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The Uniting and Strengthening America Act of 2001 [USAA]

Section-by-Section Analysis

Sec. 1. >Short title and table of contents. This section contains the short title "Uniting and Strengthening America Act of 2001" and the table of contents for the act.

TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

Sec. 101. Office for Counterterrorism and Homeland Security. Section 101 authorizes the Attorney General to establish in the Federal Bureau of Investigation (FBI) an Office for Counterterrorism and Homeland Security, headed by a new Deputy Director of the FBI who would be appointed by the President, by and with the advice and consent of the Senate. The Deputy would serve as principal advisor to the Attorney General and the FBI Director on terrorism and homeland security policy. The Office would enable the Attorney General to develop and oversee a National Counterterrorism and Homeland Security Strategy for Federal departments and agencies and to consult with and assist State and local governments.

Sec. 102. Funding for national counterterrorism and homeland security programs. Section 102 provides for the Office of Management and Budget to develop and submit to the President and Congress a consolidated National Counterterrorism and Homeland Security Budget, in consultation with the Attorney General and the Assistant to the President For National Security Affairs. The consolidated budget would implement the National Counterterrorism and Homeland Security Strategy and the National Security Strategy of the United States.

Sec. 103. FBI career security program. Section 103 establishes an FBI career security officer program under an FBI Security Director. FBI security officers would perform personnel security, information assurance, physical security, operational security, and related functions. Non-Special Agent security specialists would be emphasized. The FBI Director would establish training and experience requirements and an education and training program for FBI security personnel. Security program managers and their deputies would complete an accredited security management course.

Sec. 104. Counterterrorism Fund. Section 104 establishes a counterterrorism fund in the Treasury of the United States, without affecting prior appropriations, to reimburse Justice Department components for any costs incurred in connection with: (1) reestablish-ing the operational capability of an office or facility that has been damaged as the result of any domestic or international terrorism incident; (2) providing support to counter, investigate, or prosecute domestic or international terrorism, including paying rewards in connection with these activities; (3) conducting terrorism threat assessments of Federal agencies; and (4) for costs incurred in connection with detaining individuals in foreign countries who are accused of acts of terrorism in violation of United States law.

Sec. 105. Sense of Congress condemning discrimination against Arab and Muslim Americans. Section 105 condemns acts of violence and discrimination against Arab Americans, American Muslims, and Americans from South Asia, and declares that the civil rights and liberties of those Americans must be protected and that every effort must be taken to protect their safety.

Sec. 106. Increased funding for the Technical Support Center at the Federal Bureau of Investigation. Section 106 authorizes appropriations of $200,000,000 for fiscal years 2002, 2003 and 2004 for the Technical Support Center established in section 811 of the Antiterrorism and Effective Death Penalty Act of 1996 to help meet the demands of activities to combat terrorism and enhance the technical support and tactical operations of the FBI.

TITLE II--ENHANCED SURVEILLANCE PROCEDURES

Sec. 201. Authority to intercept wire, oral, and electronic communications relating to terrorism. Section 201 includes as predicates for electronic surveillance under criminal procedures (Title III) additional federal statutes relating to terrorism.

Sec. 202. Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses. Section 202 includes as predicate for electronic surveillance under criminal procedures (Title III) a felony violation relating to computer fraud and abuse.

Sec. 203. Authority to share criminal investigative information with intelligence officers to facilitate counterterrorism investigations. Section 203 authorizes disclosure to an intelligence officer of the United States the contents of a communication acquired by electronic surveillance under criminal procedures (Title III) to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

Sec. 204. Enhanced authority for use of pen register and trap and trace devices. Section 204 amends the criminal procedures for pen registers and trap and trace devices to authorize courts to grant orders that are valid outside the jurisdiction of the court granting the order. The order could apply to any communication service provider in the United States whose assistance may facilitate execution of the order. This eliminates the need under current law to apply for new orders each time the investigation leads to another jurisdiction. The court must find, based on facts contained in the application, that the information likely to be obtained is relevant to an ongoing criminal investigation. The authorized technique must restrict the recording or decoding of information to information "identifying the origination or destination of wire and electronic communications."

