PUBLIC LAW 107–56—OCT. 26, 2001

UNITING AND STRENGTHENING AMERICA BY

PROVIDING APPROPRIATE TOOLS REQUIRED

TO INTERCEPT AND OBSTRUCT TERRORISM

(USA PATRIOT ACT) ACT OF 2001

115 STAT. 272 PUBLIC LAW 107–56—OCT. 26, 2001

Public Law 107–56

107th Congress

An Act

To deter and punish terrorist acts in the United States and around the world,

to enhance law enforcement investigatory tools, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Uniting and

Strengthening America by Providing Appropriate Tools Required

to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act

of 2001’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Construction; severability.

TITLE I—ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

Sec. 101. Counterterrorism fund.

Sec. 102. Sense of Congress condemning discrimination 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 SURVEILLANCE PROCEDURES

Sec. 201. Authority to intercept wire, oral, and electronic communications relating

to terrorism.

Sec. 202. Authority to intercept wire, oral, and electronic communications relating

to computer fraud 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.

18 USC 1 note.

Uniting and

Strengthening

America by

Providing

Appropriate

Tools Required to

Interrupt and

Obstruct

Terrorism (USA

PATRIOT ACT)

Act of 2001.

Oct. 26, 2001

[H.R. 3162]

PUBLIC LAW 107–56—OCT. 26, 2001 115 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 LAUNDERING ABATEMENT AND ANTITERRORIST FINANCING ACT OF 2001

Sec. 301. Short title.

Sec. 302. Findings and purposes.

Sec. 303. 4-year congressional review; expedited consideration.

Subtitle A—International Counter Money Laundering and Related Measures

Sec. 311. Special measures for jurisdictions, financial institutions, or international

transactions of primary 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, and the finances of terrorist groups.

Subtitle B—Bank Secrecy Act Amendments and Related 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, and lengthening effective period of geographic

targeting orders.

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 fight international 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 and Protection

Sec. 371. Bulk cash smuggling into or out of the United States.

Sec. 372. Forfeiture in currency reporting cases.

115 STAT. 274 PUBLIC LAW 107–56—OCT. 26, 2001

Sec. 373. Illegal money transmitting businesses.

Sec. 374. Counterfeiting domestic currency and obligations.

Sec. 375. Counterfeiting foreign currency and obligations.

Sec. 376. Laundering the proceeds of terrorism.

Sec. 377. Extraterritorial jurisdiction.

TITLE IV—PROTECTING THE BORDER

Subtitle A—Protecting the Northern Border

Sec. 401. Ensuring adequate personnel on the northern border.

Sec. 402. Northern border personnel.

Sec. 403. Access by the Department of State and the INS to certain identifying information in the criminal history records of visa applicants and applicants for admission 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 and overseas consular posts.

Subtitle B—Enhanced Immigration Provisions

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 Immigration Benefits 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 TO INVESTIGATING 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 Public Safety 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 of Crime Act of 1984

Sec. 621. Crime victims fund.

Sec. 622. Crime victim compensation.

Sec. 623. Crime victim assistance.

Sec. 624. Victims of terrorism.

TITLE VII—INCREASED INFORMATION SHARING FOR CRITICAL

INFRASTRUCTURE PROTECTION

Sec. 701. Expansion of regional information sharing system to facilitate FederalState-local law enforcement response related to terrorist attacks.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 275

TITLE VIII—STRENGTHENING THE CRIMINAL LAWS 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 Government requests.

Sec. 816. Development and support of cybersecurity forensic capabilities.

Sec. 817. Expansion of the biological weapons statute.

TITLE IX—IMPROVED INTELLIGENCE

Sec. 901. Responsibilities of Director of Central Intelligence regarding foreign intelligence collected under Foreign Intelligence Surveillance Act of 1978.

Sec. 902. Inclusion of international terrorist activities within scope of foreign intelligence under National Security Act of 1947.

Sec. 903. Sense of Congress on the establishment and maintenance of intelligence

relationships to acquire information on terrorists and terrorist organizations.

Sec. 904. Temporary authority to defer submittal to Congress of reports on intelligence and intelligence-related matters.

Sec. 905. Disclosure to Director of Central Intelligence of foreign intelligence-related information with respect to criminal investigations.

Sec. 906. Foreign terrorist asset tracking center.

Sec. 907. National Virtual Translation Center.

Sec. 908. Training of government officials 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 fbi integrated automated fingerprint identification system at

overseas consular posts and points of entry to the United States.

Sec. 1009. Study of access.

Sec. 1010. Temporary authority to contract with local and State governments for

performance of security functions at United States military installations.

Sec. 1011. Crimes against charitable americans.

Sec. 1012. Limitation on issuance of hazmat licenses.

Sec. 1013. Expressing the sense of the senate concerning the provision of funding

for bioterrorism preparedness 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 antiterrorism grants to States and localities.

Sec. 1016. Critical infrastructures protection.

SEC. 2. CONSTRUCTION; SEVERABILITY.

Any provision of this Act held to be invalid or unenforceable

by its terms, or as applied to any person or circumstance, shall

be construed so as to give it the maximum effect permitted by

law, unless such holding shall be one of utter invalidity or

unenforceability, in which event such provision shall be deemed

18 USC 1 note.

115 STAT. 276 PUBLIC LAW 107–56—OCT. 26, 2001

severable from this Act and shall not affect the remainder thereof

or the application of such provision to other persons not similarly

situated or to other, dissimilar circumstances.

TITLE I—ENHANCING DOMESTIC

SECURITY AGAINST TERRORISM

SEC. 101. COUNTERTERRORISM FUND.

(a) ESTABLISHMENT; AVAILABILITY.—There is hereby established

in the Treasury of the United States a separate fund to be known

as the ‘‘Counterterrorism Fund’’, amounts in which shall remain

available without fiscal year limitation— (1) to reimburse any Department of Justice component

for any costs incurred in connection with— (A) reestablishing the operational capability of an office

or facility that has been damaged or destroyed as the

result of any domestic or international terrorism incident;

(B) providing support to counter, investigate, or prosecute domestic or international terrorism, including, without limitation, paying rewards in connection with these

activities; and

(C) conducting terrorism threat assessments of Federal

agencies and their facilities; and

(2) to reimburse any department or agency of the Federal

Government for any costs incurred in connection with detaining

in foreign countries individuals accused of acts of terrorism

that violate the laws of the United States.

(b) NO EFFECT ON PRIOR APPROPRIATIONS.—Subsection (a) shall

not be construed to affect the amount or availability of any appropriation to the Counterterrorism 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 following findings:

(1) Arab Americans, Muslim Americans, and Americans

from South Asia play a vital role in our Nation and are entitled

to nothing less than the full rights of every American.

(2) The acts of violence that have been taken against Arab

and Muslim Americans since the September 11, 2001, attacks

against the United States should be and are condemned by

all Americans who value freedom.

(3) The concept of individual responsibility for wrongdoing

is sacrosanct in American society, and applies equally to all

religious, racial, and ethnic groups.

(4) When American citizens commit acts of violence against

those who are, or are perceived to be, of Arab or Muslim

descent, they should be punished to the full extent of the

law.

(5) Muslim Americans have become so fearful of harassment that many Muslim women are changing the way they

dress to avoid becoming targets.

(6) Many Arab Americans and Muslim Americans have

acted heroically during the attacks on the United States,

including Mohammed Salman Hamdani, a 23-year-old New

Yorker of Pakistani descent, who is believed to have gone

28 USC 524 note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 277

to the World Trade Center to offer rescue assistance and is

now missing.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the civil rights and civil liberties of all Americans,

including Arab Americans, Muslim Americans, and Americans

from South Asia, must be protected, and that every effort

must be taken to preserve their safety;

(2) any acts of violence or discrimination against any

Americans be condemned; and

(3) the Nation is called upon to recognize 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 for the Technical Support Center established in section 811 of the Antiterrorism and

Effective Death Penalty Act of 1996 (Public Law 104–132) to help

meet the demands for activities to combat terrorism and support

and enhance the technical support and tactical operations of the

FBI, $200,000,000 for each of the fiscal years 2002, 2003, and

2004.

SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE

PROHIBITION IN CERTAIN EMERGENCIES.

Section 2332e of title 18, United States Code, is amended—

(1) by striking ‘‘2332c’’ and inserting ‘‘2332a’’; and

(2) by striking ‘‘chemical’’.

SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE

INITIATIVE.

The Director of the United States Secret Service shall take

appropriate actions to develop a national network of electronic

crime task forces, based on the New York Electronic Crimes Task

Force model, throughout the United States, for the purpose of

preventing, detecting, and investigating various forms of electronic

crimes, including potential terrorist attacks against critical infrastructure and financial payment systems.

SEC. 106. PRESIDENTIAL AUTHORITY.

Section 203 of the International Emergency Powers Act (50

U.S.C. 1702) is amended—

(1) in subsection (a)(1)—

(A) at the end of subparagraph (A) (flush to that

subparagraph), by striking ‘‘; and’’ and inserting a comma

and the following:

‘‘by any person, or with respect to any property, subject to

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 respect to any property, subject

to the jurisdiction of the United States; and’’;

(C) by striking ‘‘by any person, or with respect to

any property, subject to the jurisdiction of the United

States‘; and

(D) by inserting at the end the following:

18 USC 3056

note.

115 STAT. 278 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign

nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign

organization, or foreign country that he determines has

planned, authorized, aided, or engaged in such hostilities

or attacks against the United States; and all right, title,

and interest in any property so confiscated shall vest, when,

as, and upon the terms directed by the President, in such

agency or person as the President may designate from

time to time, and upon such terms and conditions as the

President may prescribe, such interest or property shall

be held, used, administered, liquidated, sold, or otherwise

dealt with in the interest of and for the benefit of the

United States, and such designated agency or person may

perform any and all acts incident to the accomplishment

or furtherance of these purposes.’’; and

(2) by inserting at the end the following:

‘‘(c) CLASSIFIED INFORMATION.—In any judicial review of a

determination made under this section, if the determination was

based on classified information (as defined in section 1(a) of the

Classified Information Procedures Act) such information may be

submitted to the reviewing court ex parte and in camera. This

subsection does not confer or imply any right to judicial review.’’.

TITLE II—ENHANCED SURVEILLANCE

PROCEDURES

SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC

COMMUNICATIONS RELATING TO TERRORISM.

Section 2516(1) of title 18, United States Code, is amended—

(1) by redesignating paragraph (p), as so redesignated by

section 434(2) of the Antiterrorism and Effective Death Penalty

Act of 1996 (Public Law 104–132; 110 Stat. 1274), as paragraph

(r); and

(2) by inserting after paragraph (p), as so redesignated

by section 201(3) of the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996 (division C of Public

Law 104–208; 110 Stat. 3009–565), the following new paragraph:

‘‘(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 COMPUTER FRAUD

AND ABUSE OFFENSES.

Section 2516(1)(c) of title 18, United States Code, is amended

by striking ‘‘and section 1341 (relating to mail fraud),’’ and inserting

‘‘section 1341 (relating to mail fraud), a felony violation of section

1030 (relating to computer fraud and abuse),’’.

SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.

(a) AUTHORITY TO SHARE GRAND JURY INFORMATION.—

18 USC app.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 279

(1) IN GENERAL.—Rule 6(e)(3)(C) of the Federal Rules of

Criminal Procedure is amended to read as follows:

‘‘(C)(i) Disclosure otherwise prohibited by this rule of

matters occurring before the grand jury may also be made—

‘‘(I) when so directed by a court preliminarily to

or in connection with a judicial proceeding;

‘‘(II) when permitted by a court at the request

of the defendant, upon a showing that grounds may

exist for a motion to dismiss the indictment because

of matters occurring before the grand jury;

‘‘(III) when the disclosure is made by an attorney

for the government to another Federal grand jury;

‘‘(IV) when permitted by a court at the request

of an attorney for the government, upon a showing

that such matters may disclose a violation of State

criminal law, to an appropriate official of a State or

subdivision of a State for the purpose of enforcing

such law; or

‘‘(V) when the matters involve foreign intelligence

or counterintelligence (as defined in section 3 of the

National Security Act of 1947 (50 U.S.C. 401a)), or

foreign intelligence information (as defined in clause

(iv) of this subparagraph), to any Federal law enforcement, intelligence, protective, immigration, national

defense, or national security official in order to assist

the official receiving that information in the performance of his official duties.

‘‘(ii) If the court orders disclosure of matters occurring

before the grand jury, the disclosure shall be made in

such manner, at such time, and under such conditions

as the court may direct.

‘‘(iii) Any Federal official to whom information is disclosed pursuant to clause (i)(V) of this subparagraph may

use that information only as necessary in the conduct of

that person’s official duties subject to any limitations on

the unauthorized disclosure of such information. Within

a reasonable time after such disclosure, an attorney for

the government shall file under seal a notice with the

court stating the fact that such information was disclosed

and the departments, agencies, or entities to which the

disclosure was made.

‘‘(iv) In clause (i)(V) of this subparagraph, the term

‘foreign intelligence information’ means—

‘‘(I) information, whether or not concerning a

United States person, that relates to the ability of

the United States to protect against—

‘‘(aa) actual or potential attack or other grave

hostile acts of a foreign power or an agent of

a foreign power;

‘‘(bb) sabotage or international terrorism by

a foreign power or an agent of a foreign power;

or

‘‘(cc) clandestine intelligence activities by an

intelligence service or network of a foreign power

or by an agent of foreign power; or

115 STAT. 280 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(II) information, whether or not concerning a

United States person, with respect to a foreign power

or foreign territory that relates to— ‘‘(aa) the national defense or the security of

the United States; or

‘‘(bb) the conduct of the foreign affairs of the

United States.’’.

(2) CONFORMING AMENDMENT.—Rule 6(e)(3)(D) of the Federal Rules of Criminal Procedure is amended by striking

‘‘(e)(3)(C)(i)’’ and inserting ‘‘(e)(3)(C)(i)(I)’’. (b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTER- CEPTION INFORMATION.— (1) LAW ENFORCEMENT.—Section 2517 of title 18, United

States Code, is amended by inserting at the end the following:

‘‘(6) Any investigative or law enforcement officer, or attorney

for the Government, who by any means authorized by this chapter,

has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose

such contents to any other Federal law enforcement, intelligence,

protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence

or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information

(as defined in subsection (19) of section 2510 of this title), to

assist the official who is to receive that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only

as necessary in the conduct of that person’s official duties subject

to any limitations on the unauthorized disclosure of such information.’’.

(2) DEFINITION.—Section 2510 of title 18, United States

Code, is amended by—

(A) in paragraph (17), by striking ‘‘and’’ after the semicolon;

(B) in paragraph (18), by striking the period and

inserting ‘‘; and’’; and

(C) by inserting at the end the following:

‘‘(19) ‘foreign intelligence information’ means—

‘‘(A) information, whether or not concerning a United

States person, that relates to the ability of the United

States to protect against—

‘‘(i) actual or potential attack or other grave hostile

acts of a foreign power or an agent of a foreign power;

‘‘(ii) sabotage or international terrorism by a foreign power or an agent of a foreign power; or

‘‘(iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by

an agent of a foreign power; or

‘‘(B) information, whether or not concerning a United

States person, with respect to a foreign power or foreign

territory that relates to—

‘‘(i) the national defense or the security of the

United States; or

‘‘(ii) the conduct of the foreign affairs of the United

States.’’.

(c) PROCEDURES.—The Attorney General shall establish procedures for the disclosure of information pursuant to section 2517(6)

18 USC 2517

note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 281

and Rule 6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure

that identifies a United States person, as defined in section 101

of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

1801)).

(d) FOREIGN INTELLIGENCE INFORMATION.— (1) IN GENERAL.—Notwithstanding any other provision of

law, it shall be lawful for foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act

of 1947 (50 U.S.C. 401a)) or foreign intelligence information

obtained as part of a criminal investigation to be disclosed

to any Federal law enforcement, intelligence, protective,

immigration, national defense, or national security official in

order to assist the official receiving that information in the

performance of his official duties. Any Federal official who

receives information pursuant to this provision may use that

information only as necessary in the conduct of that person’s

official duties subject to any limitations on the unauthorized

disclosure of such information.

(2) DEFINITION.—In this subsection, the term ‘‘foreign intelligence information’’ means— (A) information, whether or not concerning a United

States person, that relates to the ability of the United

States to protect against— (i) actual or potential attack or other grave hostile

acts of a foreign power or an agent of a foreign power;

(ii) sabotage or international terrorism by a foreign

power or an agent of a foreign power; or

(iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by

an agent of a foreign power; or

(B) information, whether or not concerning a United

States person, with respect to a foreign power or foreign

territory that relates to— (i) the national defense or the security of the

United States; or

(ii) the conduct of the foreign affairs of the United

States.

SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM

LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF

WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.

Section 2511(2)(f) of title 18, United States Code, is amended— (1) by striking ‘‘this chapter or chapter 121’’ and inserting ‘‘this chapter or chapter 121 or 206 of this title’’; and

(2) by striking ‘‘wire and oral’’ and inserting ‘‘wire, oral,

and electronic’’.

SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU

OF INVESTIGATION.

(a) AUTHORITY.—The Director of the Federal Bureau of Investigation is authorized to expedite the employment of personnel

as translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements

and limitations.

(b) SECURITY REQUIREMENTS.—The Director of the Federal

Bureau of Investigation shall establish such security requirements

as are necessary for the personnel employed as translators under

subsection (a).

28 USC 532 note.

50 USC 403–5d.

115 STAT. 282 PUBLIC LAW 107–56—OCT. 26, 2001

(c) REPORT.—The Attorney General shall report to the Committees on the Judiciary of the House of Representatives and the

Senate on—

(1) the number of translators employed by the FBI and

other components of the Department of Justice;

(2) any legal or practical impediments to using translators

employed by other Federal, State, or local agencies, on a full,

part-time, or shared basis; and

(3) the needs of the FBI for specific translation services

in certain languages, and recommendations for meeting those

needs.

SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN

INTELLIGENCE SURVEILLANCE ACT OF 1978.

Section 105(c)(2)(B) of the Foreign Intelligence Surveillance

Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting ‘‘, or in circumstances where the Court finds that the actions of

the target of the application may have the effect of thwarting

the identification of a specified person, 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.—Section 105(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 the period the following: ‘‘, and

(B) an order under this Act for a surveillance targeted

against an agent of a foreign power, as defined in section

101(b)(1)(A) may be for the period specified in the application or for 120 days, whichever is less’’. (2) PHYSICAL SEARCH.—Section 304(d)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended

by— (A) striking ‘‘forty-five’’ and inserting ‘‘90’’;

(B) inserting ‘‘(A)’’ after ‘‘except that’’; and

(C) inserting before the period the following: ‘‘, and (B)

an order under this section for a physical search targeted

against an agent of a foreign power as defined in section

101(b)(1)(A) may be for the period specified in the application

or for 120 days, whichever is less’’. (b) EXTENSION.— (1) IN GENERAL.—Section 105(d)(2) of the Foreign 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 the period the following: ‘‘, and

(B) an extension of an order under this Act for a surveillance targeted against an agent of a foreign power as

defined in section 101(b)(1)(A) may be for a period not

to exceed 1 year’’.

(2) DEFINED TERM.—Section 304(d)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2) is

amended by inserting after ‘‘not a United States person,’’ the

following: ‘‘or against an agent of a foreign power as defined

in section 101(b)(1)(A),’’.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 283

SEC. 208. DESIGNATION OF JUDGES.

Section 103(a) of the Foreign Intelligence Surveillance Act of

1978 (50 U.S.C. 1803(a)) is amended by—

(1) striking ‘‘seven district court judges’’ and inserting ‘‘11

district court judges’’; and

(2) inserting ‘‘of whom no fewer than 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), by striking beginning with ‘‘and

such’’ and all that follows through ‘‘communication’’; and

(B) in paragraph (14), by inserting ‘‘wire or’’ after

‘‘transmission of’’; and

(2) in subsections (a) and (b) of section 2703—

(A) by striking ‘‘CONTENTS OF ELECTRONIC’’ and

inserting ‘‘CONTENTS OF WIRE OR ELECTRONIC’’ each place

it appears;

(B) by striking ‘‘contents of an electronic’’ and inserting

‘‘contents of a wire or electronic’’ each place it appears;

and

(C) by striking ‘‘any electronic’’ and inserting ‘‘any wire

or electronic’’ each place it appears.

SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC

COMMUNICATIONS.

Section 2703(c)(2) of title 18, United States Code, as redesignated by section 212, is amended—

(1) by striking ‘‘entity the name, address, local and long

distance telephone toll billing records, telephone number or

other subscriber number or identity, and length of service of

a subscriber’’ and inserting the following: ‘‘entity the—

‘‘(A) name;

‘‘(B) address;

‘‘(C) local and long distance telephone connection records,

or records of session times and durations;

‘‘(D) length of service (including start date) and types of

service utilized;

‘‘(E) telephone or instrument number or other subscriber

number or identity, including any temporarily assigned network

address; and

‘‘(F) means and source of payment for such service

(including any credit card or bank account number),

of a subscriber’’; and

(2) by striking ‘‘and the types of services the subscriber

or customer utilized,’’.

SEC. 211. CLARIFICATION OF SCOPE.

Section 631 of the Communications Act of 1934 (47 U.S.C.

