#1,800. Peace & International Relations: The Pacific Realm Era and World Affairs: ( One thousand Eight Hundred)

[H.E. KUM Nelson Bame IV]

 
- Time of Publication: 9:45 am. 9:45 am
Court Rules NSA Bulk Data Collection Was NeverAuthorized By CongressAs Americans wait for Congress to decide next monthwhether to renew the Patriot Act and the vast NSA metadata surveillance programit’s made possible, a panel of three appellate judges has made the decision onits own: The Patriot Act, they’ve now ruled, was never written toauthorize the sort of sweeping surveillance the NSA interpreted it to allow. The United States Court of Appeals for the Second Circuit ruled on Thursdaythat the bulk collection of Americans’ phone metadata by the NSA wasn’t in factauthorized by the 215 section of the Patriot Act, as the intelligence communityhas argued since the program was first revealed in the leaks of Edward Snowdentwo years ago. The ruling doesn’t immediately halt the domestic phone recordssurveillance program. But if it’s not overturned by a higher court it couldsignal the program’s end—and it at least forces Congress to choose whether itwishes to explicitly authorize the program when the Patriot Act comesup for renewal on June 1st.“We hold that the text of § 215 cannot bear the weight the government asksus to assign to it, and that it does not authorize the telephone metadataprogram,” the rulingreads. “We do so comfortably in the full understanding that if Congress choosesto authorize such a far-reaching and unprecedented program, it has everyopportunity to do so, and to do so unambiguously. Until such time as itdoes so, however, we decline to deviate from widely accepted interpretations ofwell‐establishedlegal standards.”The ruling comes as the latest surprise development in a lawsuit from theAmerican Civil Liberties Union against the Office of the Director of National Intelligencethat immediately followed Edward Snowden’s revelations of the NSA’s massdomestic surveillance under the 215 section’s purported authorization. Thelawsuit had been dismissed by a lower court, but the three appellate judgesoverruled decision.Since it was first revealed, the 215 metadata surveillance program has beenunder attack from privacy advocates, and even the White House has said it’sexploring alternatives to the current system of collecting every American’sphone records. In a statement responding to the ruling, a spokesperson for theNational Security Council writes that it’s already looking at a replacement forthe program. “The President has been clear that he believes we should end theSection 215 bulk telephony metadata program as it currently exists by creatingan alternative mechanism to preserve the program’s essential capabilitieswithout the government holding the bulk data,” writes the NSC’s assistant presssecretary Ned Price. “We continue to work closely with members of Congress fromboth parties to do just that.”But the new court ruling will nonetheless have real significance forCongress’s upcoming decision as to whether and how to reform the Patriot Act. Areform bill known as the USA Freedom Act, which would limit the 215 metadatacollection, has advanced in the House. But that bill has been opposed byRepublicans.Now, says CATO Institute privacy researcher Julian Sanchez, reform is almostinevitable. “This changes the calculus. You now have a federal appellate courtsaying that the statute in its current form does not authorize this program. Ifthe program needs to continue, it may not be allowed under a straightreauthorization,” Sanchez says. “If your goal is to preserve this program,reform becomes the surest way to preserve some version of it.”In addition to questioning the program’s authorization, the ACLU has alsoargued that the program violated Americans’ fourth amendment rights toprotection from warrantless search and seizure. But the judges were careful notto address that constitutional argument. Instead the court narrowed its rulingto state only that the hoovering up of every Americans’ phone metadata isbeyond the scope of what the US Congress had in mind when it passed section 215of the Patriot Act after September 11, 2001.Despite its reluctance to rule the NSA’s metadata program unconstitutional,the ruling seems to recognize the invasive potential of a system that monitorswho calls whom, rather than the content of those calls. “That telephonemetadata do not directly reveal the content of telephone calls,” it reads,“does not vitiate the privacy concerns arising out of the government’s bulkcollection of such data.”A call to a single‐purpose telephone number such as a“hotline” might reveal that an individual is: a victim of domestic violence orrape; a veteran; suffering from an addiction of one type or another;contemplating suicide; or reporting a crime. Metadata can reveal civil,political, or religious affiliations; they can also reveal an individual’ssocial status, or whether and when he or she is involved in intimaterelationships.Even so, the ruling notes that such metadata isn’t owned by the individualswhose privacy is at stake. Instead, it’s held by phone carriers, leaving itopen to what’s known as the “third-party doctrine,” the legal argument thatAmericans don’t have an expectation of privacy for records held by a thirdparty, and thus they don’t have protection under the fourth amendment. Theruling declines to contradict that argument.Instead, it attacks the notion that Congress intended to authorize such asweeping, mass collection of metadata. As the judges read the Patriot Act, theysay it’s intended for targeted investigations in a specific investigation, notdragnet surveillance with no limits in time or target.“The government effectively argues that there is only one enormous ‘anti‐terrorism’investigation, and that any records that might ever be of use in developing anyaspect of that investigation are relevant to the overall counterterrorismeffort,” the ruling reads. “The records demanded are not those of suspectsunder investigation, or of people or businesses that have contact with suchsubjects, or of people or businesses that have contact with others who are incontact with the subjects – they extend to every record that exists, and indeedto records that do not yet exist, as they impose a continuing obligation on therecipient of the subpoena to provide such records on an ongoing basis as theyare created.”The ruling notes that the Office of the Director of National Intelligence,the defendant in the case, had argued that Congress had implicitly approved themass metadata collection when they reauthorized that section of the Patriot Actin 2010 and 2011. But the judges point out that mostmembers of Congress weren’t even aware of the program, and thatshowing it had truly been authorized would require evidence of explicitdiscussion, not closed-door hints and whispers.“Such expansive development of government repositories of formerly privaterecords would be an unprecedented contraction of the privacy expectations ofall Americans,” the judges write. “Perhaps such a contraction is required bynational security needs in the face of the dangers of contemporary domestic andinternational terrorism.  But we would expect such a momentousdecision to be preceded by substantial debate, and expressed in unmistakablelanguage.”Congress will have its chance to make that decision in “unmistakablelanguage” in less than a month, when the Patriot Act comes up again forrenewal. In a statement, Senator Ron Wyden says that it should take theopportunity to end the program altogether. “This dragnet surveillance programviolates the law and tramples on Americans’ privacy rights without making ourcountry any safer. It is long past time for it to end,” writes Wyden, a memberof the Senate Intelligence Committee who has been a longtime critic of the 215program. “Now that this program is finally being examined in the sunlight, theExecutive Branch’s claims about its legality and effectiveness are crumbling.The President should end mass surveillance immediately. If not, Congress needsto finish the job and finally end this dragnet.”Ruling on NSA 215Metadata Surveillance   
NSA phone data collection 'illegal', US court rules
A US appeals court has ruled that bulkcollection of phone records by the National Security Agency is illegal.Overturning a 2013 ruling, the judges did not, however, halt the programmebut urged Congress to take action.The NSA's spying was leaked by Edward Snowden, a former NSA contractor whohas since fled to Russia.The NSA has collected data about numbers called and times, but not thecontent of conversations. It also allegedly spied on European firms.Among individuals targeted was German Chancellor Angela Merkel.
Programme expiring
The latest verdict, by The 2nd US Circuit Court of Appeals in New York, cameafter New York District Judge William Pauley had dismissed a legal challenge bythe American Civil Liberties Union (ACLU) which argued that the way the NSAtracked million of calls contravened the US constitution.The 97-pageruling says that "a provision of the USA Patriot Act permittingthe Federal Bureau of Investigation to collect business records deemed relevantto a counterterrorism investigation cannot be legitimately interpreted topermit the systematic bulk collection of domestic calling records".   Wary of bond 'cliff,' Fed plans cautious cuts toportfolioNEW YORK/SAN FRANCISCO | By Jonathan Spicerand Ann Saphir  (Reuters) - The Federal Reserve is sketchingout plans to prevent an abrupt contraction in its massive balance sheet nextyear, when some $500 billion in bonds expire and risk disrupting markets andthe U.S. economic recovery.Though it ended a stimulativeasset-purchase program last October, the Fed is still buying mortgage andTreasury bonds to replenish its $4.5-trillion portfolio as holdings mature. Thecentral bank has said it will keep reinvesting until some time after it beginsraising interest rates later this year.Asked publicly and privately aboutthe longer-term strategy, Fed policymakers say they are in no rush to shrinkthe portfolio, suggesting they will seek to avoid a "cliff" - adisruptive end to reinvestments that might come if bonds are simply allowed torun off through maturity or prepayment. Economic analysis shows thatshifting the end of reinvestments by several months in either direction wouldhave "essentially no effect on the economic outlook," San FranciscoFed President John Williams told reporters last Friday. "My view is this would happenorganically," he added. But to avoid confusing investors with too manychanges at once, he said, the Fed should give investors time to get used torate increases before allowing the balance sheet to shrink. "You wantenough separation in time just so that, once we get the (rate) normalizationprocess going ... then this would be a decision that would be ofsecond-order." Six years of crisis-era purchasesmeant to boost economic growth quintupled the size of the Fed's balance sheet.The Fed predicts it will take until 2020 to shrink the portfolio back tonormal.The central bank can always sellbonds, but it said in September it will rely primarily on run-off to reduceholdings in a "gradual and predictable manner."MANAGED DECLINESt. Louis Fed President JamesBullard told Reuters this year he wants to manage the rate of decline, astrategy that many bond investors expect. Simon Potter, the New York Fedofficial whose team manages the portfolio, said last month the central bank hadan option to reduce the level of reinvestments gradually, rather than endingthem all at once.More than $200 billion of the Fed'sTreasuries are set to expire in 2016, after very little matured this year.Among its mortgage-backed securities (MBS), which are harder to evaluate due toprepayments and amortizations, analysts estimate up to $300 billion could runoff the balance sheet next year.While some investors talk of alooming "balance sheet cliff," many Fed officials are more focused onwhen and how aggressively to raise interest rates, rather than on managing thereduction of holdings.Simply allowing assets to roll off"is likely to be satisfactory," said Charles Evans, head of theChicago Fed. "I think it's going to be at some point after we are comfortablein our liftoff strategy."Cleveland Fed President LorettaMester told reporters last week that "there's been no determination aboutwhat the appropriate timing would be."According to a March survey by theNew York Fed, primary dealers expect the portfolio to shrink about six monthsafter the Fed hikes rates, or sometime in the first quarter of 2016.But policymakers could delay thatfor fear of slowing the economy givenconsumer confidence remains fragile and some Americans still struggle to getloans. Before that, rate hikes could also be delayed if the state of theeconomy called for it. Donald Kohn, a former Fed vicepresident, predicted in a note to Potomac Research clients that the Fed wouldkeep reinvesting proceeds from maturing bonds until it hikes rates to 1 percentor more. That could be well into the second half of next year, according to theFed's March forecasts. Once the balance sheet starts toshrink, some analysts are predicting the Fed would keep reinvesting proceedsfrom half or even two-thirds of the roughly $40 billion in bonds expected tonaturally run off each month, depending on the state of the economy."This means that the Fed willbe a large and active participant in the bond market for the next fewyears," said Roberto Perli, a former Fed official who is now partner atresearch firm Cornerstone Macro.Reliable demand from the centralbank has helped bond markets stay near record highs, making it cheap forAmericans to take on mortgages and other loans. A 30-year fixed-rate mortgageremains low at 3.9 percent, according to Bankrate.The Fed is by far the top holder ofagency mortgage bonds, with about a third of the market at $1.7 trillion, saidAndrew Szczurowski, vice president and fund manager at Eaton Vance."The Fed has handcuffed itselfand must be very careful when trying to exit the market," he said,"because the last thing it wants is for spreads to blow out on MBS andmortgage rates to rise substantially."(Reportingby Jonathan Spicer and Ann Saphir; Editing by Tomasz Janowski)    15 years in power: RT traces Vladimir Putin'spresidential pathPublished time: May 07, 2015 09:30
Edited time: May 07, 2015 13:12 Get short URL Today marks 15 years since Russian President Vladimir Putin’s firstinauguration. RT looks back at his years as president and all the importantbenchmarks on the way.After former Russian leader Boris Yeltsin resigned back on December 31,1999, his Prime Minister Vladimir Putin took over the reins, inheriting acountry in a dire economic situation and struggling with lawlessness. Thus, the largely-unknown Putin was faced with challenges. The Western pressinstantly took a liking to him, some saying he “combined liberal-mindednessand toughness that seem to appeal to Russian people.” First, Putin dealt with the crisisin the Russian Republic of Chechnya, which at the time was a terrorist hotspot.He pronounced what would become one of the catchphrases that illustrate hispowerful political hand: “We will hunt down the terrorists everywhere, inairports, and if we capture them in toilets, we’ll waste them in the outhouse.”Thus, following a string of terrorattacks across Russia, Putin started the Second Chechen campaign and brutalfighting ensued. The ‘iron fist’ didn’t win Putin many admirers in the foreignmedia, but earned him a great deal of respect and support at home. READ MORE: Russia 10 years after Yeltsin: results Next he turned his attention to theoligarchs, hugely powerful in Russia at the end of the 1990s, and one by one,several of the tycoons toppled. However, the road to coping with their immenseinfluence was bumpy. “Some of them came into my office,and they said to me, ‘Do you realize you’ll never be president?’” Putin recalled in his latest interview with the Russian TVpresenter Vladimir Soloviev. Read more'Putin’s Syria role deserving of Nobel Peace Prize'Once Putin had dealt with the issuesat home, it was time to work on Russia’s foreign ties. “I looked the man in the eye, Ifound him to be very straightforward and trustworthy. We had a very gooddialogue. I was able to get a sense of his soul,” US president George W. Bushsaid at the 2001 Slovenia summit. However, Putin’s first term wasn’tgetting any easier: the tragedy with the ‘Kursk’ submarine in August 2000caused anger and frustration at home, and humiliation abroad, when all 118sailors and officers on board perished. Despite this, in 2000-2004, Russiawitnessed a dramatic rise in GDP, and the economy forged ahead with theoligarchs onside. This sealed Putin’s path to a second presidential term, whichstarted with one of the greatest tragedies modern Russia had to go through: theBeslan school siege. Over 1,000 people were held hostage in North Ossetia onthe first day of the school year – 800 of them children. Almost 200 kids diedin the three-day siege. READ MORE: 3 days in hell: Russia mourns Beslan school siegevictims 10 years on Security forces and the presidenthimself were often blamed for the tragic events, and state control tightened tocope with Islamist extremists. This, in turn, triggered claims in the Westernmedia that Putin was “getting control of both houses of the parliament, of thepolitical parties” and also “suppressing civil society groups that don’t toehis line.” This, however, didn’t seem to lowerPutin’s popularity among his public, whom he never ceased to surprise: fromsinging and piano playing to judo and racecar driving, the cameras captured itall. Precluded in 2008 by the constitution from running for a third consecutiveterm, Putin became the Russian Prime Minister, alongside new leader DmitryMedvedev. That year, the global financial crisis rocked the Russian economy. “A year ago, on this very stage, our American friends told us about thefundamental of the US dollar,” Putin noted during the World Economic Forumthat year. Russia slowly, but steadily, recovered from the crisis, and the middle classstarted growing the country, leading to another phenomenon known as‘anti-Putinism’. Claims of fraud during the 2011 parliamentary elections saw thousands taketo the streets all over Russia. This made Putin’s 2012 victory in thepresidential elections even more important for the majority of the public whosupported him. “I promised you we would win. We have won!” he declared to thecheering crowd after the results were announced. By 2013, the Russian economy had grown tenfold under Putin, while thenational debt was at one of the lowest levels in the developed world. Pensions and salaries had also dramatically increased. Of course, there was no better way to celebrate the dramatic changes than byhosting the Winter Olympics. Despite all allegations of corruption andterrorist threats on the ground, the Games went on without a hitch, with Russiaat the very top of the medal table. The victorious mood didn’t lastlong, though: a violent coup in neighboring Ukraine placed Russia in a toughposition regarding Crimea, where ethnic Russians constitute 65 percent of thepopulation. The Crimean Peninsula is also hometo the Russian Black Sea Fleet and thousands of military men. “We had to take measures to preventthe situation from developing in the way it has [subsequently] done in easternUkraine: with tanks and well-armed radical nationalists. Our servicemen actedreasonably, decisively and professionally,”Putin later explained. Read morePutin’s 15 years in politics:'President' doc to feature never-seen-before footageIn the weeks following the coup, areferendum was rapidly organized, with 96 percent of voters saying an eager‘yes’ to joining the Russian Federation. “It was about millions of Russians,millions of our compatriots, who needed our help and support,” Putin said. The move triggered Russia’ssuspension from the G8 and severe sanctions from the West. After 15 years in power, VladimirPutin has made one thing crystal clear: he is not one to shy away from achallenge. Maybeour bear needs to sit quietly, eat his berries and honey, maybe then he willjust be left alone. But no – they’ll always be trying to put him on a chain,and as soon as they do that, they’ll pull out his teeth and claws,”the president said during one of the recent Q&A sessions he regularlyholds, both with the press and with the members of the community.             Pentagon employees used govt creditcards for ‘gambling, escorts,’ audit revealsPublished time: May 07, 2015 14:45 Get short URLLaw, Military, Scandal, USA A new audit by the US Department ofDefense has reportedly revealed that Pentagon employees have been using theirgovernment credit cards to gamble and pay for other adult activities, includingescort services.The 'Government Travel ChargeTransactions' audit, conducted by the Office of the Inspector General, foundthat civilian and military employees have been using their cards at casinos andfor escorts in Las Vegas and Atlantic City, Politico reported, citing aPentagon official. The official said that taxpayers didnot necessarily pay the charges, as the cardholders pay their own bills andthen submit receipts to be reimbursed for business expenses. Read morePentagon employee tried to access porn sites at work morethan 12k times last yearHe speculated that the employees mayhave used the cards to shield their activities from their spouses. A Pentagon spokeswoman confirmed theexistence of the audit to Politico, but said she was not authorized to speakuntil its release later this month. An official also confirmed theaccuracy of the website's report to Fox News, but said he did not know how manypeople were involved. He also declined to elaborate on what the “other adultactivities” entailed. The spending comes despite theGovernment Charge Card Abuse Prevention Act, a 2012 law proposed by SenatorChuck Grassley (R-Iowa) that requires federal agencies to increase oversight ofpurchases on government-issued credit cards. Grassley said he believes his law isone of the reasons the audit was carried out. “I’m interested to see the reportand find out more about what’s being done, right and wrong, at DoD to preventabuse,” he said. “What I hope is that myreforms that became law have been implemented well and that agencies andauditors are using the reforms to catch problems.” According to some estimates,prohibited purchases on government credit cards cost taxpayers hundreds ofmillions of dollars a year. READ MORE: DEA chief grilled over agents’ sex parties datingback to 2001 In 2008, a report by the GovernmentAccountability Office cited cases “where cardholders used purchase cards tosubscribe to Internet dating services, buy video iPods for personal use and payfor lavish dinners that included top-shelf liquor.” Federal auditors stated last yearthat the problem continues to exist, despite efforts to curb it. The Department of Labor's InspectorGeneral recently found that Job Corps employees had charged nearly $100,000 to thegovernment for clothing, haircuts, and personal cell phone service. Meanwhile,the Department of Homeland Security found that Coast Guard employees hadcharged more than $12,000 at a single California coffee shop. Lastyear, three Bureau of Land Management employees were fired and two resignedafter charging $800,000 worth of gift cards on their government credit cards.    UK General Election 2015 LIVE UPDATESPublished time: May 07, 2015 07:42
Edited time: May 07, 2015 10:31   The UK is choosing its new 56th parliament in the 2015 General Election.There are 650 constituencies across the country. Among the front-runners arethe Conservatives, Labour and UKIP.
Thursday, May 7
15:40 GMT:This excellent infographic site powered bythe University of Sussex shows how many people have posted about their vote onsocial media. The site shows that more males than females are tweeting abouttheir votes and that the majority of posts are centered in London. 15:36 GMT:Katie Hopkins makes one last forayinto the election fray, and confirms she will stick to her guns and willgenuinely leave the UK if Miliband wins the election. She writes in the Sun: "So I have no problem at allstanding by my guns. Ed will not get the most votes this evening and bytomorrow we will find out Cameron is the true winner of this election campaign. I know this is brave. Every othercommentator out there – political or otherwise – refuses to have an opinion.They say it is too close to call. This is code speak for cowardice. Frankly, if they are only able to callit when the result is blindingly obvious they aren’t much in the way ofpolitical commentators are they?I am saying Dave will win, and withthe help of the Lib Dems, a seat or two from Farage and the odd straggling MPhere or there – he will break through the threshold needed to keep his kit atNumber 10. And if I am wrong, then so be it. Istand by my promise and I will leave the UK." So there we have it. Conclusiveproof. Get voting. 15:21 GMT:In the run up to polling day, RTasked voters in South Thanet what they thought of Nigel Farage as part of our#PeopleNotPolls coverage. 15:10 GMT:Piers Morgan, the journalist andtelevision personality, has revealed his slightly off-beat choice of electioncandidate. “None of these men seem to have aScooby Doo what real Britain is like any more. They talk in exactly the samecliché-d platitude-ridden way that party leaders talked 30 years ago,” he wrote for the Mail Online “I cringe when I watch Milibandstruggle to ‘be normal’ and eat a simple hamburger. Or erect some ridiculousMoses-style tablet with his vacuous, meaningless pledges. Or try and pretendthat politically stabbing his brother in the front, back and scalp wasn’t thesingle greatest act of treachery Westminster has ever seen. “I groan at the sight of Cameron pullingup his sleeves and start shouting to try and prove he has passion when it’sclear he has about as much genuine passion in him as a neutered Aardvaak. “Clegg? I just look at him and feela sense of utter derision.” “UKIP has been exposed for what itis, a nasty little Party for deluded Little Englanders. “Its beer-swilling leader, NigelFarage, will probably lose his own seat – a just reward for a disastrouscampaign" He adds that of his limited optionshe has decided to vote for the Animal Welfare Party, who are only fielding fourcandidates, because it would make his Grandmother happy. "The final option is the AnimalWelfare Party, which campaigns for animal rights, environment and health. It is only fielding four candidatesin this election, all of them in London. In Kensington, it is a man calledProfessor Andrew Knight – one of the country’s most eminent vets who hasdedicated 20 years of his life to improving the often gruesome lot of animalsin our supposed ‘Nation of Animal Lovers’.After much deliberation, I’vedecided to vote for him and his party"15:09 GMT:Boris Johnson, the Mayor of Londonhas cast his vote at Hanover Primary School, in his constituency of IslingtonSouth. 14:43 GMT:During what has been the mostunpredictable general election in decades, there has been a call for anoverhaul of the current political system. RT looks at the pros, cons andalternative systems the UK could adopt. "As frustrated voters head topolling stations across Britain, a growing chorus of critics forecast littlechange in the next parliament. They are calling for an end to unrepresentative“Victorian politics” and for far-reaching electoral reform. The Electoral Reform Commission,which has long campaigned for a more just and representative strain ofdemocracy in Britain, predicts the 2015 general election will unleash its own“distinctive tale.” Yet by all accounts, it is likely tobe a tale of the absurd. Britain’s first-past-the-postelectoral system is awkward, convoluted and barely fit for purpose, accordingto academics and campaigners across the UK. This arcane beast fails torepresent broad swathes of Britain’s electorate, yet maintains a status quothat is no longer in the interest of many ordinary Britons, they argue." Read the full article here. 14:41 GMT:Political blogger Guido Fawkes has reported that the Conservatives are having problems with their votersoftware which is failing to generate knock up slips of people who areregistered but have yet to vote. "This is a message from CCHQthat I’ve been asked to send out to London officers: ‘Vote Source’ isn’tgenerating knock up slips in committee rooms. Can you urgently ring each userand ask them to stop generating more as it is making the queue even longer! Youcan generate them from the control room. Vs team working on issue will be fixedsoon" they quote a source as saying. 14:33 GMT:One Kent local has notified us thatUKIP's buses have been defaced vandals with a sense of humour... 15:10 GMT:Piers Morgan, the journalist andtelevision personality, has revealed his slightly off-beat choice of electioncandidate. “None of these men seem to have aScooby Doo what real Britain is like any more. They talk in exactly the samecliché-d platitude-ridden way that party leaders talked 30 years ago,” he wrote for the Mail Online “I cringe when I watch Milibandstruggle to ‘be normal’ and eat a simple hamburger. Or erect some ridiculousMoses-style tablet with his vacuous, meaningless pledges. Or try and pretendthat politically stabbing his brother in the front, back and scalp wasn’t thesingle greatest act of treachery Westminster has ever seen. “I groan at the sight of Cameronpulling up his sleeves and start shouting to try and prove he has passion whenit’s clear he has about as much genuine passion in him as a neutered Aardvaak. “Clegg? I just look at him and feela sense of utter derision.” “UKIP has been exposed for what itis, a nasty little Party for deluded Little Englanders. “Its beer-swilling leader, NigelFarage, will probably lose his own seat – a just reward for a disastrouscampaign" He adds that of his limited optionshe has decided to vote for the Animal Welfare Party, who are only fielding fourcandidates, because it would make his Grandmother happy. "The final option is the AnimalWelfare Party, which campaigns for animal rights, environment and health. It is only fielding four candidatesin this election, all of them in London. In Kensington, it is a man calledProfessor Andrew Knight – one of the country’s most eminent vets who hasdedicated 20 years of his life to improving the often gruesome lot of animalsin our supposed ‘Nation of Animal Lovers’.After much deliberation, I’vedecided to vote for him and his party"15:09 GMT:Boris Johnson, the Mayor of Londonhas cast his vote at Hanover Primary School, in his constituency of IslingtonSouth. 14:43 GMT:During what has been the mostunpredictable general election in decades, there has been a call for anoverhaul of the current political system. RT looks at the pros, cons andalternative systems the UK could adopt. "As frustrated voters head topolling stations across Britain, a growing chorus of critics forecast littlechange in the next parliament. They are calling for an end to unrepresentative“Victorian politics” and for far-reaching electoral reform. The Electoral Reform Commission,which has long campaigned for a more just and representative strain ofdemocracy in Britain, predicts the 2015 general election will unleash its own“distinctive tale.” Yet by all accounts, it is likely tobe a tale of the absurd. Britain’s first-past-the-postelectoral system is awkward, convoluted and barely fit for purpose, accordingto academics and campaigners across the UK. This arcane beast fails torepresent broad swathes of Britain’s electorate, yet maintains a status quothat is no longer in the interest of many ordinary Britons, they argue." Read the full article here. 14:41 GMT:Political blogger Guido Fawkes has reported that the Conservatives are having problems with their votersoftware which is failing to generate knock up slips of people who areregistered but have yet to vote. "This is a message from CCHQthat I’ve been asked to send out to London officers: ‘Vote Source’ isn’tgenerating knock up slips in committee rooms. Can you urgently ring each userand ask them to stop generating more as it is making the queue even longer! Youcan generate them from the control room. Vs team working on issue will be fixedsoon" they quote a source as saying. 14:33 GMT:OneKent local has notified us that UKIP's buses have been defaced vandals with asense of humour...   Gorbachev accuses western leaders of disrespect towardvictors over NazismPublished time: May 07, 2015 10:20 Get short URL  Mikhail Gorbachev has said thatwestern government officials who refused to attend the Victory Day celebrationsin Moscow were showing disrespect to nations that had defeated Nazism and toall the people who perished in this fight.Ignoring the opportunity todemonstrate one’s attitude towards the war against Nazism is also disrespectfulto the boundless courage shown by all people who fought against the “brownplague,” the former Soviet president said in an interview with Interfax. “I am convinced that withoutRussia it would be impossible to achieve victory,” Gorbachev said. He addedthat if it was not for the Soviet Army, Nazism could have spread tounimaginable boundaries, and maybe even have kept spreading to this day. “Some politicians might fail tounderstand this, but people of the world do understand,” he said. Gorbachev said that he saw adifference between the American people and American officials, and explainedthe refusal of US President Barack Obama to attend the 70th anniversarycelebrations of Victory Day in Moscow by the fact that the Washingtonadministration was trying to solve some urgent ideological and political tasks.However, he also described this decision as “lacking even a drop of commonsense.” Gorbachev also blamed the USadministration for applying pressure on German Chancellor Angela Merkel, who alsohas refused to come to Moscow for Victory Day. He praised Merkel’s consistentanti-fascist stance and recalled that she will be visiting Moscow on May 10 asa representative of the “new Germany, freed from Nazism by the Soviet Armyand by those Germans who were fighting against the brown plague.” Read moreWest rewrites history to alienate Russia – Kremlinadministration headLeaders of 27 nations have confirmedtheir participation in the forthcoming Victory Day events. Some politicians,such as Belarusian President Aleksandr Lukashenko, have turned downinvitations, but emphasized it was not an unfriendly move, as they had to takepart in similar celebrations in their home countries. Obama will not arrive in Moscow forthe celebrations and State Department spokesman Jeff Rathke has explained thisdecision by the fact that the military units that will be marching on RedSquare on the parade have been stationed in Crimea. This comment has already drawncriticism from the head of the State Duma Foreign Relations Committee, AlekseyPushkov. “The United States’ positionregarding the 70th anniversary of the victory is deeply immoral. We sacrificed27 million lives in the struggle against Hitler. No Obama is capable ofdeleting this fact,” the Russian politician wrote in his Twitter microblog. Western anti-Russia sanctions could cost Japanesebusiness $10bnPublished time: May 06, 2015 13:23 Get short URL The cost to Japanese business ofsanctions imposed against Russia by Western countries could be $10 billionaccording to the Russian Trade Mission in Japan. Trade between Moscow and Tokyowas almost $30.4 billion in 2014.“In the medium term we can talkabout up to $10 billion. This is a very substantial damage," Sergey Egorov, the Trade Representative of the RussianFederation in Japan told RIA Novosti on Wednesday. Read moreObama rolls out new sanctions on Russia, Moscow says itwon't hurtJapan imported $22.2 billion worthof good from Russia last year while exports to Russia were $8.2 billion. In2013 Russian-Japanese trade amounted to $34.8 billion. "Basically, the decline was dueto the depreciation of the ruble. This caused a damage of several billiondollars for the Japanese economy. Secondly, the reduction of Japanese exportsto Russia happened because of tighter restrictions in state regulation of tradein high-tech production,” Egorovadded. Imports of Japanese cars andindustrial machinery were significantly reduced. Japanese banks have problemswith providing export credit for equipment sold to Russia, according to thetrade representative. The cost of such equipment is significant, usually rangesfrom $100 million to $1 billon. Russia has been facing severalrounds of Western sanctions since March 2014 over its stance on Ukraine. LastApril, Japan followed US sanctions with 23 visa bans on Russian citizens,including government officials. Laterin August, Moscow banned the import of agricultural production, foods and rawmaterials from sanctioning countries for one year.    FINALLY THE GREATER DESTROYER (NOT A CONSTRUCTOR)  IS HERE:http://www.cnet.com/pictures/zumwalt-the-navys-massive-high-tech-destroyer-is-here-pictures/3/?ftag=ACQ0249d8e&vndid=rt-rtcom Peace Education
Earthquakes, Suffering and God
Written by Ek Nath Dhakal, chair,UPF-Nepal Sunday, May 3, 2015
Earthquakes,Suffering and God
Written by Ek Nath Dhakal, chair,UPF-Nepal Sunday, May 3, 2015
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Kathmandu, Nepal —After the earthquake of April 25, 2015,many people asked, “Where was God? So many people died and suffered; why didn’tGod stop the earthquake?” This is a historical paradox for religious people: IfGod is all-good, all-powerful and all-knowing, why do suffering and evil exist?I do not believe in a magical, supernatural God. I see God within law andorder, within principles and natural law. After all, God created this world andthe laws that govern it. But also God is like a parent. So, because earthquakesare part of the natural order, God cannot stop them altogether. However, He caninfluence the timing so as to minimize the suffering. And in the case of Nepal,He did.What if the earthquake had happened at night? Surely thousands or even tensof thousands more would have been killed and injured. What if the earthquakehad taken place during the week, when people were in their offices and shops,and children in school? Very likely the number of fatalities would have beenmuch higher. And what if the earthquake had happened during the winter? Withthe epicenter in northern Nepal, in my hometown of Gorkha, the homelesssurvivors would have had to face harsh, freezing weather. This would have addedto their suffering and reduced their chances of survival. And what if ourairport runway had been damaged? We saw what happened a few weeks ago when aTurkish airplane skidded off the tarmac and blocked the only runway at our onlyinternational airport for four days.Thank God, the airport was not damaged. We also can be grateful that theearthquake took place on a Saturday, in the middle of the day and during thespring season.There is another reason to be grateful. The Universal Peace Federation hadplanned and prepared for two Interfaith Marriage Blessing programs on the dayof the earthquake. One was in Balambu village, Kathmandu District, for morethan 700 couples and the other was in Morang District for 1,200 couples.UPF-Asia Regional Chair Dr. Chung Sik Yong was visiting Nepal specifically toattend the program in Kathmandu.Dr. Yong was about to go onto the dais, when the 7.8-magnitude earthquakestruck. He said later, “At first, it sounded like I was at a train station anda train was approaching.”As the earth in front of him began to shake violently, he quickly realizedthis was an earthquake. The building right in front of him collapsed. A minutelater he surveyed the village from his vantage-point and saw clouds of dustacross the skyline having arisen from hundreds of collapsed buildings andhomes.Although the program was canceled, the participants were so grateful. Ifthey had not been at the Marriage Blessing, most likely they would have been athome and might well have been killed. Another blessing was that the venue forthe event, a tent, was immediately turned into a refugee camp and remains sountil today.Immediately Dr. Yong reported about the earthquake to UPF Co-Founder Dr. HakJa Han Moon in Korea. Upon hearing about the devastation, Dr. Moon announcedthat a $1 million donation would be sent to Nepal. This decision was made onApril 26, one day after the quake. Some nations have given this amount, but UPFis an NGO and so this donation truly expresses Dr. Moon’s heartfelt concern forNepal.  Since the earthquake, UPF, along with its sister organization Women’sFederation for World Peace (WFWP), has distributed relief aid in severallocations in Nepal. I traveled to Gorkha on May 1 to deliver tents and 30-kg.bags of rice to those most affected. The same day WFWP distributed bags of ricein the village of Gagalphedi and small amounts of cash in the village ofSundarijal on the outskirts of Kathmandu. The following day UPF held acandlelight memorial at the Mandala Park in Maitighar.Although the earthquake brought untold death and destruction, it could havebeen far worse. The timing of the quake, I believe, was in the hands of God.Ek Nath Dhakal,
Chair, UPF-Nepal
Member of the Constituent Assembly
Former minister of Cooperatives and Poverty Alleviation    USA PATRIOT ActThe following is the plain textversion of the USA PATRIOT Act. It can be obtained from the US GovernementPrinting Office website in text and pdf. The pdf (400k) may also be downloaded from the EFF web server. [DOCID:f:publ056.107] [[Page271]]     UNITING AND STRENGTHENING AMERICA BYPROVIDING APPROPRIATE TOOLS  REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM(USA PATRIOT ACT) ACT OF                                   2001 [[Page115 STAT. 272]] PublicLaw 107-56107thCongress                                  An Act    To deter and punish terrorist acts in theUnited States and around the   world, to enhance law enforcementinvestigatory tools, and for other             purposes. <<NOTE: Oct. 26,2001 -  [H.R. 3162]>>      Be it enacted by the Senate and House ofRepresentatives of the UnitedStates of America <<NOTE: Uniting and Strengthening America by ProvidingAppropriate Tools Required to Intercept and Obstruct Terrorism (USAPATRIOT ACT) Act of 2001.>> in Congress assembled, SECTION1. SHORT TITLE AND TABLE OF CONTENTS.     (a) Short <<NOTE: 18 USC 1note.>> Title.--This Act may be cited as the``Uniting and Strengthening America by Providing Appropriate Tools Requiredto Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001''.     (b) Table of Contents.--The table ofcontents for this Act is as follows: Sec.1. Short title and table of contents.Sec.2. Construction; severability.          TITLE I--ENHANCING DOMESTIC SECURITYAGAINST TERRORISM Sec.101. Counterterrorism fund.Sec.102. Sense of Congress condemning discrimination against Arab and            Muslim Americans.Sec.103. Increased funding for the technical support center at the            Federal Bureau of Investigation.Sec.104. Requests for military assistance to enforce prohibition in            certain emergencies.Sec.105. Expansion of National Electronic Crime Task Force Initiative.Sec.106. Presidential authority.                TITLE II--ENHANCED SURVEILLANCEPROCEDURES Sec.201. Authority to intercept wire, oral, and electronic            communications relating toterrorism.Sec.202. Authority to intercept wire, oral, and electronic            communications relating to computerfraud and abuse offenses.Sec.203. Authority to share criminal investigative information.Sec.204. Clarification of intelligence exceptions from limitations on            interception and disclosure of wire,oral, and electronic            communications.Sec.205. Employment of translators by the Federal Bureau of            Investigation.Sec.206. Roving surveillance authority under the Foreign Intelligence            Surveillance Act of 1978.Sec.207. Duration of FISA surveillance of non-United States persons 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 electronic communications.Sec.211. Clarification of scope.Sec.212. Emergency disclosure of electronic communications to protect            life and limb.Sec.213. Authority for delaying notice of the execution of a warrant.Sec.214. Pen register and trap and trace authority under FISA.Sec.215. Access to records and other items under the Foreign            Intelligence Surveillance Act.Sec.216. Modification of authorities relating to use of pen registers            and trap and trace devices. [[Page115 STAT. 273]] 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 electronic evidence.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 LAUNDERINGABATEMENT AND ANTI-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 MoneyLaundering and Related Measures Sec.311. Special measures for jurisdictions, financial institutions, or            international transactions ofprimary money laundering            concern.Sec.312. Special due diligence for correspondent accounts and private            banking accounts.Sec.313. Prohibition on United States correspondent accounts with            foreign shell banks.Sec.314. Cooperative efforts to deter money laundering.Sec.315. Inclusion of foreign corruption offenses as money laundering            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 interbank accounts.Sec.320. Proceeds of foreign crimes.Sec.321. Financial institutions specified in subchapter II of chapter            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 of originators of            wire transfers.Sec.329. Criminal penalties.Sec.330. International cooperation in investigations of money            laundering, financial crimes, andthe finances of terrorist            groups.     Subtitle B--Bank Secrecy Act Amendments andRelated Improvements Sec.351. Amendments relating to reporting of suspicious activities.Sec.352. Anti-money laundering programs.Sec.353. Penalties for violations of geographic targeting orders and            certain recordkeeping requirements, andlengthening effective            period of geographic targetingorders.Sec.354. Anti-money laundering strategy.Sec.355. Authorization to include suspicions of illegal activity in            written employment references.Sec.356. Reporting of suspicious activities by securities brokers and            dealers; investment company study.Sec.357. Special report on administration of bank secrecy provisions.Sec.358. Bank secrecy provisions and activities of United States            intelligence agencies to fightinternational terrorism.Sec.359. Reporting of suspicious activities by underground banking            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 money laundering.Sec.364. Uniform protection authority for Federal Reserve facilities.Sec.365. Reports relating to coins and currency received in            nonfinancial trade or business.Sec.366. Efficient use of currency transaction report system.                Subtitle C--Currency Crimes andProtection Sec.371. Bulk cash smuggling into or out of the United States.Sec.372. Forfeiture in currency reporting cases. [[Page115 STAT. 274]] 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 THEBORDER                Subtitle A--Protecting theNorthern 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 to certain            identifying information in thecriminal 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 fingerprint identification            system for ports of entry andoverseas consular posts.                Subtitle B--Enhanced ImmigrationProvisions Sec.411. Definitions relating to terrorism.Sec.412. Mandatory detention of suspected terrorists; habeas corpus;            judicial review.Sec.413. Multilateral cooperation against terrorists.Sec.414. Visa integrity and security.Sec.415. Participation of Office of Homeland Security on Entry-Exit            Task Force.Sec.416. Foreign student monitoring program.Sec.417. Machine readable passports.Sec.418. Prevention of consulate shopping.     Subtitle C--Preservation of ImmigrationBenefits for Victims of                                 Terrorism Sec.421. Special immigrant status.Sec.422. Extension of filing or reentry deadlines.Sec.423. Humanitarian relief for certain surviving spouses and            children.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 of terrorists.Sec.428. Definitions.          TITLE V--REMOVING OBSTACLES TOINVESTIGATING TERRORISM Sec.501. Attorney General's authority to pay rewards to combat            terrorism.Sec.502. Secretary of State's authority to pay rewards.Sec.503. DNA identification of terrorists and other violent offenders.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 SAFETY OFFICERS,                            AND THEIR FAMILIES           Subtitle A--Aid to Families of PublicSafety Officers Sec.611. Expedited payment for public safety officers involved in the            prevention, investigation, rescue,or recovery efforts            related to a terrorist attack.Sec.612. Technical correction with respect to expedited payments for            heroic public safety officers.Sec.613. Public safety officers benefit program payment increase.Sec.614. Office of Justice programs.        Subtitle B--Amendments to the Victims ofCrime 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 FORCRITICAL INFRASTRUCTURE                                PROTECTION Sec.701. Expansion of regional information sharing system to facilitate            Federal-State-local law enforcementresponse related to            terrorist attacks. [[Page115 STAT. 275]]       TITLE VIII--STRENGTHENING THE CRIMINALLAWS AGAINST TERRORISM Sec.801. Terrorist attacks and other acts of violence against mass            transportation systems.Sec.802. Definition of domestic terrorism.Sec.803. Prohibition against harboring terrorists.Sec.804. Jurisdiction over crimes committed at U.S. facilities abroad.Sec.805. Material support for terrorism.Sec.806. Assets of terrorist organizations.Sec.807. Technical clarification relating to provision of material            support to terrorism.Sec.808. Definition of Federal crime of terrorism.Sec.809. No statute of limitation for certain terrorism offenses.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 racketeering activity.Sec.814. Deterrence and prevention of cyberterrorism.Sec.815. Additional defense to civil actions relating to preserving            records in response to Governmentrequests.Sec.816. Development and support of cybersecurity forensic            capabilities.Sec.817. Expansion of the biological weapons statute.                      TITLE IX--IMPROVEDINTELLIGENCE Sec.901. Responsibilities of Director of Central Intelligence regarding            foreign intelligence collected underForeign Intelligence            Surveillance Act of 1978.Sec.902. Inclusion of international terrorist activities within scope            of foreign intelligence underNational Security Act of 1947.Sec.903. Sense of Congress on the establishment and maintenance of            intelligence relationships toacquire information on            terrorists and terroristorganizations.Sec.904. Temporary authority to defer submittal to Congress of reports            on intelligence andintelligence-related matters.Sec.905. Disclosure to Director of Central Intelligence of foreign            intelligence-related informationwith respect to criminal            investigations.Sec.906. Foreign terrorist asset tracking center.Sec.907. National Virtual Translation Center.Sec.908. Training of government officials regarding identification 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 in south and            central asia.Sec.1008. Feasibility study on use of biometric identifier scanning            system with access to the fbiintegrated automated            fingerprint identification system atoverseas consular posts            and points of entry to the UnitedStates.Sec.1009. Study of access.Sec.1010. Temporary authority to contract with local and State            governments for performance ofsecurity 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 the provision            of funding for bioterrorismpreparedness and response.Sec.1014. Grant program for State and local domestic preparedness            support.Sec.1015. Expansion and reauthorization of the crime identification            technology act for antiterrorismgrants to States and            localities.Sec.1016. Critical infrastructures protection. SEC.2. <<NOTE: 18 USC 1 note.>> CONSTRUCTION; SEVERABILITY.     Any provision of this Act held to beinvalid or unenforceable by its terms,or as applied to any person or circumstance, shall be construed soas to give it the maximum effect permitted by law, unless such holdingshall be one of utter invalidity or unenforceability, in which eventsuch provision shall be deemed [[Page115 STAT. 276]] severablefrom this Act and shall not affect the remainder thereof or theapplication of such provision to other persons not similarly situatedor to other, dissimilar circumstances.          TITLE I--ENHANCING DOMESTIC SECURITYAGAINST TERRORISM SEC.101. <<NOTE: 28 USC 524 note.>> COUNTERTERRORISM FUND.     (a) Establishment; Availability.--There ishereby established in the Treasuryof the United States a separate fund to be known as the ``CounterterrorismFund'', amounts in which shall remain available withoutfiscal year limitation--            (1) to reimburse any Department ofJustice component for any         costs incurred in connection with--                    (A) reestablishing theoperational capability of an                 office or facility that hasbeen damaged or destroyed as                 the result of any domestic orinternational terrorism                 incident;                    (B) providing support tocounter, investigate, or                 prosecute domestic orinternational terrorism,                 including, without limitation,paying rewards in                 connection with theseactivities; and                    (C) conducting terrorismthreat assessments of                 Federal agencies and theirfacilities; and            (2) to reimburse any department oragency of the Federal         Government for any costs incurred inconnection with detaining         in foreign countries individualsaccused of acts of terrorism         that violate the laws of the UnitedStates.     (b) No Effect on PriorAppropriations.--Subsection (a) shall not be construedto affect the amount or availability of any appropriation to theCounterterrorism Fund made before the date of the enactment of this Act. SEC.102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST ARAB AND             MUSLIM AMERICANS.     (a) Findings.--Congress makes the followingfindings:            (1) Arab Americans, MuslimAmericans, and Americans from         South Asia play a vital role in ourNation and are entitled to         nothing less than the full rights ofevery American.            (2) The acts of violence that havebeen taken against Arab         and Muslim Americans since theSeptember 11, 2001, attacks         against the United States should be andare condemned by all         Americans who value freedom.            (3) The concept of individualresponsibility for wrongdoing         is sacrosanct in American society, andapplies equally to all         religious, racial, and ethnic groups.            (4) When American citizens commitacts of violence against         those who are, or are perceived to be,of Arab or Muslim         descent, they should be punished to thefull extent of the law.            (5) Muslim Americans have become sofearful of harassment         that many Muslim women are changing theway they dress to avoid         becoming targets.            (6) Many Arab Americans and MuslimAmericans have acted         heroically during the attacks on theUnited States, including         Mohammed Salman Hamdani, a 23-year-oldNew Yorker of Pakistani         descent, who is believed to have gone [[Page115 STAT. 277]]         to the World Trade Center to offerrescue assistance and is now         missing.     (b) Sense of Congress.--It is the sense ofCongress that--            (1) the civil rights and civilliberties of all Americans,         including Arab Americans, MuslimAmericans, and Americans from         South Asia, must be protected, and thatevery effort must be         taken to preserve their safety;            (2) any acts of violence ordiscrimination against any         Americans be condemned; and            (3) the Nation is called upon torecognize the patriotism of         fellow citizens from all ethnic,racial, and religious         backgrounds. SEC.103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER AT THE             FEDERAL BUREAU OF INVESTIGATION.     There are authorized to be appropriated forthe Technical Support Centerestablished in section 811 of the Antiterrorism and Effective DeathPenalty Act of 1996 (Public Law 104-132) to help meet the demands foractivities to combat terrorism and support and enhance the technical supportand tactical operations of the FBI, $200,000,000 for each of the fiscalyears 2002, 2003, and 2004. SEC.104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE PROHIBITION IN             CERTAIN EMERGENCIES.     Section 2332e of title 18, United StatesCode, is amended--            (1) by striking ``2332c'' andinserting ``2332a''; and            (2) by striking ``chemical''. SEC.105. <<NOTE: 18 USC 3056 note.>> EXPANSION OF NATIONAL ELECTRONIC             CRIME TASK FORCE INITIATIVE.     The Director of the United States SecretService shall take appropriateactions to develop a national network of electronic crime taskforces, based on the New York Electronic Crimes Task Force model, throughoutthe United States, for the purpose of preventing, detecting, andinvestigating various forms of electronic crimes, including potentialterrorist attacks against critical infrastructure and financialpayment systems. SEC.106. PRESIDENTIAL AUTHORITY.     Section 203 of the International EmergencyPowers Act (50 U.S.C. 1702)is amended--            (1) in subsection (a)(1)--                    (A) at the end ofsubparagraph (A) (flush to that                 subparagraph), by striking ``;and'' and inserting a                 comma and the following:        ``by any person, or with respect to anyproperty, subject to the         jurisdiction of the United States;'';                    (B) in subparagraph (B)--                          (i) by inserting ``,block during the pendency                       of an investigation''after ``investigate''; and                          (ii) by striking``interest;'' and inserting                       ``interest by any person, or with respectto any                       property, subject to thejurisdiction of the                       United States; and'';                    (C) by striking ``by anyperson, or with respect to                 any property, subject to thejurisdiction of the United                 States`; and                    (D) by inserting at the endthe following: [[Page115 STAT. 278]]                     ``(C) when the UnitedStates is engaged in armed                 hostilities or has been attacked by aforeign country or                 foreign nationals, confiscateany property, subject to                 the jurisdiction of the UnitedStates, of any foreign                 person, foreign organization,or foreign country that he                 determines has planned,authorized, aided, or engaged in                 such hostilities or attacksagainst the United States;                 and all right, title, andinterest in any property so                 confiscated shall vest, when,as, and upon the terms                 directed by the President, insuch agency or person as                 the President may designatefrom time to time, and upon                 such terms and conditions as thePresident may                 prescribe, such interest orproperty shall be held,                 used, administered, liquidated,sold, or otherwise dealt                 with in the interest of and forthe benefit of the                 United States, and suchdesignated agency or person may                 perform any and all actsincident to the accomplishment                 or furtherance of thesepurposes.''; and            (2) by inserting at the end thefollowing:     ``(c) Classified Information.--In anyjudicial review of a determinationmade under this section, if the determination was based on classifiedinformation (as defined in section 1(a) of the Classified InformationProcedures Act) such information may be submitted to the reviewingcourt ex parte and in camera. This subsection does not confer orimply any right to judicial review.''.                TITLE II--ENHANCED SURVEILLANCEPROCEDURES SEC.201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC             COMMUNICATIONS RELATING TOTERRORISM.     Section 2516(1) of title 18, United StatesCode, is amended--            (1) by redesignating paragraph (p),as so redesignated by         section 434(2) of the Antiterrorism andEffective Death Penalty         Act of 1996 (Public Law 104-132; 110Stat. 1274), as paragraph         (r); and            (2) by inserting after paragraph(p), as so redesignated by         section 201(3) of the IllegalImmigration Reform and Immigrant         Responsibility Act of 1996 (division Cof Public Law 104-208;         110 Stat. 3009-565), the following newparagraph:     ``(q) any criminal violation of section 229(relating to chemical weapons);or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title(relating to terrorism); or''. SEC.202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC             COMMUNICATIONS RELATING TO COMPUTERFRAUD AND ABUSE             OFFENSES.     Section 2516(1)(c) of title 18, UnitedStates Code, is amended by striking``and section 1341 (relating to mail fraud),'' and inserting ``section1341 (relating to mail fraud), a felony violation of section 1030(relating to computer fraud and abuse),''. SEC.203. <<NOTE: 18 USC app.>> AUTHORITY TO SHARE CRIMINAL             INVESTIGATIVE INFORMATION.     (a) Authority To Share Grand JuryInformation.-- [[Page115 STAT. 279]]             (1) In general.--Rule 6(e)(3)(C) ofthe Federal Rules of         Criminal Procedure is amended to read asfollows:                    ``(C)(i) Disclosureotherwise prohibited by this                 rule of matters occurringbefore the grand jury may also                 be made--                          ``(I) when sodirected by a court                       preliminarily to or inconnection with a judicial                       proceeding;                          ``(II) when permittedby a court at the                       request of the defendant,upon a showing that                       grounds may exist for amotion to dismiss the                       indictment because ofmatters occurring before the                       grand jury;                          ``(III) when thedisclosure is made by an                       attorney for thegovernment to another Federal                       grand jury;                          ``(IV) when permittedby a court at the                       request of an attorneyfor the government, upon a                       showing that such mattersmay disclose a violation                       of State criminal law, toan appropriate official                       of a State or subdivisionof a State for the                       purpose of enforcing suchlaw; or                          ``(V) when thematters involve foreign                       intelligence orcounterintelligence (as defined in                       section 3 of the NationalSecurity Act of 1947 (50                       U.S.C. 401a)), or foreignintelligence information                       (as defined in clause(iv) of this subparagraph),                       to any Federal lawenforcement, intelligence,                       protective, immigration,national defense, or                       national securityofficial in order to assist the                       official receiving thatinformation in the                       performance of hisofficial duties.                    ``(ii) If the court ordersdisclosure of matters                 occurring before the grandjury, the disclosure shall be                 made in such manner, at suchtime, and under such                 conditions as the court maydirect.                    ``(iii) Any Federalofficial to whom information is                 disclosed pursuant to clause(i)(V) of this subparagraph                 may use that information onlyas necessary in the                 conduct of that person'sofficial duties subject to any                 limitations on the unauthorizeddisclosure of such                 information. Within areasonable time after such                 disclosure, an attorney for thegovernment shall file                 under seal a notice with thecourt stating the fact that                 such information was disclosedand the departments,                 agencies, or entities to whichthe disclosure was made.                    ``(iv) In clause (i)(V) ofthis subparagraph, the                 term `foreign intelligenceinformation' means--                          ``(I) information,whether or not concerning a                       United States person,that relates to the ability                       of the United States toprotect against--                                    ``(aa) actualor potential attack or                                 other gravehostile acts of a foreign                                 power or anagent of a foreign power;                                    ``(bb) sabotageor international                                 terrorism by aforeign power or an agent                                 of a foreignpower; or                                    ``(cc)clandestine intelligence                                 activities by an intelligence service or                                 network of aforeign power or by an                                 agent offoreign power; or [[Page115 STAT. 280]]                           ``(II) information,whether or not concerning                       a United States person,with respect to a foreign                       power or foreignterritory that relates to--                                    ``(aa) thenational defense or the                                 security of theUnited States; or                                    ``(bb) theconduct of the foreign                                 affairs of theUnited States.''.            (2) Conforming amendment.--Rule6(e)(3)(D) of the Federal         Rules of Criminal Procedure is amendedby striking         ``(e)(3)(C)(i)'' and inserting``(e)(3)(C)(i)(I)''.     (b) Authority To Share Electronic, Wire,and Oral Interception Information.--            (1) Law enforcement.--Section 2517of title 18, United         States Code, is amended by inserting atthe end the following:     ``(6) Any investigative or law enforcementofficer, or attorney for theGovernment, who by any means authorized by this chapter, has obtainedknowledge of the contents of any wire, oral, or electronic communication,or evidence derived therefrom, may disclose such contents toany other Federal law enforcement, intelligence, protective, immigration,national defense, or national security official to the extentthat such contents include foreign intelligence or counterintelligence(as defined in section 3 of the National Security Actof 1947 (50 U.S.C. 401a)), or foreign intelligence information (as definedin subsection (19) of section 2510 of this title), to assist the officialwho is to receive that information in the performance of his officialduties. Any Federal official who receives information pursuant tothis provision may use that information only as necessary in the conductof that person's official duties subject to any limitations on theunauthorized disclosure of such information.''.            (2) Definition.--Section 2510 oftitle 18, United States         Code, is amended by--                    (A) in paragraph (17), bystriking ``and'' after the                 semicolon;                    (B) in paragraph (18), bystriking the period and                 inserting ``; and''; and                    (C) by inserting at the endthe following:            ``(19) `foreign intelligenceinformation' means--                    ``(A) information, whetheror not concerning a                 United States person, thatrelates to the ability of the                 United States to protectagainst--                          ``(i) actual or potential attackor other                       grave hostile acts of aforeign power or an agent                       of a foreign power;                          ``(ii) sabotage orinternational terrorism by                       a foreign power or an agent of aforeign power; or                          ``(iii) clandestineintelligence activities by                       an intelligence serviceor network of a foreign                       power or by an agent of aforeign power; or                    ``(B) information, whetheror not concerning a                 United States person, withrespect to a foreign power or                 foreign territory that relatesto--                          ``(i) the nationaldefense or the security of                       the United States; or                          ``(ii) the conduct ofthe foreign affairs of                       the United States.''.     (c) Procedures.--The <<NOTE: 18 USC2517 note.>> Attorney General shallestablish procedures for the disclosure of information pursuant to section2517(6) [[Page115 STAT. 281]] andRule 6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure thatidentifies a United States person, as defined in section 101 of the ForeignIntelligence Surveillance Act of 1978 (50 U.S.C. 1801)).     (d) Foreign <<NOTE: 50 USC403-5d.>> Intelligence Information.--            (1) In general.--Notwithstandingany other provision of law,         it shall be lawful for foreignintelligence or         counterintelligence (as defined insection 3 of the National         Security Act of 1947 (50 U.S.C. 401a))or foreign intelligence         information obtained as part of acriminal investigation to be         disclosed to any Federal lawenforcement, intelligence,         protective, immigration, nationaldefense, or national security         official in order to assist theofficial receiving that         information in the performance of hisofficial duties. Any         Federal official who receivesinformation pursuant to this         provision may use that information onlyas necessary in the         conduct of that person's officialduties subject to any         limitations on the unauthorizeddisclosure of such information.            (2) Definition.--In thissubsection, the term ``foreign         intelligence information'' means--                    (A) information, whether ornot concerning a United                 States person, that relates tothe ability of the United                 States to protect against--                          (i) actual orpotential attack or other grave                       hostile acts of a foreignpower or an agent of a                       foreign power;                          (ii) sabotage orinternational terrorism by a                       foreign power or an agentof a foreign power; or                          (iii) clandestineintelligence activities by                       an intelligence serviceor network of a foreign                       power or by an agent of aforeign power; or                    (B) information, whether ornot concerning a United                 States person, with respect toa foreign power or                 foreign territory that relatesto--                          (i) the nationaldefense or the security of                       the United States; or                          (ii) the conduct ofthe foreign affairs of the                       United States. SEC.204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM LIMITATIONS ON             INTERCEPTION AND DISCLOSURE OFWIRE, ORAL, AND ELECTRONIC             COMMUNICATIONS.     Section 2511(2)(f) of title 18, UnitedStates Code, is amended--            (1) by striking ``this chapter orchapter 121'' and         inserting ``this chapter or chapter 121or 206 of this title'';         and            (2) by striking ``wire and oral''and inserting ``wire,         oral, and electronic''. SEC.205. <<NOTE: 28 USC 532 note.>> EMPLOYMENT OF TRANSLATORS BY THE             FEDERAL BUREAU OF INVESTIGATION.     (a) Authority.--The Director of the FederalBureau of Investigation isauthorized to expedite the employment of personnel as translators to supportcounterterrorism investigations and operations without regard to applicableFederal personnel requirements and limitations.    (b) Security Requirements.--The Director ofthe Federal Bureau of Investigationshall establish such security requirements as are necessaryfor the personnel employed as translators under subsection (a). [[Page115 STAT. 282]]     (c) Report.--The Attorney General shallreport to the Committees on theJudiciary of the House of Representatives and the Senate on--            (1) the number of translatorsemployed by the FBI and other         components of the Department of Justice;            (2) any legal or practicalimpediments to using translators         employed by other Federal, State, orlocal agencies, on a full,         part-time, or shared basis; and            (3) the needs of the FBI forspecific translation services         in certain languages, andrecommendations for meeting those         needs. SEC.206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN INTELLIGENCE             SURVEILLANCE ACT OF 1978.     Section 105(c)(2)(B) of the ForeignIntelligence Surveillance Act of 1978(50 U.S.C. 1805(c)(2)(B)) is amended by inserting ``, or in circumstanceswhere the Court finds that the actions of the target of theapplication may have the effect of thwarting the identification of a specifiedperson, such other persons,'' after ``specified person''. SEC.207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS WHO             ARE AGENTS OF A FOREIGN POWER.     (a) Duration.--            (1) Surveillance.--Section105(e)(1) of the Foreign         Intelligence Surveillance Act of 1978(50 U.S.C. 1805(e)(1)) is         amended by--                    (A) inserting ``(A)'' after``except that''; and                    (B) inserting before theperiod the following: ``,                 and (B) an order under this Actfor a surveillance                 targeted against an agent of aforeign power, as defined                 in section 101(b)(1)(A) may befor the period specified                 in the application or for 120days, whichever is less''.     (2) Physical Search.--Section 304(d)(1) ofthe Foreign Intelligence SurveillanceAct of 1978 (50 U.S.C. 1824(d)(1)) is amended by--            (A) striking ``forty-five'' andinserting ``90'';            (B) inserting ``(A)'' after ``exceptthat''; and            (C) inserting before the period thefollowing: ``, and (B)         an order under this section for aphysical search targeted         against an agent of a foreign power asdefined in section         101(b)(1)(A) may be for the periodspecified in the application         or for 120 days, whichever is less''.     (b) Extension.--            (1) In general.--Section 105(d)(2)of the Foreign         Intelligence Surveillance Act of 1978(50 U.S.C. 1805(d)(2)) is         amended by--                    (A) inserting ``(A)'' after``except that''; and                    (B) inserting before theperiod the following: ``,                 and (B) an extension of anorder under this Act for a                 surveillance targeted againstan agent of a foreign                 power as defined in section101(b)(1)(A) may be for a                 period not to exceed 1 year''.            (2) Defined term.--Section304(d)(2) of the Foreign         Intelligence Surveillance Act of 1978 (50U.S.C. 1824(d)(2) is         amended by inserting after ``not aUnited States person,'' the         following: ``or against an agent of aforeign power as defined         in section 101(b)(1)(A),''. [[Page115 STAT. 283]] SEC.208. DESIGNATION OF JUDGES.     Section 103(a) of the Foreign IntelligenceSurveillance Act of 1978 (50U.S.C. 1803(a)) is amended by--            (1) striking ``seven district courtjudges'' and inserting         ``11 district court judges''; and            (2) inserting ``of whom no fewerthan 3 shall reside within         20 miles 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), bystriking beginning with                 ``and such'' and all thatfollows through                 ``communication''; and                    (B) in paragraph (14), byinserting ``wire or''                 after ``transmission of''; and            (2) in subsections (a) and (b) ofsection 2703--                    (A) by striking ``Contentsof electronic'' and                 inserting ``Contents of wire orelectronic'' each place                 it appears;                    (B) by striking ``contentsof an electronic'' and                 inserting ``contents of a wireor electronic'' each                 place it appears; and                    (C) by striking ``anyelectronic'' and inserting                 ``any wire or electronic'' eachplace it appears. SEC.210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS.     Section 2703(c)(2) of title 18, UnitedStates Code, as redesignated bysection 212, is amended--            (1) by striking ``entity the name,address, local and long         distance telephone toll billingrecords, telephone number or         other subscriber number or identity,and length of service of a         subscriber'' and inserting thefollowing: ``entity the--            ``(A) name;            ``(B) address;            ``(C) local and long distancetelephone connection records,         or records of session times anddurations;            ``(D) length of service (includingstart date) and types of         service utilized;            ``(E) telephone or instrumentnumber or other subscriber         number or identity, including anytemporarily assigned network         address; and            ``(F) means and source of paymentfor such service         (including any credit card or bankaccount number), ofa subscriber''; and            (2) by striking ``and the types ofservices the subscriber         or customer utilized,''. SEC.211. CLARIFICATION OF SCOPE.     Section 631 of the Communications Act of1934 (47 U.S.C. 551) is amended--            (1) in subsection (c)(2)--                    (A) in subparagraph (B), bystriking ``or'';                    (B) in subparagraph (C), bystriking the period at                 the end and inserting ``; or'';and                    (C) by inserting at the endthe following: [[Page115 STAT. 284]]             ``(D) to a government entity asauthorized under chapters         119, 121, or 206 of title 18, UnitedStates Code, except that         such disclosure shall not includerecords revealing cable         subscriber selection of video programmingfrom a cable         operator.''; and            (2) in subsection (h), by striking``A governmental entity''         and inserting ``Except as provided insubsection (c)(2)(D), a         governmental entity''. SEC.212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT             LIFE AND LIMB.     (a) Disclosure of Contents.--            (1) In general.--Section 2702 oftitle 18, United States         Code, is amended--                    (A) by striking the sectionheading and inserting                 the following: ``Sec.2702. Voluntary disclosure of customer communications or                         records'';                     (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 insertingafter paragraph (2) the                       following:            ``(3) a provider of remotecomputing service or electronic         communication service to the publicshall not knowingly divulge         a record or other informationpertaining to a subscriber to or         customer of such service (not includingthe contents of         communications covered by paragraph (1)or (2)) to any         governmental entity.'';                    (C) in subsection (b), bystriking ``Exceptions.--A                 person or entity'' and inserting``Exceptions for                 disclosure of communications.--A provider described in                 subsection (a)'';                    (D) in subsection (b)(6)--                          (i) in subparagraph(A)(ii), by striking                       ``or'';                          (ii) in subparagraph(B), by striking the                       period and inserting ``;or''; and                          (iii) by adding aftersubparagraph (B) the                       following:                    ``(C) if the providerreasonably believes that an                 emergency involving immediatedanger of death or serious                 physical injury to any personrequires disclosure of the                 information without delay.'';and                    (E) by inserting aftersubsection (b) the following:     ``(c) Exceptions for Disclosure of CustomerRecords.--A provider describedin subsection (a) may divulge a record or other information pertainingto a subscriber to or customer of such service (not including thecontents of communications covered by subsection (a)(1) or (a)(2))--            ``(1) as otherwise authorized insection 2703;            ``(2) with the lawful consent ofthe customer or subscriber;            ``(3) as may be necessarilyincident to the rendition of the         service or to the protection of therights or property of the         provider of that service; [[Page115 STAT. 285]]             ``(4) to a governmental entity, ifthe provider reasonably         believes that an emergency involvingimmediate danger of death         or serious physical injury to anyperson justifies disclosure of         the information; or            ``(5) to any person other than agovernmental entity.''.            (2) Technical and conformingamendment.--The table of         sections for chapter 121 of title 18,United States Code, is         amended by striking the item relatingto section 2702 and         inserting the following: ``2702.Voluntary disclosure of customer communications or records.''.     (b) Requirements for Government Access.--            (1) In general.--Section 2703 oftitle 18, United States         Code, is amended--                    (A) by striking the sectionheading and inserting                 the following: ``Sec.2703. Required disclosure of customer communications or                         records'';                     (B) in subsection (c) byredesignating paragraph (2)                 as paragraph (3);                    (C) in subsection (c)(1)--                          (i) by striking ``(A)Except as provided in                       subparagraph (B), aprovider of electronic                       communication service or remote computingservice                       may'' and inserting ``Agovernmental entity may                       require a provider ofelectronic communication                       service or remotecomputing service to'';                          (ii) by striking``covered by subsection (a)                       or (b) of this section)to any person other than a                       governmental entity.                    ``(B) A provider ofelectronic communication service                 or remote computing serviceshall disclose a record or                 other information pertaining toa subscriber to or                 customer of such service (notincluding the contents of                 communications covered bysubsection (a) or (b) of this                 section) to a governmentalentity'' and inserting ``)'';                          (iii) byredesignating subparagraph (C) as                       paragraph (2);                          (iv) by redesignatingclauses (i), (ii),                       (iii), and (iv) assubparagraphs (A), (B), (C),                       and (D), respectively;                          (v) in subparagraph(D) (as redesignated) by                       striking the period andinserting ``; or''; and                          (vi) by insertingafter subparagraph (D) (as                       redesignated) thefollowing:                    ``(E) seeks informationunder paragraph (2).''; and                    (D) in paragraph (2) (asredesignated) by striking                 ``subparagraph (B)'' and insert``paragraph (1)''.            (2) Technical and conformingamendment.--The table of         sections for chapter 121 of title 18,United States Code, is         amended by striking the item relatingto section 2703 and         inserting the following: ``2703.Required disclosure of customer communications or records.''. SEC.213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.     Section 3103a of title 18, United StatesCode, is amended-- [[Page115 STAT. 286]]             (1) by inserting ``(a) InGeneral.--'' before ``In         addition''; and            (2) by adding at the end thefollowing:     ``(b) Delay.--With respect to the issuanceof any warrant or court orderunder this section, or any other rule of law, to search for and seizeany property or material that constitutes evidence of a criminal offensein violation of the laws of the United States, any notice required,or that may be required, to be given may be delayed if--            ``(1) the court finds reasonablecause to believe that         providing immediate notification of theexecution of the warrant         may have an adverse result (as definedin section 2705);            ``(2) the warrant prohibits theseizure of any tangible         property, any wire or electroniccommunication (as defined in         section 2510), or, except as expresslyprovided in chapter 121,         any stored wire or electronicinformation, except where the         court finds reasonable necessity forthe seizure; and            ``(3) the warrant provides for thegiving of such notice         within a reasonable period of itsexecution, which period may         thereafter be extended by the court forgood cause shown.''. SEC.214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA.     (a) Applications and Orders.--Section 402of the Foreign IntelligenceSurveillance Act of 1978 (50 U.S.C. 1842) is amended--            (1) in subsection (a)(1), bystriking ``for any         investigation to gather foreignintelligence information or         information concerning internationalterrorism'' and inserting         ``for any investigation to obtainforeign intelligence         information not concerning a UnitedStates person or to protect         against international terrorism orclandestine intelligence         activities, provided that suchinvestigation of a United States         person is not conducted solely upon thebasis of activities         protected by the first amendment to theConstitution'';            (2) by amending subsection (c)(2)to read as follows:            ``(2) a certification by theapplicant that the information         likely to be obtained is foreignintelligence information not         concerning a United States person or isrelevant to an ongoing         investigation to protect againstinternational terrorism or         clandestine intelligence activities,provided that such         investigation of a United States personis not conducted solely         upon the basis of activities protectedby 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 of theinvestigation;                          ``(ii) the identity,if known, of the person                       to whom is leased or inwhose name is listed the                       telephone line or otherfacility to which the pen                       register or trap andtrace device is to be                       attached or applied;                          ``(iii) theattributes of the communications                       to which the orderapplies, such as the number or                       other identifier, and, ifknown, the location of                       the telephone line orother facility to which the                       pen register or trap andtrace device is to be                       attached or applied and, [[Page115 STAT. 287]]                       in the case of a trap and tracedevice, the                       geographic limits of thetrap and trace order.''.     (b) Authorization DuringEmergencies.--Section 403 of the Foreign IntelligenceSurveillance Act of 1978 (50 U.S.C. 1843) is amended--            (1) in subsection (a), by striking``foreign intelligence         information or information concerninginternational terrorism''         and inserting ``foreign intelligenceinformation not concerning         a United States person or informationto protect against         international terrorism or clandestineintelligence activities,         provided that such investigation of aUnited States person is         not conducted solely upon the basis ofactivities protected by         the first amendment to theConstitution''; and            (2) in subsection (b)(1), bystriking ``foreign intelligence         information or information concerninginternational terrorism''         and inserting ``foreign intelligenceinformation not concerning         a United States person or informationto protect against         international terrorism or clandestineintelligence activities,         provided that such investigation of aUnited States person is        not conducted solely upon the basis of activities protected by         the first amendment to theConstitution''. SEC.215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN             INTELLIGENCE SURVEILLANCE ACT.     Title V of the Foreign IntelligenceSurveillance Act of 1978 (50 U.S.C.1861 et seq.) is amended by striking sections 501 through 503 and insertingthe following: ``SEC.501. <<NOTE: 50 USC 1861.>> ACCESS TO CERTAIN BUSINESS RECORDS             FOR FOREIGN INTELLIGENCE AND INTERNATIONALTERRORISM             INVESTIGATIONS.     ``(a)(1) The Director of the Federal Bureauof Investigation or a designeeof the Director (whose rank shall be no lower than Assistant SpecialAgent in Charge) may make an application for an order requiring theproduction of any tangible things (including books, records, papers, documents,and other items) for an investigation to protect against internationalterrorism or clandestine intelligence activities, provided thatsuch investigation of a United States person is not conducted solelyupon the basis of activities protected by the first amendment to theConstitution.    ``(2) An investigation conducted under thissection shall--            ``(A) be conducted under guidelinesapproved by the Attorney         General under Executive Order 12333 (ora successor order); and            ``(B) not be conducted of a UnitedStates person solely upon         the basis of activities protected bythe 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 courtestablished by section                 103(a); or                    ``(B) a United StatesMagistrate Judge under chapter                 43 of title 28, United StatesCode, who is publicly                 designated by the Chief Justiceof the United States to                 have the power to hearapplications and grant orders for                 the production of tangiblethings under this section on                 behalf of a judge of thatcourt; and [[Page115 STAT. 288]]             ``(2) shall specify that therecords concerned are sought         for an authorized investigationconducted in accordance with         subsection (a)(2) to obtain foreignintelligence information not         concerning a United States person or toprotect against         international terrorism or clandestineintelligence activities.     ``(c)(1) Upon an application made pursuantto this section, the judgeshall enter an ex parte order as requested, or as modified, approvingthe release of records if the judge finds that the application meetsthe requirements of this section.    ``(2) An order under this subsection shallnot disclose that it is issuedfor purposes of an investigation described in subsection (a).    ``(d) No person shall disclose to any otherperson (other than those personsnecessary to produce the tangible things under this section) thatthe Federal Bureau of Investigation has sought or obtained tangible thingsunder this section.    ``(e) A person who, in good faith, producestangible things under an orderpursuant to this section shall not be liable to any other person forsuch production. Such production shall not be deemed to constitute a waiverof any privilege in any other proceeding or context. ``SEC.502. <<NOTE: 50 USC 1862.>> CONGRESSIONAL OVERSIGHT.     ``(a) On a semiannual basis, the AttorneyGeneral shall fully inform thePermanent Select Committee on Intelligence of the House of Representativesand the Select Committee on Intelligence of the Senate concerningall requests for the production of tangible things under section402.    ``(b) On a semiannual basis, the AttorneyGeneral shall provide to theCommittees on the Judiciary of the House of Representatives and the Senatea report setting forth with respect to the preceding 6-month period--            ``(1) the total number ofapplications made for orders         approving requests for the productionof tangible things under         section 402; and            ``(2) the total number of suchorders either granted,         modified, or denied.''. SEC.216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS             AND TRAP AND TRACE DEVICES.     (a) General Limitations.--Section 3121(c)of title 18, United States Code,is amended--            (1) by inserting ``or trap andtrace device'' after ``pen         register'';            (2) by inserting ``, routing,addressing,'' after         ``dialing''; and            (3) by striking ``call processing''and inserting ``the         processing and transmitting of wire orelectronic communications         so as not to include the contents ofany wire or electronic         communications''.     (b) Issuance of Orders.--            (1) In general.--Section 3123(a) oftitle 18, United States         Code, is amended to read as follows:     ``(a) In General.--            ``(1) Attorney for thegovernment.--Upon an application made         under section 3122(a)(1), the courtshall enter an ex parte         order authorizing the installation anduse of a pen register or         trap and trace device anywhere withinthe United States, if the         court finds that the attorney for theGovernment [[Page115 STAT. 289]]         has certified to the court that theinformation likely to be         obtained by such installation and useis relevant to an ongoing         criminal investigation. The order, uponservice of that order,         shall apply to any person or entityproviding wire or electronic         communication service in the UnitedStates whose assistance may         facilitate the execution of the order.Whenever such an order is         served on any person or entity notspecifically named in the         order, upon request of such person orentity, the attorney for         the Government or law enforcement orinvestigative officer that         is serving the order shall providewritten or electronic         certification that the order applies tothe person or entity         being served.            ``(2) State investigative or lawenforcement officer.--Upon         an application made under section3122(a)(2), the court shall         enter an ex parte order authorizing theinstallation and use of         a pen register or trap and trace devicewithin the jurisdiction         of the court, if the court finds thatthe State law enforcement         or investigative officer has certifiedto the court that the         information likely to be obtained bysuch installation and use         is relevant to an ongoing criminalinvestigation.            ``(3)(A) Where the law enforcementagency implementing an ex         parte order under this subsection seeksto do so by installing         and using its own pen register or trapand trace device on a         packet-switched data network of aprovider of electronic         communication service to the public,the agency shall ensure         that a record will be maintained whichwill identify--                    ``(i) any officer orofficers who installed the                 device and any officer orofficers who accessed the                 device to obtain information fromthe network;                    ``(ii) the date and timethe device was installed,                 the date and time the devicewas uninstalled, and the                 date, time, and duration ofeach time the device is                 accessed to obtain information;                    ``(iii) the configurationof the device at the time                 of its installation and anysubsequent modification                 thereof; and                    ``(iv) any informationwhich has been collected by                 the device.        To the extent that the pen register ortrap and trace device can         be set automatically to record thisinformation electronically,         the record shall be maintained electronicallythroughout the         installation and use of such device.            ``(B) The record maintained undersubparagraph (A) shall be         provided ex parte and under seal to thecourt which entered the         ex parte order authorizing the installationand use of the         device within 30 days after terminationof the order (including         any extensions thereof).''.            (2) Contents of order.--Section3123(b)(1) of title 18,         United States Code, is amended--                    (A) in subparagraph (A)--                          (i) by inserting ``orother facility'' after                       ``telephone line''; and                          (ii) by insertingbefore the semicolon at the                       end ``or applied''; and                    (B) by strikingsubparagraph (C) and inserting the                 following: [[Page115 STAT. 290]]                     ``(C) the attributes of thecommunications to which                 the order applies, includingthe number or other                 identifier and, if known, thelocation of the telephone                 line or other facility to whichthe pen register or trap                 and trace device is to be attachedor applied, and, in                 the case of an orderauthorizing installation and use of                 a trap and trace device undersubsection (a)(2), the                 geographic limits of the order;and''.            (3) Nondisclosurerequirements.--Section 3123(d)(2) of title         18, United States Code, is amended--                    (A) by inserting ``or otherfacility'' after ``the                 line''; and                    (B) by striking ``, or whohas been ordered by the                 court'' and inserting ``orapplied, or who is obligated                 by the order''.     (c) Definitions.--            (1) Court of competentjurisdiction.--Section 3127(2) of         title 18, United States Code, isamended by striking         subparagraph (A) and inserting thefollowing:                    ``(A) any district court ofthe United States                 (including a magistrate judgeof such a court) or any                 United States court of appealshaving jurisdiction over                 the offense being investigated;or''.            (2) Pen register.--Section 3127(3)of title 18, United         States Code, is amended--                    (A) by striking``electronic or other impulses'' and                 all that follows through ``isattached'' and inserting                 ``dialing, routing, addressing,or signaling information                 transmitted by an instrument orfacility from which a                 wire or electroniccommunication is transmitted,                 provided, however, that suchinformation shall not                 include the contents of anycommunication''; and                    (B) by inserting ``orprocess'' after ``device''                 each place it appears.            (3) Trap and trace device.--Section3127(4) of title 18,         United States Code, is amended--                    (A) by striking ``of aninstrument'' and all that                 follows through the semicolon and inserting``or other                 dialing, routing, addressing,and signaling information                 reasonably likely to identifythe source of a wire or                 electronic communication,provided, however, that such                 information shall not includethe contents of any                 communication;''; and                    (B) by inserting ``orprocess'' after ``a device''.            (4) Conforming amendment.--Section3127(1) of title 18,         United States Code, is amended--                    (A) by striking ``and'';and                    (B) by inserting ``, and`contents' '' after                 ``electronic communicationservice''.            (5) Technical amendment.--Section3124(d) of title 18,         United States Code, is amended bystriking ``the terms of''.            (6) Conforming amendment.--Section3124(b) of title 18,         United States Code, is amended byinserting ``or other         facility'' after ``the appropriateline''. SEC.217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.     Chapter 119 of title 18, United StatesCode, is amended-- [[Page115 STAT. 291]]             (1) in section 2510--                    (A) in paragraph (18), bystriking ``and'' at the                 end;                    (B) in paragraph (19), bystriking the period and                 inserting a semicolon; and                    (C) by inserting afterparagraph (19) the following:            ``(20) `protected computer' has themeaning set forth in         section 1030; and            ``(21) `computer trespasser'--                    ``(A) means a person whoaccesses a protected                 computer without authorizationand thus has no                 reasonable expectation ofprivacy in any communication                 transmitted to, through, orfrom the protected computer;                 and                    ``(B) does not include aperson known by the owner                 or operator of the protectedcomputer to have an                 existing contractualrelationship with the owner or                 operator of the protectedcomputer for access to all or                 part of the protectedcomputer.''; and            (2) in section 2511(2), byinserting at the end the         following:     ``(i) It shall not be unlawful under thischapter for a person actingunder color of law to intercept the wire or electronic communicationsof a computer trespasser transmitted to, through, or from theprotected computer, if--            ``(I) the owner or operator of theprotected computer         authorizes the interception of thecomputer trespasser's         communications on the protected computer;            ``(II) the person acting undercolor of law is lawfully         engaged in an investigation;            ``(III) the person acting undercolor of law has reasonable         grounds to believe that the contents ofthe computer         trespasser's communications will berelevant to the         investigation; and            ``(IV) such interception does notacquire communications         other than those transmitted to or fromthe computer         trespasser.''. SEC.218. FOREIGN INTELLIGENCE INFORMATION.     Sections 104(a)(7)(B) and section303(a)(7)(B) (50 U.S.C. 1804(a)(7)(B)and 1823(a)(7)(B)) of the Foreign Intelligence SurveillanceAct of 1978 are each amended by striking ``the purpose'' andinserting ``a significant purpose''. SEC.219. <<NOTE: 18 USC app.>> SINGLE-JURISDICTION SEARCH WARRANTS FOR             TERRORISM.     Rule 41(a) of the Federal Rules of CriminalProcedure is amended by insertingafter ``executed'' the following: ``and (3) in an investigationof domestic terrorism or international terrorism (as definedin section 2331 of title 18, United States Code), by a Federal magistratejudge in any district in which activities related to the terrorismmay have occurred, for a search of property or for a person withinor outside the district''. SEC.220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC EVIDENCE.     (a) In General.--Chapter 121 of title 18,United States Code, is amended--            (1) in section 2703, by striking``under the Federal Rules         of Criminal Procedure'' every place itappears and inserting         ``using the procedures described in theFederal Rules of [[Page115 STAT. 292]]         Criminal Procedure by a court withjurisdiction over the offense         under investigation''; and            (2) in section 2711--                    (A) in paragraph (1), bystriking ``and'';                    (B) in paragraph (2), bystriking the period and                 inserting ``; and''; and                    (C) by inserting at the endthe following:            ``(3) the term `court of competentjurisdiction' has the         meaning assigned by section 3127, andincludes any Federal court         within that definition, withoutgeographic limitation.''.     (b) Conforming Amendment.--Section 2703(d)of title 18, United StatesCode, is amended by striking ``described in section 3127(2)(A)''. SEC.221. TRADE SANCTIONS.     (a) In general.--The Trade Sanctions Reformand Export Enhancement Actof 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 facilitatethe design, development, or                 production of chemical orbiological weapons, missiles,                 or weapons of massdestruction.'';            (2) in section 906(a)(1)--                    (A) by inserting ``, theTaliban or the territory of                 Afghanistan controlled by theTaliban,'' after ``Cuba'';                 and                    (B) by inserting ``, or inthe territory of                 Afghanistan controlled by theTaliban,'' after ``within                 such country''; and            (3) in section 906(a)(2), by inserting ``,or to any other         entity in Syria or North Korea'' after``Korea''.     (b) Application <<NOTE: 22 USC7210.>> of the Trade Sanctions Reform andExport Enhancement Act.--Nothing in the Trade Sanctions Reform and ExportEnhancement Act of 2000 shall limit the application or scope of anylaw establishing criminal or civil penalties, including any Executiveorder or regulation promulgated pursuant to such laws (or similaror successor laws), for the unlawful export of any agricultural commodity,medicine, or medical device to--            (1) a foreign organization, group,or person designated         pursuant to Executive Order No. 12947of January 23, 1995, as         amended;            (2) a Foreign TerroristOrganization pursuant to the         Antiterrorism and Effective DeathPenalty Act of 1996 (Public         Law 104-132);            (3) a foreign organization, group,or person designated         pursuant to Executive Order No. 13224(September 23, 2001);            (4) any narcotics traffickingentity designated pursuant to         Executive Order No. 12978 (October 21,1995) or the Foreign         Narcotics Kingpin Designation Act (PublicLaw 106-120); or            (5) any foreign organization,group, or persons subject to         any restriction for its involvement inweapons of mass         destruction or missile proliferation. SEC.222. <<NOTE: 18 USC 3124 note.>> ASSISTANCE TO LAW ENFORCEMENT             AGENCIES.     Nothing in this Act shall impose anyadditional technical obligation orrequirement on a provider of a wire or electronic communication serviceor other person to furnish facilities or technical assistance. A providerof a wire or electronic communication service, [[Page115 STAT. 293]] landlord,custodian, or other person who furnishes facilities or technicalassistance pursuant to section 216 shall be reasonably compensatedfor such reasonable expenditures incurred in providing such facilitiesor assistance. SEC.223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.     (a) Section 2520 of title 18, United StatesCode, is amended--            (1) in subsection (a), after``entity'', by inserting ``,         other than the United States,'';            (2) by adding at the end thefollowing:     ``(f) Administrative Discipline.--If acourt or appropriate departmentor agency determines that the United States or any of its departmentsor agencies has violated any provision of this chapter, and thecourt or appropriate department or agency finds that the circumstancessurrounding the violation raise serious questions about whetheror not an officer or employee of the United States acted willfullyor intentionally with respect to the violation, the department oragency shall, upon receipt of a true and correct copy of the decision andfindings of the court or appropriate department or agency promptly initiatea proceeding to determine whether disciplinary action against theofficer or employee is warranted. If the head of the department or agencyinvolved determines that disciplinary action is not warranted, he orshe shall notify the Inspector General with jurisdiction over the departmentor agency concerned and shall provide the Inspector General withthe reasons for such determination.''; and            (3) by adding a new subsection (g),as follows:     ``(g) Improper Disclosure IsViolation.--Any willful disclosure or useby an investigative or law enforcement officer or governmental entityof information beyond the extent permitted by section 2517 is a violationof this chapter for purposes of section 2520(a).''.    (b) Section 2707 of title 18, United StatesCode, is amended--            (1) in subsection (a), after``entity'', by inserting ``,         other than the United States,'';            (2) by striking subsection (d) andinserting the following:     ``(d) Administrative Discipline.--If acourt or appropriate departmentor agency determines that the United States or any of its departmentsor agencies has violated any provision of this chapter, and thecourt or appropriate department or agency finds that the circumstancessurrounding the violation raise serious questions about whetheror not an officer or employee of the United States acted willfullyor intentionally with respect to the violation, the department oragency shall, upon receipt of a true and correct copy of the decision andfindings of the court or appropriate department or agency promptly initiatea proceeding to determine whether disciplinary action against theofficer or employee is warranted. If the head of the department or agencyinvolved determines that disciplinary action is not warranted, he orshe shall notify the Inspector General with jurisdiction over the departmentor agency concerned and shall provide the Inspector General withthe reasons for such determination.''; and            (3) by adding a new subsection (g),as follows:     ``(g) Improper Disclosure.--Any willfuldisclosure of a `record', as thatterm is defined in section 552a(a) of title 5, United States Code, obtainedby an investigative or law enforcement officer, or a governmentalentity, pursuant to section 2703 of this title, or [[Page115 STAT. 294]] froma device installed pursuant to section 3123 or 3125 of this title, thatis not a disclosure made in the proper performance of the official functionsof the officer or governmental entity making the disclosure, isa violation of this chapter. This provision shall not apply to informationpreviously lawfully disclosed (prior to the commencement of anycivil or administrative proceeding under this chapter) to the public bya Federal, State, or local governmental entity or by the plaintiff in acivil action under this chapter.''.    (c)(1) Chapter 121 of title 18, UnitedStates Code, is amended by addingat the end the following: ``Sec.2712. Civil actions against the United States     ``(a) In General.--Any person who isaggrieved by any willful violationof this chapter or of chapter 119 of this title or of sections 106(a),305(a), or 405(a) of the Foreign Intelligence Surveillance Act of1978 (50 U.S.C. 1801 et seq.) may commence an action in United States DistrictCourt against the United States to recover money damages. In anysuch action, if a person who is aggrieved successfully establishes sucha violation of this chapter or of chapter 119 of this title or of theabove specific provisions of title 50, the Court may assess as damages--            ``(1) actual damages, but not lessthan $10,000, whichever         amount is greater; and            ``(2) litigation costs, reasonablyincurred.     ``(b) Procedures.--(1) Any action againstthe United States under thissection may be commenced only after a claim is presented to the appropriatedepartment or agency under the procedures of the Federal TortClaims Act, as set forth in title 28, United States Code.    ``(2) Any action against the United Statesunder this section shall beforever barred unless it is presented in writing to the appropriate Federalagency within 2 years after such claim accrues or unless action isbegun within 6 months after the date of mailing, by certified or registeredmail, of notice of final denial of the claim by the agency to whichit was presented. The claim shall accrue on the date upon which theclaimant first has a reasonable opportunity to discover the violation.    ``(3) Any action under this section shallbe tried to the court withouta jury.    ``(4) Notwithstanding any other provisionof law, the procedures set forthin section 106(f), 305(g), or 405(f) of the Foreign Intelligence SurveillanceAct of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive meansby which materials governed by those sections may be reviewed.    ``(5) An amount equal to any award againstthe United States under thissection shall be reimbursed by the department or agency concerned tothe fund described in section 1304 of title 31, United States Code, outof any appropriation, fund, or other account (excluding any part of suchappropriation, fund, or account that is available for the enforcementof any Federal law) that is available for the operating expensesof the department or agency concerned.    ``(c) Administrative Discipline.--If acourt or appropriate departmentor agency determines that the United States or any of its departmentsor agencies has violated any provision of this chapter, and thecourt or appropriate department or agency finds that the circumstancessurrounding the violation raise serious questions about whetheror not an officer or employee of the United [[Page115 STAT. 295]] Statesacted willfully or intentionally with respect to the violation, thedepartment or agency shall, upon receipt of a true and correct copy ofthe decision and findings of the court or appropriate department or agencypromptly initiate a proceeding to determine whether disciplinary actionagainst the officer or employee is warranted. If the head of the departmentor agency involved determines that disciplinary action is not warranted,he or she shall notify the Inspector General with jurisdictionover the department or agency concerned and shall provide theInspector General with the reasons for such determination.    ``(d) Exclusive Remedy.--Any action againstthe United States under thissubsection shall be the exclusive remedy against the United States forany claims within the purview of this section.    ``(e) Stay of Proceedings.--(1) Upon themotion of the United States,the court shall stay any action commenced under this section if thecourt determines that civil discovery will adversely affect the abilityof the Government to conduct a related investigation or the prosecutionof a related criminal case. Such a stay shall toll the limitationsperiods of paragraph (2) of subsection (b).    ``(2) In this subsection, the terms`related criminal case' and `relatedinvestigation' mean an actual prosecution or investigation in progressat the time at which the request for the stay or any subsequent motionto lift the stay is made. In determining whether an investigation ora criminal case is related to an action commenced under this section, thecourt shall consider the degree of similarity between the parties, witnesses,facts, and circumstances involved in the 2 proceedings, withoutrequiring that any one or more factors be identical.    ``(3) In requesting a stay under paragraph(1), the Government may, inappropriate cases, submit evidence ex parte in order to avoid disclosingany matter that may adversely affect a related investigation ora related criminal case. If the Government makes such an ex parte submission,the plaintiff shall be given an opportunity to make a submissionto the court, not ex parte, and the court may, in its discretion,request further information from either party.''.    (2) The table of sections at the beginningof chapter 121 is amended toread as follows: ``2712.Civil action against the United States.''. SEC.224. <<NOTE: 18 USC 2510 note.>> SUNSET.     (a) In General.--Except as provided insubsection (b), this title andthe amendments made by this title (other than sections 203(a), 203(c),205, 208, 210, 211, 213, 216, 219, 221, and 222, and the amendmentsmade by those sections) shall cease to have effect on December31, 2005.    (b) Exception.--With respect to anyparticular foreign intelligence investigationthat began before the date on which the provisions referredto in subsection (a) cease to have effect, or with respect to anyparticular offense or potential offense that began or occurred beforethe date on which such provisions cease to have effect, such provisionsshall continue in effect. SEC.225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.     Section 105 of the Foreign IntelligenceSurveillance Act of 1978 (50 U.S.C.1805) is amended by inserting after subsection (g) the following: [[Page115 STAT. 296]]     ``(h) No cause of action shall lie in anycourt against any provider ofa wire or electronic communication service, landlord, custodian, or otherperson (including any officer, employee, agent, or other specified personthereof) that furnishes any information, facilities, or technical assistancein accordance with a court order or request for emergency assistanceunder this Act.''.   TITLE <<NOTE: International MoneyLaundering Abatement and Financial    Anti-Terrorism Act of 2001.>>III--INTERNATIONAL MONEY LAUNDERING ABATEMENTAND ANTI-TERRORIST FINANCING ACT OF 2001 SEC.301. <<NOTE: 31 USC 5301 note.>> SHORT TITLE.     This title may be cited as the``International Money Laundering Abatementand Financial Anti-Terrorism Act of 2001''. SEC.302. <<NOTE: 31 USC 5311 note.>> FINDINGS AND PURPOSES.     (a) Findings.--The Congress finds that--            (1) money laundering, estimated bythe International         Monetary Fund to amount to between 2and 5 percent of global         gross domestic product, which is atleast $600,000,000,000         annually, provides the financial fuelthat permits transnational         criminal enterprises to conduct andexpand their operations to         the detriment of the safety andsecurity of American citizens;            (2) money laundering, and thedefects in financial         transparency on which money launderersrely, are critical to the         financing of global terrorism and theprovision of funds for         terrorist attacks;            (3) money launderers subvertlegitimate financial mechanisms         and banking relationships by using themas protective covering         for the movement of criminal proceedsand the financing of crime         and terrorism, and, by so doing, canthreaten the safety of         United States citizens and underminethe integrity of United         States financial institutions and ofthe global financial and         trading systems upon which prosperityand growth depend;            (4) certain jurisdictions outsideof the United States that         offer ``offshore'' banking and relatedfacilities designed to         provide anonymity, coupled with weakfinancial supervisory and         enforcement regimes, provide essentialtools to disguise         ownership and movement of criminalfunds, derived from, or used         to commit, offenses ranging fromnarcotics trafficking,         terrorism, arms smuggling, andtrafficking in human beings, to         financial frauds that prey onlaw-abiding citizens;            (5) transactions involving suchoffshore jurisdictions make         it difficult for law enforcementofficials and regulators to         follow the trail of money earned bycriminals, organized         international criminal enterprises, andglobal terrorist         organizations;            (6) correspondent bankingfacilities are one of the banking         mechanisms susceptible in somecircumstances to manipulation by         foreign banks to permit the launderingof funds by hiding the         identity of real parties in interest tofinancial transactions;            (7) private banking services can besusceptible to         manipulation by money launderers, forexample corrupt foreign         government officials, particularly ifthose services include the         creation of offshore accounts andfacilities for large personal         funds transfers to channel funds intoaccounts around the globe; [[Page115 STAT. 297]]             (8) United States anti-moneylaundering efforts are impeded         by outmoded and inadequate statutoryprovisions that make         investigations, prosecutions, andforfeitures more difficult,         particularly in cases in which moneylaundering involves foreign         persons, foreign banks, or foreigncountries;            (9) the ability to mount effectivecounter-measures to         international money launderers requiresnational, as well as         bilateral and multilateral action,using tools specially         designed for that effort; and            (10) the Basle Committee on BankingRegulation and         Supervisory Practices and the FinancialAction Task Force on         Money Laundering, of both of which theUnited States is a         member, have each adopted internationalanti-money laundering         principles and recommendations.     (b) Purposes.--The purposes of this titleare--            (1) to increase the strength ofUnited States measures to         prevent, detect, and prosecuteinternational money laundering         and the financing of terrorism;            (2) to ensure that--                    (A) banking transactionsand financial relationships                 and the conduct of suchtransactions and relationships,                 do not contravene the purposesof subchapter II of                 chapter 53 of title 31, UnitedStates Code, section 21                 of the Federal Deposit Insurance Act, orchapter 2 of                 title I of Public Law 91-508(84 Stat. 1116), or                 facilitate the evasion of anysuch provision; and                    (B) the purposes of suchprovisions of law continue                 to be fulfilled, and suchprovisions of law are                 effectively and efficientlyadministered;            (3) to strengthen the provisionsput into place by the Money         Laundering Control Act of 1986 (18U.S.C. 981 note), especially         with respect to crimes by non-UnitedStates nationals and         foreign financial institutions;            (4) to provide a clear nationalmandate for subjecting to         special scrutiny those foreignjurisdictions, financial         institutions operating outside of theUnited States, and classes         of international transactions or typesof accounts that pose         particular, identifiable opportunitiesfor criminal abuse;            (5) to provide the Secretary of theTreasury (in this title         referred to as the ``Secretary'') withbroad discretion, subject         to the safeguards provided by theAdministrative Procedure Act         under title 5, United States Code, totake measures tailored to         the particular money launderingproblems presented by specific         foreign jurisdictions, financialinstitutions operating outside         of the United States, and classes ofinternational transactions         or types of accounts;            (6) to ensure that the employmentof such measures by the         Secretary permits appropriateopportunity for comment by         affected financial institutions;            (7) to provide guidance to domesticfinancial institutions         on particular foreign jurisdictions,financial institutions         operating outside of the United States,and classes of         international transactions that are ofprimary money laundering         concern to the United StatesGovernment;            (8) to ensure that the forfeitureof any assets in         connection with the anti-terroristefforts of the United States         permits [[Page115 STAT. 298]]         for adequate challenge consistent withproviding due process         rights;            (9) to clarify the terms of thesafe harbor from civil         liability for filing suspiciousactivity reports;            (10) to strengthen the authority ofthe Secretary to issue         and administer geographic targetingorders, and to clarify that         violations of such orders or any otherrequirement imposed under         the authority contained in chapter 2 oftitle I of Public Law         91-508 and subchapters II and III ofchapter 53 of title 31,         United States Code, may result incriminal and civil penalties;            (11) to ensure that all appropriateelements of the         financial services industry are subjectto appropriate         requirements to report potential moneylaundering transactions         to proper authorities, and thatjurisdictional disputes do not         hinder examination of compliance byfinancial institutions with         relevant reporting requirements;            (12) to strengthen the ability offinancial institutions to         maintain the integrity of theiremployee population; and            (13) to strengthen measures toprevent the use of the United         States financial system for personalgain by corrupt foreign         officials and to facilitate therepatriation of any stolen         assets to the citizens of countries towhom such assets belong. SEC.303. <<NOTE: 31 USC 5311 note.>> 4-YEAR CONGRESSIONAL REVIEW;             EXPEDITED CONSIDERATION.     (a) In General.