Sec. 205. Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications. Section 205 clarifies that foreign intelligence acquisition by the United States Government is not affected by the criminal procedures for pen registers and trap and trace devices.

Sec. 206. Employment of translators by the Federal Bureau of Investigation. Section 206 authorizes the Director of the FBI to expedite the employment of translators to support counterterrorism investigations and operations, within necessary security requirements.

Sec. 207. Roving surveillance authority under Foreign Intelligence Surveillance Act. Section 207 eliminates current requirements under FISA to specify the facilities or places at which electronic surveillance will be directed if the court finds probable cause to believe that the target’s actions could have the effect of thwarting electronic surveillance. If the judge makes such a finding, third parties such as communications carriers or landlords, who are not specified in the court order, would be obliged to furnish assistance to the government necessary to accomplish the surveillance.

Sec. 208. Duration of FISA surveillance of non-United States persons who are agents of foreign power. Section 208 enables the Foreign Intelligence Surveillance Court to authorize the electronic surveillance for up to a year of persons, other than United States persons, who are officers and employees of foreign governments, factions of foreign nations, and entities openly acknowledged to be directed and controlled by foreign governments. The proposed change would bring the authorization period in line with that allowed for electronic surveillance of the foreign establishments for which the foreign officers and employees work. The proposed change would not affect current limitations on electronic surveillance of U.S. citizens, permanent resident aliens, or foreign nationals not employed by foreign establishments. Nor would it affect current limits on physical searches.

Sec. 209. Designation of judges. Section 209 increases from 7 to 14 the number of Federal district justices designated by the Chief Justice to serve on the Foreign Intelligence Surveillance Court.

Sec. 210 Encouraging airline employees to report suspicious activities. Section 210 would amend Chapter 449 of title 49, United States Code, to provide civil immunity for airline employees who report information relating potential violations of law, including air piracy, threats to aircraft or passenger safety, and terrorism to an employee of the Department of Justice, Department of Transportation, a law enforcement officer or an airline or airport security officer. An additional provision would require the Attorney General, in consultation with the Secretary of Transportation and the Director of the Federal Bureau of Investigation, to establish training programs for airline and airport employees in detecting possible violations of law or regulations and potential threats to airline and passenger safety.

TITLE III--ENHANCED MONEY LAUNDERING TOOLS

Subtitle A. Modernizing and Strengthening Existing Federal Laws to Combat Money Laundering

Sec. 301. Findings and purpose. Legislative findings and purpose in support of this subtitle.

Sec. 302. Inclusion of foreign corruption offenses as money laundering crimes. Section 302 amends 18 U.S.C. § 1956(c)(7)(B) to include various foreign corruption offenses in the definition of "specified unlawful activity" for money-laundering purposes. The offenses added would include schemes to defraud foreign governments, bribery, misappropriation, theft, embezzlement, smuggling, export control violations, offenses for which the United States would be obligated to extradite the offender by a multilateral treaty, and the misuse of funds of the International Monetary Fund or other international financial institution.

Sec. 303. Anti-money laundering measures for United States bank accounts involving foreign persons. Section 303 requires U.S. banks and U.S. branches of foreign banks in the United States to maintain records in the United States identifying foreign individuals and organizations having direct or beneficial interests in accounts opened or managed in the United States by such financial institutions. It would prohibit U.S. financial institutions from having correspondent accounts for foreign shell banks that are not affiliated with any other bank and do not have a physical presence in any country. Finally, it would require U.S. financial institutions that open a private bank account with $1 million or more for a foreign person, or a correspondent account for an offshore bank or foreign bank in a country posing high money laundering risks, to conduct enhanced due diligence reviews of those accounts to guard against money laundering.