551) is amended—

(1) in subsection (c)(2)—

(A) in subparagraph (B), by striking ‘‘or’’;

(B) in subparagraph (C), by striking the period at

the end and inserting ‘‘; or’’; and

(C) by inserting at the end the following:

115 STAT. 284 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(D) to a government entity as authorized under chapters

119, 121, or 206 of title 18, United States Code, except that

such disclosure shall not include records revealing cable subscriber selection of video programming from a cable operator.’’;

and

(2) in subsection (h), by striking ‘‘A governmental entity’’

and inserting ‘‘Except as provided in subsection (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 of title 18, United States

Code, is amended—

(A) by striking the section heading and inserting the

following:

‘‘§ 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 inserting after paragraph (2) the following:

‘‘(3) a provider of remote computing service or electronic

communication service to the public shall not knowingly divulge

a record or other information pertaining to a subscriber to

or customer of such service (not including the contents of

communications covered by paragraph (1) or (2)) to any governmental entity.’’;

(C) in subsection (b), by striking ‘‘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 after subparagraph (B) the following:

‘‘(C) if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay.’’; and

(E) by inserting after subsection (b) the following:

‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS.—

A provider described in subsection (a) may divulge a record or

other information pertaining to a subscriber to or customer of

such service (not including the contents of communications covered

by subsection (a)(1) or (a)(2))—

‘‘(1) as otherwise authorized in section 2703;

‘‘(2) with the lawful consent of the customer or subscriber;

‘‘(3) as may be necessarily incident to the rendition of

the service or to the protection of the rights or property of

the provider of that service;

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 285

‘‘(4) to a governmental entity, if the provider reasonably

believes that an emergency involving immediate danger of

death or serious physical injury to any person justifies disclosure of the information; or

‘‘(5) to any person other than a governmental entity.’’.

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table

of sections for chapter 121 of title 18, United States Code,

is amended by striking the item relating to section 2702 and

inserting the following:

‘‘2702. Voluntary disclosure of customer communications or records.’’.

(b) REQUIREMENTS FOR GOVERNMENT ACCESS.—

(1) IN GENERAL.—Section 2703 of title 18, United States

Code, is amended—

(A) by striking the section heading and inserting the

following:

‘‘§ 2703. Required disclosure of customer communications or

records’’;

(B) in subsection (c) by redesignating paragraph (2)

as paragraph (3);

(C) in subsection (c)(1)— (i) by striking ‘‘(A) Except as provided in subparagraph (B), a provider of electronic communication

service or remote computing service may’’ and inserting ‘‘A governmental entity may require a provider of electronic communication service or remote computing

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 of electronic communication service

or remote computing service shall disclose a record or other

information pertaining to a subscriber to or customer of

such service (not including the contents of communications

covered by subsection (a) or (b) of this section) to a governmental entity’’ and inserting ‘‘)’’;

(iii) by redesignating subparagraph (C) as paragraph (2);

(iv) by redesignating clauses (i), (ii), (iii), and (iv)

as subparagraphs (A), (B), (C), and (D), respectively;

(v) in subparagraph (D) (as redesignated) by

striking the period and inserting ‘‘; or’’; and

(vi) by inserting after subparagraph (D) (as

redesignated) the following:

‘‘(E) seeks information under paragraph (2).’’; and

(D) in paragraph (2) (as redesignated) by striking

‘‘subparagraph (B)’’ and insert ‘‘paragraph (1)’’.

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table

of sections for chapter 121 of title 18, United States Code,

is amended by striking the item relating to 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 States Code, is amended—

115 STAT. 286 PUBLIC LAW 107–56—OCT. 26, 2001

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In addition’’;

and

(2) by adding at the end the following: ‘‘(b) DELAY.—With respect to the issuance of any warrant or

court order under this section, or any other rule of law, to search

for and seize any property or material that constitutes evidence

of a criminal offense in 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 reasonable cause to believe that providing immediate notification of the execution of the warrant

may have an adverse result (as defined in section 2705); ‘‘(2) the warrant prohibits the seizure of any tangible property, any wire or electronic communication (as defined in section

2510), or, except as expressly provided in chapter 121, any

stored wire or electronic information, except where the court

finds reasonable necessity for the seizure; and ‘‘(3) the warrant provides for the giving of such notice

within a reasonable period of its execution, which period may

thereafter be extended by the court for good cause shown.’’.

SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER

FISA.

(a) APPLICATIONS AND ORDERS.—Section 402 of the Foreign

Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended—

(1) in subsection (a)(1), by striking ‘‘for any investigation

to gather foreign intelligence information or information concerning international terrorism’’ and inserting ‘‘for any investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is

not conducted solely upon the basis of activities protected by

the first amendment to the Constitution’’;

(2) by amending subsection (c)(2) to read as follows:

‘‘(2) a certification by the applicant that the information

likely to be obtained is foreign intelligence information not

concerning a United States person or is relevant to an ongoing

investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation

of a United States person is not conducted solely upon the

basis of activities protected by the first amendment to the

Constitution.’’;

(3) by striking subsection (c)(3); and

(4) by amending subsection (d)(2)(A) to read as follows:

‘‘(A) shall specify—

‘‘(i) the identity, if known, of the person who is

the subject of the investigation;

‘‘(ii) the identity, if known, of the person to whom

is leased or in whose name is listed the telephone

line or other facility to which the pen register or trap

and trace device is to be attached or applied;

‘‘(iii) the attributes of the communications to which

the order applies, such as the number or other identifier, and, if known, the location of the telephone line

or other facility to which the pen register or trap

and trace device is to be attached or applied and,

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 287

in the case of a trap and trace device, the geographic

limits of the trap and trace order.’’. (b) AUTHORIZATION DURING EMERGENCIES.—Section 403 of the

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is

amended—

(1) in subsection (a), by striking ‘‘foreign intelligence

information or information concerning international terrorism’’ and inserting ‘‘foreign intelligence information not concerning

a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is

not conducted solely upon the basis of activities protected by

the first amendment to the Constitution’’; and

(2) in subsection (b)(1), by striking ‘‘foreign intelligence

information or information concerning international terrorism’’ and inserting ‘‘foreign intelligence information not concerning

a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is

not conducted solely upon the basis of activities protected by

the first amendment to the Constitution’’.

SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT.

Title V of the Foreign Intelligence Surveillance Act of 1978

(50 U.S.C. 1861 et seq.) is amended by striking sections 501 through

503 and inserting the following:

‘‘SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN

INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.

‘‘(a)(1) The Director of the Federal Bureau of Investigation

or a designee of the Director (whose rank shall be no lower than

Assistant Special Agent in Charge) may make an application for

an order requiring the production of any tangible things (including

books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United

States person is not conducted solely upon the basis of activities

protected by the first amendment to the Constitution.

‘‘(2) An investigation conducted under this section shall—

‘‘(A) be conducted under guidelines approved by the

Attorney General under Executive Order 12333 (or a successor

order); and

‘‘(B) not be conducted of a United States person solely

upon the basis of activities protected by the first amendment

to the Constitution of the United States.

‘‘(b) Each application under this section—

‘‘(1) shall be made to—

‘‘(A) a judge of the court established by section 103(a);

or

‘‘(B) a United States Magistrate Judge under chapter

43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have

the power to hear applications and grant orders for the

production of tangible things under this section on behalf

of a judge of that court; and

50 USC 1861.

115 STAT. 288 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(2) shall specify that the records concerned are sought

for an authorized investigation conducted in accordance with

subsection (a)(2) to obtain foreign intelligence information not

concerning a United States person or to protect against international terrorism or clandestine intelligence activities.

‘‘(c)(1) Upon an application made pursuant to this section, the

judge shall enter an ex parte order as requested, or as modified,

approving the release of records if the judge finds that the application meets the requirements of this section. ‘‘(2) An order under this subsection shall not disclose that

it is issued for purposes of an investigation described in subsection

(a). ‘‘(d) No person shall disclose to any other person (other than

those persons necessary to produce the tangible things under this

section) that the Federal Bureau of Investigation has sought or

obtained tangible things under this section. ‘‘(e) A person who, in good faith, produces tangible things

under an order pursuant to this section shall not be liable to

any other person for such production. Such production shall not

be deemed to constitute a waiver of any privilege in any other

proceeding or context.

‘‘SEC. 502. CONGRESSIONAL OVERSIGHT.

‘‘(a) On a semiannual basis, the Attorney General shall fully

inform the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intelligence

of the Senate concerning all requests for the production of tangible

things under section 402. ‘‘(b) On a semiannual basis, the Attorney General shall provide

to the Committees on the Judiciary of the House of Representatives

and the Senate a report setting forth with respect to the preceding

6-month period— ‘‘(1) the total number of applications made for orders

approving requests for the production of tangible things under

section 402; and ‘‘(2) the total number of such orders 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 and trace 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 or electronic communications

so as not to include the contents of any wire or electronic

communications’’.

(b) ISSUANCE OF ORDERS.—

(1) IN GENERAL.—Section 3123(a) of title 18, United States

Code, is amended to read as follows:

‘‘(a) IN GENERAL.—

‘‘(1) ATTORNEY FOR THE GOVERNMENT.—Upon an application made under section 3122(a)(1), the court shall enter an

ex parte order authorizing the installation and use of a pen

register or trap and trace device anywhere within the United

States, if the court finds that the attorney for the Government

50 USC 1862.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 289

has certified to the court that the information likely to be

obtained by such installation and use is relevant to an ongoing

criminal investigation. The order, upon service of that order,

shall apply to any person or entity providing wire or electronic

communication service in the United States whose assistance

may facilitate the execution of the order. Whenever such an

order is served on any person or entity not specifically named

in the order, upon request of such person or entity, the attorney

for the Government or law enforcement or investigative officer

that is serving the order shall provide written or electronic

certification that the order applies to the person or entity

being served.

‘‘(2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER.—

Upon an application made under section 3122(a)(2), the court

shall enter an ex parte order authorizing the installation and

use of a pen register or trap and trace device within the

jurisdiction of the court, if the court finds that the State law

enforcement or investigative officer has certified to the court

that the information likely to be obtained by such installation

and use is relevant to an ongoing criminal investigation.

‘‘(3)(A) Where the law enforcement agency implementing

an ex parte order under this subsection seeks to do so by

installing and using its own pen register or trap and trace

device on a packet-switched data network of a provider of

electronic communication service to the public, the agency shall

ensure that a record will be maintained which will identify—

‘‘(i) any officer or officers who installed the device

and any officer or officers who accessed the device to obtain

information from the network;

‘‘(ii) the date and time the device was installed, the

date and time the device was uninstalled, and the date,

time, and duration of each time the device is accessed

to obtain information;

‘‘(iii) the configuration of the device at the time of

its installation and any subsequent modification thereof;

and

‘‘(iv) any information which has been collected by the

device.

To the extent that the pen register or trap and trace device

can be set automatically to record this information electronically, the record shall be maintained electronically throughout

the installation and use of such device.

‘‘(B) The record maintained under subparagraph (A) shall

be provided ex parte and under seal to the court which entered

the ex parte order authorizing the installation and use of the

device within 30 days after termination of the order (including

any extensions thereof).’’.

(2) CONTENTS OF ORDER.—Section 3123(b)(1) of title 18,

United States Code, is amended—

(A) in subparagraph (A)—

(i) by inserting ‘‘or other facility’’ after ‘‘telephone

line’’; and

(ii) by inserting before the semicolon at the end

‘‘or applied’’; and

(B) by striking subparagraph (C) and inserting the

following:

115 STAT. 290 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(C) the attributes of the communications to which

the order applies, including the number or other identifier

and, if known, the location of the telephone line or other

facility to which the pen register or trap and trace device

is to be attached or applied, and, in the case of an order

authorizing installation and use of a trap and trace device

under subsection (a)(2), the geographic limits of the order;

and’’.

(3) NONDISCLOSURE REQUIREMENTS.—Section 3123(d)(2) of

title 18, United States Code, is amended— (A) by inserting ‘‘or other facility’’ after ‘‘the line’’;

and

(B) by striking ‘‘, or who has been ordered by the

court’’ and inserting ‘‘or applied, or who is obligated by

the order’’. (c) DEFINITIONS.— (1) COURT OF COMPETENT JURISDICTION.—Section 3127(2)

of title 18, United States Code, is amended by striking subparagraph (A) and inserting the following:

‘‘(A) any district court of the United States (including

a magistrate judge of such a court) or any United States

court of appeals having 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 ‘‘is attached’’ and inserting ‘‘dialing,

routing, addressing, or signaling information transmitted

by an instrument or facility from which a wire or electronic

communication is transmitted, provided, however, that

such information shall not include the contents of any

communication’’; and

(B) by inserting ‘‘or process’’ after ‘‘device’’ each place

it appears.

(3) TRAP AND TRACE DEVICE.—Section 3127(4) of title 18,

United States Code, is amended—

(A) by striking ‘‘of an instrument’’ and all that follows

through the semicolon and inserting ‘‘or other dialing,

routing, addressing, and signaling information reasonably

likely to identify the source of a wire or electronic communication, provided, however, that such information shall

not include the contents of any communication;’’; and

(B) by inserting ‘‘or process’’ after ‘‘a device’’.

(4) CONFORMING AMENDMENT.—Section 3127(1) of title 18,

United States Code, is amended—

(A) by striking ‘‘and’’; and

(B) by inserting ‘‘, and ‘contents’ ’’ after ‘‘electronic

communication service’’.

(5) TECHNICAL AMENDMENT.—Section 3124(d) of title 18,

United States Code, is amended by striking ‘‘the terms of’’.

(6) CONFORMING AMENDMENT.—Section 3124(b) of title 18,

United States Code, is amended by inserting ‘‘or other facility’’

after ‘‘the appropriate line’’.

SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.

Chapter 119 of title 18, United States Code, is amended—

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 291

(1) in section 2510— (A) in paragraph (18), by striking ‘‘and’’ at the end;

(B) in paragraph (19), by striking the period and

inserting a semicolon; and

(C) by inserting after paragraph (19) the following:

‘‘(20) ‘protected computer’ has the meaning set forth in

section 1030; and

‘‘(21) ‘computer trespasser’—

‘‘(A) means a person who accesses a protected computer

without authorization and thus has no reasonable expectation of privacy in any communication transmitted to,

through, or from the protected computer; and

‘‘(B) does not include a person known by the owner

or operator of the protected computer to have an existing

contractual relationship with the owner or operator of the

protected computer for access to all or part of the protected

computer.’’; and

(2) in section 2511(2), by inserting at the end the following:

‘‘(i) It shall not be unlawful under this chapter for a person

acting under color of law to intercept the wire or electronic communications of a computer trespasser transmitted to, through, or from

the protected computer, if—

‘‘(I) the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer;

‘‘(II) the person acting under color of law is lawfully

engaged in an investigation;

‘‘(III) the person acting under color of law has reasonable

grounds to believe that the contents of the computer trespasser’s communications will be relevant to the investigation;

and

‘‘(IV) such interception does not acquire communications

other than those transmitted to or from the computer trespasser.’’.

SEC. 218. FOREIGN INTELLIGENCE INFORMATION.

Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C.

1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence Surveillance Act of 1978 are each amended by striking ‘‘the purpose’’

and inserting ‘‘a significant purpose’’.

SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.

Rule 41(a) of the Federal Rules of Criminal Procedure is

amended by inserting after ‘‘executed’’ the following: ‘‘and (3) in

an investigation of domestic terrorism or international terrorism

(as defined in section 2331 of title 18, United States Code), by

a Federal magistrate judge in any district in which activities related

to the terrorism may have occurred, for a search of property or

for a person within or 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 it appears and inserting

‘‘using the procedures described in the Federal Rules of

18 USC app.

115 STAT. 292 PUBLIC LAW 107–56—OCT. 26, 2001

Criminal Procedure by a court with jurisdiction over the offense

under investigation’’; and

(2) in section 2711— (A) in paragraph (1), by striking ‘‘and’’;

(B) in paragraph (2), by striking the period and

inserting ‘‘; and’’; and

(C) by inserting at the end the following:

‘‘(3) the term ‘court of competent jurisdiction’ has the

meaning assigned by section 3127, and includes any Federal

court within that definition, without geographic limitation.’’.

(b) CONFORMING AMENDMENT.—Section 2703(d) of title 18,

United States Code, is amended by striking ‘‘described in section

3127(2)(A)’’.

SEC. 221. TRADE SANCTIONS.

(a) IN GENERAL.—The Trade Sanctions Reform and Export

Enhancement Act of 2000 (Public Law 106–387; 114 Stat. 1549A– 67) is amended— (1) by amending section 904(2)(C) to read as follows: ‘‘(C) used to facilitate the design, development, or

production of chemical or biological weapons, missiles, or

weapons of mass destruction.’’;

(2) in section 906(a)(1)— (A) by inserting ‘‘, the Taliban or the territory of

Afghanistan controlled by the Taliban,’’ after ‘‘Cuba’’; and

(B) by inserting ‘‘, or in the territory of Afghanistan

controlled by the Taliban,’’ 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 OF THE TRADE SANCTIONS REFORM AND EXPORT

ENHANCEMENT ACT.—Nothing in the Trade Sanctions Reform and

Export Enhancement Act of 2000 shall limit the application or

scope of any law establishing criminal or civil penalties, including

any Executive order or regulation promulgated pursuant to such

laws (or similar or 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. 12947 of January 23, 1995,

as amended;

(2) a Foreign Terrorist Organization pursuant to the

Antiterrorism and Effective Death Penalty 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 trafficking entity designated pursuant

to Executive Order No. 12978 (October 21, 1995) or the Foreign

Narcotics Kingpin Designation Act (Public Law 106–120); or

(5) any foreign organization, group, or persons subject to

any restriction for its involvement in weapons of mass destruction or missile proliferation.

SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.

Nothing in this Act shall impose any additional technical obligation or requirement on a provider of a wire or electronic communication service or other person to furnish facilities or technical assistance. A provider of a wire or electronic communication service,

18 USC 3124

note.

22 USC 7210.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 293

landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to section 216 shall be reasonably compensated for such reasonable expenditures incurred in providing

such facilities or assistance.

SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.

(a) Section 2520 of title 18, United States Code, is amended— (1) in subsection (a), after ‘‘entity’’, by inserting ‘‘, other

than the United States,’’;

(2) by adding at the end the following: ‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate

department or agency determines that the United States or any

of its departments or agencies has violated any provision of this

chapter, and the court or appropriate department or agency finds

that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United

States acted willfully or intentionally with respect to the violation,

the department or agency shall, upon receipt of a true and correct

copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether

disciplinary action against the officer or employee is warranted.

If the head of the department or agency involved determines that

disciplinary action is not warranted, he or she shall notify the

Inspector General with jurisdiction over the department or agency

concerned and shall provide the Inspector General with the reasons

for such determination.’’; and

(3) by adding a new subsection (g), as follows:

‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by section

2517 is a violation of this chapter for purposes of section 2520(a).’’.

(b) Section 2707 of title 18, United States Code, is amended—

(1) in subsection (a), after ‘‘entity’’, by inserting ‘‘, other

than the United States,’’;

(2) by striking subsection (d) and inserting the following:

‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate

department or agency determines that the United States or any

of its departments or agencies has violated any provision of this

chapter, and the court or appropriate department or agency finds

that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United

States acted willfully or intentionally with respect to the violation,

the department or agency shall, upon receipt of a true and correct

copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether

disciplinary action against the officer or employee is warranted.

If the head of the department or agency involved determines that

disciplinary action is not warranted, he or she shall notify the

Inspector General with jurisdiction over the department or agency

concerned and shall provide the Inspector General with the reasons

for such determination.’’; and

(3) by adding a new subsection (g), as follows:

‘‘(g) IMPROPER DISCLOSURE.—Any willful disclosure of a ‘record’,

as that term is defined in section 552a(a) of title 5, United States

Code, obtained by an investigative or law enforcement officer, or

a governmental entity, pursuant to section 2703 of this title, or

115 STAT. 294 PUBLIC LAW 107–56—OCT. 26, 2001

from a device installed pursuant to section 3123 or 3125 of this

title, that is not a disclosure made in the proper performance

of the official functions of the officer or governmental entity making

the disclosure, is a violation of this chapter. This provision shall

not apply to information previously lawfully disclosed (prior to

the commencement of any civil or administrative proceeding under

this chapter) to the public by a Federal, State, or local governmental

entity or by the plaintiff in a civil action under this chapter.’’.

(c)(1) Chapter 121 of title 18, United States Code, is amended

by adding at the end the following:

‘‘§ 2712. Civil actions against the United States

‘‘(a) IN GENERAL.—Any person who is aggrieved by any willful

violation of 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 of 1978 (50 U.S.C. 1801 et seq.) may commence an action

in United States District Court against the United States to recover

money damages. In any such action, if a person who is aggrieved

successfully establishes such a violation of this chapter or of chapter

119 of this title or of the above specific provisions of title 50,

the Court may assess as damages— ‘‘(1) actual damages, but not less than $10,000, whichever

amount is greater; and ‘‘(2) litigation costs, reasonably incurred. ‘‘(b) PROCEDURES.—(1) Any action against the United States

under this section may be commenced only after a claim is presented

to the appropriate department or agency under the procedures

of the Federal Tort Claims Act, as set forth in title 28, United

States Code.

‘‘(2) Any action against the United States under this section

shall be forever barred unless it is presented in writing to the

appropriate Federal agency within 2 years after such claim accrues

or unless action is begun within 6 months after the date of mailing,

by certified or registered mail, of notice of final denial of the

claim by the agency to which it was presented. The claim shall

accrue on the date upon which the claimant first has a reasonable

opportunity to discover the violation.