--Effective <<NOTE:Effective date.>> on and after thefirst day of fiscal year 2005, the provisions of this title and the amendmentsmade by this title shall terminate if the Congress enacts a jointresolution, the text after the resolving clause of which is as follows:``That provisions of the International Money Laundering Abatementand Anti-Terrorist Financing Act of 2001, and the amendments madethereby, shall no longer have the force of law.''.     (b) Expedited Consideration.--Any jointresolution submitted pursuantto this section should be considered by the Congress expeditiously.In particular, it shall be considered in the Senate in accordancewith the provisions of section 601(b) of the International SecurityAssistance and Arms Control Act of 1976.  Subtitle A--International Counter MoneyLaundering and Related Measures SEC.311. SPECIAL MEASURES FOR JURISDICTIONS, FINANCIAL INSTITUTIONS, OR             INTERNATIONAL TRANSACTIONS OFPRIMARY MONEY LAUNDERING             CONCERN.     (a) In General.--Subchapter II of chapter53 of title 31, United StatesCode, is amended by inserting after section 5318 the following newsection: ``Sec.5318A. Special measures for jurisdictions, financial                         institutions, orinternational transactions of                         primary moneylaundering concern     ``(a) International Counter-MoneyLaundering Requirements.--            ``(1) In general.--The Secretary ofthe Treasury may require         domestic financial institutions anddomestic financial [[Page115 STAT. 299]]         agencies to take 1 or more of thespecial measures described in         subsection (b) if the Secretary findsthat reasonable grounds         exist for concluding that ajurisdiction outside of the United         States, 1 or more financialinstitutions operating outside of         the United States, 1 or more classes oftransactions within, or         involving, a jurisdiction outside ofthe United States, or 1 or         more types of accounts is of primarymoney laundering concern,         in accordance with subsection (c).            ``(2) Form of requirement.--Thespecial measures described         in--                    ``(A) subsection (b) may beimposed in such sequence                 or combination as the Secretaryshall determine;                    ``(B) paragraphs (1)through (4) of subsection (b)                 may be imposed by regulation,order, or otherwise as                 permitted by law; and                    ``(C) subsection (b)(5) maybe imposed only by                 regulation.            ``(3) Duration of orders;rulemaking.--Any order by which a         special measure described in paragraphs(1) through (4) of         subsection (b) is imposed (other thanan order described in         section 5326)--                    ``(A) shall be issuedtogether with a notice of                 proposed rulemaking relating tothe imposition of such                 special measure; and                    ``(B) may not remain ineffect for more than 120                 days, except pursuant to a rulepromulgated on or before                 the end of the 120-day periodbeginning on the date of                 issuance of such order.            ``(4) Process for selecting specialmeasures.--In selecting         which special measure or measures totake under this subsection,         the Secretary of the Treasury--                    ``(A) shall consult withthe Chairman of the Board                 of Governors of the FederalReserve System, any other                 appropriate Federal bankingagency, as defined in                 section 3 of the FederalDeposit Insurance Act, the                 Secretary of State, theSecurities and Exchange                 Commission, the CommodityFutures Trading Commission,                 the National Credit UnionAdministration Board, and in                 the sole discretion of the Secretary, suchother                 agencies and interested partiesas the Secretary may                 find to be appropriate; and                    ``(B) shall consider--                          ``(i) whether similaraction has been or is                       being taken by othernations or multilateral                       groups;                          ``(ii) whether theimposition of any                       particular specialmeasure would create a                       significant competitivedisadvantage, including                       any undue cost or burdenassociated with                       compliance, for financialinstitutions organized                       or licensed in the UnitedStates;                          ``(iii) the extent towhich the action or the                       timing of the actionwould have a significant                       adverse systemic impacton the international                       payment, clearance, andsettlement system, or on                       legitimate businessactivities involving the                       particular jurisdiction,institution, or class of                       transactions; and                          ``(iv) the effect ofthe action on United                       States national securityand foreign policy. [[Page115 STAT. 300]]             ``(5) No limitation on otherauthority.--This section shall         not be construed as superseding orotherwise restricting any         other authority granted to theSecretary, or to any other         agency, by this subchapter orotherwise.     ``(b) Special Measures.--The specialmeasures referred to in subsection(a), with respect to a jurisdiction outside of the United States,financial institution operating outside of the United States, classof transaction within, or involving, a jurisdiction outside of the UnitedStates, or 1 or more types of accounts are as follows:            ``(1) Recordkeeping and reportingof certain financial         transactions.--                    ``(A) In general.--TheSecretary of the Treasury may                 require any domestic financialinstitution or domestic                 financial agency to maintainrecords, file reports, or                 both, concerning the aggregateamount of transactions,                 or concerning each transaction,with respect to a                 jurisdiction outside of theUnited States, 1 or more                 financial institutionsoperating outside of the United                 States, 1 or more classes oftransactions within, or                 involving, a jurisdictionoutside of the United States,                 or 1 or more types of accounts if theSecretary finds                 any such jurisdiction,institution, or class of                 transactions to be of primarymoney laundering concern.                    ``(B) Form of records andreports.--Such records and                 reports shall be made andretained at such time, in such                 manner, and for such period oftime, as the Secretary                 shall determine, and shallinclude such information as                 the Secretary may determine,including--                          ``(i) the identityand address of the                       participants in atransaction or relationship,                       including the identity ofthe originator of any                       funds transfer;                          ``(ii) the legalcapacity in which a                       participant in anytransaction is acting;                          ``(iii) the identityof the beneficial owner                       of the funds involved in anytransaction, in                       accordance with suchprocedures as the Secretary                       determines to bereasonable and practicable to                       obtain and retain theinformation; and                          ``(iv) a descriptionof any transaction.            ``(2) Information relating tobeneficial ownership.--In         addition to any other requirement underany other provision of         law, the Secretary may require any domesticfinancial         institution or domestic financialagency to take such steps as         the Secretary may determine to bereasonable and practicable to         obtain and retain informationconcerning the beneficial         ownership of any account opened ormaintained in the United         States by a foreign person (other thana foreign entity whose         shares are subject to public reportingrequirements or are         listed and traded on a regulatedexchange or trading market), or         arepresentative of such a foreign person, that involves a         jurisdiction outside of the UnitedStates, 1 or more financial         institutions operating outside of theUnited States, 1 or more         classes of transactions within, orinvolving, a jurisdiction         outside of the United States, or 1 ormore types of accounts if         the Secretary finds any suchjurisdiction, institution, or         transaction or type of account to be ofprimary money laundering         concern. [[Page115 STAT. 301]]             ``(3) Information relating tocertain payable-through         accounts.--If the Secretary finds ajurisdiction outside of the         United States, 1 or more financial institutionsoperating         outside of the United States, or 1 ormore classes of         transactions within, or involving, ajurisdiction outside of the         United States to be of primary moneylaundering concern, the         Secretary may require any domesticfinancial institution or         domestic financial agency that opens ormaintains a payable-        through account in the United Statesfor a foreign financial         institution involving any suchjurisdiction or any such         financial institution operating outsideof the United States, or         a payable through account through whichany such transaction may         be conducted, as a condition of openingor maintaining such         account--                    ``(A) to identify eachcustomer (and representative                 of such customer) of suchfinancial institution who is                 permitted to use, or whosetransactions are routed                 through, such payable-throughaccount; and                    ``(B) to obtain, withrespect to each such customer                 (and each such representative),information that is                 substantially comparable tothat which the depository                 institution obtains in the ordinarycourse of business                 with respect to its customersresiding in the United                 States.            ``(4) Information relating tocertain correspondent         accounts.--If the Secretary finds ajurisdiction outside of the         United States, 1 or more financialinstitutions operating         outside of the United States, or 1 ormore classes of         transactions within, or involving, ajurisdiction outside of the         United States to be of primary money launderingconcern, the         Secretary may require any domesticfinancial institution or         domestic financial agency that opens ormaintains a         correspondent account in the UnitedStates for a foreign         financial institution involving anysuch jurisdiction or any         such financial institution operatingoutside of the United         States, or a correspondent accountthrough which any such         transaction may be conducted, as acondition of opening or         maintaining such account--                    ``(A) to identify eachcustomer (and representative                 of such customer) of any suchfinancial institution who                 is permitted to use, or whosetransactions are routed                 through, such correspondentaccount; and                    ``(B) to obtain, withrespect to each such customer                 (and each such representative),information that is                 substantially comparable tothat which the depository                 institution obtains in theordinary course of business                 with respect to its customersresiding in the United                 States.            ``(5) Prohibitions or conditions onopening or maintaining         certain correspondent or payable-throughaccounts.--If the         Secretary finds a jurisdiction outsideof the United States, 1         or more financial institutionsoperating outside of the United         States, or 1 or more classes oftransactions within, or         involving, a jurisdiction outside ofthe United States to be of         primary money laundering concern, theSecretary, in consultation         with the Secretary of State, theAttorney General, and the         Chairman of the Board of Governors ofthe Federal Reserve         System, may prohibit, or imposeconditions upon, the opening or         maintaining in the United States of acorrespondent account or         payable- through account by anydomestic financial institution         or domestic financial agency for or onbehalf of [[Page115 STAT. 302]]         a foreign banking institution, if suchcorrespondent account or         payable-through account involves anysuch jurisdiction or         institution, or if any such transactionmay be conducted through         such correspondent account orpayable-through account.     ``(c) Consultations and Information To BeConsidered in Finding Jurisdictions,Institutions, Types of Accounts, or Transactions To Be of PrimaryMoney Laundering Concern.--            ``(1) In general.--In making afinding that reasonable         grounds exist for concluding that ajurisdiction outside of the         United States, 1 or more financialinstitutions operating         outside of the United States, 1 or moreclasses of transactions         within, or involving, a jurisdictionoutside of the United         States, or 1 or more types of accountsis of primary money         laundering concern so as to authorizethe Secretary of the         Treasury to take 1 or more of thespecial measures described in         subsection (b), the Secretary shallconsult with the Secretary         of State and the Attorney General.            ``(2) Additional considerations.--Inmaking a finding         described in paragraph (1), theSecretary shall consider in         addition such information as theSecretary determines to be         relevant, including the followingpotentially relevant factors:                    ``(A) Jurisdictional factors.--In thecase of a                 particular jurisdiction--                          ``(i) evidence thatorganized criminal groups,                       international terrorists,or both, have transacted                       business in that jurisdiction;                          ``(ii) the extent towhich that jurisdiction                       or financial institutionsoperating in that                       jurisdiction offer banksecrecy or special                       regulatory advantages tononresidents or                       nondomiciliaries of thatjurisdiction;                          ``(iii) the substanceand quality of                       administration of thebank supervisory and                       counter-money launderinglaws of that                       jurisdiction;                          ``(iv) therelationship between the volume of                       financial transactionsoccurring in that                       jurisdiction and the sizeof the economy of the                       jurisdiction;                          ``(v) the extent towhich that jurisdiction is                       characterized as anoffshore banking or secrecy                       haven by credibleinternational organizations or                       multilateral expertgroups;                          ``(vi) whether theUnited States has a mutual                       legal assistance treatywith that jurisdiction,                       and the experience of United States law                       enforcement officials andregulatory officials in                       obtaining informationabout transactions                       originating in or routedthrough or to such                       jurisdiction; and                          ``(vii) the extent towhich that jurisdiction                       is characterized by highlevels of official or                       institutional corruption.                    ``(B) Institutionalfactors.--In the case of a                 decision to apply 1 or more ofthe special measures                 described in subsection (b)only to a financial                 institution or institutions, orto a transaction or                 class of transactions, or to atype of account, or to                 all 3, within or involving aparticular jurisdiction--                          ``(i) the extent towhich such financial                       institutions,transactions, or types of accounts                       are used to facilitate [[Page115 STAT. 303]]                       or promote moneylaundering in or through the                       jurisdiction;                          ``(ii) the extent towhich such institutions,                       transactions, or types ofaccounts are used for                       legitimate businesspurposes in the jurisdiction;                       and                          ``(iii) the extent towhich such action is                       sufficient to ensure,with respect to transactions                       involving thejurisdiction and institutions                       operating in thejurisdiction, that the purposes                       of this subchaptercontinue to be fulfilled, and                       to guard againstinternational money laundering                       and other financialcrimes.     ``(d) Notification of Special MeasuresInvoked by the Secretary.--Notlater <<NOTE: Deadline.>> than 10 days after the date of any action takenby the Secretary of the Treasury under subsection (a)(1), the Secretaryshall notify, in writing, the Committee on Financial Services ofthe House of Representatives and the Committee on Banking, Housing, andUrban Affairs of the Senate of any such action.     ``(e) Definitions.--Notwithstanding anyother provision of this subchapter,for purposes of this section and subsections (i) and (j) of section5318, the following definitions shall apply:            ``(1) Bank definitions.--Thefollowing definitions shall         apply with respect to a bank:                    ``(A) Account.--The term`account'--                          ``(i) means a formalbanking or business                       relationship established to provideregular                       services, dealings, andother financial                       transactions; and                          ``(ii) includes ademand deposit, savings                       deposit, or othertransaction or asset account and                       a credit account or otherextension of credit.                    ``(B) Correspondentaccount.--The term                 `correspondent account' meansan account established to                 receive deposits from, makepayments on behalf of a                 foreign financial institution,or handle other financial                 transactions related to suchinstitution.                    ``(C) Payable-throughaccount.--The term `payable-                through account' means anaccount, including a                 transaction account (as definedin section 19(b)(1)(C)                 of the Federal Reserve Act),opened at a depository                 institution by a foreignfinancial institution by means                 of which the foreign financialinstitution permits its                 customers to engage, eitherdirectly or through a                 subaccount, in bankingactivities usual in connection                 with the business of banking in theUnited States.            ``(2) Definitions applicable toinstitutions other than         banks.--With respect to any financialinstitution other than a         bank, the Secretary shall, afterconsultation with the         appropriate Federal functionalregulators (as defined in section         509 of the Gramm-Leach-Bliley Act),define by regulation the         term `account', and shall includewithin the meaning of that         term, to the extent, if any, that theSecretary deems         appropriate, arrangements similar topayable-through and         correspondent accounts.            ``(3) Regulatory definition ofbeneficial ownership.--The         Secretary shall promulgate regulationsdefining beneficial         ownership of an account for purposes ofthis section and         subsections (i) and (j) of section5318. Such regulations shall         address issues related to anindividual's authority to fund, [[Page115 STAT. 304]]         direct, or manage the account(including, without limitation,         the power to direct payments into orout of the account), and an         individual's material interest in theincome or corpus of the         account, and shall ensure that theidentification of individuals         under this section does not extend toany individual whose         beneficial interest in the income orcorpus of the account is         immaterial.            ``(4) Other terms.--The Secretarymay, by regulation,         further define the terms in paragraphs(1), (2), and (3), and         define other terms for the purposes ofthis section, as the         Secretary deems appropriate.''.     (b) Clerical Amendment.--The table ofsections for subchapter II of chapter53 of title 31, United States Code, is amended by inserting afterthe item relating to section 5318 the following new item: ``5318A.Special measures for jurisdictions, financial institutions, or            international transactions of primarymoney laundering            concern.''. SEC.312. SPECIAL DUE DILIGENCE FOR CORRESPONDENT ACCOUNTS AND PRIVATE             BANKING ACCOUNTS.     (a) In General.--Section 5318 of title 31,United States Code, is amendedby adding at the end the following:    ``(i) Due Diligence for United StatesPrivate Banking and CorrespondentBank Accounts Involving Foreign Persons.--            ``(1) In general.--Each financialinstitution that         establishes, maintains, administers, ormanages a private         banking account or a correspondentaccount in the United States         for a non-United States person,including a foreign individual         visiting the United States, or arepresentative of a non-United         States person shall establishappropriate, specific, and, where         necessary, enhanced, due diligencepolicies, procedures, and         controls that are reasonably designedto detect and report         instances of money laundering throughthose accounts.            ``(2) Additional standards forcertain correspondent         accounts.--                    ``(A) Ingeneral.--Subparagraph (B) shall apply if a                 correspondent account isrequested or maintained by, or                 on behalf of, a foreign bankoperating--                          ``(i) under anoffshore banking license; or                          ``(ii) under abanking license issued by a                       foreign country that hasbeen designated--                                    ``(I) as noncooperative with                                 internationalanti-money laundering                                 principles orprocedures by an                                intergovernmental group or organization                                 of which theUnited States is a member,                                 with whichdesignation the United States                                 representativeto the group or                                 organization concurs;or                                    ``(II) bythe Secretary of the                                 Treasury aswarranting special measures                                 due to moneylaundering concerns.                    ``(B) Policies, procedures,and controls.--The                 enhanced due diligencepolicies, procedures, and                 controls required underparagraph (1) shall, at a                 minimum, ensure that thefinancial institution in the                 United States takes reasonablesteps--                          ``(i) to ascertainfor any such foreign bank,                       the shares of which arenot publicly traded, the                       identity [[Page115 STAT. 305]]                       of each of the owners of the foreign bank, andthe                       nature and extent of theownership interest of                       each such owner;                          ``(ii) to conductenhanced scrutiny of such                       account to guard againstmoney laundering and                       report any suspicioustransactions under                       subsection (g); and                          ``(iii) to ascertainwhether such foreign bank                       provides correspondentaccounts to other foreign                       banks and, if so, theidentity of those foreign                       banks and related duediligence information, as                       appropriate under paragraph(1).            ``(3) Minimum standards for privatebanking accounts.--If a         private banking account is requested ormaintained by, or on         behalf of, a non-United States person,then the due diligence         policies, procedures, and controlsrequired under paragraph (1)         shall, at a minimum, ensure that thefinancial institution takes         reasonable steps--                    ``(A) to ascertain theidentity of the nominal and                 beneficial owners of, and thesource of funds deposited                 into, such account as needed toguard against money                 laundering and report anysuspicious transactions under                 subsection (g); and                    ``(B) to conduct enhancedscrutiny of any such                 account that is requested ormaintained by, or on behalf                 of, a senior foreign politicalfigure, or any immediate                 family member or closeassociate of a senior foreign                 political figure that is reasonably designedto detect                 and report transactions thatmay involve the proceeds of                 foreign corruption.            ``(4) Definition.--For purposes ofthis subsection, the         following definitions shall apply:                    ``(A) Offshore bankinglicense.--The term `offshore                 banking license' means alicense to conduct banking                 activities which, as acondition of the license,                 prohibits the licensed entity fromconducting banking                 activities with the citizensof, or with the local                 currency of, the country whichissued the license.                    ``(B) Private bankingaccount.--The term `private                 banking account' means anaccount (or any combination of                 accounts) that--                          ``(i) requires aminimum aggregate deposits of                       funds or other assets ofnot less than $1,000,000;                          ``(ii) is establishedon behalf of 1 or more                       individuals who have adirect or beneficial                       ownership interest in theaccount; and                          ``(iii) is assignedto, or is administered or                       managed by, in whole orin part, an officer,                       employee, or agent of afinancial institution                       acting as a liaisonbetween the financial                       institution and thedirect or beneficial owner of                       the account.''.     (b) Regulatory <<NOTE: 31 USC 5318note.>> Authority and Effective Date.--            (1) Regulatory <<NOTE:Deadline.>> authority.--Not later         than 180 days after the date ofenactment of this Act, the         Secretary, in consultation with theappropriate Federal         functional regulators (as defined insection 509 of the Gramm-        Leach-Bliley Act) of the affectedfinancial institutions, shall         further delineate, by regulation, thedue diligence policies,         procedures, and controls required [[Page115 STAT. 306]]         under section 5318(i)(1) of title 31,United States Code, as         added by this section.            (2) Effective date.--Section5318(i) of title 31, United         States Code, as added by this section,shall take effect 270         days after the date of enactment ofthis Act, whether or not         final regulations are issued underparagraph (1), and the         failure to issue such regulations shallin no way affect the         enforceability of this section or theamendments made by this         section. Section 5318(i) of title 31,United States Code, as         added by this section, shall apply withrespect to accounts         covered by that section 5318(i), thatare opened before, on, or         after the date of enactment of thisAct. SEC.313. PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH             FOREIGN SHELL BANKS.     (a) In General.--Section 5318 of title 31,United States Code, as amendedby this title, is amended by adding at the end the following:    ``(j) Prohibition on United StatesCorrespondent Accounts With ForeignShell Banks.--            ``(1) In general.--A financialinstitution described in         subparagraphs (A) through (G) ofsection 5312(a)(2) (in this         subsection referred to as a `coveredfinancial institution')         shall not establish, maintain, administer,or manage a         correspondent account in the UnitedStates for, or on behalf of,         a foreign bank that does not have aphysical presence in any         country.            ``(2) Prevention of indirectservice to foreign shell         banks.--A covered financial institutionshall take reasonable         steps to ensure that any correspondentaccount established,         maintained, administered, or managed bythat covered financial         institution in the United States for aforeign bank is not being         used by that foreign bank to indirectlyprovide banking services         to another foreign bank that does nothave a physical presence         in any country. The Secretary of theTreasury shall, by         regulation, delineate the reasonablesteps necessary to comply         with this paragraph.            ``(3) Exception.--Paragraphs (1)and (2) do not prohibit a         covered financial institution fromproviding a correspondent         account to a foreign bank, if theforeign bank--                    ``(A) is an affiliate of adepository institution,                 credit union, or foreign bankthat maintains a physical                 presence in the United Statesor a foreign country, as                 applicable; and                    ``(B) is subject tosupervision by a banking                 authority in the countryregulating the affiliated                 depository institution, creditunion, or foreign bank                 described in subparagraph (A),as applicable.            ``(4) Definitions.--For purposes ofthis subsection--                    ``(A) the term `affiliate'means a foreign bank that                 is controlled by or is undercommon control with a                 depository institution, creditunion, or foreign bank;                 and                    ``(B) the term `physicalpresence' means a place of                 business that--                          ``(i) is maintainedby a foreign bank;                          ``(ii) is located ata fixed address (other                       than solely an electronicaddress) in a country in                       which the foreign [[Page115 STAT. 307]]                       bank is authorized to conductbanking activities,                       at which location theforeign bank--                                    ``(I)employs 1 or more individuals                                 on a full-timebasis; and                                    ``(II)maintains operating records                                 related to itsbanking activities; and                          ``(iii) is subject toinspection by the                       banking authority which licensedthe foreign bank                       to conduct bankingactivities.''.     (b) Effective <<NOTE: 31 USC 5318note.>> Date.--The amendment made bysubsection (a) shall take effect at the end of the 60-day period beginningon the date of enactment of this Act. SEC.314. <<NOTE: 31 USC 5311 note.>> COOPERATIVE EFFORTS TO DETER MONEY            LAUNDERING.     (a) Cooperation Among FinancialInstitutions, Regulatory Authorities,and Law Enforcement Authorities.--            (1) Regulations.--The <<NOTE:Deadline.>> Secretary shall,         within 120 days after the date ofenactment of this Act, adopt         regulations to encourage furthercooperation among financial         institutions, their regulatoryauthorities, and law enforcement         authorities, with the specific purposeof encouraging regulatory         authorities and law enforcementauthorities to share with         financial institutions informationregarding individuals,         entities, and organizations engaged inor reasonably suspected         based on credible evidence of engagingin terrorist acts or         money laundering activities.            (2) Cooperation and informationsharing procedures.--The         regulations adopted under paragraph (1)may include or create         procedures for cooperation andinformation sharing focusing on--                    (A) matters specificallyrelated to the finances of                 terrorist groups, the means bywhich terrorist groups                 transfer funds around the worldand within the United                 States, including through theuse of charitable                 organizations, nonprofitorganizations, and                 nongovernmental organizations,and the extent to which                 financial institutions in theUnited States are                 unwittingly involved in suchfinances and the extent to                 which such institutions are atrisk as a result;                    (B) the relationship, particularlythe financial                 relationship, betweeninternational narcotics                 traffickers and foreignterrorist organizations, the                 extent to which theirmemberships overlap and engage in                 joint activities, and theextent to which they cooperate                 with each other in raising andtransferring funds for                 their respective purposes; and                    (C) means of facilitatingthe identification of                 accounts and transactionsinvolving terrorist groups and                 facilitating the exchange ofinformation concerning such                 accounts and transactionsbetween financial institutions                 and law enforcementorganizations.            (3) Contents.--The regulationsadopted pursuant to paragraph         (1) may--                    (A) require that eachfinancial institution                 designate 1 or more persons toreceive information                 concerning, and to monitoraccounts of individuals,                 entities, and organizationsidentified, pursuant to                 paragraph (1); and                    (B) further establish procedures for theprotection                 of the shared information,consistent with the capacity,                 size, [[Page115 STAT. 308]]                 and nature of the institutionto which the particular                 procedures apply.            (4) Rule of construction.--Thereceipt of information by a         financial institution pursuant to thissection shall not relieve         or otherwise modify the obligations ofthe financial institution         with respect to any other person oraccount.            (5) Use ofinformation.--Information received by a financial         institution pursuant to this sectionshall not be used for any         purpose other than identifying andreporting on activities that         may involve terrorist acts or moneylaundering activities.     (b) Cooperation Among FinancialInstitutions.--Upon notice provided tothe Secretary, 2 or more financial institutions and any association offinancial institutions may share information with one another regardingindividuals, entities, organizations, and countries suspected ofpossible terrorist or money laundering activities. A financial institutionor association that transmits, receives, or shares such informationfor the purposes of identifying and reporting activities thatmay involve terrorist acts or money laundering activities shall not beliable to any person under any law or regulation of the United States,any constitution, law, or regulation of any State or political subdivisionthereof, or under any contract or other legally enforceable agreement(including any arbitration agreement), for such disclosure or forany failure to provide notice of such disclosure to the person who isthe subject of such disclosure, or any other person identified in the disclosure,except where such transmission, receipt, or sharing violates thissection or regulations promulgated pursuant to this section.    (c) Rule of Construction.--Compliance withthe provisions of this titlerequiring or allowing financial institutions and any association offinancial institutions to disclose or share information regarding individuals,entities, and organizations engaged in or suspected of engagingin terrorist acts or money laundering activities shall not constitutea violation of the provisions of title V of the Gramm-Leach-BlileyAct (Public Law 106-102).    (d) Reports to the Financial ServicesIndustry on Suspicious FinancialActivities.--At least semiannually, the Secretary shall--            (1) publish a report containing adetailed analysis         identifying patterns of suspiciousactivity and other         investigative insights derived fromsuspicious activity reports         and investigations conducted byFederal, State, and local law         enforcement agencies to the extentappropriate; and            (2) distribute such report tofinancial institutions (as         defined in section 5312 of title 31,United States Code). SEC.315. INCLUSION OF FOREIGN CORRUPTION OFFENSES AS MONEY LAUNDERING             CRIMES.     Section 1956(c)(7) of title 18, UnitedStates Code, is amended--            (1) in subparagraph (B)--                    (A) in clause (ii), by striking``or destruction of                 property by means of explosiveor fire'' and inserting                 ``destruction of property bymeans of explosive or fire,                 or a crime of violence (asdefined in section 16)'';                    (B) in clause (iii), by striking``1978'' and                 inserting ``1978)''; and                    (C) by adding at the endthe following: [[Page115 STAT. 309]]                           ``(iv) bribery of apublic official, or the                       misappropriation, theft, orembezzlement of public                       funds by or for thebenefit of a public official;                          ``(v) smuggling orexport control violations                       involving--                                    ``(I) anitem controlled on the                                 United StatesMunitions List established                                 under section38 of the Arms Export                                 Control Act (22U.S.C. 2778); or                                    ``(II) anitem controlled under                                 regulationsunder the Export                                 AdministrationRegulations (15 C.F.R.                                 Parts 730-774);or                          ``(vi) an offensewith respect to which the                       United States would beobligated by a multilateral                       treaty, either toextradite the alleged offender                       or to submit the case for prosecution, if the                       offender were foundwithin the territory of the                       United States;''; and            (2) in subparagraph (D)--                    (A) by inserting ``section541 (relating to goods                 falsely classified),'' before``section 542'';                    (B) by inserting ``section922(1) (relating to the                 unlawful importation offirearms), section 924(n)                 (relating to firearms trafficking),''before ``section                 956'';                    (C) by inserting ``section1030 (relating to                 computer fraud and abuse),''before ``1032''; and                    (D) by inserting ``anyfelony violation of the                 Foreign Agents Registration Actof 1938,'' before ``or                 any felony violation of theForeign Corrupt Practices                 Act''. SEC.316. ANTI-TERRORIST FORFEITURE PROTECTION.     (a) Right <<NOTE: 18 USC 983note.>> to Contest.--An owner of propertythat is confiscated under any provision of law relating to the confiscationof assets of suspected international terrorists, may contestthat confiscation by filing a claim in the manner set forth in theFederal Rules of Civil Procedure (Supplemental Rules for Certain Admiraltyand Maritime Claims), and asserting as an affirmative defense that--            (1) the property is not subject toconfiscation under such         provision of law; or            (2) the innocent owner provisionsof section 983(d) of title         18, United States Code, apply to thecase.     (b) Evidence.--In <<NOTE: 18 USC 983note.>> considering a claim filedunder this section, a court may admit evidence that is otherwise inadmissibleunder the Federal Rules of Evidence, if the court determinesthat the evidence is reliable, and that compliance with the FederalRules of Evidence may jeopardize the national security interests ofthe United States.     (c) <<NOTE: 18 USC 983 note.>>Clarifications.--            (1) Protection of rights.--Theexclusion of certain         provisions of Federal law from thedefinition of the term         ``civil forfeiture statute'' in section983(i) of title 18,         United States Code, shall not beconstrued to deny an owner of         property the right to contest theconfiscation of assets of         suspected international terroristsunder--                    (A) subsection (a) of thissection;                    (B) the Constitution; or [[Page115 STAT. 310]]                     (C) subchapter II ofchapter 5 of title 5, United                 States Code (commonly known asthe ``Administrative                 Procedure Act'').            (2) Savings clause.--Nothing inthis section shall limit or         otherwise affect any other remediesthat may be available to an         owner of property under section 983 oftitle 18, United States         Code, or any other provision of law.     (d) Technical Correction.--Section 983(i)(2)(D)of title 18, United StatesCode, is amended by inserting ``or the International Emergency EconomicPowers Act (IEEPA) (50 U.S.C. 1701 et seq.)'' before the semicolon. SEC.317. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.     Section 1956(b) of title 18, United StatesCode, is amended--            (1) by redesignating paragraphs (1)and (2) as subparagraphs         (A) and (B), respectively, and movingthe margins 2 ems to the         right;            (2) by inserting after ``(b)'' thefollowing: ``Penalties.--            ``(1) In general.--'';            (3) by inserting ``, or section1957'' after ``or (a)(3)'';         and            (4) by adding at the end thefollowing:            ``(2) Jurisdiction over foreignpersons.--For purposes of         adjudicating an action filed orenforcing a penalty ordered         under this section, the district courtsshall have jurisdiction         over any foreign person, including anyfinancial institution         authorized under the laws of a foreigncountry, against whom the         action is brought, if service ofprocess upon the foreign person         is made under the Federal Rules ofCivil Procedure or the laws         of the country in which the foreignperson is found, and--                    ``(A) the foreign personcommits an offense under                 subsection (a) involving afinancial transaction that                 occurs in whole or in part inthe United States;                    ``(B) the foreign personconverts, to his or her own                 use, property in which theUnited States has an                 ownership interest by virtue ofthe entry of an order of                 forfeiture by a court of theUnited States; or                    ``(C) the foreign person isa financial institution                 that maintains a bank accountat a financial institution                 in the United States.            ``(3) Court authority overassets.--A court described in        paragraph (2) may issue a pretrial restraining order or take any         other action necessary to ensure thatany bank account or other         property held by the defendant in theUnited States is available         to satisfy a judgment under thissection.            ``(4) Federal receiver.--                    ``(A) In general.--A courtdescribed in paragraph                 (2) may appoint a FederalReceiver, in accordance with                 subparagraph (B) of thisparagraph, to collect, marshal,                 and take custody, control, andpossession of all assets                 of the defendant, whereverlocated, to satisfy a civil                 judgment under this subsection,a forfeiture judgment                 under section 981 or 982, or acriminal sentence under                 section 1957 or subsection (a)of this section,                 including an order ofrestitution to any victim of a                 specified unlawful activity. [[Page115 STAT. 311]]                     ``(B) Appointment andauthority.--A Federal Receiver                 described in subparagraph (A)--                          ``(i) may beappointed upon application of a                       Federal prosecutor or aFederal or State                       regulator, by the courthaving jurisdiction over                       the defendant in thecase;                          ``(ii) shall be anofficer of the court, and                       the powers of the FederalReceiver shall include                       the powers set out insection 754 of title 28,                       United States Code; and                          ``(iii) shall havestanding equivalent to that                       of a Federal prosecutorfor the purpose of                       submitting requests toobtain information                       regarding the assets ofthe defendant--                                    ``(I) fromthe Financial Crimes                                 EnforcementNetwork of the Department of                                 the Treasury;or                                    ``(II) froma foreign country                                 pursuant to amutual legal assistance                                 treaty, multilateralagreement, or other                                 arrangement forinternational law                                 enforcementassistance, provided that                                 such requestsare in accordance with the                                 policies and procedures of theAttorney                                 General.''. SEC.318. LAUNDERING MONEY THROUGH A FOREIGN BANK.     Section 1956(c) of title 18, United StatesCode, is amended by strikingparagraph (6) and inserting the following:            ``(6) the term `financialinstitution' includes--                    ``(A) any financialinstitution, as defined in                 section 5312(a)(2) of title 31,United States Code, or                 the regulations promulgatedthereunder; and                    ``(B) any foreign bank, asdefined in section 1 of                 the International Banking Actof 1978 (12 U.S.C.                 3101).''. SEC.319. FORFEITURE OF FUNDS IN UNITED STATES INTERBANK ACCOUNTS.     (a) Forfeiture From United States InterbankAccount.--Section 981 of title18, United States Code, is amended by adding at the end the following:    ``(k) Interbank Accounts.--            ``(1) In general.--                    ``(A) In general.--For thepurpose of a forfeiture                 under this section or under theControlled Substances                 Act (21 U.S.C. 801 et seq.), iffunds are deposited into                 an account at a foreign bank,and that foreign bank has                 an interbank account in theUnited States with a covered                 financial institution (asdefined in section 5318(j)(1)                 of title 31), the funds shallbe deemed to have been                 deposited into the interbankaccount in the United                 States, and any restrainingorder, seizure warrant, or                 arrest warrant in rem regardingthe funds may be served                 on the covered financial institution,and funds in the                 interbank account, up to thevalue of the funds                 deposited into the account atthe foreign bank, may be                 restrained, seized, orarrested.                    ``(B) Authority to suspend.--TheAttorney General,                 in consultation with theSecretary of the Treasury, may                 suspend or terminate aforfeiture under this section if                 the Attorney General determinesthat a conflict of law                 exists between the laws of thejurisdiction in which the                 foreign bank is located and thelaws of the United                 States [[Page115 STAT. 312]]                 with respect to liabilitiesarising from the restraint,                 seizure, or arrest of suchfunds, and that such                 suspension or termination wouldbe in the interest of                 justice and would not harm thenational interests of the                 United States.            ``(2) No requirement for governmentto trace funds.--If a         forfeiture action is brought againstfunds that are restrained,         seized, or arrested under paragraph(1), it shall not be         necessary for the Government toestablish that the funds are         directly traceable to the funds thatwere deposited into the         foreign bank, nor shall it be necessaryfor the Government to         rely on the application of section 984.            ``(3) Claims brought by owner ofthe funds.--If a forfeiture         action is instituted against fundsrestrained, seized, or         arrested under paragraph (1), the ownerof the funds deposited         into the account at the foreign bankmay contest the forfeiture         by filing a claim under section 983.            ``(4) Definitions.--For purposes ofthis subsection, the         following definitions shall apply:                    ``(A) Interbankaccount.--The term `interbank                 account' has the same meaningas in section                 984(c)(2)(B).                    ``(B) Owner.--                          ``(i) Ingeneral.--Except as provided in                       clause (ii), the term`owner'--                                    ``(I) means theperson who was the                                 owner, as thatterm is defined in                                 section983(d)(6), of the funds that                                 were depositedinto the foreign bank at                                 the time suchfunds were deposited; and                                    ``(II) doesnot include either the                                 foreign bank orany financial                                 institutionacting as an intermediary in                                 the transfer ofthe funds into the                                 interbankaccount.                          ``(ii)Exception.--The foreign bank may be                       considered the `owner' ofthe funds (and no other                       person shall qualify asthe owner of such funds)                       only if--                                    ``(I) thebasis for the forfeiture                                 action iswrongdoing committed by the                                 foreign bank;or                                    ``(II) theforeign bank establishes,                                 by apreponderance of the evidence, that                                 prior to therestraint, seizure, or                                 arrest of thefunds, the foreign bank                                 had dischargedall or part of its                                 obligation tothe prior owner of the                                 funds, in whichcase the foreign bank                                 shall be deemedthe owner of the funds                                 to the extentof such discharged                                 obligation.''.     (b) Bank Records.--Section 5318 of title31, United States Code, as amendedby this title, is amended by adding at the end the following:    ``(k) Bank Records Related to Anti-MoneyLaundering Programs.--            ``(1) Definitions.--For purposes of thissubsection, the         following definitions shall apply:                    ``(A) Appropriate federalbanking agency.--The term                 `appropriate Federal bankingagency' has the same                 meaning as in section 3 of theFederal Deposit Insurance                 Act (12 U.S.C. 1813).                    ``(B) Incorporatedterm.--The term `correspondent                 account' has the same meaningas in section                 5318A(f)(1)(B). [[Page115 STAT. 313]]             ``(2) 120-hour rule.--Not<<NOTE: Deadline.>>  laterthan         120 hours after receiving a request byan appropriate Federal         banking agency for information relatedto anti-money laundering         compliance by a covered financialinstitution or a customer of         such institution, a covered financialinstitution shall provide         to the appropriate Federal bankingagency, or make available at         a location specified by therepresentative of the appropriate         Federal banking agency, information andaccount documentation         for any account opened, maintained,administered or managed in         the United States by the coveredfinancial institution.            ``(3) Foreign bank records.--                    ``(A) Summons or subpoenaof records.--                          ``(i) Ingeneral.--The Secretary of the                       Treasury or the AttorneyGeneral may issue a                       summons or subpoena toany foreign bank that                       maintains a correspondentaccount in the United                       States and requestrecords related to such                       correspondent account,including records                       maintained outside of theUnited States relating                       to the deposit of fundsinto the foreign bank.                          ``(ii) Service ofsummons or subpoena.--A                       summons or subpoenareferred to in clause (i) may                       be served on the foreignbank in the United States                       if the foreign bank has arepresentative in the                       United States, or in aforeign country pursuant to                       any mutual legalassistance treaty, multilateral                       agreement, or otherrequest for international law                       enforcement assistance.                    ``(B) Acceptance ofservice.--                          ``(i) Maintaining records in theunited                       states.--Any coveredfinancial institution which                       maintains a correspondentaccount in the United                       States for a foreign bankshall maintain records                       in the United Statesidentifying the owners of                       such foreign bank and thename and address of a                       person who resides in theUnited States and is                       authorized to acceptservice of legal process for                       records regarding thecorrespondent account.                          ``(ii) Law<<NOTE: Deadline.>> enforcement                       request.--Upon receipt ofa written request from a                       Federal law enforcementofficer for information                       required to be maintainedunder this paragraph,                       the covered financialinstitution shall provide                       the information to therequesting officer not                       later than 7 days afterreceipt of the request.                    ``(C) Termination ofcorrespondent relationship.--                          ``(i) Terminationupon receipt of notice.--A                       covered financial institution shallterminate any                       correspondentrelationship with a foreign bank not                       later than 10 businessdays after receipt of                       written notice from theSecretary or the Attorney                       General (in each case,after consultation with the                       other) that the foreignbank has failed--                                    ``(I) tocomply with a summons or                                 subpoena issuedunder subparagraph (A);                                 or                                    ``(II) toinitiate proceedings in a                                 United Statescourt contesting such                                 summons orsubpoena. [[Page115 STAT. 314]]                           ``(ii) Limitation onliability.--A covered                       financial institutionshall not be liable to any                       person in any court orarbitration proceeding for                       terminating acorrespondent relationship in                       accordance with thissubsection.                          ``(iii) Failure toterminate relationship.--                      Failure to terminate acorrespondent relationship                       in accordance with thissubsection shall render                       the covered financialinstitution liable for a                       civil penalty of up to$10,000 per day until the                       correspondentrelationship is so terminated.''.     (c) Grace <<NOTE: 31 USC 5318note.>> Period.--Financial institutionsshall have 60 days from the date of enactment of this Act tocomply with the provisions of section 5318(k) of title 31, United StatesCode, as added by this section.     (d) Authority To Order Convicted CriminalTo Return Property Located Abroad.--            (1) Forfeiture of substituteproperty.--Section 413(p) of         the Controlled Substances Act (21U.S.C. 853) is amended to read        as follows:     ``(p) Forfeiture of Substitute Property.--            ``(1) In general.--Paragraph (2) ofthis subsection shall         apply, if any property described insubsection (a), as a result         of any act or omission of the defendant--                    ``(A) cannot be locatedupon the exercise of due                 diligence;                    ``(B) has been transferredor sold to, or deposited                 with, a third party;                    ``(C) has been placedbeyond the jurisdiction of the                 court;                    ``(D) has beensubstantially diminished in value; or                    ``(E) has been commingledwith other property which                 cannot be divided without difficulty.            ``(2) Substitute property.--In anycase described in any of         subparagraphs (A) through (E) ofparagraph (1), the court shall         order the forfeiture of any otherproperty of the defendant, up         to the value of any property describedin subparagraphs (A)         through (E) of paragraph (1), asapplicable.            ``(3) Return of property tojurisdiction.--In the case of         property described in paragraph (1)(C),the court may, in         addition to any other action authorizedby this subsection,         order the defendant to return theproperty to the jurisdiction         of the court so that the property maybe seized and         forfeited.''.            (2) Protective orders.--Section413(e) of the Controlled         Substances Act (21 U.S.C. 853(e)) isamended by adding at the         end the following:            ``(4) Order to repatriate anddeposit.--                    ``(A) In general.--Pursuantto its authority to                 enter a pretrial restrainingorder under this section,                 the court may order a defendantto repatriate any                 property that may be seized andforfeited, and to                 deposit that property pendingtrial in the registry of                 the court, or with the UnitedStates Marshals Service or                 the Secretary of the Treasury,in an interest-bearing                 account, if appropriate.                    ``(B) Failure tocomply.--Failure to comply with an                 order under this subsection, oran order to repatriate                 property under subsection (p),shall be punishable as a                 civil [[Page115 STAT. 315]]                 or criminal contempt of court,and may also result in an                 enhancement of the sentence ofthe defendant under the                 obstruction of justiceprovision of the Federal                 Sentencing Guidelines.''. SEC.320. PROCEEDS OF FOREIGN CRIMES.     Section 981(a)(1)(B) of title 18, UnitedStates Code, is amended to readas follows:            ``(B) Any property, real orpersonal, within the         jurisdiction of the United States,constituting, derived from,         or traceable to, any proceeds obtaineddirectly or indirectly         from an offense against a foreignnation, or any property used         to facilitate such an offense, if theoffense--                    ``(i) involves themanufacture, importation, sale,                 or distribution of a controlledsubstance (as that term                 is defined for purposes of theControlled Substances                 Act), or any other conductdescribed in section                 1956(c)(7)(B);                    ``(ii) would be punishablewithin the jurisdiction                 of the foreign nation by deathor imprisonment for a                 term exceeding 1 year; and                    ``(iii) would be punishableunder the laws of the                 United States by imprisonmentfor a term exceeding 1                 year, if the act or activityconstituting the offense                 had occurred within thejurisdiction of the United                 States.''. SEC.321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II OF CHAPTER             53 OF TITLE 31, UNITED STATES CODE.     (a) Credit Unions.--Subparagraph (E) ofsection 5312(2) of title 31, UnitedStates Code, is amended to read as follows:                    ``(E) any credit union;''.     (b) Futures Commission Merchant; CommodityTrading Advisor; CommodityPool Operator.--Section 5312 of title 31, United States Code, isamended by adding at the end the following new subsection:    ``(c) Additional Definitions.--For purposesof this subchapter, the followingdefinitions shall apply:            ``(1) Certain institutions includedin definition.--The term         `financial institution' (as defined insubsection (a)) includes        the following:                    ``(A) Any futurescommission merchant, commodity                 trading advisor, or commoditypool operator registered,                 or required to register, underthe Commodity Exchange                 Act.''.     (c) CFTC <<NOTE: 31 USC 5318note.>> Included.--For purposes of this Actand any amendment made by this Act to any other provision of law, theterm ``Federal functional regulator'' includes the Commodity Futures TradingCommission. SEC.322. CORPORATION REPRESENTED BY A FUGITIVE.     Section 2466 of title 18, United StatesCode, is amended by designatingthe present matter as subsection (a), and adding at the end thefollowing:    ``(b) Subsection (a) may be applied to aclaim filed by a corporationif any majority shareholder, or individual filing the claim onbehalf of the corporation is a person to whom subsection (a) applies.''. SEC.323. ENFORCEMENT OF FOREIGN JUDGMENTS.     Section 2467 of title 28, United StatesCode, is amended-- [[Page115 STAT. 316]]             (1) in subsection (d), by addingthe following after         paragraph (2):            ``(3) Preservation of property.--                    ``(A) In general.--Topreserve the availability of                 property subject to a foreignforfeiture or confiscation                 judgment, the Government mayapply for, and the court                 may issue, a restraining orderpursuant to section                 983(j) of title 18, at any timebefore or after an                 application is filed pursuantto subsection (c)(1) of                 this section.                    ``(B) Evidence.--The court,in issuing a restraining                 order under subparagraph (A)--                          ``(i) may rely oninformation set forth in an                       affidavit describing thenature of the proceeding                       or investigation underwayin the foreign country,                       and setting forth a reasonablebasis to believe                       that the property to berestrained will be named                       in a judgment offorfeiture at the conclusion of                       such proceeding; or                          ``(ii) may registerand enforce a restraining                       order that has beenissued by a court of competent                       jurisdiction in theforeign country and certified                       by the Attorney Generalpursuant to subsection                       (b)(2).                    ``(C) Limit on grounds forobjection.--No person may                 object to a restraining orderunder subparagraph (A) on                 any ground that is the subjectof parallel litigation                 involving the same propertythat is pending in a foreign                 court.'';            (2) in subsection (b)(1)(C), bystriking ``establishing that         the defendant received notice of theproceedings in sufficient         time to enable the defendant'' andinserting ``establishing that         the foreign nation took steps, inaccordance with the principles         of due process, to give notice of theproceedings to all persons         with an interest in the property insufficient time to enable         such persons'';            (3) in subsection (d)(1)(D), bystriking ``the defendant in         the proceedings in the foreign courtdid not receive notice''         and inserting ``the foreign nation didnot take steps, in         accordance with the principles of dueprocess, to give notice of         the proceedings to a person with aninterest in the property'';         and            (4) in subsection (a)(2)(A), byinserting ``, any violation         of foreign law that would constitute aviolation or an offense         for which property could be forfeitedunder Federal law if the         offense were committed in the UnitedStates'' after ``United         Nations Convention''. SEC.324. <<NOTE: 31 USC 5311 note.>> REPORT AND RECOMMENDATION.     Not <<NOTE: Deadline.>> laterthan 30 months after the date of enactmentof this Act, the Secretary, in consultation with the Attorney General,the Federal banking agencies (as defined at section 3 of the FederalDeposit Insurance Act), the National Credit Union Administration Board,the Securities and Exchange Commission, and such other agencies asthe Secretary may determine, at the discretion of the Secretary, shallevaluate the operations of the provisions of this subtitle and makerecommendations to Congress as to any legislative action with respectto this subtitle as the Secretary may determine to be necessary oradvisable. [[Page115 STAT. 317]] SEC.325. CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS.     Section 5318(h) of title 31, United StatesCode, as amended by section202 of this title, is amended by adding at the end the following:            ``(3) Concentration accounts.--TheSecretary may prescribe         regulations under this subsection thatgovern maintenance of         concentration accounts by financialinstitutions, in order to         ensure that such accounts are not usedto prevent association of         the identity of an individual customerwith the movement of         funds of which the customer is thedirect or beneficial owner,         which regulations shall, at a minimum--                    ``(A) prohibit financialinstitutions from allowing                 clients to direct transactionsthat move their funds                 into, out of, or through theconcentration accounts of                 the financial institution;                    ``(B) prohibit financialinstitutions and their                 employees from informingcustomers of the existence of,                 or the means of identifying,the concentration accounts                 of the institution; and                    ``(C) require eachfinancial institution to                 establish written proceduresgoverning the documentation                 of all transactions involving aconcentration account,                 which procedures shall ensurethat, any time a                 transaction involving aconcentration account commingles                 funds belonging to 1 or morecustomers, the identity of,                 and specific amount belongingto, each customer is                 documented.''. SEC.326. VERIFICATION OF IDENTIFICATION.     (a) In General.--Section 5318 of title 31,United States Code, as amendedby this title, is amended by adding at the end the following:    ``(l) Identification and Verification ofAccountholders.--            ``(1) In general.--Subject<<NOTE: Regulations.>> to the         requirements of this subsection, theSecretary of the Treasury         shall prescribe regulations settingforth the minimum standards         for financial institutions and theircustomers regarding the         identity of the customer that shall applyin connection with the         opening of an account at a financialinstitution.            ``(2) Minimum requirements.--Theregulations shall, at a         minimum, require financial institutionsto implement, and         customers (after being given adequatenotice) to comply with,         reasonable procedures for--                    ``(A) verifying theidentity of any person seeking                 to open an account to theextent reasonable and                 practicable;                    ``(B) maintaining recordsof the information used to                 verify a person's identity,including name, address, and                 other identifying information;and                    ``(C) consulting lists ofknown or suspected                 terrorists or terroristorganizations provided to the                 financial institution by anygovernment agency to                 determine whether a personseeking to open an account                 appears on any such list.            ``(3) Factors to be considered.--Inprescribing regulations         under this subsection, the Secretaryshall take into         consideration the various types ofaccounts maintained by         various types of financialinstitutions, the various methods of         opening [[Page115 STAT. 318]]         accounts, and the various types ofidentifying information         available.            ``(4) Certain financialinstitutions.--In the case of any         financial institution the business ofwhich is engaging in         financial activities described insection 4(k) of the Bank         Holding Company Act of 1956 (includingfinancial activities         subject to the jurisdiction of the CommodityFutures Trading         Commission), the regulations prescribedby the Secretary under         paragraph (1) shall be prescribedjointly with each Federal         functional regulator (as defined insection 509 of the Gramm-        Leach-Bliley Act, including theCommodity Futures Trading         Commission) appropriate for suchfinancial institution.            ``(5) Exemptions.--The Secretary(and, in the case of any         financial institution described inparagraph (4), any Federal         agency described in such paragraph) may, byregulation or order,         exempt any financial institution ortype of account from the         requirements of any regulationprescribed under this subsection         in accordance with such standards andprocedures as the         Secretary may prescribe.            ``(6) Effective date.--Finalregulations prescribed under         this subsection shall take effectbefore the end of the 1-year         period beginning on the date ofenactment of the International         Money Laundering Abatement andFinancial Anti-Terrorism Act of         2001.''.     (b) Study <<NOTE: Deadline.>>and Report Required.--Within 6 months afterthe date of enactment of this Act, the Secretary, in consultation withthe Federal functional regulators (as defined in section 509 of the Gramm-Leach-BlileyAct) and other appropriate Government agencies, shall submita report to the Congress containing recommendations for--            (1) determining the most timely andeffective way to require         foreign nationals to provide domesticfinancial institutions and         agencies with appropriate and accurateinformation, comparable         to that which is required of UnitedStates nationals, concerning         the identity, address, and otherrelated information about such         foreign nationals necessary to enablesuch institutions and         agencies to comply with therequirements of this section;            (2) requiring foreign nationals toapply for and obtain,         before opening an account with adomestic financial institution,         an identification number which wouldfunction similarly to a         Social Security number or taxidentification number; and            (3) establishing a system fordomestic financial         institutions and agencies to reviewinformation maintained by         relevant Government agencies forpurposes of verifying the         identities of foreign nationals seekingto open accounts at         those institutions and agencies. SEC.327. CONSIDERATION OF ANTI-MONEY LAUNDERING RECORD.     (a) Bank Holding Company Act of 1956.--            (1) In general.--Section 3(c) ofthe Bank Holding Company         Act of 1956 (12 U.S.C. 1842(c)) isamended by adding at the end         the following new paragraph:            ``(6) Money laundering.--In everycase, the Board shall take         into consideration the effectiveness ofthe company or companies         in combatting money launderingactivities, including in overseas         branches.''. [[Page115 STAT. 319]]     (2) Scope <<NOTE: 12 USC 1842note.>> of application.--The amendment madeby paragraph (1) shall apply with respect to any application submittedto the Board of Governors of the Federal Reserve System under section3 of the Bank Holding Company Act of 1956 after December 31, 2001,which has not been approved by the Board before the date of enactmentof this Act.     (b) Mergers Subject to Review Under FederalDeposit Insurance Act.--            (1) In general.--Section 18(c) ofthe Federal Deposit         Insurance Act (12 U.S.C. 1828(c)) isamended--                    (A) by redesignatingparagraph (11) as paragraph                 (12); and                    (B) by inserting afterparagraph (10), the following                 new paragraph:            ``(11) Money laundering.--In everycase, the responsible         agency, shall take into considerationthe effectiveness of any         insured depository institution involvedin the proposed merger         transaction in combatting moneylaundering activities, including         in overseas branches.''.            (2) Scope <<NOTE: 12 USC 1828note.>> of application.--The         amendment made by paragraph (1) shallapply with respect to any         application submitted to theresponsible agency under section         18(c) of the Federal Deposit InsuranceAct after December 31,         2001, which has not been approved byall appropriate responsible         agencies before the date of enactmentof this Act. SEC.328. <<NOTE: 31 USC 5311 note.>> INTERNATIONAL COOPERATION ON             IDENTIFICATION OF ORIGINATORS OFWIRE TRANSFERS.     The Secretary shall--            (1) in consultation with theAttorney General and the         Secretary of State, take all reasonablesteps to encourage         foreign governments to require theinclusion of the name of the         originator in wire transferinstructions sent to the United         States and other countries, with theinformation to remain with         the transfer from its origination untilthe point of         disbursement; and            (2) report annually to theCommittee on Financial Services         of the House of Representatives and theCommittee on Banking,         Housing, and Urban Affairs of theSenate on--                    (A) progress toward thegoal enumerated in paragraph                 (1), as well as impediments toimplementation and an                 estimated compliance rate; and                    (B) impediments toinstituting a regime in which all                 appropriate identification, asdefined by the Secretary,                 about wire transfer recipientsshall be included with                 wire transfers from their pointof origination until                 disbursement. SEC.329. <<NOTE: 31 USC 5311 note.>> CRIMINAL PENALTIES.     Any person who is an official or employeeof any department, agency, bureau,office, commission, or other entity of the Federal Government, andany other person who is acting for or on behalf of any such entity, who,directly or indirectly, in connection with the administration of thistitle, corruptly demands, seeks, receives, accepts, or agrees to receiveor accept anything of value personally or for any other person orentity in return for--            (1) being influenced in theperformance of any official act; [[Page115 STAT. 320]]             (2) being influenced to commit oraid in the committing, or         to collude in, or allow, any fraud, ormake opportunity for the         commission of any fraud, on the UnitedStates; or            (3) being induced to do or omit todo any act in violation         of the official duty of such officialor person, shallbe fined in an amount not more than 3 times the monetary equivalentof the thing of value, or imprisoned for not more than 15 years,or both. A violation of this section shall be subject to chapter 227of title 18, United States Code, and the provisions of the United StatesSentencing Guidelines. SEC.330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF MONEY             LAUNDERING, FINANCIAL CRIMES, ANDTHE FINANCES OF TERRORIST             GROUPS.   (a) Negotiations.--It is the sense of theCongress that the President shoulddirect the Secretary of State, the Attorney General, or the Secretaryof the Treasury, as appropriate, and in consultation with the Boardof Governors of the Federal Reserve System, to seek to enter into negotiationswith the appropriate financial supervisory agencies and otherofficials of any foreign country the financial institutions of whichdo business with United States financial institutions or which may beutilized by any foreign terrorist organization (as designated under section219 of the Immigration and Nationality Act), any person who is a memberor representative of any such organization, or any person engaged inmoney laundering or financial or other crimes.    (b) Purposes of Negotiations.--It is thesense of the Congress that, incarrying out any negotiations described in paragraph (1), the Presidentshould direct the Secretary of State, the Attorney General, or theSecretary of the Treasury, as appropriate, to seek to enter into and furthercooperative efforts, voluntary information exchanges, the use of lettersrogatory, mutual legal assistance treaties, and international agreementsto--            (1) ensure that foreign banks andother financial         institutions maintain adequate recordsof transaction and         account information relating to anyforeign terrorist         organization (as designated undersection 219 of the Immigration         and Nationality Act), any person who isa member or         representative of any suchorganization, or any person engaged         in money laundering or financial orother crimes; and          (2) establish a mechanism wherebysuch records may be made         available to United States lawenforcement officials and         domestic financial institutionsupervisors, when appropriate.     Subtitle B--Bank Secrecy Act Amendments andRelated Improvements SEC.351. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES.     (a) Amendment Relating to Civil LiabilityImmunity for Disclosures.--Section5318(g)(3) of title 31, United States Code, is amendedto read as follows:            ``(3) Liability for disclosures.--                    ``(A) In general.--Anyfinancial institution that                 makes a voluntary disclosure ofany possible violation                 of law or regulation to agovernment agency or makes a                 disclosure [[Page115 STAT. 321]]                 pursuant to this subsection orany other authority, and                 any director, officer,employee, or agent of such                 institution who makes, orrequires another to make any                 such disclosure, shall not beliable to any person under                 any law or regulation of theUnited States, any                 constitution, law, orregulation of any State or                 political subdivision of anyState, or under any                 contract or other legallyenforceable agreement                 (including any arbitrationagreement), for such                 disclosure or for any failureto provide notice of such                 disclosure to the person who isthe subject of such                 disclosure or any other personidentified in the                 disclosure.                    ``(B) Rule ofconstruction.--Subparagraph (A) shall                 not be construed as creating--                          ``(i) any inferencethat the term `person', as                       used in suchsubparagraph, may be construed more                       broadly than its ordinaryusage so as to include                       any government or agency ofgovernment; or                          ``(ii) any immunityagainst, or otherwise                       affecting, any civil orcriminal action brought by                       any government or agencyof government to enforce                       any constitution, law, orregulation of such                       government or agency.''.     (b) Prohibition on Notification ofDisclosures.--Section 5318(g)(2) oftitle 31, United States Code, is amended to read as follows:            ``(2) Notification prohibited.--                    ``(A) In general.--If afinancial institution or any                 director, officer, employee, oragent of any financial                 institution, voluntarily orpursuant to this section or                 any other authority, reports asuspicious transaction to                 a government agency--                          ``(i) the financialinstitution, director,                       officer, employee, oragent may not notify any                       person involved in thetransaction that the                       transaction has beenreported; and                          ``(ii) no officer oremployee of the Federal                       Government or of anyState, local, tribal, or                       territorial governmentwithin the United States,                       who has any knowledgethat such report was made                       may disclose to anyperson involved in the                       transaction that thetransaction has been                       reported, other than asnecessary to fulfill the                       official duties of suchofficer or employee.                    ``(B) Disclosures incertain employment                 references.--                          ``(i) Rule ofconstruction.--Notwithstanding                       the application ofsubparagraph (A) in any other                       context, subparagraph (A)shall not be construed                       as prohibiting anyfinancial institution, or any                       director, officer,employee, or agent of such                       institution, fromincluding information that was                       included in a report to whichsubparagraph (A)                       applies--                                    ``(I) in awritten employment                                 reference thatis provided in accordance                                 with section 18(w) of the Federal                                 DepositInsurance Act in response to a                                 request fromanother financial                                 institution; or                                    ``(II) in awritten termination                                 notice oremployment reference that is                                 provided inaccordance with [[Page115 STAT. 322]]                                 the rules of a self-regulatory                                 organizationregistered with the                                 Securities andExchange Commission or                                 the CommodityFutures Trading                                 Commission,                      except that such writtenreference or notice may                       not disclose that suchinformation was also                       included in any suchreport, or that such report                       was made.                          ``(ii) Informationnot required.--Clause (i)                       shall not be construed,by itself, to create any                       affirmative duty toinclude any information                       described in clause (i)in any employment                       reference or terminationnotice referred to in                       clause (i).''. SEC.352. ANTI-MONEY LAUNDERING PROGRAMS.     (a) In General.--Section 5318(h) of title31, United States Code, is amendedto read as follows:    ``(h) Anti-money Laundering Programs.--            ``(1) In general.--In order toguard against money         laundering through financialinstitutions, each financial         institution shall establish anti-moneylaundering programs,         including, at a minimum--                    ``(A) the development ofinternal policies,                 procedures, and controls;                    ``(B) the designation of acompliance officer;                    ``(C) an ongoing employeetraining program; and                    ``(D) an independent auditfunction to test                 programs.            ``(2) Regulations.--The Secretaryof the Treasury, after         consultation with the appropriateFederal functional regulator         (as defined in section 509 of theGramm-Leach-Bliley Act), may         prescribe minimum standards forprograms established under         paragraph (1), and may exempt from theapplication of those         standards any financial institutionthat is not subject to the         provisions of the rules contained inpart 103 of title 31, of         the Code of Federal Regulations, or anysuccessor rule thereto,         for so long as such financialinstitution is not subject to the        provisions of such rules.''.     (b) Effective <<NOTE: 31 USC 5318note.>> Date.--The amendment made bysubsection (a) shall take effect at the end of the 180-day period beginningon the date of enactment of this Act.     (c) Date <<NOTE: 31 USC 5318note.>> of Application of Regulations; Factorsto Be Taken Into Account.--Before the end of the 180-day period beginningon the date of enactment of this Act, the Secretary shall prescriberegulations that consider the extent to which the requirements imposedunder this section are commensurate with the size, location, and activitiesof the financial institutions to which such regulations apply. SEC.353. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING ORDERS AND             CERTAIN RECORDKEEPING REQUIREMENTS,AND LENGTHENING             EFFECTIVE PERIOD OF GEOGRAPHICTARGETING ORDERS.     (a) Civil Penalty for Violation ofTargeting Order.--Section 5321(a)(1)of title 31, United States Code, is amended--            (1) by inserting ``or orderissued'' after ``subchapter or a         regulation prescribed''; and            (2) by inserting ``, or willfullyviolating a regulation         prescribed under section 21 of theFederal Deposit Insurance Act [[Page115 STAT. 323]]         or section 123 of Public Law 91-508,''after ``sections 5314 and         5315)''.     (b) Criminal Penalties for Violation ofTargeting Order.--Section 5322of title 31, United States Code, is amended--            (1) in subsection (a)--                    (A) by inserting ``or orderissued'' after                 ``willfully violating thissubchapter or a regulation                 prescribed''; and                    (B) by inserting ``, orwillfully violating a                 regulation prescribed undersection 21 of the Federal                 Deposit Insurance Act orsection 123 of Public Law 91-                508,'' after ``under section5315 or 5324)''; and            (2) in subsection (b)--                    (A) by inserting ``or orderissued'' after                 ``willfully violating thissubchapter or a regulation                 prescribed''; and                    (B) by inserting ``orwillfully violating a                 regulation prescribed undersection 21 of the Federal                 Deposit Insurance Act orsection 123 of Public Law 91-                508,'' after ``under section5315 or 5324),''.     (c) Structuring Transactions To EvadeTargeting Order or Certain RecordkeepingRequirements.--Section 5324(a) of title 31, United States Code,is amended--            (1) by inserting a comma after``shall'';            (2) by striking ``section--'' andinserting ``section, the         reporting or recordkeeping requirementsimposed by any order         issued under section 5326, or therecordkeeping requirements         imposed by any regulation prescribedunder section 21 of the         Federal Deposit Insurance Act orsection 123 of Public Law 91-        508--'';            (3) in paragraph (1), by inserting``, to file a report or         to maintain a record required by anorder issued under section         5326, or to maintain a record requiredpursuant to any         regulation prescribed under section 21of the Federal Deposit         Insurance Act or section 123 of Public Law91-508'' after         ``regulation prescribed under any suchsection''; and            (4) in paragraph (2), by inserting``, to file a report or         to maintain a record required by anyorder issued under section         5326, or to maintain a record requiredpursuant to any         regulation prescribed under section5326, or to maintain a         record required pursuant to anyregulation prescribed under         section 21 of the Federal Deposit InsuranceAct or section 123         of Public Law 91-508,'' after``regulation prescribed under any         such section''.     (d) Lengthening Effective Period ofGeographic Targeting Orders.--Section5326(d) of title 31, United States Code, is amended by striking ``morethan 60'' and inserting ``more than 180''. SEC.354. ANTI-MONEY LAUNDERING STRATEGY.     Section 5341(b) of title 31, United StatesCode, is amended by addingat the end the following:            ``(12) Data regarding funding ofterrorism.--Data concerning         money laundering efforts related to thefunding of acts of         international terrorism, and effortsdirected at the prevention,         detection, and prosecution of suchfunding.''. [[Page115 STAT. 324]] SEC.355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL ACTIVITY IN             WRITTEN EMPLOYMENT REFERENCES.     Section 18 of the Federal Deposit InsuranceAct (12 U.S.C. 1828) is amendedby adding at the end the following:    ``(w) Written Employment References MayContain Suspicions of Involvementin Illegal Activity.--            ``(1) Authority to discloseinformation.--Notwithstanding         any other provision of law, any insureddepository institution,         and any director, officer, employee, oragent of such         institution, may disclose in anywritten employment reference         relating to a current or formerinstitution-affiliated party of         such institution which is provided toanother insured depository         institution in response to a requestfrom such other         institution, information concerning thepossible involvement of         such institution-affiliated party inpotentially unlawful         activity.            ``(2) Information notrequired.--Nothing in paragraph (1)         shall be construed, by itself, tocreate any affirmative duty to         include any information described inparagraph (1) in any         employment reference referred to in paragraph(1).            ``(3) Maliciousintent.--Notwithstanding any other provision         of this subsection, voluntarydisclosure made by an insured         depository institution, and anydirector, officer, employee, or         agent of such institution under thissubsection concerning         potentially unlawful activity that ismade with malicious         intent, shall not be shielded fromliability from the person         identified in the disclosure.            ``(4) Definition.--For purposes ofthis subsection, the term         `insured depository institution'includes any uninsured branch         or agency of a foreign bank.''. SEC.356. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES BROKERS AND             DEALERS; INVESTMENT COMPANY STUDY.     (a) Deadline <<NOTE: 31 USC 5318note.>> for Suspicious Activity ReportingRequirements for Registered Brokers and<<NOTE: Regulations.3Federal Register, publication.>> Dealers.--TheSecretary,after consultation with the Securities and Exchange Commissionand the Board of Governors of the Federal Reserve System, shallpublish proposed regulations in the Federal Register before January1, 2002, requiring brokers and dealers registered with the Securitiesand Exchange Commission under the Securities Exchange Act of 1934to submit suspicious activity reports under section 5318(g) of title31, United States Code. Such regulations shall be published in finalform not later than July 1, 2002.     (b) Suspicious <<NOTE: 31 USC 5318note.>> Activity Reporting RequirementsFor Futures Commission Merchants, Commodity Trading Advisors,and Commodity Pool Operators.--The Secretary, in consultation withthe Commodity Futures Trading Commission, may prescribe regulations requiringfutures commission merchants, commodity trading advisors, and commoditypool operators registered under the Commodity Exchange Act to submitsuspicious activity reports under section 5318(g) of title 31, UnitedStates Code.     (c) Report <<NOTE: 31 USC 5311note.>> on Investment Companies.--            (1) In <<NOTE:Deadline.>> general.--Not later than 1 year         after the date of enactment of thisAct, the Secretary, the         Board of Governors of the FederalReserve System, and the         Securities and Exchange Commissionshall jointly submit a report         to the Congress on recommendations foreffective regulations to         apply the requirements of subchapter IIof chapter 53 of title         31, [[Page115 STAT. 325]]         United States Code, to investmentcompanies pursuant to section         5312(a)(2)(I) of title 31, UnitedStates Code.            (2) Definition.--For purposes ofthis subsection, the term         ``investment company''--                    (A) has the same meaning asin section 3 of the                 Investment Company Act of 1940(15 U.S.C. 80a-3); and                    (B) includes any personthat, but for the exceptions                 provided for in paragraph (1) or (7) ofsection 3(c) of                 the Investment Company Act of1940 (15 U.S.C. 80a-3(c)),                 would be an investment company.            (3) Additionalrecommendations.--The report required by         paragraph (1) may make differentrecommendations for different         types of entities covered by thissubsection.            (4) Beneficial ownership ofpersonal holding companies.--The         report described in paragraph (1) shallalso include         recommendations as to whether theSecretary should promulgate         regulations to treat any corporation orbusiness or other         grantor trust whose assets arepredominantly securities, bank         certificates of deposit, or other securitiesor investment         instruments (other than such as relateto operating subsidiaries         of such corporation or trust) and thathas 5 or fewer common         shareholders or holders of beneficialor other equity interest,         as a financial institution within themeaning of that phrase in         section 5312(a)(2)(I) and whether torequire such corporations         or trusts to disclose their beneficialowners when opening         accounts or initiating funds transfersat any domestic financial         institution. SEC.357. SPECIAL REPORT ON ADMINISTRATION OF BANK SECRECY PROVISIONS.     (a) Report <<NOTE: Deadline.>>Required.--Not later than 6 months afterthe date of enactment of this Act, the Secretary shall submit a reportto the Congress relating to the role of the Internal Revenue Servicein the administration of subchapter II of chapter 53 of title 31,United States Code (commonly known as the ``Bank Secrecy Act'').     (b) Contents.--The report required bysubsection (a)--            (1) shall specifically address, andcontain recommendations         concerning--                    (A) whether it is advisableto shift the processing                 of information reporting to theDepartment of the                 Treasury under the Bank SecrecyAct provisions to                 facilities other than thosemanaged by the Internal                 Revenue Service; and                    (B) whether it remainsreasonable and efficient, in                 light of the objective of bothanti-money-laundering                 programs and Federal taxadministration, for the                 Internal Revenue Service toretain authority and                 responsibility for audit andexamination of the                 compliance of money servicesbusinesses and gaming                 institutions with those BankSecrecy Act provisions; and            (2) shall, if the Secretarydetermines that the information         processing responsibility or the auditand examination         responsibility of the Internal RevenueService, or both, with         respect to those Bank Secrecy Actprovisions should be         transferred to other agencies, includethe specific         recommendations of the Secretaryregarding the agency or         agencies to which any such functionshould be transferred,         complete with a budgetary and resourcesplan for expeditiously         accomplishing the transfer. [[Page115 STAT. 326]] SEC.358. BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED STATES             INTELLIGENCE AGENCIES TO FIGHTINTERNATIONAL TERRORISM.     (a) Amendment Relating to the Purposes ofChapter 53 of Title 31, UnitedStates Code.--Section 5311 of title 31, United States Code, is amendedby inserting before the period at the end the following: ``, or inthe conduct of intelligence or counterintelligence activities, includinganalysis, to protect against international terrorism''.    (b) Amendment Relating to Reporting ofSuspicious Activities.--Section5318(g)(4)(B) of title 31, United States Code, is amended by striking``or supervisory agency'' and inserting ``, supervisory agency, orUnited States intelligence agency for use in the conduct of intelligenceor counterintelligence activities, including analysis, to protectagainst international terrorism''.    (c) Amendment Relating to Availability ofReports.--Section 5319 of title31, United States Code, is amended to read as follows: ``Sec.5319. Availability of reports     ``The Secretary of the Treasury shall makeinformation in a report filedunder this subchapter available to an agency, including any State financialinstitutions supervisory agency, United States intelligence agencyor self-regulatory organization registered with the Securities andExchange Commission or the Commodity Futures Trading Commission, uponrequest of the head of the agency or organization. The report shall beavailable for a purpose that is consistent with this subchapter. The Secretarymay only require reports on the use of such information by any Statefinancial institutions supervisory agency for other than supervisorypurposes or by United States intelligence agencies. However, areport and records of reports are exempt from disclosure under section 552of title 5.''.    (d) Amendment Relating to the Purposes ofthe Bank Secrecy Act Provisions.--Section21(a) of the Federal Deposit Insurance Act (12 U.S.C.1829b(a)) is amended to read as follows:    ``(a) Congressional Findings andDeclaration of Purpose.--            ``(1) Findings.--Congress findsthat--                    ``(A) adequate recordsmaintained by insured                 depository institutions have ahigh degree of usefulness                 in criminal, tax, andregulatory investigations or                 proceedings, and that, giventhe threat posed to the                 security of the Nation on andafter the terrorist                 attacks against the UnitedStates on September 11, 2001,                 such records may also have ahigh degree of usefulness                 in the conduct of intelligenceor counterintelligence                 activities, including analysis,to protect against                 domestic and internationalterrorism; and                    ``(B) microfilm or otherreproductions and other                 records made by insureddepository institutions of                 checks, as well as records kept by suchinstitutions, of                 the identity of personsmaintaining or authorized to act                 with respect to accountstherein, have been of                 particular value in proceedingsdescribed in                 subparagraph (A).            ``(2) Purpose.--It is the purposeof this section to require         the maintenance of appropriate types ofrecords by insured         depository institutions in the UnitedStates where such records [[Page115 STAT. 327]]         have a high degree of usefulness incriminal, tax, or regulatory         investigations or proceedings,recognizes that, given the threat         posed to the security of the Nation onand after the terrorist         attacks against the United States onSeptember 11, 2001, such         records may also have a high degree ofusefulness in the conduct         of intelligence or counterintelligenceactivities, including         analysis, to protect against internationalterrorism.''.     (e) Amendment Relating to the Purposes ofthe Bank Secrecy Act.--Section123(a) of Public Law 91-508 (12 U.S.C. 1953(a)) is amended to readas follows:    ``(a) Regulations.--If the Secretarydetermines that the maintenance ofappropriate records and procedures by any uninsured bank or uninsured institution,or any person engaging in the business of carrying on in theUnited States any of the functions referred to in subsection (b), hasa high degree of usefulness in criminal, tax, or regulatory investigationsor proceedings, and that, given the threat posed to the securityof the Nation on and after the terrorist attacks against the UnitedStates on September 11, 2001, such records may also have a high degreeof usefulness in the conduct of intelligence or counterintelligenceactivities, including analysis, to protect against internationalterrorism, he may by regulation require such bank, institution,or person.''.    (f) Amendments to the Right to FinancialPrivacy Act.--The Right to FinancialPrivacy Act of 1978 is amended--            (1) in section 1112(a) (12 U.S.C.3412(a)), by inserting ``,         or intelligence or counterintelligenceactivity, investigation         or analysis related to internationalterrorism'' after         ``legitimate law enforcement inquiry'';            (2) in section 1114(a)(1) (12U.S.C. 3414(a)(1))--                    (A) in subparagraph (A), bystriking ``or'' at the                 end;                    (B) in subparagraph (B), bystriking the period at                 the end and inserting ``; or'';and                    (C) by adding at the endthe following:                    ``(C) a Governmentauthority authorized to conduct                 investigations of, orintelligence or                 counterintelligence analysesrelated to, international                 terrorism for the purpose ofconducting such                 investigations or analyses.'';and            (3) in section 1120(a)(2) (12 U.S.C.3420(a)(2)), by         inserting ``, or for a purposeauthorized by section 1112(a)''         before the semicolon at the end.     (g) Amendment to the Fair Credit ReportingAct.--            (1) In general.--The Fair CreditReporting Act (15 U.S.C.         1681 et seq.) is amended--                    (A) by redesignating thesecond of the 2 sections                 designated as section 624 (15U.S.C. 1681u) (relating to                 disclosure to FBI forcounterintelligence purposes) as                 section 625; and                    (B) by adding at the endthe following new section: ``Sec.626. <<NOTE: 15 USC 1681v.>> Disclosures to governmental agencies                         for counterterrorismpurposes     ``(a) Disclosure.--Notwithstanding section604 or any other provisionof this title, a consumer reporting agency shall furnish a consumerreport of a consumer and all other information in a consumer's fileto a government agency authorized to conduct investigations of, or intelligenceor counterintelligence activities or analysis related to, internationalterrorism when presented with [[Page115 STAT. 328]] awritten certification by such government agency that such information isnecessary for the agency's conduct or such investigation, activity or analysis.    ``(b) Form of Certification.--The certification described in subsection(a) shall be signed by a supervisory official designated by thehead of a Federal agency or an officer of a Federal agency whose appointmentto office is required to be made by the President, by and withthe advice and consent of the Senate.    ``(c) Confidentiality.--No consumerreporting agency, or officer, employee,or agent of such consumer reporting agency, shall disclose to anyperson, or specify in any consumer report, that a government agency hassought or obtained access to information under subsection (a).    ``(d) Rule of Construction.--Nothing insection 625 shall be construedto limit the authority of the Director of the Federal Bureau ofInvestigation under this section.    ``(e) Safe Harbor.--Notwithstanding anyother provision of this title,any consumer reporting agency or agent or employee thereof making disclosureof consumer reports or other information pursuant to this sectionin good-faith reliance upon a certification of a governmental agencypursuant to the provisions of this section shall not be liable to anyperson for such disclosure under this subchapter, the constitution ofany State, or any law or regulation of any State or any political subdivisionof any State.''.            (2) Clerical amendments.--The tableof sections for the Fair         Credit Reporting Act (15 U.S.C. 1681 etseq.) is amended--                    (A) by redesignating thesecond of the 2 items                 designated as section 624 assection 625; and                    (B) by inserting after theitem relating to section                 625 (as so redesignated) thefollowing new item: ``626.Disclosures to governmental agencies for counterterrorism            purposes.''.     (h) Application <<NOTE: 12 USC 1829bnote.>> of Amendments.--The amendmentsmade by this section shall apply with respect to reports filedor records maintained on, before, or after the date of enactment ofthis Act. SEC.359. REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND BANKING             SYSTEMS.     (a) Definition for Subchapter.--Section5312(a)(2)(R) of title 31, UnitedStates Code, is amended to read as follows:                    ``(R) a licensed sender ofmoney or any other person                 who engages as a business inthe transmission of funds,                 including any person whoengages as a business in an                 informal money transfer systemor any network of people                 who engage as a business infacilitating the transfer of                 money domestically orinternationally outside of the                 conventional financialinstitutions system;''.     (b) Money Transmitting Business.--Section5330(d)(1)(A) of title 31, UnitedStates Code, is amended by inserting before the semicolon the following:``or any other person who engages as a business in the transmissionof funds, including any person who engages as a business in aninformal money transfer system or any network of people who engage as abusiness in facilitating the transfer of money domestically or internationallyoutside of the conventional financial institutions system;''.    (c) Applicability of Rules.--Section 5318of title 31, United States Code,as amended by this title, is amended by adding at the end the following: [[Page115 STAT. 329]]     ``(l) Applicability of Rules.--Any rulespromulgated pursuant to the authoritycontained in section 21 of the Federal Deposit Insurance Act (12U.S.C. 1829b) shall apply, in addition to any other financial institutionto which such rules apply, to any person that engages as a businessin the transmission of funds, including any person who engages asa business in an informal money transfer system or any network of peoplewho engage as a business in facilitating the transfer of money domesticallyor internationally outside of the conventional financial institutionssystem.''.    (d) Report.--Not <<NOTE: Deadline. 31USC 5311 note.>> later than 1 yearafter the date of enactment of this Act, the Secretary of the Treasuryshall report to Congress on the need for any additional legislationrelating to persons who engage as a business in an informal moneytransfer system or any network of people who engage as a business infacilitating the transfer of money domestically or internationally outsideof the conventional financial institutions system, counter money launderingand regulatory controls relating to underground money movementand banking systems, including whether the threshold for the filingof suspicious activity reports under section 5318(g) of title 31, UnitedStates Code should be lowered in the case of such systems. SEC.360. <<NOTE: 22 USC 262p-4r.>> USE OF AUTHORITY OF UNITED STATES             EXECUTIVE DIRECTORS.     (a) Action by the President.--If thePresident determines that a particularforeign country has taken or has committed to take actions thatcontribute to efforts of the United States to respond to, deter, or preventacts of international terrorism, the Secretary may, consistent withother applicable provisions of law, instruct the United States ExecutiveDirector of each international financial institution to use thevoice and vote of the Executive Director to support any loan or otherutilization of the funds of respective institutions for such country,or any public or private entity within such country.    (b) Use of Voice and Vote.--The Secretarymay instruct the United StatesExecutive Director of each international financial institution to aggressivelyuse the voice and vote of the Executive Director to require anauditing of disbursements at such institutions to ensure that no fundsare paid to persons who commit, threaten to commit, or support terrorism.    (c) Definition.--For purposes of thissection, the term ``internationalfinancial institution'' means an institution described insection 1701(c)(2) of the International Financial Institutions Act (22U.S.C. 262r(c)(2)). SEC.361. FINANCIAL CRIMES ENFORCEMENT NETWORK.     (a) In General.--Subchapter I of chapter 3of title 31, United StatesCode, is amended--            (1) by redesignating section 310 assection 311; and            (2) by inserting after section 309the following new         section: ``Sec.310. Financial Crimes Enforcement Network     ``(a) In General.--The Financial CrimesEnforcement Network establishedby order of the Secretary of the Treasury (Treasury Order Numbered105-08, in this section referred to as `FinCEN') on April 25, 1990,shall be a bureau in the Department of the Treasury.    ``(b) Director.-- [[Page115 STAT. 330]]             ``(1) Appointment.--The head ofFinCEN shall be the         Director, who shall be appointed by theSecretary of the         Treasury.            ``(2) Duties and powers.--Theduties and powers of the         Director are as follows:                    ``(A) Advise and makerecommendations on matters                 relating to financialintelligence, financial criminal                 activities, and other financialactivities to the Under                 Secretary of the Treasury forEnforcement.                    ``(B) Maintain agovernment-wide data access                 service, with access, inaccordance with applicable                 legal requirements, to thefollowing:                          ``(i) Informationcollected by the Department                       of the Treasury,including report information                       filed under subchapter IIof chapter 53 of this                       title (such as reports oncash transactions,                       foreign financial agencytransactions and                       relationships, foreigncurrency transactions,                       exporting and importingmonetary instruments, and                       suspicious activities),chapter 2 of title I of                       Public Law 91-508, andsection 21 of the Federal                       Deposit Insurance Act.                          ``(ii) Informationregarding national and                       international currencyflows.                          ``(iii) Other recordsand data maintained by                       other Federal, State,local, and foreign agencies,                       including financial and other recordsdeveloped in                       specific cases.                          ``(iv) Otherprivately and publicly available                       information.                    ``(C) Analyze anddisseminate the available data in                 accordance with applicablelegal requirements and                 policies and guidelinesestablished by the Secretary of                 the Treasury and the UnderSecretary of the Treasury for                 Enforcement to--                          ``(i) identifypossible criminal activity to                       appropriate Federal,State, local, and foreign law                       enforcement agencies;                          ``(ii) supportongoing criminal financial                       investigations andprosecutions and related                       proceedings, includingcivil and criminal tax and                       forfeiture proceedings;                          ``(iii) identifypossible instances of                       noncompliance withsubchapter II of chapter 53 of                       this title, chapter 2 oftitle I of Public Law 91-                      508, and section 21 ofthe Federal Deposit                       Insurance Act to Federal agencieswith statutory                       responsibility forenforcing compliance with such                       provisions and otherappropriate Federal                       regulatory agencies;                          ``(iv) evaluate and recommendpossible uses of                       special currencyreporting requirements under                       section 5326;                          ``(v) determineemerging trends and methods in                       money laundering and other financial crimes;                          ``(vi) support theconduct of intelligence or                       counterintelligenceactivities, including                       analysis, to protectagainst international                       terrorism; and                          ``(vii) supportgovernment initiatives against                       money laundering. [[Page115 STAT. 331]]                     ``(D) Establish andmaintain a financial crimes                 communications center to furnish lawenforcement                 authorities with intelligenceinformation related to                 emerging or ongoinginvestigations and undercover                 operations.                    ``(E) Furnish research,analytical, and                 informational services tofinancial institutions,                 appropriate Federal regulatoryagencies with regard to                 financial institutions, andappropriate Federal, State,                 local, and foreign lawenforcement authorities, in                 accordance with policies andguidelines established by                 the Secretary of the Treasuryor the Under Secretary of                 the Treasury for Enforcement,in the interest of                 detection, prevention, andprosecution of terrorism,                 organized crime, moneylaundering, and other financial                 crimes.                    ``(F) Assist Federal,State, local, and foreign law                 enforcement and regulatory authorities incombatting the                 use of informal, nonbanknetworks and payment and barter                 system mechanisms that permitthe transfer of funds or                 the equivalent of funds withoutrecords and without                 compliance with criminal andtax laws.                    ``(G) Provide computer anddata support and data                 analysis to the Secretary ofthe Treasury for tracking                 and controlling foreign assets.                    ``(H) Coordinate withfinancial intelligence units                 in other countries onanti-terrorism and anti-money                 laundering initiatives, andsimilar efforts.                    ``(I) Administer therequirements of subchapter II                 of chapter 53 of this title,chapter 2 of title I of                 Public Law 91-508, and section21 of the Federal Deposit                 Insurance Act, to the extentdelegated such authority by                 the Secretary of the Treasury.                    ``(J) Such other duties andpowers as the Secretary                 of the Treasury may delegate orprescribe.     ``(c) Requirements Relating to Maintenanceand Use of Data Banks.--TheSecretary of the Treasury shall establish and maintain operating procedureswith respect to the government-wide data access service and thefinancial crimes communications center maintained by FinCEN which provide--            ``(1) for the coordinated andefficient transmittal of         information to, entry of informationinto, and withdrawal of         information from, the data maintenancesystem maintained by the         Network, including--                    ``(A) the submission ofreports through the Internet                 or other secure network,whenever possible;                    ``(B) the cataloguing ofinformation in a manner                 that facilitates rapidretrieval by law enforcement                 personnel of meaningful data;and                    ``(C) a procedure thatprovides for a prompt initial                 review of suspicious activityreports and other reports,                 or such other means as theSecretary may provide, to                 identify information thatwarrants immediate action; and            ``(2) in accordance with section552a of title 5 and the         Right to Financial Privacy Act of 1978,appropriate standards         and guidelines for determining--                    ``(A) who is to be givenaccess to the information                 maintained by the Network;                    ``(B) what limits are to beimposed on the use of                 such information; and [[Page115 STAT. 332]]                     ``(C) how information aboutactivities or                 relationships which involve orare closely associated                 with the exercise ofconstitutional rights is to be                 screened out of the datamaintenance system.     ``(d) Authorization ofAppropriations.--There are authorized to be appropriatedfor FinCEN such sums as may be necessary for fiscal years 2002,2003, 2004, and 2005.''.    (b) Compliance <<NOTE: 31 USC 5314note.>> With Reporting Requirements.--TheSecretary of the Treasury shall study methods for improvingcompliance with the reporting requirements established in section5314 of title 31, United States Code, and shall submit a report onsuch study to the Congress by the end of the 6-month period beginning onthe date of enactment of this Act and each 1-year period thereafter. Theinitial report shall include historical data on compliance with such reportingrequirements.     (c) Clerical Amendment.--The table ofsections for subchapter I of chapter3 of title 31, United States Code, is amended--            (1) by redesignating the itemrelating to section 310 as         section 311; and            (2) by inserting after the itemrelating to section 309 the         following new item: ``310.Financial Crimes Enforcement Network.''. SEC.362. <<NOTE: 31 USC 310 note.>> ESTABLISHMENT OF HIGHLY SECURE             NETWORK.     (a) In General.--The Secretary shallestablish a highly secure networkin the Financial Crimes Enforcement Network that--            (1) allows financial institutionsto file reports required         under subchapter II or III of chapter53 of title 31, United         States Code, chapter 2 of Public Law91-508, or section 21 of         the Federal Deposit Insurance Actthrough the secure network;         and            (2) provides financial institutionswith alerts and other         information regarding suspiciousactivities that warrant         immediate and enhanced scrutiny.     (b) Expedited Development.--The Secretaryshall take such action as maybe necessary to ensure that the secure network required under subsection(a) is fully operational before the end of the 9-month period beginningon the date of enactment of this Act. SEC.363. INCREASE IN CIVIL AND CRIMINAL PENALTIES FOR MONEY LAUNDERING.     (a) Civil Penalties.--Section 5321(a) oftitle 31, United States Code,is amended by adding at the end the following:            ``(7) Penalties for internationalcounter money laundering         violations.--The Secretary may impose acivil money penalty in         an amount equal to not less than 2times the amount of the         transaction, but not more than$1,000,000, on any financial         institution or agency that violates anyprovision of subsection         (i) or (j) of section 5318 or anyspecial measures imposed under         section 5318A.''.     (b) Criminal Penalties.--Section 5322 oftitle 31, United States Code,is amended by adding at the end the following:    ``(d) A financial institution or agencythat violates any provision ofsubsection (i) or (j) of section 5318, or any special measures imposedunder section 5318A, or any regulation prescribed under subsection(i) or (j) of section 5318 or section 5318A, shall be [[Page115 STAT. 333]] finedin an amount equal to not less than 2 times the amount of the transaction,but not more than $1,000,000.''. SEC.364. UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE FACILITIES.     Section 11 of the Federal Reserve Act (12U.S.C. 248) is amended by addingat the end the following:    ``(q) Uniform Protection Authority forFederal Reserve Facilities.--            ``(1) Notwithstanding any otherprovision of law, to         authorize personnel to act as lawenforcement officers to         protect and safeguard the premises,grounds, property,         personnel, including members of theBoard, of the Board, or any         Federal reserve bank, and operationsconducted by or on behalf         of the Board or a reserve bank.            ``(2) The Board may, subject to theregulations prescribed         under paragraph (5), delegate authorityto a Federal reserve         bank to authorize personnel to act aslaw enforcement officers         to protect and safeguard the bank'spremises, grounds, property,         personnel, and operations conducted byor on behalf of the bank.            ``(3) Law enforcement officersdesignated or authorized by         the Board or a reserve bank underparagraph (1) or (2) are         authorized while on duty to carryfirearms and make arrests         without warrants for any offenseagainst the United States         committed in their presence, or for anyfelony cognizable under         the laws of the United States committedor being committed         within the buildings and grounds of theBoard or a reserve bank         if they have reasonable grounds tobelieve that the person to be         arrested has committed or is committingsuch a felony. Such         officers shall have access to lawenforcement information that         may be necessary for the protection ofthe property or personnel         of the Board or a reserve bank.            ``(4) For purposes of thissubsection, the term `law         enforcement officers' means personnelwho have successfully         completed law enforcement training andare authorized to carry         firearms and make arrests pursuant tothis subsection.            ``(5) The law enforcement authoritiesprovided for in this         subsection may be exercised onlypursuant to regulations         prescribed by the Board and approved bythe Attorney General.''. SEC.365. REPORTS RELATING TO COINS AND CURRENCY RECEIVED IN             NONFINANCIAL TRADE OR BUSINESS.     (a) Reports Required.--Subchapter II ofchapter 53 of title 31, UnitedStates Code, is amended by adding at the end the following new section: ``Sec.5331. Reports relating to coins and currency received in                         nonfinancial trade orbusiness     ``(a) Coin and Currency Receipts of MoreThan $10,000.