Sec. 304. Long-arm jurisdiction over foreign money launderers. Section 304 amends the civil penalty provision of 18 U.S.C. § 1956(b). It gives district courts jurisdiction over foreign persons that violate the money laundering statute through financial transactions in the Unites States, over foreign banks that open U.S. bank accounts, and over foreign persons that seize assets ordered forfeited by a U.S. court; and also allows courts to restrain property and take any other actions necessary to ensure that a defendant in a § 1956(b) action does not dissipate the assets that would be needed to satisfy a judgment. Finally, it gives the court the authority to appoint a Federal Receiver to take custody, control and possession of all assets of the defendant to satisfy a judgment or order for victim restitution under section 1956 or 18 U.S.C. §§ 981, 982 or 1957.

Sec. 305. Laundering money through a foreign bank. Section 305 makes clear that a foreign bank is a "financial institution" for purposes of the money laundering laws. Section 5312 of title 31, United States Code, which contains the definition of "financial institution," used in the money-laundering statutes, see 18 U.S.C. §§ 1956(c)(6) & 1957(f), does not explicitly define a "financial institution" to include foreign banks. This section ends any ambiguity on this question by including foreign banks within the definition of "financial institution" in § 1956(c)(6). The definition is the same as the one in 12 U.S.C. § 3101(7) which is already employed in § 1956(c)(7)(B) for another purpose.

Sec. 306. Concentration accounts at financial institutions. Section 306 requires the Secretary of the Treasury to promulgate regulations that will ensure that concentration accounts (administrative accounts used by banks to aggregate funds from multiple customers and transactions) identify by client name all client funds moving through the account in order to prevent an anonymous movement of client funds that might facilitate money laundering. It would also bar a bank’s clients from independently directing funds through the bank’s concentration accounts.

Sec. 307. Charging money laundering as a course of conduct. Section 307 allows the government to charge a defendant with a series of money laundering offenses in a single count of an indictment, thus making it unnecessary to charge each individual transaction as a separate count, as is the case under current law. See, e.g., United States v. Kramer, 73 F.3d 1067 (11^th Cir. 1996); United States v. Martin, 933 F.2d 609 (8^th Cir. 1991). The amendment would thus allow money laundering to be charged in the same manner as other offenses, where multiple violations of a statute may be charged in a single count if they are part of a single scheme or course of conduct. See United States v. Tutino, 883 F.2d 1125, 1141 (2d Cir. 1989) (multiple narcotics sales); United States v. Margiotta, 646 F.2d 729, 733 (2d Cir. 1981) (multiple acts of mail fraud).

Sec. 308. Forfeiture of funds in United States interbank accounts. Section 308 modifies civil forfeiture rules for foreign banks’ correspondent accounts by making a depositor’s funds in a foreign bank’s U.S. correspondent account subject to the same civil forfeiture rules that apply to depositors’ funds in other U.S. bank accounts. Where a foreign bank has an "interbank" or correspondent account at a bank in the United States, the section allows the government to seek forfeiture of funds from the foreign bank’s U.S. correspondent account, rather than seeking forfeiture in the foreign bank’s home jurisdiction. It also gives the depositor of the funds, rather than the foreign bank, standing in district court to contest the forfeiture under existing civil forfeiture procedures. The section confers standing on the foreign bank to contest the forfeiture only if the forfeiture action alleges wrongdoing by the foreign bank or if, prior to the forfeiture action, the depositor ended its relationship with the foreign bank. This section also requires banks to provide information on compliance with money laundering requirements within 48 hours of a request by a federal banking agency and allows the government to issue subpoenas to foreign banks that maintain correspondent accounts in the United States. It requires U.S. banks to maintain for foreign bank clients the name and address of a U.S. resident authorized to accept service of legal process for the foreign bank. Finally, where the defendant seeks to avoid forfeiture of property by transferring it or placing it beyond the jurisdiction of the court, the section authorizes the forfeiture of substitute property and also authorizes the court to order the defendant to return the property to the jurisdiction.

Sec. 309. Inclusion of acts of terrorism as specified unlawful activity under the money laundering statutes. Section 309 adds violations of 18 U.S.C. § 2339B, which prohibits raising money in the United States and sending it to foreign terrorist organizations, to the definition of "specified unlawful activity" under the money laundering statutes. It would thus allow money laundering prosecutions of persons intent on providing material support to foreign terrorist organizations who take steps to conceal or disguise any funds raised.