‘‘(3) Any action under this section shall be tried to the court

without a jury.

‘‘(4) Notwithstanding any other provision of law, the procedures

set forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall

be the exclusive means by which materials governed by those sections may be reviewed.

‘‘(5) An amount equal to any award against the United States

under this section shall be reimbursed by the department or agency

concerned to the fund described in section 1304 of title 31, United

States Code, out of any appropriation, fund, or other account

(excluding any part of such appropriation, fund, or account that

is available for the enforcement of any Federal law) that is available

for the operating expenses of the department or agency concerned.

‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate

department or agency determines that the United States or any

of its departments or agencies has violated any provision of this

chapter, and the court or appropriate department or agency finds

that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 295

States acted willfully or intentionally with respect to the violation,

the department or agency shall, upon receipt of a true and correct

copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether

disciplinary action against the officer or employee is warranted.

If the head of the department or agency involved determines that

disciplinary action is not warranted, he or she shall notify the

Inspector General with jurisdiction over the department or agency

concerned and shall provide the Inspector General with the reasons

for such determination.

‘‘(d) EXCLUSIVE REMEDY.—Any action against the United States

under this subsection shall be the exclusive remedy against the

United States for any claims within the purview of this section. ‘‘(e) STAY OF PROCEEDINGS.—(1) Upon the motion of the United

States, the court shall stay any action commenced under this section

if the court determines that civil discovery will adversely affect

the ability of the Government to conduct a related investigation

or the prosecution of a related criminal case. Such a stay shall

toll the limitations periods of paragraph (2) of subsection (b). ‘‘(2) In this subsection, the terms ‘related criminal case’ and ‘related investigation’ mean an actual prosecution or investigation

in progress at the time at which the request for the stay or any

subsequent motion to lift the stay is made. In determining whether

an investigation or a criminal case is related to an action commenced under this section, the court shall consider the degree

of similarity between the parties, witnesses, facts, and circumstances involved in the 2 proceedings, without requiring that

any one or more factors be identical.

‘‘(3) In requesting a stay under paragraph (1), the Government

may, in appropriate cases, submit evidence ex parte in order to

avoid disclosing any matter that may adversely affect a related

investigation or a related criminal case. If the Government makes

such an ex parte submission, the plaintiff shall be given an opportunity to make a submission to 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 beginning of chapter 121 is

amended to read as follows:

‘‘2712. Civil action against the United States.’’.

SEC. 224. SUNSET.

(a) IN GENERAL.—Except as provided in subsection (b), this

title and the amendments made by this title (other than sections

203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222,

and the amendments made by those sections) shall cease to have

effect on December 31, 2005.

(b) EXCEPTION.—With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in subsection (a) cease to have effect, or with

respect to any particular offense or potential offense that began

or occurred before the date on which such provisions cease to

have effect, such provisions shall continue in effect.

SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.

Section 105 of the Foreign Intelligence Surveillance Act of

1978 (50 U.S.C. 1805) is amended by inserting after subsection

(g) the following:

18 USC 2510

note.

115 STAT. 296 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(h) No cause of action shall lie in any court against any

provider of a wire or electronic communication service, landlord,

custodian, or other person (including any officer, employee, agent,

or other specified person thereof) that furnishes any information,

facilities, or technical assistance in accordance with a court order

or request for emergency assistance under this Act.’’.

TITLE III—INTERNATIONAL MONEY

LAUNDERING ABATEMENT AND ANTITERRORIST FINANCING ACT OF 2001

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘International Money Laundering

Abatement and Financial Anti-Terrorism Act of 2001’’.

SEC. 302. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that—

(1) money laundering, estimated by the International Monetary Fund to amount to between 2 and 5 percent of global

gross domestic product, which is at least $600,000,000,000

annually, provides the financial fuel that permits transnational

criminal enterprises to conduct and expand their operations

to the detriment of the safety and security of American citizens;

(2) money laundering, and the defects in financial transparency on which money launderers rely, are critical to the

financing of global terrorism and the provision of funds for

terrorist attacks;

(3) money launderers subvert legitimate financial mechanisms and banking relationships by using them as protective

covering for the movement of criminal proceeds and the

financing of crime and terrorism, and, by so doing, can threaten

the safety of United States citizens and undermine the integrity

of United States financial institutions and of the global financial

and trading systems upon which prosperity and growth depend;

(4) certain jurisdictions outside of the United States that

offer ‘‘offshore’’ banking and related facilities designed to provide anonymity, coupled with weak financial supervisory and

enforcement regimes, provide essential tools to disguise ownership and movement of criminal funds, derived from, or used

to commit, offenses ranging from narcotics trafficking, terrorism, arms smuggling, and trafficking in human beings, to

financial frauds that prey on law-abiding citizens;

(5) transactions involving such offshore jurisdictions make

it difficult for law enforcement officials and regulators to follow

the trail of money earned by criminals, organized international

criminal enterprises, and global terrorist organizations;

(6) correspondent banking facilities are one of the banking

mechanisms susceptible in some circumstances to manipulation

by foreign banks to permit the laundering of funds by hiding

the identity of real parties in interest to financial transactions;

(7) private banking services can be susceptible to manipulation by money launderers, for example corrupt foreign government officials, particularly if those services include the creation

of offshore accounts and facilities for large personal funds transfers to channel funds into accounts around the globe;

31 USC 5311

note.

31 USC 5301

note.

International

Money

Laundering

Abatement and

Financial AntiTerrorism Act of

2001.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 297

(8) United States anti-money laundering efforts are

impeded by outmoded and inadequate statutory provisions that

make investigations, prosecutions, and forfeitures more difficult, particularly in cases in which money laundering involves

foreign persons, foreign banks, or foreign countries;

(9) the ability to mount effective counter-measures to international money launderers requires national, as well as

bilateral and multilateral action, using tools specially designed

for that effort; and

(10) the Basle Committee on Banking Regulation and

Supervisory Practices and the Financial Action Task Force

on Money Laundering, of both of which the United States

is a member, have each adopted international anti-money laundering principles and recommendations.

(b) PURPOSES.—The purposes of this title are—

(1) to increase the strength of United States measures

to prevent, detect, and prosecute international money laundering and the financing of terrorism;

(2) to ensure that—

(A) banking transactions and financial relationships

and the conduct of such transactions and relationships,

do not contravene the purposes of subchapter II of chapter

53 of title 31, United States Code, section 21 of the Federal

Deposit Insurance Act, or chapter 2 of title I of Public

Law 91–508 (84 Stat. 1116), or facilitate the evasion of

any such provision; and

(B) the purposes of such provisions of law continue

to be fulfilled, and such provisions of law are effectively

and efficiently administered;

(3) to strengthen the provisions put into place by the Money

Laundering Control Act of 1986 (18 U.S.C. 981 note), especially

with respect to crimes by non-United States nationals and

foreign financial institutions;

(4) to provide a clear national mandate for subjecting to

special scrutiny those foreign jurisdictions, financial institutions

operating outside of the United States, and classes of international transactions or types of accounts that pose particular,

identifiable opportunities for criminal abuse;

(5) to provide the Secretary of the Treasury (in this title

referred to as the ‘‘Secretary’’) with broad discretion, subject

to the safeguards provided by the Administrative Procedure

Act under title 5, United States Code, to take measures tailored

to the particular money laundering problems presented by specific foreign jurisdictions, financial institutions operating outside of the United States, and classes of international transactions or types of accounts;

(6) to ensure that the employment of such measures by

the Secretary permits appropriate opportunity for comment

by affected financial institutions;

(7) to provide guidance to domestic financial institutions

on particular foreign jurisdictions, financial institutions operating outside of the United States, and classes of international

transactions that are of primary money laundering concern

to the United States Government;

(8) to ensure that the forfeiture of any assets in connection

with the anti-terrorist efforts of the United States permits

115 STAT. 298 PUBLIC LAW 107–56—OCT. 26, 2001

for adequate challenge consistent with providing due process

rights;

(9) to clarify the terms of the safe harbor from civil liability

for filing suspicious activity reports;

(10) to strengthen the authority of the Secretary to issue

and administer geographic targeting orders, and to clarify that

violations of such orders or any other requirement imposed

under the authority contained in chapter 2 of title I of Public

Law 91–508 and subchapters II and III of chapter 53 of title

31, United States Code, may result in criminal and civil penalties;

(11) to ensure that all appropriate elements of the financial

services industry are subject to appropriate requirements to

report potential money laundering transactions to proper

authorities, and that jurisdictional disputes do not hinder examination of compliance by financial institutions with relevant

reporting requirements;

(12) to strengthen the ability of financial institutions to

maintain the integrity of their employee population; and

(13) to strengthen measures to prevent the use of the

United States financial system for personal gain by corrupt

foreign officials and to facilitate the repatriation of any stolen

assets to the citizens of countries to whom such assets belong.

SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED CONSIDERATION.

(a) IN GENERAL.—Effective on and after the first day of fiscal

year 2005, the provisions of this title and the amendments made

by this title shall terminate if the Congress enacts a joint resolution,

the text after the resolving clause of which is as follows: ‘‘That

provisions of the International Money Laundering Abatement and

Anti-Terrorist Financing Act of 2001, and the amendments made

thereby, shall no longer have the force of law.’’.

(b) EXPEDITED CONSIDERATION.—Any joint resolution submitted

pursuant to this section should be considered by the Congress

expeditiously. In particular, it shall be considered in the Senate

in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Control Act of 1976.

Subtitle A—International Counter Money

Laundering and Related Measures

SEC. 311. SPECIAL MEASURES FOR JURISDICTIONS, FINANCIAL

INSTITUTIONS, OR INTERNATIONAL TRANSACTIONS OF

PRIMARY MONEY LAUNDERING CONCERN.

(a) IN GENERAL.—Subchapter II of chapter 53 of title 31, United

States Code, is amended by inserting after section 5318 the following new section:

‘‘§ 5318A. Special measures for jurisdictions, financial institutions, or international transactions of primary

money laundering concern

‘‘(a) INTERNATIONAL COUNTER-MONEY LAUNDERING REQUIREMENTS.—

‘‘(1) IN GENERAL.—The Secretary of the Treasury may

require domestic financial institutions and domestic financial

Effective date.

31 USC 5311

note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 299

agencies to take 1 or more of the special measures described

in subsection (b) if the Secretary finds that reasonable grounds

exist for concluding that a jurisdiction outside of the United

States, 1 or more financial institutions operating outside of

the United States, 1 or more classes of transactions within,

or involving, a jurisdiction outside of the United States, or

1 or more types of accounts is of primary money laundering

concern, in accordance with subsection (c).

‘‘(2) FORM OF REQUIREMENT.—The special measures

described in—

‘‘(A) subsection (b) may be imposed in such sequence

or combination as the Secretary shall 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) may be 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 than an order described

in section 5326)—

‘‘(A) shall be issued together with a notice of proposed

rulemaking relating to the imposition of such special

measure; and

‘‘(B) may not remain in effect for more than 120 days,

except pursuant to a rule promulgated on or before the

end of the 120-day period beginning on the date of issuance

of such order.

‘‘(4) PROCESS FOR SELECTING SPECIAL MEASURES.—In

selecting which special measure or measures to take under

this subsection, the Secretary of the Treasury—

‘‘(A) shall consult with the Chairman of the Board

of Governors of the Federal Reserve System, any other

appropriate Federal banking agency, as defined in section

3 of the Federal Deposit Insurance Act, the Secretary of

State, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the National Credit

Union Administration Board, and in the sole discretion

of the Secretary, such other agencies and interested parties

as the Secretary may find to be appropriate; and

‘‘(B) shall consider—

‘‘(i) whether similar action has been or is being

taken by other nations or multilateral groups;

‘‘(ii) whether the imposition of any particular special measure would create a significant competitive

disadvantage, including any undue cost or burden associated with compliance, for financial institutions organized or licensed in the United States;

‘‘(iii) the extent to which the action or the timing

of the action would have a significant adverse systemic

impact on the international payment, clearance, and

settlement system, or on legitimate business activities

involving the particular jurisdiction, institution, or

class of transactions; and

‘‘(iv) the effect of the action on United States

national security and foreign policy.

115 STAT. 300 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(5) NO LIMITATION ON OTHER AUTHORITY.—This section

shall not be construed as superseding or otherwise restricting

any other authority granted to the Secretary, or to any other

agency, by this subchapter or otherwise.

‘‘(b) SPECIAL MEASURES.—The special measures referred to in

subsection (a), with respect to a jurisdiction outside of the United

States, financial institution operating outside of the United States,

class of transaction within, or involving, a jurisdiction outside of

the United States, or 1 or more types of accounts are as follows:

‘‘(1) RECORDKEEPING AND REPORTING OF CERTAIN FINANCIAL

TRANSACTIONS.—

‘‘(A) IN GENERAL.—The Secretary of the Treasury may

require any domestic financial institution or domestic

financial agency to maintain records, file reports, or both,

concerning the aggregate amount of transactions, or concerning each transaction, with respect to a jurisdiction

outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more

classes of transactions within, or involving, a jurisdiction

outside of the United States, or 1 or more types of accounts

if the Secretary finds any such jurisdiction, institution,

or class of transactions to be of primary money laundering

concern.

‘‘(B) FORM OF RECORDS AND REPORTS.—Such records

and reports shall be made and retained at such time,

in such manner, and for such period of time, as the Secretary shall determine, and shall include such information

as the Secretary may determine, including—

‘‘(i) the identity and address of the participants

in a transaction or relationship, including the identity

of the originator of any funds transfer;

‘‘(ii) the legal capacity in which a participant in

any transaction is acting;

‘‘(iii) the identity of the beneficial owner of the

funds involved in any transaction, in accordance with

such procedures as the Secretary determines to be

reasonable and practicable to obtain and retain the

information; and

‘‘(iv) a description of any transaction.

‘‘(2) INFORMATION RELATING TO BENEFICIAL OWNERSHIP.—

In addition to any other requirement under any other provision

of law, the Secretary may require any domestic financial institution or domestic financial agency to take such steps as the

Secretary may determine to be reasonable and practicable to

obtain and retain information concerning the beneficial ownership of any account opened or maintained in the United States

by a foreign person (other than a foreign entity whose shares

are subject to public reporting requirements or are listed and

traded on a regulated exchange or trading market), or a representative of such a foreign person, that involves a jurisdiction

outside of the United States, 1 or more financial institutions

operating outside of the United States, 1 or more classes of

transactions within, or involving, a jurisdiction outside of the

United States, or 1 or more types of accounts if the Secretary

finds any such jurisdiction, institution, or transaction or type

of account to be of primary money laundering concern.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 301

‘‘(3) INFORMATION RELATING TO CERTAIN PAYABLE-THROUGH

ACCOUNTS.—If the Secretary finds a jurisdiction outside of the

United States, 1 or more financial institutions operating outside

of the United States, or 1 or more classes of transactions

within, or involving, a jurisdiction outside of the United States

to be of primary money laundering concern, the Secretary may

require any domestic financial institution or domestic financial

agency that opens or maintains a payable-through account in

the United States for a foreign financial institution involving

any such jurisdiction or any such financial institution operating

outside of the United States, or a payable through account

through which any such transaction may be conducted, as

a condition of opening or maintaining such account—

‘‘(A) to identify each customer (and representative of

such customer) of such financial institution who is permitted to use, or whose transactions are routed through,

such payable-through account; and

‘‘(B) to obtain, with respect to each such customer

(and each such representative), information that is substantially comparable to that which the depository institution

obtains in the ordinary course of business with respect

to its customers residing in the United States.

‘‘(4) INFORMATION RELATING TO CERTAIN CORRESPONDENT

ACCOUNTS.—If the Secretary finds a jurisdiction outside of the

United States, 1 or more financial institutions operating outside

of the United States, or 1 or more classes of transactions

within, or involving, a jurisdiction outside of the United States

to be of primary money laundering concern, the Secretary may

require any domestic financial institution or domestic financial

agency that opens or maintains a correspondent account in

the United States for a foreign financial institution involving

any such jurisdiction or any such financial institution operating

outside of the United States, or a correspondent account

through which any such transaction may be conducted, as

a condition of opening or maintaining such account— ‘‘(A) to identify each customer (and representative of

such customer) of any such financial institution who is

permitted to use, or whose transactions are routed through,

such correspondent account; and

‘‘(B) to obtain, with respect to each such customer

(and each such representative), information that is substantially comparable to that which the depository institution

obtains in the ordinary course of business with respect

to its customers residing in the United States.

‘‘(5) PROHIBITIONS OR CONDITIONS ON OPENING OR

MAINTAINING CERTAIN CORRESPONDENT OR PAYABLE-THROUGH

ACCOUNTS.—If the Secretary finds a jurisdiction outside of the

United States, 1 or more financial institutions operating outside

of the United States, or 1 or more classes of transactions

within, or involving, a jurisdiction outside of the United States

to be of primary money laundering concern, the Secretary,

in consultation with the Secretary of State, the Attorney General, and the Chairman of the Board of Governors of the Federal

Reserve System, may prohibit, or impose conditions upon, the

opening or maintaining in the United States of a correspondent

account or payable- through account by any domestic financial

institution or domestic financial agency for or on behalf of

115 STAT. 302 PUBLIC LAW 107–56—OCT. 26, 2001

a foreign banking institution, if such correspondent account

or payable-through account involves any such jurisdiction or

institution, or if any such transaction may be conducted through

such correspondent account or payable-through account.

‘‘(c) CONSULTATIONS AND INFORMATION TO BE CONSIDERED IN

FINDING JURISDICTIONS, INSTITUTIONS, TYPES OF ACCOUNTS, OR

TRANSACTIONS TO BE OF PRIMARY MONEY LAUNDERING CONCERN.— ‘‘(1) IN GENERAL.—In making a finding that reasonable

grounds exist for concluding that a jurisdiction outside of the

United States, 1 or more financial institutions operating outside

of the United States, 1 or more classes of transactions within,

or involving, a jurisdiction outside of the United States, or

1 or more types of accounts is of primary money laundering

concern so as to authorize the Secretary of the Treasury to

take 1 or more of the special measures described in subsection

(b), the Secretary shall consult with the Secretary of State

and the Attorney General. ‘‘(2) ADDITIONAL CONSIDERATIONS.—In making a finding

described in paragraph (1), the Secretary shall consider in

addition such information as the Secretary determines to be

relevant, including the following potentially relevant factors:

‘‘(A) JURISDICTIONAL FACTORS.—In the case of a particular jurisdiction—

‘‘(i) evidence that organized criminal groups, international terrorists, or both, have transacted business

in that jurisdiction;

‘‘(ii) the extent to which that jurisdiction or financial institutions operating in that jurisdiction offer

bank secrecy or special regulatory advantages to nonresidents or nondomiciliaries of that jurisdiction;

‘‘(iii) the substance and quality of administration

of the bank supervisory and counter-money laundering

laws of that jurisdiction;

‘‘(iv) the relationship between the volume of financial transactions occurring in that jurisdiction and the

size of the economy of the jurisdiction;

‘‘(v) the extent to which that jurisdiction is

characterized as an offshore banking or secrecy haven

by credible international organizations or multilateral

expert groups;

‘‘(vi) whether the United States has a mutual legal

assistance treaty with that jurisdiction, and the experience of United States law enforcement officials and

regulatory officials in obtaining information about

transactions originating in or routed through or to

such jurisdiction; and

‘‘(vii) the extent to which that jurisdiction is

characterized by high levels of official or institutional

corruption.

‘‘(B) INSTITUTIONAL FACTORS.—In the case of a decision

to apply 1 or more of the special measures described in

subsection (b) only to a financial institution or institutions,

or to a transaction or class of transactions, or to a type

of account, or to all 3, within or involving a particular

jurisdiction—

‘‘(i) the extent to which such financial institutions,

transactions, or types of accounts are used to facilitate

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 303

or promote money laundering in or through the jurisdiction; ‘‘(ii) the extent to which such institutions, transactions, or types of accounts are used for legitimate

business purposes in the jurisdiction; and

‘‘(iii) the extent to which such action is sufficient

to ensure, with respect to transactions involving the

jurisdiction and institutions operating in the jurisdiction, that the purposes of this subchapter continue

to be fulfilled, and to guard against international

money laundering and other financial crimes.

‘‘(d) NOTIFICATION OF SPECIAL MEASURES INVOKED BY THE SEC- RETARY.—Not later than 10 days after the date of any action taken

by the Secretary of the Treasury under subsection (a)(1), the Secretary shall notify, in writing, the Committee on Financial Services

of the House of Representatives and the Committee on Banking,

Housing, and Urban Affairs of the Senate of any such action. ‘‘(e) DEFINITIONS.—Notwithstanding any other provision of this

subchapter, for purposes of this section and subsections (i) and

(j) of section 5318, the following definitions shall apply:

‘‘(1) BANK DEFINITIONS.—The following definitions shall

apply with respect to a bank:

‘‘(A) ACCOUNT.—The term ‘account’—

‘‘(i) means a formal banking or business relationship established to provide regular services, dealings,

and other financial transactions; and

‘‘(ii) includes a demand deposit, savings deposit,

or other transaction or asset account and a credit

account or other extension of credit.

‘‘(B) CORRESPONDENT ACCOUNT.—The term ‘correspondent account’ means an account established to

receive deposits from, make payments on behalf of a foreign

financial institution, or handle other financial transactions

related to such institution.