--Any person--            ``(1) who is engaged in a trade orbusiness; and            ``(2) who, in the course of suchtrade or business, receives         more than $10,000 in coins or currencyin 1 transaction (or 2 or         more related transactions), shallfile a report described in subsection (b) with respect to such transaction(or related transactions) with the Financial Crimes [[Page115 STAT. 334]] EnforcementNetwork at such time and in such manner as the Secretary may,by regulation, prescribe.    ``(b) Form and Manner of Reports.--A reportis described in this subsectionif such report--            ``(1) is in such form as theSecretary may prescribe;            ``(2) contains--                    ``(A) the name and address,and such other                 identification information asthe Secretary may require,                 of the person from whom thecoins or currency was                 received;                    ``(B) the amount of coinsor currency received;                    ``(C) the date and natureof the transaction; and                    ``(D) such otherinformation, including the                 identification of the personfiling the report, as the                 Secretary may prescribe.     ``(c) Exceptions.--            ``(1) Amounts received by financialinstitutions.--        Subsection (a) shall not apply toamounts received in a         transaction reported under section 5313and regulations         prescribed under such section.            ``(2) Transactions occurringoutside the united states.--        Except to the extent provided inregulations prescribed by the         Secretary, subsection (a) shall notapply to any transaction if         the entire transaction occurs outsidethe United States.     ``(d) Currency Includes Foreign Currencyand Certain Monetary Instruments.--            ``(1) In general.--For purposes ofthis section, the term         `currency' includes--                    ``(A) foreign currency; and                    ``(B) to the extentprovided in regulations                 prescribed by the Secretary,any monetary instrument                 (whether or not in bearer form)with a face amount of                 not more than $10,000.            ``(2) Scope ofapplication.--Paragraph (1)(B) shall not         apply to any check drawn on the accountof the writer in a         financial institution referred to insubparagraph (A), (B), (C),         (D), (E), (F), (G), (J), (K), (R), or(S) of section         5312(a)(2).''.     (b) Prohibition on StructuringTransactions.--            (1) In general.--Section 5324 oftitle 31, United States         Code, is amended--                    (A) by redesignatingsubsections (b) and (c) as                 subsections (c) and (d),respectively; and                    (B) by inserting aftersubsection (a) the following                 new subsection:     ``(b) Domestic Coin and CurrencyTransactions Involving Nonfinancial Tradesor Businesses.--No person shall, for the purpose of evading the reportrequirements of section 5333 or any regulation prescribed under suchsection--            ``(1) cause or attempt to cause anonfinancial trade or         business to fail to file a reportrequired under section 5333 or         any regulation prescribed under suchsection;            ``(2) cause or attempt to cause anonfinancial trade or         business to file a report requiredunder section 5333 or any         regulation prescribed under suchsection that contains a         material omission or misstatement offact; or [[Page115 STAT. 335]]             ``(3) structure or assist instructuring, or attempt to         structure or assist in structuring, anytransaction with 1 or         more nonfinancial trades orbusinesses.''.            (2) Technical and conformingamendments.--                    (A) The heading forsubsection (a) of section 5324                 of title 31, United StatesCode, is amended by inserting                 ``Involving FinancialInstitutions'' after                 ``Transactions''.                    (B) Section 5317(c) oftitle 31, United States Code,                 is amended by striking``5324(b)'' and inserting                 ``5324(c)''.     (c) Definition of Nonfinancial Trade orBusiness.--            (1) In general.--Section 5312(a) oftitle 31, United States         Code, is amended--                    (A) by redesignatingparagraphs (4) and (5) as                 paragraphs (5) and (6),respectively; and                    (B) by inserting afterparagraph (3) the following                 new paragraph:            ``(4) Nonfinancial trade orbusiness.--The term         `nonfinancial trade or business' meansany trade or business         other than a financial institution thatis subject to the         reporting requirements of section 5313and regulations         prescribed under such section.''.            (2) Technical and conformingamendments.--                    (A) Section 5312(a)(3)(C)of title 31, United States                 Code, is amended by striking``section 5316,'' and                 inserting ``sections 5333 and5316,''.                    (B) Subsections (a) through(f) of section 5318 of                 title 31, United States Code,and sections 5321, 5326,                 and 5328 of such title are eachamended--                          (i) by inserting ``ornonfinancial trade or                       business'' after``financial institution'' each                       place such term appears; and                          (ii) by inserting``or nonfinancial trades or                       businesses'' after``financial institutions'' each                       place such term appears.     (c) Clerical Amendment.--The table ofsections for chapter 53 of title31, United States Code, is amended by inserting after the item relatingto section 5332 (as added by section 112 of this title) the followingnew item: ``5331.Reports relating to coins and currency received in nonfinancial            trade or business.''.     (f) Regulations.--Regulations <<NOTE:Publication. 31 USC 5331 note.>>which the Secretary determines are necessary to implement this sectionshall be published in final form before the end of the 6-month periodbeginning on the date of enactment of this Act. SEC.366. <<NOTE: 31 USC 5313 note.>> EFFICIENT USE OF CURRENCY             TRANSACTION REPORT SYSTEM.     (a) Findings.--The Congress finds thefollowing:            (1) The Congress established thecurrency transaction         reporting requirements in 1970 becausethe Congress found then         that such reports have a high degree ofusefulness in criminal,         tax, and regulatory investigations andproceedings and the         usefulness of such reports has onlyincreased in the years since         the requirements were established.            (2) In 1994, in response to reportsand testimony that         excess amounts of currency transactionreports were interfering [[Page115 STAT. 336]]         with effective law enforcement, theCongress reformed the         currency transaction report exemptionrequirements to provide--                    (A) mandatory exemptionsfor certain reports that                 had little usefulness for lawenforcement, such as cash                 transfers between depositoryinstitutions and cash                 deposits from government agencies;and                    (B) discretionary authorityfor the Secretary of the                 Treasury to provide exemptions,subject to criteria and                 guidelines established by theSecretary, for financial                 institutions with regard toregular business customers                 that maintain accounts at aninstitution into which                 frequent cash deposits aremade.            (3) Today there is evidence thatsome financial institutions         are not utilizing the exemption system,or are filing reports         even if there is an exemption ineffect, with the result that         the volume of currency transactionreports is once again         interfering with effective lawenforcement.     (b) Study and Report.--            (1) Study required.--The Secretaryshall conduct a study         of--                    (A) the possible expansionof the statutory                 exemption system in effectunder section 5313 of title                 31, United States Code; and                    (B) methods for improvingfinancial institution                 utilization of the statutoryexemption provisions as a                 way of reducing the submissionof currency transaction                 reports that have little or novalue for law enforcement                 purposes, includingimprovements in the systems in                 effect at financialinstitutions for regular review of                 the exemption procedures usedat the institution and the                 training of personnel in itseffective use.            (2) Report required.--The Secretaryof the Treasury shall         submit a report to the Congress beforethe end of the 1-year         period beginning on the date ofenactment of this Act containing         the findings and conclusions of theSecretary with regard to the         study required under subsection (a),and such recommendations         for legislative or administrativeaction as the Secretary         determines to be appropriate.                Subtitle C--Currency Crimes andProtection SEC.371. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.     (a) Findings.--The <<NOTE: 31 USC5332 note.>> Congress finds the following:            (1) Effective enforcement of thecurrency reporting         requirements of subchapter II ofchapter 53 of title 31, United         States Code, and the regulationsprescribed under such         subchapter, has forced drug dealers andother criminals engaged         in cash-based businesses to avoid usingtraditional financial         institutions.            (2) In their effort to avoid usingtraditional financial         institutions, drug dealers and othercriminals are forced to         move large quantities of currency inbulk form to and through         the airports, border crossings, andother ports of entry where         the currency can be smuggled out of theUnited States and [[Page115 STAT. 337]]         placed in a foreign financialinstitution or sold on the black         market.            (3) The transportation andsmuggling of cash in bulk form         may now be the most common form ofmoney laundering, and the         movement of large sums of cash is oneof the most reliable         warning signs of drug trafficking,terrorism, money laundering,         racketeering, tax evasion and similarcrimes.            (4) The intentional transportationinto or out of the United         States of large amounts of currency ormonetary instruments, in         a manner designed to circumvent themandatory reporting         provisions of subchapter II of chapter53 of title 31, United         States Code,, is the equivalent of, andcreates the same harm         as, the smuggling of goods.            (5) The arrest and prosecution ofbulk cash smugglers are         important parts of law enforcement'seffort to stop the         laundering of criminal proceeds, butthe couriers who attempt to         smuggle the cash out of the UnitedStates are typically low-        level employees of large criminalorganizations, and thus are         easily replaced. Accordingly, only theconfiscation of the         smuggled bulk cash can effectivelybreak the cycle of criminal         activity of which the laundering of thebulk cash is a critical         part.            (6) The current penalties forviolations of the currency        reporting requirements are insufficient to provide a deterrent         to the laundering of criminal proceeds.In particular, in cases         where the only criminal violation undercurrent law is a         reporting offense, the law does not adequatelyprovide for the         confiscation of smuggled currency. Incontrast, if the smuggling         of bulk cash were itself an offense,the cash could be         confiscated as the corpus delicti ofthe smuggling offense.     (b) Purposes.--The <<NOTE: 31 USC5332 note.>> purposes of this sectionare--            (1) to make the act of smugglingbulk cash itself a criminal         offense;            (2) to authorize forfeiture of anycash or instruments of         the smuggling offense; and            (3) to emphasize the seriousness ofthe act of bulk cash         smuggling.     (c) Enactment of Bulk Cash SmugglingOffense.--Subchapter II of chapter53 of title 31, United States Code, is amended by adding at the endthe following: ``Sec.5332. Bulk cash smuggling into or out of the United States     ``(a) Criminal Offense.--            ``(1) In general.--Whoever, withthe intent to evade a         currency reporting requirement undersection 5316, knowingly         conceals more than $10,000 in currencyor other monetary         instruments on the person of suchindividual or in any         conveyance, article of luggage,merchandise, or other container,         and transports or transfers or attemptsto transport or transfer         such currency or monetary instrumentsfrom a place within the         United States to a place outside of theUnited States, or from a         place outside the United States to aplace within the United         States, shall be guilty of a currencysmuggling offense and         subject to punishment pursuant tosubsection (b).            ``(2) Concealment on person.--Forpurposes of this section,         the concealment of currency on theperson of any individual         includes concealment in any article ofclothing worn [[Page115 STAT. 338]]         by the individual or in any luggage,backpack, or other         container worn or carried by suchindividual.     ``(b) Penalty.--            ``(1) Term of imprisonment.--Aperson convicted of a         currency smuggling offense undersubsection (a), or a conspiracy         to commit such offense, shall beimprisoned for not more than 5         years.            ``(2) Forfeiture.--In addition, thecourt, in imposing         sentence under paragraph (1), shallorder that the defendant         forfeit to the United States, anyproperty, real or personal,         involved in the offense, and anyproperty traceable to such         property, subject to subsection (d) of thissection.            ``(3) Procedure.--The seizure,restraint, and forfeiture of         property under this section shall begoverned by section 413 of         the Controlled Substances Act.            ``(4) Personal money judgment.--Ifthe property subject to         forfeiture under paragraph (2) isunavailable, and the defendant         has insufficient substitute propertythat may be forfeited         pursuant to section 413(p) of theControlled Substances Act, the         court shall enter a personal moneyjudgment against the         defendant for the amount that would besubject to forfeiture.     ``(c) Civil Forfeiture.--            ``(1) In general.--Any propertyinvolved in a violation of         subsection (a), or a conspiracy tocommit such violation, and         any property traceable to suchviolation or conspiracy, may be         seized and, subject to subsection (d)of this section, forfeited         to the United States.            ``(2) Procedure.--The seizure and forfeitureshall be         governed by the procedures governingcivil forfeitures in money         laundering cases pursuant to section981(a)(1)(A) of title 18,         United States Code.            ``(3) Treatment of certain propertyas involved in the         offense.--For purposes of thissubsection and subsection (b),         any currency or other monetaryinstrument that is concealed or         intended to be concealed in violationof subsection (a) or a         conspiracy to commit such violation,any article, container, or         conveyance used, or intended to beused, to conceal or transport         the currency or other monetaryinstrument, and any other         property used, or intended to be used,to facilitate the         offense, shall be considered propertyinvolved in the         offense.''.     (c) Clerical Amendment.--The table ofsections for subchapter II of chapter53 of title 31, United States Code, is amended by inserting afterthe item relating to section 5331, as added by this Act, the followingnew item: ``5332.Bulk cash smuggling into or out of the United States.''. SEC.372. FORFEITURE IN CURRENCY REPORTING CASES.     (a) In General.--Subsection (c) of section5317 of title 31, United StatesCode, is amended to read as follows:    ``(c) Forfeiture.--            ``(1) Criminal forfeiture.--                    ``(A) In general.--Thecourt in imposing sentence                 for any violation of section 5313,5316, or 5324 of this                 title, or any conspiracy tocommit such violation, shall                 order the defendant to forfeitall property, real or                 personal, involved in theoffense and any property                 traceable thereto. [[Page115 STAT. 339]]                     ``(B)Procedure.--Forfeitures under this paragraph                 shall be governed by theprocedures established in                 section 413 of the ControlledSubstances Act.            ``(2) Civil forfeiture.--Anyproperty involved in a         violation of section 5313, 5316, or5324 of this title, or any         conspiracy to commit any suchviolation, and any property         traceable to any such violation orconspiracy, may be seized and         forfeited to the United States inaccordance with the procedures         governing civil forfeitures in moneylaundering cases pursuant         to section 981(a)(1)(A) of title 18,United States Code.''.     (b) Conforming Amendments.--            (1) Section 981(a)(1)(A) of title18, United States Code, is         amended--                    (A) by striking ``ofsection 5313(a) or 5324(a) of                 title 31, or''; and                    (B) by striking ``However''and all that follows                 through the end of thesubparagraph.            (2) Section 982(a)(1) of title 18,United States Code, is         amended--                    (A) by striking ``ofsection 5313(a), 5316, or 5324                 of title 31, or''; and                    (B) by striking ``However''and all that follows                 through the end of theparagraph. SEC.373. ILLEGAL MONEY TRANSMITTING BUSINESSES.     (a) Scienter Requirement for Section 1960Violation.--Section 1960 oftitle 18, United States Code, is amended to read as follows: ``Sec.1960. Prohibition of unlicensed money transmitting businesses     ``(a) Whoever knowingly conducts, controls,manages, supervises, directs,or owns all or part of an unlicensed money transmitting business,shall be fined in accordance with this title or imprisoned not morethan 5 years, or both.    ``(b) As used in this section--            ``(1) the term `unlicensed moneytransmitting business'         means a money transmitting businesswhich affects interstate or         foreign commerce in any manner ordegree and--                    ``(A) is operated withoutan appropriate money                 transmitting license in a Statewhere such operation is                 punishable as a misdemeanor ora felony under State law,                 whether or not the defendantknew that the operation was                 required to be licensed or thatthe operation was so                 punishable;                    ``(B) fails to comply withthe money transmitting                 business registrationrequirements under section 5330 of                 title 31, United States Code,or regulations prescribed                 under such section; or                    ``(C) otherwise involvesthe transportation or                 transmission of funds that areknown to the defendant to                 have been derived from a criminaloffense or are                 intended to be used to be usedto promote or support                 unlawful activity;            ``(2) the term `money transmitting'includes transferring         funds on behalf of the public by anyand all means including but         not limited to transfers within thiscountry or to locations         abroad by wire, check, draft,facsimile, or courier; and [[Page115 STAT. 340]]             ``(3) the term `State' means anyState of the United States,         the District of Columbia, the NorthernMariana Islands, and any         commonwealth, territory, or possessionof the United States.''.     (b) Seizure of Illegally TransmittedFunds.--Section 981(a)(1)(A) of title18, United States Code, is amended by striking ``or 1957'' and inserting``, 1957 or 1960''.    (c) Clerical Amendment.--The table ofsections for chapter 95 of title18, United States Code, is amended in the item relating to section 1960by striking ``illegal'' and inserting ``unlicensed''. SEC.374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.     (a) Counterfeit Acts Committed Outside theUnited States.--Section 470of title 18, United States Code, is amended--            (1) in paragraph (2), by inserting``analog, digital, or         electronic image,'' after ``plate,stone,''; and            (2) by striking ``shall be finedunder this title,         imprisoned not more than 20 years, orboth'' and inserting         ``shall be punished as is provided forthe like offense within         the United States''.     (b) Obligations or securities of the UnitedStates.--Section 471 of title18, United States Code, is amended by striking ``fifteen years'' andinserting ``20 years''.    (c) Uttering Counterfeit Obligations orSecurities.--Section 472 of title18, United States Code, is amended by striking ``fifteen years'' andinserting ``20 years''.    (d) Dealing in Counterfeit Obligations orSecurities.--Section 473 oftitle 18, United States Code, is amended by striking ``ten years'' andinserting ``20 years''.    (e) Plates, Stones, or Analog, Digital, orElectronic Images For CounterfeitingObligations or Securities.--            (1) In general.--Section 474(a) oftitle 18, United States         Code, is amended by inserting after thesecond paragraph the         following new paragraph:     ``Whoever, with intent to defraud, makes,executes, acquires, scans, captures,records, receives, transmits, reproduces, sells, or has in suchperson's control, custody, or possession, an analog, digital, or electronicimage of any obligation or other security of the United States;or''.            (2) Amendment todefinition.--Section 474(b) of title 18,         United States Code, is amended bystriking the first sentence         and inserting the following newsentence: ``For purposes of this         section, the term `analog, digital, orelectronic image'         includes any analog, digital, orelectronic method used for the         making, execution, acquisition,scanning, capturing, recording,         retrieval, transmission, orreproduction of any obligation or         security, unless such use is authorizedby the Secretary of the         Treasury.''.            (3) Technical and conformingamendment.--The heading for         section 474 of title 18, United StatesCode, is amended by         striking ``or stones'' and inserting``, stones, or analog,         digital, or electronic images''.            (4) Clerical amendment.--The table ofsections for chapter         25 of title 18, United States Code, isamended in the item         relating to section 474 by striking``or stones'' and inserting         ``, stones, or analog, digital, orelectronic images''. [[Page115 STAT. 341]]     (f) Taking Impressions of Tools Used forObligations or Securities.--Section476 of title 18, United States Code, is amended--            (1) by inserting ``analog, digital,or electronic image,''         after ``impression, stamp,''; and            (2) by striking ``ten years'' andinserting ``25 years''.     (g) Possessing or Selling Impressions ofTools Used for Obligations orSecurities.--Section 477 of title 18, United States Code, is amended--            (1) in the first paragraph, by inserting``analog, digital,         or electronic image,'' after ``imprint,stamp,'';            (2) in the second paragraph, byinserting ``analog, digital,         or electronic image,'' after ``imprint,stamp,''; and            (3) in the third paragraph, bystriking ``ten years'' and         inserting ``25 years''.     (h) Connecting Parts of DifferentNotes.--Section 484 of title 18, UnitedStates Code, is amended by striking ``five years'' and inserting ``10years''.    (i) Bonds and Obligations of CertainLending Agencies.--The first andsecond paragraphs of section 493 of title 18, United States Code, areeach amended by striking ``five years'' and inserting ``10 years''. SEC.375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.     (a) Foreign Obligations orSecurities.--Section 478 of title 18, UnitedStates Code, is amended by striking ``five years'' and inserting ``20years''.    (b) Uttering Counterfeit ForeignObligations or Securities.--Section 479of title 18, United States Code, is amended by striking ``three years''and inserting ``20 years''.    (c) Possessing Counterfeit ForeignObligations or Securities.--Section480 of title 18, United States Code, is amended by striking ``oneyear'' and inserting ``20 years''.    (d) Plates, Stones, or Analog, Digital, orElectronic Images for CounterfeitingForeign Obligations or Securities.--            (1) In general.--Section 481 oftitle 18, United States         Code, is amended by inserting after thesecond paragraph the         following new paragraph:     ``Whoever, with intent to defraud, makes,executes, acquires, scans, captures,records, receives, transmits, reproduces, sells, or has in suchperson's control, custody, or possession, an analog, digital, or electronicimage of any bond, certificate, obligation, or other security ofany foreign government, or of any treasury note, bill, or promise to pay,lawfully issued by such foreign government and intended to circulateas money; or''.            (2) Increased sentence.--The lastparagraph of section 481         of title 18, United States Code, isamended by striking ``five         years'' and inserting ``25 years''.            (3) Technical and conformingamendment.--The heading for         section 481 of title 18, United StatesCode, is amended by         striking ``or stones'' and inserting``, stones, or analog,         digital, or electronic images''.            (4) Clerical amendment.--The tableof sections for chapter         25 of title 18, United States Code, isamended in the item         relating to section 481 by striking``or stones'' and inserting         ``, stones, or analog, digital, orelectronic images''. [[Page115 STAT. 342]]     (e) Foreign Bank Notes.--Section 482 oftitle 18, United States Code,is amended by striking ``two years'' and inserting ``20 years''.    (f) Uttering Counterfeit Foreign BankNotes.--Section 483 of title 18,United States Code, is amended by striking ``one year'' and inserting``20 years''. SEC.376. LAUNDERING THE PROCEEDS OF TERRORISM.     Section 1956(c)(7)(D) of title 18, UnitedStates Code, is amended by inserting``or 2339B'' after ``2339A''. SEC.377. EXTRATERRITORIAL JURISDICTION.     Section 1029 of title 18, United StatesCode, is amended by adding atthe end the following:    ``(h) Any person who, outside the jurisdictionof the United States, engagesin any act that, if committed within the jurisdiction of the UnitedStates, would constitute an offense under subsection (a) or (b) ofthis section, shall be subject to the fines, penalties, imprisonment, andforfeiture provided in this title if--            ``(1) the offense involves anaccess device issued, owned,         managed, or controlled by a financialinstitution, account         issuer, credit card system member, orother entity within the         jurisdiction of the United States; and            ``(2) the person transports,delivers, conveys, transfers to         or through, or otherwise stores,secrets, or holds within the         jurisdiction of the United States, anyarticle used to assist in         the commission of the offense or theproceeds of such offense or         property derived therefrom.''.                      TITLE IV--PROTECTING THEBORDER                Subtitle A--Protecting theNorthern Border SEC.401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN BORDER.     The Attorney General is authorized to waiveany FTE cap on personnel assignedto the Immigration and Naturalization Service on the Northern border. SEC.402. NORTHERN BORDER PERSONNEL.     There <<NOTE: Appropriationauthorization.>> are authorized to be appropriated--            (1) such sums as may be necessaryto triple the number of         Border Patrol personnel (from thenumber authorized under         current law), and the necessarypersonnel and facilities to         support such personnel, in each Statealong the Northern Border;            (2) such sums as may be necessaryto triple the number of         Customs Service personnel (from thenumber authorized under         current law), and the necessarypersonnel and facilities to         support such personnel, at ports ofentry in each State along         the Northern Border;            (3) such sums as may be necessaryto triple the number of         INS inspectors (from the numberauthorized on the date of the         enactment of this Act), and thenecessary personnel [[Page115 STAT. 343]]         and facilities to support suchpersonnel, at ports of entry in         each State along the Northern Border;and            (4) an additional $50,000,000 eachto the Immigration and         Naturalization Service and the UnitedStates Customs Service for         purposes of making improvements intechnology for monitoring the         Northern Border and acquiringadditional equipment at the         Northern Border. SEC.403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN             IDENTIFYING INFORMATION IN THECRIMINAL HISTORY RECORDS OF             VISA APPLICANTS AND APPLICANTS FORADMISSION TO THE UNITED             STATES.     (a) Amendment of the Immigration andNationality Act.--Section 105 ofthe Immigration and Nationality Act (8 U.S.C. 1105) is amended--            (1) in the section heading, byinserting ``; data exchange''         after ``security officers'';            (2) by inserting ``(a)'' after``Sec. 105.'';            (3) in subsection (a), by inserting``and border'' after         ``internal'' the second place itappears; and            (4) by adding at the end thefollowing:     ``(b)(1) The Attorney General and theDirector of the Federal Bureau ofInvestigation shall provide the Department of State and the Service accessto the criminal history record information contained in the NationalCrime Information Center's Interstate Identification Index (NCIC-III),Wanted Persons File, and to any other files maintained by theNational Crime Information Center that may be mutually agreed upon bythe Attorney General and the agency receiving the access, for the purposeof determining whether or not a visa applicant or applicant for admissionhas a criminal history record indexed in any such file.    ``(2) Such access shall be provided bymeans of extracts of the recordsfor placement in the automated visa lookout or other appropriate database,and shall be provided without any fee or charge.    ``(3) The Federal Bureau of Investigationshall provide periodic updatesof the extracts at intervals mutually agreed upon with the agencyreceiving the access. Upon receipt of such updated extracts, the receivingagency shall make corresponding updates to its database and destroypreviously provided extracts.    ``(4) Access to an extract does not entitlethe Department of State toobtain the full content of the corresponding automated criminal historyrecord. To obtain the full content of a criminal history record, theDepartment of State shall submit the applicant's fingerprints and anyappropriate fingerprint processing fee authorized by law to the CriminalJustice Information Services Division of the Federal Bureau of Investigation.    ``(c) The provision of the extractsdescribed in subsection (b) may bereconsidered by the Attorney General and the receiving agency upon thedevelopment and deployment of a more cost-effective and efficient meansof sharing the information.    ``(d) <<NOTE: Deadline.Regulations.>> For purposes of administering thissection, the Department of State shall, prior to receiving access toNCIC data but not later than 4 months after the date of enactment of thissubsection, promulgate final regulations--            ``(1) to implement procedures forthe taking of         fingerprints; and [[Page115 STAT. 344]]             ``(2) to establish the conditionsfor the use of the         information received from the FederalBureau of Investigation,         in order--                    ``(A) to limit theredissemination of such                 information;                    ``(B) to ensure that suchinformation is used solely                 to determine whether or not toissue a visa to an alien                 or to admit an alien to theUnited States;                    ``(C) to ensure thesecurity, confidentiality, and                 destruction of suchinformation; and                    ``(D) to protect anyprivacy rights of individuals                 who are subjects of suchinformation.''.     (b) Reporting <<NOTE: Deadline. 8 USC1105 note.>> Requirement.--Not laterthan 2 years after the date of enactment of this Act, the Attorney Generaland the Secretary of State jointly shall report to Congress on theimplementation of the amendments made by this section.     (c) Technology <<NOTE: 8 USC1379.>> Standard to Confirm Identity.--            (1) In <<NOTE:Deadline.>> General.--The Attorney General         and the Secretary of State jointly,through the National         Institute of Standards and Technology(NIST), and in         consultation with the Secretary of theTreasury and other         Federal law enforcement andintelligence agencies the Attorney         General or Secretary of State deemsappropriate and in         consultation with Congress, shallwithin 2 years after the date         of the enactment of this section,develop and certify a         technology standard that can be used toverify the identity of         persons applying for a United Statesvisa or such persons         seeking to enter the United Statespursuant to a visa for the         purposes of conducting backgroundchecks, confirming identity,         and ensuring that a person has notreceived a visa under a         different name or such person seekingto enter the United States         pursuant to a visa.            (2) Integrated.--The technologystandard developed pursuant         to paragraph (1), shall be thetechnological basis for a cross-        agency, cross-platform electronicsystem that is a cost-        effective, efficient, fully integratedmeans to share law         enforcement and intelligenceinformation necessary to confirm         the identity of such persons applyingfor a United States visa         or such person seeking to enter theUnited States pursuant to a         visa.            (3) Accessible.--The electronic systemdescribed in         paragraph (2), once implemented, shallbe readily and easily         accessible to--                    (A) all consular officersresponsible for the                 issuance of visas;                    (B) all Federal inspectionagents at all United                 States border inspectionpoints; and                    (C) all law enforcement andintelligence officers as                 determined by regulation to beresponsible for                 investigation or identificationof aliens admitted to                 the United States pursuant to avisa.            (4) Report.--Not <<NOTE:Deadline.>> later than 18 months         after the date of the enactment of thisAct, and every 2 years         thereafter, the Attorney General andthe Secretary of State         shall jointly, in consultation with theSecretary of Treasury,         report to Congress describing thedevelopment, implementation,         efficacy, and privacy implications ofthe technology standard         and electronic database systemdescribed in this subsection.            (5) Funding.--There is authorizedto be appropriated to the         Secretary of State, the Attorney General,and the Director [[Page115 STAT. 345]]         of the National Institute of Standardsand Technology such sums         as may be necessary to carry out theprovisions of this         subsection.     (d) Statutory <<NOTE: 8 USC 1105note.>> Construction.--Nothing in thissection, or in any other law, shall be construed to limit the authorityof the Attorney General or the Director of the Federal Bureau ofInvestigation to provide access to the criminal history record informationcontained in the National Crime Information Center's (NCIC) InterstateIdentification Index (NCIC-III), or to any other information maintainedby the NCIC, to any Federal agency or officer authorized to enforceor administer the immigration laws of the United States, for the purposeof such enforcement or administration, upon terms that are consistentwith the National Crime Prevention and Privacy Compact Act of 1998(subtitle A of title II of Public Law 105-251; 42 U.S.C. 14611-16) andsection 552a of title 5, United States Code. SEC.404. LIMITED AUTHORITY TO PAY OVERTIME.     The matter under the headings ``ImmigrationAnd Naturalization Service:Salaries and Expenses, Enforcement And Border Affairs'' and ``ImmigrationAnd Naturalization Service: Salaries and Expenses, CitizenshipAnd Benefits, Immigration And Program Direction'' in the Departmentof Justice Appropriations Act, 2001 (as enacted into law by AppendixB (H.R. 5548) of Public Law 106-553 (114 Stat. 2762A-58 to 2762A-59))is amended by striking the following each place it occurs: ``Provided,That none of the funds available to the Immigration and NaturalizationService shall be available to pay any employee overtime payin an amount in excess of $30,000 during the calendar year beginning January1, 2001:''. SEC.405. <<NOTE: 8 USC 1379 note.>> REPORT ON THE INTEGRATED AUTOMATED             FINGERPRINT IDENTIFICATION SYSTEMFOR PORTS OF ENTRY AND             OVERSEAS CONSULAR POSTS.     (a)In General.--The Attorney General, in consultation with the appropriateheads of other Federal agencies, including the Secretary of State,Secretary of the Treasury, and the Secretary of Transportation, shallreport to Congress on the feasibility of enhancing the Integrated AutomatedFingerprint Identification System (IAFIS) of the Federal Bureauof Investigation and other identification systems in order to betteridentify a person who holds a foreign passport or a visa and may bewanted in connection with a criminal investigation in the United Statesor abroad, before the issuance of a visa to that person or the entryor exit from the United States by that person.    (b) Authorization of Appropriations.--Thereis authorized to be appropriatednot less than $2,000,000 to carry out this section.                Subtitle B--Enhanced ImmigrationProvisions SEC.411. DEFINITIONS RELATING TO TERRORISM.     (a) Grounds of Inadmissibility.--Section212(a)(3) of the Immigrationand Nationality Act (8 U.S.C. 1182(a)(3)) is amended--            (1) in subparagraph (B)--                    (A) in clause (i)-- [[Page115 STAT. 346]]                           (i) by amendingsubclause (IV) to read as                       follows:                                    ``(IV) is arepresentative (as                                 defined inclause (v)) of--                                           ``(aa) a foreign terrorist                                        organization, as designated by                                         theSecretary of State under                                         section219, or                                           ``(bb) a political, social                                         orother similar group whose                                         publicendorsement of acts of                                        terrorist activity the Secretary                                         ofState has determined                                        undermines United States efforts                                         toreduce or eliminate terrorist                                        activities,'';                          (ii) in subclause(V), by inserting ``or''                       after ``section 219,'';and                          (iii) by adding atthe end the following new                       subclauses:                                    ``(VI) hasused the alien's position                                 of prominencewithin any country to                                 endorse orespouse terrorist activity,                                 or to persuadeothers to support                                 terroristactivity or a terrorist                                 organization,in a way that the                                 Secretary ofState has determined                                 underminesUnited States efforts to                                 reduce or eliminate terrorist                                 activities, or                                    ``(VII) isthe spouse or child of an                                 alien who isinadmissible under this                                 section, if theactivity causing the                                 alien to befound inadmissible occurred                                 within the last5 years,'';                    (B) by redesignatingclauses (ii), (iii), and (iv)                 as clauses (iii), (iv), and(v), respectively;                    (C) in clause (i)(II), bystriking ``clause (iii)''                 and inserting ``clause (iv)'';                    (D) by inserting afterclause (i) the following:                          ``(ii)Exception.--Subclause (VII) of clause                       (i) does not apply to aspouse or child--                                    ``(I) whodid not know or should not                                 reasonably have known of the activity                                 causing thealien to be found                                 inadmissibleunder this section; or                                    ``(II) whomthe consular officer or                                 Attorney General hasreasonable grounds                                 to believe hasrenounced the activity                                 causing thealien to be found                                 inadmissibleunder this section.'';                    (E) in clause (iii) (asredesignated by subparagraph                 (B))--                          (i) by inserting ``ithad been'' before                       ``committed in the UnitedStates''; and                          (ii) in subclause (V)(b), by striking ``or                       firearm'' and inserting``, firearm, or other                       weapon or dangerousdevice'';                    (F) by amending clause (iv)(as redesignated by                 subparagraph (B)) to read asfollows:                          ``(iv) Engage interrorist activity defined.--                      As used in this chapter,the term `engage in                       terrorist activity'means, in an individual                       capacity or as a memberof an organization--                                    ``(I) tocommit or to incite to                                 commit, undercircumstances indicating                                 an intention tocause death or serious                                 bodily injury,a terrorist activity;                                    ``(II) toprepare or plan a                                 terroristactivity; [[Page115 STAT. 347]]                                     ``(III) to gatherinformation on                                 potentialtargets for terrorist                                 activity;                                    ``(IV) tosolicit funds or other                                 things of value for--                                           ``(aa) a terrorist activity;                                           ``(bb) a terrorist                                        organization described in clause                                         (vi)(I) or (vi)(II);or                                           ``(cc) a terrorist                                        organization described in clause                                        (vi)(III), unless the solicitor                                         candemonstrate that he did not                                         know,and should not reasonably                                         have known, that the                                        solicitation would further the                                        organization's terrorist                                        activity;                                    ``(V) tosolicit any individual--                                           ``(aa) to engage in conduct                                        otherwise described in this                                         clause;                                            ``(bb) for membership in a                                        terrorist organization described                                         inclause (vi)(I) or (vi)(II);                                         or                                            ``(cc) for membership in a                                        terrorist organization described                                         inclause (vi)(III), unless the                                        solicitor can demonstrate that                                         he didnot know, and should not                                        reasonably have known, that the                                        solicitation would further the                                         organization's terrorist                                        activity; or                                    ``(VI) tocommit an act that the                                 actor knows, orreasonably should know,                                 affordsmaterial support, including a                                 safe house,transportation,                                 communications,funds, transfer of funds                                 or othermaterial financial benefit,                                 falsedocumentation or identification,                                 weapons(including chemical, biological,                                 or radiologicalweapons), explosives, or                                 training--                                           ``(aa) for the commission of                                         aterrorist activity;                                           ``(bb) to any individual who                                         the actor knows, orreasonably                                         shouldknow, has committed or                                         plansto commit a terrorist                                        activity;                                            ``(cc) to aterrorist                                        organization described in clause                                         (vi)(I)or (vi)(II); or                                           ``(dd) to a terrorist                                        organization described in clause                                        (vi)(III), unless the actor can                                        demonstrate that he did not                                         know,and should not reasonably                                         haveknown, that the act would                                         furtherthe organization's                                         terroristactivity.                                This clauseshall not apply to any                                 materialsupport the alien afforded to                                 an organizationor individual that has                                 committed terrorist activity, if the                                 Secretary ofState, after consultation                                 with theAttorney General, or the                                 AttorneyGeneral, after consultation                                 with the Secretaryof State, concludes                                 in his soleunreviewable discretion,                                 that thisclause should not apply.'';                                 and                    (G) by adding at the end the followingnew clause:                          ``(vi) Terroristorganization defined.--As                       used in clause (i)(VI)and clause (iv), the term                       `terrorist organization'means an organization-- [[Page115 STAT. 348]]                                     ``(I)designated under section 219;                                    ``(II)otherwise designated, upon                                 publication inthe Federal Register, by                                 the Secretaryof State in consultation                                 with or uponthe request of the Attorney                                 General, as aterrorist organization,                                 after findingthat the organization                                 engages in theactivities described in                                 subclause (I),(II), or (III) of clause                                 (iv), or thatthe organization provides                                 materialsupport to further terrorist                                 activity; or                                    ``(III)that is a group of two or                                 more individuals,whether organized or                                 not, whichengages in the activities                                 described insubclause (I), (II), or                                 (III) of clause(iv).''; and            (2) by adding at the end thefollowing new subparagraph:                    ``(F) Association withterrorist organizations.--Any                 alien who the Secretary ofState, after consultation                 with the Attorney General, orthe Attorney General,                 after consultation with theSecretary of State,                 determines has been associatedwith a terrorist                 organization and intends whilein the United States to                 engage solely, principally, orincidentally in                 activities that could endangerthe welfare, safety, or                 security of the United Statesis inadmissible.''.     (b) Conforming Amendments.--            (1) Section 237(a)(4)(B) of theImmigration and Nationality         Act (8 U.S.C. 1227(a)(4)(B)) is amendedby striking ``section         212(a)(3)(B)(iii)'' and inserting``section 212(a)(3)(B)(iv)''.            (2) Section 208(b)(2)(A)(v) of theImmigration and         Nationality Act (8 U.S.C.1158(b)(2)(A)(v)) is amended by         striking ``or (IV)'' and inserting``(IV), or (VI)''.     (c) Retroactive <<NOTE: 8 USC 1182note.>> Application of Amendments.--            (1) In general.--Except asotherwise provided in this         subsection, the amendments made by thissection shall take         effect on the date of the enactment ofthis Act and shall apply         to--                    (A) actions taken by analien before, on, or after                 such date; and                    (B) all aliens, withoutregard to the date of entry                 or attempted entry into theUnited States--                          (i) in removalproceedings on or after such                       date (except for proceedings inwhich there has                       been a finaladministrative decision before such                       date); or                          (ii) seekingadmission to the United States on                       or after such date.            (2) Special rule for aliens inexclusion or deportation         proceedings.--Notwithstanding any otherprovision of law,         sections 212(a)(3)(B) and 237(a)(4)(B)of the Immigration and         Nationality Act, as amended by thisAct, shall apply to all         aliens in exclusion or deportationproceedings on or after the         date of the enactment of this Act(except for proceedings in         which there has been a final administrativedecision before such         date) as if such proceedings wereremoval proceedings.            (3) Special rule for section 219organizations and         organizations designated under section212(a)(3)(B)(vi)(II).--                    (A) In general.--Notwithstandingparagraphs (1) and                 (2), no alien shall beconsidered inadmissible under                 section 212(a)(3) of theImmigration and Nationality Act                 (8 U.S.C. [[Page115 STAT. 349]]                 1182(a)(3)), or deportableunder section 237(a)(4)(B) of                 such Act (8 U.S.C.1227(a)(4)(B)), by reason of the                 amendments made by subsection(a), on the ground that                 the alien engaged in aterrorist activity described in                 subclause (IV)(bb), (V)(bb), or(VI)(cc) of section                 212(a)(3)(B)(iv) of such Act(as so amended) with                 respect to a group at any timewhen the group was not a                 terrorist organizationdesignated by the Secretary of                 State under section 219 of suchAct (8 U.S.C. 1189) or                 otherwise designated undersection 212(a)(3)(B)(vi)(II)                 of such Act (as so amended).                    (B) Statutoryconstruction.--Subparagraph (A) shall                 not be construed to prevent analien from being                 considered inadmissible ordeportable for having engaged                 in a terrorist activity--                          (i) described insubclause (IV)(bb), (V)(bb),                       or (VI)(cc) of section212(a)(3)(B)(iv) of such                       Act (as so amended) withrespect to a terrorist                       organization at any timewhen such organization                       was designated by theSecretary of State under                       section 219 of such Actor otherwise designated                       under section212(a)(3)(B)(vi)(II) of such Act (as                       so amended); or                          (ii) described insubclause (IV)(cc), (V)(cc),                       or (VI)(dd) of section212(a)(3)(B)(iv) of such                       Act (as so amended) withrespect to a terrorist                       organization described in section                       212(a)(3)(B)(vi)(III) ofsuch Act (as so amended).            (4) Exception.--The Secretary ofState, in consultation with         the Attorney General, may determinethat the amendments made by         this section shall not apply withrespect to actions by an alien         taken outside the United States beforethe date of the enactment         of this Act upon the recommendation ofa consular officer who         has concluded that there is notreasonable ground to believe         that the alien knew or reasonablyshould have known that the         actions would further a terroristactivity.     (c) Designation of Foreign TerroristOrganizations.--Section 219(a) ofthe Immigration and Nationality Act (8 U.S.C. 1189(a)) is amended--            (1) in paragraph (1)(B), byinserting ``or terrorism (as         defined in section 140(d)(2) of theForeign Relations         Authorization Act, Fiscal Years 1988and 1989 (22 U.S.C.         2656f(d)(2)), or retains the capability andintent to engage in         terrorist activity or terrorism'' after``212(a)(3)(B)'';            (2) in paragraph (1)(C), byinserting ``or terrorism'' after         ``terrorist activity'';            (3) by amending paragraph (2)(A) toread as follows:                    ``(A) <<NOTE:Classified information.>> Notice.--                          ``(i) Tocongressional leaders.--Seven days                       before making adesignation under this subsection,                       the Secretary shall, byclassified communication,                       notify the Speaker andMinority Leader of the                       House of Representatives,the President pro                       tempore, Majority Leader,and Minority Leader of                       the Senate, and themembers of the relevant                       committees of the Houseof Representatives and the                       Senate, in writing, ofthe [[Page115 STAT. 350]]                       intent to designate anorganization under this                       subsection, together withthe findings made under                       paragraph (1) withrespect to that organization,                       and the factual basistherefor.                          ``(ii) Publication infederal register.--The                       Secretary shall publishthe designation in the                       Federal Register sevendays after providing the                       notification under clause(i).'';            (4) in paragraph (2)(B)(i), bystriking ``subparagraph (A)''         and inserting ``subparagraph (A)(ii)'';            (5) in paragraph (2)(C), bystriking ``paragraph (2)'' and         inserting ``paragraph (2)(A)(i)'';            (6) in paragraph (3)(B), bystriking ``subsection (c)'' and         inserting ``subsection (b)'';            (7) in paragraph (4)(B), byinserting after the first         sentence the following: ``The Secretaryalso may redesignate        such organization at the end of any 2-year redesignation period         (but not sooner than 60 days prior tothe termination of such         period) for an additional 2-year periodupon a finding that the         relevant circumstances described inparagraph (1) still exist.         Any redesignation shall be effectiveimmediately following the         end of the prior 2-year designation orredesignation period         unless a different effective date isprovided in such         redesignation.'';            (8) in paragraph (6)(A)--                    (A) by inserting ``or aredesignation made under                 paragraph (4)(B)'' after``paragraph (1)'';                    (B) in clause (i)--                          (i) by inserting ``orredesignation'' after                       ``designation'' the firstplace it appears; and                          (ii) by striking ``ofthe designation''; and                    (C) in clause (ii), bystriking ``of the                 designation'';            (9) in paragraph (6)(B)--                    (A) by striking ``through(4)'' and inserting ``and                 (3)''; and                    (B) by inserting at the endthe following new                 sentence: ``Any revocationshall take effect on the date                 specified in the revocation orupon publication in the                 Federal Register if noeffective date is specified.'';            (10) in paragraph (7), by inserting``, or the revocation of         a redesignation under paragraph (6),''after ``paragraph (5) or         (6)''; and            (11) in paragraph (8)--                    (A) by striking ``paragraph(1)(B)'' and inserting                 ``paragraph (2)(B), or if aredesignation under this                 subsection has become effectiveunder paragraph                 (4)(B)'';                    (B) by inserting ``or analien in a removal                 proceeding'' after ``criminalaction''; and                    (C) by inserting ``orredesignation'' before ``as a                 defense''. SEC.412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS;             JUDICIAL REVIEW.     (a) In General.--The Immigration andNationality Act (8 U.S.C. 1101 etseq.) is amended by inserting after section 236 the following: [[Page115 STAT. 351]]     ``Sec. 236A. <<NOTE: 8 USC1226a.>> (a) Detention of Terrorist Aliens.--            ``(1) Custody.--The AttorneyGeneral shall take into custody         any alien who is certified underparagraph (3).            ``(2) Release.--Except as providedin paragraphs (5) and         (6), the Attorney General shallmaintain custody of such an         alien until the alien is removed fromthe United States. Except         as provided in paragraph (6), suchcustody shall be maintained         irrespective of any relief from removalfor which the alien may         be eligible, or any relief from removalgranted the alien, until         the Attorney General determines thatthe alien is no longer an         alien who may be certified underparagraph (3). If the alien is         finally determined not to be removable,detention pursuant to         this subsection shall terminate.            ``(3) Certification.--The AttorneyGeneral may certify an         alien under this paragraph if theAttorney General has         reasonable grounds to believe that thealien--                    ``(A) is described insection 212(a)(3)(A)(i),                 212(a)(3)(A)(iii),212(a)(3)(B), 237(a)(4)(A)(i),                 237(a)(4)(A)(iii), or237(a)(4)(B); or                    ``(B) is engaged in anyother activity that                 endangers the national securityof the United States.            ``(4) Nondelegation.--The AttorneyGeneral may delegate the         authority provided under paragraph (3)only to the Deputy         Attorney General. The Deputy AttorneyGeneral may not delegate         such authority.            ``(5) Commencement <<NOTE:Deadline.>> of proceedings.--The         Attorney General shall place an aliendetained under paragraph         (1) in removal proceedings, or shallcharge the alien with a         criminal offense, not later than 7 daysafter the commencement         of such detention. If the requirementof the preceding sentence         is not satisfied, the Attorney Generalshall release the alien.            ``(6) Limitation on indefinitedetention.--An alien detained         solely under paragraph (1) who has notbeen removed under         section 241(a)(1)(A), and whose removalis unlikely in the         reasonably foreseeable future, may bedetained for additional         periods of up to six months only if therelease of the alien         will threaten the national security of theUnited States or the         safety of the community or any person.            ``(7) Review of certification.--TheAttorney General shall         review the certification made underparagraph (3) every 6         months. If the Attorney Generaldetermines, in the Attorney         General's discretion, that thecertification should be revoked,         the alien may be released on suchconditions as the Attorney         General deems appropriate, unless suchrelease is otherwise         prohibited by law. The alien mayrequest each 6 months in         writing that the Attorney Generalreconsider the certification         and may submit documents or otherevidence in support of that         request.     ``(b)Habeas Corpus and Judicial Review.--            ``(1) In general.--Judicial reviewof any action or decision         relating to this section (includingjudicial review of the         merits of a determination made undersubsection (a)(3) or         (a)(6)) is available exclusively in habeascorpus proceedings         consistent [[Page115 STAT. 352]]         with this subsection. Except asprovided in the preceding         sentence, no court shall havejurisdiction to review, by habeas         corpus petition or otherwise, any suchaction or decision.            ``(2) Application.--                    ``(A) Ingeneral.--Notwithstanding any other                 provision of law, includingsection 2241(a) of title 28,                 United States Code, habeascorpus proceedings described                 in paragraph (1) may beinitiated only by an application                 filed with--                          ``(i) the SupremeCourt;                          ``(ii) any justice ofthe Supreme Court;                          ``(iii) any circuitjudge of the United States                       Court of Appeals for theDistrict of Columbia                       Circuit; or                          ``(iv) any districtcourt otherwise having                       jurisdiction to entertainit.                    ``(B) Applicationtransfer.--Section 2241(b) of                 title 28, United States Code,shall apply to an                 application for a writ ofhabeas corpus described in                 subparagraph (A).            ``(3) Appeals.--Notwithstanding anyother provision of law,         including section 2253 of title 28, inhabeas corpus proceedings         described in paragraph (1) before a circuitor district judge,         the final order shall be subject toreview, on appeal, by the         United States Court of Appeals for theDistrict of Columbia         Circuit. There shall be no right ofappeal in such proceedings         to any other circuit court of appeals.            ``(4) Rule of decision.--The lawapplied by the Supreme         Court and the United States Court ofAppeals for the District of         Columbia Circuit shall be regarded asthe rule of decision in         habeas corpus proceedings described inparagraph (1).     ``(c) Statutory Construction.--Theprovisions of this section shall notbe applicable to any other provision of this Act.''.    (b) Clerical Amendment.--The table ofcontents of the Immigration andNationality Act is amended by inserting after the item relating to section236 the following: ``Sec.236A. Mandatory detention of suspected terrorist; habeas corpus;            judicial review.''.     (c) Reports.--Not <<NOTE: Deadline. 8USC 1226a note.>> later than 6 monthsafter the date of the enactment of this Act, and every 6 months thereafter,the Attorney General shall submit a report to the Committee onthe Judiciary of the House of Representatives and the Committee on theJudiciary of the Senate, with respect to the reporting period, on--            (1) the number of aliens certifiedunder section 236A(a)(3)         of the Immigration and Nationality Act,as added by subsection         (a);            (2) the grounds for suchcertifications;            (3) the nationalities of the aliensso certified;            (4) the length of the detention foreach alien so certified;         and            (5) the number of aliens socertified who--                    (A) were granted any formof relief from removal;                    (B) were removed;                    (C) the Attorney Generalhas determined are no                 longer aliens who may be socertified; or                    (D) were released fromdetention. [[Page115 STAT. 353]] SEC.413. MULTILATERAL COOPERATION AGAINST TERRORISTS.     Section 222(f) of the Immigration andNationality Act (8 U.S.C. 1202(f))is amended--            (1) by striking ``except that inthe discretion of'' and         inserting the following: ``exceptthat--            ``(1) in the discretion of''; and            (2) by adding at the end thefollowing:            ``(2) the Secretary of State, inthe Secretary's discretion         and on the basis of reciprocity, mayprovide to a foreign         government information in theDepartment of State's computerized         visa lookout database and, whennecessary and appropriate, other         records covered by this section relatedto information in the         database--                    ``(A) with regard toindividual aliens, at any time                 on a case-by-case basis for thepurpose of preventing,                 investigating, or punishingacts that would constitute a                 crime in the United States,including, but not limited                 to, terrorism or trafficking incontrolled substances,                 persons, or illicit weapons; or                    ``(B) with regard to any orall aliens in the                 database, pursuant to suchconditions as the Secretary                 of State shall establish in anagreement with the                 foreign government in whichthat government agrees to                 use such information and recordsfor the purposes                 described in subparagraph (A)or to deny visas to                 persons who would beinadmissible to the United                 States.''. SEC.414. <<NOTE: 8 USC 1365a note.>> VISA INTEGRITY AND SECURITY.     (a) Sense of Congress Regarding the Need ToExpedite Implementation ofIntegrated Entry and Exit Data System.--            (1) Sense of congress.--In light ofthe terrorist attacks         perpetrated against the United Stateson September 11, 2001, it         is the sense of the Congress that--                    (A) the Attorney General,in consultation with the                 Secretary of State, shouldfully implement the                 integrated entry and exit datasystem for airports,                 seaports, and land border ports ofentry, as specified                 in section 110 of the IllegalImmigration Reform and                 Immigrant Responsibility Act of1996 (8 U.S.C. 1365a),                 with all deliberate speed andas expeditiously as                 practicable; and                    (B) the Attorney General,in consultation with the                 Secretary of State, theSecretary of Commerce, the                 Secretary of the Treasury, andthe Office of Homeland                 Security, should immediatelybegin establishing the                 Integrated Entry and Exit DataSystem Task Force, as                 described in section 3 of theImmigration and                 Naturalization Service DataManagement Improvement Act                 of 2000 (Public Law 106-215).            (2) Authorization ofappropriations.--There is authorized to         be appropriated such sums as may benecessary to fully implement         the system described in paragraph(1)(A).     (b) Development of the System.--In thedevelopment of the integrated entryand exit data system under section 110 of the Illegal Immigration Reformand Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), the AttorneyGeneral and the Secretary of State shall particularly focus on--            (1) the utilization of biometrictechnology; and [[Page115 STAT. 354]]             (2) the development oftamper-resistant documents readable         at ports of entry.     (c) Interface With Law EnforcementDatabases.--The entry and exit datasystem described in this section shall be able to interface with lawenforcement databases for use by Federal law enforcement to identify anddetain individuals who pose a threat to the national security of the UnitedStates.    (d) Report <<NOTE: Deadline.>>on Screening Information.--Not later than12 months after the date of enactment of this Act, the Office of HomelandSecurity shall submit a report to Congress on the information thatis needed from any United States agency to effectively screen visa applicantsand applicants for admission to the United States to identify thoseaffiliated with terrorist organizations or those that pose any threatto the safety or security of the United States, including the typeof information currently received by United States agencies and the regularitywith which such information is transmitted to the Secretary ofState and the Attorney General. SEC.415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON ENTRY-EXIT             TASK FORCE.     Section 3 of the Immigration andNaturalization Service Data ManagementImprovement Act of 2000 <<NOTE: 8 USC 1365a note.>> (Public Law106-215) is amended by striking ``and the Secretary of the Treasury,''and inserting ``the Secretary of the Treasury, and the Officeof Homeland Security''. SEC.416. FOREIGN STUDENT MONITORING PROGRAM.     (a) Full <<NOTE: 8 USC 1372note.>> Implementation and Expansion of ForeignStudent Visa Monitoring Program Required.--The Attorney General, inconsultation with the Secretary of State, shall fully implement and expandthe program established by section 641(a) of the Illegal ImmigrationReform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).     (b) Integration <<NOTE: 8 USC 1372note.>> With Port of Entry Information.--Foreach alien with respect to whom information is collectedunder section 641 of the Illegal Immigration Reform and ImmigrantResponsibility Act of 1996 (8 U.S.C. 1372), the Attorney General,in consultation with the Secretary of State, shall include informationon the date of entry and port of entry.     (c) Expansion of System To Include OtherApproved Educational Institutions.--Section641 of the Illegal Immigration Reform and ImmigrantResponsibility Act of 1996 (8 U.S.C.1372) is amended--            (1) in subsection (a)(1),subsection (c)(4)(A), and         subsection (d)(1) (in the text abovesubparagraph (A)), by         inserting ``, other approvededucational institutions,'' after         ``higher education'' each place itappears;            (2) in subsections (c)(1)(C),(c)(1)(D), and (d)(1)(A), by         inserting ``, or other approvededucational institution,'' after         ``higher education'' each place itappears;            (3) in subsections (d)(2), (e)(1),and (e)(2), by inserting         ``, other approved educationalinstitution,'' after ``higher         education'' each place it appears; and            (4) in subsection (h), by adding atthe end the following         new paragraph:            ``(3) Other approved educationalinstitution.--The term         `other approved educationalinstitution' includes any air flight         school, language training school, orvocational school, [[Page115 STAT. 355]]         approved by the Attorney General, inconsultation with the         Secretary of Education and theSecretary of State, under         subparagraph (F), (J), or (M) ofsection 101(a)(15) of the         Immigration and Nationality Act.''.     (d) Authorization <<NOTE: Effectivedate. Termination date.>> of Appropriations.--Thereis authorized to be appropriated to the Departmentof Justice $36,800,000 for the period beginning on the date ofenactment of this Act and ending on January 1, 2003, to fully implementand expand prior to January 1, 2003, the program established bysection 641(a) of the Illegal Immigration Reform and Immigrant ResponsibilityAct of 1996 (8 U.S.C. 1372(a)). SEC.417. MACHINE READABLE PASSPORTS.     (a) Audits.--The <<NOTE: Terminationdate. 8 USC 1187 note.>>Secretary of State shall, each fiscal year until September 30, 2007--            (1) perform annual audits of theimplementation of section         217(c)(2)(B) of the Immigration andNationality Act (8 U.S.C.         1187(c)(2)(B));            (2) check for the implementation ofprecautionary measures         to prevent the counterfeiting and theftof passports; and            (3) ascertain that countriesdesignated under the visa         waiver program have established aprogram to develop tamper-        resistant passports.     (b) Periodic <<NOTE: Effective date.Termination date. 8 USC 1187 note.>>Reports.--Beginning one year after the date of enactment of this Act,and every year thereafter until 2007, the Secretary of State shall submita report to Congress setting forth the findings of the most recentaudit conducted under subsection (a)(1).     (c) Advancing Deadline for Satisfaction ofRequirement.--Section 217(a)(3)of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) isamended by striking ``2007'' and inserting ``2003''.    (d) Waiver.--Section 217(a)(3) of theImmigration and Nationality Act(8 U.S.C. 1187(a)(3)) is amended--            (1) by striking ``On or after'' andinserting the following:                    ``(A) In general.--Exceptas provided in                 subparagraph (B), on orafter''; and            (2) by adding at the end thefollowing:                    ``(B) Limited <<NOTE:Effective date. Termination                 date.>> waiverauthority.--For the period beginning                 October 1, 2003, and ending September 30,2007, the                 Secretary of State may waivethe requirement of                 subparagraph (A) with respectto nationals of a program                 country (as designated undersubsection (c)), if the                 Secretary of State finds thatthe program country--                          ``(i) is makingprogress toward ensuring that                       passports meeting therequirement of subparagraph                       (A) are generallyavailable to its nationals; and                          ``(ii) has takenappropriate measures to                       protect against misuse ofpassports the country                       has issued that do notmeet the requirement of                       subparagraph (A).''. SEC.418. <<NOTE: 8 USC 1201 note.>> PREVENTION OF CONSULATE SHOPPING.     (a) Review.--The Secretary of State shallreview how consular officersissue visas to determine if consular shopping is a problem. [[Page115 STAT. 356]]     (b) Actions to be Taken.--If the Secretaryof State determines under subsection(a) that consular shopping is a problem, the Secretary shall takesteps to address the problem and shall submit a report to Congress describingwhat action was taken.     Subtitle C--Preservation of ImmigrationBenefits for Victims of                                 Terrorism SEC.421. SPECIAL IMMIGRANT STATUS.     (a) In General.--For purposes of theImmigration and Nationality Act (8U.S.C. 1101 et seq.), the Attorney General may provide an alien describedin subsection (b) with the status of a special immigrant under section101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the alien--            (1) files with the Attorney Generala petition under section         204 of such Act (8 U.S.C. 1154) forclassification under section         203(b)(4) of such Act (8 U.S.C.1153(b)(4)); and            (2) is otherwise eligible toreceive an immigrant visa and         is otherwise admissible to the UnitedStates for permanent         residence, except in determining suchadmissibility, the grounds         for inadmissibility specified insection 212(a)(4) of such Act         (8 U.S.C. 1182(a)(4)) shall not apply.     (b) Aliens Described.--            (1) Principal aliens.--An alien isdescribed in this         subsection if--                    (A) the alien was thebeneficiary of--                          (i) a petition thatwas filed with the                       Attorney General on orbefore September 11, 2001--                                    (I) undersection 204 of the                                 Immigration andNationality Act (8                                 U.S.C. 1154) toclassify the alien as a                                 family-sponsored immigrant undersection                                 203(a) of suchAct (8 U.S.C. 1153(a)) or                                 as anemployment-based immigrant under                                 section 203(b)of such Act (8 U.S.C.                                 1153(b)); or                                    (II) undersection 214(d) (8 U.S.C.                                 1184(d)) ofsuch Act to authorize the                                 issuance of anonimmigrant visa to the                                 alien undersection 101(a)(15)(K) of                                 such Act (8U.S.C. 1101(a)(15)(K)); or                          (ii) an applicationfor labor certification                       under section212(a)(5)(A) of such Act (8 U.S.C.                       1182(a)(5)(A)) that wasfiled under regulations of                       the Secretary of Labor onor before such date; and                    (B) such petition orapplication was revoked or                 terminated (or otherwiserendered null), either before                 or after its approval, due to aspecified terrorist                 activity that directly resultedin--                          (i) the death ordisability of the petitioner,                       applicant, or alienbeneficiary; or                          (ii) loss ofemployment due to physical damage                       to, or destruction of,the business of the                       petitioner or applicant.            (2) Spouses and children.--                    (A) In general.--An alienis described in this                 subsection if-- [[Page115 STAT. 357]]                           (i) the alien was, onSeptember 10, 2001, the                       spouse or child of aprincipal alien described in                       paragraph (1); and                          (ii) the alien--                                    (I) isaccompanying such principal                                 alien; or                                    (II) isfollowing to join such                                 principal aliennot later than September                                 11, 2003.                    (B) Construction.--Forpurposes of construing the                 terms ``accompanying'' and``following to join'' in                 subparagraph (A)(ii), any deathof a principal alien                 that is described in paragraph(1)(B)(i) shall be                 disregarded.            (3) Grandparents of orphans.--Analien is described in this         subsection if the alien is agrandparent of a child, both of         whose parents died as a direct resultof a specified terrorist         activity, if either of such deceasedparents was, on September         10, 2001, a citizen or national of theUnited States or an alien         lawfully admitted for permanentresidence in the United States.     (c) Priority Date.--Immigrant visas madeavailable under this sectionshall be issued to aliens in the order in which a petition on behalfof each such alien is filed with the Attorney General under subsection(a)(1), except that if an alien was assigned a priority date withrespect to a petition described in subsection (b)(1)(A)(i), the alienmay maintain that priority date.    (d) Numerical Limitations.--For purposes ofthe application of sections201 through 203 of the Immigration and Nationality Act (8 U.S.C.1151-1153) in any fiscal year, aliens eligible to be provided statusunder this section shall be treated as special immigrants describedin section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who arenot described in subparagraph (A), (B), (C), or (K) of such section. SEC.422. EXTENSION OF FILING OR REENTRY DEADLINES.     (a) Automatic Extension of NonimmigrantStatus.--            (1) In general.--Notwithstandingsection 214 of the         Immigration and Nationality Act (8U.S.C. 1184), in the case of         an alien described in paragraph (2) whowas lawfully present in         the United States as a nonimmigrant onSeptember 10, 2001, the         alien may remain lawfully in the UnitedStates in the same         nonimmigrant status until the laterof--                    (A) the date such lawfulnonimmigrant status                 otherwise would have terminatedif this subsection had                 not been enacted; or                    (B) 1 year after the deathor onset of disability                 described in paragraph (2).            (2) Aliens described.--                    (A) Principal aliens.--Analien is described in this                 paragraph if the alien wasdisabled as a direct result                 of a specified terroristactivity.                    (B) Spouses andchildren.--An alien is described in                 this paragraph if the alienwas, on September 10, 2001,                 the spouse or child of--                          (i) a principal aliendescribed in                       subparagraph (A); or                          (ii) an alien whodied as a direct result of a                       specified terroristactivity. [[Page115 STAT. 358]]             (3) Authorized employment.--Duringthe period in which a         principal alien or alien spouse is inlawful nonimmigrant status         under paragraph (1), the alien shall beprovided an ``employment         authorized'' endorsement or otherappropriate document         signifying authorization of employmentnot later than 30 days         after the alien requests suchauthorization.     (b) New Deadlines for Extension or Changeof Nonimmigrant Status.--            (1) Filing delays.--In the case ofan alien who was lawfully         present in the United States as anonimmigrant on September 10,         2001, if the alien was prevented fromfiling a timely         application for an extension or changeof nonimmigrant status as         adirect result of a specified terrorist activity, the alien's         application shall be considered timelyfiled if it is filed not         later than 60 days after it otherwisewould have been due.            (2) Departure delays.--In the caseof an alien who was         lawfully present in the United Statesas a nonimmigrant on         September 10, 2001, if the alien isunable timely to depart the         United States as a direct result of aspecified terrorist         activity, the alien shall not beconsidered to have been         unlawfully present in the United Statesduring the period         beginning on September 11, 2001, andending on the date of the         alien's departure, if such departureoccurs on or before         November 11, 2001.            (3) Special rule for aliens unableto return from abroad.--                    (A) Principal aliens.--Inthe case of an alien who                 was in a lawful nonimmigrantstatus on September 10,                 2001, but who was not presentin the United States on                 such date, if the alien wasprevented from returning to                 the United States in order tofile a timely application                 for an extension of nonimmigrantstatus as a direct                 result of a specified terroristactivity--                          (i) the alien'sapplication shall be                       considered timely filedif it is filed not later                       than 60 days after itotherwise would have been                       due; and                          (ii) the alien'slawful nonimmigrant status                       shall be considered tocontinue until the later                       of--                                    (I) the date such statusotherwise                                 would haveterminated if this                                 subparagraphhad not been enacted; or                                    (II) thedate that is 60 days after                                 the date onwhich the application                                 described inclause (i) otherwise would                                 have been due.                    (B) Spouses andchildren.--In the case of an alien                 who is the spouse or child of aprincipal alien                 described in subparagraph (A),if the spouse or child                 was in a lawful nonimmigrantstatus on September 10,                 2001, the spouse or child mayremain lawfully in the                 United States in the samenonimmigrant status until the                 later of--                          (i) the date suchlawful nonimmigrant status                       otherwise would have terminated if this                      subparagraph had not beenenacted; or                          (ii) the date that is60 days after the date                       on which the applicationdescribed in subparagraph                       (A) otherwise would havebeen due.            (4) Circumstances preventing timelyaction.-- [[Page115 STAT. 359]]                     (A) Filing delays.--Forpurposes of paragraph (1),                 circumstances preventing an alienfrom timely acting                 are--                          (i) office closures;                          (ii) mail or courierservice cessations or                       delays; and                          (iii) other closures,cessations, or delays                       affecting case processingor travel necessary to                       satisfy legalrequirements.                    (B) Departure and returndelays.--For purposes of                 paragraphs (2) and (3),circumstances preventing an                 alien from timely acting are--                          (i) office closures;                          (ii) airline flightcessations or delays; and                          (iii) other closures,cessations, or delays                       affecting case processingor travel necessary to                       satisfy legalrequirements.     (c) Diversity Immigrants.--            (1) Waiver of fiscal yearlimitation.--Notwithstanding         section 203(e)(2) of the Immigrationand Nationality Act (8         U.S.C. 1153(e)(2)), an immigrant visanumber issued to an alien         under section 203(c) of such Act forfiscal year 2001 may be         used by the alien during the periodbeginning on October 1,         2001, and ending on April 1, 2002, ifthe alien establishes that         the alien was prevented from using itduring fiscal year 2001 as         a direct result of a specifiedterrorist activity.            (2) Worldwide level.--In the caseof an alien entering the         United States as a lawful permanentresident, or adjusting to         that status, under paragraph (1) or(3), the alien shall be         counted as a diversity immigrant forfiscal year 2001 for         purposes of section 201(e) of theImmigration and Nationality         Act (8 U.S.C. 1151(e)), unless theworldwide level under such         section for such year has beenexceeded, in which case the alien         shall be counted as a diversityimmigrant for fiscal year 2002.            (3) Treatment of family members ofcertain aliens.--In the         case of a principal alien issued animmigrant visa number under         section 203(c) of the Immigration andNationality Act (8 U.S.C.         1153(c)) for fiscal year 2001, if suchprincipal alien died as a         direct result of a specified terroristactivity, the aliens who         were, on September 10, 2001, the spouseand children of such         principal alien shall, until June 30,2002, if not otherwise         entitled to an immigrant status and theimmediate issuance of a         visa under subsection (a), (b), or (c)of section 203 of such         Act, be entitled to the same status,and the same order of         consideration, that would have beenprovided to such alien         spouse or child under section 203(d) ofsuch Act as if the         principal alien were not deceased andas if the spouse or         child's visa application had beenadjudicated by September 30,         2001.            (4) Circumstances preventing timelyaction.--For purposes of         paragraph (1), circumstances preventingan alien from using an         immigrant visa number during fiscalyear 2001 are--                    (A) office closures;                    (B) mail or courier servicecessations or delays;                    (C) airline flightcessations or delays; and                    (D) other closures,cessations, or delays affecting                 case processing or travelnecessary to satisfy legal                 requirements. [[Page115 STAT. 360]]     (d) Extension of Expiration of ImmigrantVisas.--            (1) In general.--Notwithstandingthe limitations under         section 221(c) of the Immigration andNationality Act (8 U.S.C.         1201(c)), in the case of any immigrantvisa issued to an alien         that expires or expired before December31, 2001, if the alien         was unable to effect entry into theUnited States as a direct         result of a specified terroristactivity, then the period of         validity of the visa is extended untilDecember 31, 2001, unless         a longer period of validity isotherwise provided under this         subtitle.            (2) Circumstances preventingentry.--For purposes of this         subsection, circumstances preventing analien from effecting         entry into the United States are--                    (A) office closures;                    (B) airline flightcessations or delays; and                    (C) other closures,cessations, or delays affecting                 case processing or travelnecessary to satisfy legal                 requirements.     (e) Grants of Parole Extended.--            (1) In general.--In the case of anyparole granted by the         Attorney General under section212(d)(5) of the Immigration and         Nationality Act (8 U.S.C. 1182(d)(5))that expires on a date on         or after September 11, 2001, if thealien beneficiary of the         parole was unable to return to theUnited States prior to the         expiration date as a direct result of aspecified terrorist         activity, the parole is deemed extendedfor an additional 90         days.            (2) Circumstances preventingreturn.--For purposes of this         subsection, circumstances preventing analien from timely         returning to the United States are--                    (A) office closures;                    (B) airline flightcessations or delays; and                    (C) other closures,cessations, or delays affecting                 case processing or travelnecessary to satisfy legal                 requirements.     (f) Voluntary Departure.--Notwithstandingsection 240B of the Immigrationand Nationality Act (8 U.S.C. 1229c), if a period for voluntarydeparture under such section expired during the period beginningon September 11, 2001, and ending on October 11, 2001, such voluntarydeparture period is deemed extended for an additional 30 days. SEC.423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND             CHILDREN.     (a) Treatment as Immediate Relatives.--            (1) Spouses.--Notwithstanding thesecond sentence of section         201(b)(2)(A)(i) of the Immigration andNationality Act (8 U.S.C.         1151(b)(2)(A)(i)), in the case of analien who was the spouse of         a citizen of the United States at thetime of the citizen's         death and was not legally separatedfrom the citizen at the time         of the citizen's death, if the citizendied as a direct result         of a specified terrorist activity, thealien (and each child of         the alien) shall be considered, forpurposes of section 201(b)         of such Act, to remain an immediaterelative after the date of         the citizen's death, but only if thealien files a petition         under section 204(a)(1)(A)(ii) of suchAct within 2 years after         such date and only until the date the alienremarries. For         purposes of such section204(a)(1)(A)(ii), an alien granted         relief under the preceding sentenceshall be considered [[Page115 STAT. 361]]         an alien spouse described in the secondsentence of section         201(b)(2)(A)(i) of such Act.            (2) Children.--                    (A) In general.--In thecase of an alien who was the                 child of a citizen of theUnited States at the time of                 the citizen's death, if the citizen died asa direct                 result of a specified terroristactivity, the alien                 shall be considered, forpurposes of section 201(b) of                 the Immigration and NationalityAct (8 U.S.C. 1151(b)),                 to remain an immediate relativeafter the date of the                 citizen's death (regardless ofchanges in age or marital                 status thereafter), but only ifthe alien files a                 petition under subparagraph (B)within 2 years after                 such date.                    (B) Petitions.--An aliendescribed in subparagraph                 (A) may file a petition withthe Attorney General for                 classification of the alienunder section                 201(b)(2)(A)(i) of theImmigration and Nationality Act                 (8 U.S.C. 1151(b)(2)(A)(i)).For purposes of such Act,                 such a petition shall beconsidered a petition filed                 under section 204(a)(1)(A) ofsuch Act (8 U.S.C.                 1154(a)(1)(A)).     (b) Spouses, Children, Unmarried Sons andDaughters of Lawful PermanentResident Aliens.--            (1) In general.--Any spouse, child,or unmarried son or         daughter of an alien described inparagraph (3) who is included         in a petition for classification as afamily-sponsored immigrant         under section 203(a)(2) of theImmigration and Nationality Act         (8 U.S.C. 1153(a)(2)) that was filed bysuch alien before         September 11, 2001, shall be considered(if the spouse, child,         son, or daughter has not been admittedor approved for lawful         permanent residence by such date) avalid petitioner for         preference status under such sectionwith the same priority date         as that assigned prior to the deathdescribed in paragraph         (3)(A). No new petition shall berequired to be filed. Such         spouse, child, son, or daughter may beeligible for deferred         action and work authorization.            (2) Self-petitions.--Any spouse,child, or unmarried son or         daughter of an alien described inparagraph (3) who is not a         beneficiary of a petition forclassification as a family-        sponsored immigrant under section203(a)(2) of the Immigration         and Nationality Act may file a petitionfor such classification         with the Attorney General, if thespouse, child, son, or         daughter was present in the UnitedStates on September 11, 2001.         Such spouse, child, son, or daughtermay be eligible for         deferred action and work authorization.            (3) Aliens described.--An alien isdescribed in this         paragraph if the alien--                    (A) died as a direct resultof a specified terrorist                 activity; and                    (B) on the day of suchdeath, was lawfully admitted                 for permanent residence in theUnited States.     (c) Applications for Adjustment of Statusby Surviving Spouses and Childrenof Employment-Based Immigrants.--            (1) In general.--Any alien who was,on September 10, 2001,         the spouse or child of an aliendescribed in paragraph (2), and         who applied for adjustment of statusprior to the death         described in paragraph (2)(A), may havesuch application         adjudicated as if such death had notoccurred. [[Page115 STAT. 362]]             (2) Aliens described.--An alien isdescribed in this         paragraph if the alien--                    (A) died as a direct resultof a specified terrorist                 activity; and                    (B) on the day before suchdeath, was--                          (i) an alien lawfullyadmitted for permanent                       residence in the UnitedStates by reason of having                       been allotted a visaunder section 203(b) of the                       Immigration andNationality Act (8 U.S.C.                       1153(b)); or                          (ii) an applicant foradjustment of status to                       that of an aliendescribed in clause (i), and                       admissible to the UnitedStates for permanent                       residence.     (d) Waiver of Public Charge Grounds.--Indetermining the admissibilityof any alien accorded an immigration benefit under this section,the grounds for inadmissibility specified in section 212(a)(4) ofthe Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not apply. SEC.424. ``AGE-OUT'' PROTECTION FOR CHILDREN.     For purposes of the administration of theImmigration and NationalityAct (8 U.S.C. 1101 et seq.), in the case of an alien--            (1) whose 21st birthday occurs inSeptember 2001, and who is         the beneficiary of a petition orapplication filed under such         Act on or before September 11, 2001,the alien shall be         considered to be a child for 90 daysafter the alien's 21st         birthday for purposes of adjudicatingsuch petition or         application; and            (2) whose 21st birthday occursafter September 2001, and who         is the beneficiary of a petition orapplication filed under such         Act on or before September 11, 2001,the alien shall be         considered to be a child for 45 daysafter the alien's 21st         birthday for purposes of adjudicatingsuch petition or         application. SEC.425. TEMPORARY ADMINISTRATIVE RELIEF.     The Attorney General, for humanitarianpurposes or to ensure family unity,may provide temporary administrative relief to any alien who--            (1) was lawfully present in theUnited States on September         10, 2001;            (2) was on such date the spouse,parent, or child of an         individual who died or was disabled asa direct result of a         specified terrorist activity; and            (3) is not otherwise entitled torelief under any other         provision of this subtitle. SEC.426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.     (a) In General.--The Attorney General shallestablish appropriate standardsfor evidence demonstrating, for purposes of this subtitle, thatany of the following occurred as a direct result of a specified terroristactivity:            (1) Death.            (2) Disability.            (3) Loss of employment due tophysical damage to, or         destruction of, a business.     (b) Waiver of Regulations.--The AttorneyGeneral shall carry out subsection(a) as expeditiously as possible. The Attorney General [[Page115 STAT. 363]] isnot required to promulgate regulations prior to implementing this subtitle. SEC.427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF TERRORISTS.     Notwithstanding any other provision of thissubtitle, nothing in thissubtitle shall be construed to provide any benefit or relief to--            (1) any individual culpable for aspecified terrorist         activity; or            (2) any family member of anyindividual described in         paragraph (1). SEC.428. DEFINITIONS.     (a) Application of Immigration andNationality Act Provisions.--Exceptas otherwise specifically provided in this subtitle, the definitionsused in the Immigration and Nationality Act (excluding the definitionsapplicable exclusively to title III of such Act) shall apply inthe administration of this subtitle.    (b) Specified Terrorist Activity.--Forpurposes of this subtitle, theterm ``specified terrorist activity'' means any terrorist activity conductedagainst the Government or the people of the United States on September11, 2001.          TITLE V--REMOVING OBSTACLES TOINVESTIGATING TERRORISM SEC.501. <<NOTE: 18 USC 3071 note.>> ATTORNEY GENERAL'S AUTHORITY TO             PAY REWARDS TO COMBAT TERRORISM.     (a) Payment of Rewards To CombatTerrorism.--Funds available to the AttorneyGeneral may be used for the payment of rewards pursuant to publicadvertisements for assistance to the Department of Justice to combatterrorism and defend the Nation against terrorist acts, in accordancewith procedures and regulations established or issued by the AttorneyGeneral.    (b) Conditions.--In making rewards underthis section--            (1) no such reward of $250,000 ormore may be made or         offered without the personal approvalof either the Attorney         General or the President;            (2) <<NOTE: Notice.Deadline.>> the Attorney General shall         give written notice to the Chairmen andranking minority members         of the Committees on Appropriations andthe Judiciary of the         Senate and of the House ofRepresentatives not later than 30         days after the approval of a rewardunder paragraph (1);            (3) any executive agency ormilitary department (as defined,         respectively, in sections 105 and 102of title 5, United States         Code) may provide the Attorney Generalwith funds for the         payment of rewards;            (4) neither the failure of theAttorney General to authorize         a payment nor the amount authorizedshall be subject to judicial         review; and            (5) no such reward shall be subjectto any per- or aggregate         reward spending limitation establishedby law, unless that law         expressly refers to this section, andno reward paid pursuant to         any such offer shall count toward anysuch aggregate reward         spending limitation. [[Page115 STAT. 364]] SEC.502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.     Section 36 of the State Department BasicAuthorities Act of 1956 (PublicLaw 885, August 1, 1956; 22 U.S.C. 2708) is amended--            (1) in subsection (b)--                    (A) in paragraph (4), bystriking ``or'' at the end;                    (B) in paragraph (5), bystriking the period at the                 end and inserting ``, includingby dismantling an                 organization in whole or significantpart; or''; and                    (C) by adding at the endthe following:            ``(6) the identification orlocation of an individual who         holds a key leadership position in aterrorist organization.'';            (2) in subsection (d), by strikingparagraphs (2) and (3)         and redesignating paragraph (4) asparagraph (2); and            (3) in subsection (e)(1), byinserting ``, except as         personally authorized by the Secretaryof State if he determines         that offer or payment of an award of alarger amount is         necessary to combat terrorism or defendthe Nation against         terrorist acts.'' after ``$5,000,000''. SEC.503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS.     Section 3(d)(2) of the DNA Analysis BacklogElimination Act of 2000 (42U.S.C. 14135a(d)(2)) is amended to read as follows:            ``(2) In addition to the offensesdescribed in paragraph         (1), the following offenses shall betreated for purposes of         this section as qualifying Federaloffenses, as determined by         the Attorney General:                    ``(A) Any offense listed insection 2332b(g)(5)(B)                 of title 18, United StatesCode.                    ``(B) Any crime of violence(as defined in section                 16 of title 18, United StatesCode).                    ``(C) Any attempt orconspiracy to commit any of the                 above offenses.''. SEC.504. COORDINATION WITH LAW ENFORCEMENT.     (a) Information Acquired From an ElectronicSurveillance.--Section 106of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806),is amended by adding at the end the following:    ``(k)(1) Federal officers who conductelectronic surveillance to acquireforeign intelligence information under this title may consult withFederal law enforcement officers to coordinate efforts to investigateor protect against--            ``(A) actual or potential attack orother grave hostile acts        of a foreign power or an agent of a foreign power;            ``(B) sabotage or internationalterrorism by a foreign power         or an agent of a foreign power; or            ``(C) clandestine intelligenceactivities by an intelligence         service or network of a foreign poweror by an agent of a         foreign power.     ``(2) Coordination authorized underparagraph (1) shall not preclude thecertification required by section 104(a)(7)(B) or the entry of an orderunder section 105.''.    (b) Information Acquired From a PhysicalSearch.--Section 305 of the ForeignIntelligence Surveillance Act of 1978 (50 U.S.C. 1825) is amendedby adding at the end the following: [[Page115 STAT. 365]]     ``(k)(1) Federal officers who conductphysical searches to acquire foreignintelligence information under this title may consult with Federallaw enforcement officers to coordinate efforts to investigate or protectagainst--            ``(A) actual or potential attack orother grave hostile acts         of a foreign power or an agent of aforeign power;            ``(B) sabotage or internationalterrorism by a foreign power         or an agent of a foreign power; or            ``(C) clandestine intelligenceactivities by an intelligence         service or network of a foreign poweror by an agent of a         foreign power.     ``(2) Coordination authorized underparagraph (1) shall not preclude thecertification required by section 303(a)(7) or the entry of an order undersection 304.''. SEC.505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.     (a) Telephone Toll and TransactionalRecords.--Section 2709(b) of title18, United States Code, is amended--            (1) in the matter precedingparagraph (1), by inserting ``at         Bureau headquarters or a Special Agentin Charge in a Bureau         field office designated by theDirector'' after ``Assistant         Director'';            (2) in paragraph (1)--                    (A) by striking ``in aposition not lower than                 Deputy Assistant Director'';and                    (B) by striking ``madethat'' and all that follows                 and inserting the following:``made that the name,                 address, length of service, andtoll billing records                 sought are relevant to anauthorized investigation to                 protect against internationalterrorism or clandestine                 intelligence activities,provided that such an                 investigation of a UnitedStates person is not conducted                 solely on the basis ofactivities protected by the first                 amendment to the Constitutionof the United States;                 and''; and            (3) in paragraph (2)--                    (A) by striking ``in aposition not lower than                 Deputy Assistant Director'';and                    (B) by striking ``madethat'' and all that follows                 and inserting the following:``made that the information                 sought is relevant to anauthorized investigation to                 protect against internationalterrorism or clandestine                 intelligence activities,provided that such an                 investigation of a United Statesperson is not conducted                 solely upon the basis ofactivities protected by the                 first amendment to theConstitution of the United                 States.''.     (b) Financial Records.--Section1114(a)(5)(A) of the Right to FinancialPrivacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended--            (1) by inserting ``in a positionnot lower than Deputy         Assistant Director at Bureauheadquarters or a Special Agent in         Charge in a Bureau field officedesignated by the Director''         after ``designee''; and            (2) by striking ``sought'' and allthat follows and         inserting ``sought for foreign counterintelligence purposes to         protect against international terrorismor clandestine         intelligence activities, provided thatsuch an investigation of         a United States [[Page115 STAT. 366]]         person is not conducted solely upon thebasis of activities         protected by the first amendment to theConstitution of the         United States.''.     (c) Consumer Reports.--Section 624 of theFair Credit Reporting Act (15U.S.C. 1681u) is amended--            (1) in subsection (a)--                    (A) by inserting ``in aposition not lower than                 Deputy Assistant Director atBureau headquarters or a                 Special Agent in Charge of aBureau field office                 designated by the Director''after ``designee'' the                first place it appears; and                    (B) by striking ``inwriting that'' and all that                 follows through the end andinserting the following:                 ``in writing, that suchinformation is sought for the                 conduct of an authorizedinvestigation to protect                 against international terrorismor clandestine                 intelligence activities,provided that such an                 investigation of a UnitedStates person is not conducted                 solely upon the basis ofactivities protected by the                 first amendment to theConstitution of the United                 States.'';            (2) in subsection (b)--                    (A) by inserting ``in aposition not lower than                 Deputy Assistant Director atBureau headquarters or a                 Special Agent in Charge of aBureau field office                 designated by the Director''after ``designee'' the                 first place it appears; and                    (B) by striking ``inwriting that'' and all that                 follows through the end andinserting the following:                 ``in writing that suchinformation is sought for the                 conduct of an authorizedinvestigation to protect                 against international terrorismor clandestine                 intelligence activities,provided that such an                 investigation of a United Statesperson is not conducted                 solely upon the basis ofactivities protected by the                 first amendment to theConstitution of the United                 States.''; and            (3) in subsection (c)--                    (A) by inserting ``in aposition not lower than                 Deputy Assistant Director atBureau headquarters or a                 Special Agent in Charge in aBureau field office                 designated by the Director''after ``designee of the                 Director''; and                    (B) by striking ``in camerathat'' and all that                 follows through ``States.'' andinserting the following:                 ``in camera that the consumerreport is sought for the                 conduct of an authorizedinvestigation to protect                 against international terrorismor clandestine                 intelligence activities,provided that such an                 investigation of a UnitedStates person is not conducted                 solely upon the basis ofactivities protected by the                 first amendment to theConstitution of the United                 States.''. SEC.506. EXTENSION OF SECRET SERVICE JURISDICTION.     (a) Concurrent Jurisdiction Under 18 U.S.C.1030.--Section 1030(d) oftitle 18, United States Code, is amended to read as follows:    ``(d)(1) The United States Secret Serviceshall, in addition to any otheragency having such authority, have the authority to investigate offensesunder this section. [[Page115 STAT. 367]]     ``(2) The Federal Bureau of Investigationshall have primary authorityto investigate offenses under subsection (a)(1) for any cases involvingespionage, foreign counterintelligence, information protected againstunauthorized disclosure for reasons of national defense or foreignrelations, or Restricted Data (as that term is defined in section11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except foroffenses affecting the duties of the United States Secret Service pursuantto section 3056(a) of this title.    ``(3) Such authority shall be exercised inaccordance with an agreementwhich shall be entered into by the Secretary of the Treasury andthe Attorney General.''.    (b) Reauthorization of Jurisdiction under18 U.S.C. 1344.--Section 3056(b)(3)of title 18, United States Code, is amended by striking ``creditand debit card frauds, and false identification documents or devices''and inserting ``access device frauds, false identification documentsor devices, and any fraud or other criminal or unlawful activityin or against any federally insured financial institution''. SEC.507. DISCLOSURE OF EDUCATIONAL RECORDS.     Section 444 of the General Education ProvisionsAct (20 U.S.C. 1232g),is amended by adding after subsection (i) a new subsection (j) toread as follows:    ``(j) Investigation and Prosecution ofTerrorism.--            ``(1) In general.--Notwithstandingsubsections (a) through         (i) or any provision of State law, theAttorney General (or any         Federal officer or employee, in aposition not lower than an         Assistant Attorney General, designatedby the Attorney General)         may submit a written application to acourt of competent         jurisdiction for an ex parte orderrequiring an educational         agency or institution to permit theAttorney General (or his         designee) to--                    ``(A) collect educationrecords in the possession of                 the educational agency orinstitution that are relevant                 to an authorized investigationor prosecution of an                 offense listed in section2332b(g)(5)(B) of title 18                 United States Code, or an actof domestic or                 international terrorism asdefined in section 2331 of                 that title; and                    ``(B) for official purposesrelated to the                 investigation or prosecution ofan offense described in                 paragraph (1)(A), retain,disseminate, and use                 (including as evidence at trialor in other                 administrative or judicialproceedings) such records,                 consistent with such guidelinesas the Attorney General,                 after consultation with theSecretary, shall issue to                 protect confidentiality.            ``(2) Application and approval.--                    ``(A) In general.--Anapplication under paragraph                 (1) shall certify that there are specificand                 articulable facts giving reasonto believe that the                 education records are likely tocontain information                 described in paragraph (1)(A).                    ``(B) <<NOTE: Courts.>> The courtshall issue an                 order described in paragraph(1) if the court finds that                 the application for the orderincludes the certification                 described in subparagraph (A).            ``(3) Protection of educationalagency or institution.--An         educational agency or institution that,in good faith, produces         education records in accordance with anorder issued [[Page115 STAT. 368]]         under this subsection shall not beliable to any person for that         production.            ``(4) Record-keeping.--Subsection(b)(4) does not apply to         education records subject to a courtorder under this         subsection.''. SEC.508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.     Section 408 of the National EducationStatistics Act of 1994 (20 U.S.C.9007), is amended by adding after subsection (b) a new subsection (c)to read as follows:    ``(c) Investigation and Prosecution ofTerrorism.--            ``(1) In General.--Notwithstandingsubsections (a) and (b),         the Attorney General (or any Federalofficer or employee, in a         position not lower than an AssistantAttorney General,         designated by the Attorney General) maysubmit a written         application to a court of competentjurisdiction for an ex parte         order requiring the Secretary to permitthe Attorney General (or         his designee) to--                    ``(A) collect reports,records, and information                 (including individuallyidentifiable information) in the                 possession of the center thatare relevant to an                 authorized investigation or prosecutionof an offense                 listed in section2332b(g)(5)(B) of title 18, United                 States Code, or an act ofdomestic or international                 terrorism as defined in section2331 of that title; and                    ``(B) for official purposesrelated to the                 investigation or prosecution ofan offense described in                 paragraph (1)(A), retain,disseminate, and use                 (including as evidence at trialor in other                 administrative or judicial proceedings) such                 information, consistent withsuch guidelines as the                 Attorney General, afterconsultation with the Secretary,                 shall issue to protectconfidentiality.            ``(2) Application and approval.--                    ``(A) In <<NOTE:Certification.>> general.--An                 application under paragraph (1)shall certify that there                 are specific and articulablefacts giving reason to                 believe that the information sought isdescribed in                 paragraph (1)(A).                    ``(B) <<NOTE:Courts.>> The court shall issue an                 order described in paragraph(1) if the court finds that                 the application for the orderincludes the certification                 described in subparagraph (A).                    ``(3) Protection.--Anofficer or employee of the                 Department who, in good faith,produces information in                 accordance with an order issuedunder this subsection                 does not violate subsection(b)(2) and shall not be                 liable to any person for thatproduction.''. [[Page115 STAT. 369]]  TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM,PUBLIC SAFETY OFFICERS,                            AND THEIR FAMILIES           Subtitle A--Aid to Families of PublicSafety Officers SEC.611. <<NOTE: 42 USC 3796c-1.>> EXPEDITED PAYMENT FOR PUBLIC SAFETY             OFFICERS INVOLVED IN THEPREVENTION, INVESTIGATION, RESCUE,             OR RECOVERY EFFORTS RELATED TO ATERRORIST ATTACK.     (a) In General.--Notwithstanding thelimitations of subsection (b) ofsection 1201 or the provisions of subsections (c), (d), and (e) of suchsection or section 1202 of title I of the Omnibus Crime Control and SafeStreets Act of 1968 (42 U.S.C. 3796, 3796a), upon certification (containingidentification of all eligible payees of benefits pursuant tosection 1201 of such Act) by a public agency that a public safety officeremployed by such agency was killed or suffered a catastrophic injuryproducing permanent and total disability as a direct and proximateresult of a personal injury sustained in the line of duty as describedin section 1201 of such Act in connection with prevention, investigation,rescue, or recovery efforts related to a terrorist attack,the Director of the Bureau of Justice Assistance shall authorize paymentto qualified beneficiaries, said payment to be made not later than30 days after receipt of such certification, benefits described undersubpart 1 of part L of such Act (42 U.S.C. 3796 et seq.).    (b) Definitions.--For purposes of thissection, the terms ``catastrophicinjury'', ``public agency'', and ``public safety officer''have the same meanings given such terms in section 1204 of titleI of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.3796b). SEC.612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED PAYMENTS FOR             HEROIC PUBLIC SAFETY OFFICERS.     Section 1 of Public Law 107-37 (an Act toprovide for the expedited paymentof certain benefits for a public safety officer who was killed orsuffered a catastrophic injury as a direct and proximate result of a personalinjury sustained in the line of duty in connection<<NOTE: Ante, p. 219.>> with the terrorist attacks of September11, 2001) is amended by--            (1) inserting before ``by a'' thefollowing: ``(containing         identification of all eligible payeesof benefits pursuant to         section 1201)'';            (2) inserting ``producing permanentand total disability''         after ``suffered a catastrophicinjury''; and            (3) striking ``1201(a)'' andinserting ``1201''. SEC.613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT INCREASE.     (a) Payments.--Section 1201(a) of theOmnibus Crime Control and Safe StreetsAct of 1968 (42 U.S.C. 3796) is amended by striking ``$100,000'' andinserting ``$250,000''. [[Page115 STAT. 370]]     (b) Applicability.--The <<NOTE: 42USC 3796 note.>> amendment made bysubsection (a) shall apply to any death or disability occurring on or afterJanuary 1, 2001. SEC.614. OFFICE OF JUSTICE PROGRAMS.     Section 112 of title I of section 101(b) ofdivision A of Public Law 105-277<<NOTE: 42 USC 3751 note.>> and section 108(a) of appendix A of PublicLaw 106-113 (113 Stat. 1501A-20) are amended--            (1) after ``that Office'', eachplace it occurs, by         inserting ``(including, notwithstandingany contrary provision         of law (unless the same shouldexpressly refer to this section),         any organization that administers anyprogram established in         title 1 of Public Law 90-351)''; and            (2) by inserting ``functions,including any'' after ``all''.        Subtitle B--Amendments to the Victims ofCrime Act of 1984 SEC.621. CRIME VICTIMS FUND.     (a) Deposit of Gifts in the Fund.--Section1402(b) of the Victims of CrimeAct of 1984 (42 U.S.C. 10601(b)) is amended--            (1) in paragraph (3), by striking``and'' at the end;            (2) in paragraph (4), by strikingthe period at the end and         inserting ``; and''; and            (3) by adding at the end thefollowing:            ``(5) any gifts, bequests, ordonations to the Fund from         private entities or individuals.''.     (b) Formula for FundDistributions.--Section 1402(c) of the Victims ofCrime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as follows:    ``(c) Fund Distribution; Retention of Sumsin Fund; Availability for ExpenditureWithout Fiscal Year Limitation.--            ``(1) Subject to the availabilityof money in the Fund, in         each fiscal year, beginning with fiscalyear 2003, the Director         shall distribute not less than 90percent nor more than 110         percent of the amount distributed fromthe Fund in the previous         fiscal year, except the Director may distributeup to 120         percent of the amount distributed inthe previous fiscal year in         any fiscal year that the total amountavailable in the Fund is         more than 2 times the amountdistributed in the previous fiscal         year.            ``(2) In each fiscal year, theDirector shall distribute         amounts from the Fund in accordancewith subsection (d). All         sums not distributed during a fiscalyear shall remain in         reserve in the Fund to be distributedduring a subsequent fiscal         year. Notwithstanding any otherprovision of law, all sums         deposited in the Fund that are notdistributed shall remain in         reserve in the Fund for obligation infuture fiscal years,         without fiscal year limitation.''.     (c) Allocation of Funds for Costs andGrants.--Section 1402(d)(4) of theVictims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is amended--            (1) by striking ``deposited in''and inserting ``to be         distributed from'';            (2) in subparagraph (A), bystriking ``48.5'' and inserting         ``47.5''; [[Page115 STAT. 371]]             (3) in subparagraph (B), bystriking ``48.5'' and inserting         ``47.5''; and            (4) in subparagraph (C), by striking``3'' and inserting         ``5''.     (d) Antiterrorism EmergencyReserve.