Sec. 310. Effective Date. Unless otherwise provided, the amendments made by this subtitle will take effect 90 days after the enactment of this Act.

Subtitle B. International Counter-money Laundering.

Sec. 321. Findings. Legislative findings in support of this subtitle.

Sec. 322. Purposes. Legislative purpose in support of this subtitle.

Chapter 1. International Counter-Money Laundering Measures.

Sec. 331. Special measures for jurisdictions, financial institutions, or international transactions of primary money laundering concern. Section 331 gives discretionary authority to the Secretary of the Treasury to require U.S. financial institutions to take special anti-money laundering measures when the Secretary determines, under specified standards, that "reasonable grounds exist for concluding" that a foreign jurisdiction, a financial institution operating in a foreign jurisdiction, or a type of international transaction, is of "primary money laundering concern." If a jurisdiction, institution, or transaction is found to be of "primary money laundering concern," the Secretary may select, in consultation with the Federal Reserve Chairman, from a menu of five "special measures" to address the identified issue. These five special measures are: (1) requiring additional record keeping or reporting on particular or aggregate transactions; (2) requiring reasonable and practicable steps to identify the beneficial foreign owner of an account opened or maintained in a domestic financial institution; (3) requiring the identification of those using a foreign bank’s payable-through account with a domestic financial institution; (4) requiring the identification of those using a foreign bank’s correspondent account with a domestic financial institution; and (5) restricting or prohibiting the opening or maintaining of certain correspondent or payable through accounts for foreign financial institutions.

The section instructs the Secretary on how to choose and tailor the particular "special measure" and requires the Secretary to consider: whether other countries or multilateral groups are taking similar actions; whether the imposition of the measure would create a significant competitive disadvantage for U.S. firms, including any significant cost of compliance; and the extent to which the action would have an adverse systemic impact on the payment system and legitimate business.

Finally, within 10 days of invoking any of the special measures against a primary money laundering concern, the Secretary must notify the House and Senate Banking Committees of any such action taken.

Chapter 2. Currency and Transaction Reporting Amendments and Related Improvements.

Sec. 341. Amendments relating to reporting of suspicious transactions. Section 341 clarifies that the "safe harbor" from civil liability for filing a Suspicious Activity Report (SAR) applies in any litigation, including suit for breach of contract or in an arbitration proceeding, and also clarifies the prohibition on disclosing that a SAR has been filed.

Sec. 342. Penalties for violation of geographic targeting orders, etc. Section 342 makes it a civil and criminal offense on par with existing law to violate an order or regulation required by a Geographic Targeting Order (GTO); makes it a civil and criminal offense on par with existing law to structure transactions to evade GTO-specified reporting requirements triggered by specified threshold amounts; and extends the presumptive GTO period from 60 to 180 days.

Sec. 343. Authorization to include suspicions of illegal activity in employment references. Section 343 grants financial institutions civil immunity for disclosing suspicions of involvement in illegal or criminal activity in a written reference for a current or former employer.

Sec. 344. Agency reports on reconciling penalty amounts. Section 344 requires the Secretary of Treasury and the Federal banking agencies to submit individual reports to the Congress containing recommendations on possible legislation to conform penalties on depository institutions under Section 3 of the Federal Deposit Insurance Act.

Chapter 3. Anticorruption Measures.

Sec. 351. Corruption of foreign governments and ruling elites. Section 351 expresses the Sense of the Congress that the United States, in international deliberations on money laundering and corruption issues, should emphasize the problem of laundering the proceeds of corruption; encourage the adoption of laws to combat money laundering and systematic corruption; make clear the U.S. will seek to identify and repatriate the proceeds of corruption deposited in domestic financial institutions; and advocate good government and anti-corruption and money laundering policies in international financial institution deliberations.