‘‘(C) PAYABLE-THROUGH ACCOUNT.—The term ‘payablethrough account’ means an account, including a transaction

account (as defined in section 19(b)(1)(C) of the Federal

Reserve Act), opened at a depository institution by a foreign

financial institution by means of which the foreign financial

institution permits its customers to engage, either directly

or through a subaccount, in banking activities usual in

connection with the business of banking in the United

States.

‘‘(2) DEFINITIONS APPLICABLE TO INSTITUTIONS OTHER THAN

BANKS.—With respect to any financial institution other than

a bank, the Secretary shall, after consultation with the appropriate Federal functional regulators (as defined in section 509

of the Gramm-Leach-Bliley Act), define by regulation the term

‘account’, and shall include within the meaning of that term,

to the extent, if any, that the Secretary deems appropriate,

arrangements similar to payable-through and correspondent

accounts.

‘‘(3) REGULATORY DEFINITION OF BENEFICIAL OWNERSHIP.—

The Secretary shall promulgate regulations defining beneficial

ownership of an account for purposes of this section and subsections (i) and (j) of section 5318. Such regulations shall

address issues related to an individual’s authority to fund,

Deadline.

115 STAT. 304 PUBLIC LAW 107–56—OCT. 26, 2001

direct, or manage the account (including, without limitation,

the power to direct payments into or out of the account), and

an individual’s material interest in the income or corpus of

the account, and shall ensure that the identification of individuals under this section does not extend to any individual whose

beneficial interest in the income or corpus of the account is

immaterial.

‘‘(4) OTHER TERMS.—The Secretary may, by regulation, further define the terms in paragraphs (1), (2), and (3), and define

other terms for the purposes of this section, as the Secretary

deems appropriate.’’. (b) CLERICAL AMENDMENT.—The table of sections for subchapter

II of chapter 53 of title 31, United States Code, is amended by

inserting after the item relating to section 5318 the following new

item:

‘‘5318A. Special measures for jurisdictions, financial institutions, or international

transactions of primary money 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 amended by adding at the end the following:

‘‘(i) DUE DILIGENCE FOR UNITED STATES PRIVATE BANKING AND

CORRESPONDENT BANK ACCOUNTS INVOLVING FOREIGN PERSONS.—

‘‘(1) IN GENERAL.—Each financial institution that establishes, maintains, administers, or manages a private banking

account or a correspondent account in the United States for

a non-United States person, including a foreign individual visiting the United States, or a representative of a non-United

States person shall establish appropriate, specific, and, where

necessary, enhanced, due diligence policies, procedures, and

controls that are reasonably designed to detect and report

instances of money laundering through those accounts.

‘‘(2) ADDITIONAL STANDARDS FOR CERTAIN CORRESPONDENT

ACCOUNTS.—

‘‘(A) IN GENERAL.—Subparagraph (B) shall apply if a

correspondent account is requested or maintained by, or

on behalf of, a foreign bank operating—

‘‘(i) under an offshore banking license; or

‘‘(ii) under a banking license issued by a foreign

country that has been designated—

‘‘(I) as noncooperative with international antimoney laundering principles or procedures by an

intergovernmental group or organization of which

the United States is a member, with which designation the United States representative to the

group or organization concurs; or

‘‘(II) by the Secretary of the Treasury as warranting special measures due to money laundering

concerns.

‘‘(B) POLICIES, PROCEDURES, AND CONTROLS.—The

enhanced due diligence policies, procedures, and controls

required under paragraph (1) shall, at a minimum, ensure

that the financial institution in the United States takes

reasonable steps—

‘‘(i) to ascertain for any such foreign bank, the

shares of which are not publicly traded, the identity

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 305

of each of the owners of the foreign bank, and the

nature and extent of the ownership interest of each

such owner;

‘‘(ii) to conduct enhanced scrutiny of such account

to guard against money laundering and report any

suspicious transactions under subsection (g); and

‘‘(iii) to ascertain whether such foreign bank provides correspondent accounts to other foreign banks

and, if so, the identity of those foreign banks and

related due diligence information, as appropriate under

paragraph (1).

‘‘(3) MINIMUM STANDARDS FOR PRIVATE BANKING

ACCOUNTS.—If a private banking account is requested or maintained by, or on behalf of, a non-United States person, then

the due diligence policies, procedures, and controls required

under paragraph (1) shall, at a minimum, ensure that the

financial institution takes reasonable steps—

‘‘(A) to ascertain the identity of the nominal and beneficial owners of, and the source of funds deposited into,

such account as needed to guard against money laundering

and report any suspicious transactions under subsection

(g); and

‘‘(B) to conduct enhanced scrutiny of any such account

that is requested or maintained by, or on behalf of, a

senior foreign political figure, or any immediate family

member or close associate of a senior foreign political figure

that is reasonably designed to detect and report transactions that may involve the proceeds of foreign corruption.

‘‘(4) DEFINITION.—For purposes of this subsection, the following definitions shall apply:

‘‘(A) OFFSHORE BANKING LICENSE.—The term ‘offshore

banking license’ means a license to conduct banking activities which, as a condition of the license, prohibits the

licensed entity from conducting banking activities with the

citizens of, or with the local currency of, the country which

issued the license.

‘‘(B) PRIVATE BANKING ACCOUNT.—The term ‘private

banking account’ means an account (or any combination

of accounts) that—

‘‘(i) requires a minimum aggregate deposits of

funds or other assets of not less than $1,000,000;

‘‘(ii) is established on behalf of 1 or more individuals who have a direct or beneficial ownership interest

in the account; and

‘‘(iii) is assigned to, or is administered or managed

by, in whole or in part, an officer, employee, or agent

of a financial institution acting as a liaison between

the financial institution and the direct or beneficial

owner of the account.’’.

(b) REGULATORY AUTHORITY AND EFFECTIVE DATE.—

(1) REGULATORY AUTHORITY.—Not later than 180 days after

the date of enactment of this Act, the Secretary, in consultation

with the appropriate Federal functional regulators (as defined

in section 509 of the Gramm-Leach-Bliley Act) of the affected

financial institutions, shall further delineate, by regulation,

the due diligence policies, procedures, and controls required

Deadline.

31 USC 5318

note.

115 STAT. 306 PUBLIC LAW 107–56—OCT. 26, 2001

under section 5318(i)(1) of title 31, United States Code, as

added by this section.

(2) EFFECTIVE DATE.—Section 5318(i) of title 31, United

States Code, as added by this section, shall take effect 270

days after the date of enactment of this Act, whether or not

final regulations are issued under paragraph (1), and the failure

to issue such regulations shall in no way affect the enforceability of this section or the amendments made by this section.

Section 5318(i) of title 31, United States Code, as added by

this section, shall apply with respect to accounts covered by

that section 5318(i), that are opened before, on, or after the

date of enactment of this Act.

SEC. 313. PROHIBITION ON UNITED STATES CORRESPONDENT

ACCOUNTS WITH FOREIGN SHELL BANKS.

(a) IN GENERAL.—Section 5318 of title 31, United States Code,

as amended by this title, is amended by adding at the end the

following:

‘‘(j) PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS

WITH FOREIGN SHELL BANKS.—

‘‘(1) IN GENERAL.—A financial institution described in subparagraphs (A) through (G) of section 5312(a)(2) (in this subsection referred to as a ‘covered financial institution’) shall

not establish, maintain, administer, or manage a correspondent

account in the United States for, or on behalf of, a foreign

bank that does not have a physical presence in any country.

‘‘(2) PREVENTION OF INDIRECT SERVICE TO FOREIGN SHELL

BANKS.—A covered financial institution shall take reasonable

steps to ensure that any correspondent account established,

maintained, administered, or managed by that covered financial

institution in the United States for a foreign bank is not being

used by that foreign bank to indirectly provide banking services

to another foreign bank that does not have a physical presence

in any country. The Secretary of the Treasury shall, by regulation, delineate the reasonable steps necessary to comply with

this paragraph.

‘‘(3) EXCEPTION.—Paragraphs (1) and (2) do not prohibit

a covered financial institution from providing a correspondent

account to a foreign bank, if the foreign bank—

‘‘(A) is an affiliate of a depository institution, credit

union, or foreign bank that maintains a physical presence

in the United States or a foreign country, as applicable;

and

‘‘(B) is subject to supervision by a banking authority

in the country regulating the affiliated depository institution, credit union, or foreign bank described in subparagraph (A), as applicable.

‘‘(4) DEFINITIONS.—For purposes of this subsection—

‘‘(A) the term ‘affiliate’ means a foreign bank that

is controlled by or is under common control with a depository institution, credit union, or foreign bank; and

‘‘(B) the term ‘physical presence’ means a place of

business that—

‘‘(i) is maintained by a foreign bank;

‘‘(ii) is located at a fixed address (other than solely

an electronic address) in a country in which the foreign

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 307

bank is authorized to conduct banking activities, at

which location the foreign bank— ‘‘(I) employs 1 or more individuals on a fulltime basis; and

‘‘(II) maintains operating records related to

its banking activities; and

‘‘(iii) is subject to inspection by the banking

authority which licensed the foreign bank to conduct

banking activities.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect at the end of the 60-day period beginning on

the date of enactment of this Act.

SEC. 314. COOPERATIVE EFFORTS TO DETER MONEY LAUNDERING.

(a) COOPERATION AMONG FINANCIAL INSTITUTIONS, REGULATORY

AUTHORITIES, AND LAW ENFORCEMENT AUTHORITIES.— (1) REGULATIONS.—The Secretary shall, within 120 days

after the date of enactment of this Act, adopt regulations to

encourage further cooperation among financial institutions,

their regulatory authorities, and law enforcement authorities,

with the specific purpose of encouraging regulatory authorities

and law enforcement authorities to share with financial institutions information regarding individuals, entities, and organizations engaged in or reasonably suspected based on credible

evidence of engaging in terrorist acts or money laundering

activities.

(2) COOPERATION AND INFORMATION SHARING PROCEDURES.—The regulations adopted under paragraph (1) may

include or create procedures for cooperation and information

sharing focusing on—

(A) matters specifically related to the finances of terrorist groups, the means by which terrorist groups transfer

funds around the world and within the United States,

including through the use of charitable organizations, nonprofit organizations, and nongovernmental organizations,

and the extent to which financial institutions in the United

States are unwittingly involved in such finances and the

extent to which such institutions are at risk as a result;

(B) the relationship, particularly the financial relationship, between international narcotics traffickers and foreign

terrorist organizations, the extent to which their memberships overlap and engage in joint activities, and the extent

to which they cooperate with each other in raising and

transferring funds for their respective purposes; and

(C) means of facilitating the identification of accounts

and transactions involving terrorist groups and facilitating

the exchange of information concerning such accounts and

transactions between financial institutions and law enforcement organizations.

(3) CONTENTS.—The regulations adopted pursuant to paragraph (1) may— (A) require that each financial institution designate

1 or more persons to receive information concerning, and

to monitor accounts of individuals, entities, and organizations identified, pursuant to paragraph (1); and

(B) further establish procedures for the protection of

the shared information, consistent with the capacity, size,

Deadline.

31 USC 5311

note.

31 USC 5318

note.

115 STAT. 308 PUBLIC LAW 107–56—OCT. 26, 2001

and nature of the institution to which the particular procedures apply.

(4) RULE OF CONSTRUCTION.—The receipt of information

by a financial institution pursuant to this section shall not

relieve or otherwise modify the obligations of the financial

institution with respect to any other person or account.

(5) USE OF INFORMATION.—Information received by a financial institution pursuant to this section shall not be used for

any purpose other than identifying and reporting on activities

that may involve terrorist acts or money laundering activities.

(b) COOPERATION AMONG FINANCIAL INSTITUTIONS.—Upon

notice provided to the Secretary, 2 or more financial institutions

and any association of financial institutions may share information

with one another regarding individuals, entities, organizations, and

countries suspected of possible terrorist or money laundering activities. A financial institution or association that transmits, receives,

or shares such information for the purposes of identifying and

reporting activities that may involve terrorist acts or money laundering activities shall not be liable to any person under any law

or regulation of the United States, any constitution, law, or regulation of any State or political subdivision thereof, or under any

contract or other legally enforceable agreement (including any

arbitration agreement), for such disclosure or for any failure to

provide notice of such disclosure to the person who is the subject

of such disclosure, or any other person identified in the disclosure,

except where such transmission, receipt, or sharing violates this

section or regulations promulgated pursuant to this section.

(c) RULE OF CONSTRUCTION.—Compliance with the provisions

of this title requiring or allowing financial institutions and any

association of financial institutions to disclose or share information

regarding individuals, entities, and organizations engaged in or

suspected of engaging in terrorist acts or money laundering activities shall not constitute a violation of the provisions of title V

of the Gramm-Leach-Bliley Act (Public Law 106–102).

(d) REPORTS TO THE FINANCIAL SERVICES INDUSTRY ON SUSPICIOUS FINANCIAL ACTIVITIES.—At least semiannually, the Secretary shall—

(1) publish a report containing a detailed analysis identifying patterns of suspicious activity and other investigative

insights derived from suspicious activity reports and investigations conducted by Federal, State, and local law enforcement

agencies to the extent appropriate; and

(2) distribute such report to financial 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, United States Code, is amended—

(1) in subparagraph (B)—

(A) in clause (ii), by striking ‘‘or destruction of property

by means of explosive or fire’’ and inserting ‘‘destruction

of property by means of explosive or fire, or a crime of

violence (as defined in section 16)’’;

(B) in clause (iii), by striking ‘‘1978’’ and inserting

‘‘1978)’’; and

(C) by adding at the end the following:

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 309

‘‘(iv) bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by

or for the benefit of a public official;

‘‘(v) smuggling or export control violations

involving—

‘‘(I) an item controlled on the United States

Munitions List established under section 38 of the

Arms Export Control Act (22 U.S.C. 2778); or

‘‘(II) an item controlled under regulations

under the Export Administration Regulations (15

C.F.R. Parts 730–774); or

‘‘(vi) an offense with respect to which the United

States would be obligated by a multilateral treaty,

either to extradite the alleged offender or to submit

the case for prosecution, if the offender were found

within the territory of the United States;’’; and

(2) in subparagraph (D)—

(A) by inserting ‘‘section 541 (relating to goods falsely

classified),’’ before ‘‘section 542’’;

(B) by inserting ‘‘section 922(1) (relating to the unlawful importation of firearms), section 924(n) (relating to

firearms trafficking),’’ before ‘‘section 956’’;

(C) by inserting ‘‘section 1030 (relating to computer

fraud and abuse),’’ before ‘‘1032’’; and

(D) by inserting ‘‘any felony violation of the Foreign

Agents Registration Act of 1938,’’ before ‘‘or any felony

violation of the Foreign Corrupt Practices Act’’.

SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.

(a) RIGHT TO CONTEST.—An owner of property that is confiscated under any provision of law relating to the confiscation

of assets of suspected international terrorists, may contest that

confiscation by filing a claim in the manner set forth in the Federal

Rules of Civil Procedure (Supplemental Rules for Certain Admiralty

and Maritime Claims), and asserting as an affirmative defense

that—

(1) the property is not subject to confiscation under such

provision of law; or

(2) the innocent owner provisions of section 983(d) of title

18, United States Code, apply to the case.

(b) EVIDENCE.—In considering a claim filed under this section,

a court may admit evidence that is otherwise inadmissible under

the Federal Rules of Evidence, if the court determines that the

evidence is reliable, and that compliance with the Federal Rules

of Evidence may jeopardize the national security interests of the

United States.

(c) CLARIFICATIONS.—

(1) PROTECTION OF RIGHTS.—The exclusion of certain provisions of Federal law from the definition of the term ‘‘civil

forfeiture statute’’ in section 983(i) of title 18, United States

Code, shall not be construed to deny an owner of property

the right to contest the confiscation of assets of suspected

international terrorists under—

(A) subsection (a) of this section;

(B) the Constitution; or

18 USC 983 note.

18 USC 983 note.

18 USC 983 note.

115 STAT. 310 PUBLIC LAW 107–56—OCT. 26, 2001

(C) subchapter II of chapter 5 of title 5, United States

Code (commonly known as the ‘‘Administrative Procedure

Act’’).

(2) SAVINGS CLAUSE.—Nothing in this section shall limit

or otherwise affect any other remedies that may be available

to an owner of property under section 983 of title 18, United

States Code, or any other provision of law.

(d) TECHNICAL CORRECTION.—Section 983(i)(2)(D) of title 18,

United States Code, is amended by inserting ‘‘or the International

Emergency Economic Powers 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 States Code, is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving the margins 2

ems to the right;

(2) by inserting after ‘‘(b)’’ the following: ‘‘PENALTIES.—

‘‘(1) IN GENERAL.—’’;

(3) by inserting ‘‘, or section 1957’’ after ‘‘or (a)(3)’’; and

(4) by adding at the end the following:

‘‘(2) JURISDICTION OVER FOREIGN PERSONS.—For purposes

of adjudicating an action filed or enforcing a penalty ordered

under this section, the district courts shall have jurisdiction

over any foreign person, including any financial institution

authorized under the laws of a foreign country, against whom

the action is brought, if service of process upon the foreign

person is made under the Federal Rules of Civil Procedure

or the laws of the country in which the foreign person is

found, and—

‘‘(A) the foreign person commits an offense under subsection (a) involving a financial transaction that occurs

in whole or in part in the United States;

‘‘(B) the foreign person converts, to his or her own

use, property in which the United States has an ownership

interest by virtue of the entry of an order of forfeiture

by a court of the United States; or

‘‘(C) the foreign person is a financial institution that

maintains a bank account at a financial institution in

the United States.

‘‘(3) COURT AUTHORITY OVER ASSETS.—A court described

in paragraph (2) may issue a pretrial restraining order or

take any other action necessary to ensure that any bank account

or other property held by the defendant in the United States

is available to satisfy a judgment under this section.

‘‘(4) FEDERAL RECEIVER.—

‘‘(A) IN GENERAL.—A court described in paragraph (2)

may appoint a Federal Receiver, in accordance with

subparagraph (B) of this paragraph, to collect, marshal,

and take custody, control, and possession of all assets of

the defendant, wherever located, to satisfy a civil judgment

under this subsection, a forfeiture judgment under section

981 or 982, or a criminal sentence under section 1957

or subsection (a) of this section, including an order of

restitution to any victim of a specified unlawful activity.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 311

‘‘(B) APPOINTMENT AND AUTHORITY.—A Federal

Receiver described in subparagraph (A)— ‘‘(i) may be appointed upon application of a Federal

prosecutor or a Federal or State regulator, by the court

having jurisdiction over the defendant in the case; ‘‘(ii) shall be an officer of the court, and the powers

of the Federal Receiver shall include the powers set

out in section 754 of title 28, United States Code;

and ‘‘(iii) shall have standing equivalent to that of a

Federal prosecutor for the purpose of submitting

requests to obtain information regarding the assets

of the defendant— ‘‘(I) from the Financial Crimes Enforcement

Network of the Department of the Treasury; or ‘‘(II) from a foreign country pursuant to a

mutual legal assistance treaty, multilateral agreement, or other arrangement for international law

enforcement assistance, provided that such

requests are in accordance with the policies and

procedures of the Attorney General.’’.

SEC. 318. LAUNDERING MONEY THROUGH A FOREIGN BANK.

Section 1956(c) of title 18, United States Code, is amended

by striking paragraph (6) and inserting the following: ‘‘(6) the term ‘financial institution’ includes— ‘‘(A) any financial institution, as defined in section

5312(a)(2) of title 31, United States Code, or the regulations

promulgated thereunder; and ‘‘(B) any foreign bank, as defined in section 1 of the

International Banking Act of 1978 (12 U.S.C. 3101).’’.

SEC. 319. FORFEITURE OF FUNDS IN UNITED STATES INTERBANK

ACCOUNTS.

(a) FORFEITURE FROM UNITED STATES INTERBANK ACCOUNT.— Section 981 of title 18, United States Code, is amended by adding

at the end the following: ‘‘(k) INTERBANK ACCOUNTS.— ‘‘(1) IN GENERAL.— ‘‘(A) IN GENERAL.—For the purpose of a forfeiture under

this section or under the Controlled Substances Act (21

U.S.C. 801 et seq.), if funds are deposited into an account

at a foreign bank, and that foreign bank has an interbank

account in the United States with a covered financial

institution (as defined in section 5318(j)(1) of title 31),

the funds shall be deemed to have been deposited into

the interbank account in the United States, and any

restraining order, seizure warrant, or arrest warrant in

rem regarding the funds may be served on the covered

financial institution, and funds in the interbank account,

up to the value of the funds deposited into the account

at the foreign bank, may be restrained, seized, or arrested. ‘‘(B) AUTHORITY TO SUSPEND.—The Attorney General,

in consultation with the Secretary of the Treasury, may

suspend or terminate a forfeiture under this section if

the Attorney General determines that a conflict of law

exists between the laws of the jurisdiction in which the

foreign bank is located and the laws of the United States

115 STAT. 312 PUBLIC LAW 107–56—OCT. 26, 2001

with respect to liabilities arising from the restraint, seizure,

or arrest of such funds, and that such suspension or termination would be in the interest of justice and would not

harm the national interests of the United States.

‘‘(2) NO REQUIREMENT FOR GOVERNMENT TO TRACE FUNDS.—

If a forfeiture action is brought against funds that are

restrained, seized, or arrested under paragraph (1), it shall

not be necessary for the Government to establish that the

funds are directly traceable to the funds that were deposited

into the foreign bank, nor shall it be necessary for the Government to rely on the application of section 984.

