States, and classes of international transactions or types of accounts; (6) to ensure that the employment of such measures by theSecretary permits appropriate opportunity for comment by affected financial institutions; (7) to provide guidance to domestic financial institutions onparticular foreign jurisdictions, financial institutions operating outside of the United States, and classesof international transactions that are of primary money laundering concern to the United States Government; (8) to ensure that the forfeiture of any assets in connectionwith the anti-terrorist efforts of the United States permits for adequate challenge consistent with providingdue process rights;(9) to clarify the terms of the safe harbor from civil liability for filingsuspicious activity reports;(10) to strengthen the authority of the Secretary to issue and administergeographic targeting orders,and to clarify that violations of such orders or any other requirementimposed under the authoritycontained in chapter 2 of title I of Public Law 91-508 and subchapters IIand III of chapter 53 of title31, United States Code, may result in criminal and civil penalties;
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  • cpilericpileri Member Posts: 447 ✭✭✭
    edited November -1
    (finally)Here is a list of our elected traitors who voted "YEA" for it:well here's a list of the "YEA" votes: your elected traitors, folks.YEAS357 --- Ackerman Gordon Northup Aderholt Goss Norwood Akin Graham Nussle Allen Granger Obey Andrews Graves Ortiz Armey Green (TX) Osborne Baca Green (WI) Ose Bachus Greenwood Oxley Baird Grucci Pallone Baker Gutierrez Pascrell Baldacci Gutknecht Pelosi Ballenger Hall (OH) Pence Barcia Hall (TX) Peterson (PA) Barr Harman Petri Bartlett Hart Phelps Barton Hastings (WA) Pickering Bass Hayes Pitts Becerra Hayworth Platts Bentsen Hefley Pombo Bereuter Herger Pomeroy Berkley Hilleary Portman Berman Hinchey Price (NC) Berry Hinojosa Pryce (OH) Biggert Hobson Putnam Bishop Hoeffel Quinn Blagojevich Hoekstra Radanovich Blunt Holden Ramstad Boehlert Holt Rangel Boehner Hooley Regula Bonilla Horn Rehberg Bono Hostettler Reyes Borski Houghton Reynolds Boswell Hoyer Riley Boyd Hulshof Rodriguez Brady (PA) Hunter Roemer Brady (TX) Hyde Rogers (KY) Brown (FL) Inslee Rogers (MI) Brown (SC) Isakson Rohrabacher Bryant Israel Ros-Lehtinen Burr Issa Ross Buyer Istook Rothman Callahan Jefferson Roukema Calvert Jenkins Roybal-Allard Camp John Royce Cannon Johnson (CT) Ryan (WI) Cantor Johnson (IL) Ryun (KS) Capito Johnson, Sam Sandlin Capps Jones (NC) Sawyer Cardin Kanjorski Saxton Carson (IN) Kaptur Schaffer Carson (OK) Keller Schiff Castle Kelly Schrock Chabot Kennedy (MN) Sensenbrenner Chambliss Kennedy (RI) Sessions Clement Kerns Shadegg Clyburn Kildee Shaw Coble Kind (WI) Shays Collins King (NY) Sherman Combest Kingston Sherwood Condit Kirk Shimkus Cooksey Kleczka Shows Costello Knollenberg Shuster Cox Kolbe Simmons Cramer LaFalce Simpson Crane LaHood Skeen Crenshaw Lampson Skelton Crowley Langevin Slaughter Culberson Lantos Smith (MI) Cunningham Largent Smith (NJ) Davis (CA) Larsen (WA) Smith (TX) Davis (FL) Larson (CT) Smith (WA) Davis, Jo Ann Latham Snyder Davis, Tom LaTourette Solis Deal Leach Souder Delahunt Levin Spratt DeLauro Lewis (CA) Stearns DeLay Lewis (KY) Stenholm DeMint Linder Strickland Deutsch Lipinski Stump Diaz-Balart LoBiondo Stupak Dicks Lofgren Sununu Doggett Lowey Sweeney Dooley Lucas (KY) Tancredo Doolittle Lucas (OK) Tanner Doyle Luther Tauscher Dreier Lynch Tauzin Duncan Maloney (CT) Taylor (MS) Dunn Maloney (NY) Taylor (NC) Edwards Manzullo Terry Ehlers Markey Thomas Ehrlich Mascara Thompson (CA) Emerson Matheson Thornberry Engel Matsui Thune English McCarthy (MO) Thurman Eshoo McCarthy (NY) Tiahrt Etheridge McCollum Tiberi Evans McCrery Toomey Everett McHugh Towns Fattah McInnis Traficant Ferguson McIntyre Turner Flake McKeon Upton Fletcher McNulty Vitter Foley Meehan Walden Forbes Meeks (NY) Walsh Ford Menendez Wamp Fossella Mica Watkins (OK) Frelinghuysen Millender-McDonald Watts (OK) Frost Miller, Dan Waxman Gallegly Miller, Gary Weiner Ganske Miller, Jeff Weldon (FL) Gekas Moore Weldon (PA) Gephardt Moran (KS) Weller Gibbons Moran (VA) Wexler Gilchrest Morella Whitfield Gillmor Murtha Wicker Gilman Myrick Wilson Gonzalez Napolitano Wolf Goode Neal Wynn Goodlatte Nethercutt Young (FL) http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://clerkweb.house .gov/cgi%2Dbin/vote.exe%3Fyear=2001%26amp%3Brollnumber=398
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  • travelortravelor Member Posts: 442 ✭✭✭
    edited November -1
    cpileri, Thanx for being so thorough...I would have been hard pressed to gather all of this. In some cases, I have been known to form an opinion to abruptly, based on inadequate information..I had a bad gut feeling about the first bit I got on this, and I don't believe any of it was missinformation. You have reconfirmed my reasons fo fear...this is indeed terrorising to any civillian like me. I am law abiding, as far as I know, but am afraid the laws may change against me without my knowledge creating an ignorant criminal!!!
    keep lots of extra uppers for your ar..you can change often enough to keep the thing from over heating...what ever caliber fits the moment..~Secret Select Society of Suave Stylish Smoking Jackets~
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  • badboybobbadboybob Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Any bets on how soon it will be declared unconstitutional?
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  • 7mm_ultra_mag_is_king7mm_ultra_mag_is_king Member Posts: 676 ✭✭✭✭
    edited November -1
    HOLY CRAP!Anybody know where I can get some sandbags. I think the good 'ol USA has been taken over by communist leaders
    when all else fails........................
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  • travelortravelor Member Posts: 442 ✭✭✭
    edited November -1
    I'm glad to see that others are actually reading and responding to my post.I want every one to know that the words I have written, and those I have Quoted here on this post I consider to be of utmost Importance. No joking around with these words. Sometimes oppinions may not coincide directly with my own..but I'm not here to discredit what has been said above.(All should understand the severity of what is taking place.)Anyone who would like to copy and paste these words to any other board is welcome to, as far as I'm concerned. The fact is, all True Americans should be aware of this development...
    keep lots of extra uppers for your ar..you can change often enough to keep the thing from over heating...what ever caliber fits the moment..~Secret Select Society of Suave Stylish Smoking Jackets~[This message has been edited by travelor (edited 11-14-2001).]
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