Sec. 352. Support for the Financial Action Task Force on Money Laundering. Section 352 expresses the Sense of the Congress that the U.S. should continue to actively and publicly support the objectives of the Financial Action Task Force (FATF) on Money Laundering with regard to combating money laundering; that the FATF should identify non-cooperative jurisdictions in as expeditious a manner as possible and publicly release a list directly naming those jurisdictions; the U.S. should encourage the adoption of the necessary international action to encourage compliance by the identified non-cooperative jurisdictions; and the U.S. should take necessary countermeasures to protect the U.S. economy against money of unlawful origin and encourage other nations to do so.

TITLE IV--PROTECTING THE NORTHERN BORDER

Sec. 401. Ensuring adequate personnel on the northern border. Section 401 authorizes the Attorney General to waive any cap on the number of full time employees assigned to the INS on the northern border, in order to meet national security needs.

Sec. 402. Northern border personnel. Section 402 authorizes additional appropriations to allow for a tripling in personnel for both the Border Patrol and the US Customs Service in each State along the northern border, and an additional $50 million each to the INS and the US Customs Service to improve technology and acquire additional equipment for use at the northern border.

Sec. 403. Access by the Department of State and the INS to certain identifying information in the criminal history records of visa applicants and applicants for admission to the United States. Section 403 gives the State Department and INS access to the criminal history record information contained in the National Crime Information Center’s Interstate Identification Index, Wanted Persons File, and any other information mutually agreed upon between the Attorney General and the agency receiving access.

TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

Sec. 501. Professional Standards for Government Attorneys Act of 2001. Section 501 clarifies the attorney conduct standards governing attorneys for the Federal Government to ensure that Federal prosecutors and agents can use traditional Federal law enforcement techniques without running afoul of state bar rules. It also directs the U.S. Judicial Conference to develop national rules of professional conduct in areas where local rules may interfere with effective Federal law enforcement.

Sec. 502. Elimination of limitations period for certain terrorism offenses. Section 502 eliminates the limitations period for terrorism offenses enumerated 18 U.S.C. § 3286. It would also add 18 U.S.C. §§ 2332d (financial transactions with countries supporting international terrorism), 2339A (providing material support for terrorists), and 2339B (providing material support to foreign terrorist organizations) to the list of terrorism offenses covered by § 3286.

Sec. 503. Reimbursement of personnel performing counterterrorism duties for professional liability insurance. Section 503 requires the heads of Executive Agencies to provide reimbursement for professional liability insurance to law enforcement officers performing official counterterrorism duties and officials of the intelligence community performing official counterterrorism duties outside the United States. Reimbursement is contingent on the employee’s providing information and documentation to the head of the agency, including information and documentation concerning the provision of legal services by the Department of Justice in accordance with 28 U.S.C. § 2679 or the declination of such services.

Sec. 504. Danger pay for FBI agents on hazardous duty outside United States. Section 504 provides special "danger pay" allowances for FBI agents in hazardous duty locations outside the United States, as is provided for agents of the Drug Enforcement Administration.

Sec. 505. Foreign reimbursements to improve law enforcement or national security operations. Section 505 permits the FBI to enter into cooperative projects with foreign countries to improve law enforcement or intelligence operations

Sec. 506. Attorney General's authority to pay rewards to combat terrorism. Section 506 authorizes the Attorney General to offer rewards – payments to individuals who offer information pursuant to a public advertisement – to gather information to combat terrorism and defend the nation against terrorist acts without any dollar limitation (Current law limits rewards to $2 million). Rewards of $250,000 or more require the personal approval of the Attorney General or President and notice to Congress.

Sec. 507. DNA identification of terrorists and other violent offenders. Section 507 authorizes the collection of DNA samples from any person convicted of certain terrorism-related offenses and other crimes of violence, for inclusion in the national DNA database.

TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES

Subtitle A. Aid for Families of Public Safety Officers.

Sec. 601. Expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack. Section 601 streamlines the Public Safety Officers’ Benefits application process for family members of law enforcement officers, fire fighters, and emergency personnel who perished or suffered serious injury in connection with prevention, investigation, rescue or recovery efforts related to a terrorist attack. The Public Safety Officers’ Benefits Program provides benefits for each of the families of law enforcement officers, fire fighters, emergency response squad members, ambulance crew members who are killed or permanently and totally disabled in the line of duty ($151,635 in FY 2001). Current regulations, however, require the families of public safety officers who have fallen in the line of duty to go through a cumbersome and time-consuming application process.