‘‘(3) CLAIMS BROUGHT BY OWNER OF THE FUNDS.—If a forfeiture action is instituted against funds restrained, seized,

or arrested under paragraph (1), the owner of the funds deposited into the account at the foreign bank may contest the

forfeiture by filing a claim under section 983.

‘‘(4) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply:

‘‘(A) INTERBANK ACCOUNT.—The term ‘interbank

account’ has the same meaning as in section 984(c)(2)(B).

‘‘(B) OWNER.—

‘‘(i) IN GENERAL.—Except as provided in clause

(ii), the term ‘owner’—

‘‘(I) means the person who was the owner,

as that term is defined in section 983(d)(6), of

the funds that were deposited into the foreign

bank at the time such funds were deposited; and

‘‘(II) does not include either the foreign bank

or any financial institution acting as an intermediary in the transfer of the funds into the interbank account.

‘‘(ii) EXCEPTION.—The foreign bank may be considered the ‘owner’ of the funds (and no other person

shall qualify as the owner of such funds) only if—

‘‘(I) the basis for the forfeiture action is wrongdoing committed by the foreign bank; or

‘‘(II) the foreign bank establishes, by a preponderance of the evidence, that prior to the restraint,

seizure, or arrest of the funds, the foreign bank

had discharged all or part of its obligation to the

prior owner of the funds, in which case the foreign

bank shall be deemed the owner of the funds to

the extent of such discharged obligation.’’.

(b) BANK RECORDS.—Section 5318 of title 31, United States

Code, as amended by this title, is amended by adding at the end

the following:

‘‘(k) BANK RECORDS RELATED TO ANTI-MONEY LAUNDERING PROGRAMS.—

‘‘(1) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply:

‘‘(A) APPROPRIATE FEDERAL BANKING AGENCY.—The

term ‘appropriate Federal banking agency’ has the same

meaning as in section 3 of the Federal Deposit Insurance

Act (12 U.S.C. 1813).

‘‘(B) INCORPORATED TERM.—The term ‘correspondent

account’ has the same meaning as in section 5318A(f)(1)(B).

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 313

‘‘(2) 120-HOUR RULE.—Not later than 120 hours after

receiving a request by an appropriate Federal banking agency

for information related to anti-money laundering compliance

by a covered financial institution or a customer of such institution, a covered financial institution shall provide to the appropriate Federal banking agency, or make available at a location

specified by the representative of the appropriate Federal

banking agency, information and account documentation for

any account opened, maintained, administered or managed in

the United States by the covered financial institution.

‘‘(3) FOREIGN BANK RECORDS.—

‘‘(A) SUMMONS OR SUBPOENA OF RECORDS.—

‘‘(i) IN GENERAL.—The Secretary of the Treasury

or the Attorney General may issue a summons or subpoena to any foreign bank that maintains a correspondent account in the United States and request

records related to such correspondent account,

including records maintained outside of the United

States relating to the deposit of funds into the foreign

bank.

‘‘(ii) SERVICE OF SUMMONS OR SUBPOENA.—A summons or subpoena referred to in clause (i) may be

served on the foreign bank in the United States if

the foreign bank has a representative in the United

States, or in a foreign country pursuant to any mutual

legal assistance treaty, multilateral agreement, or

other request for international law enforcement assistance.

‘‘(B) ACCEPTANCE OF SERVICE.—

‘‘(i) MAINTAINING RECORDS IN THE UNITED

STATES.—Any covered financial institution which maintains a correspondent account in the United States

for a foreign bank shall maintain records in the United

States identifying the owners of such foreign bank

and the name and address of a person who resides

in the United States and is authorized to accept service

of legal process for records regarding the correspondent

account.

‘‘(ii) LAW ENFORCEMENT REQUEST.—Upon receipt

of a written request from a Federal law enforcement

officer for information required to be maintained under

this paragraph, the covered financial institution shall

provide the information to the requesting officer not

later than 7 days after receipt of the request.

‘‘(C) TERMINATION OF CORRESPONDENT RELATIONSHIP.—

‘‘(i) TERMINATION UPON RECEIPT OF NOTICE.—A covered financial institution shall terminate any correspondent relationship with a foreign bank not later

than 10 business days after receipt of written notice

from the Secretary or the Attorney General (in each

case, after consultation with the other) that the foreign

bank has failed—

‘‘(I) to comply with a summons or subpoena

issued under subparagraph (A); or

‘‘(II) to initiate proceedings in a United States

court contesting such summons or subpoena.

Deadline.

115 STAT. 314 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(ii) LIMITATION ON LIABILITY.—A covered financial

institution shall not be liable to any person in any

court or arbitration proceeding for terminating a correspondent relationship in accordance with this subsection.

‘‘(iii) FAILURE TO TERMINATE RELATIONSHIP.— Failure to terminate a correspondent relationship in

accordance with this subsection shall render the covered financial institution liable for a civil penalty of

up to $10,000 per day until the correspondent relationship is so terminated.’’. (c) GRACE PERIOD.—Financial institutions shall have 60 days

from the date of enactment of this Act to comply with the provisions

of section 5318(k) of title 31, United States Code, as added by

this section.

(d) AUTHORITY TO ORDER CONVICTED CRIMINAL TO RETURN

PROPERTY LOCATED ABROAD.—

(1) FORFEITURE OF SUBSTITUTE PROPERTY.—Section 413(p)

of the Controlled Substances Act (21 U.S.C. 853) is amended

to read as follows:

‘‘(p) FORFEITURE OF SUBSTITUTE PROPERTY.—

‘‘(1) IN GENERAL.—Paragraph (2) of this subsection shall

apply, if any property described in subsection (a), as a result

of any act or omission of the defendant—

‘‘(A) cannot be located upon the exercise of due diligence;

‘‘(B) has been transferred or sold to, or deposited with,

a third party;

‘‘(C) has been placed beyond the jurisdiction of the

court;

‘‘(D) has been substantially diminished in value; or

‘‘(E) has been commingled with other property which

cannot be divided without difficulty.

‘‘(2) SUBSTITUTE PROPERTY.—In any case described in any

of subparagraphs (A) through (E) of paragraph (1), the court

shall order the forfeiture of any other property of the defendant,

up to the value of any property described in subparagraphs

(A) through (E) of paragraph (1), as applicable.

‘‘(3) RETURN OF PROPERTY TO JURISDICTION.—In the case

of property described in paragraph (1)(C), the court may, in

addition to any other action authorized by this subsection,

order the defendant to return the property to the jurisdiction

of the court so that the property may be seized and forfeited.’’.

(2) PROTECTIVE ORDERS.—Section 413(e) of the Controlled

Substances Act (21 U.S.C. 853(e)) is amended by adding at

the end the following:

‘‘(4) ORDER TO REPATRIATE AND DEPOSIT.—

‘‘(A) IN GENERAL.—Pursuant to its authority to enter

a pretrial restraining order under this section, the court

may order a defendant to repatriate any property that

may be seized and forfeited, and to deposit that property

pending trial in the registry of the court, or with the

United States Marshals Service or the Secretary of the

Treasury, in an interest-bearing account, if appropriate.

‘‘(B) FAILURE TO COMPLY.—Failure to comply with an

order under this subsection, or an order to repatriate property under subsection (p), shall be punishable as a civil

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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 315

or criminal contempt of court, and may also result in an

enhancement of the sentence of the defendant under the

obstruction of justice provision of the Federal Sentencing

Guidelines.’’.

SEC. 320. PROCEEDS OF FOREIGN CRIMES.

Section 981(a)(1)(B) of title 18, United States Code, is amended

to read as follows:

‘‘(B) Any property, real or personal, within the jurisdiction

of the United States, constituting, derived from, or traceable

to, any proceeds obtained directly or indirectly from an offense

against a foreign nation, or any property used to facilitate

such an offense, if the offense—

‘‘(i) involves the manufacture, importation, sale, or distribution of a controlled substance (as that term is defined

for purposes of the Controlled Substances Act), or any

other conduct described in section 1956(c)(7)(B);

‘‘(ii) would be punishable within the jurisdiction of

the foreign nation by death or imprisonment for a term

exceeding 1 year; and

‘‘(iii) would be punishable under the laws of the United

States by imprisonment for a term exceeding 1 year, if

the act or activity constituting the offense had occurred

within the jurisdiction 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) of section 5312(2) of

title 31, United States Code, is amended to read as follows:

‘‘(E) any credit union;’’.

(b) FUTURES COMMISSION MERCHANT; COMMODITY TRADING

ADVISOR; COMMODITY POOL OPERATOR.—Section 5312 of title 31,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(c) ADDITIONAL DEFINITIONS.—For purposes of this subchapter,

the following definitions shall apply:

‘‘(1) CERTAIN INSTITUTIONS INCLUDED IN DEFINITION.—The

term ‘financial institution’ (as defined in subsection (a)) includes

the following:

‘‘(A) Any futures commission merchant, commodity

trading advisor, or commodity pool operator registered, or

required to register, under the Commodity Exchange Act.’’.

(c) CFTC

SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.

Section 2466 of title 18, United States Code, is amended by

designating the present matter as subsection (a), and adding at

the end the following:

‘‘(b) Subsection (a) may be applied to a claim filed by a corporation if any majority shareholder, or individual filing the claim

on behalf of the corporation is a person to whom subsection (a)

applies.’’.

SEC. 323. ENFORCEMENT OF FOREIGN JUDGMENTS.

Section 2467 of title 28, United States Code, is amended—

115 STAT. 316 PUBLIC LAW 107–56—OCT. 26, 2001

(1) in subsection (d), by adding the following after paragraph (2):

‘‘(3) PRESERVATION OF PROPERTY.—

‘‘(A) IN GENERAL.—To preserve the availability of property subject to a foreign forfeiture or confiscation judgment,

the Government may apply for, and the court may issue,

a restraining order pursuant to section 983(j) of title 18,

at any time before or after an application is filed pursuant

to subsection (c)(1) of this section.

‘‘(B) EVIDENCE.—The court, in issuing a restraining

order under subparagraph (A)—

‘‘(i) may rely on information set forth in an affidavit describing the nature of the proceeding or investigation underway in the foreign country, and setting

forth a reasonable basis to believe that the property

to be restrained will be named in a judgment of forfeiture at the conclusion of such proceeding; or

‘‘(ii) may register and enforce a restraining order

that has been issued by a court of competent jurisdiction in the foreign country and certified by the Attorney

General pursuant to subsection (b)(2).

‘‘(C) LIMIT ON GROUNDS FOR OBJECTION.—No person

may object to a restraining order under subparagraph (A)

on any ground that is the subject of parallel litigation

involving the same property that is pending in a foreign

court.’’;

(2) in subsection (b)(1)(C), by striking ‘‘establishing that

the defendant received notice of the proceedings in sufficient

time to enable the defendant’’ and inserting ‘‘establishing that

the foreign nation took steps, in accordance with the principles

of due process, to give notice of the proceedings to all persons

with an interest in the property in sufficient time to enable

such persons’’;

(3) in subsection (d)(1)(D), by striking ‘‘the defendant in

the proceedings in the foreign court did not receive notice’’

and inserting ‘‘the foreign nation did not take steps, in accordance with the principles of due process, to give notice of the

proceedings to a person with an interest in the property’’;

and

(4) in subsection (a)(2)(A), by inserting ‘‘, any violation

of foreign law that would constitute a violation or an offense

for which property could be forfeited under Federal law if

the offense were committed in the United States’’ after ‘‘United

Nations Convention’’.

SEC. 324. REPORT AND RECOMMENDATION.

Not later than 30 months after the date of enactment of this

Act, the Secretary, in consultation with the Attorney General, the

Federal banking agencies (as defined at section 3 of the Federal

Deposit Insurance Act), the National Credit Union Administration

Board, the Securities and Exchange Commission, and such other

agencies as the Secretary may determine, at the discretion of the

Secretary, shall evaluate the operations of the provisions of this

subtitle and make recommendations to Congress as to any legislative action with respect to this subtitle as the Secretary may determine to be necessary or advisable.

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SEC. 325. CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS.

Section 5318(h) of title 31, United States Code, as amended

by section 202 of this title, is amended by adding at the end

the following:

‘‘(3) CONCENTRATION ACCOUNTS.—The Secretary may prescribe regulations under this subsection that govern maintenance of concentration accounts by financial institutions, in

order to ensure that such accounts are not used to prevent

association of the identity of an individual customer with the

movement of funds of which the customer is the direct or

beneficial owner, which regulations shall, at a minimum—

‘‘(A) prohibit financial institutions from allowing clients

to direct transactions that move their funds into, out of,

or through the concentration accounts of the financial

institution;

‘‘(B) prohibit financial institutions and their employees

from informing customers of the existence of, or the means

of identifying, the concentration accounts of the institution;

and

‘‘(C) require each financial institution to establish written procedures governing the documentation of all transactions involving a concentration account, which procedures

shall ensure that, any time a transaction involving a concentration account commingles funds belonging to 1 or

more customers, the identity of, and specific amount

belonging to, each customer is documented.’’.

SEC. 326. VERIFICATION OF IDENTIFICATION.

(a) IN GENERAL.—Section 5318 of title 31, United States Code,

as amended by this title, is amended by adding at the end the

following:

‘‘(l) IDENTIFICATION AND VERIFICATION OF ACCOUNTHOLDERS.—

‘‘(1) IN GENERAL.—Subject to the requirements of this subsection, the Secretary of the Treasury shall prescribe regulations setting forth the minimum standards for financial institutions and their customers regarding the identity of the customer

that shall apply in connection with the opening of an account

at a financial institution.

‘‘(2) MINIMUM REQUIREMENTS.—The regulations shall, at

a minimum, require financial institutions to implement, and

customers (after being given adequate notice) to comply with,

reasonable procedures for—

‘‘(A) verifying the identity of any person seeking to

open an account to the extent reasonable and practicable;

‘‘(B) maintaining records of the information used to

verify a person’s identity, including name, address, and

other identifying information; and

‘‘(C) consulting lists of known or suspected terrorists

or terrorist organizations provided to the financial institution by any government agency to determine whether a

person seeking to open an account appears on any such

list.

‘‘(3) FACTORS TO BE CONSIDERED.—In prescribing regulations under this subsection, the Secretary shall take into consideration the various types of accounts maintained by various

types of financial institutions, the various methods of opening

Regulations.

115 STAT. 318 PUBLIC LAW 107–56—OCT. 26, 2001

accounts, and the various types of identifying information available.‘‘(4) CERTAIN FINANCIAL INSTITUTIONS.—In the case of any

financial institution the business of which is engaging in financial activities described in section 4(k) of the Bank Holding

Company Act of 1956 (including financial activities subject

to the jurisdiction of the Commodity Futures Trading Commission), the regulations prescribed by the Secretary under paragraph (1) shall be prescribed jointly with each Federal functional regulator (as defined in section 509 of the Gramm-LeachBliley Act, including the Commodity Futures Trading Commission) appropriate for such financial institution. ‘‘(5) EXEMPTIONS.—The Secretary (and, in the case of any

financial institution described in paragraph (4), any Federal

agency described in such paragraph) may, by regulation or

order, exempt any financial institution or type of account from

the requirements of any regulation prescribed under this subsection in accordance with such standards and procedures as

the Secretary may prescribe. ‘‘(6) EFFECTIVE DATE.—Final regulations prescribed under

this subsection shall take effect before the end of the 1-year

period beginning on the date of enactment of the International

Money Laundering Abatement and Financial Anti-Terrorism

Act of 2001.’’.

(b) STUDY AND REPORT REQUIRED.—Within 6 months after the

date of enactment of this Act, the Secretary, in consultation with

the Federal functional regulators (as defined in section 509 of

the Gramm-Leach-Bliley Act) and other appropriate Government

agencies, shall submit a report to the Congress containing recommendations for—

(1) determining the most timely and effective way to require

foreign nationals to provide domestic financial institutions and

agencies with appropriate and accurate information, comparable to that which is required of United States nationals,

concerning the identity, address, and other related information

about such foreign nationals necessary to enable such institutions and agencies to comply with the requirements of this

section;

(2) requiring foreign nationals to apply for and obtain,

before opening an account with a domestic financial institution,

an identification number which would function similarly to

a Social Security number or tax identification number; and

(3) establishing a system for domestic financial institutions

and agencies to review information maintained by relevant

Government agencies for purposes of verifying the identities

of foreign nationals seeking to 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) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(c)) is amended by adding

at the end the following new paragraph:

‘‘(6) MONEY LAUNDERING.—In every case, the Board shall

take into consideration the effectiveness of the company or

companies in combatting money laundering activities, including

in overseas branches.’’.

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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 319

(2) SCOPE OF APPLICATION.—The amendment made by paragraph (1) shall apply with respect to any application submitted

to the Board of Governors of the Federal Reserve System under

section 3 of the Bank Holding Company Act of 1956 after December

31, 2001, which has not been approved by the Board before the

date of enactment of this Act.

(b) MERGERS SUBJECT TO REVIEW UNDER FEDERAL DEPOSIT

INSURANCE ACT.—

(1) IN GENERAL.—Section 18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is amended—

(A) by redesignating paragraph (11) as paragraph (12);

and

(B) by inserting after paragraph (10), the following

new paragraph:

‘‘(11) MONEY LAUNDERING.—In every case, the responsible

agency, shall take into consideration the effectiveness of any

insured depository institution involved in the proposed merger

transaction in combatting money laundering activities,

including in overseas branches.’’.

(2) SCOPE OF APPLICATION.—The amendment made by paragraph (1) shall apply with respect to any application submitted

to the responsible agency under section 18(c) of the Federal

Deposit Insurance Act after December 31, 2001, which has

not been approved by all appropriate responsible agencies

before the date of enactment of this Act.

SEC. 328. INTERNATIONAL COOPERATION ON IDENTIFICATION OF

ORIGINATORS OF WIRE TRANSFERS.

The Secretary shall—

(1) in consultation with the Attorney General and the Secretary of State, take all reasonable steps to encourage foreign

governments to require the inclusion of the name of the originator in wire transfer instructions sent to the United States

and other countries, with the information to remain with the

transfer from its origination until the point of disbursement;

and

(2) report annually to the Committee on Financial Services

of the House of Representatives and the Committee on Banking,

Housing, and Urban Affairs of the Senate on—

(A) progress toward the goal enumerated in paragraph

(1), as well as impediments to implementation and an

estimated compliance rate; and

(B) impediments to instituting a regime in which all

appropriate identification, as defined by the Secretary,

about wire transfer recipients shall be included with wire

transfers from their point of origination until disbursement.

SEC. 329. CRIMINAL PENALTIES.

Any person who is an official or employee of any department,

agency, bureau, office, commission, or other entity of the Federal

Government, and any other person who is acting for or on behalf

of any such entity, who, directly or indirectly, in connection with

the administration of this title, corruptly demands, seeks, receives,

accepts, or agrees to receive or accept anything of value personally

or for any other person or entity in return for—

(1) being influenced in the performance of any official act;

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115 STAT. 320 PUBLIC LAW 107–56—OCT. 26, 2001

(2) being influenced to commit or aid in the committing,

or to collude in, or allow, any fraud, or make opportunity

for the commission of any fraud, on the United States; or

(3) being induced to do or omit to do any act in violation

of the official duty of such official or person,

shall be fined in an amount not more than 3 times the monetary

equivalent of the thing of value, or imprisoned for not more than

15 years, or both. A violation of this section shall be subject to

chapter 227 of title 18, United States Code, and the provisions

of the United States Sentencing Guidelines.

SEC. 330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF

MONEY LAUNDERING, FINANCIAL CRIMES, AND THE

FINANCES OF TERRORIST GROUPS.

(a) NEGOTIATIONS.—It is the sense of the Congress that the President should direct the Secretary of State, the Attorney General,

or the Secretary of the Treasury, as appropriate, and in consultation

with the Board of Governors of the Federal Reserve System, to

seek to enter into negotiations with the appropriate financial supervisory agencies and other officials of any foreign country the financial institutions of which do business with United States financial

institutions or which may be utilized by any foreign terrorist

organization (as designated under section 219 of the Immigration

and Nationality Act), any person who is a member or representative

of any such organization, or any person engaged in money laundering or financial or other crimes.

(b) PURPOSES OF NEGOTIATIONS.—It is the sense of the Congress

that, in carrying out any negotiations described in paragraph (1),

the President should direct the Secretary of State, the Attorney

General, or the Secretary of the Treasury, as appropriate, to seek

to enter into and further cooperative efforts, voluntary information

exchanges, the use of letters rogatory, mutual legal assistance treaties, and international agreements to—

(1) ensure that foreign banks and other financial institutions maintain adequate records of transaction and account

information relating to any foreign terrorist organization (as

designated under section 219 of the Immigration and Nationality Act), any person who is a member or representative of

any such organization, or any person engaged in money laundering or financial or other crimes; and

(2) establish a mechanism whereby such records may be

made available to United States law enforcement officials and

domestic financial institution supervisors, when appropriate.

Subtitle B—Bank Secrecy Act Amendments

and Related Improvements

SEC. 351. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS

ACTIVITIES.