--Section 1402(d)(5) of the Victimsof Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is amended to read asfollows:            ``(5)(A) In addition to the amountsdistributed under         paragraphs (2), (3), and (4), theDirector may set aside up to         $50,000,000 from the amountstransferred to the Fund in response         to the airplane hijackings and terroristacts that occurred on         September 11, 2001, as an antiterrorismemergency reserve. The         Director may replenish any amountsexpended from such reserve in         subsequent fiscal years by settingaside up to 5 percent of the         amounts remaining in the Fund in anyfiscal year after         distributing amounts under paragraphs(2), (3) and (4). Such         reserve shall not exceed $50,000,000.            ``(B) The antiterrorism emergencyreserve referred to in         subparagraph (A) may be used forsupplemental grants under         section 1404B and to providecompensation to victims of         international terrorism under section1404C.            ``(C) Amounts in the antiterrorismemergency reserve         established pursuant to subparagraph(A) may be carried over         from fiscal year to fiscal year.Notwithstanding subsection (c)         and section 619 of the Departments ofCommerce, Justice, and         State, the Judiciary, and RelatedAgencies Appropriations Act,         2001 (and any similar limitation onFund obligations in any         future Act, unless the same shouldexpressly refer to this         section), any such amounts carried overshall not be subject to         any limitation on obligations fromamounts deposited to or         available in the Fund.''.     (e) Victims <<NOTE: 42 USC 10601note.>> of September 11, 2001.--Amountstransferred to the Crime Victims Fund for use in responding to theairplane hijackings and terrorist acts (including any related search,rescue, relief, assistance, or other similar activities) that occurredon September 11, 2001, shall not be subject to any limitation onobligations from amounts deposited to or available in the Fund, notwithstanding--            (1) section 619 of the Departmentsof Commerce, Justice, and         State, the Judiciary, and RelatedAgencies Appropriations Act,         2001, and any similar limitation onFund obligations in such Act         for Fiscal Year 2002; and            (2) subsections (c) and (d) ofsection 1402 of the Victims         of Crime Act of 1984 (42 U.S.C. 10601). SEC.622. CRIME VICTIM COMPENSATION.     (a) Allocation of Funds for Compensationand Assistance.--Paragraphs (1)and (2) of section 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C.10602(a)) are amended by inserting ``in fiscal year 2002 and of 60percent in subsequent fiscal years'' after ``40 percent''.    (b) Location of Compensable Crime.--Section1403(b)(6)(B) of the Victimsof Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by striking``are outside the United States (if the compensable crime is terrorism,as defined in section 2331 of title 18), or''.    (c) Relationship of Crime VictimCompensation to Means-Tested FederalBenefit Programs.--Section 1403 of the Victims [[Page115 STAT. 372]] ofCrime Act of 1984 (42 U.S.C. 10602) is amended by striking subsection (c)and inserting the following:    ``(c) Exclusion From Income, Resources, andAssets for Purposes of MeansTests.--Notwithstanding any other law (other than title IV of PublicLaw 107-42), for the purpose of any maximum allowed income, resource,or asset eligibility requirement in any Federal, State, or localgovernment program using Federal funds that provides medical or otherassistance (or payment or reimbursement of the cost of such assistance),any amount of crime victim compensation that the applicant receivesthrough a crime victim compensation program under this section shallnot be included in the income, resources, or assets of the applicant,nor shall that amount reduce the amount of the assistance availableto the applicant from Federal, State, or local government programsusing Federal funds, unless the total amount of assistance that theapplicant receives from all such programs is sufficient to fully compensatethe applicant for losses suffered as a result of the crime.''.    (d) Definitions of ``Compensable Crime''and ``State''.--Section 1403(d)of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)) is amended--            (1) in paragraph (3), by striking``crimes involving         terrorism,''; and            (2) in paragraph (4), by inserting``the United States         Virgin Islands,'' after ``theCommonwealth of Puerto Rico,''.     (e) Relationship of Eligible Crime VictimCompensation Programs to theSeptember 11th Victim Compensation Fund.--            (1) In general.--Section 1403(e) ofthe Victims of Crime Act         of 1984 (42 U.S.C. 10602(e)) is amendedby inserting ``including         the program established under title IVof Public Law 107-42,''         after ``Federal program,''.            (2) Compensation.--With<<NOTE: 49 USC 40101 note.>> respect         to any compensation payable under titleIV of Public Law 107-42,         the failure of a crime victimcompensation program, after the         effective date of final regulationsissued pursuant to section         407 of Public Law 107-42, to providecompensation otherwise         required pursuant to section 1403 ofthe Victims of Crime Act of         1984 (42 U.S.C. 10602) shall not renderthat program ineligible         for future grants under the Victims ofCrime Act of 1984. SEC.623. CRIME VICTIM ASSISTANCE.     (a) Assistance for Victims in the Districtof Columbia, Puerto Rico, andOther Territories and Possessions.--Section 1404(a) of the Victims ofCrime Act of 1984 (42 U.S.C. 10603(a)) is amended by adding at the endthe following:            ``(6) An agency of the FederalGovernment performing local         law enforcement functions in and onbehalf of the District of         Columbia, the Commonwealth of PuertoRico, the United States         Virgin Islands, or any other territoryor possession of the         United States may qualify as aneligible crime victim assistance         program for the purpose of grants underthis subsection, or for         the purpose of grants under subsection(c)(1).''.     (b) Prohibition on Discrimination AgainstCertain Victims.--Section 1404(b)(1)of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(1)) isamended--            (1) in subparagraph (D), bystriking ``and'' at the end; [[Page115 STAT. 373]]             (2) in subparagraph (E), bystriking the period at the end         and inserting ``; and''; and            (3) by adding at the end thefollowing:                    ``(F) does not discriminateagainst victims because                 they disagree with the way theState is prosecuting the                 criminal case.''.     (c) Grants for Program Evaluation andCompliance Efforts.--Section 1404(c)(1)(A)of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(1)(A))is amended by inserting ``, program evaluation, complianceefforts,'' after ``demonstration projects''.    (d) Allocation of DiscretionaryGrants.--Section 1404(c)(2) of the Victimsof Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is amended--            (1) in subparagraph (A), bystriking ``not more than'' and         inserting ``not less than''; and            (2) in subparagraph (B), bystriking ``not less than'' and         inserting ``not more than''.     (e) Fellowships and ClinicalInternships.--Section 1404(c)(3) of the Victimsof Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is amended--            (1) in subparagraph (C), bystriking ``and'' at the end;            (2) in subparagraph (D), bystriking the period at the end         and inserting ``; and''; and            (3) by adding at the end thefollowing:                    ``(E) use funds madeavailable to the Director under                 this subsection--                          ``(i) for fellowshipsand clinical                       internships; and                          ``(ii) to carry outprograms of training and                       special workshops for thepresentation and                       dissemination ofinformation resulting from                       demonstrations, surveys,and special projects.''. SEC.624. VICTIMS OF TERRORISM.     (a) Compensation and Assistance to Victimsof Domestic Terrorism.--Section1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(b))is amended to read as follows:    ``(b) Victims of Terrorism Within theUnited States.--The Director maymake supplemental grants as provided in section 1402(d)(5) to States foreligible crime victim compensation and assistance programs, and to victimservice organizations, public agencies (including Federal, State, orlocal governments) and nongovernmental organizations that provide assistanceto victims of crime, which shall be used to provide emergency relief,including crisis response efforts, assistance, compensation, trainingand technical assistance, and ongoing assistance, including duringany investigation or prosecution, to victims of terrorist acts or massviolence occurring within the United States.''.    (b) Assistance to Victims of InternationalTerrorism.--Section 1404B(a)(1)of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(a)(1)) isamended by striking ``who are not persons eligible for compensation undertitle VIII of the Omnibus Diplomatic Security and Antiterrorism Actof 1986''.    (c) Compensation to Victims ofInternational Terrorism.--Section 1404C(b)of the Victims of Crime of 1984 (42 U.S.C. 10603c(b)) is amendedby adding at the end the following: ``The amount of compensation awardedto a victim under this subsection [[Page115 STAT. 374]] shallbe reduced by any amount that the victim received in connection withthe same act of international terrorism under title VIII of the OmnibusDiplomatic Security and Antiterrorism Act of 1986.''.   TITLE VII--INCREASED INFORMATION SHARING FORCRITICAL INFRASTRUCTURE                                PROTECTION SEC.701. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM TO FACILITATE             FEDERAL-STATE-LOCAL LAW ENFORCEMENTRESPONSE RELATED TO             TERRORIST ATTACKS.     Section 1301 of title I of the OmnibusCrime Control and Safe StreetsAct of 1968 (42 U.S.C. 3796h) is amended--            (1) in subsection (a), by inserting``and terrorist         conspiracies and activities'' after``activities'';            (2) in subsection (b)--                    (A) in paragraph (3), bystriking ``and'' after the                 semicolon;                    (B) by redesignating paragraph (4) asparagraph (5);                 and                    (C) by inserting afterparagraph (3) the following:            ``(4) establishing and operatingsecure information sharing         systems to enhance the investigationand prosecution abilities         of participating enforcement agenciesin addressing multi-        jurisdictional terrorist conspiraciesand activities; and (5)'';         and            (3) by inserting at the end thefollowing:     ``(d) Authorization of Appropriation to theBureau of Justice Assistance.--Thereare authorized to be appropriated to the Bureau of JusticeAssistance to carry out this section $50,000,000 for fiscal year 2002and $100,000,000 for fiscal year 2003.''.       TITLE VIII--STRENGTHENING THE CRIMINALLAWS AGAINST TERRORISM SEC.801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST MASS             TRANSPORTATION SYSTEMS.     Chapter 97 of title 18, United States Code,is amended by adding at theend the following: ``Sec.1993. Terrorist attacks and other acts of violence against mass                         transportation systems     ``(a) General Prohibitions.--Whoeverwillfully--            ``(1) wrecks, derails, sets fireto, or disables a mass         transportation vehicle or ferry;            ``(2) places or causes to be placedany biological agent or         toxin for use as a weapon, destructivesubstance, or destructive         device in, upon, or near a masstransportation vehicle or ferry,         without previously obtaining thepermission of the mass         transportation provider, and withintent to endanger the safety         of any passenger or employee of themass transportation         provider, or with a reckless disregardfor the safety of human         life;            ``(3) sets fire to, or places anybiological agent or toxin         for use as a weapon, destructivesubstance, or destructive         device [[Page115 STAT. 375]]         in, upon, or near any garage, terminal,structure, supply, or         facility used in the operation of, orin support of the         operation of, a mass transportationvehicle or ferry, without         previously obtaining the permission ofthe mass transportation         provider, and knowing or having reasonto know such activity         would likely derail, disable, or wrecka mass transportation         vehicle or ferry used, operated, oremployed by the mass         transportation provider;            ``(4) removes appurtenances from,damages, or otherwise         impairs the operation of a masstransportation signal system,         including a train control system,centralized dispatching         system, or rail grade crossing warningsignal without         authorization from the masstransportation provider;            ``(5) interferes with, disables, orincapacitates any         dispatcher, driver, captain, or personwhile they are employed         in dispatching, operating, ormaintaining a mass transportation         vehicle or ferry, with intent toendanger the safety of any         passenger or employee of the masstransportation provider, or         with a reckless disregard for thesafety of human life;            ``(6) commits an act, including theuse of a dangerous         weapon, with the intent to cause deathor serious bodily injury         to an employee or passenger of a masstransportation provider or         any other person while any of theforegoing are on the property         of a mass transportation provider;            ``(7) conveys or causes to beconveyed false information,         knowing the information to be false,concerning an attempt or         alleged attempt being made or to bemade, to do any act which         would be a crime prohibited by thissubsection; or            ``(8) attempts, threatens, orconspires to do any of the         aforesaid acts, shallbe fined under this title or imprisoned not more than twenty years,or both, if such act is committed, or in the case of a threat or conspiracysuch act would be committed, on, against, or affecting a mass transportationprovider engaged in or affecting interstate or foreign commerce,or if in the course of committing such act, that person travelsor communicates across a State line in order to commit such act, ortransports materials across a State line in aid of the commission of suchact.    ``(b) Aggravated Offense.--Whoever commitsan offense under subsection(a) in a circumstance in which--            ``(1) the mass transportationvehicle or ferry was carrying         a passenger at the time of the offense;or            ``(2) the offense has resulted inthe death of any person, shallbe guilty of an aggravated form of the offense and shall be fined underthis title or imprisoned for a term of years or for life, or both.    ``(c) Definitions.--In this section--            ``(1) the term `biological agent'has the meaning given to         that term in section 178(1) of thistitle;            ``(2) the term `dangerous weapon'has the meaning given to         that term in section 930 of this title;            ``(3) the term `destructive device'has the meaning given to         that term in section 921(a)(4) of thistitle;            ``(4) the term `destructivesubstance' has the meaning given         to that term in section 31 of thistitle;            ``(5) the term `masstransportation' has the meaning given         to that term in section 5302(a)(7) oftitle 49, United States [[Page115 STAT. 376]]         Code, except that the term shallinclude schoolbus, charter, and         sightseeing transportation;            ``(6) the term `serious bodilyinjury' has the meaning given         to that term in section 1365 of thistitle;            ``(7) the term `State' has themeaning given to that term in         section 2266 of this title; and            ``(8) the term `toxin' has themeaning given to that term in         section 178(2) of this title.''.     (f) Conforming Amendment.--The analysis ofchapter 97 of title 18, UnitedStates Code, is amended by adding at the end: ``1993.Terrorist attacks and other acts of violence against mass            transportation systems.''. SEC.802. DEFINITION OF DOMESTIC TERRORISM.     (a) Domestic Terrorism Defined.--Section2331 of title 18, United StatesCode, is amended--            (1) in paragraph (1)(B)(iii), bystriking ``by assassination         or kidnapping'' and inserting ``by massdestruction,         assassination, or kidnapping'';            (2) in paragraph (3), by striking``and'';            (3) in paragraph (4), by strikingthe period at the end and         inserting ``; and''; and            (4) by adding at the end thefollowing:            ``(5) the term `domestic terrorism'means activities that--                    ``(A) involve actsdangerous to human life that are                 a violation of the criminallaws of the United States or                 of any State;                    ``(B) appear to beintended--                          ``(i) to intimidateor coerce a civilian                       population;                          ``(ii) to influencethe policy of a government                       by intimidation orcoercion; or                          ``(iii) to affect theconduct of a government                       by mass destruction,assassination, or kidnapping;                       and                    ``(C) occur primarilywithin the territorial                 jurisdiction of the UnitedStates.''.     (b) Conforming Amendment.--Section 3077(1)of title 18, United StatesCode, is amended to read as follows:            ``(1) `act of terrorism' means anact of domestic or         international terrorism as defined insection 2331;''. SEC.803. PROHIBITION AGAINST HARBORING TERRORISTS.     (a) In General.--Chapter 113B of title 18,United States Code, is amendedby adding after section 2338 the following new section: ``Sec.2339. Harboring or concealing terrorists     ``(a) Whoever harbors or conceals anyperson who he knows, or has reasonablegrounds to believe, has committed, or is about to commit, an offenseunder section 32 (relating to destruction of aircraft or aircraftfacilities), section 175 (relating to biological weapons), section229 (relating to chemical weapons), section 831 (relating to nuclearmaterials), paragraph (2) or (3) of section 844(f) (relating to arsonand bombing of government property risking or causing injury or death),section 1366(a) (relating to the destruction of an energy facility),section 2280 (relating to violence against maritime navigation),section 2332a (relating to weapons of mass destruction), or section2332b (relating to acts of terrorism transcending national boundaries)of this title, section 236(a) (relating to sabotage of nuclearfacilities or fuel) of the Atomic Energy Act [[Page115 STAT. 377]] of1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy)of title 49, shall be fined under this title or imprisoned not morethan ten years, or both.''.    ``(b) A violation of this section may beprosecuted in any Federal judicialdistrict in which the underlying offense was committed, or in anyother Federal judicial district as provided by law.''.    (b) Technical Amendment.--The chapteranalysis for chapter 113B of title18, United States Code, is amended by inserting after the item for section2338 the following: ``2339.Harboring or concealing terrorists.''. SEC.804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD.     Section 7 of title 18, United States Code,is amended by adding at theend the following:            ``(9) With respect to offensescommitted by or against a         national of the United States as thatterm is used in section         101 of the Immigration and NationalityAct--                    ``(A) the premises ofUnited States diplomatic,                 consular, military or otherUnited States Government                 missions or entities in foreignStates, including the                 buildings, parts of buildings,and land appurtenant or                 ancillary thereto or used forpurposes of those missions                 or entities, irrespective ofownership; and                    ``(B) residences in foreignStates and the land                 appurtenant or ancillarythereto, irrespective of                 ownership, used for purposes ofthose missions or                 entities or used by UnitedStates personnel assigned to                 those missions or entities.        Nothing in this paragraph shall bedeemed to supersede any         treaty or international agreement withwhich this paragraph         conflicts. This paragraph does notapply with respect to an         offense committed by a person described insection 3261(a) of         this title.''. SEC.805. MATERIAL SUPPORT FOR TERRORISM.     (a) In General.--Section 2339A of title 18,United States Code, is amended--            (1) in subsection (a)--                    (A) by striking ``, within theUnited States,'';                    (B) by inserting ``229,''after ``175,'';                    (C) by inserting ``1993,''after ``1992,'';                    (D) by inserting ``,section 236 of the Atomic                 Energy Act of 1954 (42 U.S.C.2284),'' after ``of this                 title'';                    (E) by inserting ``or60123(b)'' after ``46502'';                 and                    (F) by inserting at the endthe following: ``A                 violation of this section maybe prosecuted in any                 Federal judicial district inwhich the underlying                 offense was committed, or inany other Federal judicial                 district as provided by law.'';and            (2) in subsection (b)--                    (A) by striking ``or otherfinancial securities''                 and inserting ``or monetaryinstruments or financial                 securities''; and                    (B) by inserting ``expertadvice or assistance,''                 after ``training,''. [[Page115 STAT. 378]]     (b) Technical Amendment.--Section1956(c)(7)(D) of title 18, United StatesCode, is amended by inserting ``or 2339B'' after ``2339A''. SEC.806. ASSETS OF TERRORIST ORGANIZATIONS.     Section 981(a)(1) of title 18, UnitedStates Code, is amended by insertingat the end the following:            ``(G) All assets, foreign ordomestic--                    ``(i) of any individual,entity, or organization                 engaged in planning orperpetrating any act of domestic                 or international terrorism (asdefined in section 2331)                 against the United States,citizens or residents of the                United States, or their property, and all assets,                 foreign or domestic, affordingany person a source of                 influence over any such entityor organization;                    ``(ii) acquired ormaintained by any person with the                 intent and for the purpose ofsupporting, planning,                 conducting, or concealing anact of domestic or                 international terrorism (asdefined in section 2331)                 against the United States,citizens or residents of the                 United States, or theirproperty; or                    ``(iii) derived from,involved in, or used or                 intended to be used to commitany act of domestic or                 international terrorism (asdefined in section 2331)                 against the United States,citizens or residents of the                 United States, or theirproperty.''. SEC.807. <<NOTE: 22 USC 7211.>> TECHNICAL CLARIFICATION RELATING TO             PROVISION OF MATERIAL SUPPORT TOTERRORISM.     No provision of the Trade Sanctions Reformand Export Enhancement Actof 2000 (title IX of Public Law 106-387) shall be construed to limit orotherwise affect section 2339A or 2339B of title 18, United States Code. SEC.808. DEFINITION OF FEDERAL CRIME OF TERRORISM.     Section 2332b of title 18, United StatesCode, is amended--            (1) in subsection (f), by inserting``and any violation of         section 351(e), 844(e), 844(f)(1),956(b), 1361, 1366(b),         1366(c), 1751(e), 2152, or 2156 of thistitle,'' before ``and         the Secretary''; and            (2) in subsection (g)(5)(B), bystriking clauses (i) through         (iii) and inserting the following:                          ``(i) section 32(relating to destruction of                       aircraft or aircraftfacilities), 37 (relating to                       violence at internationalairports), 81 (relating                       to arson within specialmaritime and territorial                       jurisdiction), 175 or175b (relating to biological                       weapons), 229 (relatingto chemical weapons),                       subsection (a), (b), (c),or (d) of section 351                       (relating tocongressional, cabinet, and Supreme                       Court assassination andkidnaping), 831 (relating                       to nuclear materials),842(m) or (n) (relating to                       plastic explosives),844(f)(2) or (3) (relating to                       arson and bombing ofGovernment property risking                       or causing death), 844(i)(relating to arson and                       bombing of property usedin interstate commerce),                       930(c) (relating tokilling or attempted killing                       during an attack on aFederal facility with a                       dangerous weapon),956(a)(1) (relating to                       conspiracy to murder, kidnap, or maim [[Page115 STAT. 379]]                       persons abroad),1030(a)(1) (relating to                       protection of computers),1030(a)(5)(A)(i)                       resulting in damage asdefined in                       1030(a)(5)(B)(ii) through(v) (relating to                       protection of computers),1114 (relating to                       killing or attemptedkilling of officers and                       employees of the UnitedStates), 1116 (relating to                       murder or manslaughter offoreign officials,                       official guests, orinternationally protected                       persons), 1203 (relatingto hostage taking), 1362                       (relating to destructionof communication lines,                       stations, or systems),1363 (relating to injury to                       buildings or propertywithin special maritime and                       territorial jurisdictionof the United States),                       1366(a) (relating todestruction of an energy                       facility), 1751(a), (b),(c), or (d) (relating to                       Presidential andPresidential staff assassination                       and kidnaping), 1992(relating to wrecking                       trains), 1993 (relatingto terrorist attacks and                       other acts of violenceagainst mass transportation                       systems), 2155 (relatingto destruction of                       national defense materials, premises,or                       utilities), 2280(relating to violence against                       maritime navigation),2281 (relating to violence                       against maritime fixedplatforms), 2332 (relating                       to certain homicides andother violence against                       United States nationalsoccurring outside of the                       United States), 2332a(relating to use of weapons                       of mass destruction),2332b (relating to acts of                       terrorism transcendingnational boundaries), 2339                       (relating to harboringterrorists), 2339A                       (relating to providing materialsupport to                       terrorists), 2339B(relating to providing material                       support to terroristorganizations), or 2340A                       (relating to torture) ofthis title;                          ``(ii) section 236(relating to sabotage of                       nuclear facilities orfuel) of the Atomic Energy                       Act of 1954 (42 U.S.C.2284); or                          ``(iii) section 46502(relating to aircraft                       piracy), the second sentence of section 46504                       (relating to assault on aflight crew with a                       dangerous weapon),section 46505(b)(3) or (c)                       (relating to explosive orincendiary devices, or                       endangerment of humanlife by means of weapons, on                       aircraft), section 46506if homicide or attempted                       homicide is involved(relating to application of                       certain criminal laws toacts on aircraft), or                       section 60123(b)(relating to destruction of                       interstate gas orhazardous liquid pipeline                       facility) of title 49.''. SEC.809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES.     (a) In General.--Section 3286 of title 18,United States Code, is amendedto read as follows: ``Sec.3286. Extension of statute of limitation for certain terrorism                         offenses     ``(a) Eight-Year Limitation.--Notwithstandingsection 3282, no personshall be prosecuted, tried, or punished for any noncapital offenseinvolving a violation of any provision listed in section 2332b(g)(5)(B),or a violation of section 112, 351(e), 1361, or 1751(e) ofthis title, or section 46504, 46505, or 46506 of title 49, unless [[Page115 STAT. 380]] theindictment is found or the information is instituted within 8 years afterthe offense was committed. Notwithstanding the preceding sentence, offenseslisted in section 3295 are subject to the statute of limitationsset forth in that section.    ``(b) No Limitation.--Notwithstanding anyother law, an indictment maybe found or an information instituted at any time without limitation forany offense listed in section 2332b(g)(5)(B), if the commission of suchoffense resulted in, or created a forseeable risk of, death or seriousbodily injury to another person.''.    (b) Application.--The <<NOTE: 18 USC3286 note.>> amendments made by thissection shall apply to the prosecution of any offense committed before,on, or after the date of the enactment of this section. SEC.810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.     (a) Arson.--Section 81 of title 18, UnitedStates Code, is amended inthe second undesignated paragraph by striking ``not more than twenty years''and inserting ``for any term of years or for life''.    (b) Destruction of an EnergyFacility.--Section 1366 of title 18, UnitedStates Code, is amended--            (1) in subsection (a), by striking``ten'' and inserting         ``20''; and            (2) by adding at the end thefollowing:     ``(d) Whoever is convicted of a violationof subsection (a) or (b) thathas resulted in the death of any person shall be subject to imprisonmentfor any term of years or life.''.    (c) Material Support toTerrorists.--Section 2339A(a) of title 18, UnitedStates Code, is amended--            (1) by striking ``10'' andinserting ``15''; and            (2) by striking the period andinserting ``, and, if the         death of any person results, shall beimprisoned for any term of         years or for life.''.     (d) Material Support to Designated ForeignTerrorist Organizations.--Section2339B(a)(1) of title 18, United States Code, is amended--            (1) by striking ``10'' andinserting ``15''; and            (2) by striking the period after``or both'' and inserting         ``, and, if the death of any personresults, shall be imprisoned         for any term of years or for life.''.     (e) Destruction of National-DefenseMaterials.--Section 2155(a) of title18, United States Code, is amended--            (1) by striking ``ten'' andinserting ``20''; and            (2) by striking the period at theend and inserting ``, and,         if death results to any person, shallbe imprisoned for any term         of years or for life.''.     (f) Sabotage of Nuclear Facilities orFuel.--Section 236 of the AtomicEnergy Act of 1954 (42 U.S.C. 2284), is amended--            (1) by striking ``ten'' each placeit appears and inserting         ``20'';            (2) in subsection (a), by strikingthe period at the end and         inserting ``, and, if death results toany person, shall be         imprisoned for any term of years or forlife.''; and            (3) in subsection (b), by strikingthe period at the end and         inserting ``, and, if death results toany person, shall be         imprisoned for any term of years or forlife.''. [[Page115 STAT. 381]]     (g) Special Aircraft Jurisdiction of theUnited States.--Section 46505(c)of title 49, United States Code, is amended--            (1) by striking ``15'' andinserting ``20''; and            (2) by striking the period at theend and inserting ``, and,         if death results to any person, shallbe imprisoned for any term         of years or for life.''.     (h) Damaging or Destroying an InterstateGas or Hazardous Liquid PipelineFacility.--Section 60123(b) of title 49, United States Code, is amended--            (1) by striking ``15'' andinserting ``20''; and            (2) by striking the period at theend and inserting ``, and,         if death results to any person, shallbe imprisoned for any term         of years or for life.''. SEC.811. PENALTIES FOR TERRORIST CONSPIRACIES.     (a) Arson.--Section 81 of title 18, UnitedStates Code, is amended inthe first undesignated paragraph--            (1) by striking ``, or attempts toset fire to or burn'';         and            (2) by inserting ``or attempts orconspires to do such an         act,'' before ``shall be imprisoned''.     (b) Killings in FederalFacilities.--Section 930(c) of title 18, UnitedStates Code, is amended--            (1) by striking ``or attempts tokill'';            (2) by inserting ``or attempts orconspires to do such an         act,'' before ``shall be punished'';and            (3) by striking ``and 1113'' andinserting ``1113, and         1117''.     (c) Communications Lines, Stations, orSystems.--Section 1362 of title18, United States Code, is amended in the first undesignated paragraph--            (1) by striking ``or attemptswillfully or maliciously to         injure or destroy''; and            (2) by inserting ``or attempts orconspires to do such an         act,'' before ``shall be fined''.     (d) Buildings or Property Within SpecialMaritime and Territorial Jurisdiction.--Section1363 of title 18, United States Code, is amended--            (1) by striking ``or attempts todestroy or injure''; and            (2) by inserting ``or attempts orconspires to do such an         act,'' before ``shall be fined'' thefirst place it appears.     (e) Wrecking Trains.--Section 1992 of title18, United States Code, isamended by adding at the end the following:    ``(c) A person who conspires to commit anyoffense defined in this sectionshall be subject to the same penalties (other than the penalty ofdeath) as the penalties prescribed for the offense, the commission of whichwas the object of the conspiracy.''.    (f) Material Support toTerrorists.--Section 2339A of title 18, UnitedStates Code, is amended by inserting ``or attempts or conspires todo such an act,'' before ``shall be fined''.    (g) Torture.--Section 2340A of title 18,United States Code, is amendedby adding at the end the following:    ``(c) Conspiracy.--A person who conspiresto commit an offense under thissection shall be subject to the same penalties (other than the penaltyof death) as the penalties prescribed for the offense, the commissionof which was the object of the conspiracy.''.    (h) Sabotage of Nuclear Facilities orFuel.--Section 236 of the AtomicEnergy Act of 1954 (42 U.S.C. 2284), is amended--            (1) in subsection (a)-- [[Page115 STAT. 382]]                     (A) by striking ``, or whointentionally and                 willfully attempts to destroyor cause physical damage                 to'';                    (B) in paragraph (4), bystriking the period at the                 end and inserting a comma; and                    (C) by inserting ``orattempts or conspires to do                 such an act,'' before ``shallbe fined''; and            (2) in subsection (b)--                    (A) by striking ``orattempts to cause''; and                    (B) by inserting ``orattempts or conspires to do                 such an act,'' before ``shallbe fined''.     (i) Interference with Flight Crew Membersand Attendants.--Section 46504of title 49, United States Code, is amended by inserting ``or attemptsor conspires to do such an act,'' before ``shall be fined''.    (j) Special Aircraft Jurisdiction of theUnited States.--Section 46505of title 49, United States Code, is amended by adding at the end thefollowing:    ``(e) Conspiracy.--If two or more personsconspire to violate subsection(b) or (c), and one or more of such persons do any act to effectthe object of the conspiracy, each of the parties to such conspiracyshall be punished as provided in such subsection.''.    (k) Damaging or Destroying an InterstateGas or Hazardous Liquid PipelineFacility.--Section 60123(b) of title 49, United States Code, is amended--            (1) by striking ``, or attemptingto damage or destroy,'';         and            (2) by inserting ``, or attemptingor conspiring to do such         an act,'' before ``shall be fined''. SEC.812. POST-RELEASE SUPERVISION OF TERRORISTS.     Section 3583 of title 18, United StatesCode, is amended by adding atthe end the following:    ``(j) Supervised Release Terms forTerrorism Predicates.--Notwithstandingsubsection (b), the authorized term of supervised releasefor any offense listed in section 2332b(g)(5)(B), the commission ofwhich resulted in, or created a foreseeable risk of, death or serious bodilyinjury to another person, is any term of years or life.''. SEC.813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING ACTIVITY.     Section 1961(1) of title 18, United StatesCode, is amended--            (1) by striking ``or (F)'' andinserting ``(F)''; and            (2) by inserting before thesemicolon at the end the         following: ``, or (G) any act that isindictable under any         provision listed in section2332b(g)(5)(B)''. SEC.814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.     (a) Clarification of Protection of ProtectedComputers.--Section 1030(a)(5)of title 18, United States Code, is amended--            (1) by inserting ``(i)'' after``(A)'';            (2) by redesignating subparagraphs(B) and (C) as clauses         (ii) and (iii), respectively;            (3) by adding ``and'' at the end ofclause (iii), as so         redesignated; and            (4) by adding at the end thefollowing: [[Page115 STAT. 383]]                     ``(B) by conduct describedin clause (i), (ii), or                 (iii) of subparagraph (A), caused (or, inthe case of an                 attempted offense, would, ifcompleted, have caused)--                          ``(i) loss to 1 ormore persons during any 1-                      year period (and, forpurposes of an                       investigation,prosecution, or other proceeding                       brought by the UnitedStates only, loss resulting                       from a related course ofconduct affecting 1 or                       more other protectedcomputers) aggregating at                       least $5,000 in value;                          ``(ii) themodification or impairment, or                       potential modification orimpairment, of the                       medical examination,diagnosis, treatment, or care                       of 1 or more individuals;                          ``(iii) physicalinjury to any person;                          ``(iv) a threat topublic health or safety; or                          ``(v) damageaffecting a computer system used                       by or for a governmententity in furtherance of                       the administration ofjustice, national defense,                       or national security;''.     (b) Protection From Extortion.--Section1030(a)(7) of title 18, UnitedStates Code, is amended by striking ``, firm, association, educationalinstitution, financial institution, government entity, or otherlegal entity,''.    (c) Penalties.--Section 1030(c) of title18, United States Code, is amended--            (1) in paragraph (2)--                    (A) in subparagraph (A) --                          (i) by inserting``except as provided in                       subparagraph (B),''before ``a fine'';                          (ii) by striking``(a)(5)(C)'' and inserting                       ``(a)(5)(A)(iii)''; and                          (iii) by striking``and' at the end;                    (B) in subparagraph (B), byinserting ``or an                 attempt to commit an offensepunishable under this                 subparagraph,'' after``subsection (a)(2),'' in the                 matter preceding clause (i);and                    (C) in subparagraph (C), bystriking ``and'' at the                 end;            (2) in paragraph (3)--                    (A) by striking ``,(a)(5)(A), (a)(5)(B),'' both                 places it appears; and                    (B) by striking``(a)(5)(C)'' and inserting                 ``(a)(5)(A)(iii)''; and            (3) by adding at the end thefollowing:            ``(4)(A) a fine under this title,imprisonment for not more         than 10 years, or both, in the case ofan offense under         subsection (a)(5)(A)(i), or an attemptto commit an offense         punishable under that subsection;            ``(B) a fine under this title,imprisonment for not more         than 5 years, or both, in the case ofan offense under         subsection (a)(5)(A)(ii), or an attemptto commit an offense         punishable under that subsection;            ``(C) a fine under this title,imprisonment for not more         than 20 years, or both, in the case ofan offense under         subsection (a)(5)(A)(i) or (a)(5)(A)(ii),or an attempt to         commit an offense punishable undereither subsection, that         occurs after a conviction for anotheroffense under this         section.''. [[Page115 STAT. 384]]     (d) Definitions.--Section 1030(e) of title18, United States Code is amended--            (1) in paragraph (2)(B), byinserting ``, including a         computer located outside the UnitedStates that is used in a         manner that affects interstate orforeign commerce or         communication of the United States''before the semicolon;            (2) in paragraph (7), by striking``and'' at the end;            (3) by striking paragraph (8) andinserting the following:            ``(8) the term `damage' means anyimpairment to the         integrity or availability of data, aprogram, a system, or         information;'';            (4) in paragraph (9), by strikingthe period at the end and         inserting a semicolon; and            (5) by adding at the end the following:            ``(10) the term `conviction' shallinclude a conviction         under the law of any State for a crimepunishable by         imprisonment for more than 1 year, anelement of which is         unauthorized access, or exceedingauthorized access, to a         computer;            ``(11) the term `loss' means anyreasonable cost to any         victim, including the cost ofresponding to an offense,         conducting a damage assessment, andrestoring the data, program,         system, or information to its conditionprior to the offense,         and any revenue lost, cost incurred, orother consequential         damages incurred because ofinterruption of service; and            ``(12) the term `person' means anyindividual, firm,         corporation, educational institution,financial institution,         governmental entity, or legal or otherentity.''.     (e) Damages in Civil Actions.--Section1030(g) of title 18, United StatesCode is amended--            (1) by striking the second sentenceand inserting the         following: ``A civil action for aviolation of this section may         be brought only if the conduct involves1 of the factors set         forth in clause (i), (ii), (iii), (iv),or (v) of subsection         (a)(5)(B). Damages for a violationinvolving only conduct         described in subsection (a)(5)(B)(i)are limited to economic         damages.''; and            (2) by adding at the end thefollowing: ``No action may be         brought under this subsection for thenegligent design or         manufacture of computer hardware,computer software, or         firmware.''.     (f) Amendment <<NOTE: 28 USC 994note.>> of Sentencing Guidelines Relatingto Certain Computer Fraud and Abuse.--Pursuant to its authority undersection 994(p) of title 28, United States Code, the United States SentencingCommission shall amend the Federal sentencing guidelines to ensurethat any individual convicted of a violation of section 1030 of title18, United States Code, can be subjected to appropriate penalties, withoutregard to any mandatory minimum term of imprisonment. SEC.815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING             RECORDS IN RESPONSE TO GOVERNMENTREQUESTS.     Section 2707(e)(1) of title 18, UnitedStates Code, is amended by insertingafter ``or statutory authorization'' the following: ``(includinga request of a governmental entity under section 2703(f) of thistitle)''. [[Page115 STAT. 385]] SEC.816. <<NOTE: 28 USC 509 note.>> DEVELOPMENT AND SUPPORT OF             CYBERSECURITY FORENSICCAPABILITIES.     (a) In General.--The Attorney General shallestablish such regional computerforensic laboratories as the Attorney General considers appropriate,and provide support to existing computer forensic laboratories,in order that all such computer forensic laboratories have thecapability--            (1) to provide forensicexaminations with respect to seized         or intercepted computer evidencerelating to criminal activity         (including cyberterrorism);            (2) to provide training andeducation for Federal, State,         and local law enforcement personnel andprosecutors regarding         investigations, forensic analyses, andprosecutions of computer-        related crime (includingcyberterrorism);            (3) to assist Federal, State, andlocal law enforcement in         enforcing Federal, State, and localcriminal laws relating to         computer-related crime;            (4) to facilitate and promote thesharing of Federal law         enforcement expertise and informationabout the investigation,         analysis, and prosecution ofcomputer-related crime with State         and local law enforcement personnel andprosecutors, including         the use of multijurisdictional taskforces; and            (5) to carry out such otheractivities as the Attorney         General considers appropriate.     (b) Authorization of Appropriations.--            (1) Authorization.--There is herebyauthorized to be         appropriated in each fiscal year$50,000,000 for purposes of         carrying out this section.            (2) Availability.--Amountsappropriated pursuant to the         authorization of appropriations inparagraph (1) shall remain         available until expended. SEC.817. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.     Chapter 10 of title 18, United States Code,is amended--            (1) in section 175--                    (A) in subsection (b)--                          (i) by striking``does not include'' and                       inserting ``includes'';                          (ii) by inserting``other than'' after                       ``system for''; and                          (iii) by inserting``bona fide research''                       after ``protective'';                    (B) by redesignatingsubsection (b) as subsection                 (c); and                    (C) by inserting aftersubsection (a) the following:     ``(b) Additional Offense.--Whoeverknowingly possesses any biologicalagent, toxin, or delivery system of a type or in a quantity that,under the circumstances, is not reasonably justified by a prophylactic,protective, bona fide research, or other peaceful purpose, shallbe fined under this title, imprisoned not more than 10 years, or both.In this subsection, the terms `biological agent' and `toxin' do notencompass any biological agent or toxin that is in its naturally occurringenvironment, if the biological agent or toxin has not been cultivated,collected, or otherwise extracted from its natural source.'';            (2) by inserting after section 175athe following: [[Page115 STAT. 386]] ``SEC.175b. POSSESSION BY RESTRICTED PERSONS.     ``(a) No restricted person described insubsection (b) shall ship or transportinterstate or foreign commerce, or possess in or affecting commerce,any biological agent or toxin, or receive any biological agent ortoxin that has been shipped or transported in interstate or foreign commerce,if the biological agent or toxin is listed as a select agent insubsection (j) of section 72.6 of title 42, Code of Federal Regulations,pursuant to section 511(d)(l) of the Antiterrorism and EffectiveDeath Penalty Act of 1996 (Public Law 104-132), and is not exemptedunder subsection (h) of such section 72.6, or appendix A of part72 of the Code of Regulations.    ``(b) In this section:            ``(1) The term `select agent' doesnot include any such         biological agent or toxin that is inits naturally-occurring         environment, if the biological agent ortoxin has not been         cultivated, collected, or otherwiseextracted from its natural         source.     ``(2) The term `restricted person' means anindividual who--                    ``(A) is under indictmentfor a crime punishable by                 imprisonment for a termexceeding 1 year;                    ``(B) has been convicted in anycourt of a crime                 punishable by imprisonment fora term exceeding 1 year;                    ``(C) is a fugitive fromjustice;                    ``(D) is an unlawful userof any controlled                 substance (as defined insection 102 of the Controlled                 Substances Act (21 U.S.C.802));                    ``(E) is an alien illegallyor unlawfully in the                 United States;                    ``(F) has been adjudicatedas a mental defective or                 has been committed to anymental institution;                    ``(G) is an alien (otherthan an alien lawfully                 admitted for permanentresidence) who is a national of a                 country as to which theSecretary of State, pursuant to                 section 6(j) of the ExportAdministration Act of 1979                 (50 U.S.C. App. 2405(j)),section 620A of chapter 1 of                 part M of the Foreign AssistanceAct of 1961 (22 U.S.C.                 2371), or section 40(d) ofchapter 3 of the Arms Export                 Control Act (22 U.S.C.2780(d)), has made a                 determination (that remains ineffect) that such country                 has repeatedly provided support for acts of                 international terrorism; or                    ``(H) has been dischargedfrom the Armed Services of                 the United States underdishonorable conditions.            ``(3) The term `alien' has the samemeaning as in section         1010(a)(3) of the Immigration andNationality Act (8 U.S.C.         1101(a)(3)).            ``(4) The term `lawfully admittedfor permanent residence'         has the same meaning as in section101(a)(20) of the Immigration         and Nationality Act (8 U.S.C.1101(a)(20)).     ``(c) Whoever knowingly violates thissection shall be fined as providedin this title, imprisoned not more than 10 years, or both, but theprohibition contained in this section shall not apply with respect toany duly authorized United States governmental activity.''; and            (3) in the chapter analysis, byinserting after the item         relating to section 175a the following: ``175b.Possession by restricted persons.''. [[Page115 STAT. 387]]                      TITLE IX--IMPROVEDINTELLIGENCE SEC.901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE REGARDING             FOREIGN INTELLIGENCE COLLECTEDUNDER FOREIGN INTELLIGENCE             SURVEILLANCE ACT OF 1978.     Section 103(c) of the National Security Actof 1947 (50 U.S.C. 403-3(c))is amended--            (1) by redesignating paragraphs (6)and (7) as paragraphs         (7) and (8), respectively; and            (2) by inserting after paragraph(5) the following new         paragraph (6):            ``(6) establish requirements andpriorities for foreign         intelligence information to becollected under the Foreign         Intelligence Surveillance Act of 1978(50 U.S.C. 1801 et seq.),         and provide assistance to the AttorneyGeneral to ensure that         information derived from electronicsurveillance or physical         searches under that Act is disseminatedso it may be used         efficiently and effectively for foreignintelligence purposes,         except that the Director shall have noauthority to direct,         manage, or undertake electronicsurveillance or physical search         operations pursuant to that Act unlessotherwise authorized by         statute or Executive order;''. SEC.902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES WITHIN SCOPE             OF FOREIGN INTELLIGENCE UNDERNATIONAL SECURITY ACT OF 1947.     Section 3 of the National Security Act of1947 (50 U.S.C. 401a) is amended--            (1) in paragraph (2), by insertingbefore the period the         following: ``, or internationalterrorist activities''; and            (2) in paragraph (3), by striking``and activities         conducted'' and inserting ``, andactivities conducted,''. SEC.903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND MAINTENANCE OF             INTELLIGENCE RELATIONSHIPS TOACQUIRE INFORMATION ON             TERRORISTS AND TERRORISTORGANIZATIONS.     It is the sense of Congress that officersand employees of the intelligencecommunity of the Federal Government, acting within the courseof their official duties, should be encouraged, and should make everyeffort, to establish and maintain intelligence relationships with anyperson, entity, or group for the purpose of engaging in lawful intelligenceactivities, including the acquisition of information on the identity,location, finances, affiliations, capabilities, plans, or intentionsof a terrorist or terrorist organization, or information on anyother person, entity, or group (including a foreign government) engagedin harboring, comforting, financing, aiding, or assisting a terroristor terrorist organization. SEC.904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS OF REPORTS             ON INTELLIGENCE ANDINTELLIGENCE-RELATED MATTERS.     (a) Authority To Defer.--The Secretary ofDefense, Attorney General, andDirector of Central Intelligence each may, during the effective periodof this section, defer the date of submittal [[Page115 STAT. 388]] toCongress of any covered intelligence report under the jurisdiction of suchofficial until February 1, 2002.    (b) Covered Intelligence Report.--Except asprovided in subsection (c),for purposes of subsection (a), a covered intelligence report is as follows:            (1) Any report on intelligence orintelligence-related         activities of the United StatesGovernment that is required to         be submitted to Congress by an elementof the intelligence         community during the effective periodof this section.            (2) Any report or other matter thatis required to be         submitted to the Select Committee onIntelligence of the Senate         and Permanent Select Committee onIntelligence of the House of         Representatives by the Department ofDefense or the Department         of Justice during the effective periodof this section.     (c) Exception for Certain Reports.--Forpurposes of subsection (a), anyreport required by section 502 or 503 of the National Security Act of1947 (50 U.S.C. 413a, 413b) is not a covered intelligence report.    (d) Notice to Congress.--Upon deferring thedate of submittal to Congressof a covered intelligence report under subsection (a), the officialdeferring the date of submittal of the covered intelligence reportshall submit to Congress notice of the deferral. Notice of deferralof a report shall specify the provision of law, if any, under whichthe report would otherwise be submitted to Congress.    (e) Extension <<NOTE:Certification.>> of Deferral.--(1) Each officialspecified in subsection (a) may defer the date of submittal to Congressof a covered intelligence report under the jurisdiction of such officialto a date after February 1, 2002, if such official submits to thecommittees of Congress specified in subsection (b)(2) before February1, 2002, a certification that preparation and submittal of the coveredintelligence report on February 1, 2002, will impede the work of officersor employees who are engaged in counterterrorism activities.     (2) A certification under paragraph (1)with respect to a covered intelligencereport shall specify the date on which the covered intelligencereport will be submitted to Congress.    (f) Effective Period.--The effective periodof this section is the periodbeginning on the date of the enactment of this Act and ending on February1, 2002.    (g) Element of the Intelligence CommunityDefined.--In this section, theterm ``element of the intelligence community'' means any element of theintelligence community specified or designated under section 3(4) of theNational Security Act of 1947 (50 U.S.C. 401a(4)). SEC.905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF FOREIGN             INTELLIGENCE-RELATED INFORMATIONWITH RESPECT TO CRIMINAL             INVESTIGATIONS.     (a) In General.--Title I of the NationalSecurity Act of 1947 (50 U.S.C.402 et seq.) is amended--            (1) by redesignating <<NOTE:50 USC 403-5b, 403-        5c.>> subsection 105B as section105C; and            (2) by inserting after section 105Athe following new         section 105B: [[Page115 STAT. 389]]     ``Sec. <<NOTE: 50 USC 403-5b.>>105B. (a) Disclosure of Foreign Intelligence.--(1)Except as otherwise provided by law and subject to paragraph(2), the Attorney General, or the head of any other department oragency of the Federal Government with law enforcement responsibilities,shall expeditiously disclose to the Director of CentralIntelligence, pursuant to guidelines developed by the Attorney Generalin consultation with the Director, foreign intelligence acquired byan element of the Department of Justice or an element of such departmentor agency, as the case may be, in the course of a criminal investigation.     ``(2) The Attorney General by regulationand in consultation with theDirector of Central Intelligence may provide for exceptions to the applicabilityof paragraph (1) for one or more classes of foreign intelligence,or foreign intelligence with respect to one or more targetsor matters, if the Attorney General determines that disclosure ofsuch foreign intelligence under that paragraph would jeopardize an ongoinglaw enforcement investigation or impair other significant law enforcementinterests.    ``(b) Procedures <<NOTE:Deadline.>> for Notice of Criminal Investigations.--Notlater than 180 days after the date of enactment of thissection, the Attorney General, in consultation with the Director of CentralIntelligence, shall develop guidelines to ensure that after receiptof a report from an element of the intelligence community of activityof a foreign intelligence source or potential foreign intelligencesource that may warrant investigation as criminal activity, theAttorney General provides notice to the Director of Central Intelligence,within a reasonable period of time, of his intention to commence,or decline to commence, a criminal investigation of such activity.     ``(c) Procedures.--The Attorney Generalshall develop procedures for theadministration of this section, including the disclosure of foreign intelligenceby elements of the Department of Justice, and elements of otherdepartments and agencies of the Federal Government, under subsection(a) and the provision of notice with respect to criminal investigationsunder subsection (b).''.    (b) Clerical Amendment.--The table ofcontents in the first section ofthat Act is amended by striking the item relating to section 105B and insertingthe following new items: ``Sec.105B. Disclosure of foreign intelligence acquired in criminal            investigations; notice of criminalinvestigations of foreign            intelligence sources.``Sec.105C. Protection of the operational files of the National Imagery            and Mapping Agency.''. SEC.906. FOREIGN TERRORIST ASSET TRACKING CENTER.     (a) Report <<NOTE: Deadline.>>on Reconfiguration.--Not later than February1, 2002, the Attorney General, the Director of Central Intelligence,and the Secretary of the Treasury shall jointly submit to Congressa report on the feasibility and desirability of reconfiguring theForeign Terrorist Asset Tracking Center and the Office of Foreign AssetsControl of the Department of the Treasury in order to establish a capabilityto provide for the effective and efficient analysis and disseminationof foreign intelligence relating to the financial capabilitiesand resources of international terrorist organizations. [[Page115 STAT. 390]]     (b) Report Requirements.--(1) In preparingthe report under subsection(a), the Attorney General, the Secretary, and the Director shallconsider whether, and to what extent, the capacities and resources ofthe Financial Crimes Enforcement Center of the Department of the Treasurymay be integrated into the capability contemplated by the report.    (2) If the Attorney General, Secretary, andthe Director determine thatit is feasible and desirable to undertake the reconfiguration describedin subsection (a) in order to establish the capability describedin that subsection, the Attorney General, the Secretary, and theDirector shall include with the report under that subsection a detailedproposal for legislation to achieve the reconfiguration. SEC.907. NATIONAL VIRTUAL TRANSLATION CENTER.     (a) Report <<NOTE: Deadline.>>on Establishment.--(1) Not later than February1, 2002, the Director of Central Intelligence shall, in consultationwith the Director of the Federal Bureau of Investigation, submitto the appropriate committees of Congress a report on the establishmentand maintenance within the intelligence community of an elementfor purposes of providing timely and accurate translations of foreignintelligence for all other elements of the intelligence community.In the report, the element shall be referred to as the ``NationalVirtual Translation Center''.     (2) The report on the element described inparagraph (1) shall discussthe use of state-of-the-art communications technology, the integrationof existing translation capabilities in the intelligence community,and the utilization of remote-connection capacities so as to minimizethe need for a central physical facility for the element.    (b) Resources.--The report on the elementrequired by subsection (a) shalladdress the following:            (1) The assignment to the elementof a staff of individuals         possessing a broad range of linguisticand translation skills         appropriate for the purposes of theelement.            (2) The provision to the element ofcommunications         capabilities and systems that arecommensurate with the most         current and sophisticatedcommunications capabilities and         systems available to other elements ofintelligence community.            (3) The assurance, to the maximumextent practicable, that         the communications capabilities andsystems provided to the         element will be compatible withcommunications capabilities and         systems utilized by the Federal Bureauof Investigation in         securing timely and accuratetranslations of foreign language         materials for law enforcementinvestigations.            (4) The development of acommunications infrastructure to         ensure the efficient and secure use ofthe translation         capabilities of the element.     (c) Secure Communications.--The reportshall include a discussion of thecreation of secure electronic communications between the element describedby subsection (a) and the other elements of the intelligence community.    (d) Definitions.--In this section:            (1) Foreign intelligence.--The term``foreign intelligence''         has the meaning given that term insection 3(2) of the National         Security Act of 1947 (50 U.S.C.401a(2)).            (2) Element of the intelligencecommunity.--The term         ``element of the intelligencecommunity'' means any element [[Page115 STAT. 391]]         of the intelligence community specifiedor designated under         section 3(4) of the National SecurityAct of 1947 (50 U.S.C.         401a(4)). SEC.908. <<NOTE: 28 USC 509 note.>> TRAINING OF GOVERNMENT OFFICIALS             REGARDING IDENTIFICATION AND USE OFFOREIGN INTELLIGENCE.     (a) Program Required.--The Attorney Generalshall, in consultation withthe Director of Central Intelligence, carry out a program to provideappropriate training to officials described in subsection (b) in orderto assist such officials in--            (1) identifying foreignintelligence information in the         course of their duties; and            (2) utilizing foreign intelligenceinformation in the course         of their duties, to the extent that theutilization of such         information is appropriate for suchduties.     (b) Officials.--The officials providedtraining under subsection (a) are,at the discretion of the Attorney General and the Director, the following:            (1) Officials of the FederalGovernment who are not         ordinarily engaged in the collection,dissemination, and use of         foreign intelligence in the performanceof their duties.            (2) Officials of State and local governmentswho encounter,         or may encounter in the course of aterrorist event, foreign         intelligence in the performance oftheir duties.     (c) Authorization of Appropriations.--Thereis hereby authorized to beappropriated for the Department of Justice such sums as may be necessaryfor purposes of carrying out the program required by subsection(a).                          TITLE X--MISCELLANEOUS SEC.1001. <<NOTE: 5 USC app.>> REVIEW OF THE DEPARTMENT OF JUSTICE.     The Inspector General of the Department ofJustice shall designate oneofficial who shall--            (1) review information and receivecomplaints alleging         abuses of civil rights and civilliberties by employees and         officials of the Department of Justice;            (2) <<NOTE: Publicinformation. Internet.>> make public         through the Internet, radio,television, and newspaper         advertisements information on theresponsibilities and functions         of, and how to contact, the official;and            (3) <<NOTE: Reports.>>submit to the Committee on the         Judiciary of the House ofRepresentatives and the Committee on         the Judiciary of the Senate on asemi-annual basis a report on         the implementation of this subsectionand detailing any abuses         described in paragraph (1), including adescription of the use         of funds appropriations used to carryout this subsection. SEC.1002. SENSE OF CONGRESS.     (a) Findings.--Congress finds that--            (1) all Americans are united incondemning, in the strongest         possible terms, the terrorists whoplanned and carried out the         attacks against the United States onSeptember 11, 2001, and in         pursuing all those responsible forthose attacks and their         sponsors until they are brought tojustice;            (2) Sikh-Americans form a vibrant,peaceful, and law-abiding         part of America's people; [[Page115 STAT. 392]]             (3) approximately 500,000 Sikhsreside in the United States         and are a vital part of the Nation;            (4) Sikh-Americans stand resolutelyin support of the         commitment of our Government to bringthe terrorists and those         that harbor them to justice;            (5) the Sikh faith is a distinctreligion with a distinct         religious and ethnic identity that hasits own places of worship         and a distinct holy text and religioustenets;            (6) many Sikh-Americans, who areeasily recognizable by         their turbans and beards, which arerequired articles of their         faith, have suffered both verbal andphysical assaults as a         result of misguided anger towardArab-Americans and Muslim-        Americans in the wake of the September11, 2001 terrorist         attack;            (7) Sikh-Americans, as do allAmericans, condemn acts of         prejudice against any American; and            (8) Congress is seriously concernedby the number of crimes         against Sikh-Americans and otherAmericans all across the Nation         that have been reported in the wake ofthe tragic events that         unfolded on September 11, 2001.     (b) Sense of Congress.--Congress--            (1) declares that, in the quest toidentify, locate, and         bring to justice the perpetrators andsponsors of the terrorist         attacks on the United States onSeptember 11, 2001, the civil         rights and civil liberties of allAmericans, including Sikh-        Americans, should be protected;            (2) condemns bigotry and any actsof violence or         discrimination against any Americans,including Sikh-Americans;            (3) calls upon local and Federallaw enforcement authorities         to work to prevent crimes against allAmericans, including Sikh-        Americans; and            (4) calls upon local and Federallaw enforcement authorities         to prosecute to the fullest extent ofthe law all those who         commit crimes. SEC.1003. DEFINITION OF ``ELECTRONIC SURVEILLANCE''.     Section 101(f)(2) of the ForeignIntelligence Surveillance Act (50 U.S.C.1801(f)(2)) is amended by adding at the end before the semicolon thefollowing: ``, but does not include the acquisition of those communicationsof computer trespassers that would be permissible under section2511(2)(i) of title 18, United States Code''. SEC.1004. VENUE IN MONEY LAUNDERING CASES.     Section 1956 of title 18, United StatesCode, is amended by adding atthe end the following:    ``(i) Venue.--(1) Except as provided inparagraph (2), a prosecution foran offense under this section or section 1957 may be brought in--            ``(A) any district in which thefinancial or monetary         transaction is conducted; or            ``(B) any district where aprosecution for the underlying         specified unlawful activity could bebrought, if the defendant         participated in the transfer of theproceeds of the specified         unlawful activity from that district tothe district where the         financial or monetary transaction isconducted.     ``(2) A prosecution for an attempt orconspiracy offense under this sectionor section 1957 may be brought in the district where venue would liefor the completed offense under paragraph (1), [[Page115 STAT. 393]] orin any other district where an act in furtherance of the attempt or conspiracytook place.    ``(3) For purposes of this section, atransfer of funds from 1 place toanother, by wire or any other means, shall constitute a single, continuingtransaction. Any person who conducts (as that term is defined insubsection (c)(2)) any portion of the transaction may be charged in anydistrict in which the transaction takes place.''. SEC.1005. <<NOTE: Inter-governmental relations. 28 USC 509             note.>> FIRST RESPONDERSASSISTANCE ACT.     (a) Grant Authorization.--The AttorneyGeneral shall make grants describedin subsections (b) and (c) to States and units of local governmentto improve the ability of State and local law enforcement, firedepartment and first responders to respond to and prevent acts of terrorism.    (b) Terrorism Prevention Grants.--Terrorismprevention grants under thissubsection may be used for programs, projects, and other activities to--            (1) hire additional law enforcementpersonnel dedicated to         intelligence gathering and analysisfunctions, including the         formation of full-time intelligence andanalysis units;            (2) purchase technology andequipment for intelligence         gathering and analysis functions,including wire-tap, pen links,         cameras, and computer hardware andsoftware;            (3) purchase equipment forresponding to a critical         incident, including protectiveequipment for patrol officers         such as quick masks;            (4) purchase equipment for managinga critical incident,         such as communications equipment forimproved interoperability         among surrounding jurisdictions andmobile command posts for         overall scene management; and            (5) fund technical assistanceprograms that emphasize         coordination among neighboring lawenforcement agencies for         sharing resources, and resourcescoordination among law         enforcement agencies for combiningintelligence gathering and         analysis functions, and the developmentof policy, procedures,         memorandums of understanding, and otherbest practices.     (c) Antiterrorism TrainingGrants.--Antiterrorism training grants underthis subsection may be used for programs, projects, and other activitiesto address--            (1) intelligence gathering andanalysis techniques;            (2) community engagement andoutreach;            (3) critical incident managementfor all forms of terrorist         attack;            (4) threat assessment capabilities;            (5) conducting followupinvestigations; and            (6) stabilizing a community after aterrorist incident.     (d) Application.--            (1) In general.--Each eligibleentity that desires to         receive a grant under this sectionshall submit an application         to the Attorney General, at such time,in such manner, and         accompanied by such additionalinformation as the Attorney         General may reasonably require.            (2) Contents.--Each applicationsubmitted pursuant to         paragraph (1) shall--                    (A) describe the activitiesfor which assistance                 under this section is sought;and [[Page115 STAT. 394]]                     (B) provide such additionalassurances as the                 Attorney General determines tobe essential to ensure                 compliance with therequirements of this section.     (e) Minimum Amount.--If all applicationssubmitted by a State or unitsof local government within that State have not been funded under thissection in any fiscal year, that State, if it qualifies, and the unitsof local government within that State, shall receive in that fiscalyear not less than 0.5 percent of the total amount appropriated inthat fiscal year for grants under this section.    (f) Authorization of Appropriations.--Thereare authorized to be appropriated$25,000,000 for each of the fiscal years 2003 through 2007. SEC.1006. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY LAUNDERING.     (a) Amendment to Immigration andNationality Act.--Section 212(a)(2) ofthe Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended byadding at the end the following:                    ``(I) Moneylaundering.--Any alien--                          ``(i) who a consularofficer or the Attorney                       General knows, or hasreason to believe, has                       engaged, is engaging, orseeks to enter the United                       States to engage, in anoffense which is described                       in section 1956 or 1957of title 18, United States                       Code (relating tolaundering of monetary                       instruments); or                          ``(ii) who a consularofficer or the Attorney                       General knows is, or hasbeen, a knowing aider,                       abettor, assister,conspirator, or colluder with                       others in an offense which isdescribed in such                       section;                is inadmissible.''.     (b) Money <<NOTE: Deadline. Records.Certification. 8 USC 1182 note.>>Laundering Watchlist.--Not later than 90 days after the date of theenactment of this Act, the Secretary of State shall develop, implement,and certify to the Congress that there has been established a moneylaundering watchlist, which identifies individuals worldwide who areknown or suspected of money laundering, which is readily accessible to,and shall be checked by, a consular or other Federal official prior tothe issuance of a visa or admission to the United States. The Secretaryof State shall develop and continually update the watchlist in cooperationwith the Attorney General, the Secretary of the Treasury, andthe Director of Central Intelligence. SEC.1007. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN SOUTH AND             CENTRAL ASIA.     In addition to amounts otherwise availableto carry out section 481 ofthe Foreign Assistance Act of 1961 (22 U.S.C. 2291), there is authorizedto be appropriated to the President not less than $5,000,000 forfiscal year 2002 for regional antidrug training in the Republic of Turkeyby the Drug Enforcement Administration for police, as well as increasedprecursor chemical control efforts in the South and Central Asiaregion. [[Page115 STAT. 395]] SEC.1008. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER SCANNING             SYSTEM WITH ACCESS TO THE FBIINTEGRATED AUTOMATED             FINGERPRINT IDENTIFICATION SYSTEMAT OVERSEAS CONSULAR POSTS             AND POINTS OF ENTRY TO THE UNITEDSTATES.     (a) In General.--The Attorney General, inconsultation with the Secretaryof State and the Secretary of Transportation, shall conduct a studyon the feasibility of utilizing a biometric identifier (fingerprint)scanning system, with access to the database of the FederalBureau of Investigation Integrated Automated Fingerprint IdentificationSystem, at consular offices abroad and at points of entry intothe United States to enhance the ability of State Department and immigrationofficials to identify aliens who may be wanted in connection withcriminal or terrorist investigations in the United States or abroad priorto the issuance of visas or entry into the United States.    (b) Report <<NOTE: Deadline.>>to Congress.--Not later than 90 days afterthe date of the enactment of this Act, the Attorney General shall submita report summarizing the findings of the study authorized under subsection(a) to the Committee on International Relations and the Committeeon the Judiciary of the House of Representatives and the Committeeon Foreign Relations and the Committee on the Judiciary of the Senate. SEC.1009. STUDY OF ACCESS.     (a) In <<NOTE: Deadline.>>General.--Not later than 120 days after enactmentof this Act, the Federal Bureau of Investigation shall study andreport to Congress on the feasibility of providing to airlines accessvia computer to the names of passengers who are suspected of terroristactivity by Federal officials.     (b) Authorization.--There are authorized tobe appropriated not more than$250,000 to carry out subsection (a). SEC.1010. <<NOTE: 10 USC 2465 note.>> TEMPORARY AUTHORITY TO CONTRACT             WITH LOCAL AND STATE GOVERNMENTSFOR PERFORMANCE OF SECURITY             FUNCTIONS AT UNITED STATES MILITARYINSTALLATIONS.     (a) In General.--Notwithstanding section2465 of title 10, United StatesCode, during the period of time that United States armed forces areengaged in Operation Enduring Freedom, and for the period of 180 daysthereafter, funds appropriated to the Department of Defense may be obligatedand expended for the purpose of entering into contracts or otheragreements for the performance of security functions at any militaryinstallation or facility in the United States with a proximatelylocated local or State government, or combination of such governments,whether or not any such government is obligated to provide suchservices to the general public without compensation.    (b) Training.--Any contract or agreemententered into under this sectionshall prescribe standards for the training and other qualificationsof local government law enforcement personnel who perform securityfunctions under this section in accordance with criteria establishedby the Secretary of the service concerned.    (c) Report.--One <<NOTE:Deadline.>> year after the date of enactmentof this section, the Secretary of Defense shall submit a reportto the Committees on Armed Services of the Senate and the House ofRepresentatives describing the use of the authority granted under [[Page115 STAT. 396]] thissection and the use by the Department of Defense of other means to improvethe performance of security functions on military installations andfacilities located within the United States. SEC.1011. <<NOTE: Crimes Against Charitable Americans Act of             2001.>> CRIMES AGAINSTCHARITABLE AMERICANS.     (a) Short <<NOTE: 15 USC 6101note.>> Title.--This section may be citedas the ``Crimes Against Charitable Americans Act of 2001''.     (b) Telemarketing and Consumer FraudAbuse.--The Telemarketing and ConsumerFraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.) is amended--            (1) in section 3(a)(2),<<NOTE: 15 USC 6102.>> by inserting         after ``practices'' the second place itappears the following:         ``which shall include fraudulentcharitable solicitations,         and'';            (2) in section 3(a)(3)--                    (A) in subparagraph (B), bystriking ``and'' at the                 end;                    (B) in subparagraph (C), bystriking the period at                 the end and inserting ``;and''; and                    (C) by adding at the endthe following:                    ``(D) a requirement thatany person engaged in                 telemarketing for thesolicitation of charitable                 contributions, donations, orgifts of money or any other                 thing of value, shall promptlyand clearly disclose to                 the person receiving the callthat the purpose of the                 call is to solicit charitablecontributions, donations,                 or gifts, and make such otherdisclosures as the                 Commission considersappropriate, including the name and                 mailing address of thecharitable organization on behalf                 of which the solicitation ismade.''; and            (3) <<NOTE: 15 USC6106.>> in section 7(4), by inserting ``,         or a charitable contribution, donation,or gift of money or any         other thing of value,'' after``services''.     (c) Red Cross Members or Agents.--Section917 of title 18, United StatesCode, is amended by striking ``one year'' and inserting ``5 years''.    (d) Telemarketing Fraud.--Section 2325(1)of title 18, United States Code,is amended--            (1) in subparagraph (A), bystriking ``or'' at the end;            (2) in subparagraph (B), bystriking the comma at the end         and inserting ``; or'';            (3) by inserting after subparagraph(B) the following:                    ``(C) a charitablecontribution, donation, or gift                 of money or any other thing ofvalue,''; and            (4) in the flush language, byinserting ``or charitable         contributor, or donor'' after``participant''. SEC.1012. <<NOTE: Inter-governmental relations.>> LIMITATION ON             ISSUANCE OF HAZMAT LICENSES.     (a) Limitation.--            (1) In general.--Chapter 51 oftitle 49, United States Code,         is amended by inserting after section5103 the following new         section: ``Sec.5103a. Limitation on issuance of hazmat licenses     ``(a) Limitation.--            ``(1) Issuance of licenses.--AState may not issue to any         individual a license to operate a motorvehicle transporting in         commerce a hazardous material unlessthe Secretary of [[Page115 STAT. 397]]         Transportation has first determined,upon receipt of a         notification under subsection(c)(1)(B), that the individual         does not pose a security riskwarranting denial of the license.            ``(2) Renewals included.--For thepurposes of this section,         the term `issue', with respect to alicense, includes renewal of         the license.     ``(b) Hazardous Materials Described.--Thelimitation in subsection (a)shall apply with respect to--            ``(1) any material defined as ahazardous material by the         Secretary of Transportation; and            ``(2) any chemical or biologicalmaterial or agent         determined by the Secretary of Healthand Human Services or the         Attorney General as being a threat tothe national security of         the United States.     ``(c) Background Records Check.--            ``(1) In general.--Upon the requestof a State regarding         issuance of a license described insubsection (a)(1) to an         individual, the Attorney General--                    ``(A) shall carry out abackground records check                 regarding the individual; and                    ``(B) upon completing thebackground records check,                 shall notify the Secretary ofTransportation of the                 completion and results of thebackground records check.            ``(2) Scope.--A background recordscheck regarding an         individual under this subsection shallconsist of the following:                    ``(A) A check of therelevant criminal history data                 bases.                    ``(B) In the case of analien, a check of the                 relevant data bases todetermine the status of the alien                 under the immigration laws ofthe United States.                    ``(C) As appropriate, acheck of the relevant                 international data basesthrough Interpol-U.S. National                 Central Bureau or otherappropriate means.     ``(d) Reporting Requirement.--Each Stateshall submit to the Secretaryof Transportation, at such time and in such manner as the Secretarymay prescribe, the name, address, and such other information asthe Secretary may require, concerning--            ``(1) each alien to whom the Stateissues a license         described in subsection (a); and            ``(2) each other individual to whomsuch a license is         issued, as the Secretary may require.     ``(e) Alien Defined.--In this section, theterm `alien' has the meaninggiven the term in section 101(a)(3) of the Immigration and NationalityAct.''.            (2) Clerical amendment.--The tableof sections at the         beginning of such chapter is amended byinserting after the item         relating to section 5103 the followingnew item: ``5103a.Limitation on issuance of hazmat licenses.''.     (b) Regulation of Driver Fitness.--Section31305(a)(5) of title 49, UnitedStates Code, is amended--            (1) by striking ``and'' at the endof subparagraph (A);            (2) by inserting ``and'' at the endof subparagraph (B); and            (3) by adding at the end thefollowing new subparagraph:                    ``(C) is licensed by a State to operate thevehicle                 after having first beendetermined under section 5103a                 of this title as not posing asecurity risk warranting                 denial of the license.''. [[Page115 STAT. 398]]     (c) Authorization <<NOTE: 49 USC5103a note.>> of Appropriations.--Thereis authorized to be appropriated for the Department of Transportationand the Department of Justice such amounts as may be necessaryto carry out section 5103a of title 49, United States Code, as addedby subsection (a). SEC.1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING THE PROVISION             OF FUNDING FOR BIOTERRORISMPREPAREDNESS AND RESPONSE.     (a) Findings.--The Senate finds thefollowing:            (1) Additional steps must be takento better prepare the         United States to respond to potentialbioterrorism attacks.            (2) The threat of a bioterroristattack is still remote, but         is increasing for a variety of reasons,including--                    (A) public pronouncementsby Osama bin Laden that it                 is his religious duty toacquire weapons of mass                 destruction, including chemicaland biological weapons;                    (B) the callous disregardfor innocent human life as                 demonstrated by the terrorists'attacks of September 11,                 2001;                    (C) the resources andmotivation of known terrorists                 and their sponsors and supportersto use biological                 warfare;                    (D) recent scientific andtechnological advances in                 agent delivery technology suchas aerosolization that                 have made weaponization ofcertain germs much easier;                 and                    (E) the increasing accessto the technologies and                 expertise necessary toconstruct and deploy chemical and                 biological weapons of massdestruction.            (3) Coordination of Federal, State,and local terrorism         research, preparedness, and responseprograms must be improved.            (4) States, local areas, and publichealth officials must         have enhanced resources and expertisein order to respond to a         potential bioterrorist attack.            (5) National, State, and localcommunication capacities must         be enhanced to combat the spread ofchemical and biological         illness.            (6) Greater resources must beprovided to increase the         capacity of hospitals and local healthcare workers to respond         to public health threats.            (7) Health care professionals mustbe better trained to         recognize, diagnose, and treatillnesses arising from         biochemical attacks.            (8) Additional supplies may beessential to increase the         readiness of the United States torespond to a bio-attack.            (9) Improvements must be made inassuring the safety of the         food supply.            (10) New vaccines and treatmentsare needed to assure that         we have an adequate response to abiochemical attack.            (11) Government research,preparedness, and response         programs need to utilize private sectorexpertise and resources.            (12) Now is the time to strengthenour public health system         and ensure that the United States isadequately prepared to         respond to potential bioterrorist attacks,natural infectious         disease outbreaks, and other challengesand potential threats to         the public health. [[Page115 STAT. 399]]     (b) Sense of the Senate.--It is the senseof the Senate that the UnitedStates should make a substantial new investment this year toward thefollowing:            (1) Improving State and localpreparedness capabilities by         upgrading State and local surveillanceepidemiology, assisting         in the development of response plans,assuring adequate staffing         and training of health professionals todiagnose and care for         victims of bioterrorism, extending theelectronics         communications networks and trainingpersonnel, and improving         public health laboratories.            (2) Improving hospital responsecapabilities by assisting         hospitals in developing plans for abioterrorist attack and         improving the surge capacity ofhospitals.            (3) Upgrading the bioterrorismcapabilities of the Centers         for Disease Control and Preventionthrough improving rapid         identification and health early warningsystems.            (4) Improving disaster responsemedical systems, such as the         National Disaster Medical System andthe Metropolitan Medical         Response System and EpidemicIntelligence Service.            (5) Targeting research to assistwith the development of         appropriate therapeutics and vaccinesfor likely bioterrorist         agents and assisting with expedited drugand device review         through the Food and DrugAdministration.            (6) Improving the NationalPharmaceutical Stockpile program         by increasing the amount of necessarytherapies (including         smallpox vaccines and otherpost-exposure vaccines) and ensuring         the appropriate deployment ofstockpiles.            (7) Targeting activities toincrease food safety at the Food         and Drug Administration.            (8) Increasing internationalcooperation to secure dangerous         biological agents, increasesurveillance, and retrain biological         warfare specialists. SEC.1014. <<NOTE: 42 USC 3711.>> GRANT PROGRAM FOR STATE AND LOCAL             DOMESTIC PREPAREDNESS SUPPORT.     (a) In General.--The Office for State andLocal Domestic PreparednessSupport of the Office of Justice Programs shall make a grantto each State, which shall be used by the State, in conjunction withunits of local government, to enhance the capability of State and localjurisdictions to prepare for and respond to terrorist acts includingevents of terrorism involving weapons of mass destruction and biological,nuclear, radiological, incendiary, chemical, and explosive devices.    (b) Use of Grant Amounts.--Grants underthis section may be used to purchaseneeded equipment and to provide training and technical assistanceto State and local first responders.    (c) Authorization of Appropriations.--            (1) In general.--There isauthorized to be appropriated to         carry out this section such sums asnecessary for each of fiscal         years 2002 through 2007.            (2) Limitations.--Of the amountmade available to carry out         this section in any fiscal year notmore than 3 percent may be         used by the Attorney General forsalaries and administrative         expenses.            (3) Minimum amount.--Each Stateshall be allocated in each         fiscal year under this section not lessthan 0.75 percent of the         total amount appropriated in the fiscalyear for grants [[Page115 STAT. 400]]         pursuant to this section, except thatthe United States Virgin         Islands, America Samoa, Guam, and theNorthern Mariana Islands         each shall be allocated 0.25 percent. SEC.1015. EXPANSION AND REAUTHORIZATION OF THE CRIME IDENTIFICATION             TECHNOLOGY ACT FOR ANTITERRORISMGRANTS TO STATES AND             LOCALITIES.     Section 102 of the Crime IdentificationTechnology Act of 1998 (42 U.S.C.14601) is amended--            (1) in subsection (b)--                    (A) in paragraph (16), bystriking ``and'' at the                 end;                    (B) in paragraph (17), bystriking the period and                 inserting ``; and''; and                    (C) by adding at the endthe following:            ``(18) notwithstanding subsection(c), antiterrorism         purposes as they relate to any otheruses under this section or         for other antiterrorism programs.'';and            (2) in subsection (e)(1), bystriking ``this section'' and         all that follows and inserting ``thissection $250,000,000 for         each of fiscal years 2002 through2007.''. SEC.1016. <<NOTE: Critical Infrastructure Protection Act of 2001. 42             USC 5195c.>> CRITICALINFRASTRUCTURES PROTECTION.     (a) Short Title.--This section may be citedas the ``Critical InfrastructuresProtection Act of 2001''.    (b) Findings.--Congress makes the followingfindings:            (1) The information revolution hastransformed the conduct         of business and the operations ofgovernment as well as the         infrastructure relied upon for thedefense and national security         of the United States.            (2) Private business, government,and the national security         apparatus increasingly depend on aninterdependent network of         critical physical and informationinfrastructures, including         telecommunications, energy, financialservices, water, and         transportation sectors.            (3) A continuous national effort isrequired to ensure the         reliable provision of cyber andphysical infrastructure services         critical to maintaining the nationaldefense, continuity of         government, economic prosperity, andquality of life in the         United States.            (4) This national effort requiresextensive modeling and         analytic capabilities for purposes ofevaluating appropriate         mechanisms to ensure the stability ofthese complex and         interdependent systems, and to underpinpolicy recommendations,         so as to achieve the continuousviability and adequate         protection of the criticalinfrastructure of the Nation.     (c) Policy of the United States.--It is thepolicy of the United States--            (1) that any physical or virtual disruptionof the operation         of the critical infrastructures of theUnited States be rare,         brief, geographically limited ineffect, manageable, and         minimally detrimental to the economy,human and government         services, and national security of theUnited States;            (2) that actions necessary toachieve the policy stated in         paragraph (1) be carried out in apublic-private partnership         involving corporate andnon-governmental organizations; and            (3) to have in place a comprehensive andeffective program         to ensure the continuity of essentialFederal Government         functions under all circumstances. [[Page115 STAT. 401]]     (d) Establishment of National Competencefor Critical Infrastructure Protection.--            (1) Support of criticalinfrastructure protection and         continuity by national infrastructuresimulation and analysis         center.--There shall be established theNational Infrastructure         Simulation and Analysis Center (NISAC)to serve as a source of         national competence to address criticalinfrastructure         protection and continuity throughsupport for activities related         to counterterrorism, threat assessment,and risk mitigation.            (2) Particular support.--Thesupport provided under         paragraph (1) shall include thefollowing:                    (A) Modeling, simulation,and analysis of the                 systems comprising criticalinfrastructures, including                 cyber infrastructure,telecommunications infrastructure,                 and physical infrastructure, inorder to enhance                 understanding of thelarge-scale complexity of such                 systems and to facilitatemodification of such systems                 to mitigate the threats to suchsystems and to critical                 infrastructures generally.                    (B) Acquisition from Stateand local governments and                 the private sector of datanecessary to create and                 maintain models of such systemsand of critical                 infrastructures generally.                    (C) Utilization ofmodeling, simulation, and                 analysis under subparagraph (A)to provide education and                 training to policymakers onmatters relating to--                          (i) the analysisconducted under that                       subparagraph;                          (ii) the implicationsof unintended or                       unintentionaldisturbances to critical                       infrastructures; and                          (iii) responses toincidents or crises                       involving criticalinfrastructures, including the                       continuity of governmentand private sector                       activities through andafter such incidents or                       crises.                    (D) Utilization ofmodeling, simulation, and                 analysis under subparagraph (A)to provide                 recommendations topolicymakers, and to departments and                 agencies of the Federal Governmentand private sector                 persons and entities uponrequest, regarding means of                 enhancing the stability of, andpreserving, critical                 infrastructures.            (3) Recipient of certainsupport.--Modeling, simulation, and         analysis provided under this subsectionshall be provided, in         particular, to relevant Federal, State,and local entities         responsible for critical infrastructureprotection and policy.     (e) Critical Infrastructure Defined.--Inthis section, the term ``criticalinfrastructure'' means systems and assets, whether physical orvirtual, so vital to the United States that the incapacity or destructionof such systems and assets would have a debilitating impact onsecurity, national economic security, national public health or safety,or any combination of those matters. [[Page115 STAT. 402]]     (f) Authorization of Appropriations.--Thereis hereby authorized for theDepartment of Defense for fiscal year 2002, $20,000,000 for the DefenseThreat Reduction Agency for activities of the National InfrastructureSimulation and Analysis Center under this section in that fiscalyear.     Approved October 26, 2001. LEGISLATIVEHISTORY--H.R. 3162:--------------------------------------------------------------------------- CONGRESSIONALRECORD, Vol. 147 (2001):            Oct. 23, 24, considered and passedHouse.            Oct. 25, considered and passedSenate.WEEKLYCOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):            Oct. 26, Presidential remarks.      US wants touse the Iraqi government as carrot and stick against Kurds’Get short URLPublished time: May 07, 2015 14:38 Kurdish Peshmerga fighters.(Reuters/Azad Lashkari)1031TrendsIslamicState TagsArms, Iraq, MiddleEast, Military, Obama, Politics, Terrorism,USA Providing Kurds with weapons throughthe Iraqi central government lets the US maintain its influence over it whiledirect weapon supplies to the Kurds serves none of the US strategic interests,former US diplomat Peter Mark Van Buren told RT.US senators are pushing for a billallowing direct military aid to the Iraqi Kurds fighting the Islamic Stateterrorists. The bill has been sharply criticized by the Iraqi government. RT: We've heard that Baghdad is against this bill. Why wouldthe US risk losing the support of the Iraqi government? Peter Mark Van Buren: It’s important to understand that this bill is being putforward by a select group of individuals in the US Congress, not by the USgovernment. The White House obviously opposes it and the chances of this billchanging any American policy on the ground are exactly zero. The US continuesto funnel the weaponry to the Kurds through the Baghdad central governmentlargely to maintain its influence over that central government, and to be ableto use the central government as a bit of a carrot and stick against the Kurds.There is nothing in America’s broader strategic interest that would be servedby directly supplying weapons and I don’t think that’s what you are going tosee happen. Read moreUS Senate mulls bypassing Iraqi government in arming KurdishmilitiaRT: Are you surprised that we haven’t heard any sort ofwords from the US government reassuring the Iraqi leadership because clearlythey are concerned? PB: I think Obama has once again found himself in between arock and a hard place which appears to almost define American policy in Iraqand in the greater Middle East these days. He is facing increasing criticismfrom the right in the US, particularly two core sponsors of the bill - RandPaul and Marco Rubio, both of whom are Republican presidential candidates - areusing the issue to picket Obama’s alleged weakness. So he’s got to be carefulwhat he says but I think at the end of the day what is going to matter is whathe does and that is going to be no substantive change. RT: The Kurdish leader also said that Iraqi Kurds will holda referendum on independence. What are your thoughts on that because presumablythat could be extremely disruptive for Iraq and also the wider region? PB: Absolutely, it would be inflammatory to hold such areferendum particularly as the Islamic State is still in some form ofdisillusion. The Kurds were careful to say that once the Islamic State isdefeated, they’re going to hold that referendum. And of course, the defeat ofthe IS can be defined by a number of people in a number of ways. Essentially,what you’ve got is the Kurds arguing for a little more room in terms of theirfuture independence, a little more muscle in their relationship with the US. Theseoften times apocalyptic statements that the sides make are really part of thisnegotiating process. The US is going to have to give a little towards Kurdishindependence, as will the Baghdad central government, but not very much. Andthe way things are done in that region - you start off with these bigstatements and then negotiate yourself on the details. Read moreKurdistan's independence is inevitable, but only throughpeace - Iraqi Kurdish leaderRT: There hasn’t been any public statement from the USconcerning the possible Kurdish independence, has there? PB: I haven’t heard any statements and it’s a little bitsurprising that the White House hasn’t at least confirmed earlier statementsabout Kurdish independence. My belief - the US has some official standingpolicy that’s a bit vague but essentially says “not right now, people”. It’ssurprising that they haven’t confirmed it. But again with the Kurdish leader intown and the Republican presidential candidates barking at his heels Obama maybe waiting a little bit in order to say something about that. This is largelyabout politics in Iraq and politics in Washington - and very little aboutweapons in the Middle East.     World Bankdestruction, shocking animal rights news, Obama joins showApril 25, 2015 03:00       AFP Photo / Karen Bleier Download video(237.65 MB) 194Team Redacted details thedestructive path of the World Bank, talks exclusively to President Obama,reveals that the FBI recently admitted to lying on a grand scale, details howour water is being privatized and much more. Redacted Tonight with Lee Camp airsevery Friday at 8pm EST on RT America and every episode can also be found on www.YouTube.com/RedactedTonight LIKE Redacted Tonight at www.Facebook.com/RedactedTonight
FOLLOW Redacted Tonight at @RedactedTonight and @LeeCamp
FOLLOW Redacted Tonight at https://soundcloud.com/rttv/sets/redactedtonight-leecamp    People running US govt - running banks and hedge fundsas well’Get short URLPublished time: May 06, 2015 14:52 Georges Soros, Chairman of SorosFund Management. (Reuters/Charles Platiau)The US government will crack down onlittle people, including Snowden, whether it’s over economics, or law breaking,while the big guys, such as George Soros and David Petraeus get a free ride,Gerald Celente the publisher of Trends Journal, told RT.One of the world's richest people,84-year-old George Soros, used a loophole which allowed him to avoid payingtaxes. In 2013 through Soros Fund Management the billionaire managed toaccumulate $13.3 billion. However, the investor now faces having to pay almost$7 billion. Gerald Celente: He is just one of many when you look atwhat is going on in America - these hedge fund guys, private equity guys. Theypay taxes at capital gains rate which is about 20 percent, when they should bepaying about 49 percent. They all have been getting a break. You look at thedata coming in from the country since 2009, for example, the wealth among thetop 400 people, which of course Soros is one of, has doubled. Four hundredpeople have $2.25 trillion - that’s more wealth than the GDP of 130 countries.So they have been dodging these taxes one way or another. When they end uppaying what they finally pay it’ll be a very small percentage of what theyactually should pay because they always cut a deal. RT: What was the reaction in the US, given the wealthgap between rich and poor? Has this case with Soros inflamed the situation?GC: No, they were more concerned about the prize fight lastweek or what the Kardashians are doing, whether this guy, Bruce Jenner isbecoming transgender. No, most people don’t know about this. But the latestpoll that came out was very interesting - this is one of the first times thatyou’re seeing very high levels of people being polled that are concerned aboutthe gap between the rich and the poor. Yet, the number of people saying thatthey are against so few having so much it’s still a very small number. : What can the government do? Should it go after morehigh-profile tax dodgers? Who is putting the pressure on the government to actif the public don’t do it? GC: The people that are running the government are the samepeople that are running the banks and the hedge funds in America. When thepresidential elections, or as I like to call them, “the presidentialreality show” is underway - look at all the money they are giving, privatepeople are giving to these candidates… So it is money talks. They call themcampaign contributions - where I come from they call them “bribes” and“payoffs”. The only people that the government is going to go afterare the ones they always go after, and that’s the little people whether it’s aneconomic end, or whether it is breaking the law. You saw what they did with[Edward] Snowden - he must be pretty close by. Look what they did to [David] Petraeus, the formerGeneral – giving his girlfriend classified information. It was a misdemeanor,it was no jail time. It is only punishment for the very little. Yes, the IRS[Internal Revenue Service] will crack down, the government will crack down;they’ll crackdown on us in every way they can as the big guys get a free ride. The statements, views andopinions expressed in this column are solely those of the author and do notnecessarily represent those of RT    In Nepal Earthquake's Aftermath, India and ChinaRespondBoth India and China have reactedswiftly to Nepal’s calls for assistance after an 8.1 magnitude earthquake onSaturday.By AnkitPandaApril 27, 2015 866 72 5 10 953 Shares122 CommentsAs Nepal continues to wrangle withthe immediate aftermath of a devastating magnitude 8.1 earthquake that took place on Saturday and has claimed nearly 2,500lives, its two large neighbors—India and China—are sending assistance to staveoff a broader humanitarian crisis in the country. Nepal, though a smallcountry, is of strategic significance for both New Delhi and Beijing.On Sunday, China sent a 62-member InternationalSearch and Rescue team to Nepal to assist in the humanitarian relief effortfollowing the earthquake. According to Xinhua, the team includes “6sniffer dogs and relevant rescue and medical equipment.” 40 members of therescue team are from the 38th Group Army of the People’s Liberation Army.China President Xi Jinping expressed his condolences to Nepalese President Ram Baran Yada on Saturday, notingthat “the Chinese side is willing to offer all necessary disaster assistance tothe Nepalese side.” Meanwhile, Chinese Premier Li Keqiang issued hiscondolences to Nepalese Prime Minister Sushil Koirala.Hong Lei, spokesperson for theChinese foreign ministry, noted late on Saturday that China was preparing emergency relief materials forNepal, in addition to the search-and-rescue teams. China isadditionally sending “20 million yuan in tents, blankets, generators and othermaterials to be sent by charter flights.”Indian Prime Minister Narendra Moditold Koirala via Twitter that he could cou on India’s “support andassistance during this tough time.” Modi has placed a special emphasis onIndia’s relations with neighboring states in his foreign policy.“My dear brothers and sisters ofNepal, India is with you in this hour of grief. … For 125 crore Indians, Nepalis their own. India will do its best to wipe the tears of every Nepali, holdtheir hands and stand with them,” Modi added during his monthly radioaddress, Mann Ki Baat.The Indian response was particularlyswift—hours after the first quake struck on Saturday, four Indian aircraftcarrying 300 disaster-relief personnel had flown to Kathmandu to assist insearch and rescue and humanitarian relief operations, according to the Wall Street Journal.The Indian Army launched a broader aid operation, entitled “Operation Maitri” (Maitri meaningfriendship), on Sunday. Sitanshu Kar, the spokesperson for the Indian DefenseMinistry, noted that ”India is moving in massive amount of rescue andrelief material, equipment and specialists the second day (Sunday).” On Sunday,an additional 10 Indian flights carrying medical personnel and humanitarianrelief equipment, including food, water, and blankets, left for Nepal.BothIndia and China, as two large powers bordering Nepal, will have an importantrole to play in the aftermath of this earthquake in Nepal. The Nepaligovernment is facing widespread criticism from displaced residents over inadequate humanitarianprovisions. Hospitals remain short on medical supplies to treat the wounded,and power shortages have resulted in broader chaos.  U.S.-Japan: A Pacific Alliance TransformedThe new defense guidelines have thepotential to mark a new era in the U.S-Japan alliance.By Jeffrey W. HornungMay 04, 2015 915 88 5 31 1.0k Shares115 CommentsAll eyes were on Washington lastweek, for the visit by Japanese Prime Minister Shinzo Abe. One of the focalpoints was a document that altered security ties between the U.S. and Japan. OnMonday, the two countries released new guidelines for defense cooperation,outlining the general framework and policy direction for the roles and missionsof the two countries’ militaries. This new document lays out a vision for thealliance that is rooted in bilateralism but is global in scope. Importantly,Japan has emerged as a willing partner in many roles it once considered taboo.Together, this translates into a stronger alliance with broader functions andgeographical scope. To quote U.S. Defense Secretary Ash Carter, the updatedguidelines will “transform the U.S.-Japan alliance.”The U.S.-Japan defense guidelineshad become antiquated. First written in 1978, they specified the alliancedivision of labor during the Cold War in defense of Japan. The fall of theBerlin Wall meant the logic and assumptions behind them no longer held, asmultipolarity replaced Cold War bipolarity and America’s brief unipolar moment.As the Soviet threat to Japan evaporated, broader regional concerns over theTaiwan Strait or renewed conflict on the Korean Peninsula emerged. The alliesrecognized that their relationship was not adapted to this post-Cold Warsecurity environment, as there was no operative framework for Japan to supportthe U.S. in these scenarios. This led to their revision in 1997.A similar logic drove the currentrevision. The two allies have expanded their security cooperation over the pasteighteen years in ways that were not spelled out in the 1997 revisions. Thisincludes refueling missions in Afghanistan, anti-piracy missions off Somalia,and ballistic missile defense in Japan. Importantly, the regional securitychallenges of 2015 are very different from those of 1997, with China’s pursuitof anti-access and area denial capabilities and salami-slicing activities inthe maritime domain topping the list of current security concerns. Japan andthe U.S. needed to upgrade their relationship to better respond to today’schallenges, basing it on the reality of nearly two decades of policy changesand operational experiences. A number of important changes stand out.Better coordination of operations. Under the 1997 revisions, thealliance established a bilateral coordination mechanism (BCM) to enable them tocoordinate operations in the event of an attack on Japan or a situation inareas surrounding Japan (SIASJ). The BCM was too rigid, however, so it couldnot be activated unless an armed attack commenced. This meant that even duringthe 2011 disaster-relief operations following the Great East Japan Earthquakeit lay dormant. To rectify this, the allies have now outlined the need forwhole-of-government coordination and called for the creation of an AllianceCoordination Mechanism (ACM) that is meant to strengthen both policy andoperational coordination in all phases, contribute timely information sharing,and develop and maintain common situational awareness. While the specifics arestill unknown, the ACM is meant to be a standing mechanism that will flex dependingon the situation so that the alliance can coordinate for all situations. Itwill be aided by a new emphasis on further integrating bilateral militaryoperations as well as exchanging personnel to enhance operational coordinationand continued emphasis on bilateral planning.Expanded situations of cooperation. Under the 1997 guidelines,cooperation was limited to peacetime, SIASJ, and armed attacks on Japan. Whilethe first and third were black-and-white categories, SIASJ was ambiguous,albeit still focused on a contingency of some sort. The new guidelineseliminate geographic restrictions with the intent to seamlessly ensure Japan’speace and security in all situations to include: a) peacetime, b) emergingthreats to Japan’s peace and security, c) armed attacks against Japan, d) armedattacks against a country other than Japan, and e) a large-scale disaster inJapan. The inclusion of B and D are significant. B is expansive as it is vagueand could be interpreted to mean gray-zone incidents (a growing concern for theJapanese facing paramilitary threats from China in the East China Sea) orprotecting freedom of navigation in regional sea lines of communication (agrowing concern for both Japan and the U.S. as China ramps up maritimeactivities in the South China Sea). Its inclusion nevertheless represents asignificant step for both countries as it opens the door to involvement insituations to which they may have previously been hesitant to committhemselves. Similarly, D represents a groundbreaking shift in Japan’swillingness to involve itself in regional security when Japan itself is notunder attack.  Taken together, the alliance is now poised to work beyondthe defense of Japan and its immediate environs.   Expanded functional areas ofcooperation. Overthe past eighteen years, the alliance has expanded its partnership into agrowing array of areas. The revisions codify some activities they have beenbranching into as well as new areas. Included in the new document iscooperation in ballistic missile defense and intelligence, surveillance andreconnaissance (ISR), and noncombatant evacuation operations as well ascooperation in the fields of maritime security, cyber and space. Importantly,following Japan’s passage of the State Secrecy Act, it is not surprising to seethe allies recognize the need to enhance intelligence cooperation andinformation sharing beyond their current levels. There is even a new focus onjoint cooperation on defense equipment and technology, including cooperationwith third countries. .Expanded cooperation into global andregional activities. To date,the primary focus of the alliance has been on Japan’s defense and the securityof its immediate environs. The new guidelines change this paradigm. The allieshave signaled their willingness to work closely both together and with otherpartners in regional and global affairs. This includes peacekeeping operations,humanitarian assistance/disaster relief, activities for maritime security (toinclude minesweeping, counterterrorism activities, counter-piracy, andnon-proliferation of WMDs), partner capacity building, noncombatant evacuationoperations, ISR, training and exercises, and logistic support.  While manyof these activities are not new to bilateral cooperation per se, the fact thatthey are “going global” with them will mark an important shift in alliancefocus. They are no longer focusing solely on Japan’s defense.Japan’s willingness to exercise(limited) collective self-defense.Presaged by Abe’s recent announcement that this policy would be relaxed,Japan-watchers were expecting the new guidelines to include this importantshift in Japan’s willingness to involve itself in regional affairs. The newsituations outlined in the guidelines include asset protection of U.S. forces,support for combat search and rescue operations by the U.S., the exchange ofinformation to protect forces participating in ballistic missile defenseoperations, and logistical support for U.S. forces. Most dramatically is theinclusion of actions involving the use of force that Japan and the U.S. arewilling to cooperate together on if a third country is under attack.This includes minesweeping, escort operations, interdiction of shippingactivities, intercepting ballistic missiles, and logistical support. While not combat or offensive operations, Japan clearly has indicated itswillingness to do much more beyond its own defense.These changes represent an effort bythe alliance to be more responsive and flexible to the full scope of challengesthe allies face in the region and around the world. Their revisions demonstratetheir desire to be security providers, albeit in different capacities. Towardthis end, Washington and Tokyo have expanded the geographical scope andspectrum of potential situations to which the alliance will respond. WhileJapan still is not a “normal country” that can fight alongside American troopsin combat, it is voluntarily taking on larger security roles alongside itsAmerican ally. This is part of the Abe administration’s pursuit of making“proactive contributions to peace,” which involves more active securitycontributions to the region, either independently or together with partners.This is welcome news for the U.S. and its “rebalance” to the Asia-Pacific,which emphasizes greater attention to the region, increased cooperation withallies, and an encouragement for allies to take on a greater role in regionalsecurity.How well the allies perform dependson how they execute over the coming months. If successful, Washington and Tokyowill look back at the years 1997-2015 as an interstice between an alliance witha narrow bilateral focus on Japan’s defense and limited functions to one thathas a global focus on broader security concerns with broader functions. Inother words, a truly transformed U.S.-Japan alliance.JeffreyW. Hornung is associate professor at the Asia-Pacific Center for SecurityStudies (APCSS) in Honolulu, HI, and an adjunct fellow with the Japan Chair atthe Center for Strategic and International Studies (CSIS) in Washington, D.C.The views expressed above are those of the author.  Shinzo Abe'sHistoric US VisitJim Schoff speaks with TheDiplomat about Japanese Prime Minister Shinzo Abe’s state visit to theUnited States.By ShannonTiezziMay 07, 2015 88Shares2 CommentsJapanesePrime Minister Shinzo Abe’s state visit to the United States has been full ofkey moments — the roll-out of new defense guidelines for the U.S.-Japanalliance, a keenly anticipated speech before a joint session of Congress, andthe final push for the Trans-Pacific Partnership. Jim Schoff, a SeniorAssociate in the Carnegie Asia program, sits down with TheDiplomat to go over the highlights.  China andJapan's Deteriorating RelationshipThe Diplomat speaks with Michael Green about the root cause of thetensions, the possibility for conflict, and strategies for repairing relations.By ShannonTiezziFebruary 13, 2014 517 Shares39 CommentsChina-Japan relations havedeteriorated rapidly in the wake of China’s newly announced Air DefenseIdentification Zone and Japanese Prime Minister Shinzo Abe’s visit to thecontroversial Yasukuni Shrine. The Diplomat‘s Shannon Tiezzi talkswith Michael Green, Senior Vice President for Asia at CSIS and a professor atGeorgetown University, about the root cause of the tensions, the possibilityfor conflict, and strategies for repairing relations.      S. Korea, US begin Korean War remains excavationMay 6, 2015
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U.S. Marines cover wounded NorthKorean soldier as he hoists himself to stretcher in the Naktong River sector ofthe Korean front on August 23, 1950. The captive was flushed out of a nearbyrice paddy, still clutching his automatic weapons. A search of his clothingdisclosed an American watch, lighter and other items apparently taken from adead U.S. soldier. (AP Photo/Max Desfor)SEOUL, May 6 (Yonhap) — South Koreaand the United States launched a project Wednesday to dig up the remains oftheir soldiers killed during the 1950-53 Korean War.The allies kicked off the jointexcavation for a three-day schedule in mountainous areas in the southern cityof Changwon, South Gyeongsang Province, where a division involving soldiersfrom the two nations launched a fierce battle in August 1950 against theinvading North Korean forces, according to the Defense Ministry.“Upon the tip-off by a ministryofficial whose parents have lived there, the Seoul government carried out apreliminary research in 2014 before conducting a joint survey in March of thisyear,” said Choi Hee-cheon, the official in charge of the project.“The survey results led us tobelieve that remains of the victims will be buried there, as both the alliesand North Korea saw a number of casualties during the August battle,” he added.The three-day excavation workinvolves some 15 South Korean officials and eight experts from the U.S. DefensePOW and MIA Accounting Agency. The retrieved remains will go through a processfor identification.“Bodies of some 8,000 U.S. soldierskilled during the Korean War out of 54,000 have yet to be found,” the chief ofthe U.S. excavation team was quoted by a ministry spokesman as saying.“This project will not onlyaccelerate the work to find the remains of the victims and allow the twocountries to heed the meaning of the blood alliance,” the spokesman said.The Korean War broke out in June1950, when North Korea, backed by the Soviet Union, invaded the South. The U.S.and 20 other allied countries fought alongside the South under the UnitedNations flag, while China helped the North. It ended in a truce, not a peacetreaty, leaving the two Koreas technically in a state of war.Since2000, the South Korean military has conducted the excavation based upon recordsof battle sites and registered soldiers during the three-year conflict, torepatriate the remains to their families. So far, some 9,500 bodies have beenrecovered, with most of them being identified as South Korean soldiers.   