Subtitle B. Benefits for Law Enforcement Officers and Federal Prosecutors.

Sec. 611. Short title. Section 611 contains the short title of this subtitle--the "Law Enforcement Officers and Federal Prosecutors Retirement Benefit Equity Act of 2001."

Sec. 612. Expansion of the definition of a law enforcement officer. Section 612 would amend 5 U.S.C. §§ 8331 and 8401 to extend enhanced law enforcement officer ("LEO") retirement benefits to include Federal prosecutors and certain additional law enforcement officers who are not presently eligible for such benefits. Law enforcement officers who would fall within the act’s coverage are (1) federal officers whose job responsibilities include the investigation and apprehension of suspected criminals and who are authorized to carry a firearm and (2) employees of the Internal Revenue Service whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns. These individuals would ordinarily be considered law enforcement officers under any common-sense definition of the term. Moreover, the GS-083 police officers, who are typically responsible for guarding federal facilities, as well as Customs and Immigration Inspectors, are sometimes in the first line of defense in the war on terrorism.

LEO status is appropriate for Federal prosecutors because they are among the most conspicuous representatives of the government in the criminal justice system and are natural targets for threats of reprisals by vengeful criminals. In addition, the federal government has a need for experienced prosecutors to bring ever more sophisticated cases under terrorism, organized crime and narcotics laws. It is therefore in the public interest to provide experienced prosecutors with an incentive to remain longer in government service.

This section also exempts Federal prosecutors from mandatory retirement provisions under the civil service retirement laws and provides that nothing in this subtitle shall cause the involuntary separation of any law enforcement officer within three years of the enactment of this subtitle.

Sec. 613. Provisions relating to incumbents. Section 613 governs the treatment of incumbent Federal prosecutors and law enforcement officers who would be eligible for LEO retirement benefits under this subtitle. It requires the Office of Personnel Management to provide notice to incumbents of their rights under this subtitle; allows incumbents to opt out of the LEO retirement program; governs the crediting prior service by incumbents; and provides for make-up contributions for prior service of incumbents to the Civil Service Retirement and Disability Fund.

Sec. 615. Department of Justice administrative actions. Section 615 allows the Attorney General to designate additional Department of Justice attorneys, in addition to assistant United States attorneys, as Federal prosecutors for purposes of this subtitle and thus be eligible for the LEO retirement benefits.

ubtitle C. Amendments to the Victims of Crime Act of 1984.

Sec. 621. Crime Victims Fund. Section 621 authorizes Office for Victims of Crime (OVC) to use up to 50 percent of the amounts remaining in the Fund in FY2002, after regular distributions, for the benefit of the victims of 9/11/01, and to replenish the antiterrorism emergency reserve with up to $50 million. It replaces the annual cap on the Fund with a self-regulating system that ensures stability in the amounts distributed while preserving the amounts remaining for use in future years. It authorizes private gift-giving to the Fund. It shifts funding for victim assistance positions in certain federal agencies. And it increases portion of the Fund available for discretionary grants and assistance to victims of federal crime.

Sec. 622. Crime victim compensation. Section 622 increases the minimum threshold for the annual grant to state compensation programs. It increases amount of grant a state compensation program may use for administrative purposes. It clarifies that a payment of compensation to a victim shall not reduce the amount of assistance available to that victim under other government programs. It relieves state compensation programs from the obligation to cover victims of terrorism occurring outside the United States.

Sec. 623. Crime victim assistance. Section 623 authorizes States to give VOCA funds to U.S. Attorney’s Offices in jurisdictions where the U.S. Attorney is the local prosecutor. It prohibits victim assistance programs from discriminating against certain victims. It increases amount of federal grant a state assistance program may use for administrative purposes. It authorizes grants to eligible victim assistance programs for program evaluation and compliance efforts. It reverses priority given to the two programs benefitting from OVC’s discretionary fund. And it allows use of funds for fellowships and clinical internships and to carry out training programs.