(a) AMENDMENT RELATING TO CIVIL LIABILITY IMMUNITY FOR

DISCLOSURES.—Section 5318(g)(3) of title 31, United States Code,

is amended to read as follows:

‘‘(3) LIABILITY FOR DISCLOSURES.—

‘‘(A) IN GENERAL.—Any financial institution that makes

a voluntary disclosure of any possible violation of law or

regulation to a government agency or makes a disclosure

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 321

pursuant to this subsection or any other authority, and

any director, officer, employee, or agent of such institution

who makes, or requires another to make any such disclosure, shall not be liable to any person under any law

or regulation of the United States, any constitution, law,

or regulation of any State or political subdivision of any

State, or under any contract or other legally enforceable

agreement (including any arbitration agreement), for such

disclosure or for any failure to provide notice of such disclosure to the person who is the subject of such disclosure

or any other person identified in the disclosure.

‘‘(B) RULE OF CONSTRUCTION.—Subparagraph (A) shall

not be construed as creating—

‘‘(i) any inference that the term ‘person’, as used

in such subparagraph, may be construed more broadly

than its ordinary usage so as to include any government or agency of government; or

‘‘(ii) any immunity against, or otherwise affecting,

any civil or criminal action brought by any government

or agency of government to enforce any constitution,

law, or regulation of such government or agency.’’.

(b) PROHIBITION ON NOTIFICATION OF DISCLOSURES.—Section

5318(g)(2) of title 31, United States Code, is amended to read

as follows:

‘‘(2) NOTIFICATION PROHIBITED.—

‘‘(A) IN GENERAL.—If a financial institution or any

director, officer, employee, or agent of any financial institution, voluntarily or pursuant to this section or any other

authority, reports a suspicious transaction to a government

agency—

‘‘(i) the financial institution, director, officer,

employee, or agent may not notify any person involved

in the transaction that the transaction has been

reported; and

‘‘(ii) no officer or employee of the Federal Government or of any State, local, tribal, or territorial government within the United States, who has any knowledge

that such report was made may disclose to any person

involved in the transaction that the transaction has

been reported, other than as necessary to fulfill the

official duties of such officer or employee.

‘‘(B) DISCLOSURES IN CERTAIN EMPLOYMENT REFERENCES.—

‘‘(i) RULE OF CONSTRUCTION.—Notwithstanding the

application of subparagraph (A) in any other context,

subparagraph (A) shall not be construed as prohibiting

any financial institution, or any director, officer,

employee, or agent of such institution, from including

information that was included in a report to which

subparagraph (A) applies—

‘‘(I) in a written employment reference that

is provided in accordance with section 18(w) of

the Federal Deposit Insurance Act in response to

a request from another financial institution; or

‘‘(II) in a written termination notice or employment reference that is provided in accordance with

115 STAT. 322 PUBLIC LAW 107–56—OCT. 26, 2001

the rules of a self-regulatory organization registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission,

except that such written reference or notice may not

disclose that such information was also included in

any such report, or that such report was made.

‘‘(ii) INFORMATION NOT REQUIRED.—Clause (i) shall

not be construed, by itself, to create any affirmative

duty to include any information described in clause

(i) in any employment reference or termination notice

referred to in clause (i).’’.

SEC. 352. ANTI-MONEY LAUNDERING PROGRAMS.

(a) IN GENERAL.—Section 5318(h) of title 31, United States

Code, is amended to read as follows: ‘‘(h) ANTI-MONEY LAUNDERING PROGRAMS.—

‘‘(1) IN GENERAL.—In order to guard against money laundering through financial institutions, each financial institution

shall establish anti-money laundering programs, including, at

a minimum—

‘‘(A) the development of internal policies, procedures,

and controls;

‘‘(B) the designation of a compliance officer;

‘‘(C) an ongoing employee training program; and

‘‘(D) an independent audit function to test programs.

‘‘(2) REGULATIONS.—The Secretary of the Treasury, after

consultation with the appropriate Federal functional regulator

(as defined in section 509 of the Gramm-Leach-Bliley Act),

may prescribe minimum standards for programs established

under paragraph (1), and may exempt from the application

of those standards any financial institution that is not subject

to the provisions of the rules contained in part 103 of title

31, of the Code of Federal Regulations, or any successor rule

thereto, for so long as such financial institution is not subject

to the provisions of such rules.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect at the end of the 180-day period beginning on

the date of enactment of this Act.

(c) DATE OF APPLICATION OF REGULATIONS; FACTORS TO BE

TAKEN INTO ACCOUNT.—Before the end of the 180-day period beginning on the date of enactment of this Act, the Secretary shall

prescribe regulations that consider the extent to which the requirements imposed under this section are commensurate with the size,

location, and activities of 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

GEOGRAPHIC TARGETING ORDERS.

(a) CIVIL PENALTY FOR VIOLATION OF TARGETING ORDER.—

Section 5321(a)(1) of title 31, United States Code, is amended—

(1) by inserting ‘‘or order issued’’ after ‘‘subchapter or a

regulation prescribed’’; and

(2) by inserting ‘‘, or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act

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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 323

or section 123 of Public Law 91–508,’’ after ‘‘sections 5314

and 5315)’’.

(b) CRIMINAL PENALTIES FOR VIOLATION OF TARGETING

ORDER.—Section 5322 of title 31, United States Code, is amended—

(1) in subsection (a)—

(A) by inserting ‘‘or order issued’’ after ‘‘willfully violating this subchapter or a regulation prescribed’’; and

(B) by inserting ‘‘, or willfully violating a regulation

prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508,’’ after ‘‘under

section 5315 or 5324)’’; and

(2) in subsection (b)—

(A) by inserting ‘‘or order issued’’ after ‘‘willfully violating this subchapter or a regulation prescribed’’; and

(B) by inserting ‘‘or willfully violating a regulation

prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508,’’ after ‘‘under

section 5315 or 5324),’’.

(c) STRUCTURING TRANSACTIONS TO EVADE TARGETING ORDER

OR CERTAIN RECORDKEEPING REQUIREMENTS.—Section 5324(a) of

title 31, United States Code, is amended—

(1) by inserting a comma after ‘‘shall’’;

(2) by striking ‘‘section—’’ and inserting ‘‘section, the

reporting or recordkeeping requirements imposed by any order

issued under section 5326, or the recordkeeping requirements

imposed by any regulation prescribed under section 21 of the

Federal Deposit Insurance Act or section 123 of Public Law

91–508—’’;

(3) in paragraph (1), by inserting ‘‘, to file a report or

to maintain a record required by an order issued under section

5326, or to maintain a record required pursuant to any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508’’ after ‘‘regulation

prescribed under any such section’’; and

(4) in paragraph (2), by inserting ‘‘, to file a report or

to maintain a record required by any order issued under section

5326, or to maintain a record required pursuant to any regulation prescribed under section 5326, or to maintain a record

required pursuant to any regulation prescribed under section

21 of the Federal Deposit Insurance Act or section 123 of

Public Law 91–508,’’ after ‘‘regulation prescribed under any

such section’’.

(d) LENGTHENING EFFECTIVE PERIOD OF GEOGRAPHIC TARGETING ORDERS.—Section 5326(d) of title 31, United States Code,

is amended by striking ‘‘more than 60’’ and inserting ‘‘more than

180’’.

SEC. 354. ANTI-MONEY LAUNDERING STRATEGY.

Section 5341(b) of title 31, United States Code, is amended

by adding at the end the following:

‘‘(12) DATA REGARDING FUNDING OF TERRORISM.—Data concerning money laundering efforts related to the funding of

acts of international terrorism, and efforts directed at the

prevention, detection, and prosecution of such funding.’’.

115 STAT. 324 PUBLIC LAW 107–56—OCT. 26, 2001

SEC. 355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL

ACTIVITY IN WRITTEN EMPLOYMENT REFERENCES.

Section 18 of the Federal Deposit Insurance Act (12 U.S.C.

1828) is amended by adding at the end the following:

‘‘(w) WRITTEN EMPLOYMENT REFERENCES MAY CONTAIN SUSPICIONS OF INVOLVEMENT IN ILLEGAL ACTIVITY.—

‘‘(1) AUTHORITY TO DISCLOSE INFORMATION.—Notwithstanding any other provision of law, any insured depository

institution, and any director, officer, employee, or agent of

such institution, may disclose in any written employment reference relating to a current or former institution-affiliated party

of such institution which is provided to another insured depository institution in response to a request from such other institution, information concerning the possible involvement of such

institution-affiliated party in potentially unlawful activity.

‘‘(2) INFORMATION NOT REQUIRED.—Nothing in paragraph

(1) shall be construed, by itself, to create any affirmative duty

to include any information described in paragraph (1) in any

employment reference referred to in paragraph (1).

‘‘(3) MALICIOUS INTENT.—Notwithstanding any other provision of this subsection, voluntary disclosure made by an insured

depository institution, and any director, officer, employee, or

agent of such institution under this subsection concerning

potentially unlawful activity that is made with malicious intent,

shall not be shielded from liability from the person identified

in the disclosure.

‘‘(4) DEFINITION.—For purposes of this 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 FOR SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS FOR REGISTERED BROKERS AND DEALERS.—The Secretary,

after consultation with the Securities and Exchange Commission

and the Board of Governors of the Federal Reserve System, shall

publish proposed regulations in the Federal Register before January

1, 2002, requiring brokers and dealers registered with the Securities

and Exchange Commission under the Securities Exchange Act of

1934 to submit suspicious activity reports under section 5318(g)

of title 31, United States Code. Such regulations shall be published

in final form not later than July 1, 2002.

(b) SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS FOR

FUTURES COMMISSION MERCHANTS, COMMODITY TRADING ADVISORS,

AND COMMODITY POOL OPERATORS.—The Secretary, in consultation

with the Commodity Futures Trading Commission, may prescribe

regulations requiring futures commission merchants, commodity

trading advisors, and commodity pool operators registered under

the Commodity Exchange Act to submit suspicious activity reports

under section 5318(g) of title 31, United States Code.

(c) REPORT ON INVESTMENT COMPANIES.— (1) IN GENERAL.—Not later than 1 year after the date

of enactment of this Act, the Secretary, the Board of Governors

of the Federal Reserve System, and the Securities and

Exchange Commission shall jointly submit a report to the Congress on recommendations for effective regulations to apply

the requirements of subchapter II of chapter 53 of title 31,

Deadline.

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Regulations.

Federal Register,

publication.

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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 325

United States Code, to investment companies pursuant to section 5312(a)(2)(I) of title 31, United States Code.

(2) DEFINITION.—For purposes of this subsection, the term

‘‘investment company’’—

(A) has the same meaning as in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a–3); and

(B) includes any person that, but for the exceptions

provided for in paragraph (1) or (7) of section 3(c) of the

Investment Company Act of 1940 (15 U.S.C. 80a–3(c)),

would be an investment company.

(3) ADDITIONAL RECOMMENDATIONS.—The report required

by paragraph (1) may make different recommendations for different types of entities covered by this subsection.

(4) BENEFICIAL OWNERSHIP OF PERSONAL HOLDING COMPA- NIES.—The report described in paragraph (1) shall also include

recommendations as to whether the Secretary should promulgate regulations to treat any corporation or business or other

grantor trust whose assets are predominantly securities, bank

certificates of deposit, or other securities or investment

instruments (other than such as relate to operating subsidiaries

of such corporation or trust) and that has 5 or fewer common

shareholders or holders of beneficial or other equity interest,

as a financial institution within the meaning of that phrase

in section 5312(a)(2)(I) and whether to require such corporations

or trusts to disclose their beneficial owners when opening

accounts or initiating funds transfers at any domestic financial

institution.

SEC. 357. SPECIAL REPORT ON ADMINISTRATION OF BANK SECRECY

PROVISIONS.

(a) REPORT REQUIRED.—Not later than 6 months after the

date of enactment of this Act, the Secretary shall submit a report

to the Congress relating to the role of the Internal Revenue Service

in 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 by subsection (a)—

(1) shall specifically address, and contain recommendations

concerning—

(A) whether it is advisable to shift the processing of

information reporting to the Department of the Treasury

under the Bank Secrecy Act provisions to facilities other

than those managed by the Internal Revenue Service; and

(B) whether it remains reasonable and efficient, in

light of the objective of both anti-money-laundering programs and Federal tax administration, for the Internal

Revenue Service to retain authority and responsibility for

audit and examination of the compliance of money services

businesses and gaming institutions with those Bank

Secrecy Act provisions; and

(2) shall, if the Secretary determines that the information

processing responsibility or the audit and examination responsibility of the Internal Revenue Service, or both, with respect

to those Bank Secrecy Act provisions should be transferred

to other agencies, include the specific recommendations of the

Secretary regarding the agency or agencies to which any such

function should be transferred, complete with a budgetary and

resources plan for expeditiously accomplishing the transfer.

Deadline.

115 STAT. 326 PUBLIC LAW 107–56—OCT. 26, 2001

SEC. 358. BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED

STATES INTELLIGENCE AGENCIES TO FIGHT INTERNATIONAL TERRORISM.

(a) AMENDMENT RELATING TO THE PURPOSES OF CHAPTER 53

OF TITLE 31, UNITED STATES CODE.—Section 5311 of title 31, United

States Code, is amended by inserting before the period at the

end the following: ‘‘, or in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international

terrorism’’. (b) AMENDMENT RELATING TO REPORTING OF SUSPICIOUS ACTIVI- TIES.—Section 5318(g)(4)(B) of title 31, United States Code, is

amended by striking ‘‘or supervisory agency’’ and inserting ‘‘, supervisory agency, or United States intelligence agency for use in the

conduct of intelligence or counterintelligence activities, including

analysis, to protect against international terrorism’’.

(c) AMENDMENT RELATING TO AVAILABILITY OF REPORTS.—Section 5319 of title 31, United States Code, is amended to read

as follows:

‘‘§ 5319. Availability of reports

‘‘The Secretary of the Treasury shall make information in a

report filed under this subchapter available to an agency, including

any State financial institutions supervisory agency, United States

intelligence agency or self-regulatory organization registered with

the Securities and Exchange Commission or the Commodity Futures

Trading Commission, upon request of the head of the agency or

organization. The report shall be available for a purpose that is

consistent with this subchapter. The Secretary may only require

reports on the use of such information by any State financial

institutions supervisory agency for other than supervisory purposes

or by United States intelligence agencies. However, a report and

records of reports are exempt from disclosure under section 552

of title 5.’’.

(d) AMENDMENT RELATING TO THE PURPOSES OF THE BANK

SECRECY ACT PROVISIONS.—Section 21(a) of the Federal Deposit

Insurance Act (12 U.S.C. 1829b(a)) is amended to read as follows:

‘‘(a) CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.—

‘‘(1) FINDINGS.—Congress finds that—

‘‘(A) adequate records maintained by insured depository

institutions have a high degree of usefulness in criminal,

tax, and regulatory investigations or proceedings, and that,

given the threat posed to the security of the Nation on

and after the terrorist attacks against the United States

on September 11, 2001, such records may also have a

high degree of usefulness in the conduct of intelligence

or counterintelligence activities, including analysis, to protect against domestic and international terrorism; and

‘‘(B) microfilm or other reproductions and other records

made by insured depository institutions of checks, as well

as records kept by such institutions, of the identity of

persons maintaining or authorized to act with respect to

accounts therein, have been of particular value in proceedings described in subparagraph (A).

‘‘(2) PURPOSE.—It is the purpose of this section to require

the maintenance of appropriate types of records by insured

depository institutions in the United States where such records

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 327

have a high degree of usefulness in criminal, tax, or regulatory

investigations or proceedings, recognizes that, given the threat

posed to the security of the Nation on and after the terrorist

attacks against the United States on September 11, 2001, such

records may also have a high degree of usefulness in the

conduct of intelligence or counterintelligence activities,

including analysis, to protect against international terrorism.’’.

(e) AMENDMENT RELATING TO THE PURPOSES OF THE BANK

SECRECY ACT.—Section 123(a) of Public Law 91–508 (12 U.S.C.

1953(a)) is amended to read as follows: ‘‘(a) REGULATIONS.—If the Secretary determines that the

maintenance of appropriate records and procedures by any uninsured bank or uninsured institution, or any person engaging in

the business of carrying on in the United States any of the functions

referred to in subsection (b), has a high degree of usefulness in

criminal, tax, or regulatory investigations or proceedings, and that,

given the threat posed to the security of the Nation on and after

the terrorist attacks against the United States on September 11,

2001, such records may also have a high degree of usefulness

in the conduct of intelligence or counterintelligence activities,

including analysis, to protect against international terrorism, he

may by regulation require such bank, institution, or person.’’. (f) AMENDMENTS TO THE RIGHT TO FINANCIAL PRIVACY ACT.—

The Right to Financial Privacy Act of 1978 is amended—

(1) in section 1112(a) (12 U.S.C. 3412(a)), by inserting

‘‘, or intelligence or counterintelligence activity, investigation

or analysis related to international terrorism’’ after ‘‘legitimate

law enforcement inquiry’’;

(2) in section 1114(a)(1) (12 U.S.C. 3414(a)(1))—

(A) in subparagraph (A), by striking ‘‘or’’ at the end;

(B) in subparagraph (B), by striking the period at

the end and inserting ‘‘; or’’; and

(C) by adding at the end the following:

‘‘(C) a Government authority authorized to conduct

investigations of, or intelligence or counterintelligence analyses related to, international terrorism for the purpose

of conducting such investigations or analyses.’’; and

(3) in section 1120(a)(2) (12 U.S.C. 3420(a)(2)), by inserting

‘‘, or for a purpose authorized by section 1112(a)’’ before the

semicolon at the end.

(g) AMENDMENT TO THE FAIR CREDIT REPORTING ACT.—

(1) IN GENERAL.—The Fair Credit Reporting Act (15 U.S.C.

1681 et seq.) is amended—

(A) by redesignating the second of the 2 sections designated as section 624 (15 U.S.C. 1681u) (relating to disclosure to FBI for counterintelligence purposes) as section

625; and

(B) by adding at the end the following new section:

‘‘§ 626. Disclosures to governmental agencies for

counterterrorism purposes

‘‘(a) DISCLOSURE.—Notwithstanding section 604 or any other

provision of this title, a consumer reporting agency shall furnish

a consumer report of a consumer and all other information in

a consumer’s file to a government agency authorized to conduct

investigations of, or intelligence or counterintelligence activities

or analysis related to, international terrorism when presented with

15 USC 1681v.

115 STAT. 328 PUBLIC LAW 107–56—OCT. 26, 2001

a written certification by such government agency that such

information is necessary 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 the head of a Federal agency or an officer of a Federal agency

whose appointment to office is required to be made by the President,

by and with the advice and consent of the Senate. ‘‘(c) CONFIDENTIALITY.—No consumer reporting agency, or

officer, employee, or agent of such consumer reporting agency, shall

disclose to any person, or specify in any consumer report, that

a government agency has sought or obtained access to information

under subsection (a). ‘‘(d) RULE OF CONSTRUCTION.—Nothing in section 625 shall

be construed to limit the authority of the Director of the Federal

Bureau of Investigation under this section. ‘‘(e) SAFE HARBOR.—Notwithstanding any other provision of

this title, any consumer reporting agency or agent or employee

thereof making disclosure of consumer reports or other information

pursuant to this section in good-faith reliance upon a certification

of a governmental agency pursuant to the provisions of this section

shall not be liable to any person for such disclosure under this

subchapter, the constitution of any State, or any law or regulation

of any State or any political subdivision of any State.’’. (2) CLERICAL AMENDMENTS.—The table of sections for the

Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended—

(A) by redesignating the second of the 2 items designated as section 624 as section 625; and

(B) by inserting after the item relating to section 625

(as so redesignated) the following new item:

‘‘626. Disclosures to governmental agencies for counterterrorism purposes.’’.

(h) APPLICATION OF AMENDMENTS.—The amendments made by

this section shall apply with respect to reports filed or records

maintained on, before, or after the date of enactment of this Act.

SEC. 359. REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND

BANKING SYSTEMS.

(a) DEFINITION FOR SUBCHAPTER.—Section 5312(a)(2)(R) of title

31, United States Code, is amended to read as follows:

‘‘(R) a licensed sender of money or any other person

who engages as a business in the transmission of funds,

including any person who engages as a business in an

informal money transfer system or any network of people

who engage as a business in facilitating the transfer of

money domestically or internationally outside of the

conventional financial institutions system;’’.

(b) MONEY TRANSMITTING BUSINESS.—Section 5330(d)(1)(A) of

title 31, United States Code, is amended by inserting before the

semicolon the following: ‘‘or any other person who engages as a

business in the transmission of funds, including any person who

engages as a business in an informal money transfer system or

any network of people who engage as a business in facilitating

the transfer of money domestically or internationally outside of

the conventional financial institutions system;’’.

(c) APPLICABILITY OF RULES.—Section 5318 of title 31, United

States Code, as amended by this title, is amended by adding at

the end the following:

12 USC 1829b

note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 329

‘‘(l) APPLICABILITY OF RULES.—Any rules promulgated pursuant

to the authority contained in section 21 of the Federal Deposit

Insurance Act (12 U.S.C. 1829b) shall apply, in addition to any

other financial institution to which such rules apply, to any person

that engages as a business in the transmission of funds, including

any person who engages as a business in an informal money transfer

system or any network of people who engage as a business in

facilitating the transfer of money domestically or internationally

outside of the conventional financial institutions system.’’. (d) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Secretary of the Treasury shall report to Congress

on the need for any additional legislation relating to persons who

engage as a business in an informal money transfer system or

any network of people who engage as a business in facilitating

the transfer of money domestically or internationally outside of

the conventional financial institutions system, counter money laundering and regulatory controls relating to underground money movement and banking systems, including whether the threshold for

the filing of suspicious activity reports under section 5318(g) of

title 31, United States Code should be lowered in the case of

such systems.