[H.E. KUM Nelson Bame IV]

Nepal earthquake, magnitude 7.3, strikes near Everest

• 1 hour ago
• From the section Asia

·         A major earthquake has struck eastern Nepal, near Mount Everest, two weeks after more than 8,000 died in a devastating quake.

·         At least 29 people have been killed and 1,006 injured, according to the Nepali government.

·         The latest earthquake hit near the town of Namche Bazaar, near Mount Everest.

·         The US Geological Survey said it had a magnitude of 7.3. An earthquake on 25 April, centred in western Nepal, had a magnitude of 7.8.

·         The latest tremor was also felt in northern India and Bangladesh, and was centred east of the Nepalese capital Kathmandu, in a rural area close to the Chinese border.

·         Follow the latest developments on our live page

·         Read eyewitnesses' account of the earthquake

·         In Kathmandu, which was badly damaged last month, people rushed out of buildings as the quake struck at 12:35 local time (06:50 GMT).

·         Rescue helicopters have been sent to districts north-east of the capital, that are believed to be worst hit.

·         A spokesman for Nepal's government told the BBC that 31 of the country's 75 districts had been affected.

·         At the scene: Simon Cox, BBC, Kathmandu

·         You could feel it really strongly. It went on for about 25 seconds - the ground was shaking, the birds started squawking, you could feel the buildings shaking.

·         There was another aftershock and people were all out on the street. That aftershock really added anxiety and panic. People started crying.

·         They are calm but you can tell they are all scared.

·         The BBC's Yogita Limaye, who was in Nepal's mountains when the latest earthquake struck, said: "The earth shook and it shook for a pretty long time.

·         "I can completely understand the sense of panic. We have been seeing tremors: it's been two-and-a-half weeks since the first quake. But this one really felt like it went on for a really long time. People have been terrified."

·         At least four people were killed in the town of Chautara, east of Kathmandu, where a number of buildings are reported to have collapsed.

·         The International Organisation for Migration said bodies were being pulled from rubble there.

·         Krishna Gyawali, the chief district officer for Chautara, said there had been a number of landslides.

 

 

The BBC's Navin Singh Khadka says the new earthquake has brought down more houses and lodges in the Everest region but that local officials report very few tourists are still in the area following the 25 April quake.

The quake struck at a depth of 15km (9.3 miles), according to the US Geological Survey - the same depth as the April quake. Shallow earthquakes are more likely to cause more damage at the surface.

Tuesday's earthquake is likely to be one of the largest to hit Nepal, which has suffered hundreds of aftershocks since 25 April.

The 7.3 quake was followed by six aftershocks of magnitude 5.0 or higher.

One tremor that hit 30 minutes later, centred on the district of Ramechhap, east of Kathmandu, had a magnitude of 6.3.

 

 

 

Analysis: Jonathan Amos, science correspondent, BBC News

Scientists are already producing some preliminary analyses of Tuesday's quake.

The epicentre this time is about 80km (50 miles) east-north-east of Kathmandu, halfway to Everest. On 25 April, the big quake began 80km to the north-west of the capital.

In April, we saw the fault boundary rupture eastwards for 150km (93 miles). And the immediate assessment suggests Tuesday's tremor has occurred right at the eastern edge of this failure.

In that context, this second earthquake was almost certainly triggered by the stress changes caused by the first one. Indeed, the US Geological Survey had a forecast for an aftershock in this general area.

Its modelling suggested there was 1-in-200 chance of a M7-7.8 event occurring this week. So, not highly probable, but certainly possible.

Quake experts often talk about "seismic gaps", which refer to segments of faults that are, to some extent, overdue a quake. Tuesday's big tremor may well have filled a hole between what we saw on 25 April and some historic events - such as those in 1934, that occurred further still to the east.

 

 

Russia 'lost 220 troops' in Ukraine - Nemtsov report

• 12 minutes ago
• From the section Europe

·         An investigation by Russian opposition activists has concluded that 220 Russian soldiers died in two major battles in eastern Ukraine.

·         The report includes data compiled by the opposition politician Boris Nemtsov, who was shot dead in February.

·         Russia denies Western accusations that it has sent regular troops and armour to help the rebels in eastern Ukraine.

·         The cost of Russia's military involvement and of annexing Crimea is said to run into billions of dollars.

·         The 64-page report, called "Putin - War", has been published on the Open Russia news website.

·         At a news conference in Moscow Ilya Yashin, an ally of Boris Nemtsov who finalised the report, said it was the work of "true patriots" who opposed the "isolationist policies of [President] Vladimir Putin".

·         It details how 150 Russian soldiers were killed in the key battle for Ilovaisk, a small town in the Donetsk region, in August 2014.

·         More recently, it says, 70 Russian soldiers died in the battle for Debaltseve, which fell to pro-Russian rebels in February, after the Minsk ceasefire deal was signed.

·         "All key successes of the separatists were secured by the Russian army units," Mr Yashin said.

·         The question of Russian involvement in Ukraine is highly sensitive in Moscow. The activists said that finding a company prepared to print the document had been difficult.

·         An investigation by Russian opposition activists has concluded that 220 Russian soldiers died in two major battles in eastern Ukraine.

·         The report includes data compiled by the opposition politician Boris Nemtsov, who was shot dead in February.

·         Russia denies Western accusations that it has sent regular troops and armour to help the rebels in eastern Ukraine.

·         The cost of Russia's military involvement and of annexing Crimea is said to run into billions of dollars.

·         The 64-page report, called "Putin - War", has been published on the Open Russia news website.

·         At a news conference in Moscow Ilya Yashin, an ally of Boris Nemtsov who finalised the report, said it was the work of "true patriots" who opposed the "isolationist policies of [President] Vladimir Putin".

·         It details how 150 Russian soldiers were killed in the key battle for Ilovaisk, a small town in the Donetsk region, in August 2014.

·         More recently, it says, 70 Russian soldiers died in the battle for Debaltseve, which fell to pro-Russian rebels in February, after the Minsk ceasefire deal was signed.

·         "All key successes of the separatists were secured by the Russian army units," Mr Yashin said.

·         The question of Russian involvement in Ukraine is highly sensitive in Moscow. The activists said that finding a company prepared to print the document had been difficult.

·         'Compelling case' - Oleg Boldyrev, BBC News, Moscow:

·         Most of the report is based on facts that have already appeared in Russian and foreign media during a year of conflict in Crimea and eastern Ukraine.

·         But colleagues of Boris Nemtsov say putting them together makes a very compelling case for accusing Vladimir Putin of waging the war in Ukraine for his own ends.

·         Mr Nemtsov started this work in early 2015, after hearing of Russian soldiers' relatives who had still not got the promised compensation. But the relatives never went public and - after Nemtsov's death - became even more scared.

·         Ilya Yashin said the opposition would collect donations to extend the initial print run of only 2,000 copies. But publishing and distributing this kind of dossier is going to be hard. And, above all, the question remains - how many people are keen to learn the facts?