Sec. 624. Victims of terrorism. Section 624 gives OVC the flexibility to deliver timely and critically-needed assistance to victims of terrorism and mass violence occurring within the United States. It prevents dual payments from OVC’s program and compensation provided under the Omnibus Diplomatic Security and Antiterrorism Act.

TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION

Subtitle A. Information Sharing Among Law Enforcement Agencies.

Sec. 711. Expansion of regional information sharing system to facilitate Federal-State-local law enforcement response related to terrorist attacks. Section 711 expands the Department of Justice Regional Information Sharing Systems (RISS) Program to facilitate information sharing among Federal, State and local law enforcement agencies to investigate and prosecute terrorist conspiracies and activities and doubles its authorized funding for FY 2002 and FY 2003. Currently, 5,700 Federal, State and local law enforcement agencies participate in the RISS.

Sec. 712. Sharing of grand jury information with members of the intelligence community. Section 712 would add a provision to Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure to permit the government to obtain a court order releasing grand jury material to an official of the intelligence community (as defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. § 401(a)) upon a showing that the material is relevant to the interests of national security or foreign intelligence.

Subtitle B. Critical Infrastructure Information Security Act of 2001.

Sec. 721. Short title; findings and purpose. Section 721 contains the short title of this subtitle, "Critical Infrastructure Information Security Act of 2001," and contains legislative findings and purpose in support of this subtitle.

Sec. 722. Definitions. Section 722 defines terms used in this subtitle.

Sec. 723. Protection for cyber security information. Section 723 exempts from disclosure under the Freedom of Information Act, and from use by any Federal or State agency in a civil action, any cyber security information voluntarily provided to a Federal of State agency, except with the express consent or permission of the provider. Also exempted from use in any civil action is cyber security information provided to a private sector information sharing organization. Federal agencies receiving information from one private entity about another private entity’s cyber security must notify the latter.

Sec. 724. Cyber security working groups. Section 724 exempts from disclosure under the Freedom of Information Act, and from use by any Federal or State agency in a civil action, any cyber security information voluntarily provided to a Federal of State agency, except with the express consent or permission of the provider. Also exempted from use in any civil action is cyber security information provided to a private sector information sharing organization. Federal agencies receiving information from one private entity about another private entity’s cyber security must notify the latter.

TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM AND ENHANCING REGULATION OF BIOLOGICAL AND CHEMICAL WEAPONS

Sec. 801. Inclusion of acts of terrorism as racketeering activity. Section 801 amends the RICO statute to include certain terrorism statutes within the definition of "racketeering activity," thus allowing multiple acts of terrorism to be charged as a pattern of racketeering for RICO purposes. The section expands the ability of prosecutors to prosecute members of established, ongoing terrorist organizations that present the threat of continuity that the RICO statute was designed to permit prosecutors to combat.

Sec. 802. Terrorist attacks and other acts of violence against mass transportation systems. Section 802 creates a new statute (to be codified at 18 U.S.C. § 1993) to make punishable acts of terrorism and other violence against mass transportation vehicles, systems, facilities, employees and passengers; the reporting of false information about such activities; and attempts and conspiracies to commit such offenses. Violations are punishable by a fine and term imprisonment of 20 years; however, the mass transportation vehicle was carrying a passenger at the time of the attack, or if death resulted from the offense, the maximum term of imprisonment is increased to life.

A separate provision of the same statute creates an offense for willfully or recklessly propelling a dangerous object or biological toxin at any mass transportation vehicle. This offense is punishable by a fine and a term of imprisonment of five years; but if the offense results in death, the maximum term of imprisonment is increased to 20 years.

Sec. 803. Expansion of the biological weapons statute. Section 803 establishes penalties for failing to report, or falsely reporting, certain information relating to biological weapons. It also proscribes the unauthorized transfers of such weapons, and the possession of such weapons by restricted individuals, including non-resident aliens from countries that sponsor terrorism.

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