SEC. 360. USE OF AUTHORITY OF UNITED STATES EXECUTIVE DIRECTORS.

(a) ACTION BY THE PRESIDENT.—If the President determines

that a particular foreign country has taken or has committed to

take actions that contribute to efforts of the United States to

respond to, deter, or prevent acts of international terrorism, the

Secretary may, consistent with other applicable provisions of law,

instruct the United States Executive Director of each international

financial institution to use the voice and vote of the Executive

Director to support any loan or other utilization 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 Secretary may instruct

the United States Executive Director of each international financial

institution to aggressively use the voice and vote of the Executive

Director to require an auditing of disbursements at such institutions

to ensure that no funds are paid to persons who commit, threaten

to commit, or support terrorism.

(c) DEFINITION.—For purposes of this section, the term ‘‘international financial institution’’ means an institution described in

section 1701(c)(2) of the International Financial Institutions Act

(22 U.S.C. 262r(c)(2)).

SEC. 361. FINANCIAL CRIMES ENFORCEMENT NETWORK.

(a) IN GENERAL.—Subchapter I of chapter 3 of title 31, United

States Code, is amended—

(1) by redesignating section 310 as section 311; and

(2) by inserting after section 309 the following new section:

‘‘§ 310. Financial Crimes Enforcement Network

‘‘(a) IN GENERAL.—The Financial Crimes Enforcement Network

established by order of the Secretary of the Treasury (Treasury

Order Numbered 105-08, in this section referred to as ‘FinCEN’)

on April 25, 1990, shall be a bureau in the Department of the

Treasury.

‘‘(b) DIRECTOR.—

22 USC 262p–4r.

Deadline.

31 USC 5311

note.

115 STAT. 330 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(1) APPOINTMENT.—The head of FinCEN shall be the

Director, who shall be appointed by the Secretary of the

Treasury. ‘‘(2) DUTIES AND POWERS.—The duties and powers of the

Director are as follows: ‘‘(A) Advise and make recommendations on matters

relating to financial intelligence, financial criminal activities, and other financial activities to the Under Secretary

of the Treasury for Enforcement. ‘‘(B) Maintain a government-wide data access service,

with access, in accordance with applicable legal requirements, to the following: ‘‘(i) Information collected by the Department of

the Treasury, including report information filed under

subchapter II of chapter 53 of this title (such as reports

on cash transactions, foreign financial agency transactions and relationships, foreign currency transactions, exporting and importing monetary

instruments, and suspicious activities), chapter 2 of

title I of Public Law 91–508, and section 21 of the

Federal Deposit Insurance Act. ‘‘(ii) Information regarding national and international currency flows. ‘‘(iii) Other records and data maintained by other

Federal, State, local, and foreign agencies, including

financial and other records developed in specific cases. ‘‘(iv) Other privately and publicly available

information.

‘‘(C) Analyze and disseminate the available data in

accordance with applicable legal requirements and policies

and guidelines established by the Secretary of the Treasury

and the Under Secretary of the Treasury for Enforcement

to—

‘‘(i) identify possible criminal activity to appropriate Federal, State, local, and foreign law enforcement agencies;

‘‘(ii) support ongoing criminal financial investigations and prosecutions and related proceedings,

including civil and criminal tax and forfeiture proceedings;

‘‘(iii) identify possible instances of noncompliance

with subchapter II of chapter 53 of this title, chapter

2 of title I of Public Law 91–508, and section 21 of

the Federal Deposit Insurance Act to Federal agencies

with statutory responsibility for enforcing compliance

with such provisions and other appropriate Federal

regulatory agencies;

‘‘(iv) evaluate and recommend possible uses of special currency reporting requirements under section

5326;

‘‘(v) determine emerging trends and methods in

money laundering and other financial crimes;

‘‘(vi) support the conduct of intelligence or counterintelligence activities, including analysis, to protect

against international terrorism; and

‘‘(vii) support government initiatives against

money laundering.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 331

‘‘(D) Establish and maintain a financial crimes communications center to furnish law enforcement authorities

with intelligence information related to emerging or

ongoing investigations and undercover operations.

‘‘(E) Furnish research, analytical, and informational

services to financial institutions, appropriate Federal regulatory agencies with regard to financial institutions, and

appropriate Federal, State, local, and foreign law enforcement authorities, in accordance with policies and guidelines

established by the Secretary of the Treasury or the Under

Secretary of the Treasury for Enforcement, in the interest

of detection, prevention, and prosecution of terrorism, organized crime, money laundering, and other financial crimes.

‘‘(F) Assist Federal, State, local, and foreign law

enforcement and regulatory authorities in combatting the

use of informal, nonbank networks and payment and barter

system mechanisms that permit the transfer of funds or

the equivalent of funds without records and without compliance with criminal and tax laws.

‘‘(G) Provide computer and data support and data analysis to the Secretary of the Treasury for tracking and

controlling foreign assets.

‘‘(H) Coordinate with financial intelligence units in

other countries on anti-terrorism and anti-money laundering initiatives, and similar efforts.

‘‘(I) Administer the requirements of subchapter II of

chapter 53 of this title, chapter 2 of title I of Public Law

91–508, and section 21 of the Federal Deposit Insurance

Act, to the extent delegated such authority by the Secretary

of the Treasury.

‘‘(J) Such other duties and powers as the Secretary

of the Treasury may delegate or prescribe.

‘‘(c) REQUIREMENTS RELATING TO MAINTENANCE AND USE OF

DATA BANKS.—The Secretary of the Treasury shall establish and

maintain operating procedures with respect to the governmentwide data access service and the financial crimes communications

center maintained by FinCEN which provide—

‘‘(1) for the coordinated and efficient transmittal of information to, entry of information into, and withdrawal of information

from, the data maintenance system maintained by the Network,

including—

‘‘(A) the submission of reports through the Internet

or other secure network, whenever possible;

‘‘(B) the cataloguing of information in a manner that

facilitates rapid retrieval by law enforcement personnel

of meaningful data; and

‘‘(C) a procedure that provides for a prompt initial

review of suspicious activity reports and other reports,

or such other means as the Secretary may provide, to

identify information that warrants immediate action; and

‘‘(2) in accordance with section 552a of title 5 and the

Right to Financial Privacy Act of 1978, appropriate standards

and guidelines for determining—

‘‘(A) who is to be given access to the information maintained by the Network;

‘‘(B) what limits are to be imposed on the use of such

information; and

115 STAT. 332 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(C) how information about activities or relationships

which involve or are closely associated with the exercise

of constitutional rights is to be screened out of the data

maintenance system.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for FinCEN such sums as may be necessary

for fiscal years 2002, 2003, 2004, and 2005.’’. (b) COMPLIANCE WITH REPORTING REQUIREMENTS.—The Secretary of the Treasury shall study methods for improving compliance

with the reporting requirements established in section 5314 of

title 31, United States Code, and shall submit a report on such

study to the Congress by the end of the 6-month period beginning

on the date of enactment of this Act and each 1-year period thereafter. The initial report shall include historical data on compliance

with such reporting requirements.

(c) CLERICAL AMENDMENT.—The table of sections for subchapter

I of chapter 3 of title 31, United States Code, is amended— (1) by redesignating the item relating to section 310 as

section 311; and

(2) by inserting after the item relating to section 309 the

following new item:

‘‘310. Financial Crimes Enforcement Network.’’.

SEC. 362. ESTABLISHMENT OF HIGHLY SECURE NETWORK.

(a) IN GENERAL.—The Secretary shall establish a highly secure

network in the Financial Crimes Enforcement Network that—

(1) allows financial institutions to file reports required

under subchapter II or III of chapter 53 of title 31, United

States Code, chapter 2 of Public Law 91–508, or section 21

of the Federal Deposit Insurance Act through the secure network; and

(2) provides financial institutions with alerts and other

information regarding suspicious activities that warrant immediate and enhanced scrutiny.

(b) EXPEDITED DEVELOPMENT.—The Secretary shall take such

action as may be necessary to ensure that the secure network

required under subsection (a) is fully operational before the end

of the 9-month period beginning on the date of enactment of this

Act.

SEC. 363. INCREASE IN CIVIL AND CRIMINAL PENALTIES FOR MONEY

LAUNDERING.

(a) CIVIL PENALTIES.—Section 5321(a) of title 31, United States

Code, is amended by adding at the end the following:

‘‘(7) PENALTIES FOR INTERNATIONAL COUNTER MONEY LAUNDERING VIOLATIONS.—The Secretary may impose a civil money

penalty in an amount equal to not less than 2 times the

amount of the transaction, but not more than $1,000,000, on

any financial institution or agency that violates any provision

of subsection (i) or (j) of section 5318 or any special measures

imposed under section 5318A.’’. (b) CRIMINAL PENALTIES.—Section 5322 of title 31, United

States Code, is amended by adding at the end the following:

‘‘(d) A financial institution or agency that violates any provision

of subsection (i) or (j) of section 5318, or any special measures

imposed under section 5318A, or any regulation prescribed under

subsection (i) or (j) of section 5318 or section 5318A, shall be

31 USC 310 note.

31 USC 5314

note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 333

fined in 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 (12 U.S.C. 248) is

amended by adding at the end the following:

‘‘(q) UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE

FACILITIES.—

‘‘(1) Notwithstanding any other provision of law, to

authorize personnel to act as law enforcement officers to protect

and safeguard the premises, grounds, property, personnel,

including members of the Board, of the Board, or any Federal

reserve bank, and operations conducted by or on behalf of

the Board or a reserve bank.

‘‘(2) The Board may, subject to the regulations prescribed

under paragraph (5), delegate authority to a Federal reserve

bank to authorize personnel to act as law enforcement officers

to protect and safeguard the bank’s premises, grounds, property,

personnel, and operations conducted by or on behalf of the

bank.

‘‘(3) Law enforcement officers designated or authorized by

the Board or a reserve bank under paragraph (1) or (2) are

authorized while on duty to carry firearms and make arrests

without warrants for any offense against the United States

committed in their presence, or for any felony cognizable under

the laws of the United States committed or being committed

within the buildings and grounds of the Board or a reserve

bank if they have reasonable grounds to believe that the person

to be arrested has committed or is committing such a felony.

Such officers shall have access to law enforcement information

that may be necessary for the protection of the property or

personnel of the Board or a reserve bank.

‘‘(4) For purposes of this subsection, the term ‘law enforcement officers’ means personnel who have successfully completed

law enforcement training and are authorized to carry firearms

and make arrests pursuant to this subsection.

‘‘(5) The law enforcement authorities provided for in this

subsection may be exercised only pursuant to regulations prescribed by the Board and approved by the Attorney General.’’.

SEC. 365. REPORTS RELATING TO COINS AND CURRENCY RECEIVED

IN NONFINANCIAL TRADE OR BUSINESS.

(a) REPORTS REQUIRED.—Subchapter II of chapter 53 of title

31, United States Code, is amended by adding at the end the

following new section:

‘‘§ 5331. Reports relating to coins and currency received in

nonfinancial trade or business

‘‘(a) COIN AND CURRENCY RECEIPTS OF MORE THAN $10,000.—

Any person—

‘‘(1) who is engaged in a trade or business; and

‘‘(2) who, in the course of such trade or business, receives

more than $10,000 in coins or currency in 1 transaction (or

2 or more related transactions),

shall file a report described in subsection (b) with respect to such

transaction (or related transactions) with the Financial Crimes

115 STAT. 334 PUBLIC LAW 107–56—OCT. 26, 2001

Enforcement Network at such time and in such manner as the

Secretary may, by regulation, prescribe.

‘‘(b) FORM AND MANNER OF REPORTS.—A report is described

in this subsection if such report—

‘‘(1) is in such form as the Secretary may prescribe;

‘‘(2) contains—

‘‘(A) the name and address, and such other identification information as the Secretary may require, of the person

from whom the coins or currency was received;

‘‘(B) the amount of coins or currency received;

‘‘(C) the date and nature of the transaction; and

‘‘(D) such other information, including the identification of the person filing the report, as the Secretary may

prescribe.

‘‘(c) EXCEPTIONS.—

‘‘(1) AMOUNTS RECEIVED BY FINANCIAL INSTITUTIONS.—Subsection (a) shall not apply to amounts received in a transaction

reported under section 5313 and regulations prescribed under

such section.

‘‘(2) TRANSACTIONS OCCURRING OUTSIDE THE UNITED

STATES.—Except to the extent provided in regulations prescribed by the Secretary, subsection (a) shall not apply to

any transaction if the entire transaction occurs outside the

United States.

‘‘(d) CURRENCY INCLUDES FOREIGN CURRENCY AND CERTAIN

MONETARY INSTRUMENTS.—

‘‘(1) IN GENERAL.—For purposes of this section, the term

‘currency’ includes—

‘‘(A) foreign currency; and

‘‘(B) to the extent provided 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 OF APPLICATION.—Paragraph (1)(B) shall not

apply to any check drawn on the account of the writer in

a financial institution referred to in subparagraph (A), (B),

(C), (D), (E), (F), (G), (J), (K), (R), or (S) of section 5312(a)(2).’’.

(b) PROHIBITION ON STRUCTURING TRANSACTIONS.—

(1) IN GENERAL.—Section 5324 of title 31, United States

Code, is amended—

(A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(B) by inserting after subsection (a) the following new

subsection:

‘‘(b) DOMESTIC COIN AND CURRENCY TRANSACTIONS INVOLVING

NONFINANCIAL TRADES OR BUSINESSES.—No person shall, for the

purpose of evading the report requirements of section 5333 or

any regulation prescribed under such section—

‘‘(1) cause or attempt to cause a nonfinancial trade or

business to fail to file a report required under section 5333

or any regulation prescribed under such section;

‘‘(2) cause or attempt to cause a nonfinancial trade or

business to file a report required under section 5333 or any

regulation prescribed under such section that contains a material omission or misstatement of fact; or

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 335

‘‘(3) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with 1 or more

nonfinancial trades or businesses.’’. (2) TECHNICAL AND CONFORMING AMENDMENTS.— (A) The heading for subsection (a) of section 5324 of

title 31, United States Code, is amended by inserting

‘‘INVOLVING FINANCIAL INSTITUTIONS’’ after ‘‘TRANS- ACTIONS’’. (B) Section 5317(c) of title 31, United States Code,

is amended by striking ‘‘5324(b)’’ and inserting ‘‘5324(c)’’. (c) DEFINITION OF NONFINANCIAL TRADE OR BUSINESS.— (1) IN GENERAL.—Section 5312(a) of title 31, United States

Code, is amended— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(B) by inserting after paragraph (3) the following new

paragraph:

‘‘(4) NONFINANCIAL TRADE OR BUSINESS.—The term ‘nonfinancial trade or business’ means any trade or business other

than a financial institution that is subject to the reporting

requirements of section 5313 and regulations prescribed under

such section.’’.

(2) TECHNICAL AND CONFORMING AMENDMENTS.—

(A) Section 5312(a)(3)(C) of title 31, United States

Code, is amended by striking ‘‘section 5316,’’ and inserting

‘‘sections 5333 and 5316,’’.

(B) Subsections (a) through (f) of section 5318 of title

31, United States Code, and sections 5321, 5326, and 5328

of such title are each amended—

(i) by inserting ‘‘or nonfinancial 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 of sections for chapter

53 of title 31, United States Code, is amended by inserting after

the item relating to section 5332 (as added by section 112 of this

title) the following new item:

‘‘5331. Reports relating to coins and currency received in nonfinancial trade or business.’’.

(f) REGULATIONS.—Regulations which the Secretary determines

are necessary to implement this section shall be published in final

form before the end of the 6-month period beginning on the date

of enactment of this Act.

SEC. 366. EFFICIENT USE OF CURRENCY TRANSACTION REPORT

SYSTEM.

(a) FINDINGS.—The Congress finds the following:

(1) The Congress established the currency transaction

reporting requirements in 1970 because the Congress found

then that such reports have a high degree of usefulness in

criminal, tax, and regulatory investigations and proceedings

and the usefulness of such reports has only increased in the

years since the requirements were established.

(2) In 1994, in response to reports and testimony that

excess amounts of currency transaction reports were interfering

31 USC 5313

note.

Publication.

31 USC 5331

note.

115 STAT. 336 PUBLIC LAW 107–56—OCT. 26, 2001

with effective law enforcement, the Congress reformed the currency transaction report exemption requirements to provide— (A) mandatory exemptions for certain reports that had

little usefulness for law enforcement, such as cash transfers

between depository institutions and cash deposits from

government agencies; and

(B) discretionary authority for the Secretary of the

Treasury to provide exemptions, subject to criteria and

guidelines established by the Secretary, for financial

institutions with regard to regular business customers that

maintain accounts at an institution into which frequent

cash deposits are made.

(3) Today there is evidence that some financial institutions

are not utilizing the exemption system, or are filing reports

even if there is an exemption in effect, with the result that

the volume of currency transaction reports is once again interfering with effective law enforcement.

(b) STUDY AND REPORT.— (1) STUDY REQUIRED.—The Secretary shall conduct a study

of— (A) the possible expansion of the statutory exemption

system in effect under section 5313 of title 31, United

States Code; and

(B) methods for improving financial institution utilization of the statutory exemption provisions as a way of

reducing the submission of currency transaction reports

that have little or no value for law enforcement purposes,

including improvements in the systems in effect at financial

institutions for regular review of the exemption procedures

used at the institution and the training of personnel in

its effective use.

(2) REPORT REQUIRED.—The Secretary of the Treasury shall

submit a report to the Congress before the end of the 1-year

period beginning on the date of enactment of this Act containing

the findings and conclusions of the Secretary with regard to

the study required under subsection (a), and such recommendations for legislative or administrative action as the Secretary

determines to be appropriate.

Subtitle C—Currency Crimes and

Protection

SEC. 371. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED

STATES.

(a) FINDINGS.—The Congress finds the following:

(1) Effective enforcement of the currency reporting requirements of subchapter II of chapter 53 of title 31, United States

Code, and the regulations prescribed under such subchapter,

has forced drug dealers and other criminals engaged in cashbased businesses to avoid using traditional financial institutions.

(2) In their effort to avoid using traditional financial

institutions, drug dealers and other criminals are forced to

move large quantities of currency in bulk form to and through

the airports, border crossings, and other ports of entry where

the currency can be smuggled out of the United States and

31 USC 5332

note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 337

placed in a foreign financial institution or sold on the black

market.

(3) The transportation and smuggling of cash in bulk form

may now be the most common form of money laundering,

and the movement of large sums of cash is one of the most

reliable warning signs of drug trafficking, terrorism, money

laundering, racketeering, tax evasion and similar crimes.

(4) The intentional transportation into or out of the United

States of large amounts of currency or monetary instruments,

in a manner designed to circumvent the mandatory reporting

provisions of subchapter II of chapter 53 of title 31, United

States Code,, is the equivalent of, and creates the same harm

as, the smuggling of goods.

(5) The arrest and prosecution of bulk cash smugglers

are important parts of law enforcement’s effort to stop the

laundering of criminal proceeds, but the couriers who attempt

to smuggle the cash out of the United States are typically

low-level employees of large criminal organizations, and thus

are easily replaced. Accordingly, only the confiscation of the

smuggled bulk cash can effectively break the cycle of criminal

activity of which the laundering of the bulk cash is a critical

part.

(6) The current penalties for violations 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 under current law is a

reporting offense, the law does not adequately provide for the

confiscation of smuggled currency. In contrast, if the smuggling

of bulk cash were itself an offense, the cash could be confiscated

as the corpus delicti of the smuggling offense.

(b) PURPOSES.—The purposes of this section are—

(1) to make the act of smuggling bulk cash itself a criminal

offense;

(2) to authorize forfeiture of any cash or instruments of

the smuggling offense; and

(3) to emphasize the seriousness of the act of bulk cash

smuggling.

(c) ENACTMENT OF BULK CASH SMUGGLING OFFENSE.—Subchapter II of chapter 53 of title 31, United States Code, is amended

by adding at the end the following:

‘‘§ 5332. Bulk cash smuggling into or out of the United States

‘‘(a) CRIMINAL OFFENSE.—

‘‘(1) IN GENERAL.—Whoever, with the intent to evade a

currency reporting requirement under section 5316, knowingly

conceals more than $10,000 in currency or other monetary

instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and

transports or transfers or attempts to transport or transfer

such currency or monetary instruments from a place within

the United States to a place outside of the United States,

or from a place outside the United States to a place within

the United States, shall be guilty of a currency smuggling

offense and subject to punishment pursuant to subsection (b).

‘‘(2) CONCEALMENT ON PERSON.—For purposes of this section, the concealment of currency on the person of any individual includes concealment in any article of clothing worn

31 USC 5332

note.

115 STAT. 338 PUBLIC LAW 107–56—OCT. 26, 2001

by the individual or in any luggage, backpack, or other container worn or carried by such individual.

‘‘(b) PENALTY.—

‘‘(1) TERM OF IMPRISONMENT.—A person convicted of a currency smuggling offense under subsection (a), or a conspiracy

to commit such offense, shall be imprisoned for not more than

5 years.

‘‘(2) FORFEITURE.—In addition, the court, in imposing sentence under paragraph (1), shall order that the defendant forfeit

to the United States, any property, real or personal, involved

in the offense, and any property traceable to such property,

subject to subsection (d) of this section.