·         It seems most Russians are aware of Russia's direct military involvement in eastern Ukraine, but find it acceptable, thinking that Moscow supports those who want to be independent of the Kiev government. Mr Yashin and other opposition activists don't call that "support" - they accuse Mr Putin of masterminding and directing the war to boost his failing popularity.

A leading economist who contributed to the report, Sergei Aleksashenko, estimated Russia's spending on the rebellion in eastern Ukraine to be 53bn roubles (£665m; $1bn).

The report says relatives of the 150 soldiers killed at Ilovaisk received 2m roubles each (£25,100; $39,000) after agreeing not to reveal how the men had died.

However, relatives of the 70 who died in Debaltseve were given no compensation from the Russian defence ministry, the report says.

By that time soldiers sent to fight in eastern Ukraine were being released from the regular army, to make it look as if they were volunteers, according to the report.

Mr Aleksashenko broke down Russian spending on the conflict as:

• 21bn roubles on the upkeep of 6,000 "volunteer" soldiers
• 25bn roubles on the upkeep of local militia in the rebel-held areas
• 7bn roubles on servicing of Russian military hardware

The others who worked on the report, besides Boris Nemtsov, were: Mr Yashin's RPR-Parnas party colleagues Leonid Martynyuk and Olga Shorina, former Russian Deputy Prime Minister Alfred Kokh, and journalists Ayder Muzhdabayev and Oleg Kashin.

 

 

 

George Zimmerman shooting linked to prior dust-up, Florida police say

y Kylie Hightower and Mike Schneider - Associated Press - Tuesday, May 12, 2015

LAKE MARY, Fla. (AP) — A shooting incident involving George Zimmerman is the latest in a series of run-ins the former neighborhood watch volunteer has had with the law, random strangers and his ex-wife since he was acquitted of murder charges two years ago in the death of Trayvon Martin.

A man with whom Zimmerman was involved in a road-rage encounter earlier this year, Matthew Apperson, called 911 to report the shooting Monday in the Orlando suburb of Lake Mary, Officer Bianca Gillett told a news conference. Zimmerman, meanwhile, flagged down an officer to report someone had shot at him.

Gillett said both Zimmerman and Apperson have yet to be interviewed formally by investigators, and it was unclear whether any charges would be filed.

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SEE ALSO: George Zimmerman shot in face during road rage incident in Florida

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HHS rewrites Obamacare rules: Orders free birth control for all

 

 

By Tom Howell Jr. - The Washington Times - Monday, May 11, 2015

The Obama administration on Monday ordered all insurers to provide IUDs, the contraceptive patch and other birth control free of out-of-pocket charge to all women, thereby rewriting the rules after reports that some insurance carriers were refusing to cover all types of contraceptives.

Insurers must now cover at least one brand of contraception in each of 18 different methods outlined by the Food and Drug Administration, such as one type of oral contraceptive pill, one version of the emergency contraceptive morning-after pill and, notably, the vaginal ring, which some women could not get before without paying out of pocket.

In New York, Attorney General Eric T. Schneiderman called for his state to go even farther, proposing legislation that would force insurance companies to pay for men’s sterilization procedures.

At the federal level, the Health and Human Services Department said it was trying to clear things up after women and members of Congress complained that some insurers were refusing to cover the specific contraceptives women’s doctors were recommending.

Insurers can in some cases still impose costs to prod women to use generics rather than brand-name drugs under the new guidance — but if a doctor or hospital recommends a particular drug or contraceptive device out of medical necessity, the plans must cover them without additional cost.

 

The birth control pill remains the most common method of female contraception ... more >

“Today’s announcement is an important step toward making it clear that all insurance companies should follow the rules and provide women with the health care they are entitled to,” said Sen. Patty Murray, Washington Democrat, who led dozens of party colleagues this month in urging HHS to ensure compliance.

Insurers too had sought more specifics about what was required under the Affordable Care Act and its contraceptive coverage provisions, which have been among the most controversial parts of the law.

They were supposed to give women free access to birth control, but some insurers were refusing to fully cover all types of contraceptives, meaning women who wanted a particular form of birth control had to pay some or all of the costs, the nonpartisan Kaiser Family Foundation and other groups said in recent studies.
Those groups said the new rules were a victory.

“Insurance companies have been breaking the law and, today, the Obama administration underscored that it will not tolerate these violations,” the National Women’s Law Center said. “It is now absolutely clear that all means all — all unique birth control methods for women must be covered.”

Pro-choice groups and others had said insurers were using so-called “medical management” to either skirt the rules or plead ignorance.

For example, an inquiry by the New York attorney general found one plan told a patient she couldn’t get the NuvaRing — for which there is no generic on the market — without cost-sharing because she could use birth control pills with the same chemical formulation.

Holly Lynch, a bioethics experts at Harvard Law School who closely tracks Obamacare’s contraception rules, said that was exactly the type of problem that HHS wanted to erase.

“Just because a pill would be available for free doesn’t mean that an insurer could refuse to make the ring available for free,” she said.

The contraceptive mandate has been controversial from the start, though most of the attention has gone to the marathon court battle between the administration and employers who have religious objections to contraceptives, and who say forcing them to pay for employees’ coverage violates their own rights.

The Supreme Court last year ruled closely held corporations do not have to insure types of birth control that violate their moral beliefs, and the Obama administration is expected to update its rules soon.

Story Continues →

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IN THE KOREAS, Ex-prime minister to be quizzed By Kim Rahn Former Prime Minister Lee Wan-koo will be summoned Thursday for questioning over allegations that he took bribes from the late former Keangnam Enterprises Chairman Sung Woan-jong. Prosecutors said Tuesday that Lee will present himself at 10 a.m., 17 days after he resigned as prime minister over the escalating bribery scandal. He is the second to face summons among eight politicians listed as having taken bribes on a memo Sung left before killing himself in early April. South Gyeongsang Province Governor Hong Joon-pyo was the first ― being quizzed last Friday ― and is now facing indictment. Lee allegedly accepted 30 million won from Sung at his campaign office in Buyeo, South Chungcheong Province, on April 4, 2013, when he was running for a National Assembly seat in a by-election. Prosecutors already questioned Sung's former secretary, surnamed Geum, and former driver, Yeo. The two allegedly accompanied Sung when he visited the office. They also interrogated several aides to Lee, including his former driver who told local media that he witnessed Sung and Lee's meeting at that time. While Lee denies the suspicion, the prosecution said it secured evidence, such as expressway toll records of Sung's car that show the former Keangnam chairman went to Buyeo on the day of the alleged bribery. When the scandal emerged, Lee strongly denied it and said he was not that close to Sung. But it was found out later that he had some 210 phone calls with Sung over the last one year. Prosecutors also suspect Lee's aides attempted to persuade about 10 people involved in the election campaign to lie to investigators and fix their stories ahead of the investigation. Through phone call records and testimony, they confirmed that one of Sung's aides, surnamed Kim, contacted those people who were at the election camp office that day, after the scandal emerged. Among them are two former members of the provincial council who earlier supported Lee's claim by saying that they did not see Sung visit the office. "We confirmed the two former council members were at the office. They even talked with Sung for a long time there," a prosecutor said. In the meantime, controversy is rising over Hong's explanation about how he prepared funds for the election to become the leader of the ruling party in 2011. Denying his alleged bribe acceptance from Sung, Hong said Monday that the money was from his wife's "secret fund." He said his wife raised about 300 million won without his knowledge by collecting parts of his salary when he practiced law from 1995 and 2005 and part of the money he received from the National Assembly in 2008 when he was the head of the management committee there. As the committee head, he received 40-50 million won every month, which he was supposed to spend for official duty. If he gave part of the money to his wife as living expenses, this is embezzlement of public funds. He also did not report the wife's "secret fund" to the state, which he should have done as a public office holder according to the law. This is also a breach of law that is subject to a fine. rah...@koreatimes.co.kr, Best comment

 

 

 

 

 

NORTH KOREAN leader kills aunt: CNN

By Kim Hyo-jin

Kim Kyong-hui

North Korean leader Kim Jong-un had his aunt Kim Kyong-hui poisoned, causing her death, CNN reported Tuesday.

"On May 5th or 6th of last year, Kim Jong-un ordered his aunt to be killed," CNN quoted a North Korean defector as saying. The defector identified himself as a former aide of Jang Song-thaek, the husband of Kim Kyong-hui.

Jang was a key figure in Kim Jong-un's inner circle but disappeared from the public eye in September 2013. Reportedly he was executed by the regime in Pyongyang in December 2013.

CNN said the defector is a former senior North Korean official and spoke only on the condition of anonymity for fear of reprisals against his friends and family in Pyongyang.

"Only his bodyguard unit, Unit 974, knew this. Now senior officials also know she was poisoned," he was quoted as saying.

Media had speculated that Kim's aunt may have died from a stroke, committed suicide or was in a vegetative state after surgery for a brain tumor.

In February, Rep. Shin Kyoung-min of the main opposition New Politics Alliance for Democracy asserted she was still alive, speaking during a parliamentary intelligence committee meeting. He said that the National Intelligence Service confirmed that.

The defector told CNN the young leader wanted to silence his aunt because she complained for months after her husband was killed in December 2013.

Jang, once regarded as North Korea's No. 2 figure, was executed on charges of treason and corruption.

The CNN source claimed nobody saw Jang's execution as it was carried out in a secret underground room. He added that 30 of Jang and his wife's aides were killed publicly by firing squad.

He said Kim and Jang disagreed on how to spend the regime's money.

"After a year and a half, Kim Jong-un wanted to build the Masikryong Ski Resort and Munsu Water Park, basing it on his experience in Switzerland. Jang Song-thaek initially agreed… but suggested building up the economy first. That is where the friction began," CNN quoted the defector as saying.

 

 

 

 

 

Concerns over NK missile overblown'

By Yi Whan-woo

A group of international military analysts has played down North Korea's capability to deploy a submarine-launched ballistic missile (SLBM) in a year or two, saying concerns are overblown.

They also raised questions about the credibility of the reclusive country's claim Saturday that it successfully test-fired a ballistic missile from underwater.

"This is an emerging threat. It's still going to take years," Joseph Bermudez, a U.S. analyst on North Korean defense and intelligence affairs, was quoted as saying by the Korean-language edition of the Voice of America (VOA) online, Tuesday.

A U.S. defense official agreed.

"That was not a ballistic missile," the official, who asked not to be named, told AFP Monday.

The official added there was no "imminent" threat of an SLBM arsenal coming on line in North Korea, although the country is developing such a capability.

On Saturday, Pyongyang's state-controlled Rodong Sinmun and Korean Central News Agency reported that a ballistic missile, dubbed "KN-11," "soared into the sky" from a submarine as its leader Kim Jong-un looked on.

According to the Ministry of Defense in Seoul, the isolationist state is believed to have succeeded in test-firing an SLBM for the first time over the weekend.

Military officials here speculated such a launch was more of a test for an ejection rather than firing. They pointed out the missile is assumed to have only travelled about 100 meters after it left the water.

In his VOA interview, Bermudez said the deployment of an SLBM requires a cycle of steps in advance — research, test, development and evaluation.

He also said North Korea does not have a 3,000-ton submarine, which military analysts say is crucial to mount an SLBM and operate in deep sea before attacking targets on land.

Bruce Bennett, senior defense analyst at the U.S. RAND Corporation think tank, had a similar view.

"Given the small size of North Korean submarines and the state of their missile technology, I suspect this missile will not have enough payload to carry a nuclear warhead, and may have only a few hundred kilometers' range," he said.

"A true North Korean SLBM with land-attack capabilities would be a serious new threat. But, so far, I believe that we only have North Korean statements and pictures describing these missiles. And North Korea often seriously exaggerates its military capabilities," Bennett added.

yis...@koreatimes.co.kr,

 

 

UN head to visit Korea next week

By Yi Whan-woo

U.N. Secretary General Ban Ki-moon will visit Korea from May 18-22 for the opening ceremony of the World Education Forum (WEF) in Songdo, Incheon, on May 19, the Ministry of Foreign Affairs said Monday.

The U.N. Educational, Scientific and Cultural Organization (UNESCO) and Seoul's Ministry of Education will co-host the WEF, which is expected to attract more than 2,000 officials from governments, international organizations and non-governmental groups. The forum will run through May 22.

Ban also will meet President Park Geun-hye, National Assembly Speaker Chung Ui-hwa and Foreign Minister Yun Byung-se, to discuss various topics, including security on the Korean Peninsula, according to the ministry.

His visit will take place amid lingering speculation that he will run for the 2017 presidency, despite repeated denials.

Ban, a Korean national, was foreign minister from 2004 to November 2006.

He took over the U.N.'s top post in December 2006.

 

 

 

 

Park holds meeting on N. Korea's missile test

President Park Geun-hye held a rare meeting of top security officials Tuesday to discuss North Korea's recent test-firing of a submarine-launched ballistic missile (SLBM), a South Korean official said.

The participants included Park's security adviser, the spy chief, the defense minister, the foreign minister and South Korea's point man on North Korea, spokesman Min Kyung-wook told reporters.

Still, Min did not give any further details of the meeting.

The meeting -- the first in a year -- came three days after North Korea claimed that leader Kim Jong-un oversaw a successful underwater test-launching of a "strategic submarine ballistic missile."

The Defense Ministry described the North's SLBM launch as "very serious and worrying," and urged Pyongyang to cease the development of such missiles. (Yonhap)

 

 

 

 

 

Park holds meeting on N. Korea's missile test

President Park Geun-hye held a rare meeting of top security officials Tuesday to discuss North Korea's recent test-firing of a submarine-launched ballistic missile (SLBM), a South Korean official said.

The participants included Park's security adviser, the spy chief, the defense minister, the foreign minister and South Korea's point man on North Korea, spokesman Min Kyung-wook told reporters.

Still, Min did not give any further details of the meeting.

The meeting -- the first in a year -- came three days after North Korea claimed that leader Kim Jong-un oversaw a successful underwater test-launching of a "strategic submarine ballistic missile."

The Defense Ministry described the North's SLBM launch as "very serious and worrying," and urged Pyongyang to cease the development of such missiles. (Yonhap)

 

Global food show kicks off in S. Korea

A global food exhibition kicked off in South Korea on Monday, bringing almost 1,500 companies around the globe to the annual event, organizers said.

Seoul Food 2015 began its four-day run at the Korea International Exhibition Center in Ilsan, north of Seoul, with a record 1,480 companies from 44 countries taking part, according to the Korea Trade-Investment Promotion Agency.

Under this year's theme, "Wave on the Table," organizers will hold special sessions, such as a halal food seminar and a cooking contest. One-on-one consulting sessions for exporters will also be provided on the sidelines of the event.

Organizers, meanwhile, said some 200 Chinese companies take part in this year's event on hopes the free trade pact between Seoul and Beijing will boost bilateral trade.

The Korea-China FTA was initialed in February, about three months after the countries declared a conclusion of their negotiations that began in May 2012. The countries plan to officially sign the bilateral trade pact within the first half of the year for possible implementation before the year's end.

In 2014, some 52,000 people visited the annual exhibition. More than 1,300 companies took part, inking export deals worth US$60 million, according to the organizers. (Yonhap)

 

 

 

 

Doctor to transplant human head

Sergio Canavero

 

An Italian neurosurgeon plans to carry out the world's first human head transplant.

Sergio Canavero will use the head of Valery Spiridonov, 30, a Russian computer programmer who volunteered for the experiment.

Spiridonov has Werdnig-Hoffman disease, a degenerative genetic condition that affects nerves and muscles. He has not walked since he was one year old.

Canavero, from Molinette Hospital in Turin, Italy, will use the body of a brain-dead donor. Canavero plans to cool Spiridonov's head and the donor body to control cell damage from oxygen loss and fuse the spinal cord with a process called GEMINI spinal cord fusion. This process uses polyethylene glycol and electrical stimulation to fuse the spinal cord.

In February, Canavero published a study called "The ‘Gemini' Spinal Cord Fusion Protocol" online on the Surgical Neurology International in February.

Valery Spiridonov

The study is grabbing the attention of medical experts around the globe as well as media outlets.

Canavero will give a keynote address on head transplants at the American Academy of Neurological and Orthopedic Surgeons meeting in Annapolis, in the U.S. in June.

The first head transplant experiment dates back to 1908, when Charles Guthrie grafted a dog's head on to another dog's neck. Arteries were first connected between the decapitated head and the neck. There was no blood flow in the head for about 20 minutes. The head regained only minimal movement.

In 1970, the head of a rhesus monkey was transplanted to another monkey's body. Without connecting the spinal cord, the monkey could see, hear and taste. It reportedly lived for several days.

Most recently in 2014, Xiao-Ping Ren and colleagues in China swapped the heads of a white mouse and a black mouse. The mice lived for about three hours after being removed from a ventilator.

 

 

 

Poroshenko violates Minsk deal vowing to recapture Donetsk Airport - Kremlin

Published time: May 12, 2015 12:54

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The Ukrainian president's decision to reclaim Donetsk Airport, a key strategic point in the conflict in the country's east, are in violation of the Minsk peace deal, says the Kremlin.

Petro Poroshenko vowed on Monday to take the airport back: "I have no doubt - we will free the airport, because it is our land. And we will rebuild the airport." He also promised to erect a monument to the "cyborgs," which has become a common nickname for the Ukrainian soldiers that fought against the forces of the self-proclaimed eastern republics for control of Donetsk Airport.

Poroshenko spoke at the premier of the documentary "Airport", which was dedicated to the siege.

When asked if he thinks such words violate the Minsk peace deal, the Russian president's press secretary said they do: "Of course, they are a violation. In fact, we have repeatedly said that Ukraine is not complying with the Minsk agreement."

Read more‘No people there, only terrorists’: Pro-Kiev governor eyes cutting road transport with rebel areas

The Minsk deal is a peace roadmap for Kiev and the self-proclaimed republics in eastern Ukraine. Brokered by Russia, Germany and France, it was signed in the Belarusian capital in February. It aims to implement the peace process agreed upon in the September 2014 talks, also in Minsk. Since February's agreement was signed, the violence in the East has reduced, but both Kiev and the secessionists blame each other for violating the truce regularly.

As part of the Minsk deal, the sides agreed to move heavy weapons away from a demarcation line drawn across eastern Ukraine. The self-proclaimed Donetsk Republic says this leaves the airport in its territory. Its representative to Minsk Denis Pushilin says Poroshenko's vow to reclaim the airport is a call to arms: "This is a direct violation of the Minsk agreements and a call to military action. We ask that the guarantor nations pay attention to these statements."

READ MORE: Putin: Russia can influence E. Ukraine, but it's up to Kiev to solve crisis

Donetsk Airport has been one of the hottest flashpoints in the conflict in eastern Ukraine for about eight months. In January, Kiev admitted its forces completely surrendered the airport.

During the lengthy siege the airport was reduced to rubble. The casualty count is impossible to verify, with the two sides giving vastly different numbers, both saying they had lost dozens while claiming the opponent had lost hundreds.

 

 

 

Brotherly love: Jeb Bush says he would've invaded Iraq too

Published time: May 12, 2015 03:36
Edited time: May 12, 2015 05:17

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Former Florida Governor Jeb Bush (Reuters / Brian Snyder)

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Election, Iraq, Politics, USA, War

Former Florida Gov. Jeb Bush said that he would have authorized the 2003 invasion of Iraq even if he knew then what he knows now, the potential presidential contender said in an interview with Fox News.

The comment was made after Fox News host Megyn Kelly asked Bush if he would have still authorized the war “knowing what we know now.”

“I would have, and so would have Hillary Clinton, just to remind everybody. And so would almost everybody that was confronted with the intelligence they got,” Bush responded.

“You don’t think it was a mistake?” Kelly asked afterwards.

At this point, Bush acknowledged that the invasion was based on “faulty” intelligence but did not back down from his initial answer.

“In retrospect, the intelligence that everybody saw – that the world saw, not just the United States – was faulty,” he said. “In retrospect, once we invaded and took out Saddam Hussein, we didn’t focus on security first. The Iraqis, in this incredibly insecure environment, turned on the United States military because there was no security for themselves and their family.”

“By the way, guess who thinks that those mistakes took place as well? George W. Bush. So just for the news flash to the world, if they’re trying to find places where there’s big space between me and my brother, this might not be one of those.”

The fact that Bush claimed little daylight between him and the 43rd president, however, triggered all sorts of criticism online, from liberals and conservatives alike. The remarks were also seen as damaging to any presidential campaign for Jeb Bush, who has not officially entered the race, because many believe the former governor needs to distance himself from George W. Bush in order to gain traction with the general population.

Notably, George W. Bush himself has called the intelligence he received “false,” not just faulty, reported Byron York of the Washington Examiner.

“The reality was that I had sent American troops into combat based in large part on intelligence that proved false,” George W. Bush wrote in his memoir, titled “Decision Points." Bush added that the fact that there were no weapons of mass destruction found in Iraq dealt a “massive blow” to his credibility.

York also criticized Jeb Bush for arguing that Clinton and others would have authorized the war regardless of whether or not they knew Iraq had WMDs.

Meanwhile, Democrats were quick to jump on Bush’s comments, with the Democratic National Committee posting a critical advertisement comparing the Florida governor to his brother.

Bush’s Iraq comment was the second time in less than a week that he made a controversial comment regarding the Middle East. Last week, he called George W. Bush one of his top advisers on US-Israel relations.

Earlier this year, Bush seemed to put some distance between himself and his brother and father, both of whom were elected president.

“I recognize that as a result, my views will often be held up in comparison to theirs - sometimes in contrast to theirs,” he said in February. “I love my father and my brother. I admire their service to the nation and the difficult decisions they had to make. But I am my own man - and my views are shaped by my own thinking and own experiences.”

 

 

Topping 1 WTC: New skyscraper to become NYC’s tallest at 1,795 feet

Published time: May 12, 2015 11:04

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The New York skyline is set to become even taller. The planned Nordstrom Tower received a height boost, which at 1,795 feet (547 meters), will make it not just the tallest building in Manhattan, but also in the whole of the Western hemisphere.

Once completed, the Nordstrom Tower was due to be just a foot shorter than the One World Trade Center (1 WTC), which sent the designers back to their drawing boards to come up with a way to surpass it. They added an extra 19 feet (5.7 meters) to the spire, which will set a new record when the skyscraper is scheduled to be completed in 2018.

The tower has been commissioned by Extell, who have been keeping their design plans under wraps. It was reported by the New York Yimby, which describes itself as the “go-to resource for cutting-edge information on new development in New York City,” that the 19-foot extension was given the go-ahead between April and June 2014.

Architects Adrian Smith and Gordon Gill are involved in the project and they are accustomed to building some of the world’s tallest buildings. The duo can lay claim to helping to construct the highest skyscraper on the planet, the Burj Khalifa. The height of the tower in Dubai, which stands at a massive 2,717 feet (828 meters), was kept a secret until it was eventually finished.

The eventual height of the Kingdom Tower, which is under construction in Saudi Arabia, is still unknown. When complete, it is believed it will have a height of 3,284 feet (1001 meters), which would make it the first building in the world to be over one kilometer tall.

The new Nordstrom Tower will be built on 57th Street’s “Billionaires’ Row,” and the building will also include a seven-story Nordstrom department store.

The tower is one of a number of massive skyscrapers that are slated to be built south of Central Park. Opponents of the projects say the new tower blocks will cause shadows to be cast over the park.

 

 

US Defense Dept. spent $5.4mn taxpayer dollars to buy NFL game ads

Published time: May 12, 2015 02:53
Edited time: May 12, 2015 05:18

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Despite cuts to military spending enforced by Congress and the president, the Defense Department paid $5.4 million in taxpayer dollars, over a three-year period, to 14 NFL teams on ad campaigns promoting the military, reported the New Jersey Advance.

From 2011 to 2014, the Department of Defense paid $5.4 million to NFL teams for salutes to the military and other advertising, with $5.3 million coming from the National Guard, according to federal contracts.

Read more‘Compromised & gone’: Pentagon lost $500mn of weapons, equipment in Yemen

The majority of the money under “advertising and marketing,” according to NJ Advance, was spent by the Army and National Guard and, in 2014, included the following payments: the Atlanta Falcons received $114,500, the Buffalo Bills $150,000, the Green Bay Packers $50,000, the Indianapolis Colts $200,000, the New York Jets $115,000, the Pittsburgh Steelers $27,000 from the Air Force, and St. Louis Rams $60,000.

The revelation first surfaced during Arizona Sen. Jeff Flake’s "weekly roasting of egregious federal spending” and his #PorkChop campaign, which last week “roasted” the New Jersey Army National Guard for spending roughly $100,000 dollars on advertising segments at a Jets home game.

“Between $97,500 and $115,000 [went] to the NFL’s New York Jets for ‘advertising and promotion’ that fans may have assumed were genuine gestures to thank and recognize soldiers,” said Sen. Flake on his website.

Flake said the money went towards featuring pictures of New Jersey Army National Guard (NJANG) soldiers as Home Town Heroes. Their pictures were displayed, their names were announced by loud speaker, and tickets for them and their friends or family were granted from the club room.

Read morePentagon’s ‘Force of the Future’ drive could ease job recruitment standards

Another 10 soldiers attended the kickoff lunch in New York City, with their pictures taken with the team and then used for recruiting and retention purposes by the Guard. Another project involved Jets players and soldiers building or refurbishing a new playground or existing park, again for recruiting or retention purposes.

Flake said most in the general public believe the segments were heartfelt salutes by their hometown football team, not an advertising campaign paid for with their money. The Guard defended the arrangement as an effective recruitment tool for the force, while the Jets pointed out numerous other ways in which they support the military.

The items were listed under a Statement of Work as “advertising and marketing” between the NFL and NJANG. After an initial conversation between Flake’s office and the NJANG, the Guard stopped returning his calls.

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US domestic & transatlantic flights vulnerable to terrorists – former CIA #2

Published time: May 12, 2015 10:41
Edited time: May 12, 2015 11:19

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Al-Qaeda terrorists could attack an American flight any time, the former CIA deputy director confesses in a new book. Michael Morrell also said that if they aren’t dealt with, the Islamic State is likely to stage another 9/11 attack.

The Al-Qaeda in the Arabian Peninsula (AQAP) and its notorious chief bomb maker, Ibrahim al-Asiri remain probably the biggest threat to the US, claims the retired number two at the CIA, Michael Morrell, in a new book: The Great War of Our Time: the CIA's Fight Against Terrorism from Al-Qaida to ISIS.

The Yemen-based AQAP, an offshoot of Al-Qaeda, has enough resources to crash a passenger jet, Morrell said.

“To put it bluntly, I wouldn’t be surprised if Al-Qaeda in the Arabian Peninsula tomorrow brought down a US airliner traveling from London to New York or from New York to Los Angeles or anywhere else in the United States,” the Telegraph cites Morrell’s book.

The US hasn’t been exactly effective so far in dealing with another terrorist entity, the Islamic State, Morell said, because “it's very hard to do.”

“If we don't get ISIS under control, we're going to see that kind of attack,” the kind of attack Al-Qaeda launched on 9/11, Morell told USA TODAY.

The former CIA executive served during the most tragic terror events of the last two decades: both 9/11 attacks on American soil and the London bombings on July 7, 2005. Morrell used to be the CIA's chief liaison with British intelligence (2003-2006).

He considers AQAP’s explosives expert al-Asiri, the man who once turned his own brother into a walking bomb and attempted to bring down a flight to Detroit on Christmas Day 2009, a primary menace to international air travel.

“He may well be the most dangerous terrorist alive today,” Mr Morrell said. “He is a master at his craft and he is evil.”

When in 2003 both American and British intelligence began to receive information about a "fiendishly clever" plot to attack British Airways flights, he faced “a classic ethical problem”: should he advise family friends against taking London flights? But opted not to, Morrell wrote.

On the day of London terror acts in 2005, Morrell was in the UK capital meeting with British intelligence. Though threats about more bus bombs were coming in all day long, the Britons Morrell talked to went home on the bus as usual, something that made a deep impression on Morrell.

“What struck me when I boarded was how absolutely normal all the passengers were acting,” he said. "This was the legendary British 'Keep Calm and Carry On' attitude at work - borne of surviving the Blitz by Hitler and hundreds of IRA bombings over the years."

Michael Morrell took part in the hunt for Osama Bin Laden and used to attend the “Mickey Mouse meetings”, the secret gathering in the White House, which discussed capturing “Terrorist #1”. When President George W. Bush was advised to negotiate with Al-Qaeda and get them to hand Bin Laden over, he reportedly replied “F*** diplomacy. We are going to war.”

 

 

 

 

Have police departments across the US declared war on black people?

 

John Wight is a writer and commentator specializing in geopolitics, UK domestic politics, culture and sport.

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Published time: May 05, 2015 17:02

 

This is the claim being made by Ferguson Action, a grassroots campaign formed in the wake of the death of Michael Brown in Ferguson, Missouri in August 2014.

Organizers from the group declared recently that, “The war on Black people in Baltimore is the same war on Black people across America. Decades of poverty, unemployment, under-funded schools and police terrorism have reached a boiling point in Baltimore and cities around the country."

The scenes of civil unrest in Baltimore over the death of Freddie Gray – the latest in an alarming number of young black man to end up dead at the hands of the police or while in police custody – broke with a recent pattern of non-violent protest and attempts to gain justice and redress through the system. Despite six of the cops involved in the Freddie Gray case being charged with Gray’s homicide, it remains to be seen whether the unrest in Baltimore is a one-off event or a deepening of a developing crisis that appears to have no end in sight.

Read moreFreddie Gray arrest warrants misidentify 2 officers

According to figures compiled by the Free Thought Project – a US justice advocacy group – 136 people had been killed by the police across the country. It’s a figure that makes sober reading when we break it down into one victim every eight hours, or three per day. No other industrialized nation compares in this regard, highlighting the extent to which social cohesion in a country that extends itself in lecturing other nations around the world on human rights is near non-existent.

That said, those included in the aforementioned number of victims of police violence are not only black people, and it is a fact that more white people have been killed by the police than black, until of course we break that statistic down to factor in the proportion of black victims from the population as a whole.

It would be a mistake to put this crisis down to a few rogue and racist cops. It runs much deeper than that, exposing the ugly truth of a society that operates according to the maxim of all against all. In other words, the culture of racism and brutality that pervades increasingly militarized police departments is a symptom of the foundation of injustice upon which the nation and its institutions rest. Rather than the land of the free, the United States of America is the land of cruelty and barbarity, a corporate dictatorship under which the poor and dispossessed are locked out of society, denied healthcare, housing, education, and life chances compatible with a humane system of government and economy.

Homeless U.S. army Vietnam War veteran Frank Victor, 63, smokes a cigarette on skid row in Los Angeles on Veterans Day, California (Reuters/Lucy Nicholson)

The corollary to this is a male prison population of over two million that is disproportionately black, making the US, a country that makes up just 5 percent of the entire world's population, home to a quarter of the entire world’s prison population. This in itself is a withering indictment of a nation that extends itself in claiming exceptionalism based on its self-appointed status as the land of the free. This view is based on a belief that the majority of crimes are a product of poverty, alienation, and social exclusion. The black American novelist, Ralph Ellison, in his most famous novel – ‘Invisible Man’ – opines that, “Crime is an act of unconscious rebellion.”

In the US in 2015 there is much to rebel about.

I saw it for myself during a recent visit to Los Angeles, a city where the sheer number of homeless human beings is simply staggering. Everywhere I went I came across them shuffling up and down the street mumbling to themselves, carrying their earthly belongings in plastic bags or, if they’re lucky, pushing them in a shopping kart.

Read moreFreddie Gray's death puts spotlight on Baltimore's inequality (VIDEO)

This huge colony of homeless people exists in the entertainment capital of the world, home to Hollywood, where the mythology of the American dream projects the lie that poverty and social exclusion are products of individual failure rather than systemic failure, while material wealth and success is a measure of human worth and moral rectitude. It is of course a lie, one that has succeeded in acting as a smokescreen to conceal the widening and deepening cracks in the nation's foundations.

Those suffering under the weight of this system should not expect to receive any succor from Washington anytime soon.

On the contrary, here resides a political culture and political class slavishly devoted to the rights, interests, and advancement of corporations and their very rich executives, shareholders, and investors – i.e. the rich. The by-product of this culture has been the normalization of social and economic injustice, which as mentioned is the foundation of a foreign policy of war, military intervention, and the blithe disregard for international law and national sovereignty as and when those aforementioned corporate interests dictate.

Some may question the validity of linking US foreign policy to the state of its society at home, but they'd be wrong. Both are inextricably linked, forging a circular relationship of injustice, violence, leading inexorably to atomization and crises. Malcolm X put it best when he said, “You can’t understand what’s going on in Mississippi if you don’t understand what’s going on in the Congo.”

In the US class and race constitute two sides of the same coin. Black people make up around 13 percent of the population, which translates to just over 30 million people, the majority of whom can trace their roots in the country to slavery, with the argument gaining traction that the plantation still exists for young black males today in the shape of a vast network of Federal and State correctional facilities.

No justice, no peace and black lives matter are the clarion calls of a movement that has emerged in response to a wave of violence committed by police departments viewed increasingly as forces of occupation rather than law and order.

Who will guard the guardians?

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NATO saber rattling: ‘When you need militarism, you invent threats to legitimize policy, budgets’

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Published time: May 06, 2015 11:41

 

NATO’s anti-Russia rhetoric and troop build-up is not all about Ukraine, but rather an attempt to legitimize its militarism - policies and increasing budgets, says Jan Oberg, director at the Transnational Foundation for Peace and Future Research.

RT:General Breedlove expanded on his statement regarding alleged Russia aggression saying that Putin wants “the West out of Ukraine, and he wants Ukraine out of the West.” Do you think this saber rattling is all about Ukraine?

Read more‘Unprecedented & dangerous step’: Russia slams NATO troop build-up

Jan Oberg: No, the narrative, the longer perspective, if anybody remembers history any more, and the West’s expansion of NATO since the end of the Cold War, which was to break the rules and the promises that were given by Western leaders to President Gorbachev that that would never happen. Now we are kind of facing the wall. Ukraine should not have been touched by the West in this way.

So, the other thing of course is militarism. Most people think that you first define a threat and then you define what military you need. It’s the other way around: if you need militarism, if you want to expand things, you invent a threat to legitimize your military policies and your budgets, which are all increasing in this particular part of the world. And of course this man is - I should refrain from joking about his name, but he’s not exactly breeding love, he’s more of a Dr. Strangelove type of personality - he is like a man who is given a scalpel to perform surgery, but he has no idea about medicine.

A Mi-17 helicopter lands during the "Noble Sword-14" NATO international tactical exercise at the land forces training centre in Oleszno, near Drawsko Pomorskie, northwest Poland. (Reuters/Kacper Pempel)

RT: You mentioned the budgets there, how feasible is it? European countries are being asked to increase their military budgets and Poland is certainly asking for that to happen. But given the state of the European economy, is that actually feasible for many countries?

JO: To me it’s not a matter of feasibility. It’s a matter of looking at a Europe that does not have money and determination and morals to take care of boat refugees, in which many countries are cutting down their social spending, in which we have lots of inequality,… in which we have huge poverty, and these little elites who have never been given a democratic mandate to a plan war or have nuclear weapons. There’s never been a referendum among tax payers and citizens to do so. This is something that is out of hand. None of us - Russia, the US, China, whatever - we shouldn’t spend this much money on military in a world in which there are huge needs for something else and where we ought to talk instead of threaten each other. This is an absurd world that these guys have so much available. $1,800 billion a year are spent worldwide on the military; everything the UN does is about 30. In such a world there is no democracy.

RT: Do you fear for peace in the east of Europe?

JO: Of course I do. Because [there could be some person] in some situation who can’t foresee what the consequences or reactions he will get from the other side, a person who lacks of empathy, and who lacks a sense of conflict resolution, reconciliation, and management of tension. I’m not saying they intend to do so, but I’m saying human mistakes, human miscalculations take place and with the enormous amounts of weapons available including nuclear weapons – this could mean the end of all of us at some point. Nobody should have this power, nobody should have all these weapons in a tension situation... - there is no military solution to all these problems with Ukraine, ISIS, or whatever. Why are we having all these weapons if they are not the solution?... General Breedlove has no idea about conflict resolution, reconciliation, disarmament, or security, not to speak of peace.

 

 

 

 

Future Russian army could deploy anywhere in the world – in 7 hours

Published time: March 19, 2015 11:56
Edited time: March 20, 2015 07:58

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Artist concept of future Russian Special Purpose Aircraft (Concept: Aleksey Komarov, Customer and Technical Manager: Volga-Dnepr Group)

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In the future, a fleet of heavy transport aircraft will reportedly be capable of moving a strategic unit of 400 Armata tanks, with ammunition, to anywhere in the world. And probably at hypersonic speed, enabling Russia to mount a global military response.

According to a new design specification from the Military-Industrial Commission in Moscow, a transport aircraft, dubbed PAK TA, will fly at supersonic speeds (up to 2,000 km/h) and will boast an impressively high payload of up to 200 tons. It will also have a range of at least 7,000 kilometers.

The PAK TA program envisages 80 new cargo aircraft to be built by 2024. This means in a decade Russia’s Central Command will be able to place a battle-ready armored army anywhere, Expert Online reports, citing a source in the military who attended the closed meeting.

Artwork: Aleksey Komarov

One of the main tasks of the new PAK TA is to transport Armata heavy missile tanks and other military hardware on the same platform, such as enhanced self-propelled artillery weapons systems, anti-aircraft missile complexes, tactical missile carriers, multiple launch missile systems, and anti-tank missile fighting vehicles.

The PAK TA freighters will be multilevel, with automated cargo loading and have the capability to airdrop hardware and personnel on any terrain.

Diplom - Alexey Komarov from Alexey Komarov on Vimeo.

A fleet of several dozen PAK TA air freighters will be able to lift 400 Armata heavy tanks, or 900 light armored vehicles, such as Sprut-SD airborne amphibious self-propelled tank destroyers.

READ MORE: Russia’s new Armata tank on Army 2015 shopping list

Russia's T-14 Armata Main Battle Tank. (A still from Youtube video by arronlee33)

“With the development of a network of military bases in the Middle East, Latin America and Southeast Asia, which is expected to be completed during the same time period (by 2024), it’s obvious that Russia is preparing for a full-scale military confrontation of transcontinental scale,” Expert Online says.

A source who attended the closed meeting of the Military-Industrial Commission told the media outlet on condition of anonymity that he was “shocked” by the demands of the military.

Sprut-SD airborne amphibious self-propelled tank destroyer. (RIA Novosti / Vjacheslav Afonin)

According to the source, the PAK TA project has been ongoing for several years now and will eventually supplant the currently operating air freighters. But such a global mission statement for national military transport aviation has never been voiced before.

“It means for the first time we have the objective of creating an operational capability to airlift a full-fledged army to any desired place on the planet,” the source said. This means delivering a task force the size of the former NATO and the US troops in Iraq, in a matter of hours to any continent. “In the context of the current military doctrine that defies comprehension,” the source said.

READ MORE: Putin: Talking to Russia from position of strength is meaningless

Artwork: Aleksey Komarov

The initial PAK TA specification entailed building subsonic air freighters with a conventional 900 km/h cruising speed and a moderate 4,500-kilometer range.

The program involves the creation of wide-body freighters, with payloads varying from 80 to 200 tons, to replace all existing Ilyushin and Antonov cargo aircraft.

The only operating aircraft with a comparable payload is the Antonov An-225 Mriya (up to 250 tons), but this is a one-off aircraft created specially for the Soviet Buran space shuttle program.

Artwork: Aleksey Komarov

Last year, it was reported that future military air freighters will be developed by the Ilyushin Aviation Complex, with some experts saying the company may base designs on the Il-106 cargo plane (80 tons) project that won a government tender in the late 1980s, but was abandoned after the collapse of the Soviet Union.

Now, with ambitious specifications and objectives, the PAK TA is a truly next-generation transport aircraft.

READ MORE: Russia to deploy fifth-gen fighters, S-500 missiles in 2016

 

 

 

Nuclear option’: Cameron uses ‘opt-out’ to fight EU’s refugee sharing plan

Published time: May 12, 2015 12:31

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Reuters/Marina Militare

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EU, Human rights, Immigration, Law, UK

Prime Minister David Cameron has invoked a rarely used opt-out to European Union (EU) asylum policy in Britain’s fight against a proposal to evenly distribute refugees across member states.

Plans by Brussels to compel EU member states, including Britain, to take in tens of thousands of refugees rescued from the Mediterranean Sea were immediately opposed by the UK Home Office.

The prime minister’s decision to use an 18-year-old opt-out, dubbed the ‘nuclear option,’ signals the hard line his government will take towards the EU over the next five years.

Cameron has touted his election victory as a “mandate” from the public to renegotiate Britain’s relationship with Europe.

The UK struggled to mobilize a blocking minority among the EU’s 28 members on Monday, meaning it was likely Britain would lose a vote at a meeting to discuss the mandatory quota system next month.

Under the quota system, the “mass influxes” of non-EU migrants would be shared among all EU member states during times of “emergency.”

Some 219,000 people arrived in Europe via the Mediterranean Sea last year, 3,500 of whom died or went missing in the process.

In the first four months of this year alone, 46,000 Mediterranean migrants arrived in Europe and more than 1,750 died or went missing.

Some 800 people died in one day, on Sunday April 19, in one of the worst disasters yet involving migrants being smuggled to Europe.

Archbishop of Canterbury Justin Welby, head of the Church of England, called on European countries to “share the burden” of migration following the shipwreck.

“We can’t say this is one country’s responsibility, the one nearest, that’s not right,” he told the BBC.

“Of course, we have to be aware of the impact of immigration in our own communities, but when people are drowning in the Mediterranean, the need, the misery that has driven them out of their own countries is so extreme, so appalling that Europe as a whole must rise up and seek to do what’s right,” Welby added.

Labour, which supports the refugee quota system, has attacked Cameron’s tough stance on receiving migrants.

Read more​Home rule for Britain? Tory backbenchers pressure Cameron on Brexit referendum

Read moreBritain rejects EU proposal to evenly distribute 20k Mediterranean migrants

Read moreAfrican boy smuggled to Spain… in suitcase (PHOTOS)

“There is low political support for responsibility sharing of refugees, yet such a policy is critical and urgent for the EU,” said Claude Moraes, a Labour MEP and chairman of the European Parliament’s home affairs committee.

Cameron will be emboldened by skeptical attitudes expressed by his European counterparts towards the plan.

Similar proposals drawn up in the past by the European Commission were rejected by the British, and a number of EU states have expressed hostility towards the scheme, including the Netherlands, Denmark, Estonia, Slovakia and Hungary.

Germany is an outspoken advocate of the scheme, as the country receives the most asylum applications in Europe – 200,000 last year alone.

The Mediterranean states of Greece, Italy and Malta are also in favor of refugee sharing.

Speaking to the Times, a diplomat said invoking the ‘nuclear option,’ negotiated by former PM Tony Blair in 1997, could lead to the breakdown of Europe’s refugee system over the next year.

While Britain has used the opt-out in the past, it is unprecedented for a UK prime minister to announce his decision to invoke it before the EU commission has tabled legislation.

Cameron’s gambit is a show of strength from a newly elected Tory government.

The prime minister was greeted with cheers when he told Conservative MPs in the House of Commons on Monday that he will fight to “get a better deal” in Europe.

He vowed to “renew” Britain’s relationship with Brussels and repeated his promise of a referendum on the country’s EU membership before the end of 2017.

Cameron faces a rebellion from up to 60 hardline Euroskeptic MPs in his party if he fails to secure concessions from Europe.

With the fervently anti-EU UK Independence Party (UKIP) having won 12.1 percent of the popular vote in the last election, the prime minister will need to appear victorious against Brussels if he is to avoid mass defections from his party.

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Nuclear option’: Cameron uses ‘opt-out’ to fight EU’s refugee sharing plan

Published time: May 12, 2015 12:31

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Reuters/Marina Militare

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Tags

EU, Human rights, Immigration, Law, UK

Prime Minister David Cameron has invoked a rarely used opt-out to European Union (EU) asylum policy in Britain’s fight against a proposal to evenly distribute refugees across member states.

Plans by Brussels to compel EU member states, including Britain, to take in tens of thousands of refugees rescued from the Mediterranean Sea were immediately opposed by the UK Home Office.

The prime minister’s decision to use an 18-year-old opt-out, dubbed the ‘nuclear option,’ signals the hard line his government will take towards the EU over the next five years.

Cameron has touted his election victory as a “mandate” from the public to renegotiate Britain’s relationship with Europe.

The UK struggled to mobilize a blocking minority among the EU’s 28 members on Monday, meaning it was likely Britain would lose a vote at a meeting to discuss the mandatory quota system next month.

Under the quota system, the “mass influxes” of non-EU migrants would be shared among all EU member states during times of “emergency.”

Some 219,000 people arrived in Europe via the Mediterranean Sea last year, 3,500 of whom died or went missing in the process.

In the first four months of this year alone, 46,000 Mediterranean migrants arrived in Europe and more than 1,750 died or went missing.

Some 800 people died in one day, on Sunday April 19, in one of the worst disasters yet involving migrants being smuggled to Europe.

Archbishop of Canterbury Justin Welby, head of the Church of England, called on European countries to “share the burden” of migration following the shipwreck.

“We can’t say this is one country’s responsibility, the one nearest, that’s not right,” he told the BBC.

“Of course, we have to be aware of the impact of immigration in our own communities, but when people are drowning in the Mediterranean, the need, the misery that has driven them out of their own countries is so extreme, so appalling that Europe as a whole must rise up and seek to do what’s right,” Welby added.

Labour, which supports the refugee quota system, has attacked Cameron’s tough stance on receiving migrants.

Read more​Home rule for Britain? Tory backbenchers pressure Cameron on Brexit referendum

Read moreBritain rejects EU proposal to evenly distribute 20k Mediterranean migrants

Read moreAfrican boy smuggled to Spain… in suitcase (PHOTOS)

“There is low political support for responsibility sharing of refugees, yet such a policy is critical and urgent for the EU,” said Claude Moraes, a Labour MEP and chairman of the European Parliament’s home affairs committee.

Cameron will be emboldened by skeptical attitudes expressed by his European counterparts towards the plan.

Similar proposals drawn up in the past by the European Commission were rejected by the British, and a number of EU states have expressed hostility towards the scheme, including the Netherlands, Denmark, Estonia, Slovakia and Hungary.

Germany is an outspoken advocate of the scheme, as the country receives the most asylum applications in Europe – 200,000 last year alone.

The Mediterranean states of Greece, Italy and Malta are also in favor of refugee sharing.

Speaking to the Times, a diplomat said invoking the ‘nuclear option,’ negotiated by former PM Tony Blair in 1997, could lead to the breakdown of Europe’s refugee system over the next year.

While Britain has used the opt-out in the past, it is unprecedented for a UK prime minister to announce his decision to invoke it before the EU commission has tabled legislation.

Cameron’s gambit is a show of strength from a newly elected Tory government.

The prime minister was greeted with cheers when he told Conservative MPs in the House of Commons on Monday that he will fight to “get a better deal” in Europe.

He vowed to “renew” Britain’s relationship with Brussels and repeated his promise of a referendum on the country’s EU membership before the end of 2017.

Cameron faces a rebellion from up to 60 hardline Euroskeptic MPs in his party if he fails to secure concessions from Europe.

With the fervently anti-EU UK Independence Party (UKIP) having won 12.1 percent of the popular vote in the last election, the prime minister will need to appear victorious against Brussels if he is to avoid mass defections from his party.

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Indonesia's Biofuels Push

New biofuel subsidies are likely to have some serious environmental implications.

By Nithin Coca

May 12, 2015

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Late last year, Indonesia made waves when it reduced petroleum fuel subsidies. At the end of next month, another major shift will take place as the country implements biofuel subsidies of 4,000 rp/liter (30 cents), paid for by a $50/barrel levy on crude palm oil (CPO) exports.

The biofuels will be chiefly made from palm oil, of which Indonesia is the world’s largest producer and exporter. Currently, 10 million hectares are under cultivation, producing 30 million barrels of CPO a year, destined for China, India and Europe, with just a small percentage used domestically. Under this plan, the incentives for domestic consumption would increase substantially, timed to a moment when global prices are denting palm oil returns.

“Indonesia overplanted [palm oil],” said Dave McLaughlin, Vice President for Agriculture at the World Wildlife Fund. “Supply is greatly outpacing demand, and thus you have prices at a six year low right now.”

This demand only stands to drop further, as more and more countries and companies are implementing stricter deforestation and ethical standards for palm oil. Indonesia’s plans to embark on a massive push to promote domestic palm oil consumption through biofuels may more than make up for this potential drop in demand. At the same time, it could also put more of the country’s endangered forests at risk of deforestation, increasing the country’s carbon footprint while making the national economy even more dependent on a single crop.

Doubling Down

Palm oil is not native to Indonesia or to Southeast Asia, having been transported to the archipelago during colonial times from tropical West Africa, where it remains, to this day, a staple in regional cuisine. Its growth began in the 1970s, when the first OPEC oil crisis forced countries to look beyond petroleum for energy sources. Palm was, in fact, initially seen as an environmental boon, a way for the world to wean itself off of dirty fossil fuels.

Until 2000, palm oil was a relatively small player globally. That is when demand for biofuels in Europe, non-hydrogenated oils in the United States, and, especially, cooking oils in China and India drove a rapid proliferation of palm oil plantations, which ate up Indonesia’s (and neighboring Malaysia’s) tropical forests.

Palm oil’s growth was partly influenced by global demand, but it was also heavily promoted by the Indonesian government, who saw this as a large source of cash for a country then reeling from the Asian Financial Crisis.

In fact, next month’s biofuels subsidies are only the latest in what has become a vast system of aid for palm oil. According to a recent report from the London-based Overseas Development Institute (ODI) these subsidies have the effect of distorting the market by making it easier to plant palm oil and destroy forests.

“By trying to strengthen domestic palm oil industry without proper planning and determining where palm oil should be produced or not, this will create incentives for people to produce more palm oil, ultimately leading to deforestation,” said Will McFarlane, a researcher at the climate and energy program at ODI.

According to ODI, subsidies that promote deforestation, chiefly, timber harvesting and palm oil, receive Government assistance that dwarfs forest protection payments, chiefly though the REDD+ program, by a factor of 165.

This is why, today, palm oil is widely regarded as an environmental menace, and campaigns all across the world have forced companies such as Unilever, Kellogg and L’Oreal, to make declarations that their supply chains are free of deforestation. The declaration last week by Singapore-based Musim Mas meant that an astounding 96 percent of major palm oil distributors were under no-deforestation pledges.

“There is increasingly more pressure from environmental groups in sensitive markets, which is pressuring companies,” said Krystof Obidzinski, a palm oil expert with the Indonesia-based Center for International Forestry Research. “Some of these markers are becoming uncertain for CPO.”

Purely Economics

The solution? Increase domestic consumption, which currently only accounts for a small fraction of the 30 million tons of CPO produced yearly, mostly for cooking. Hence, biofuels.

The Ministry of Energy’s plans for biofuels sounds ambitious: 3.5 million tons by next year, double the 1.7 million tons produced in 2014.  But then you have to remember that Indonesia is a country of 240 million citizens, and rapidly growing energy demands. It imported 690,000 of crude oil per day last year, a number that is growing by 6.6 percent per year.

That is why, though the stated reason for the subsidies is energy security, many experts believe that biofuels will do little in the short or medium term to affect Indonesia’s energy consumption.

“No single source of energy is going to solve the problem,” said Obidzinski, who does not see biofuels, even under the most rosy projection scenarios, accounting for a major percentage of Indonesia’s energy mix in the short or medium terms.

Instead, the benefits will be mostly economic. By increasing domestic consumption of palm oil, and keeping more of Indonesia’s CPO in-country, both palm oil producers and companies gain control over the market.

“The policy…aims to protect the industry, and reduce it from external decision making,” said McFarlane. “By bringing more of the demand domestically, this gives Indonesia more control over volume and price.”

Aviva Imhof, with the Sunrise Project, believes that if Indonesia really wants to achieve energy independence, it needs to move towards renewables, which the archipelago, with its numerous sunny islands and volcanic peaks, also has aplenty.

“There is a lot that could be done. There is significant geothermal potential, which needs government support,” said Imhof. “Energy efficiency could be improved, especially in Java. Solar is untouched.” She believes that more investment into these energies could prove incredibly beneficial.

Biofuels, on the other hand, currently provide few environmental benefits, and require massive subsidies. “Even with these subsidies it is going to be very difficult to make biodiesel competitive,” said Obidzinski.

Indonesia petroleum subsidies were often criticized for promoting inefficiency and their removal last year was seen as a sign that President Joko Widodo might shift the national budget towards innovation and economic development. The decision to push forward with biofuels will, instead, just shift government funds from one inefficient industry to another, with no real impact on the country’s energy security.

Nithin Coca is a freelance writer and journalist who focuses on cultural, economic, and environmental issues in developing countries. Follow him on Twitter @excinit.

 

 

India and Asian Leadership

Sixty years ago, India was at the forefront of efforts to create a new world order. Times have changed.

By Jayshree Borah

May 08, 2015

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Sixty years ago, delegates from 29 Asian and African countries gathered in Bandung, Indonesia for a conference to decide their own futures and destinies, free of the yoke of colonialism. The aspiration of building an “intermediate camp” of national independence and neutralism to counter the “imperialist camp” of the United States and the “socialist camp” of the Soviet Union was also very much part of the motive behind the conference.

However, the tone for that 1955 conference on Afro-Asian solidarity was actually set by then Indian Prime Minister Jawaharlal Nehru almost a decade earlier. Nehru’s enthusiasm for pan-Asian cooperation found its expression in the Asian Relations Conference, convened in New Delhi in March and April 1947. This earlier conference had special significance as it created an Asian Relations Organization in New Delhi and made Nehru its president.

Nehru also recognized at that 1947 conference that Asia had a certain responsibility for the people of Africa as well. Afro-Asian cooperation was needed for the creation of a peaceful international order. Nehru’s belief in Afro-Asian cooperation later fed into the Bandung Conference of 1955. Nehru’s India was at the forefront of the conference, while China was a newly liberated country yet to be recognized by most of the countries of the world. It was Nehru who took the initiative to introduce India’s neighbor to the world, inviting Chinese Premier Zhou Enlai to the conference, despite resistance from other founding members of the conference.

Sir John Kotelawala, president of Ceylon, as Sri Lanka was then known, decided he would not follow Zhou’s speech in the subsequent discussions. This was obviously humiliating for China and for Zhou Enlai, who was attending his first international conference. Still, Nehru tried his best to defend Zhou in front of the world. With Nehru’s help, Zhou remained calm and showed no rancor towards Kotelawala. That restraint made a deep impression on the other members of the conference. Zhou’s courtesy, moderation, and reasonableness throughout the conference earned him a moniker: the “Bandung Gentleman.”

Cut to the present, and it was China who took the lead in the conference held at Jakarta and Bandung late last month, with President Xi Jinping in attendance; Indian Prime Minister Narendra Modi was absent. The Indian government’s lethargic response towards the conference was evident, as neither External Affairs Minister Sushma Swaraj nor Minister of State (External Affairs) V K Singh acknowledged Nehru in their speeches, reflecting efforts by the Indian government to delink the former prime minister from India’s past achievements. In contrast, Chinese President Xi Jinping recognized the role of Zhou Enlai. In his speech, Xi said that sixty years ago Asian and African leaders gathered to oppose colonialism and neocolonialism, with Zhou advocating “peaceful coexistence” and “seeking common ground while shelving differences.”

Although Modi visited four small Afro-Asian countries last month, the Indian government’s overall presence at regional forums is weak in comparison to China’s. Just before the Bandung Conference 2015, the 54th Annual Session of the Asian-African Legal Consultative Organization (AALCO) was held in Beijing, where the Chinese Premier Le Keqiang delivered the keynote address. Even though AALCO is headquartered in New Delhi, surprisingly no high-level government official participated. The Indian government’s continuous absence from other Asian forums such as the Boao Forum for Asia held in Hainan, China in March has also been noted. Which of course begs the question: What is India’s interest in regional affairs? New Delhi has to understand that bilateral visits only will not given India an influential position in Asia.

History Repeats

When Chinese Premier Zhou Enlai was introduced to the audience of Afro-Asian countries during the Bandung Conference of 1955, the Chinese premier seized the moment and took the conference as a platform to commence friendly relations with neighboring Asian countries. The conference was a huge success and Zhou became the national face of Chinese foreign policy. His deftness triggered a rapid expansion of diplomatic and economic relations with a number of Asian and African countries. In less than three years from Bandung, China had established relations with Nepal, Egypt, Cambodia, Sri Lanka, Pakistan and Iraq.

Nehru’s India meanwhile confronted a troubled neighborhood in the years between the periods of 1957 to 1964. Nehru, the voice of Asian cooperation, had to tackle a dispute with Pakistan over Kashmir. He also had to confront Zhou himself over Tibet and Aksai Chin, which finally led to the border war of 1962. India faced strains with other Asian countries, such as Nepal; the efforts of the Nepalese government to have the Soviets set up an embassy in Kathmandu suggested a desire to loosen ties with India, and to develop close bonds with other countries, including China.

Today, Beijing is cementing its ties with developing countries. At the Asian-African Summit in Indonesia it outlined a vision that at least rhetorically supports peace and unity. On the sidelines of the summit, Xi Jinping met with Japanese President Shinzo Abe. Although the significance of the meeting has been questioned by the international media and even though there is no synchronization between the Chinese and Japanese approaches to the unity and solidarity of Afro-Asian countries, the fact is that the leaders of China and Japan were talking for only the second time since Abe took his office. The meeting shows the willingness of both sides to repair a relationship damaged by territorial disputes and a bitter wartime legacy.

On the other hand, the summit in Jakarta became a platform for resentment between India and Pakistan, after Islamabad’s National Security and Foreign Affairs Adviser brought up the Kashmir issue. Indian Representative, Secretary (East), Anil Wadhwa refuted Sartaj Aziz’s remark on Kashmir and said that it was “most unfortunate” that an international forum was used to “make tendentious remarks about J&K, which is an integral part of India.”

Bandung and New World Order

As at Bandung 60 years ago, the rhetoric about creating a new Asia-centric world order was a catchphrase of Bandung 2015. However, the difference is that 60 years ago India was at the forefront of efforts to build that world order and now that role is very much being played by China. Nehru’s vision of India as a torchbearer of Asia has long been discarded. Although, India’s Foreign Minister Sushma Swaraj called for the reform of Bretton Woods institutions such as the IMF and World Bank and promised to build a trade route through the Indian Ocean, China is actually way ahead in creating a new economic order with Xi’s “One Belt, One Road” project. Most of the African and Asian countries that attended the summit are already closely linked to China on the economic front, through the Silk Road Economic Belt and 21st-Century Maritime Silk Road, international trade and infrastructure projects. China proposed the Asian Infrastructure Investment Bank (AIIB), which appears designed to serve as a substitute for the Bretton Woods institutions. At the end of the summit, participating countries also welcomed Xi’s initiative to provide 100,000 training positions to citizens of developing Asian and African countries over a five-year period, and to hold annual gatherings in China for youths from Asia and Africa.

It is evident that the construction of a China-centric Asian order has gained prominence and traction at the Bandung 2015 conference, with most Afro-Asian countries now appearing to believe that the One Belt, One Road initiative illustrates Chinese commitment to assisting other developing countries in sharing the fruits of its rise.

Jayshree Borah is a Research Assistant at the Institute of Chinese Studies, New Delhi. She is an M. Phil in Chinese Studies from the Department of East Asian Studies, University of Delhi. 

 

 

 

Can Capitalism Take Off in North Korea?

Flirtations with capitalism need to overcome a rigid ideology.

By Hy-sang Lee

April 14, 2015

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North Korea has experienced slowly expanding spheres of capitalism for 20 years, including the recent decentralization of farming decisions down to the family level. This incongruous but enduring development has aroused hopes in South Korea that the North’s economy will somehow develop enough to mitigate the eventual unification costs for Seoul. The Hyundai Economic Research Institute published in 2014 a forecast that had the North growing at 7 percent a year for 10 years. Also, the Foreign Economic Policy Research Institute of Seoul National University reported that if the North were to adopt either the Chinese or Vietnamese model of reform it would raise the annual growth rate to 6-7 percent.

However, Pyongyang has merely flirted with capitalism, hoping the famed “animal spirits” will help animate a sick economy and perpetuate the Kim dynasty. Having inherited capitalism along with communism of the Juche type, Kim Jong-un has been doing his best to maximize the benefits of the former, but only within the confines of the latter.

Early Appearance

Even before Pyongyang began playing with capitalist ideas, private enterprise appeared in North Korea during the historic famine of the 1990s, triggered by Biblical-scale floods that swept away numerous production sites and inundated underground grain-storages. In the ensuing years of famine from 1994 to 1998, the North Koreans began to trade their meager possessions for food in the countryside and on urban street corners. The government cleverly responded to the subsequent growth in private commerce by putting up market buildings at convenient locations and making stalls available for rent. Thus began the use of capitalism means for socialist ends. Some traders and new entrepreneurs opened restaurants, hair salons, and other upscale service outfits near the markets, or launched larger service ventures. One group of budding entrepreneurs took advantage of railway bottlenecks, buying used trucks or buses from China to offer inter-city freight or bus services. Some automobile owners even began to offer an Uber-like service.

Today, images of relatively stylish shoppers and piles of merchandise in marketplaces might suggest that commercial and service enterprises are capable of pulling North Korea’s economy onto the path of self-sustaining growth. In reality, they have only limited power to drive sustained growth in the North Korean context. Manufacturing cannot stimulate production with facilities that are largely decayed, and services can expand expenditures and GDP only insofar as there are customers who can afford them. In fact, most of the goods being sold in North Korean marketplaces are either luxury items smuggled in, or electronics, cosmetics, and other imported merchandise popular with the country’s small number of rich or middle-class consumers. The dominant product in markets is rice.

Accordingly, private commerce and service enterprises in North Korea are unlikely to be an engine of significant economic growth. To be sure, capitalism has boosted domestic production in the last 20 years. The total increase is roughly equal to the current yearly sum of profits, bribes, stall rents, and other operating expenses. Capitalism has managed to survive repeated crackdowns by hardliners, and eventually helped inspire the bureaucrats and Kim Jong-un to transplant some of its traits to agriculture and industry. That transplant has produced only modest success given ideological hurdles and poor understanding of capitalism’s other traits.

In the face of the limited locomotive power of private enterprise in the North, what would bring significant GDP growth would be factories established by the traders and service entrepreneurs who have accumulated capital (donju, a recent Korean word meaning “money owner”). Manufacturing has a multiplier effect on domestic output as workers are hired and suppliers emerge. Having money owners launch industrial plants would be the consummate capitalism play, one that would disprove the central argument of this article, if they could remain free and pay bribes merely comparable to ordinary corporate taxes (in a country that is proudly free of taxes as such). Of course, entrepreneurs would run into the same infrastructure deficiencies; the money owners’ own lack of knowledge about overseas markets and technology; and the compelling need for property rights. Has Kim Jong-un done anything to address these obstacles to North Korean industry?

Power Shortages

Kim presents his basic policy as promoting both the military and the economy in tandem. This in effect means that the military will continue to get the lion’s share of capital budgets, ensuring that the same lack of capital that explains North Korea’s infrastructural deficiencies will continue. Regarding the pervasive problem of power shortages in particular, the construction of a coal-fired power plant to supplement an old station near Pyongyang has been announced. This decision came despite the obvious shortage of coal. Also announced has been an early 2013 launch of multi-tier hydro-electric plants on the Chongchon River. The latter decision came even as the newest plants, the Huichon Hydro-Electric Stations No. 1 and No. 2, were completed in early 2012, some 35 years after construction began, albeit generating far less power than their joint capacity of 300,000 kilowatts due to shallow river flows above the dams. Hence, even if the two projects are completed without undue delays, they will be of little significance. The only sign of a determined action to break the grip of power shortages would be to build oil-based power stations, and there has been no such move.

These issues go back to the day’s of Kim’s grandfather, Kim Il-sung, who faced power shortages in 1974 when advance planning for the Second Seven-Year Plan was underway. Coal for power generation was in short supply because it was also used as industrial raw material via gasification. As to the hydroelectric alternative, the costs and time involved in building new dams at those sites still available were prohibitive, as all the most obvious locations had been built on beginning from the Japanese colonial era. The solution to this dilemma would have been to invest in oil-fired power plants able to run independently. But the older Kim ordered the construction of more hydroelectric stations anyway, stating: “Certain scientists recommended building oil-burning stations because they can be completed in less time than hydroelectric plants. That is true. But it will require importing oil not available in our country.” Building sensible power plants called for abandoning a commitment to autarky and earning export dollars to import oil. Kim refused to compromise his own ideology and left the power-shortage predicament unresolved, as it remains today. Not surprisingly, Kim Jong-un’s New-Year address in 2014 called for generating more electricity with priority given to hydroelectric resources.

Now, even if the problem with power and other infrastructure is solved, North Korea’s capitalist play would still be hard pressed to turn commercial and service money-owners into industrial capitalists, in part because the seclusion and autarky creeds keep them from making trips abroad that might help them to learn about overseas markets and technologies. As a consequence, they are bound to miss opportunities to set up simple manufacturing operations that could pluck the low-hanging fruit that typically prevails in foreign consumer markets. That low-hanging fruit has nourished countless upstart factories in poor countries since the 1950s, including South Korean firms exporting wigs made of the hair of rural girls. Early factories can grow for a while using cheap labor and fabricating import replacements. In his New Year Address 2015, Kim demanded that North Korea get “rid of the disease of importing.” However, import substitution cannot prosper for long because domestic markets for most replaced goods are small in poor countries. Finally, prospective industrial capitalists want secure property rights before they sink their money into plant and equipment. Here again, the flirtation with capitalism has been ineffectual, owing to a Juche-communism hurdle: All land in North Korea is owned by the state or collectives. So it is in China, but in that country’s flexible interpretation of communism, industrial land is leased to investors for up to 70 years. Pyongyang could likewise provide a degree of investor security on similar terms. However, nothing like it has been broached. Hence a meaningful migration of commercial and service capital to the industrial sector necessary for a self-reinforcing growth has not occurred, and nor is it likely to do so in the future given the rigidity of Juche communism.

Property Rights

Property rights likewise are important for raising efficiency in food production, which in turn feeds urban workers and releases labor for industrial growth. China boosted farm productivity beginning with its proclamation of the Reform and Opening Up policy at a central committee meeting in December 1978. This led to the “family responsibility system” in farming, breaking up the communal farms and granting land-use rights to individual farm families. The land-use contracts began with a three-year term in 1979, but gradually increased to 45 years. Of equal moment, the 1978 declaration stimulated manufacturing and other sectors by permitting private enterprise and opening China to the world. The ensuing capital and technology inflows and widespread advances in industry reduced the prices of farm equipment, fertilizers, and other supplies needed for farm productivity, which could then rise in step with increased farmer incentives.

Kim Jong-un has learned from China, and modified the Juche system to bolster farm productivity through enhanced farmer incentives. Juche farming imposes two debilitating features, one of which is self-sufficiency in grain. The other is the basic work-unit on the farm called the sub-team, which had remained essentially the same since its 1965 formation by Kim Il Sung. The sub-team traditionally comprised several families of about 20 members, who were assigned a designated plot and a production quota. Kim Jong-un has stuck to the grain dictate, but has issued instructions to downsize the sub-team to the family scale. Reform details were not publicized officially lest heralded changes hurt Juche’s “eternal” authority, but in the summer of 2012, local farm authorities were reportedly notified of a June 28 reform reducing the sub-team size to 2-6 members, along with correspondingly smaller farmland allocations.

This downsizing enabled most farm households to be officially dubbed sub-teams – honoring Juche. The ruling-party mouthpiece Rodong Sinmun has used this term, and has speculated that the uneven capabilities of sub-team leaders caused the poor harvest in 2014. The reform also reportedly sets the family’s share of the harvest at 30 percent of its production quota plus any output above the quota, leaving 70 percent of the quota for state procurement. Since under the previous policy, the state set a high share that was unrelated to the harvest, the June 28 measures offer significant production incentives. While these reform-related numbers are not verified, the thrust of Kim’s efforts has been to bolster production incentives, by means of granting property rights of sorts: Land allocations of undefined timeframes coupled with a more favorable formula for crop sharing amount to the conferring of property rights – even if primitive – on farmers. If these incentives are sustained through adherence to the land allocation and the sharing formula in the next few years, tracking the vagaries of weather and supply, farm production will rise.

That said, the boost in the harvest will be modest, because in contrast to China’s reform of 1978 the North’s economy remains closed, which means that manufacturing will not develop the efficiencies needed to produce cheaper supplies for farmers. North Korea’s agriculture desperately needs fertilizer and herbicides, diesel fuel for tractors, and plastic sheets for covering rice and corn seedlings in early spring. Most farm tractors are maintained by cannibalizing parts, the newest of them manufactured in the mid-1980s. Pyongyang needs to replace much of its tractor stock. All of these needs require robust manufacturing, electric power, and industrial raw materials, none of which will be readily available unless North Korea opens its economy. Until that happens, the benefits for agriculture will be minimal.

Along with the farm decision-making at the family level, the June 28 reform did give state enterprises a degree of autonomy, including decisions on product prices and wages. These changes generated some spectacular stories, such as certain workers seeing their wages rise a hundredfold in the first year. This was a natural outcome of allowing some enterprises producing essentials such as fertilizer, soy source or cooking oil charge market prices. Affluent buyers offered high prices and got all they wanted. Meanwhile, these lucky manufacturers continued to source their raw materials at below-market prices, allowing them windfall profits and the scope to offer huge wage hikes.

After the early publicity and enthusiasm, the manufacturing component of the June 28 measures has been staggering under the weight of its faulty design. Repeated reports have emerged of factories making mundane products such as shoes struggling to find raw materials. Raw materials have always been in short supply for consumer-goods producers, but now they are simply unavailable for some companies producing non-essential products. This development underscores the problem of attempting to introduce capitalism principles to some sectors and not others.

Closed

Meanwhile, Kim Jong-un is doing his best to keep his country closed. In fact, Kim is actually tightening control over the border with China, compared with his father’s era. This is partly to prevent defections and partly to fight the rise in smuggling, but it is also a response to the growing realization among North Koreans that their Southern neighbors are rich. This realization has been helped by propaganda being sent by South Korean activists via balloons over the North-South military line. Kim has angrily pushed Seoul to block the leaflets, free speech or not. He is enforcing national isolation not merely in deference to Juche, but also to ensure his personal survival by keeping his people uninformed. That leaves little scope for capitalism.

While keeping the country closed, Pyongyang has attempted to access foreign capital and technology through the back door method of promoting free enterprise in restricted territories. The first special territory, announced as early as 1991, was the Rason Zone. Then came the Kaesong Industrial Complex established jointly with South Korea in 2004. The latter prospered because Seoul promoted it. But Rason attracted little capital other than some money from Hong Kong targeting the hotel and gambling business for Chinese patrons.

Pyongyang doubled down for Rason in 2010, granting special concessions to Chinese interests through an agreement with Beijing to jointly administer and develop the zone. Then there was the dramatic 2013 announcement of an avalanche of 14 new special zones, made at an international conference in Pyongyang on special economic zones organized by the University of British Columbia. All of this special-zone activism of recent years came under the personal direction of Jang Song-thaek, Kim’s uncle, who was notoriously executed on December 12, 2013. Part of Jang’s alleged crime was granting excessive concessions. But he had no choice if he was to make headway, because the capitalist instinct that Pyongyang overlooked is to avoid investing in an untrustworthy territory where assets can get trapped and profits are difficult to repatriate.

Seoul had to shut down the Kaesong Complex in 2013 after Pyongyang blocked workers from coming to the site as part of its escalation of politico-military tensions. Although the complex was eventually reopened, Pyongyang acted up again in 2014 by suddenly declaring it had unilateral say over wage decisions, a move that has led to rising inter-Korea tensions. Despite these frustrations, Seoul persuaded the North to invite foreign companies to the site, presumably to make Pyongyang think twice before causing trouble for the complex again. To date, though, the only foreign manufacturer to have expressed interest is a German producer of sewing machines that is setting up a sales shop in the complex.

Kim Jong-un appears to be committed to the Juche regime of self-sufficiency and political seclusion. Combined with communism, these are heavy chains. Bound by them, North Korea’s flirtations with capitalism will deliver little for the economy.

Hy-sang Lee is a retired professor of economics, University of Wisconsin-Oshkosh, and author of North Korea: A Strange Socialist Fortress, 2001. 

 

 

 

 

The Trial of Zhou Yongkang: How to Flog a ‘Dead’ Tiger?

Given the political sensitivities involved, Zhou’s trial is expected to be a tightly choreographed affair.

By James Char

May 06, 2015

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As a prelude to their former patron’s own impending trial, the incongruous court performances by Jiang Jiemin and Tao Yuchun – two of a number of intermediaries Zhou Yongkang had commissioned to run his affairs in the country’s energy sector after leaving the China National Petroleum Corporation (CNPC) in 1998 – provide the most striking of contrasts, and would have given the Chinese Communist Party (CCP) much food for thought on how best to direct the upcoming proceedings against one of their most powerful former party leaders. While Zhou can be expected to receive a heavier sentence than his minions get, the political nature of his indiscretions also mean that a more tightly choreographed trial is in order.

That it has taken this long to press formal charges on Zhou can be explained by the high political stakes entailed. Not unlike his former subordinates, however, Zhou’s verdict is likely to have been decided prior to his sentencing by the party-appointed judiciary. To be sure, Zhou’s former power bases together with the “Petroleum Gang” – the Sichuan provincial government and China’s internal security forces – have long been dismantled; it is thus more than likely that the evidences necessary to indict Zhou have been established. Regardless, trying a former member of China’s political elite will not be a straightforward affair.

What Kind of Trial Then?

Since being indicted, speculation has been rife regarding Zhou Yongkang’s purported attempts – along with other “big tigers” – to subvert Xi Jinping’s political ascent. That would include leaking information that led to a Bloomberg report in 2012 detailing the financial assets of Xi’s family members, as well as Zhou’s spying on a number of Chinese state leaders during his time as the head of the country’s domestic security apparatus. Indeed, in his previous position as China’s security czar, Zhou would have been well placed to carry out such acts of sabotage.

As things stand, Zhou’s arraignment will center on bribery, abuse of power, and the intentional disclosure of state secrets. Of the three, revealing confidential state affairs carries the greatest ramifications since they would reveal the inner workings at the upper echelons of the CCP. This necessarily means that only the first two charges will go to trial while the inquest into the third is held behind closed doors. This begs the question: Would Zhou adopt Tao Yuchun’s truculent stance during his show trial, or follow Jiang Jiemin’s example and admit to his charges? Zhou’s anticipated courtroom performance would no doubt be a key consideration for the authorities in directing the proceedings.

How Not to Try a Fallen Tiger

To be sure, Zhou Yongkang’s political fate was sealed once the fall of another former CCP leader had been confirmed. While much has been made about how the former had arranged for Bo Xilai to take over his security portfolio in the Politburo Standing Committee (PSC), Zhou had also stuck by the former Chongqing chief by exonerating him from the political fallout from the Wang Lijun affair. In the aftermath of Wang’s escape to a U.S. consulate in 2012, Zhou is believed to have directed his protégé to discredit Wang by falsifying information regarding the latter’s state of mind. It has even been alleged that Zhou may have tried to give the party the slip by tipping off his acolyte after party elites decided to move on Bo.

Bo Xilai’s trial two years ago also offers a lesson on how not to try Zhou. Lest the latter stray off the planned proceedings in the same manner as the fallen princeling – who had attempted to draw attention away from his well-known ambitions to supplant Xi Jinping – the CCP would want to make sure that Zhou sticks to the script. Indeed, how best to extract a concession from a “dead tiger” without casting more doubts on the unity of the party and the integrity of China’s legal system is expected to weigh heavily on the minds of the authorities. By all accounts, the powers that be would not want the true nature of Zhou’s catalogue of crimes to see the light of day.

The Death Sentence for Zhou?

Although it remains unclear what sort of example Xi Jinping will make out of Zhou Yongkang, we can be certain of a few things with respect to the latter’s “open trial.” In light of criticisms pointing to the easing off of the ongoing anti-graft campaign, Xi will most certainly elicit the hearing to reinvigorate his political legacy of hitting “tigers” and “flies”. For all intents and purposes, Xi would also be keen to make use of Zhou’s example to demonstrate to the Chinese public his resolve in tackling endemic official corruption. As Bo’s political mentor, Zhou’s penalty can therefore be expected to be harsher than that imposed on his disciple, who was sentenced to life imprisonment in 2013.

Still, the death penalty is by no means a forgone conclusion. Discrepancies in Zhou’s latest charges and the earlier allegations dating from December 2014 provide the clearest indication yet that he may already have acquiesced to his accusers. While the three issues that fail to make the later rendition – violating the party’s political, organizational and confidential discipline; leaking party secrets; and trading money and power for sexual favors – cannot be tried in a court of law, the watered-down charges nevertheless point to the likelihood that Zhou will receive a suspended death sentence. Keeping the tiger alive is also preferable since Zhou could then be held hostage against his former political patrons.

Whither Xi’s Campaign?

While Zhou’s alleged abuse of power and siphoning of state assets have been depicted as an infringement on the public interest, the timing of the announcement of his indictments to coincide with the National People’s Congress and the Chinese People’s Political Consultative Conference means that the message may well have been directed at Chinese officialdom instead. Seen from the perspective of standing party leaders, Zhou’s impending trial serves as a warning to the former that the incumbent CCP general secretary will spare no effort to remove anyone who may still harbor hopes of dislodging him. Quite significantly, how the CCP eventually flogs a “dead” tiger will give the clearest indication yet of Xi’s next big move.

James Char is a research analyst with the China Programme at the S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University (NTU). He is the inaugural Wong Wai Ling Scholar in the Masters of Arts in Contemporary China (MACC) at NTU. His current research interests center on Chinese domestic politics, civil-military relations in China, and China’s diplomatic strategies in the Global South.

 

 

 

Islamic State and Jihadi Realignments in Khorasan

The delicate yet volatile balance of jihadi movements and insurgents within Afghanistan may be about to shift.

By Hekmatullah Azamy and James Weir

May 08, 2015

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The relationship between the Taliban and the Islamic State (IS – also known as ISIS, ISIL and Da’esh) is emerging as the most influential factor in the future of violent jihadi movements in the Afghanistan and Pakistan region. To date, however, the Taliban finds itself in a bind, able to neither welcome nor resist IS in Afghanistan. For the Taliban, IS poses a strategic, potentially existential, threat, as both appeal to similar recruits; but the Taliban leadership has been reluctant to take a stand against IS due to their similar ideological and political goals, and shared enemies. Meanwhile, as the Afghan Taliban enter a peace process with the Kabul government, fear of losing their more radical or criminal supporters to IS likely weighs upon negotiations.

While concern deepens about the growing influence of IS in Afghanistan, the extent of their presence remains difficult to determine. Afghan President Ashraf Ghani, during a visit to the United States in March 2015, warned that IS poses a “terrible threat” to Afghanistan, and the region. A month later Ghani blamed IS for a deadly bank attack in Jalalabad, the capital of Nangarhar province, which killed 35 and wounded more than 125. The top UN representative in Afghanistan, Nicholas Haysom, has testified to the UN Security Council that IS has a foothold in the country. The Russian special envoy in Kabul, Zamir Kabulov, claims IS has established four training camps in Afghanistan. But naysayers also exist. Both former President Hamid Karzai and his intelligence chief Amrullah Saleh described concerns about IS as “media hype” and “psychological warfare,” suggesting Afghan circumstances, at least thus far, are not conducive to an impactful IS presence in Afghanistan.

In early September 2014 reports emerged of IS fliers distributed in Peshawar, Pakistan and nearby Afghan regions soliciting pledges of allegiance to the movement and its self-declared caliph, Abu Bakr al-Baghdadi. An organizational presence appeared a few weeks later when six former Tehreek-e-Taliban Pakistan (TTP) and a few Afghan Taliban announced allegiance to IS. In January 2015, IS leadership declared the Afghanistan-Pakistan region part of its Khorasan chapter, appointing Hafiz Sayed Khan (former TTP) as the Khorasan head, and selecting a high-profile Afghan Taliban commander, Abdul Rauf Khadim, as Sayed’s deputy.

Khadim’s death, just weeks later, by a NATO airstrike appears to have had minimal impact on the movement. Reports of a massive influx of foreign fighters into Afghanistan – in part a result of the Pakistan military operations Zarb-e-Azb in FATA – coupled with the increasing IS abductions of Afghan Shia travellers and their first suicide attack in Jalalabad, all indicate the growing influence of IS on the security landscape, even if the nature of their presence is unclear.

Conspiracy Theories and Popular Anxieties

Infamous as a ruthlessly effective terror organization with wide digital, financial and personnel reach, the impression of an IS presence in Afghanistan is perhaps as important as the reality. Formal interviews and informal discussions reveal at least three popular explanations for their ability to make inroads in Afghanistan. One suggests that the U.S. tolerates IS and generally promotes Islamic radicalism in the region to undermine China, Iran and Russia. A second points to Pakistan support of IS as its new strategy in Afghanistan, having lost influence over the Afghan Taliban. In a third, the Afghan government supports IS to fuel feuds and infighting between Taliban.

While these explanations are dubious, even conspiratorial in nature, the emergence of IS provokes wide anxiety and speculation. For example, the Helmand Police Chief claimed to have papers indicating that the Afghan Taliban and IS had announced a jihad against each other. The Taliban were quick to denounce this as baseless but to date have been conspicuously silent regarding an organizational position on IS.

The Future of the Taliban-IS Relationship in Afghanistan

Significant ideological differences between the two groups exist. The Afghan Taliban are mostly followers of Deobandi Islam based in South Asia, while IS follows a strict form of Salafi-Takfiri Islam which finds its home in Saudi Arabia. The leaders of each movement, both Mullah Muhammad Omar Mujahid and Abu Bakr al-Baghdadi, claim ultimate spiritual authority within Islam. However, the younger al-Baghdadi expects Mullah Omar’s submission and Taliban absorption into IS. Taliban’s goals are mostly confined to Afghanistan, while IS pursues a caliphate across the Muslim world.

But both groups are powerful and violent jihadist organizations with shared interests and common enemies. The rapid rise of IS on the global jihadist stage makes the Taliban vulnerable to losing men, income and influence to the even more aggressive and ambitious IS. If the Taliban were to directly confront IS it would undermine the legitimacy of the former’s longstanding jihad, making it appear power hungry and motivated by self-interest. Meanwhile, the ideological and theological differences between the two organizations likely carry little meaning for most of the rank and file of either organization. The leadership of both groups must maintain and expand control over vast financial resources to ensure recruitment and expansion. IS likely eyes the vast Afghan poppy income as a business prospect they could tap into and further connect to global markets.

The insurgency in Afghanistan is in state of rapid flux for reasons that have nothing to do with IS. With the drawdown of foreign troops and aid money, an income source for many low to mid-level Taliban dries up, sparking competition for diminishing resources. Those Taliban who feel disenfranchised or encumbered by the leadership’s often strict dictates may see IS as an opportunity to rebrand while pursuing greater profits. Meanwhile, the Taliban leadership understands that a peace process, especially while the U.S. military remains in Afghanistan, may push more ideological insurgents into the IS fold.

The former Taliban foreign minister, Wakil Ahmad Matawakil, confirmed these concerns in a discussion with the authors. He explained that the vast financial resources and rapid territorial gains IS made in Iraq and Syria appeal to young Taliban and their associates. Matawakil cited the example of three mid-level commanders – Sayed Emarati in Logar province, Mawalwi Najib from Wardak province, and Mawlawi Qahar from Kunar province – who defected to IS for financial interests. These defections occurred after the Taliban leadership reprimanded these commanders for their involvement in excessive extortion, kidnapping, and criminal activities.

Defection to IS is not confined to small group commanders or foot soldiers but includes senior leaders with disagreements and grievances. Abdul Qayum Zakir was the former Taliban number two for military affairs, before being sacked in April 2014. According to Taliban sources in the South, Khadim (mentioned above), aware that his life was threatened, indicated Zakir as his potential successor. Both Khadim and Zakir were held in Guantanamo Bay where they embraced Salafism. Both leaders objected to Mawlawi Akhtar Muhammad Mansur, the current deputy to Mullah Omar, who they thought was undeserving of a senior Taliban leadership position amid claims he favors his relatives and tribesmen for high-level appointments. Moreover, Zakir had recently declined Iranian assistance in favor of support for IS.

Afghan Taliban’s Responses to IS

A senior Afghan Taliban commander explained to the authors that the Taliban’s greatest priority in regards to IS is to avoid losing men and to return defectors. The Afghan Taliban leadership has created a recruitment commission to reach out to those who have defected to IS. The commander said that the recent publication of Mullah Omar’s biography was intended to demonstrate his continuing leadership role despite his long absence from the public eye. Some commanders are known to have defected to IS due to Mullah Omar’s invisibility, and the biography is an effort to correct this. Afghan Taliban sources say that their leadership council has received a delegation from the IS Khorasan group comprising former TTP commanders and Afghan Taliban members to discuss a way forward, but failed to reach an agreement.

Sources explain that Afghan Taliban would welcome IS if they worked with the Taliban in the way that al Qaeda, TTP, Islamic Movement of Uzbekistan (IMU), Hizb-e-Islami of Gulbaddin (HiG) and other local and transnational groups have in the past. These groups are free to pursue their own agendas as long as they do not interfere with Taliban affairs and sometimes assist as requested. With the appearance of IS a competition could emerge and the alliances of smaller groups would gain significance. Groups like HiG, which have a history of reluctant cooperation and tensions with the Taliban, may embrace IS to counterbalance the Taliban. Meanwhile, the IMU – Salafist and with global objectives – has already publicly stated a shift in allegiance from Mullah Omar to al-Baghdadi.

But Afghan intelligence officials in the Southern and Southeastern Afghanistan explained to the authors that the IMU and TTP continue to work closely with the Afghan Taliban. Low to mid-level insurgents of all hues need to cooperate with each other, particularly in the practical affairs of sanctuary and daily activities. The ability of Afghan and Pakistani Taliban to create safe havens in the two countries benefits all militants operating across the greater region. 

Conclusion

As digital communications make geographical proximity or personal relationship less essential to militant recruitment, joining a group like IS becomes easier. Previously, appointments were top to bottom, requiring leadership permission and social connection, but for IS this practice can be reversed. A young man or small group of friends can film a video pledging allegiance to IS and post it online; IS would likely respond positively and assign a role.

On the one hand, the emerging presence of IS in the region poses a grave threat to the Afghan Taliban. The Taliban downplays this challenge, while trying to convince those who have defected to IS to return and to prevent others from joining. On the other hand, the Taliban appears willing to collaborate with IS in Afghanistan, but not at the cost of giving up their identity. If a public collaboration upsets Pakistan — where the Afghan Taliban finds sanctuary — the Taliban and IS could establish a working relationship that is kept secret, resembling past Taliban relations with the TTP, IMU, HiG, al Qaeda, and other foreign militant groups.

Meanwhile, in the scenario where the Taliban fails to reach an understanding with IS and actively counters IS in Afghanistan, pro-IS elements would be forced to resettle outside of Afghan Taliban-controlled areas. The likely relocation would be FATA, from where they could gradually but easily recruit militants to operate in Afghanistan. If IS were to successfully recruit influential Taliban figures like Zakir (mentioned above), they could upset the delicate yet volatile balance of jihadi movements and insurgents within Afghanistan, causing realignments of anti-state actors across the Khorasan region.

Hekmatullah Azamy (@HekmatAzamy) is a research analyst at the Centre for Conflict and Peace Studies (CAPS) based in Kabul Afghanistan. His practice areas include research on socio-political and security issues in Afghanistan-Pakistan region. Dr. James Weir (@Jimmyweir2012) is a co-founder of the Afghan Research, Consultation and Cooperation (ARCC) based in Kabul and a cultural anthropologist with a long history of work and study of Afghanistan and Pakistan. 

 

 

 

Taiwan’s Submarine Saga

The Indigenous Defense Submarines program has had a long and convoluted history.

By Wang, Jyh-perng and Tan, Chih-lung

May 11, 2015

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Taiwan’s Indigenous Defense Submarines (IDS) program has attracted considerable attention in recent years. The diverse information disclosed either by officials or by the media has often been confusing or lacking in credibility. In response to the government’s caution, the media has tried to dig out whatever it can from the limited information that is in circulation, often leading to exaggeration. The authors attempt here to leave the speculation behind, and provide a broader, clearer perspective based on their own extended observation. The article analyzes documentation from credible open sources. (Any consistencies with classified information are purely coincidental).

Strategies of the MND and ROCN

Taiwan has wanted to build its own submarine fleet for almost six decades, with enthusiasm especially evident during the era of former President Chiang Ching-kuo. After purchasing two Dutch-made ZWAARDVIS-class submarines in the late 1980s, Taiwan had the option of acquiring more submarines from the Netherlands, Ukraine or Germany, but high prices and, more importantly, Taiwan’s lack of interest, prevented a deal.

Another opportunity for Taiwan to acquire new submarines emerged when former U.S. President George W. Bush gave the go-ahead in 2001 for the sale of eight diesel-electric submarines. Unfortunately, because of Taiwan’s insistence on the application of the Foreign Military Sale program rather than a commercial sale mechanism, and its refusal to accept a U.S. proposal involving the building of smaller tonnage (500-1000 tons) vessels, Taiwan once again missed a key opportunity. This outcome had much to do with the reluctance at that time of the Ministry of National Defense (MND) and the Navy (ROCN) to get involved in an indigenous submarine program.

In recent years, the situation has changed somewhat. The delays of the 2001 submarine sales program and the growing military imbalance across the Taiwan Strait have finally convinced the MND and ROCN to seriously consider the unfavorable political reality and the critical need for submarines in Taiwan’s defense scenario.

Taiwan finally became proactive about the IDS program when Admiral Chen Yeong-kang became ROCN Chief. Forces Structure and Planning Concepts for the Future ROCN, released by Navy Headquarters in January 10, 2014, explained the stages and procedures for executing the IDS program. The first stage involves a domestic shipbuilder refurbishing two obsolete GUPPY-class submarines to make them training capable. This plan will start with an in-depth overhaul, making steel plates and replacing the pressure hulls of these two old submarines. According to various sources, the ROCN will invest 450 million dollars in China Shipbuilding Corp (CSBC, Taiwan) and the Ship and Ocean Industry R&D Center (SOIC) in the next two years for this purpose.

The initial plan for constructing indigenous submarines revealed by MND and ROCN was in fact highly speculative. Although it was presented as a foundation for indigenous submarine manufacturing, it was really an attempt to satisfy legislators and domestic shipbuilders. Subsequent events have been revealing of the true intentions of MND and ROCN.

Admiral Chen Yeong-kang personally chaired an IDS symposium at the National Defense University in September 2013. In late November 2013, he hosted another conference at MND’s Officer Club that focused on the feasibility of the IDS program. A seminar focused on related know-how and the technologies/techniques needed to build indigenous submarines was held in June 2014. On September 10, MND’s spokesperson Major General Luo Shao-ho said that the IDS program was a firm MND policy, “which is not in conflict with FMS.”

On October 1, Defense Minister Yen Min testified in the Legislative Yuan: “The MND has informed the United States of our arms acquisition priority; the submarine is first and new generation fighters next.” Five days later, Deputy Defense Minister Chiu Guo-zheng solemnly stated at the U.S.-Taiwan Defense Industry Conference: “Taiwan has waited for a U.S. commitment to help Taiwan acquire new submarines for years but we still have no positive response; therefore we must commence, and already have commenced, all preparatory work for the IDS program.”

In November 2014, a seminar on IDS project management was held by the Navy, bringing together experts, scholars, and high ranking officials from the U.S., Germany, France, Sweden, Netherlands, Italy and Australia. After the seminars, a site survey to evaluate submarine building capability was arranged. On December 10, MND, the Ministry of Economic Affairs (MOEA), Ministry of Science and Technology (MOST) CSBC, and SOIC jointly presided over the Legislative Yuan’s Foreign and Defense Affair Committee. Under Minister of Defense Vice Admiral Kao Tien-chung said in that hearing: “We have inquired privately about the possibility of introducing Japanese technology to build submarines….According to the revealed IDS program, the submarines sought will be 1,500 to 2,000 tons. The first indigenous submarine is scheduled to be completed in 2024. After a comprehensive evaluation, the best approach for this program is to build our submarines at home with technical support from the United States.” Several days after the hearing, Admiral Chen made an arranged visit toWashington D.C. The purpose of this trip was widely believed to be connected to the IDS program.

Intentions of the KMT and DPP

Legislator Lin Yu-fang’s long advocacy for the submarines procurement program clearly reflects the Kuomintang’s (KMT) stance. Lin submitted a joint proposal that was endorsed by 130 Legislative Yuan members, which said “the Executive Yuan should express its strong position and request the United States to help Taiwan build six of the eight submarines domestically through technology transfer. MND and the Navy will have the support of the Legislative Yuan as long as the  policy of building submarines domestically is fully implemented, otherwise the entire budget will be frozen.” There has been no significant policy change since this legislative proposal was approved on May 24, 2002. However, the program has stalled since Ma Ying-jeou became president in 2008, hamstrung by differing views over IDS.

Compared to the KMT, the Democratic Progressive Party (DPP) is more proactive on the IDS program. In the DPP’s Fifth Defense Policy Blue Paper, China’s Military Threats against Taiwan in 2025, released in March 2014, then-Party Chairman Su Tseng-chang called for a concept of “two-stage indigenous production of submarines.” Six months later, the DPP published its Seventh Defense Policy Blue Paper, Bolstering Taiwan’s Core Defense Industries, which was endorsed by Chairwoman Tsai Ing-wen. It offered a more detailed description of the concept. The DPP set out a number of viewpoints:

1. The biggest obstacle to building submarines domestically is not in Kaohsiung; it is not in Washington D.C.; it is in Taiwan’s Presidential Office. Vague policies have further complicated an already complex and risky project of indigenously building submarines.
2. DPP will firmly stay the course on the indigenous production of submarines, and places it as a top priority of all national defense flagship projects. When the DPP takes power in 2016, it should strengthen this course and immediately initiate the submarine project.
3. DPP proposes a “two-stage indigenous production” concept for a long-term submarine R&D, key equipment acquisition, and testing and improvement cycle.
4. Stage one of this project will use life extension and reverse engineering of the current ZWAARDVIS-class submarine to maintain Taiwan’s submarine force, and to increase the industry’s experience and confidence. Life extension and reverse engineering should be conducted simultaneously. The life extension of two vessels as well as the production of two additional vessels through reverse engineering should be completed six to eight years into the project. The extended ZWAARDVIS-class submarines will then replace the current GUPPY-class submarines as training vessels.
5. The goal of stage two is to design and produce six or more submarines of 1500-ton surface displacement to form a fleet of eight and establish a sufficient submarine force, and to increase Taiwan’s submarine building capacity. Once the project is initiated (projected at 2017), production of a new submarine will start every three years. The first submarine will be completed approximately eight to ten years after the program launch (between 2025 and 2027), completing the production of six submarines in 23 to 25 years (between 2040 and 2042).
6. The estimated cost for both stages is between NT$350 to $400 billion (US$11.5 to 13.1 billion). With the projected 23-years timeframe, an estimated NT$17.3 billion (US$567.6 million) will be required each year.

After years of struggle, MND and the Navy will very likely support DPP’s version of the IDS program.

The Changing Stance of the U.S.

During a discussion on the Asia-Pacific rebalance held by the Carnegie Endowment for International Peace (CEIP) on September 8, 2014, U.S. Chief of Naval Operations Admiral Jonathan Greenert acknowledged having a conversation with his Taiwan counterpart concerning Taiwan’s submarines program but said he could not reveal any details. Commenting on the same issue, Douglas Paal, vice president for the CEIP and a former director of the American Institute in Taiwan’s (AIT) Taipei office, said he personally supported the idea of Taiwan having more submarines. He also noted this would help Taiwan to better patrol its surrounding waters and seas to its south, jointly contributing to regional security, which is also in the U.S. national interest.

Lin Yu-fang of the ruling KMT, who led a delegation of Taiwanese legislators of the Taiwan-USA Inter-Parliamentary Amity Association to the United States, told a news conference on September 9, 2014 that his delegation has brought a message of Taiwan’s determination than ever and the United States has begun to treat seriously the request from Taiwan to build its own diesel electric submarines.”

At the International Conference on New Asian Dynamics and the Role of Taiwan, which was co-organized by the Project 2049 Institute and the Taiwan Brain Trust on December 6, 2014, Randall Schriver, Former U.S. Deputy Assistant Secretary for East Asian and Pacific Affairs, said: “Washington should clearly signal to Taiwan and the U.S defense industry its intention to approve licensing for American industrial participation in Taiwan’s indigenous defense submarine program. Washington should support Taipei’s submarine program, citing the strategic benefits of Taiwan acquiring new diesel-electric submarines and the range of missions they could undertake as part of coalition operations.”

On December 18, 2014, Randall Schriver and his Project 2049 colleague Ian Easton jointly published a report titled Taiwan and Maritime Domain Awareness in the Western Pacific. In their analysis, ROCN has a remarkably dense and resilient network for collecting information on Chinese Maritime activities, and its coverage ranges from the Sea of Japan to the South Pacific. Taiwan’s capabilities include a large number of land, air, and sea-based radars, signals intelligence (SIGINT) platforms, sonar arrays, human agents, and imagery intelligence (IMINT) assets that are critical to this region. “Taiwan has an important, but often underappreciated, role to play in the maritime component of the U.S. rebalance to Asia. As a capable security partner, Taiwan can provide PACOM with critical indications and warning information. Taiwan’s Navy, Air Force, Army and Coast guard can also work jointly with their counterparts in the U.S. and other friendly maritime nations in the Western Pacific to form a common operational picture of the maritime domain. As a further means of building trust and interoperability, PACOM should expand and deepen its military exchanges with Taiwan as part of the rebalance to Asia. It is in the American interest to integrate Taiwan’s maritime domain awareness capabilities into a joint infrastructure for shared indications and warning (I&W) and regional situational awareness. This could include the exchange of everything from radar and sonar data to intelligence derived from signals, human agents and imagery, as appropriate and warranted by events. However, both the U.S. and ROC militaries should continue to maintain their respective abilities to independently collect information as well.”

Taiwan’s Options

In the authors’ judgment, Taiwan could acquire submarines in one of four ways:

1. The U.S. obtains used submarines from a third party (candidates include Greece, Singapore, Sweden, Australia, the Netherlands, South Korea and Japan) and then transfers them to Taiwan after upgrading their capabilities.
2. The U.S. negotiates with potential submarine exporters (such as Germany, Sweden, the Netherlands, South Korea and Japan) to build the hulls and propulsion systems on contemporary production lines, and then integrates them with U.S. designed and manufactured combat systems in CONUS or Taiwan.
3. The U.S. consults with allies (such as Australia, Japan and South Korea) to include Taiwan’s submarine in their future manufacturing plans.
4. The U.S. assists Taiwan in establishing new production facilities for indigenous submarines. There are three possible ways this could be done:

i.                The U.S. obtains the blueprints for a submarine hull and the manufacturing technologies from a third country then transfers them to Taiwan.

ii.                Taiwan uses the ZWAARDVIS-class design to produce a “clone” with U.S. assistance.

iii.                The U.S. builds from a new design based on configurations requested by Taiwan.

The feasibility of each approach is determined by a nexus of politics, technologies and funding. We believe that MND and ROCN will consider each of these options.

China’s Reaction

China has long remained staunchly opposed to all U.S. arms sales to Taiwan. The strength of the language used and the scale of the reaction largely reflects prevailing Sino-U.S. relations and China’s national power. After President Barack Obama signed legislation formally authorizing the sale of four Oliver Hazard Perry-class guided-missile frigates to Taiwan on December 18, 2014, China immediately lodged a strong protest through its foreign ministry spokesman Qin Gang, who said that the sale “constitutes a grave breach of the spirit of the three joint communiqués between China and the U.S., especially that of the August 17 Communiqué, brutally interferes in China’s domestic affairs and undermines China’s sovereignty and security interests.” Since China condemns the U.S. for every arms sale, even that involving used warships, any U.S. assistance – direct or indirect – in Taiwan’s efforts to acquire submarines will all no doubt cross the “red line” drawn by China. The reaction is likely to be stronger than that when the U.S. approved the sale of 150 F-16 A/B fighters in 1992 or in this recent Perry-class case. The impact on Sino-U.S. relations of the submarine sale will be a critical factor for the U.S. to consider.

Post-Election Developments

After handling the KMT an overwhelming defeat in the 2014 local elections, the DDP is very likely to keep this momentum and win the presidential election in 2016. But no matter which party is in power, the IDS program will benefit from the departure of President Ma Ying-jeou. The strategy adopted by Admiral Chen Yeong-kang is both correct and feasible.

Although the DPP’s planning of the IDS program revealed in the Blue Paper is very detailed and attractive, problems still exist. For example, in the DPP’s version, although the first stage of life extension and reverse engineering for the ZWAARDVIS-class submarines is quite applicable, the other two GUPPY-class submarines are too old for another six to eight years of service and should be decommissioned immediately. The future 1,500 tonners suit the Navy’s requirement but the costs for design and manufacturing are high, as is the threshold for technology transfer. Moreover, it will take 8 to 10 years to complete the first ship and another 13 to 25 years for the rest. Beside, whether the configuration and number of this 1,500 tonner will fit Taiwan’s defense requirement in 2020 is also very questionable. The estimated cost of NT$350 to $400 billion is almost the same as that amount proposed by the U.S. when the DPP was in power between 2000 and 2008. Although the DPP will take a different approach this time, apportioning the budget over 25 years, it is unclear whether the impact on Taiwan’s economy, social welfare, and other areas will be acceptable. The opposition party (KMT) will also very likely accuse DPP again – as it did in 2005 – of “squandering an arms purchase.”

As for the number eight, whether this is in line with Taiwan’s future defense needs is also doubtful. Given the maintenance cycle, only four or five submarines will be combat ready when in contingency. This number is extremely low for Taiwan’s maritime defense, either in tactically centralized or dispersive deployment. In a real conflict, “better than nothing” is of little comfort. Moreover, the acquisition of the first submarine is too slow in both DPP and MND’s plans.

However, irrespective of whether submarines are acquired from Europe, Japan, Korea, Singapore or Australia, U.S. approval is key. Although the sale of eight traditional submarines approved by President George W. Bush in 2001 stumbled on various issues, recent signs suggest that the United States has begun to seriously consider helping Taiwan acquire these assets. This change is associated with U.S. national interests and its strategic rebalance to the Asia-Pacific. The United States and Japan have shared defense duties and jointly developed an underwater intelligence, surveillance and reconnaissance system since the end of the Cold War, and in particular have responded to China’s rise after the collapse of the Soviet Union. However, Taiwan’s special political status has weakened the strength of this critical mechanism, especially in the northern and southern regions of Taiwan and made the first island chain vulnerable. Randall Schriver has noticed this weakness and called for strengthening the strategic partnership between the U.S. and Taiwan, for instance exchanging sonar and radar data, to integrate Taiwan into a joint infrastructure for shared indications and warning and regional situational awareness. The U.S. military has acknowledged that bridging the gap is in the U.S. national interest and has begun to evaluate carefully Taiwan’s submarine requirement. MND and ROCN are well aware of this developing situation and have stepped up their efforts on the IDS program.

Although Obama has yet to agree to help Taiwan build its own submarines, interestingly, a report published on December 21, 2014 by the Center for Strategic and Budgetary Assessments (CSBA) suggests that Taiwan should build 42 smaller submarines, similar to the Iranian 120-ton GHADIR-class to replace the currently planned 1,500- 2,000 tonners. This recommendation has not been popular with the MND and the Navy. It will be important to see whether this viewpoint reflects current and future mainstream opinion in the U.S. government.

The ROCN’s strategy of revitalizing the IDS program may find success after the 2016 election, when the original domestic obstacles recede. However, if the DPP wins the election, its strong pro-independence stance will create a new problem for the IDS program, since the currently balanced U.S.-China-Taiwan strategic triangle will likely change. As for the U.S., whether Obama will help Taiwan acquire submarines in defiance of Chinese opposition is uncertain. Certainly, Washington’s desire to maintain strategic superiority in the Asia-Pacific creates some reservations about transferring cutting-edge submarine technologies to Taiwan. For now, then, the type of submarines Taiwan ultimately acquires remains an open question.

Wang Jyh-Perng is a reserve captain in the ROCN and is currently pursuing his Ph.D. at Beijing University. Tan Chih-lung is a Navy Reserve Rear Admiral in the ROCN and is currently pursuing his Ph.D. at National Sun Yet-Sen University, Taiwan.

 

 

 

 

Russia and China aim for the moon and a joint lunar base

By Miles Yu

China and Russia have announced plans for a joint space exploration project that ultimately could lead to the establishment of a Sino-Russian base on the moon.

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Kim Jong-un stirs Chinese controversy over name of mountain he claims to have scaled

By Miles Yu

The story Monday of North Korea's obese leader, Kim Jong-un, scaling a 9,000-foot mountain — in leather shoes and neat dress coat, on a pair of legs that had undergone operation and needed a walking cane only a couple of months ago — has stirred up a firestorm on China's Internet, the world's largest closed cyber community with over 600 million users known as Netizens.

Read more: http://www.washingtontimes.com/news/inside-china/#ixzz3Zvp1ElZv
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Michelle Obama: I’ve faced unfair scrutiny as black first lady

 

Speaking at the historically black Tuskegee University in Alabama, Michelle Obama recounted her own struggles against racism as the country’s first black first lady.

Mrs. Obama told graduates that she was subjected to a different set of expectations on the 2008 campaign trail than other candidates’ wives, The Hill reported.

“Back in those days, I had a lot of sleepless nights worrying about what people thought of me,” the first lady said. “‘What kind of first lady would I be? What kinds of issues would I take on?’ … The truth is, those same questions would have been posed to any candidate’s spouse.”

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SEE ALSO: Michelle Obama says black kids feel unwelcome at museums, cultural institutions

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“But, as potentially the first African-American first lady, I was also the focus of another set of questions and speculations; conversations sometimes rooted in the fears and misperceptions of others,” she continued. “Was I too loud, or too angry, or too emasculating? Or was I too soft, too much of a mom, not enough of a career woman?”

Mrs. Obama recounted how in 2008, she was parodied as a radical and a terrorist on the cover of The New Yorker.

“It was a cartoon drawing of me with a huge Afro and a machine gun,” she recalled, Agence France-Presse reported. “Now, yeah, it was satire, but if I’m really being honest, it knocked me back a bit. It made me wonder just how are people seeing me.

“And over the years, folks have used plenty of interesting words to describe me,” Mrs. Obama continued. “One said I exhibited ‘a little bit of uppity-ism.’ Another noted that I was one of my husband’s ‘cronies of color.’ Cable news once charmingly referred to me as ‘Obama’s Baby Mama.’”

In her nearly half-hour address, the first lady told the graduates to overcome discrimination by staying “true to the most real, most sincere, most authentic parts of yourselves,” The Hill reported.

People “will make assumptions about who they think you are based on their limited notion of the world,” Mrs. Obama said. “My husband and I know how frustrating that experience can be. We’ve both felt the sting of those daily slights throughout our entire lives. … And all of that is going to be a heavy burden to carry.”

Frustration “can feel isolating,” the first lady said.

“It can make you feel like your life somehow doesn’t matter. And as we’ve seen over the past few years, those feelings are real,” she added. “They’re rooted in decades of structural challenges that have made too many folks feel frustrated and invisible, and those feelings are playing out in communities like Baltimore and Ferguson and so many others across this country.”

Read more: http://www.washingtontimes.com/news/2015/may/11/michelle-obama-says-shes-faced-unfair-scrutiny-as-/#ixzz3ZvpiGUAI
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Russia, China agree to integrate Eurasian Union, Silk Road, sign deals

Published time: May 08, 2015 17:31
Edited time: May 10, 2015 15:13

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May 8, 2015. Russia's President Vladimir Putin (L) shakes hands with China's President Xi Jinping. (Reuters/Mikhail Klimentyev/RIA Novosti/Kremlin)

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Russia and China have signed a number of energy, trade and finance deals on Friday aimed at strengthening economic ties. The two countries have multiple mutual projects which “achieved a unity of views on a wide range of issues.”

Russian President Vladimir Putin and Chinese leader Xi Jinping have signed a decree on cooperation in tying the development of the Eurasian Economic Union with the "Silk Road” economic project.

“The integration of the Eurasian Economic Union and Silk Road projects means reaching a new level of partnership and actually implies a common economic space on the continent," Putin said after the meeting with his Chinese counterpart. President Xi Jinping arrived in Moscow on Friday for the 70th anniversary celebration of the defeat of Nazi Germany in World War II.

Read moreChina proposes economic corridor with Russia and Mongolia

China will also invest $5.8 billion in the construction of the Moscow-Kazan High Speed Railway, the Russian President said. The railway is to be extended to China, connecting the two countries through Kazakhstan. It can become part of the route of the new Silk Road project, which is aimed at tying China with European and Middle Eastern markets. The total cost of the Moscow-Kazan high speed railroad project is $21.4 billion.

Russia’s largest gas producer Gazprom and China’s National Petroleum Corporation (CNPC) signed an agreement on the basic conditions of gas supplies from Russia to China through the Western route. The two companies decided to extend a strategic partnership agreement for five years, according to Gazprom’s CEO Aleksey Miller. The agreement provides for the construction of the first, second and third Altai pipelines.

Sberbank – Russia’s biggest lender - has signed a facility agreement with China’s Development Bank in the amount of $966 million. They also agreed on financing an industrial project by Sberbank to the tune of $256.4 million.

READ MORE: Russia-China trading settlements in yuan increases 800%

The goal of the agreement is to develop the “long-term cooperation between Sberbank and China Development Bank in the area of financing foreign trade operations between Russia and China,” Sberbank said.

Russia's state-owned VTB Bank and the Export-Import Bank of China signed a $483.2 million loan facility agreement to finance trading operations between Russia and China.

An agreement to create a leasing company which will promote the sale of the Russian Sukhoi Superjet-100 passenger planes to the Chinese and South-East Asian markets over the next three years has been set up. Russia and China will also develop a new heavy helicopter, called the Advanced Heavy Lift. The helicopter will be able to lift 38 tons and operate in mountain areas, performing a variety of missions in any weather conditions.

President Putin also said that Moscow welcomes Chinese companies’ participation in resource extraction in the Arctic and Sakhalin shelf.

Earlier on Friday, Russian Direct Investment Fund (RDIF), the Russia-China Investment Fund (RCIF) and the People’s Government of Heilongjiang Province agreed to launch a $2 billion fund targeting investment in agricultural projects in both countries. The share of Chinese investment in Russia may soon reach 20 percent and amount to 40 percent in the medium to long-term, according to the CEO of RDIF Kirill Dmitriev.

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[H.E. KUM Nelson Bame IV]

UN Issues Scathing Assessment of US Human Rights Record

By Jamil Dakwar, Director, ACLU Human Rights Program

May 15, 2015 | 4:30 PM

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The U.N. Human Rights Council adopted a scathing report today, consisting of 348 recommendations that address myriad human rights violations in the United States.

The report came out as a part of a mechanism called the Universal Periodic Review (UPR), which examines the human rights record of all U.N. member states. The council questioned the United States on its record earlier this week.

Although many of these recommendations in the report are redundant or too general to offer tangible solutions to the human rights situation in the U.S., they echo many of the concerns raised by U.S. civil society groups like the ACLU, who attended the review and offered concrete recommendations to reverse policies that are inconsistent with international human rights principles.

For example, the report adopted a recommendation made by Sweden to "halt the detention of immigrant families and children, seek alternatives to detention and end use of detention for reason of deterrence." The report also adopted several recommendations calling on the Obama administration to independently investigate allegations of torture documented in the recent Senate torture report and provide reparations to victims. Denmark, for instance, recommended that the United States "further ensure that all victims of torture and ill-treatment — whether still in US custody or not — obtain redress and have an enforceable right to fair and adequate compensation and as full rehabilitation as possible, including medical and psychological assistance."

In addition, the report included many fitting recommendations to address police brutality and excessive use of force as well as ending racial profiling against minorities and immigrants. Mexico recommended that the U.S. "adopt measures at the federal level to prevent and punish excessive use of force by law enforcement officials against members of ethnic and racial minorities, including unarmed persons, which disproportionately affect Afro American and undocumented migrants." Ireland, for its part, directly touched on the broken trust between American law enforcement and communities of color and recommended that the U.S. "continue to vigorously investigate recent cases of alleged police-led human rights abuses against African-Americans and seek to build improved relations and trust between U.S. law enforcement and all communities around the U.S."

While in some areas, like LGBT rights and freedom of speech, the United States' human rights record fares far better than other parts of the world, in many areas — including national security, criminal justice, social and economic rights, and immigration policy — the U.S. has an abysmal record compared to other liberal democracies.

This report sends a strong message of no-confidence in the U.S. human rights record. It clearly demonstrates that the United States has a long way to go to live up to its human rights obligations and commitments. This will be the last major human rights review for the Obama administration, and it offers a critical opportunity to shape the president's human rights legacy, especially in the areas of racial justice, national security, and immigrants' rights.

The Obama administration has until September to respond to the 348 recommendations. At that time, the administration will make a direct commitment to the world by deciding which of the 348 will be accepted and implemented over the next four years, and which will be rejected. While many of the recommendations fall outside the constitutional powers of the executive branch — such as treaty ratification and legislative actions on the national, state, and local levels — the Obama administration should use its executive powers to their fullest extent to effectuate U.S. human rights obligations.

The U.S. record for implementing U.N. recommendations has thus far been very disappointing, but if President Obama really cares about his human rights legacy, he should direct his administration to adopt a plan of action with concrete benchmarks and effective implementation mechanisms that will ensure that the U.S. indeed learns from its shortcomings and genuinely seeks to create a more perfect union.

The world will be watching.

Tags

• Human Rights and Criminal Justice
• Human Rights
• Human Rights and National Security
• Human Rights and Racial Justice

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Robin Hamm - De...

AND YET AGAIN THE ABUSE ON NATIVE CITIZENS ...THE FORGOTTEN PEOPLE OF COLOR REMAINS UNSPOKEN! Just because my brothers and sisters are a smaller section if society never forget, the US has treaties to dispense with and resources and land to acquire from this small but over 600 unique nations of people. Please do more than follow mainstream popular issues! If you need examples, Dann sisters of Nevada -Sacred land theft for gold, PineRidge, lateral mining (after tribe refused to permit mining) of (I believe) uranium-poisoning water table now suicide is hughercthan anywhere in country, babies born ill and with cancer, cancer rates increasing, KXL-attempts to force it on private treaty land over Ogalala aquifer, Apache land grab (swap for mineral and arriable void land...ie. financially worthless lands) of Dec 2014, the Lakota 57-children attacked by leading citizens including a police officer, shall I go on? Indian Country Today is a good source for ongoing bs being perpetrated on our Native peoples...shame on everyone for AGAIN erasing Indigenous peoples!

• reply
• May 16, 2015
• 1:43 PM

@FreeRevPinkney

A perfect example of the US violating human rights is the case of Rev. Edward Pinkney, a Black activist Baptist preacher, who was charged, tried, & convicted unjustly in Benton Harbor, Michigan for exercising his Democratic right of petitioning for a recall election of the appointed Mayor Hightower. Along with a major public land grab by Whirlpool Corporation, the increased water rates, and the outsourcing of Whirlpool jobs, this town has been gentrified. The powerful Whirlpool Corporation has bought legislators, officials, attorneys, and the entire justice system. It's Jim Crow in Benton Harbor. Rev. Pinkney has spoken at the United Nations headquarters, preaches across the nation, is a member of the Green Party, and has been fighting this corporate fascism in the USA for two decades. We should help him by spreading the word, contacting media, writing letters to legislators, and donating to his legal defense fund. He is almost ready to file his appeal for being incarcerated for changing dates on 5 signatures (and Judge Sterling Schrock turned these misdemeanors into felonies) even though there was absolutely NO evidence - none! Oh, and the jury was all-White (though Benton Harbor is 90%+ Black). Read about this case at http://peoplestribune.org/pt-news/free-pinkney/ and listen to Pinkney here: https://soundcloud.com/worldausterityreport Go to bhbanco.org to donate. Thank you!

• reply
• May 16, 2015
• 1:46 PM

Dan Slaby

Many of the criticisms are duplicates; it would be useful to tally up and rank the criticisms so that more attention can be made on the most egregious.

• reply
• May 16, 2015
• 2:06 PM

Irene Daniel

Thank you, ACLU, for taking on our great nation's toughest challenge: being true to its own self.

• reply
• May 16, 2015
• 3:12 PM

Linda Ayres

TIME FOR DOMESTIC TORTURE REPORTS. ....

AMERICA's #WorkersComp system is also filled with Human and Civil rights violations, maimings and deaths.

Some arrogant insurance industry leased / owned doctors suggest 'if injured workers have human rights violations complaints... Take it to The Hague' Let's go.

Not a shot is fired but the maimings and killings of American workers by the profits before lives crowds is escalating. it's time for change. It is time for injured workers to unite..#SilentNoMore. If you are also an injured worker in AMERICA or elsewhere....Let's connect.

Here is a blog on basically a 3+ year domestic torture situation...a highly common set of circumstances. http://askaboutworkerscompgravytrains.com/list-of-posts/

Not only are injured workers harmed by the #GrandWorkCompFraud, so are shareholders and taxpayers as cost burdens are boldly shifted to the State, wreaking havoc everywhere... For the profits of the few. What a national shame!

Some bloggers call them "brown shirts" and some suggest orange jumpsuits for the perpetrators of crimes against injured workers. Who is next?

Think Think Think Whistle Blog
#OccupyVirtually

After all. ...WE ARE THE MEDIA NOW. ...We do not....forget.

• reply
• May 16, 2015
• 3:49 PM

Anonymous

police brutality is not just against immigrants and African Americans. it is against all races male or female !!many police officers are Boliesthat terrorize people with little to no consequences ever.. this needs to be stopped when they commit a crime they need to be held at a higher standard of the law and punished accordingly!!!

• reply
• May 16, 2015
• 4:42 PM

Vicki Henry

A judge informed the wife of a registrant...."you don't have any civil rights!"

Vicki Henry
Women Against Registry

• reply
• May 16, 2015
• 4:46 PM

J

Are you joking................. "For example, the report adopted a recommendation made by Sweden to "halt the detention of immigrant families and children, seek alternatives to detention and end use of detention for reason of deterrence."
Sweden is the Biggest perpetrator of this crime and others , no one in their right mind would take advice from a country that ignores its own Laws especially when it comes to its Own Citizens ...................Seriously

• reply
• May 16, 2015
• 9:02 PM

J

Its time Sweden address the myriad of human rights violations in its own country

• reply
• May 16, 2015
• 9:06 PM

Anonymous

I'll be watching,too!

• reply
• May 16, 2015
• 10:35 P

 

 

 

============================

UN Human Rights Committee Finds US in Violation on 25 Counts

Friday, 04 April 2014 10:23 By Adam Hudson, Truthout | News Analysis

While President Obama told the country to "look forward, not backward" when it came to Bush's torture program, the United Nations has taken a different route. Recently, the UN Human Rights Committee issued a report excoriating the United States for its human rights violations. It focuses on violations of the International Covenant on Civil and Political Rights, to which the country is party. The report mentions 25 human rights issues where the United States is failing. This piece will focus on a few of those issues - Guantanamo, NSA surveillance, accountability for Bush-era human rights violations, drone strikes, racism in the prison system, racial profiling, police violence, and criminalization of the homeless.

Accountability for Bush-Era Crimes; Torture

The UN committee expressed concerned with "the limited number of investigations, prosecutions and convictions of members of the Armed Forces and other agents of the US government, including private contractors" for "unlawful killingsin its international operations" and "torture" in CIA black sites during the Bush years. It welcomed the closing of the CIA black sites, but criticized the "meagre number of criminal charges brought against low-level operatives" for abuses carried out under the CIA's rendition, interrogation and detention program. The committee also found fault with the fact that many details of the CIA's torture program "remain secret, thereby creating barriers to accountability and redress for victims."

In response to the 9/11 terrorist attacks, the Bush administration jettisoned the Constitution and international law and openly embraced the use of torture against suspected terrorists captured overseas. The CIA tortured people in secret prisons around the world known as "black sites." Torture was sanctioned from the top down. Then-President George W. Bush, Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, National Security Advisor Condoleezza Rice, lawyers and many others in the executive branch played roles in crafting nifty ways to justify, approve and implement the use of torture. 

Rather than be held accountable, the top-level government officials responsible for authorizing torture and other crimes have been given comfort in the public sphere. Condoleezza Rice returned to Stanford University as a political science professor. John Yoo, who authored the torture memos, is a law professor at UC Berkeley. Jose Rodriguez, a former CIA officer in the Bush administration, vigorously defends torture in his autobiography and interviews. George W. Bush, Dick Cheney and Donald Rumsfeld are able to rest comfortably in retirement and continue to defend their records. 

Of the report's 25 issues, four looked at racial disparities within the United States' criminal justice system and law enforcement practices.

In the Guantanamo military commissions, evidence of torture is concealed. A "protective order" restricts what defense lawyers and the accused can say about how the defendants were treated in CIA black sites, including details of torture, because that information is classified. Defense lawyers have been fighting for declassification of those details, as they are mitigating evidence. 

The potential release of portions of the Senate Intelligence Committee's report on the CIA torture program could tip the scale the defense attorneys' favor. "There is every reason to believe the SSCI [Senate Select Committee on Intelligence] Report contains information about the CIA's torture of Mr. al Baluchi," said defense attorney James Connell, who represents Ammar al-Baluchi, one of the five 9/11 defendants, in a press statement. "The SSCI knows the truth of what happened, and the military commission considering whether to execute Mr. al Baluchi should know too." 

Racism in the Prison System; Racial Profiling; Police Brutality

Of the report's 25 issues, four looked at racial disparities within the United States' criminal justice system and law enforcement practices. It denounced the "racial disparities at different stages in the criminal justice system, sentencing disparities and the overrepresentation of individuals belonging to racial and ethnic minorities in prisons and jails." The committee condemned racial profiling by police and FBI/NYPD surveillance of Muslims - but it did welcome plans to reform New York City's "stop and frisk" program. It also denounced the continuing use of the death penalty and "racial disparities in its imposition that affects disproportionately African Americans." Finally, it expressed concern at "the still high number of fatal shootings by certain police forces" and "reports of excessive use of force by certain law enforcement officers including the deadly use of tasers, which have a disparate impact on African Americans, and the use of lethal force by Customs and Border Protection (CBP) officers at the US-Mexico border." 

The United States contains the largest prison population in the world, holding over 2.4 million people in domestic jails and prisons, immigration detention centers, military prisons, civil commitment centers and juvenile correctional facilities. Its prison population is even larger than those of authoritarian governments like China and Russia, which, respectively, hold 1,640,000 and 681,600 prisoners, according to the International Centre for Prison Studies. More than 60 percent of the US prison population are people of color. African Americans, while 13 percent of the national population, constitute nearly 40 percent of the prison population. Moreover, one in every three black males can expect to go to prison in their lifetime, compared to one in every six Latino males, and one in every 17 white males. Thus, black men are six times more likely to be incarcerated than white men. Even though whites and blacks use drugs at roughly the same rates, African Americans are more likely to be imprisoned for drug-related offenses than whites.

Every 28 hours, a black person is killed by a police officer, security guard, or self-appointed vigilante, according to a report by the Malcolm X Grassroots Movement. Recently in New York City, NYPD brutalized two teenage African-American girls at a Chinese restaurant in Brooklyn. A 16-year-old girl's face was slammed against the floor, while police threw the 15-year-old through the restaurant's window, shattering it as a result. The incident started when police ordered everyone to leave the restaurant, but one of the girls refused. 

While police violence against people of color has long existed, the militarization of American police exacerbates this trend. This trend began when Richard Nixon inaugurated the War on Drugs in the 1970s. Then in 1981, President Ronald Reagan signed the Military Cooperation with Civilian Law Enforcement Agencies Act, which provided civilian police agencies with military equipment, training, advice and access to military research and facilities. When 9/11 hit, police militarization kicked into overdrive with the creation of the Department of Homeland Security, which has given police still greater access military equipment like armored personnel carriers and high-powered weapons for anti-terrorism purposes. Now police look, act and think like the military, with dangerous consequences for the communities they serve. 

Among the report's suggestions to curb excessive police violence were better reporting of incidents, accountability for perpetrators, and "ensuring compliance with the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officers". The Basic Principles include a number of provisions, including "Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms" and "Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law."

Drone Strikes, Assassination

To execute its perpetual global war on terrorism, the Bush administration favored large-scale, conventional land invasions and occupations, as in Iraq and Afghanistan. Obama has moved away from such operations and embraced seemingly lighter tactics of irregular warfare to continue the perpetual war, while making it less visible to Americans. Extrajudicial killing and drone strikes are the most notable methods, but others include air strikes, cruise missile attacks, cyberwarfare, special operations, and proxy wars. 

These tactics have meant more use of the military's Joint Special Operations Command (JSOC) and the paramilitary branch of the CIA. Both the CIA and JSOC carry out drone strikes and sometimes collaborate in joint operations. The CIA, not the military, is legally mandated to launch covert operations, which are classified and unacknowledged by the US government. However, JSOC performs essentially the same operations, particularly extrajudicial killings. Thus, transferring control of the drone program from the CIA to the military would make little difference.

The UN report criticized the United States' assassination program and drone strikes. It expressed concerned with the "lack of transparency regarding the criteria for drone strikes, including the legal justification for specific attacks, and the lack of accountability for the loss of life resulting from such attacks." The United States' position for justifying its extrajudicial killing operations is that it is engaged in an armed conflict with al-Qaeda, the Taliban and "associated forces" - a term the Obama administration created to refer to co-belligerents with al-Qaeda - and that the war is in accordance with the nation's inherent right to self-defense against a terrorist enemy. 

However, the committee took issue with the United States' position, particularly its "very broad approach to the definition and the geographical scope of an armed conflict, including the end of hostilities." A May 2010 report by Philip Alston, former UN special rapporteur on extrajudicial, summary or arbitrary executions, notes that, under international law, states cannot wage war against non-state actors, such as international terrorist groups like al-Qaeda, because of their nebulous character and loose affiliations. 

The committee's report also took issue with "the unclear interpretation of what constitutes an 'imminent threat' and who is a combatant or civilian taking a direct part in hostilities, the unclear position on the nexus that should exist between any particular use of lethal force and any specific theatre of hostilities, as well as the precautionary measures taken to avoid civilian casualties in practice." 

So far, US drone strikes and other covert operations have killed between 2,700 and nearly 5,000 people.

Under international law, self-defense against an "imminent" threat is "necessity of that self-defense is instant, overwhelming, and leaving no choice of means, and no moment for deliberation." However, the Obama administration completely obliterated this meaning. In a 16-page white paper leaked to NBC News, the Obama administration believes that whether "an operational leader present an 'imminent' threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interest will take place in the immediate future." Thus, a "high-level official could conclude, for example, that an individual poses an 'imminent threat' of violent attack against the United States where he is an operational leader of al-Qa'ida or an associated force and is personally and continually involved in planning terrorist attacks against the United States" without any proof of an actual plot against the U.S. Thus, in Obama-lingo, the word "imminent" means the complete opposite of what it is in the English language.

There is no due process in the assassination program, either. President Obama and his advisors decide who will be killed by a drone strike in a secret internal executive branch process that occurs every Tuesday. Even American citizens are fair game for the assassination program. In fact, four US citizens have been killed by drone strikes, including a 16-year-old boy. A database called the "disposition matrix" adds names to kill or capture lists, ensuring the assassination program will continue no matter who is in office. Targeting for drone strikes is not based on human intelligence but, rather, signals intelligence, particularly metadata analysis and cellphone tracking. According to a report by The Intercept, the NSA geolocates a SIM card or mobile phone of a suspected terrorist, which helps the CIA and JSOC to track an individual to kill or capture in a night raid or drone strike. However, it is very common for people in places like Yemen or Pakistan, to hold multiple SIM cards, give their phones, with the SIM cards in them, to children, friends, and family, and for groups like the Taliban to randomly distribute SIM cards among their units to confuse trackers. As a result, since this methodology targets SIM cards rather than real people, civilians are regularly killed by mistake.

As with the word "imminent," the Obama administration utilizes its own warped definitions of "civilian" and "combatant." As The New York Times reported in May 2012, the Obama administration "counts all military-age males in a strike zone as combatants . . . unless there is explicit intelligence posthumously proving them innocent." 

Despite claims to the contrary, drone strikes kill a significant number of civilians and inflict serious human suffering. So far, US drone strikes and other covert operations have killed between 2,700 and nearly 5,000 people, including 500 to more than 1,100 civilians in Pakistan, Yemen and Somalia, according to the Bureau of Investigative Journalism's figures. Many of those deaths occurred under Obama's watch, with drone strikes killing at least 2,400 people during his five years in office. Only 2 percent of those killed by drone strikes in Pakistan are high-level militants, while most are low-level fighters and civilians. In addition to causing physical harm, drone strikes terrorize and traumatize communities that constantly live under them. 

Drone strikes have lulled in Pakistan due to peace talks between the Pakistani government and Pakistan Taliban, which collapsed on February 17. The last US drone strike in Pakistan happened on Christmas Day 2013. In Yemen, drone strikes have continued. Several US drone strikes in Yemen occurred during the first 12 days of March. Last November, six months after President Obama laid out new rules for US drone strikes, a TBIJ analysis showed that "covert drone strikes in Yemen and Pakistan have killed more people than in the six months before the speech." It also was recently reported that the Obama administration is debating whether to kill a US citizen in Pakistan who is suspected of "actively plotting terrorist attacks," according to The New York Times.  

It is very likely these operations will continue. The Pentagon's 2015 budget proposal, taking sequestration into account, spends $0.4 billion less than 2014 at $495.6 billion, shrinks the Army down to between 440,000 to 450,000 troops from the post-9/11 peak of 570,000, and protects money for cyberwarfare and special operations forces. Cyber operations are allocated $5.1 billion in the proposal, while US Special Operations Command gets $7.7 billion, which is 10 percent more than in 2014, and a force of 69,700 personnel. While President Obama promised to take the United States off a "permanent war footing," his administration's policies tell a different story. The Obama administration is reconfiguring, rather than halting, America's "permanent war footing." 

Guantanamo, Indefinite Detention

President Obama recommitted himself to closing the prison in Guantanamo last year, but has made little progress, which the UN report noted. The committee said it "regrets that no timeline for closure of the facility has been provided." It also expressed concern that "detainees held in Guantanamo Bay and in military facilities in Afghanistan are not dealt with within the ordinary criminal justice system after a protracted period of over a decade in some cases." 

The report called on the United States to expedite the transfer of prisoners out of Guantanamo, close the prison, "end the system of administrative detention without charge or trial" and "ensure that any criminal cases against detainees held in Guantanamo and military facilities in Afghanistan are dealt with within the criminal justice system rather than military commissions and that those detainees are afforded fair trial guarantees." 

Indefinite detention violates international human rights law, but has been embraced by Obama ever since he stepped into the White House.

Currently, 154 men remain held in the prison at Guantanamo Bay. Of those, 76 are cleared for release; around four dozen will remain in indefinite detention; 20 can be "realistically prosecuted," according to chief prosecutor Brig. Gen. Mark Martins' estimate; six are being tried in military commissions and two are serving sentences after being convicted in the commissions. 

President Obama promised to close Guantanamo right when he stepped into office. However, he has yet to fulfill that promise. Congressional obstructionism, especially from the Republican Party, has stalled his plans. For a long time, Congress blocked funding for transferring Guantanamo prisoners. Recently, though, Congress eased those restrictions, making it easier to transfer prisoners to other countries, but not to the United States. 

While the Obama administration is working to close the prison at Guantanamo, it maintains the policy of indefinite detention without trial, designating nearly four dozen Guantanamo prisoners for forever imprisonment. Obama's original plan to close Guantanamo was to open a prison in Illinois to hold Guantanamo detainees, many indefinitely. While soon killed, this plan would have effectively moved the system of indefinite detention from Guantanamo to US soil. Now the Obama administration is considering opening a prison in Yemen to hold the remaining Guantanamo prisoners, many of whom are Yemeni. Indefinite detention violates international human rights law, but has been embraced by Obama ever since he stepped into the White House. The 2012 National Defense Authorization Act (NDAA) that Obama signed into law contains sections that allow for the indefinite detention of US citizens on American soil. 

NSA Surveillance

Notably, the UN report denounced the NSA's mass surveillance "both within and outside the United States through the bulk phone metadata program (Section 215 of the PATRIOT Act) and, in particular, the surveillance under Section 702 of Amendments to the Foreign Intelligence Surveillance Act (FISA) conducted through PRISM (collection of the contents of communications from US-based companies) and UPSTREAM (tapping of fiber-optic cables in the country that carry internet traffic) programs and their adverse impact on the right to privacy. "The report also criticized the secrecy of "judicial interpretations of FISA and rulings of the Foreign Intelligence Surveillance Court (FISC)," which prevent the public from knowing the laws and legal interpretations that impact them. Promises of "oversight" obviously did not persuade the committee, either, as it said "the current system of oversight of the activities of the NSA fails to effectively protect the rights of those affected," and "those affected have no access to effective remedies in case of abuse." 

Continuing NSA leaks, provided by former intelligence contractor Edward Snowden last year, have revealed the depth of the United States' massive surveillance system. The bulk collection of phone metadata is probably the most well-known program. Recently, President Obama proposed ending the bulk phone metadata collection program. But the NSA's surveillance system extends far beyond phone metadata. 

In a program called PRISM, the NSA collects user data, such as search history and message content, sent through internet communication services like Google, Yahoo!, Facebook and Skype. Major tech companies have denied knowledge of the program, but the NSA claims those companies knew and provided full assistance. The NSA uses a back door in surveillance law to monitor the communications of American citizens without a warrant. As mentioned earlier, the NSA is also involved in the drone program through the collection of signals intelligence. Additionally, much of NSA surveillance is used for economic espionage. With the help of Australian intelligence, the NSA spied on communications between the Indonesian government and an American law firm representing it during trade talks. Indonesia and the United States have long been in trade disputes, such as over Indonesia's shrimp exports and a US ban on the sale of Indonesian clove cigarettes. It is highly unlikely Obama's reforms will curb these abuses. 

Criminalizing the Homeless

The plight of homeless people is rarely held up as a pressing human rights issue. But, in the UN report, it is. The committee expressed concern "about reports of criminalization of people living on the street for everyday activities such as eating, sleeping, sitting in particular areas etc." It also "notes that such criminalization raises concerns of discrimination and cruel, inhuman, or degrading treatment."

For evidence of such criminalization and of "cruel, inhuman, or degrading treatment," look no further than to the liberal, historically countercultural city of San Francisco. The city that smugly prides itself on progressivism has a sit-lie ordinance that forbids people from sitting or lying on public sidewalks between 7 AM and 11 PM. It particularly hurts and targets homeless people. 

In the same city, homeless people are washed away. Street cleaners from the San Francisco Department of Public Works regularly spray their high-powered hoses at homeless people sleeping on the streets.

Recently, in Albuquerque, New Mexico, police shot and killed a homeless man. His crime? Illegal camping . . . in the Albuquerque foothills. Albuquerque police went to arrest 38-year-old James Boyd, who was sleeping in a campsite he set up. After arguing with police for three hours, Boyd was apparently about to leave and picked up his belongings. As he started walking down the hill, police shot a flash-bang device at Boyd. Disoriented, he dropped his bags, appeared to take out a knife, and then police fired multiple bean-bag rounds at Boyd. The man fell to the ground, hitting his head on a rock, his blood spattered on it. Officers yelled at him, telling Boyd to drop his knife. When Boyd didn't answer, police fired more bean-bag rounds and sicced their dog on him. Boyd was later taken to a hospital and pronounced dead a day later. In addition to stun guns and bean bags, officers shot six live rounds at Boyd. The shooting prompted an FBI investigation, which is ongoing, and a protest in Albuquerque that was met with intense police violence as officers fired tear gas into the crowd. 

Clean Your Own Backyard

The UN report elevates the suffering inflicted by US domestic and foreign policies to the realm of international human rights. To be tortured, spied on, unjustly imprisoned, put in solitary confinement, indefinitely detained, extrajudicially killed by the state, racially profiled, deprived of a home and criminalized for being homeless is to have one's basic human rights violated and dignity as a human demolished. That's why there are international laws to protect those rights - laws with which the United States and every nation-state are bound to comply. Even as the United States commonly condemns other countries for their human rights abuses, it has yet to clean its own house. 

Copyright, Truthout. May not be reprinted without permission.

Adam Hudson

Adam Hudson is a reporting fellow at Truthout. He typically covers national security issues, Guantánamo, human rights, gentrification and policing. For fun, he likes to play drums in a Bay Area alternative rock band called Sunata. Follow him on Twitter @adamhudson5.

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UN Condemns U.S. Police Brutality, Calls For 'Stand Your Ground' Review

Reuters  |  By Stephanie Nebehay

Posted: 08/30/2014 8:31 am EDT Updated: 09/01/2014 6:59 pm EDT

* ACLU calls for addressing racial inequality in America

GENEVA, Aug 29 (Reuters) - The U.N. racism watchdog urged the United States on Friday to halt the excessive use of force by police after the fatal shooting of an unarmed black teenager by a white policeman touched off riots in Ferguson, Missouri.

Minorities, particularly African Americans, are victims of disparities, the U.N. Committee on the Elimination of Racial Discrimination (CERD) said after examining the U.S. record.

"Racial and ethnic discrimination remains a serious and persistent problem in all areas of life from de facto school segregation, access to health care and housing," Noureddine Amir, CERD committee vice chairman, told a news briefing.

Teenager Michael Brown was shot dead by a white police officer on Aug. 9, triggering violent protests that rocked Ferguson - a St. Louis suburb - and shone a global spotlight on the state of race relations in America.

"The excessive use of force by law enforcement officials against racial and ethnic minorities is an ongoing issue of concern and particularly in light of the shooting of Michael Brown," said Amir, an expert from Algeria.

"This is not an isolated event and illustrates a bigger problem in the United States, such as racial bias among law enforcement officials, the lack of proper implementation of rules and regulations governing the use of force, and the inadequacy of training of law enforcement officials."

The panel of 18 independent experts grilled a senior U.S. delegation on Aug. 13 about what they said was persistent racial discrimination against African-Americans and other minorities, including within the criminal justice system.

U.S. Ambassador Keith Harper told the panel that his nation had made "great strides toward eliminating racial discrimination" but conceded that "we have much left to do".

Ferguson Police Officer Darren Wilson, who shot Brown, has been put on paid leave and is in hiding. A St. Louis County grand jury has begun hearing evidence and the U.S. Justice Department has opened its own investigation.

Police have said Brown struggled with Wilson when shot. But some witnesses say Brown held up his hands and was surrendering when he was shot multiple times in the head and chest.

"STAND YOUR GROUND" LAWS

In its conclusions issued on Friday, the U.N. panel said "Stand Your Ground" Laws, a controversial self-defense statute in 22 U.S. states, should be reviewed to "remove far-reaching immunity and ensure strict adherence to principles of necessity and proportionality when deadly force is used for self-defense".

Ron Davis, father of Jordan Davis, a 17-year-old shot dead in a car in Jacksonville, Florida during an argument over loud rap music in November 2012, attended the Geneva session. Sybrina Fulton, mother of Trayvon Martin, an unarmed black teen killed in Miami, Florida by a neighborhood watch volunteer, testified.

The U.N. panel monitors compliance with a treaty ratified by 177 countries including the United States.

"The Committee remains concerned at the practice of racial profiling of racial or ethnic minorities by law enforcement officials, including the Federal Bureau of Investigation (FBI), Transportation Security Administration, border enforcement officials and local police," it said, urging investigations.

The experts called for addressing obstacles faced by minorities and indigenous peoples to exercise their right to vote effectively. This was due to restrictive voter identification laws, district gerrymandering and state-level laws that disenfranchise people convicted of felonies, it said.

Jamil Dakwar of the American Civil Liberties Union (ACLU) said the U.N. recommendations highlighted "shortcomings on racial equality that we are seeing play out today on our streets, at our borders and in the voting booth.

"When it comes to human rights, the United States must practice at home what it preaches abroad," he said.

 

 

UN Torture Report Condemns US Human Rights Abuses

A new U.N. report showed a myriad of human rights violations committed by the U.S. government. Is the Defense Department doing nothing to prevent reprisals or future attacks?

Published: December 1, 2014

The United Nations Committee Against Torture released a report addressing a myriad of human rights violations committed by the U.S. government. While commending President Obama for qualifying enhanced interrogation techniques as torture, the U.N. Committee decries his administration’s lack of transparency, refusal to prosecute, and inability to prevent rampant abuse.

In its first review of the U.S. since 2006, the U.N. Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment held hearings in Geneva throughout November. U.S. Representative to the Human Rights Council Keith Harper and State Department Acting Legal Adviser Mary McLeod gave statements during the proceedings, while the parents of Michael Brown testified against police brutality.

“The United States is proud of its record as a leader in respecting, promoting, and defending human rights and the rule of law, both at home and around the world,” stated McLeod. “But in the wake of the 9/11 attacks, we regrettably did not always live up to our own values, including those reflected in the Convention. As President Obama has acknowledged, we crossed the line and we take responsibility for that.”

In the conclusion of its report, the Committee applauded President Obama’s statements qualifying enhanced interrogation as torture at a press conference on August 1. The president admitted, “In the immediate aftermath of 9/11, we did some things that were wrong. We did a whole lot of things that were right, but we tortured some folks. We did things that were contrary to our values.”

While lauding the president for signing Executive Order 13491, which revokes the use of torture on detainees, the Committee heavily criticizes the CIA’s lack of information regarding rendition, black sites, harsh interrogation techniques, and prisoners’ deaths. Focusing on the prolonged declassification process of the Senate Select Committee on Intelligence’s report on the CIA’s detention and torture program, the Committee denounces the CIA’s constant efforts in redacting information and stalling the release of the report. After hacking into the Senate Intelligence Committee’s computers and falsely accusing the oversight committee of theft, CIA Director John Brennan has savagely fought against the release of the Senate’s report.

The CIA and Defense Department have been responsible for numerous deaths involving human rights abuses against detainees. In November 2002, CIA officers left black site detainee Gul Rahman half-naked in an unheated cell overnight where he ended up freezing to death. At the Abu Ghraib prison in 2003, Manadel al-Jamadi died in a shower room under CIA interrogation with his arms tied behind his back. Between June 19 and 20, 2003, CIA contractor David Passaro beat an Afghan suspect named Abdul Wali to death with a metal flashlight. On November 9, 2005, CIA Director of National Clandestine Service Jose Rodriguez, Jr. authorized the burning of 92 videotapes depicting the enhanced interrogation of Abu Zubaydah and ’Abd al-Nashiri.

Deeply concerned about force-feeding practices and the indefinite detention of Guantanamo prisoners, the report calls for investigations into allegations of torture and the utilization of biased military commissions. Although Section 3 of Executive Order 13492 required Guantanamo’s detention facilities to be shut down by 2010, the report states 148 men remain imprisoned within the facility. Nine detainees have died since 2006 including seven suicides. Mass hunger strikes have led to brutal force-feeding practices that have been condemned by the Committee.

The report strongly criticizes the widespread prevalence of sexual violence including rape in jails, prisons, and other detention facilities. The Committee also notes the majority of detention facilities do not have statutes restricting the shackling of incarcerated pregnant women.

In 2012, 958 inmates died in the custody of local jails while 3,351 died in state prisons. After multiple reports of botched executions, the Committee denounced subjecting condemned prisoners to excruciating lethal injections. The report also encourages the U.S. government to abolish the death penalty.

Concerned with excessive police brutality and the militarization of local law enforcement, the Committee is highly critical of the overuse of Tasers and acts of torture committed by Commander Jon Burge and his men within the Chicago Police Department. Operating for decades with impunity, Burge tortured over 100 people to obtain false confessions. Convicted of perjury in 2010, Burge only spent four years in prison due to the fact that the statute of limitations prevents prosecutors from charging him and his fellow officers with the multiple counts of torture. After costing Chicago and Cook County nearly $100 million in legal fees and settlements, Burge still receives a $4,000 monthly pension from the city.

The Committee concluded the report by addressing the prevalence of rape in the military and the Defense Department’s failure to deter further sexual assaults. Refusing to actively investigation numerous rape allegations, the military turns a blind eye to human rights abuses within its ranks. By handing out light sentences to convicted rapists, the Defense Department does nothing to prevent reprisals or future attacks.

“The Obama administration needs to match its rhetoric with actions by supporting full accountability for torture,” asserted American Civil Liberties Union Human Rights Program Director Jamil Dakwar, who attended the review in Geneva. “As a start, that means allowing the release of the Senate’s torture report summary without redactions that would defeat report’s primary purpose, which is to expose the full extent of government abuse. It also means ensuring a top-to-bottom criminal investigation of the torture that occurred.”

The Rising Costs of US Income Inequality

Opening on Thanksgiving Backfires for Retail Store

 

 

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With end of Syria war in sight, so must a postwar plan

The US and other nations have stepped up their military role in Syria as the Assad regime weakens. But they must not repeat the mistake made in Iraq and Afghanistan and hold low expectations for postwar reconstruction. Muslim societies can be democratic.

By the Monitor's Editorial Board 10 hours ago

 

 

Syria’s long war is not over yet but the world might want to start planning for it. Here are signs that the end could be nigh:

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5. Syria rebels urge US to help create safe havens AFP

Despite a reluctance to deploy combat soldiers in Syria, President Obama sent Special Operations forces to the country Friday to kill a top Islamic State leader. Also this month, the US began to train hundreds of Syrian rebels to take on IS – rebels who could also help topple the Assad regime. And Mr. Obama may need to revisit his 2013 threat to strike Syria now that international inspectors have found evidence that the regime kept chemical weapons after claiming to get rid of them.

In addition, Obama backs a new coalition between Saudi Arabia, Turkey, and Qatar that is preparing a Syrian rebel force – known as the Army of Conquest  – for a major offensive. Last week, the US consulted Russia to seek its assistance in ending the war. And if the US talks with Iran go well in coming weeks, the critical Iranian support for Syrian President Bashar Assad could weaken.

All this raises an obvious question: Who is planning for a post-Assad Syria? Opposing a dictator or ridding Syria of terrorists and chemical weapons carry a moral force of their own. But equally important is taking responsibility for creating a just peace in a post-war Syria. Millions of refugees must be resettled. A new government must be installed, preferably democratic. Massive aid will be needed.

The United States must not repeat the mistake it made in Afghanistan and Iraq after liberating those countries – the mistake of low expectations for Muslim countries with tribal differences in their ability to achieve democratic reform. Inadequate resources and attention were given those two countries during the early years of their recovery, in part because of low hopes for societies seen as too deficient for progress.

US hesitancy to become entangled in the Syrian war is understandable. Simply knowing which rebels are pro-democracy has been difficult enough. And the use of American drones has kept IS in check. But the war itself has left a political vacuum for groups like IS to set up shop. Stopping IS will not be enough. Syria needs a stable government. And with the regime now appearing to wobble, the broad international coalition of countries, led by the US, must also begin to plan for a post-war Syria.

In a few areas liberated by the rebels, attempts have been made to set up civil governance. This is a good sign that Syrians are eager to create a democracy – the same desire that led to the 2011 uprising against Assad. And the coalition of six Arab monarchies known as the Gulf Cooperation Council pledged last week to support post-war reconstruction in Syria.

The US came to realize after many years in Iraq and Afghanistan that it needed to lead the efforts to boost those countries in both aid and arms. It should avoid the same mistake in Syria. But it will take a shift in thinking that Syria is worth the investment. Syrians themselves, along with Turkey and Saudi, must do the most work. But the US, as the security partner of so many Middle East states, has a special role. It must not accept Syria as too flawed to succeed or prone to cycle of violence. Expectations must be raised.

Related stories

 

 

China Builds an "Unsinkable Aircraft Carrier" in the South China Sea

In fact, they may be building as many as seven.

 

In World War II, U.S. admirals often referred to the string of islands and atolls they were capturing as "unsinkable aircraft carriers" to be used in the war against Japan. In World War III, will islands be used this way again?

That's the fear keeping Pentagon planners up at night, as China embarks on a months-long project to dredge up oceanic coral and sand, pile it above water atop half-flooded reefs in the Spratly Island chain -- and turn them into military bases for the Chinese navy and air force. But why is China doing this? Who will benefit? And what will it cost?

Middle (of the ocean) Kingdom
As described in multiple articles in The Wall Street Journal this week, China is bolstering claims to absolute sovereignty over the South China Sea by building military bases atop seven reefs spread across the Spratly Islands. In fact, these islands are located closer to Vietnam, Malaysia, and the Philippines. But China government spokesman Zhu Haiquan  calls them essential to, as the Journal paraphrased, "safeguarding territorial sovereignty and maritime rights and helping China fulfill international responsibilities in a number of areas, such as maritime search and rescue."

The United States acknowledges Chinese claims to certain "legitimate," already-above-water islands within the South China Sea. But it disputes China's right to build entirely new islands -- and then claim them as sovereign Chinese territory.

Naval base under construction on Cuarteron Reef.

But if China's claims to the Spratlys are so tenuous, why make them?

Methods to the madness
Several reasons. For one, much of the world's seagoing commerce traverses the South China Sea -- and the Spratly Islands. As an export-driven economy, China has an interest in keeping an eye on this commerce. Constructing a chain of unsinkable aircraft carriers in the South China Sea is one way to do that.

Chinese fleet occupying Subi Reef, with dredging/building work in progress.

Ongoing territorial disputes with its southeast Asian neighbors are another reason for China building its territorial claims into literal "facts on the ground." In Vietnamese waters, in the Philippines, and even right next door in Japan, tempers are flaring over everything from jurisdictional disputes to fishing rights.

But once China gets a foothold in the South China Sea, it will become dreadfully difficult to kick it back out. As retired U.S. Army Col. David Hunt explained to me in an interview on Russia's moves in the Arctic, once someone has "put a flag on" an island, anyone else who wants that island has two choices: "negotiate, or shoot him off it."

Viewed from above, the Chinese military base at Hughes Reef already looks like a walled fortress.

Gee, that doesn't sound good...
Which brings us to what many experts think is the most important motivator behind China's land grab in the South China Sea: oil. 

According to the United States Energy Information Agency, while no one has confirmed the presence of actual "proved or probable" oil reserves on the ocean floor beneath the Spratlys, the area "may contain significant deposits of undiscovered hydrocarbons." The U.S. Geological Survey estimates there could be "anywhere between 0.8 and 5.4 (mean 2.5) billion barrels of oil and between 7.6 and 55.1 (mean 25.5) Tcf of natural gas in undiscovered resources" in the area.

And China wants it all.

China's island-building mischief is just getting started at Mischief Reef.

What price oil wealth?
Now, that works out to an average guess of 6.9 billion "barrels of oil equivalent" located under the Spratlys. (Hat tip to kylesconverter.com for the conversion calculator.) At today's price of roughly $60 a barrel, that's roughly $414 billion in oil wealth that could soon be added to the reserves of China's CNOOC oil company -- which is already drilling in disputed waters off Vietnam. To control it,  ]China aims to create roughly 2,000 acres of new islands, turning each one into the epicenter of an exclusive economic zone, scatttered all over the South China Sea.

How much will that cost?

About a decade ago, Dubai spent $14 billion to build 12,800 acres of new land in its "The World" island-building project. That works out to about $1.4 million per acre in today's dollars. Multiply that by 2,000 acres, and it could cost China as little as $2.8 billion to build its islands -- a bargain considering the amount of oil the country will then control.

Closer to the Spratlys both chronologically and geographically, Malaysia is building a "Forest City" island in the straits off Johor today. That project will cost a reported $86.4 billion to reclaim 4,050 acres -- about $21.3 million per acre. At that price per acre, China's unsinkable aircraft carriers could cost it $42.6 billion. Pricier, but still arguably a bargain with 10 times as much oil wealth at stake.

Either way, while U.S. forces are contesting China's claims, the Journal quotes senior U.S. officials as saying, "We're just not going within the 12 miles -- yet" of territorial waters that China would be entitled to under international law, if its islands are deemed legitimate Chinese territory. For the time being, China's claims to the oil -- like the islands it's building -- are only growing stronger.

What might China's islands look like once completed? Check out the Royal Malaysian Naval Station at Layang-Layang Airport on Swallow Reef, to the south of where most of this brouhaha is brewing.

 

 

 

Gates, Richest Man, Says $40,000 Goes Further These Days

 

 

Microsoft Corp. co-founder Bill Gates, the world’s richest person, said the U.S. economy is strong and that it’s “just nonsense” to suggest current tax rates restrain growth by discouraging innovation.

The world’s largest economy is struggling to gain momentum, and tepid wage growth continues even as the unemployment rate is at the lowest level since May 2008.

Gates, whose net worth is estimated at $86 billion, according to the the Bloomberg Billionaires Index, said a person making $40,000 a year is better off now than someone making an equivalent salary decades ago because inventions like the Internet boost the quality of life.

“It’s not quite as negative a picture as a pure GDP look would give you,” Gates said on CNN’s “Fareed Zakaria GPS” on Sunday. “It doesn’t mean we shouldn’t worry about middle class incomes, but the comparisons overstate the lack of progress.”

Addressing costs that have climbed, such as the price of a college education, Gates, who left Harvard University without graduating to create Microsoft with Paul Allen, said most people should consider a state university with lower tuition.

Gates scoffed at comparisons linking taxes and regulation to slower growth. “The idea that there’s some direct connection, that all these innovators are on strike because tax rates are at 35 percent on corporations, that’s just such nonsense.”

Tax Offsets

The current nominal level of U.S. corporate taxes is offset by elements such as overseas deferments and accelerated depreciation, Gates said.

“Corporate profit as a percent of U.S. GDP, the tax, corporate profit tax, is 2 percent. It used to be 4 percent. That’s at a time where corporate profits are at an all-time high,” he said.

“What’s actually being paid is way less. And the notion that change in that nominal rate will unlock something, you know, overstates how you improve things.”

Gates, 59, stepped down as Microsoft’s chief executive officer in 2000 and established, with his wife, the Bill & Melinda Gates Foundation, which fights hunger, disease and poverty in the developing world. The foundation had a total endowment of $43 billion at the end of 2014.

In 2010, Gates joined billionaires including Warren Buffett, chairman of Berkshire Hathaway Inc. and No. 2 on the Bloomberg Billionaires Index, and Oracle Corp. CEO Larry Ellison, in signing the “Giving Pledge,” a vow to give away the majority of his fortune to charity.

 

 

 

 

 

 

Liquidity Is Finding Its Way Into China's Economy: ANZ

8:13 PM EDT
May 17, 2015

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ANZ Chief Asia-Pacific Economist Glenn Maguire discusses the key data that is coming out this week. He speaks to Bloomberg’s Angie Lau on “First Up.” (Source: Bloomberg)

 

 

 

 

 

Emergency relief is never enough,’ says Ban, urging UN to help Nepal build back better

 

15 May 2015 – Over the past three weeks, the lives of eight million Nepalese people has been “changed beyond recognition,” Secretary-General Ban Ki-moon told the United Nations General Assembly today, as he called on the international community to rally in support of the country and invest for the long haul so that it can sustain itself as it recovers and rebuilds from a devastating earthquake.

During a special Assembly session that saw the adoption of a resolution on ‘Strengthening emergency relief, rehabilitation and reconstruction in response to the devastating effects of the earthquake’, Mr. Ban expressed condolences to everyone who lost a family, friend or loved one during the massive 7.8 magnitude quake that struck Nepal on 25 April, killing more than 8,200. Another powerful temblor shook the country this past Tuesday, killing dozens more and dealing another blow to Nepal’s severely crippled infrastructure.

Through their consensus resolution, Member States requested the Secretary-General and the wider UN system to continue to assist Nepal in ensuring effective coordination of the national and international relief, and reconstruction efforts. Under the terms of the text, the 193-member body also emphasized the importance of linking relief with rehabilitation and development from very early on, of building resilience and “building back better.”

“Emergency relief is never enough,” said Mr. Ban as he took to the podium before Member States adopted the resolution.

“People must also be able to sustain their livelihoods. Efforts to stimulate small and medium enterprises will have long-reaching benefits. Nepal has been torn apart, years of development gains destroyed. Basic social services, in particular healthcare and education, have been interrupted. Tourism and communication have all suffered highly,” he added.

The Nepal Earthquake Flash Appeal launched by the UN Office for the Coordination of Humanitarian Affairs (OCHA) stands at $423 million to support people through immediate lifesaving aid operations. But the appeal is currently only 14 per cent funded, Mr. Ban pointed out.

“Three weeks since the earthquake, humanitarian operations are intensifying and relief goods are entering the country more quickly. Humanitarian agencies are relying on the local communities and are using every means possible to reach communities that are cut off from transformation networks,” he emphasized.

Hundreds of thousands of people were left homeless and countless more without food, water, and healthcare. Some of the hard-hit villages are in the toughest to reach areas. Since the quake hit, more than a million people have been reached with food. Emergency health teams are present across the country.

“Humanitarian aid is making a difference but we need to do more with the monsoon season starting in June more than half a million people must have emergency shelter before the heavy rain starts,” Mr. Ban said.

Making sure aid is delivered is especially critical now as monsoon season approaches. It is also currently planting season and next year’s harvest will be severely affected unless farmers can plant their seeds now. But some areas of Nepal has lost all their water and sanitation facilities.

“I cannot stress enough the importance of getting aid and clean water supplies to everyone in need over the next few weeks,” Mr. Ban said, pointing out that discussions between the Nepalese Government, European Union, development banks and United Nations are already underway.

Echoing that sentiment, acting Vice-President of the General Assembly, Kaha Imnadze, speaking on behalf of General Assembly President Sam Kutesa stressed that access to health care, sanitation and hygiene services are critical priorities that must be addressed.

“As we have learned from similar natural disasters, increases in mortality, morbidity and outbreaks of communicable diseases can be prevented through access to basic health care and clean water,” he added.

“Beyond the needs of urban centres, people displaced from rural villages need to be able to return to their homes before the start of the planting season. Failing to enable people to return to their respective villages to plant crops could have severe consequences for the country’s food security,” Mr. Imnadze emphasized.

In coordinating relief efforts, it is important to bear in mind there is only a “small window of opportunity” to assist affected communities.

“With the monsoon season set to start in June, it is of utmost important that a comprehensive relief effort is launched as quickly and efficiently as possible,” he added.

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News Tracker: past stories on this issue

Nepal’s emergency preparedness saved lives in earthquake aftermath – UN health agency

 

 

 

 

New UN report calls for economic inclusivity to drive growth in Asia-Pacific region

 

14 May 2015 – While developing economies in the Asia-Pacific region continue to fare well in comparison to the rest of the world, structural weaknesses, like infrastructure shortages and excessive dependence on commodities will continue to hamper their growth potential, a new United Nations report on the region says, calling for greater economic inclusivity if sustainable development is to succeed.

“To enhance well-being, countries need to go beyond just focusing on 'inequality of income' and instead promote 'equality of opportunities,'” said Shamshad Akhtar, Executive Secretary of the UN Economic and Social Commission for Asia and the Pacific (ESCAP) on the launch in Bangkok today of the 2015 economic and social survey of the region, Making Growth More Inclusive for Sustainable Development.

In the report's preface, she notes that as the international community transitions globally from the landmark Millennium Development Goals (MDGs) to a more ambitious path of sustainable growth and development, inclusiveness must be integrated and mainstreamed in policymaking. Indeed, ESCAP's 2015 Survey for the region underscores the need for the adoption of policies necessary for inclusive growth, which is both a prerequisite for meeting the outstanding MDG commitments and critical for effective implementation of an ambitious sustainable development agenda in the post-2015 era.

Ms. Akhtar stressed the need to promote quality growth and shared prosperity, calling on regional policymakers to integrate and mainstream inclusive growth. Inclusiveness, she said, requires continued stability and sustainable growth.

“Adopting ESCAP's new multidimensional Index will assist policymakers to better review and monitor progress on inclusive growth,” Ms. Akhtar explained, referring to the Commission's newly introduced Index of Inclusiveness, which provides indicators on the economic, social and environmental dimensions of development and seeks to enable a more comprehensive analysis of inclusiveness.

According to the report, the Asia-Pacific growth trajectory, while encouraging in some areas, lags behind in others, and is in a process of adjustment in major economies of the region. Augmenting and enhancing inclusiveness will only be achieved if accompanied by a multidimensional strategy that recognizes the need for simultaneous advances in the economic, social and environmental aspects of development.

Despite the challenges, the Survey shows developing economies in the Asia-Pacific region will continue to perform well compared to the rest of the world. Growth in the region's developing economies, at 5.9 per cent, will remain at a similar rate in 2015 compared to 2014, when the figure was 5.8 per cent, while inflation should remain low thanks to low international oil prices.

According to the report, the region stands out for its economic growth achievements, albeit in a somewhat uneven manner. Real incomes per capita in developing economies of the region have doubled on average since the early 1990s. Particularly impressive is a seven fold increase in real income per capita in China since 1990, as well as its tripling in Bhutan, Cambodia and Viet Nam over the same period.

Besides other policies, this economic growth performance has helped lift millions of people out of extreme poverty– ahead of the 2015 MDG deadline – and reduced by half the proportion of people whose income is less than $1 a day.

The Survey found significant reductions in extreme poverty alongside rising income inequality, particularly in urban areas of developing countries, while growth in the availability of productive and decent employment would remain low. Progress was also needed in boosting equality of opportunity, especially for women and girls, by broadening access to quality education and adequate health care.

The report also highlighted some of the critical policy issues for subregions, including excessive dependence on natural resources and worker remittances for economic growth in North and Central Asia, as well as employment and climate-related challenges in Pacific island developing countries. Macroeconomic imbalances and severe power shortages are key concerns in South and South-West Asia, along with weaknesses in infrastructure and skilled labour shortages in South-East Asia.

As illustrated by the recent earthquake in Nepal, which provided a fresh reminder of how natural disasters can reverse economic and social gains, with massive loss of life and livelihoods, the region would remain susceptible to risks and uncertainties. As well as the danger posed by natural disasters, fresh bouts of financial market volatility, delays in addressing structural impediments, and political disruptions also posed threats.

In pursuit of such inclusive growth, Ms. Akhtar also urged Asia-Pacific Governments to focus on domestic resource mobilization, from national budgets to the private sector.

“While traditional sources of finance such as tax revenues and official development assistance are important, in order to bridge the wide financing gap, efforts to deepen the region's capital markets and engage the private sector must be intensified,” she said.

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News Tracker: past stories on this issue

UN agency urges Southeast Asian countries to strengthen efforts to combat people smuggling

 

 

 

 

 

Ban urges borders and ports be kept open to thousands stranded at sea in Southeast Asia

 

14 May 2015 – United Nations Secretary-General Ban Ki-moon today expressed alarm that some Southeast Asian countries may be refusing entry to several thousand people believed to be stranded on smugglers’ boats in the Andaman Sea and Straits of Malacca, and urged leaders in the region to keep their borders and ports open.

“The Secretary-General is concerned about the crisis evolving in the Andaman Sea and Straits of Malacca, where several thousand people are believed to be stranded on smugglers’ boats,” said a statement issued through his spokesperson. “He is alarmed by reports that some countries may be refusing entry to boats carrying refugees and migrants.”

In the statement, Mr. Ban also urged governments in the region to ensure that the obligation of rescue at sea is upheld and the prohibition on ‘refoulement’ is maintained. Refoulement is the forcible return of individuals to their country of origin where they could face persecution.

The Secretary-General “also urges Governments to facilitate timely disembarkation and keep their borders and ports open in order to help the vulnerable people who are in need,” the statement said.

The Office of the UN High Commissioner for Refugees (UNHCR) has also expressed alarm at reports suggesting that Indonesia and Malaysia may have pushed back boats carrying vulnerable people from Myanmar and Bangladesh.

UNHCR said it has asked countries in Southeast Asia to approach this issue as a regional one with real human consequences and has offered to support States to interview the different groups and to help target solutions to their specific needs, as those being rescued are likely to be a mix of refugees, economic migrants, victims of trafficking, unaccompanied and separated children among those being smuggled.

In his statement today, the Secretary-General said he “has taken note of the efforts to organize a regional summit and calls on all leaders of Southeast Asia to intensify individual and collective efforts to address this worrying situation and tackle the root causes, of which the push factors are often human rights violations.”

“In this regard, he reminds States of their obligations under international law; he emphasizes the need for a timely, comprehensive, rights-based, predictable and effective response,” according to the statement.

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News Tracker: past stories on this issue

UN voices alarm over ‘pushbacks’ of boats carrying migrants in Southeast Asia

 

 

 

 

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Security Council welcomes Central African Republic national forum, urges implementation of peace pact

16 May – The Security Council has welcomed the recent national reconciliation forum held in the Central African Republic (CAR) and the inclusive, grassroots-level manner in which the consultations were carried out, particularly by ensuring the participation of women, and called on the country's Transitional Authorities, with the support of the United Nations, to speedily implement the forum's outcomes.

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Ban hails Mali peace agreement as ‘important step’ towards stability

15 May – United Nations Secretary-General Ban Ki-moon has welcomed the signature of a peace agreement between the Government of Mali and members of the Plateforme coalition of armed groups in a key step towards bringing stability and security back to the beleaguered country.

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Libya: UN mission urges end to abduction of civilians, warns of criminal liability for such acts

15 May – Armed groups across Libya are responsible for abductions of civilians including minors on account of their actual or perceived origin, opinion, family and political affiliation, the United Nations mission in the country said today.

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Amid ‘extremely tense situation’ in Burundi, UN rights chief warns against reprisals in wake of failed coup

15 May – The United Nations human rights chief has voiced concern over the developments in Burundi over the past two days following a reportedly failed coup d’état in the country’s capital and urged all armed forces and non-state actors to refrain from actions that may endanger civilians.

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‘Untold suffering’ of South Sudanese people must end, UN envoy tells Security Council

14 May – The security situation in South Sudan deteriorated further during late April and early May, the head of the United Nations mission in the country warned today as she briefed the Security Council on the “very worrying” developments that have had a devastating effect on civilians.

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UN-facilitated accord leads to release of some 350 children in Central African Republic

14 May – In the single largest release of children associated with armed groups in the Central African Republic since violence erupted there some two years ago, some 350 children have been freed following an agreement facilitated by the United Nations Children's Fund (UNICEF) that will allow them and thousands of others to reclaim their lives and resume their childhood.

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Burundi: UN chief urges restraint, condemns all attempts to oust elected governments by military force

14 May – Calling urgently for calm and restraint in Burundi, United Nations Secretary-General Ban Ki-moon today condemned all attempts to oust elected governments by military force and appealed to the country’s political and security leaders to “clearly and openly reject the use of violence, refrain from acts of revenge, and rein in their militants.”

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UN refugee chief visits Kenya and Somalia to discuss future of Dadaab camp

14 May – The United Nations refugee chief has completed a visit to Kenya and Somalia where he held successful meetings with the Presidents of both countries and discussed issues related to refugees and returnees, particularly regarding the hundreds of thousands of people in Dadaab camp.

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South Sudan: UN ramps up airlifts to reach conflict-hit farmers ahead of planting season

14 May – As the main planting season begins in South Sudan, the UN's Food and Agriculture Organization (FAO) has announced today that it is accelerating its efforts to get vital seeds, tools and other materials to some of the country's most vulnerable farmers.

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Rebel group responsible for ‘grave violations’ in DR Congo massacres, says UN report

13 May – A United Nations human rights report released today says that a Uganda-based rebel group has committed grave violations of international humanitarian law in crisis-riven north-eastern Democratic Republic of the Congo (DRC).

Americas

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Haiti: senior UN official says cholera outbreak needs ‘urgent attention’

14 May – The cholera outbreak in Haiti remains the largest in recent world history, according to the United Nations official coordinating the Organization’s cholera response in the country, yet the health crisis has fallen off the international agenda after having ceased appearing in the media.

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UNESCO chief denounces the murder of Mexican journalist

12 May – While stressing the need to end impunity of crimes against media workers, the head of the United Nations agency charged with promoting press freedom urged today a full inquiry into the killing of journalist Armando Saldaña Morales in Mexico.

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Paraguay: UN experts deplore Government’s failure to protect 10-year-old rape survivor

11 May – The Government of Paraguay has failed in its responsibility to protect a 10-year old sexual abuse survivor and provide her with critical and timely treatments, including a “safe and therapeutic” abortion, a group of United Nations experts said today.

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Ban condemns Texas shooting, says ‘ideas must be defended through democratic debate and dialogue’

4 May – United Nations Secretary-General Ban Ki-moon has condemned yesterday’s shooting in Texas that injured a law enforcement officer, reiterating that such criminal acts have nothing to do with religion or belief.

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In Bogotá, UN deputy rights chief says ‘peace is the only option’ for Colombia

21 April – The road to peace is a complex and winding one, the United Nations Deputy High Commissioner for Human Rights said today during her visit to Colombia, a country with a “unique opportunity to evolve into a society” where everyone enjoys rights equally and without discrimination.

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In Washington, UN chief calls for immediate ceasefire by all parties in Yemen

16 April – During a speech delivered at the National Press Club in Washington, D.C. this evening, United Nations Secretary-General Ban Ki-moon underlined the gravity of the situation in Yemen, saying the country in “in flames” and pointing out how the current crisis is multiplying the already high levels of suffering and insecurity faced by many in the population.

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UN condemns killing of Chilean peacekeeper in Haiti

14 April – The United Nations called for a swift investigation into the shooting death of a Chilean peacekeeper in Haiti whose killing prompted strong condemnations from the UN mission on the ground as well as the Secretary-General and Security Council at the world body’s Headquarters.

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At Americas Summit in Panama, Ban urges nations to pursue prosperity with equality

10 April – United Nations Secretary-General Ban Ki-moon, in an address in Panama to the seventh Summit of the Americas, commended the hemisphere's commitment to peace, human rights and sustainable development, while urging leaders to continue to pursue a future of prosperity with equity, where no one is left behind.

Europe

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UN chief applauds resumption of ‘full-fledged’ talks on Cyprus

15 May – Secretary-General Ban Ki-moon has welcomed the resumption of full-fledged negotiations between Greek Cypriot leader Nicos Anastasiades and Turkish Cypriot Leader Mustafa Akinci, the United Nations spokesperson has confirmed.

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UN welcomes European Union proposals for ‘visionary’ migration reforms

13 May – The United Nations refugee agency and the world body’s top envoy on international migration have applauded European Union (EU) authorities’ proposals for dealing with refugees and migrants arriving in Europe via the Mediterranean, calling for swift implementation of the reforms “for the urgent purpose of saving lives.”

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UN expert calls on Greek Government to ‘urgently implement’ anti-racism measures

12 May – The Government of Greece must implement stronger measures in order to effectively address hate speech and verbal abuse against vulnerable groups including irregular migrants and minorities such as the Roma people, according to a United Nations human rights expert.

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Bosnia and Herzegovina must take 'fresh chance' it has been given, Security Council told

12 May – As Bosnia and Herzegovina readies to mark the 20th anniversary of the end of the bloodiest conflict in Europe since the Second World War, it must seize the opportunity to “finally say farewell to the politics of the past” and decisively commit to a new way of doing politics that puts the interests of citizens firmly in first place, the United Nations Security Council heard today.

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In phone call with Ukraine President, Ban addresses country’s ongoing crisis

11 May – Secretary-General Ban Ki-moon has spoken with Ukrainian President Petro Poroshenko and briefed him on his recent discussions in Moscow, a United Nations spokesperson confirmed today.

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Mediterranean crisis demands ‘intensive dialogue’ among UN and regional actors, Security Council told

11 May – The Mediterranean migrant crisis calls for collective action focused on the immediate need to save lives or else it will represent “a moral failure of the first order,” one that undermines international law and security, a top United Nations migration official warned today.

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Ban ‘alarmed’ by outbreak of violence in the former Yugoslav Republic of Macedonia

11 May – Secretary-General Ban Ki-moon has expressed alarm over the recent outbreak of violence in the city of Kumanovo in the former Yugoslav Republic of Macedonia and has extended his condolences to the families of those killed and injured.

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In Russia for ‘Victory Day,’ UN chief meets with President Putin on world issues

9 May – Secretary-General Ban Ki-moon, in Russia for 'Victory Day' marking 70 years since the end of the Second World War in Europe and the sacrifice made by millions, met for discussions with President Vladimir Putin on world issues from the conflict in Ukraine to enhancing cooperation to tackle climate change.

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In Ukraine, Ban pledges UN support amid ‘debilitating’ conflict in country’s eastern regions

8 May – Continuing his travels in Europe to mark the 70th anniversary of the end of the Second World War, Secretary-General Ban Ki-moon joined the people of Ukraine today to honour the millions of soldiers and citizens who fought to defend human dignity against the aggression of Nazism, and also pledged support from the United Nations as Ukraine deals with a protracted conflict in the east.

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In Poland, Ban commemorates 70th anniversary of the end of Second World War

7 May – United Nations Secretary-General Ban Ki-moon, in Poland today at an event commemorating the 70th anniversary of the end of the Second World War in Europe, recalled the “tremendous” shared sacrifice and the huge price of victory over fascism, paid by the millions of lost lives.

 

 

Middle East

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Ban deplores Israel's advancement of settlement activities in occupied Palestinian territories

15 May – United Nations Secretary-General Ban Ki-moon has strongly deplored the advancement of settlement activities on three occasions over the past three consecutive weeks by the Israeli authorities in the occupied West Bank, including in East Jerusalem, a spokesman for the UN said today.

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As humanitarian pause holds in Yemen, UN aid airlift arrives with critical supplies

15 May – The first of six airplanes from the United Nations refugee agency bringing urgently needed aid supplies landed safely in Yemen today boosting relief stocks in the war-ravaged country, on the third day of the temporary humanitarian pause, the Organization has confirmed.

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In Geneva, UN envoy on Syria meets with officials from the Russian Federation and United Kingdom

14 May – The United Nations Special Envoy for Syria, Staffan de Mistura, met today in Geneva with senior officials from the Russian Federation and the United Kingdom to discuss how to help Syrians move towards launching a political process, a spokesman for the UN has confirmed.

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UNESCO chief urges international action as fighting threatens Syria’s iconic Palmyra archaeological site

14 May – The United Nations Educational, Scientific and Cultural Organization (UNESCO) today expressed deep concern over fighting near the Syrian archaeological site of Palmyra that is endangering the nearby population and posing an imminent threat to the iconic ruins, calling out to all parties “to make every effort to prevent its destruction.”

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At Security Council, UN officials warn against 'waning' global attention to plight of civilians in Iraq

14 May – The complexities and complications surrounding the plight of civilians in Iraq remain “enormous” amid slow political progress and ongoing violence throughout the country, a senior United Nations official warned today as he urged the international community to support the Gulf State's efforts towards stability and peace.

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Yemen: UN chief hails important humanitarian pause as critical aid reaches civilians

14 May – Secretary-General Ban Ki-moon has spotlighted the importance of Yemen's humanitarian ceasefire as the United Nations and its partners ramp up critical relief efforts to civilian populations in need, according to a spokesperson for the Organization.

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Yemen: UN welcomes ceasefire as ‘lifesaving’ humanitarian relief begins to arrive

13 May – The top United Nations humanitarian official has welcomed the commencement of a ceasefire in Yemen aimed at allowing the delivery of “lifesaving” relief and aid to the country's civilian populations.

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In Geneva, UN envoy continues Syria consultations with national and regional stakeholders

12 May – The United Nations Special Envoy for Syria, Staffan de Mistura, is continuing his meetings in Geneva aimed at bringing a political solution to the ongoing crisis in the Middle Eastern country, a spokesperson for the Organization confirmed today.

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Ahead of humanitarian pause, Yemen sees ‘deadliest’ week of fighting – UN

12 May – Nearly 200 civilians have died in Yemen in the past week, as the country has seen its deadliest period of fighting since violence broke out on 26 March this year, according to figures released today by the United Nations human rights office.

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UN envoy looks forward to meetings, consultations with Syrian opposition envoy in Geneva

11 May – The United Nations envoy on the Syria crisis has noted recent decisions taken by the National Coalition of the Syrian Revolution and Opposition Forces (SOC) and is looking forward to the arrival of the National Coalition's Envoy in Geneva, where UN facilitated consultations are taking place.

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Make the choice of service,' UN chief tells Georgetown graduates

 

Secretary-General Ban Ki-moon delivers commencement address at Georgetown University in Washington, D.C. May 2015 Photo: Amanda Voisard

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16 May 2015 – In a commencement address at Georgetown University, where he received an honorary degree today, United Nations Secretary-General Ban Ki-moon told graduates to choose service, be bold, listen, champion progress and act with passion and compassion.

“Make the choice of service. There are many paths, including the one I chose: public service. What is important to remember is that history does not measure a person by his or her bank account. What counts is how much one gives back to the world,” Mr. Ban said in Washington, D.C., earlier today.

In its 70 year history, the United Nations has helped end wars and start progress in places where nearly all hope was lost. While the Organization has protected millions of people, repression continues. The ozone layer may have been saved but the threat of climate change looms.

“You have reached a pivotal moment in your lives. Our world is also at a crossroads,” he added.

Today, the world faces multiple tragic crises, from Syria to Yemen to South Sudan. There are more refugees ¬– 50 million – than at any time since the end of the Second World War. Inequality is growing. Extremism is spreading, the Secretary-General explained.

“At the same time, we have a once-in-a-lifetime opportunity. We face our best chance to end global poverty. We face our last chance to slow global warming,” he said.

When individuals serve others, they enrich themselves. When countries serve the global interest, they advance their own security.

“Thank you for this honorary degree. I humbly accept on behalf of the dedicated United Nations staff around the world who risk their lives for peace, development and human rights. This honour is for them,” Mr. Ban said.

“When I became UN Secretary-General, there were new issues to confront – including human rights for all people regardless of sexual orientation or gender identity,” he remembered.

While some may have wanted the UN chief to be quiet, he felt obliged to speak out because lives were at stake, he said.

“I stood with the LGBT members of the human family – and today same-sex partners at the United Nations enjoy equal rights. This year, the United Nations is working to champion progress across our agenda of peace, development and human rights,” he said.

In September, the United Nations will adopt a new sustainable development agenda to end poverty. In December, governments have promised to finally reach an ambitious agreement on climate change.

His biggest piece of advice to graduates: “Listen – listen most of all, to opposing views. In my time as Secretary-General, I have seen too many leaders turn a deaf ear to the voices and dreams of their people. It is as though they rule with noise-cancelling headphones.”

But listening is not just for leaders, Mr. Ban continued, it is just as important for average citizens to turn to each other with open minds and open ears. Yet, he feared that people are increasingly reluctant to hear dissonant voices.

Too many communities rush to point out an affront against them, but ignore the legitimate grievances of others, Mr. Ban said, urging the international community to close the 'empathy gap' that is so prevalent in our world today. “This is not an age for worlds of one. We must be one world – One world,” declared the UN chief.

“Today you receive your Georgetown diploma – one of the greatest accomplishments a young person can earn. You should be proud,” the Secretary-General concluded.

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News Tracker: past stories on this issue

‘Clear and critical’ need for sustainable energy targets in post-2015 agenda, UN deputy chief says

 

 

 

 

Britain-India: From Courted to Courtier

What accounts for New Delhi’s relative indifference to London’s overtures?

By Shairee Malhotra

May 17, 2015

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Making his first official trip to Europe, Indian Prime Minister Narendra Modi visited France, Germany and Canada in early April this year. His agenda: acquiring Rafale fighter jets, boosting Indian manufacturing through the Make in India campaign, urging the EU to move forward on a stalled free trade agreement, and attracting trade and investment.

Although Modi has said that he “usually tries to visit two to four nations together” in convenient clusters, the U.K. was not on his itinerary, despite some vigorous courting. While Britain has erected a statue of Mahatma Gandhi in London’s Parliament Square in an attempt to entice India, the former colonial power finds itself on the sidelines.

In 2014, five prominent U.K. politicians made official visits to India, from former Foreign Secretary William Hague to Chancellor of the Exchequer George Osborne and former Deputy Prime Minister Nick Clegg. Indeed, Prime Minister David Cameron himself has visited India a whooping three times since assuming office in 2010, including twice in 2013, professing that India is Britain’s “partner of choice” and “relations with India are at the top of the U.K.’s foreign policy priorities.” In 2012, Britain was among the first countries to withdraw its boycott of Modi over his alleged complicity in the 2002 Gujarat riots – the U.S. only followed suit in 2014. In addition, Britain has steadily supported India’s bid for a permanent seat on the UN Security Council.

Yet, the traffic has been largely one way, and interestingly, no Indian prime minister has visited the UK since Atal Bihari Vajpayee in 2001, barring Manmohan Singh’s attendance at the 2009 G-20 Summit in London, which naturally did not focus on the bilateral; and notwithstanding Finance Minister Arun Jaitley’s recent March visit to London, few Indian officials have done so.

With the U.K. increasingly moving away from the limited colonial outlook that exemplified its view of India in earlier decades, what explains New Delhi’s indifferent response towards London’s overtures, and the U.K.’s relegation in India’s political, economic, and international calculations?

Despite a deep historical legacy, cultural bonds bridging centuries, a prominent Indian diaspora numbering 2 million, strong educational ties, $15.8 billion in trade in favor of India, and a strong economic relationship with major investments on both sides, Britain is among a host of nations hoping to capitalize on India’s flourishing economy and the opening of its burgeoning defense industry to foreign investment through which it can possibly carve a role for itself in Asia and feature more prominently in the region. As the Economist notes, “Today everyone wants to be best pals with India.”

Diminishing Britain’s influence is potent competition from the exporting states of Japan, France and Germany, which have each created an efficient niche. The U.K.’s attempts to tap into India’s budding defense industry have been impeded by India’s diversification of defense sources, including its widespread military links with France – boosted by the latter’s refusal to condemn India’s 1998 nuclear tests – and the U.K.’s failure to secure the sale of its Eurofighter Typhoon jets, with India opting for the lower cost French Dassault Rafaele jets instead, making France India’s largest European defense partner. (The U.K.’s offer of its Eurofighter jets to India has been recently renewed by Cameron, who claims that his deal is better.) German industrial expertise can contribute to India’s development and infrastructure projects including rail networks and smart cities, as reiterated by Steinruecke of the Indo-German Chamber of Commerce. Japanese technology, investments, and aid in India’s infrastructure projects, including the construction of smart cities, Delhi’s mass rapid transit system, and the Delhi-Mumbai industrial corridor, plans to further defense and security cooperation, not least to counter Chinese aggression, in return for rejuvenation of its moribund economy through exports and investments to a rapidly flourishing India, have paved the way for a promising partnership.

Despite Cameron’s latest assertion that Britain is a better partner for Modi’s Make in India campaign, in comparison to the likes of Germany and Japan, the U.K. appears to have comparatively little of an exclusive or a unique nature to offer India. Certainly, India can benefit from Britain’s impressive historical expertise and know-how in technology and innovation. Additionally, a large number of British firms operate in India, not least Vodafone, Unilever, Diageo, and British American Tobacco. Indian firms prefer Britain for FDI, and British banks lend more to India than any other country. But while countries like Japan and Germany have been eager to invest in India’s growing economy and the large number of infrastructure projects, the U.K. has been more reluctant to do so, including plans to invest in India’s ambitious 1,000 km Mumbai-Bangalore corridor. Strategic cooperation between India and Britain is being strengthened, especially in the realms of counter-terrorism and civil nuclear cooperation. However, the U.K. has concurrently pressed for a bigger role for Pakistan in Afghanistan, continuing its historic pro-Pakistan incline – something that naturally does not sit well with India.

Clearly, India’s foreign policy focus has shifted to the Indo-Pacific, yet even within Europe, Britain has been consigned to the backburner. Though the relationship between the two countries will likely continue to be affable and mutually constructive, and substantial economic, strategic and military gains will be achieved for both sides, Britain will not be India’s only reciprocal “partner of choice” as Cameron wishes, and it is far-fetched to think ties can develop into a “special relationship.”

Far from writer Patrick French’s critique of Britain’s narrow-minded colonial mindset and its subsequent incapability to fathom how India is growing, Britain’s recent attitude exhibits a pragmatic necessity and appreciation of engaging with a rising India. India’s reactions are also characterized by pragmatic reflections, including an acknowledgement of Britain’s fading international clout. In the transactional and ephemeral world of international relations, historical links and shared values matter, but ultimately the future of the relationship will depend on India’s evaluation of what it derives from the ties. This will determine where Britain stands on India’s radar and how much political weight India is willing to invest to deepen the level of engagement.

Overall, the evolving Indo-British relationship reflects shifting geopolitical realities, including a significant change in the global balance of power, a multipolar world in which India is an emerging power, and a Britain that is no longer the great power it once was.

Shairee Malhotra is a Mumbai-based analyst. She has an MA International Relations from Queen Mary University of London, and has worked as a researcher at foreign policy think tank  Gateway House: Indian Council on Global Relations.

 

 

 

How Would the US Challenge China in the South China Sea?

A look at how one proposal might work.

By Prashanth Parameswaran

May 14, 2015

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Yesterday, media reports surfaced about how the U.S. military was mulling using aircraft and Navy ships to directly contest Chinese territorial claims to rapidly expanding artificial islands. In an earlier piece, I considered this proposal as part of the larger case for a more robust U.S. approach in the South China Sea. But what is the logic behind this specific proposal, how would it work in practice, and what would its implications be?

The essence of this proposal is to physically challenge the legality of China’s land reclamation activities in the South China Sea. Many have worried that Beijing may try to suggest that its reclaimed features built on low-tide elevations are islands or rocks, since that would then allow them to generate maritime claims (a territorial sea of 12 miles, along with an exclusive economic zone and a continental shelf for an island, and a territorial sea of 12 miles for a rock).

Yet in fact, the United Nations Convention on the Law of the Sea (UNCLOS) makes it clear that such features would not be able to generate any maritime claims. Low-tide elevations are not capable of generating claims themselves per se, with the idea being that they are distinct from islands because they are inundated at high tide. Neither do “artificial islands”. According to Article 60(8) of UNCLOS, “Artificial islands, installations, and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone, or the continental shelf.”

Under the proposal being considered, U.S. Navy ships and aircraft would be used to illustrate this point. To take a concrete example, U.S. Navy ships would do so by passing through within 12 miles of one of the reclaimed features to show that they do not recognize that these features qualify as islands or rocks that generate a 12-mile territorial sea.

If this occurs, China would be in a bind. In order to say that this passage was an infringement, it would have to publicly claim that these low-tide elevations were a rock or island entitled to a territorial sea, which would put it in clear violation of international law. If, on the other hand, it choose to remain silent, it would essentially have tolerated a very direct challenge to the legal status of its land reclamation activities. The United States, meanwhile, would have demonstrated its commitment to international law, shown its willingness to apply it using not only words, but actions, and prodded Beijing to clarify its extent of its claims.

Of course, this proposal may have its fair share of risks and limitations depending on how it is carried out and how Beijing responds. The United States would essentially be immersing itself in a contested area where features can be defined differently – and as a result, generate different claims – in order to support an international legal position that China may not agree with. Washington would have to be careful to ensure that it is making this statement with regard to the right features and is maintaining sufficient distance from other features that might generate maritime claims.

Such an act also carries with it the chance of an accident or miscalculation should U.S. and Chinese vessels or aircraft come into contact. While this is a chance that Washington may ultimately be willing to take, it is important to explore the consequences of these actions. As it is, U.S. aircraft flying near, not within the 12-mile zone around China’s features, have reportedly already been notified by Chinese military officers that they are nearing Chinese territory according to The Wall Street Journal. And as The Diplomat reported earlier, China has already responded to the proposal – albeit predictably – by vowing to stand firm in defense of its sovereignty and warning other actors against taking “any risky or provocative actions.” Furthermore, it is unclear whether this move would force China to clarify its claims. Beijing could simply issue a general statement accusing the United States of undermining peace and stability in the South China Sea and remain mum about its claims while its land reclamation activities continue.

Perhaps most importantly, while this move would get at the issue of the legal implications of China’s land reclamation activities, as with the Philippines’ pending case at the arbitral tribunal at the Hague, there is always the chance that Beijing will continue to ignore international law while continuing to unilaterally change the status quo in its favor and increase its military capabilities to make it more difficult for actors like the United States to challenge it in this way further down the line. This is why, as I pointed out in an earlier piece, it is essential to view these proposals as part of an overall U.S. South China Sea policy, rather than in isolation.

 

 

 

 

US Encroachments in the South China Sea: What Would China Do?

The U.S. is considering sending aircraft and ships within 12 nautical miles of Chinese reefs. How would Beijing react?

By Shannon Tiezzi

May 14, 2015

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A Wall Street Journal report, citing anonymous U.S. military officials, says the Pentagon is considering sending Navy surveillance aircraft as well as ships closer than ever before to reefs and islands claimed by China in the South China Sea. The change in policy, which remains under debate, would send U.S. vessels and aircrafts within 12 nautical miles of certain reefs, encroaching on what China claims as its territorial waters and airspace. That, in turn, could spark a fierce response from Beijing, which has promised to defend every inch of its claimed territory in the South China Sea.

The Pentagon is seeking ways to clearly demonstrate that it does not accept China’s land reclamation and construction on reefs and maritime features in the area. According to the WSJ, the United States believes that some of the features claimed by China are reefs rather than islands according to international law, and thus not entitled to a 12-nautical mile zone of territorial waters. China’s recent land reclamations may be designed to force the international community to consider these features as true islands.

By purposefully sending aircraft and vessels within 12 nautical miles of those specific features, the United States would be emphatically demonstrating that it does not agree with this interpretation. U.S. officials interviewed by WSJ likened the option to China’s own encroachments on the 12 nautical mile territorial waters of the disputed Senkaku/Diaoyu Islands in the East China Sea. In both cases, the action is important as a dramatic signal that another state’s claims to territorial water and airspace are not recognized.

China, unsurprisingly, is not happy. In a regular press conference Wednesday, Foreign Ministry spokesperson Hua Chunying said China was “deeply concerned” about the report and demanded that the United States clarify its stance. China upholds freedom of navigation, Hua said, “yet the freedom definitely does not mean that foreign military vessels and aircrafts [sic] can enter one country’s territorial waters and airspace at will.” She added that “China will stay firm in safeguarding territorial sovereignty” and urged other countries to “avoid taking any risky or provocative actions.”

It’s important to note that the policy discussed by WSJ may never be put into action. This is just one of several different options Pentagon is considering for a more robust response to what it sees as Chinese assertiveness in the South China Sea. However, should the Pentagon move forward on the path described to WSJ, the stage is set for a confrontation. The United States military would be knowingly and purposefully entering an area claimed by China as its territory. How would China respond?

If, as the U.S. officials quoted by WSJ suggested, the model of Chinese movements near the disputed Senkaku/Diaoyu Islands is instructive, except to see Chinese jets and vessels scrambled to meet U.S. aircraft and ships during each incursion.

As part of its construction activities in the Spratlys, China is widely believed to be building new military facilities, including possible airstrips on Fiery Cross and Subi Reefs. Fiery Cross also appear to be the site of a new port capable of housing Chinese naval vessels. The Foreign Ministry has made clear that one purpose of its South China Sea construction is “better safeguarding [China’s] territorial sovereignty and maritime rights and interests” – which would include sending Chinese military assets to intercept U.S. (or any other country’s) aircraft or vessels seen as violating China’s sovereignty.

Given the history of close calls (and, in 2001, an actual collision) between U.S. surveillance aircraft or patrol ships and Chinese counterparts seeking to defend their turf, this could be a recipe for disaster. Analysts already worry about the potential for a miscalculation or accident resulting in a tragic confrontation between the U.S. and Chinese militaries – if we begin to see Beijing scrambling jets against perceived U.S. incursions those risks go up substantially.

Another likely consequence should the United States pursue this course: the official declaration of a Chinese air defense identification zone (ADIZ) over at least part of the South China Sea. The China-watching community has speculated on a possible South China Sea ADIZ since China declared an ADIZ over the East China Sea back in November 2013. So far, Beijing has held off but never dismissed the idea entirely.

On May 7, Hua Chunying told reporters that “China is entitled to set up ADIZs.” She added, however, that such a decision “depends on whether the air safety is threatened and to what extent it is threatened.” The United States sending surveillance aircraft into what China claims as territorial airspace would definitely qualify as a threat to air safety, from Beijing’s perspective, and would likely serve as a catalyst for a South China Sea ADIZ.

There’s one “X factor” in all this: the result of the Philippines’ request for arbitration over China’s South China Sea claims. Among other things, the Philippines asked the International Tribunal for the Law of the Sea for clarification on what rights certain features generate under UNCLOS. Should the tribunal rule that certain reefs do not, in fact, generate a 12-nautical mile territorial zone, then the United States would be in a far stronger position should it choose to send ships and aircraft close to Chinese occupied reefs in the Spratlys.

 

 

 

 

Korea as world's role model for education'

Korea as world's role model for education'

Education Minister Hwang Woo-yea smiles while speaking about the World Education Forum during an interview with The Korea Times at his office in Seoul, Tuesday. The four-day forum starts today in Incheon. / Korea Times photo by Shim Hyun-chul

Minister promises open debate at World Education Forum

By Jung Min-ho

Many assume that, with the power of education, Korea grew as one of the world's richest nations in only a few decades, after being completely destroyed by a three-year war.

But such misconceptions overlook 5,000 years of Korean history and what the country accomplished in the field of education for thousands of years before the devastating Korean War, Education Minister Hwang Woo-yea said.

"We will show a bigger picture of how Korean education has evolved at the upcoming World Education Forum," he said in an interview with The Korea Times. "Also, we are going to be honest. Visitors will see not only the excellence of Korean education but also the problems it has created along the way."

"What we want to do is to share Korea's experience to help other countries develop their own successful education models on the basis of their own traditions and situations."

For the event, which will be held in Incheon from May 19 to 22, about 1,500 education authorities and experts, including U.N. Secretary-General Ban Ki-moon and World Bank President Kim Jim-yong, are expected to visit the port city near Seoul.

"I think the U.N. selected Korea to host the event because it believed the country could be a role model for education for many countries in need," Hwang said. "I have also learned that there is a strong and growing demand for our help, which got me thinking about what Korea could do for the world."

At the request of the UNESCO, Hwang will hold a special session, titled "Education and Developing the Nation," on the second day of the event. At the session, how a country with little natural resources could rise with the power of education will be discussed, and the results of the discussion will be reflected in the Incheon Declaration on the last day of the event.

There will be other opportunities for participants to learn about the past and the future of Korean education by visiting schools in Incheon, Seoul and Gyeonggi Province.

Korea is already moving from a standardized education system to a diversified, creativity-based one with a master plan to develop information and communications technology infrastructure with one PC for every student and Internet access in all classrooms.

Technologies for the so-called "smart education" will also be displayed at the forum to give visitors an idea of what the future classrooms will look like.

Hwang said Korea's commitment to education did not emerge overnight. According to experts, it has a much longer history. During the Choson Dynasty (1392-1910), they say, passing the civil service examination administered by the royal court was already regarded as vital to social and material success.

"Koreans have always had a passion for education. What changed was the ways of teaching and learning," Hwang said. "And they should continue to evolve."

He said the forum will not end with the discussion of ideas. "From there, we will start building a global network for education," he said.

Korea, one of the 20 members of the UNESCO's Education for All Steering Committee, has extended its global reach in recent years by joining global education campaigns, including the U.N.'s Global Education First Initiative and Global Partnership for Education.

Hwang noted that Korea's contributions to the development of the education system in other countries will continue to grow.

The forum, dubbed as the "Olympics of Education," succeeds the World Conference on Education for All in Jomtien, Thailand in 1990 and the World Education Forum in Dakar, Senegal in 2000.

At this year's event, participants will evaluate how 164 countries have done over the past 15 years in terms of achieving the goals set under the agenda, "Education for All," and will set plans for the new vision for the next 15 years.

Ten NGO forums on diverse educational issues, including global citizenship education and lifelong education for all through massive open online courses, and exhibitions will be held at the event.

According to the UNESCO, just one-third of the 164 countries have achieved the six goals – expanding early childhood education, providing free primary education for all, promoting learning, increasing adult literacy, achieving gender parity and improving the quality of education.

Hwang said the Incheon Declaration will include the unaccomplished goals as well as new ones under five key themes ― the right to education, equity, inclusion, quality education and lifelong learning.

mj...@ktimes.co.kr,,

• Education minister thrives on politics of smile

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Inequality, immigration, and hypocrisy

By Kenneth Rogoff

CAMBRIDGE — Europe's migration crisis exposes a fundamental flaw, if not towering hypocrisy, in the ongoing debate about economic inequality. Wouldn't a true progressive support equal opportunity for all people on the planet, rather than just for those of us lucky enough to have been born and raised in rich countries?

Many thought leaders in advanced economies advocate an entitlement mentality. But the entitlement stops at the border: though they regard greater redistribution within individual countries as an absolute imperative, people who live in emerging markets or developing countries are left out.

If current concerns about inequality were cast entirely in political terms, this inward-looking focus would be understandable; after all, citizens of poor countries cannot vote in rich ones. But the rhetoric of the inequality debate in rich countries betrays a moral certitude that conveniently ignores the billions of people elsewhere who are far worse off.

One must not forget that even after a period of stagnation, the middle class in rich countries remains an upper class from a global perspective. Only about 15 percent of the world's population lives in developed economies. Yet advanced countries still account for more than 40 percent of global consumption and resource depletion. Yes, higher taxes on the wealthy make sense as a way to alleviate inequality within a country.

But that will not solve the problem of deep poverty in the developing world.

Nor will it do to appeal to moral superiority to justify why someone born in the West enjoys so many advantages. Yes, sound political and social institutions are the bedrock of sustained economic growth; indeed, they are the sine qua non of all cases of successful development. But Europe's long history of exploitative colonialism makes it hard to guess how Asian and African institutions would have evolved in a parallel universe where Europeans came only to trade, not to conquer.

Many broad policy issues are distorted when viewed through a lens that focuses only on domestic inequality and ignores global inequality. Thomas Piketty's Marxian claim that capitalism is failing because domestic inequality is rising has it exactly backwards. When one weights all of the world's citizens equally, things look very different. In particular, the same forces of globalization that have contributed to stagnant middle-class wages in rich countries have lifted hundreds of millions of people out of poverty elsewhere.

By many measures, global inequality has been reduced significantly over the past three decades, implying that capitalism has succeeded spectacularly.

Capitalism has perhaps eroded rents that workers in advanced countries enjoy by virtue of where they were born. But it has done even more to help the world's true middle-income workers in Asia and emerging markets.

Allowing freer flows of people across borders would equalize opportunities even faster than trade, but resistance is fierce. Anti-immigration political parties have made large inroads in countries like France and the United Kingdom, and are a major force in many other countries as well.

Of course, millions of desperate people who live in war zones and failed states have little choice but to seek asylum in rich countries, whatever the risk. Wars in Syria, Eritrea, Libya, and Mali have been a huge factor in driving the current surge of refugees seeking to reach Europe. Even if these countries were to stabilize,
instability in other regions would most likely take their place.

Economic pressures are another potent force for migration. Workers from poor countries welcome the opportunity to work in advanced countries, even at what seem like rock-bottom wages. Unfortunately, most of the debate in rich countries
today, on both the left and the right, centers on how to keep other people out. That may be practical, but it certainly is not morally defensible.

And migration pressure will increase markedly if global warming unfolds according to climatologists' baseline predictions. As equatorial regions become too hot and arid to sustain agriculture, rising temperatures in the north will make agriculture
more productive. Shifting weather patterns could then fuel migration to richer countries at levels that make today's immigration crisis seem trivial, particularly given that poor countries and emerging markets typically are closer to the equator and in more vulnerable climates.

With most rich countries' capacity and tolerance for immigration already limited, it is hard to see how a new equilibrium for global population distribution will be reached peacefully. Resentment against the advanced economies, which account for a vastly disproportionate share of global pollution and commodity consumption, could boil over.

As the world becomes richer, inequality inevitably will loom as a much larger issue relative to poverty, a point I first argued more than a decade ago. Regrettably, however, the inequality debate has focused so intensely on domestic inequality that the far larger issue of global inequality has been overshadowed. That is a pity, because there are many ways rich countries can make a difference.

They can provide free online medical and education support, more development aid, debt write-downs, market access, and greater contributions to global security. The arrival of desperate boat people on Europe's shores is a symptom of their failure to do so.

Kenneth Rogoff, a former chief economist of the IMF, is professor of economics and public policy at Harvard University. For more stories, visit Project Syndicate (www.project-syndicate.org).

 

 

 

KOREA -Controversial religious group holds int'l peace event in Seoul

An international peace summit in Seoul, attended by former world leaders, is attracting attention because it is chaired by Lee Man-hee, the leader of a controversial Korean religious group.

Speakers at the World Alliance of Religions Peace Summit (WARP Summit), which opened Wednesday at the 63 Building in Yeouido, include Peruvian Vice President Marisol Espinoza Cruz, former Croatian President Stjepan Mesic and former South African President Kgalema Petrus Motlanthe, according to the official website.

The event has drawn protests because of the involvement of Lee, the leader of the Shinchonji Church of Jesus, the Temple of the Tabernacle of the Testimony (SCJ), which some describe as a cult.

Founded in 1984 by Lee, SCJ reportedly has over 120,000 followers. It came under scrutiny in 2007, when an investigative television report claimed that followers believe that Lee has eternal life.

The WARP Summit was organized by a group called Heavenly Culture, World Peace, Restoration of Light (HWPL), chaired by Lee; the International Women's Peace Group; the International Peace Youth Group and the Institute for Cultural Diplomacy (ICD).

No Cut News, however, reported that the Berlin-based ICD withdrew its involvement in the summit this week.

It has also been reported that young believers abandon schools, jobs and family to join the group. Shincheonji and its followers have claimed such reports are false.

No Cut News reported that protesters, including family members of the followers, gathered Tuesday outside Jamsil Olympic Stadium in southern Seoul, where an opening ceremony was being held.

According to HWPL, the summit aims to "discuss and share insights on how to achieve world peace" and to create "a platform for dialogue between community leaders on national, cultural, spiritual, and ethnic levels."

 

 

 

 

 

Pope creates first Palestinian saints at Vatican mass

By Laure Brumont 6 hours ago

 

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Vatican City (AFP) - Two 19th-century nuns on Sunday became the first Palestinians to gain sainthood during an open-air mass celebrated by Pope Francis in St Peter's Square attended by Palestinian president Mahmoud Abbas.

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The pontiff urged the faithful to follow the "luminous example" of the two 19th-century sisters and two others, from France and Italy, who were canonised along with them on a sunny spring morning.

Marie Alphonsine Ghattas was born in 1843 in Jerusalem during its rule by the Ottoman Empire, and died there during the British mandate period in 1927.

She was beatified -- the final step before canonisation -- in 2009.

Mariam Bawardy was born in Galilee, now in northern Israel, in 1846. She became a nun in France and died in Bethlehem in 1878 and was beatified by pope John Paul II in 1983.

Around 2,000 pilgrims from the Palestinian territories, Israel and Jordan, some waving Palestinian flags, attended the mass as well as Abbas, who had a private audience with the pope on Saturday.

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A nun looks at the statue of Marie Alphonsine Ghattas at the Mamilla monastery in Jerusalem on May 1 …

Ghattas, through her focus on women's education and community work, left behind a network of convents, schools and religious centres -- a more palpable legacy than Bawardy, who lives on more through the memory of her tough and mysterious life.

For sainthood, the candidate must have lived a holy life, as determined by the Catholic Church, and must usually have at least two miracles to their name, attributable to prayers made to them posthumously.

A miracle that led to Ghattas's canonisation was the resuscitation of a Palestinian engineer in 2009, who was electrocuted and suffered a heart attack, but regained consciousness two days later after relatives prayed for her intercession.

During her life, Ghattas is said to have seen the Virgin Mary in several apparitions, and nuns talk of miracles she performed then, including saving a girl who had fallen down a well by tossing her rosary into the water.

- 'Nun in blue' -

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Pope Francis greets Palestinian authority President Mahmud Abbas at the end of a holy mass in St Pet …

Bawardy, after becoming a nun of the Carmelite order, helped found the Carmelite Monastery in Bethlehem.

Orphaned at a young age and illiterate, she had her throat slit by an angry would-be suitor when she refused to convert to Islam, but a mysterious "nun in blue" is said to have saved her life, the Carmelite order's website says.

She travelled to France to become a nun, then to India to help set up a monastery there, and eventually settled in Bethlehem.

Although there are several saints who lived in the region during Christianity's early days, Bawardy and Ghattas are the first to be canonised from Ottoman-era Palestine.

The canonisation of a third Palestinian -- a Salesian monk -- is still under review by the Church.

The other two new saints are Jeanne-Emilie de Villeneuve (1811-1854) and Maria Cristina dell'Immacolata (1856-1906).

De Villeneuve founded the Sisters of Our Lady of the Immaculate Conception of Castres, in southwestern France, while Sister Maria Cristina founded the Oblation Sisters of the Blessed Sacrament.

Giant portraits of the four women hung from the facade of St Peter's Basilica facing the square.

Francis urged the faithful to "follow in the footsteps" of the four women, whom he called "models of sanctity."

During his meeting with Abbas on Saturday, the pontiff called him an "angel of peace" and the two discussed the peace process with Israel, the Vatican said.

The Vatican said last week it was preparing to sign its first accord with Palestine, two years after recognising it as a state.

 

 

 

Morsi verdict alarms US, experts see 'war' on Brotherhood

By Jay Deshmukh 9 hours ago

 

 

Cairo (AFP) - The United States expressed alarm Sunday at death sentences for Egypt's ousted president Mohamed Morsi and dozens of others, a verdict experts called a declaration of "total war" on his Muslim Brotherhood.

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Morsi was among more than 100 defendants given the death penalty Saturday for their role in a mass jailbreak during the 2011 uprising.

He ruled for only a year before mass protests spurred then army chief and now President Abdel Fattah al-Sisi to overthrow him in July 2013.

Sisi won a presidential election in May 2014 backed by Egyptians tired of political turmoil in the world's most populous Arab nation following the 2011 revolt against longtime autocrat Hosni Mubarak.

Washington expressed concern over Saturday's verdict, saying it has "consistently spoken out against the practice of mass trials and sentences".

"We continue to stress the need for due process and individualised judicial processes for all Egyptians in the interests of justice," a State Department official said.

A crackdown under Sisi has seen hundreds of Morsi's Islamist supporters killed, thousands jailed and dozens sentenced to death after mass trials the United Nations called "unprecedented in recent history".

Ties between Washington and Cairo plummeted after Morsi's ouster, with President Barack Obama's adminstration freezing annual military aid of $1.3 billion to Cairo.

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Egyptian judge Shabaan el-Shamy (centre) reads out the verdict sentencing deposed Islamist president …

Most of the aid was unblocked in late 2014.

The foreign ministry denounced global condemnation of the verdict as "unacceptable interference in the internal affairs of the country".

- 'War' against Brotherhood -

Judge Shabaan El-Shamy convicted Morsi, already sentenced to 20 years in jail in another trial, and dozens of other co-defendants including prominent Qatar-based cleric Yusuf al-Qaradawi, of plotting jailbreaks and attacks on police during the 2011 revolt.

The death sentences "have no value and cannot be implemented because they are against the rule of God and people's laws and customs", Qaradawi told the Doha-based Al-Jazeera news channel.

Experts said the verdict underscored Sisi's vow to eradicate the 87-year-old Muslim Brotherhood movement, which topped successive polls between the fall of Mubarak and Morsi's presidential win in May 2012.

"The new regime of President Abdel Fattah al-Sisi is using all elements of the state to break the political will of the Muslim Brotherhood," Fawaz Gerges, professor of Middle East studies at the London School of Economics and Political Science, told AFP.

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Egyptian Muslim Brotherhood leader Mohamed Badie (centre) gestures from behind the defendant's c …

"The judicial system is also waging an all-out war against the Muslim Brotherhood. This clearly reflects a total war waged by the Egyptian state against the Muslim Brotherhood."

Rights groups accuse the authorities of using the judiciary to repress the opposition, primarily the Brotherhood, already designated a "terrorist group".

Officials blame it for attacks that have killed hundreds of security personnel, a charge the movement denies.

The jihadist group Sinai Province, the Egyptian affiliate of the Islamic State organisation, has claimed most of the attacks.

"The judiciary is obviously in the pocket of the government," said Peter Sluglett, director of the Middle East Institute at National University of Singapore.

- 'An act of stupidity' -

"This is an act of stupidity and folly as well as cruelty and revenge," he said of Saturday's verdict.

The court will pronounce its final decision on June 2 in the jailbreak case, and also in a separate espionage case involving Morsi and 18 others.

Under Egyptian law, death sentences are referred to the mufti, the government's interpreter of Islamic law, who plays an advisory role.

Defendants can still appeal even after the mufti's recommendation.

"The military-backed regime has been targeting peaceful opponents, young protesters, students, journalists and academics," said Emad Shahin, a prominent academic at Georgetown University who was sentenced to death in the espionage trial along with 15 others on Saturday.

"It is currently seeking to reconstitute the security state and intimidate all opponents," he said in a statement.

The verdict in the jailbreak case raised many questions, said Mustafa Kamel Al-Sayyid, political professor at Cairo University.

"Morsi was a detainee and not a prisoner when the revolution against Mubarak erupted. So for someone who is not condemned and detained illegally, for him to get out of a prison is not a crime.

"Also how can he plot attacks when he himself was detained? The court is listening to only those who are accusing him."

 

 

RT crew attacked by Israeli police in Jerusalem (VIDEO)

Published time: May 17, 2015 18:11
Edited time: May 17, 2015 19:49

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n RT Arabic TV crew was attacked by Israeli police while covering the Jerusalem Day march in the Old City. Although the journalists had all documents permitting them to cover the event, the police prevented them from going live.

“After a terrible time we had to pass through check points that they erected everywhere along the Old City, they asked us to move away from the Damascus gate point. They didn't do it gently, they pushed us and broke our camera,” RT Arabic reporter Dalia Nammari later told RT International.

The reporter added that other journalists covering the event were treated the same “brutal” way by the Israeli police.

Dalia Nammari and the cameraman Muhammad Aishu were filming the march of settlers, which they had been accredited to, when the police interfered with their work and took away the camera. The crew continued to report from the scene using a smart phone and going on air live via Skype, when the police attacked them again.

 

“They took away my earpiece ... they are demanding from everyone – even journalists, to evacuate the area. Even Palestinians who live in the city can’t be present here because of the settlers’ march,” Nammari said.

 

The Israeli settlers took to the streets of Jerusalem to mark the day when Israel occupied the eastern side of Jerusalem in 1967, Nammari reported. Many were carrying posters reading “Jerusalem for Israelis.”

Read morePolice fire tear gas during demo against racism, police brutality in Tel Aviv (VIDEO)

The controversial Israeli march through Jerusalem and its Muslim quarters is an annual event, marking the anniversary of Israel's capture of East Jerusalem. Police estimated that more than 30,000 Israelis took part in this year's rally, Reuters reported. They marched through the areas of the city, the overall population of which includes more than 30 percent of Palestinians.

The march resulted in confrontations, with mounted Israeli police clashing with dozens of rock-throwing Palestinians, who were protesting the Jewish nationalists march, Reuters reported. Two officers were injured and six Palestinians were arrested, police sources said.

The RT Arabic crew managed to film some of the clashes before being assaulted themselves by Israeli police.

Brutal attacks by Israeli law enforcement are “rare to be filmed, but not rare to happen,” Sarit Michaelli of the Israeli info center for human rights has previously told RT.

On Saturday, a Palestinian journalist suffered at the hands of the Israeli army, being shot in the eye with a rubber bullet. The photojournalist was taking pictures during a march to commemorate Nakba, or Catastrophe Day, when Palestinians were displaced in the creation of Israel.

“This is a usual behavior for the Israeli army against journalists and against peaceful non-violent Palestinian demonstrators,” Mustafa Barghouti, General Secretary of the Palestine National Initiative told RT.

“During the last attack on Gaza less than a year ago the Israeli army killed 18 journalists including an Italian journalist in their attack on the Palestinian people. So this violation of the freedom of expression and violation of the right of journalists to cover what happens is a frequent behavior of the Israeli army which respects nobody,” Barghouti told RT, adding that this time the clashes happened during celebrations of annexation of East Jerusalem, which is “considered illegal by every international law.”

Last year, Israeli forces raided a building in Ramallah where the offices of several media outlets, including RT's Arabic channel, were located. The troops broke down the doors of the offices, destroyed some of the equipment and confiscated records.

 

 

 

 

US special forces kill senior ISIS commander in Syria raid - DoD

Published time: May 16, 2015 12:21
Edited time: May 17, 2015 10:31

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Reuters/Wathiq Khuzaie

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US special operations forces have conducted a military operation in eastern Syria, targeting a senior Islamic State (IS, formerly ISIS/ISIL) commander and his wife, the US defense secretary has announced. The terrorist leader was killed in the raid.

Abu Sayyaf, a senior Islamic State leader, was killed by US forces, Defense Secretary Ash Carter said on Saturday, adding the terrorist was involved in the group's military operations, as well as helping to direct its "illicit oil, gas and financial operations."

"During the course of the operation, Abu Sayyaf was killed when he engaged US forces," National Security Council spokesperson Bernadette Meehan said.

The raid in eastern Syria's al-Amr was carried out at the direction of President Obama, the Defense Department said, and also targeted the Islamic State commander's wife, Umm Sayyaf.

The woman, also suspected of being an active IS member, was captured by US forces.

It is now being decided where to bring her from custody in Iraq, according to Meehan.

Read moreISIS captures capital of Iraqi Anbar, raises black flag over Ramadi govt HQ

"The president authorized this operation upon the unanimous recommendation of his national security team and as soon as we had developed sufficient intelligence and were confident the mission could be carried out successfully and consistent with the requirements for undertaking such operations," Meehan added.

The dead militant leader was a Tunisian citizen. Washington informed the country’s government after the raid against him was carried out, Reuters reported, citing a US official.

It is believed Abu Sayyaf may have been in contact with IS leader Abu Bakr al-Baghdadi, CNN reported, adding that the US military managed to capture some of the terrorist's communications equipment.

No US military were killed or injured in the operation, the US Defense officials reported. A Yazidi woman, who had apparently been held as a slave, was also rescued.

Another dozen fighters were killed in an overnight US raid, an American official speaking on condition of anonymity told Reuters on Saturday.

Special forces based out of Iraq flew into Syria on Friday night by helicopter. Meehan says the operation was conducted "with the full consent of Iraqi authorities" and "consistent with domestic and international law."

Read moreUS begins training anti-ISIS fighters in Jordan - report

The White House didn’t coordinate the military raid with the Syrian government, the US spokesperson said. "Nor did we advise them in advance of this operation," Meehan added, saying "the Assad regime is not and cannot be a partner in the fight against ISIL [the Islamic State]."

Earlier on Saturday, Syria's state media reported that 40 Islamic State militants, including an ISIS "oil minister" Abu Taym Saudi were killed by the Syrian army in the country's east. Media reports said the terrorist leader was responsible for oil-related affairs in the Omar oil field in the strategic town of Mayadin, which has been under the control of the extremists since July 2014.

The Syrian media report was later called a mistake by a group tracking the Syrian civil war, Reuters reported. According to Rami Abdulrahman of the Syrian Observatory for Human Rights, the Syrian news had incorrectly taken credit for the US special forces’ operation.

READ MORE: Syrian civil war may drag beyond 2017 – Obama

US-led airstrikes have been targeting the militants positions since September last year. Earlier this month, a monitoring group claimed that dozens of Syrian civilians were killed in just one day of the airstrikes.

President Bashar Assad has repeatedly pointed out that the US military operations in Syria are an illegal intervention, violating the sovereignty of the country, as it has not been authorized by a UN Security Council resolution.

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Repealing Human Rights Act could jeopardize Northern Irish peace deal – Amnesty

Published time: May 15, 2015 16:15

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Ireland's Taoiseach Enda Kenny (L) and Britain's Prime Minister David Cameron.(Reuters / Stringer )

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The Conservative Party’s plans to scrap the Human Rights Act could undermine peace in Northern Ireland, Amnesty International has warned.

Amnesty International chiefs have written to Britain and Ireland’s prime ministers, expressing “deep concern” over the Conservative Party’s plans to repeal Britain’s Human Rights Act of 1998 and replace it with a self-styled British Bill of Rights.

The signatories said the move “could have serious implications for Northern Ireland's peace settlement” and might undercut “public confidence in the new political and policing arrangements” that stemmed from the 1998 Good Friday Agreement.

Read moreSTories’ repeal of Human Rights Act will spark constitutional crisis, erode civil liberties – experts

The Northern Irish peace agreement compelled Britain to integrate the European Convention of Human Rights into Northern Irish law, a process that was cemented by the Human Rights Act.

Since 1998, all legislation created by the Northern Ireland Assembly must be compatible with the Human Rights Act.

Policing policies in Northern Ireland, introduced in the wake of the Good Friday Agreement, also rely heavily on the Act as well as the European Convention on Human Rights (ECHR). Amnesty International says trust in these “policing structures” in Northern Ireland since the troubles came to a close is a “key success of the peace process.”

Amnesty International UK Director Kate Allen said the peace agreement is “the cornerstone” of “a more peaceful Northern Ireland.”

“The Human Rights Act not only fulfills one of the UK’s key obligations in the Agreement, but is crucial to ensuring public confidence in the new political and policing arrangements,” she said.

Read moreHuman rights debate in Britain is ‘regressive’ – Scottish watchdog

“Given the history of political discrimination and mistrust in policing in Northern Ireland, binding human rights obligations have been crucial in building and bolstering public confidence in these key structures post-Troubles.”

Allen warned public confidence in the peace process is fragile and could be eroded quite easily.

“Any scrapping of human rights commitments could have serious implications for Northern Ireland’s peace settlement,” she said.

Amnesty International Ireland Executive Director Colm O'Gorman said the agreement was backed on “both sides of the Irish border.”

He insisted the Irish government must defend “the integrity of the Agreement” and rail against the erosion of “human rights protections” that are central to the settlement.

“We welcome the Irish government’s expressions of concern at the UK’s proposed repeal of the Human Rights Act, and the minister for foreign affairs and trade’s stating he will raise this with Northern Ireland Secretary Theresa Villiers,” he said.

O'Gorman called upon Ireland’s PM to put pressure on his British counterpart to ensure that “hard-won progress” in Northern Ireland is not jeopardized.

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‘I look forward to service BRICS nations’ – New Development Bank’s Indian first head

Published time: May 15, 2015 15:41

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eteran Indian banker KV Kamath has thanked Narendra Modi’s government for the opportunity to head the newly established BRICS New Development Bank. He will take over the presidency in the next 10 days after he leaves various board positions.

"I look forward to the establishment of the bank and commencement of its operations in the service of the BRICS nations," the banker said in a statement on Friday.

KV Kamath said he was “honored and humbled” to be nominated by the government of India as the first president of the New Development Bank, thanking the government for placing confidence in him.

While the bank is headquartered in Shanghai, the Indian government had the right to nominate its candidate. Kamath will take over the new position in the next 10 days after he retires as non-executive Chairman of ICICI Bank and leaves other various board positions he holds, India’s Finance Secretary Rajiv Mehrishi told reporters in New Delhi.

Kamath is well-recognized in India for being named 'Businessman of the Year' by Forbes Asia, 'Business Leader of the Year' by The Economic Times, India, in 2007, and CNBC's 'Asian Business Leader of the Year' in 2001, and The Asian Banker Journal of Singapore’s ‘Most e-savvy CEO amongst Asian Banks’.

Read morePutin ratifies BRICS $100bn currency pool deal

India couldn’t have made a more perfect choice, said investment banker Hemendra Kothari, chairman of DSP BlackRock.

Prior to KV Kamath’s appointment other heavyweight economic figures in India declined the role. Reserve Bank of India governor Raghuram Rajan showed no interest in the post.

Experts connect the unwillingness of leading Indian bankers to take the post with the fact that with an Indian is head; the bank roller is clearly China.

Beijing welcomes and "fully supports" the appointment, said China's Foreign Ministry spokesperson Hua Chunying on Tuesday.

The $100 billion BRICS New Development Bank (NDB) is a lending institution expected to challenge the World Bank and the International Monetary Fund. The Bank is to start functioning by the end of 2015, with its headquarters in Shanghai.

Earlier this week Russian Deputy Finance Minister Sergey Storchak invited Greece to become the bank’s sixth member. Greek Prime Minister Alexis Tsipras confirmed the offer and told Storchak Greece was interested.

The BRICS nations account for nearly $16 trillion in GDP and 40 per cent of the world's population.

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Obama acknowledges he can’t isolate Russia – senior Duma MP

Published time: May 15, 2015 13:09

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The international participation in Russia’s Victory Day commemorations proves that the US policy of maximum political isolation for Moscow has failed, claims State Duma’s Foreign Relations chief.

“After the 70th anniversary of the Great Victory [in WWII] it has become evident that the policy of maximum political isolation of Russia is not yielding the expected results,” Aleksey Pushkov said at the lower house plenary session on Friday.

“If today, after May 9, Obama would again claim that he had isolated Russia he would simply be laughed at,” he added.

Pushkov told fellow lawmakers that it was impossible to talk about isolation when in just three days Moscow was visited by the leaders of China, India, Egypt, Kazakhstan, Azerbaijan, Armenia, Vietnam, Germany, the Czech Republic, Cyprus, Slovakia and many other states.

He noted that Barack Obama himself “could not stand his own isolation” and sent Secretary of State John Kerry to Russia very soon after the celebrations. “By doing this Obama practically recognized that it is impossible to isolate such countries as Russia, that by trying to isolate Russia one can be left on the side of the political process and get deprived of leverage in international politics.”

At the same time the MP noted that he did not expect the United States to immediately abandon their policies towards Russia or stop using all available resources in this struggle. “But this definitely means that the attempt of cavalry charge on our positions has failed.”

Pushkov also said in his Duma speech that the strengthening alliance between Russia and China was a joint reaction to the “Western policy of threats, pressure and sanctions.” He noted that this alliance was Barack Obama’s greatest failure in all his years in office.

“In reply to the pressure Russia has not curled in some remote geopolitical corner, but started to actively use its wide possibilities and found support of a number of states, most importantly from such a great power as the People’s Republic of China,” he stated.

Read moreRussia ready to oppose any outside pressure - Medvedev

The address echoes the April statement of Prime Minister Dmitry Medvedev, who told senior members of the majority United Russia party that the events of the past year proved that the Russian community and authorities can jointly withstand any political or economic pressure from abroad.

In early March, President Vladimir Putin’s press secretary Dmitry Peskov said that the continued pressure from Obama and his administration would never affect Moscow’s foreign policy. He also called the sanctions “a double-edged sword” that, although causing certain discomfort to the Russian economy, was also hurting businesses in the countries that had introduced them, not to mention the world economy as a whole.

 

 

 

Failure to execute presidential orders should be criminal offense – leftist MP

Published time: May 15, 2015 10:39

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A Russian MP says heavy fines for failing to properly execute presidential orders would boost discipline among civil servants and help the state get rid of irresponsible officials.

Dmitry Gorovtsov of the center-left Fair Russia party has told reporters that he prepared a bill that, if passed, would amend the criminal code with an article introducing criminal responsibility for state officials who fail to fully execute presidential orders.

However, such actions would be considered a crime only if they considerably violate the rights of citizens or interests of state and society.

The proposed punishment is a fine of between 2 and 3 million rubles (US$40,000–60,000) or in the amount of convict’s income of three or four years, with a ban on assuming official posts for up to three years. The MP emphasized that he wanted to prosecute the top officials in charge of the task and prevent them from pushing the responsibility down the bureaucratic ladder.

Gorovtsov said in comments with popular daily Izvestia that currently the Control Department of the Presidential Administration is monitoring the performance of civil servants engaged in execution of presidential orders and the same department can register the violations mentioned in his bill. The investigation into criminal cases will still be performed by police and the Investigative Committee.

The MP noted that the centrist political movement Popular Front has repeatedly expressed the concerns that the so-called May Orders – the major guidelines for national development signed by Vladimir Putin after his inauguration as president in May 2012 – will have been executed by 50 percent at most by 2018. The civil servants’ performance on smaller-scale orders can be even worse, he added.

“Without criminal responsibility we will not start moving,” the MP said.

Read moreOfficials face career crash for failing to fulfill defense orders from govt

The May Orders include the plan for economic development, reforms in state administration, foreign policy, in science and the military, and also various social reforms, including healthcare, demographics and ethnic policies.

The orders are based on Putin’s 2012 electoral program and are used by the president’s political allies for promoting their course. The Popular Front movement announced in late 2013 that its representatives would oversee the implementation of the May Orders and report all violations to officials, including the presidential administration.

Earlier this month, the Russian government reported that its ministers had managed to execute 137 of 121 presidential orders in three years. To this, Vladimir Putin said that the government should estimate its performance not in simple figures but in quality of citizens’ life. The president also acknowledged that the current situation could make the further work on his orders more difficult, and told the ministers to find additional reserves for this.

 

 

 

RT EXCLUSIVE: Racial & religious hate crimes spike in 2 years – UK police figures

Published time: May 15, 2015 16:18

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The Muslim Council of Britain and the Church of England have condemned a spike in hate crimes recorded by police forces across England and Wales since 2012. The targets of hate crimes are predominantly Muslims according to activists.

By Ben Stupples

Racially or religiously aggravated harassment crimes – such as verbal or written racist abuse – increased from a total of 15,249 to 17,605 between 2012 and 2014.

The figures, obtained from 41 of 43 police forces approached through Freedom of Information (FoI) requests, show more than 47,000 hate crimes recorded over the past three years.

According to the Home Office, racially and religiously aggravated harassment crimes relate to behavior (usually non-physical) likely to cause “alarm, distress or disorder.”

In August 2014, Martin Sallis, 42, from Chester, hung bunting covered in swastikas and Ku Klux Klan symbols on the site of a planned mosque. On the bunting, Sellis wrote: “Burn in hell.” He later pleaded guilty to causing racially or religiously aggravated public fear, alarm or disorder.

In December 2013, Jude Phillips, 50, and Gemma Parkin, 18, tore pages from the Koran at a Middlesbrough FC home game to make confetti. Despite denying the charges, they were both found guilty of the offence and were fined £250 each.

Muslims have been the main victims say anti-racism campaigners, partly due to the rise of the Islamic State (IS, formerly ISIS/ISIL), the murder of Lee Rigby by Islamic extremists in 2013 and right-wing political parties’ anti-immigration rhetoric.

'Disturbing'

Dr Shuja Shafi, secretary general of the Muslim Council of Britain, described the recent spike in harassment crimes as “disturbing” but “not unexpected” before stressing the “urgent need” to combat the growth of Islamophobia across England and Wales.

“With racist bullying in schools attributed to Islamophobia on the rise according to ChildLine, job discrimination against Muslims commonplace and regular attacks against Muslims ... there is a serious concern that needs to be both acknowledged and tackled,” said Shafi.

“There is an urgent need to take the growth of Islamophobia and its social acceptance seriously and engage with the Muslim community to develop an effective cross-party strategy to combat this blight on our society and against the universal values of tolerance.”

A Church of England spokesperson highlighted the need for “greater understanding” and “mutual respect” among people of all backgrounds, adding: “Any rise in racially and religiously aggravated offences is a matter of deep concern and regret.”

Some 29 forces recorded a rise in racially and religiously aggravated harassment crimes, with an average increase of 13 percent across the 40 forces that provided year-by-year figures. City of London Police only provided an overall total (113) and not a year-by-year breakdown.

The forces with the biggest increases between 2012 and 2014 were Lincolnshire (67 percent), the Metropolitan Police (60 percent), Cleveland (45 percent), Merseyside (42 percent) and Northumbria (40 percent).

The biggest falls recorded across England and Wales were in Warwickshire (-33 percent), Wiltshire (-21 percent), Devon & Cornwall (-20 percent), Lancashire (-17 percent) and Dyfed-Powys Police (-15 percent).

Greater Manchester (5,883), West Midlands (4,792) and the Metropolitan Police (4,491) reported the highest total of recorded crimes - 1,500 more than any other force.

'Bleak'

Police forces attributed the recent rise in figures to improved reporting of harassment crimes, but anti-racism organizations were quick to stress an actual increase in incidents.

Suresh Grover, director of the Monitoring Group, a UK civil-rights charity, suggested the rise of the Islamic State, the murder of Lee Rigby and the growing popularity of UKIP have all fostered an environment of “respectable racism” across England and Wales.

Countering the police's claims, he said the Monitoring Group, established in the 1980s, now deals with an ever-growing number of racially and religiously motivated crimes and described the police’s “inadequate” response to the rise in such crimes as a “tragedy.”

“All hate crimes should be prioritized, but the police have de-prioritized racial crimes, and that’s a scandal after the [racially motivated] murder of Stephen Lawrence in 1993,” he said.

“The picture is bleak. We have noticed over the past five years an increase in these [racist] attitudes, but less and less work by the police to deal with them.”

Dr Jon Burnett, researcher at the Institute for Race Relations (IRR), described the rise in crimes as “very worrying” and stressed that racism is still a large part of our “everyday lives.”

“In the UK, racism is sometimes seen as something that’s been done and dealt with, but these figures show how that’s far from the case in reality,” said Burnett.

“We are not living in a post-racism age. Racism is never static. It’s always changing, and you’ve got to be aware of that in the way that you deal with it.”

Jamaican-born Irvin Campbell, 57, who arrived in the UK aged seven, became the victim of a racially aggravated harassment incident last year as he drove through his Bristol neighborhood.

A car filled with white men – all in their 20s – blocked Campbell’s way, prompting him to get out of his vehicle.

“They were hurling all sorts of racist abuse at me, calling me every c-word under the sun,” Campbell recalled. “Then they told me to f*** off back to Somalia.

“I felt completely demoralized. I thought: ‘I'm 57. I'm a grandfather. I shouldn't have to put up with this. I really shouldn't.’ I’ve been living here for 50 years.”

Underreported

Chief Inspector Paul Timmins from Lincolnshire Police, the force with the largest rise in the harassment crimes, welcomed the constabulary’s increase in reporting figures.

He acknowledged, however, that the population of Lincolnshire – where the British National Party held anti-mosque protests in Lincoln’s city center in 2013 – has “changed significantly” over the past decade, making racially and religiously motivated crimes “more likely.”

A spokesman for Warwickshire Police, the force with the largest fall in harassment crimes, meanwhile described hate crimes as “underreported” across the country.

Read more​#MuslimLivesMatter: Protests over BBC’s Chapel Hill murders ‘silence’

“There’s still a lot of work to be done and we will be launching a major new campaign in the next few months aimed at further increasing reporting of hate crime,” the spokesman said.

The National Police Chief’s Council (NPCC) lead for hate crime, Assistant Chief Constable Mark Hamilton, commented on the spike in figures by describing all forms of hate crime as “unacceptable” and encouraged any victims to come forward and report incidents.

“Over the years we have noted that hate crime tends to increase following critical incidents in the UK or during global conflicts.

“We are taking measures alongside other agencies and civil society groups to identify such scenarios and put in place measures to reduce tension.”

Responding to claims that the party had contributed to the rise in the harassment crimes, a UKIP spokesman said: “In surveys all ethnic and religious groups think that there should be greater control over immigration, a policy that UKIP endorses.

“A points-based system like that of Australia is deliberately specifically fair to all of whichever ethnicity, faith or gender. This wish does not excuse or engender violence of any kind.”

 

 

Thousands rally in Macedonia amid unfolding political crisis (DRONE VIDEO)

Published time: May 17, 2015 16:07

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Crowds of anti-government protesters have taken to the streets in the Balkan state of Macedonia, as unrest unfolds in the country over a wiretapping scandal, involving the country’s current leader, Nikola Gruevski.

Over 20,000 people took part in protests on Sunday in the country's capital of Skopje, marching from the government building to the Macedonian parliament, AFP reported. The protesters demanded the resignation of PM Gruevski's government, following opposition leader Zoran Zaev's accusations against them and recent ethnic clashes in the ex-Yugoslav republic.

Crowds of anti-government protesters have taken to the streets in the Balkan state of Macedonia, as unrest unfolds in the country over a wiretapping scandal, involving the country’s current leader, Nikola Gruevski.

Over 20,000 people took part in protests on Sunday in the country's capital of Skopje, marching from the government building to the Macedonian parliament, AFP reported. The protesters demanded the resignation of PM Gruevski's government, following opposition leader Zoran Zaev's accusations against them and recent ethnic clashes in the ex-Yugoslav republic.

While an election is not due in Macedonia until 2018, Zaev has been calling on Gruevski to resign, with some demonstrators now saying they plan to camp out in the streets until this happens.

"The protest will continue. Some 4,600 activists, mostly young people, have said 'we'll stay regardless of whether you will or not'," the opposition leader told the NOVA online television channel, as cited by AFP.

The government leader has called his own rally for Monday, Reuters reported.

This month, Macedonia has seen the worst violence in decades, after clashes between ethnic Albanian rebels and Macedonian police in the town of Kumanovo not far from the Kosovo border left 18 people dead, including eight police officers. At least 30 people, most of them Kosovar Albanians, have been charged over the attack in the ethnically diverse city that has a strong Albanian presence.

The clashes were the worst since the 2001 insurgency, when the ethnic Albanian National Liberation Army (NLA) militant group, a KLA offshoot, began attacking security forces in Macedonia, demanding greater rights and autonomy for the country's Albanian minority. In response, NATO sent 3,500 troops to the region.

Following the shooting in Kumanovo, ambassadors from the US, France, Italy, the UK, Germany, and the EU issued a joint statement threatening to “undermine” Macedonia's decade-long road towards EU and NATO membership.

Calling Macedonia a "tinderbox," political analyst Aleksandar Pavic said the current crisis "is not the first time we've seen such unrest that is ethnically motivated and instigated from the outside." Macedonia suffered a similar situation in 2001, "after which America and the Western powers came in and brokered peace that gave Albanians much more power than they had before," Pavic told RT.

"We must remember when the South Stream gas pipeline was on board, Bulgaria was also a target of destabilization, there were also people in the streets, and as a result Bulgaria was the key country that withdrew support from South Stream. That's when Russia turned to Turkey for the Turkish Stream, and as soon as Russia and Turkey made a deal, we have unrest in Macedonia," Aleksandar Pavic told RT.

Read more​Macedonia terrorist raid may be linked to country's support of Russia – Lavrov

Earlier this week, Russian Foreign Minister Sergey Lavrov said that Moscow "can't help thinking" that the recent terrorist attack in Macedonia has something to do with the country's objection to anti-Russian sanctions and its possible role as a transit country for Russian gas through Turkey.

During his visit to Serbia on Friday, Lavrov expressed concern that events in Kumanovo "were the result of a well-planned terrorist act," and said the situation in Macedonia "does not give us any grounds for optimism." Officials in Brussels are apparently embarrassed that all their efforts to stabilize the situation in the former Yugoslavia have been ineffective, Lavrov added.

Fearing ethnic tensions could escalate amid the current political instability, the Russian Foreign Ministry said that reigniting chaos in the Balkans would pose a direct threat to Europe.