‘‘(3) PROCEDURE.—The seizure, restraint, and forfeiture of

property under this section shall be governed by section 413

of the Controlled Substances Act.

‘‘(4) PERSONAL MONEY JUDGMENT.—If the property subject

to forfeiture under paragraph (2) is unavailable, and the defendant has insufficient substitute property that may be forfeited

pursuant to section 413(p) of the Controlled Substances Act,

the court shall enter a personal money judgment against the

defendant for the amount that would be subject to forfeiture.

‘‘(c) CIVIL FORFEITURE.—

‘‘(1) IN GENERAL.—Any property involved in a violation

of subsection (a), or a conspiracy to commit such violation,

and any property traceable to such violation or conspiracy,

may be seized and, subject to subsection (d) of this section,

forfeited to the United States.

‘‘(2) PROCEDURE.—The seizure and forfeiture shall be governed by the procedures governing civil forfeitures in money

laundering cases pursuant to section 981(a)(1)(A) of title 18,

United States Code.

‘‘(3) TREATMENT OF CERTAIN PROPERTY AS INVOLVED IN THE

OFFENSE.—For purposes of this subsection and subsection (b),

any currency or other monetary instrument that is concealed

or intended to be concealed in violation of subsection (a) or

a conspiracy to commit such violation, any article, container,

or conveyance used, or intended to be used, to conceal or

transport the currency or other monetary instrument, and any

other property used, or intended to be used, to facilitate the

offense, shall be considered property involved in the offense.’’. (c) CLERICAL AMENDMENT.—The table of sections for subchapter

II of chapter 53 of title 31, United States Code, is amended by

inserting after the item relating to section 5331, as added by this

Act, the following new 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 section 5317 of title 31,

United States Code, is amended to read as follows:

‘‘(c) FORFEITURE.—

‘‘(1) CRIMINAL FORFEITURE.—

‘‘(A) IN GENERAL.—The court in imposing sentence for

any violation of section 5313, 5316, or 5324 of this title,

or any conspiracy to commit such violation, shall order

the defendant to forfeit all property, real or personal,

involved in the offense and any property traceable thereto.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 339

‘‘(B) PROCEDURE.—Forfeitures under this paragraph

shall be governed by the procedures established in section

413 of the Controlled Substances Act.

‘‘(2) CIVIL FORFEITURE.—Any property involved in a violation of section 5313, 5316, or 5324 of this title, or any conspiracy

to commit any such violation, and any property traceable to

any such violation or conspiracy, may be seized and forfeited

to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant

to section 981(a)(1)(A) of title 18, United States Code.’’. (b) CONFORMING AMENDMENTS.— (1) Section 981(a)(1)(A) of title 18, United States Code,

is amended— (A) by striking ‘‘of section 5313(a) or 5324(a) of title

31, or’’; and

(B) by striking ‘‘However’’ and all that follows through

the end of the subparagraph.

(2) Section 982(a)(1) of title 18, United States Code, is

amended—

(A) by striking ‘‘of section 5313(a), 5316, or 5324 of

title 31, or’’; and

(B) by striking ‘‘However’’ and all that follows through

the end of the paragraph.

SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.

(a) SCIENTER REQUIREMENT FOR SECTION 1960 VIOLATION.—

Section 1960 of title 18, United States Code, is amended to read

as follows:

‘‘§ 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 more than 5 years, or both. ‘‘(b) As used in this section—

‘‘(1) the term ‘unlicensed money transmitting business’

means a money transmitting business which affects interstate

or foreign commerce in any manner or degree and—

‘‘(A) is operated without an appropriate money

transmitting license in a State where such operation is

punishable as a misdemeanor or a felony under State law,

whether or not the defendant knew that the operation

was required to be licensed or that the operation was

so punishable;

‘‘(B) fails to comply with the money transmitting business registration requirements under section 5330 of title

31, United States Code, or regulations prescribed under

such section; or

‘‘(C) otherwise involves the transportation or transmission of funds that are known to the defendant to have

been derived from a criminal offense or are intended to

be used to be used to promote or support unlawful activity;

‘‘(2) the term ‘money transmitting’ includes transferring

funds on behalf of the public by any and all means including

but not limited to transfers within this country or to locations

abroad by wire, check, draft, facsimile, or courier; and

115 STAT. 340 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(3) the term ‘State’ means any State of the United States,

the District of Columbia, the Northern Mariana Islands, and

any commonwealth, territory, or possession of the United

States.’’.

(b) SEIZURE OF ILLEGALLY TRANSMITTED FUNDS.—Section

981(a)(1)(A) of title 18, United States Code, is amended by striking

‘‘or 1957’’ and inserting ‘‘, 1957 or 1960’’.

(c) CLERICAL AMENDMENT.—The table of sections for chapter

95 of title 18, United States Code, is amended in the item relating

to section 1960 by striking ‘‘illegal’’ and inserting ‘‘unlicensed’’.

SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.

(a) COUNTERFEIT ACTS COMMITTED OUTSIDE THE UNITED

STATES.—Section 470 of 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 fined under this title, imprisoned

not more than 20 years, or both’’ and inserting ‘‘shall be punished as is provided for the like offense within the United

States’’.

(b) OBLIGATIONS OR SECURITIES OF THE UNITED STATES.—Section 471 of title 18, United States Code, is amended by striking

‘‘fifteen years’’ and inserting ‘‘20 years’’.

(c) UTTERING COUNTERFEIT OBLIGATIONS OR SECURITIES.—Section 472 of title 18, United States Code, is amended by striking

‘‘fifteen years’’ and inserting ‘‘20 years’’.

(d) DEALING IN COUNTERFEIT OBLIGATIONS OR SECURITIES.—

Section 473 of title 18, United States Code, is amended by striking

‘‘ten years’’ and inserting ‘‘20 years’’.

(e) PLATES, STONES, OR ANALOG, DIGITAL, OR ELECTRONIC

IMAGES FOR COUNTERFEITING OBLIGATIONS OR SECURITIES.—

(1) IN GENERAL.—Section 474(a) of title 18, United States

Code, is amended by inserting after the second paragraph the

following new paragraph:

‘‘Whoever, with intent to defraud, makes, executes, acquires,

scans, captures, records, receives, transmits, reproduces, sells, or

has in such person’s control, custody, or possession, an analog,

digital, or electronic image of any obligation or other security of

the United States; or’’.

(2) AMENDMENT TO DEFINITION.—Section 474(b) of title 18,

United States Code, is amended by striking the first sentence

and inserting the following new sentence: ‘‘For purposes of

this section, the term ‘analog, digital, or electronic image’

includes any analog, digital, or electronic method used for the

making, execution, acquisition, scanning, capturing, recording,

retrieval, transmission, or reproduction of any obligation or

security, unless such use is authorized by the Secretary of

the Treasury.’’.

(3) TECHNICAL AND CONFORMING AMENDMENT.—The

heading for section 474 of title 18, United States Code, is

amended by striking ‘‘or stones’’ and inserting ‘‘, stones, or

analog, digital, or electronic images’’.

(4) CLERICAL AMENDMENT.—The table of sections for

chapter 25 of title 18, United States Code, is amended in

the item relating to section 474 by striking ‘‘or stones’’ and

inserting ‘‘, stones, or analog, digital, or electronic images’’.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 341

(f) TAKING IMPRESSIONS OF TOOLS USED FOR OBLIGATIONS OR

SECURITIES.—Section 476 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’’ and inserting ‘‘25 years’’.

(g) POSSESSING OR SELLING IMPRESSIONS OF TOOLS USED FOR

OBLIGATIONS OR SECURITIES.—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, by inserting ‘‘analog, digital,

or electronic image,’’ after ‘‘imprint, stamp,’’; and

(3) in the third paragraph, by striking ‘‘ten years’’ and

inserting ‘‘25 years’’. (h) CONNECTING PARTS OF DIFFERENT NOTES.—Section 484 of

title 18, United States Code, is amended by striking ‘‘five years’’ and inserting ‘‘10 years’’. (i) BONDS AND OBLIGATIONS OF CERTAIN LENDING AGENCIES.—

The first and second paragraphs of section 493 of title 18, United

States Code, are each amended by striking ‘‘five years’’ and inserting

‘‘10 years’’.

SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.

(a) FOREIGN OBLIGATIONS OR SECURITIES.—Section 478 of title

18, United States Code, is amended by striking ‘‘five years’’ and

inserting ‘‘20 years’’.

(b) UTTERING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURITIES.—Section 479 of title 18, United States Code, is amended

by striking ‘‘three years’’ and inserting ‘‘20 years’’.

(c) POSSESSING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURITIES.—Section 480 of title 18, United States Code, is amended

by striking ‘‘one year’’ and inserting ‘‘20 years’’.

(d) PLATES, STONES, OR ANALOG, DIGITAL, OR ELECTRONIC

IMAGES FOR COUNTERFEITING FOREIGN OBLIGATIONS OR SECURI- TIES.—

(1) IN GENERAL.—Section 481 of title 18, United States

Code, is amended by inserting after the second paragraph the

following new paragraph:

‘‘Whoever, with intent to defraud, makes, executes, acquires,

scans, captures, records, receives, transmits, reproduces, sells, or

has in such person’s control, custody, or possession, an analog,

digital, or electronic image of any bond, certificate, obligation, or

other security of any foreign government, or of any treasury note,

bill, or promise to pay, lawfully issued by such foreign government

and intended to circulate as money; or’’.

(2) INCREASED SENTENCE.—The last paragraph of section

481 of title 18, United States Code, is amended by striking

‘‘five years’’ and inserting ‘‘25 years’’.

(3) TECHNICAL AND CONFORMING AMENDMENT.—The

heading for section 481 of title 18, United States Code, is

amended by striking ‘‘or stones’’ and inserting ‘‘, stones, or

analog, digital, or electronic images’’.

(4) CLERICAL AMENDMENT.—The table of sections for

chapter 25 of title 18, United States Code, is amended in

the item relating to section 481 by striking ‘‘or stones’’ and

inserting ‘‘, stones, or analog, digital, or electronic images’’.

115 STAT. 342 PUBLIC LAW 107–56—OCT. 26, 2001

(e) FOREIGN BANK NOTES.—Section 482 of title 18, United

States Code, is amended by striking ‘‘two years’’ and inserting ‘‘20 years’’. (f) UTTERING COUNTERFEIT FOREIGN BANK NOTES.—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, United States Code, is amended

by inserting ‘‘or 2339B’’ after ‘‘2339A’’.

SEC. 377. EXTRATERRITORIAL JURISDICTION.

Section 1029 of title 18, United States Code, is amended by

adding at the end the following: ‘‘(h) Any person who, outside the jurisdiction of the United

States, engages in any act that, if committed within the jurisdiction

of the United States, would constitute an offense under subsection

(a) or (b) of this section, shall be subject to the fines, penalties,

imprisonment, and forfeiture provided in this title if— ‘‘(1) the offense involves an access device issued, owned,

managed, or controlled by a financial institution, account issuer,

credit card system member, or other 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, any article used to assist

in the commission of the offense or the proceeds of such offense

or property derived therefrom.’’.

TITLE IV—PROTECTING THE BORDER

Subtitle A—Protecting the Northern

Border

SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN

BORDER.

The Attorney General is authorized to waive any FTE cap

on personnel assigned to the Immigration and Naturalization

Service on the Northern border.

SEC. 402. NORTHERN BORDER PERSONNEL.

There are authorized to be appropriated—

(1) such sums as may be necessary to triple the number

of Border Patrol personnel (from the number authorized under

current law), and the necessary personnel and facilities to

support such personnel, in each State along the Northern

Border;

(2) such sums as may be necessary to triple the number

of Customs Service personnel (from the number authorized

under current law), and the necessary personnel and facilities

to support such personnel, at ports of entry in each State

along the Northern Border;

(3) such sums as may be necessary to triple the number

of INS inspectors (from the number authorized on the date

of the enactment of this Act), and the necessary personnel

Appropriation

authorization.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 343

and facilities to support such personnel, at ports of entry in

each State along the Northern Border; and (4) an additional $50,000,000 each to the Immigration and

Naturalization Service and the United States Customs Service

for purposes of making improvements in technology for monitoring the Northern Border and acquiring additional equipment

at the Northern Border.

SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO

CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL

HISTORY RECORDS OF VISA APPLICANTS AND

APPLICANTS FOR ADMISSION TO THE UNITED STATES.

(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.— Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105)

is amended— (1) in the section heading, by inserting ‘‘; 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 it appears; and

(4) by adding at the end the following:

‘‘(b)(1) The Attorney General and the Director of the Federal

Bureau of Investigation shall provide the Department of State

and the Service access to the criminal history record information

contained in the National Crime Information Center’s Interstate

Identification Index (NCIC-III), Wanted Persons File, and to any

other files maintained by the National Crime Information Center

that may be mutually agreed upon by the Attorney General and

the agency receiving the access, for the purpose of determining

whether or not a visa applicant or applicant for admission has

a criminal history record indexed in any such file.

‘‘(2) Such access shall be provided by means of extracts of

the records for placement in the automated visa lookout or other

appropriate database, and shall be provided without any fee or

charge. ‘‘(3) The Federal Bureau of Investigation shall provide periodic

updates of the extracts at intervals mutually agreed upon with

the agency receiving the access. Upon receipt of such updated

extracts, the receiving agency shall make corresponding updates

to its database and destroy previously provided extracts.

‘‘(4) Access to an extract does not entitle the Department of

State to obtain the full content of the corresponding automated

criminal history record. To obtain the full content of a criminal

history record, the Department of State shall submit the applicant’s

fingerprints and any appropriate fingerprint processing fee authorized by law to the Criminal Justice Information Services Division

of the Federal Bureau of Investigation.

‘‘(c) The provision of the extracts described in subsection (b)

may be reconsidered by the Attorney General and the receiving

agency upon the development and deployment of a more cost-effective and efficient means of sharing the information.

‘‘(d) For purposes of administering this section, the Department

of State shall, prior to receiving access to NCIC data but not

later than 4 months after the date of enactment of this subsection,

promulgate final regulations—

‘‘(1) to implement procedures for the taking of fingerprints;

and

Deadline.

Regulations.

115 STAT. 344 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(2) to establish the conditions for the use of the information

received from the Federal Bureau of Investigation, in order— ‘‘(A) to limit the redissemination of such information;

‘‘(B) to ensure that such information is used solely

to determine whether or not to issue a visa to an alien

or to admit an alien to the United States;

‘‘(C) to ensure the security, confidentiality, and destruction of such information; and

‘‘(D) to protect any privacy rights of individuals who

are subjects of such information.’’.

(b) REPORTING REQUIREMENT.—Not later than 2 years after

the date of enactment of this Act, the Attorney General and the

Secretary of State jointly shall report to Congress on the

implementation of the amendments made by this section.

(c) TECHNOLOGY STANDARD TO CONFIRM IDENTITY.— (1) IN 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 the Treasury and other Federal law enforcement and intelligence agencies the Attorney General or Secretary of State

deems appropriate and in consultation with Congress, shall

within 2 years after the date of the enactment of this section,

develop and certify a technology standard that can be used

to verify the identity of persons applying for a United States

visa or such persons seeking to enter the United States pursuant to a visa for the purposes of conducting background checks,

confirming identity, and ensuring that a person has not received

a visa under a different name or such person seeking to enter

the United States pursuant to a visa.

(2) INTEGRATED.—The technology standard developed

pursuant to paragraph (1), shall be the technological basis

for a cross-agency, cross-platform electronic system that is a

cost-effective, efficient, fully integrated means to share law

enforcement and intelligence information necessary to confirm

the identity of such persons applying for a United States visa

or such person seeking to enter the United States pursuant

to a visa.

(3) ACCESSIBLE.—The electronic system described in paragraph (2), once implemented, shall be readily and easily accessible to—

(A) all consular officers responsible for the issuance

of visas;

(B) all Federal inspection agents at all United States

border inspection points; and

(C) all law enforcement and intelligence officers as

determined by regulation to be responsible for investigation

or identification of aliens admitted to the United States

pursuant to a visa.

(4) REPORT.—Not later than 18 months after the date of

the enactment of this Act, and every 2 years thereafter, the

Attorney General and the Secretary of State shall jointly, in

consultation with the Secretary of Treasury, report to Congress

describing the development, implementation, efficacy, and privacy implications of the technology standard and electronic

database system described in this subsection.

(5) FUNDING.—There is authorized to be appropriated to

the Secretary of State, the Attorney General, and the Director

Deadline.

Deadline.

8 USC 1379.

Deadline.

8 USC 1105 note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 345

of the National Institute of Standards and Technology such

sums as may be necessary to carry out the provisions of this

subsection.

(d) STATUTORY CONSTRUCTION.—Nothing in this section, or in

any other law, shall be construed to limit the authority of the

Attorney General or the Director of the Federal Bureau of Investigation to provide access to the criminal history record information

contained in the National Crime Information Center’s (NCIC) Interstate Identification Index (NCIC-III), or to any other information

maintained by the NCIC, to any Federal agency or officer authorized

to enforce or administer the immigration laws of the United States,

for the purpose of such enforcement or administration, upon terms

that are consistent with 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) and section 552a of title 5, United States

Code.

SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.

The matter under the headings ‘‘Immigration And Naturalization Service: Salaries and Expenses, Enforcement And Border

Affairs’’ and ‘‘Immigration And Naturalization Service: Salaries and

Expenses, Citizenship And Benefits, Immigration And Program

Direction’’ in the Department of Justice Appropriations Act, 2001

(as enacted into law by Appendix B (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 Naturalization Service shall

be available to pay any employee overtime pay in an amount

in excess of $30,000 during the calendar year beginning January

1, 2001:’’.

SEC. 405. REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT

IDENTIFICATION SYSTEM FOR PORTS OF ENTRY AND

OVERSEAS CONSULAR POSTS.

(a) IN GENERAL.—The Attorney General, in consultation with

the appropriate heads of other Federal agencies, including the Secretary of State, Secretary of the Treasury, and the Secretary of

Transportation, shall report to Congress on the feasibility of

enhancing the Integrated Automated Fingerprint Identification

System (IAFIS) of the Federal Bureau of Investigation and other

identification systems in order to better identify a person who

holds a foreign passport or a visa and may be wanted in connection

with a criminal investigation in the United States or abroad, before

the issuance of a visa to that person or the entry or exit from

the United States by that person.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated not less than $2,000,000 to carry out this section.

Subtitle B—Enhanced Immigration

Provisions

SEC. 411. DEFINITIONS RELATING TO TERRORISM.

(a) GROUNDS OF INADMISSIBILITY.—Section 212(a)(3) of the

Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended—

(1) in subparagraph (B)—

(A) in clause (i)—

8 USC 1379 note.

8 USC 1105 note.

115 STAT. 346 PUBLIC LAW 107–56—OCT. 26, 2001

(i) by amending subclause (IV) to read as follows: ‘‘(IV) is a representative (as defined in clause

(v)) of— ‘‘(aa) a foreign terrorist organization, as

designated by the Secretary of State under

section 219, or

‘‘(bb) a political, social or other similar

group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to

reduce or eliminate terrorist activities,’’;

(ii) in subclause (V), by inserting ‘‘or’’ after ‘‘section

219,’’; and

(iii) by adding at the end the following new subclauses:

‘‘(VI) has used the alien’s position of prominence within any country to endorse or espouse

terrorist activity, or to persuade others to support

terrorist activity or a terrorist organization, in a

way that the Secretary of State has determined

undermines United States efforts to reduce or

eliminate terrorist activities, or

‘‘(VII) is the spouse or child of an alien who

is inadmissible under this section, if the activity

causing the alien to be found inadmissible occurred

within the last 5 years,’’;

(B) by redesignating clauses (ii), (iii), and (iv) as clauses

(iii), (iv), and (v), respectively;

(C) in clause (i)(II), by striking ‘‘clause (iii)’’ and

inserting ‘‘clause (iv)’’;

(D) by inserting after clause (i) the following:

‘‘(ii) EXCEPTION.—Subclause (VII) of clause (i) does

not apply to a spouse or child—

‘‘(I) who did not know or should not reasonably

have known of the activity causing the alien to

be found inadmissible under this section; or

‘‘(II) whom the consular officer or Attorney

General has reasonable grounds to believe has

renounced the activity causing the alien to be

found inadmissible under this section.’’;

(E) in clause (iii) (as redesignated by subparagraph

(B))—

(i) by inserting ‘‘it had been’’ before ‘‘committed

in the United States’’; and

(ii) in subclause (V)(b), by striking ‘‘or firearm’’

and inserting ‘‘, firearm, or other weapon or dangerous

device’’;

(F) by amending clause (iv) (as redesignated by

subparagraph (B)) to read as follows:

‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED.—

As used in this chapter, the term ‘engage in terrorist

activity’ means, in an individual capacity or as a

member of an organization—

‘‘(I) to commit or to incite to commit, under

circumstances indicating an intention to cause

death or serious bodily injury, a terrorist activity;

‘‘(II) to prepare or plan a terrorist activity;

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 347

‘‘(III) to gather information on potential targets for terrorist activity; ‘‘(IV) to solicit 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 can demonstrate that he did not know, and should

not reasonably have known, that the solicitation would further the organization’s terrorist

activity;

‘‘(V) to solicit any individual—

‘‘(aa) to engage in conduct otherwise

described in this clause;

‘‘(bb) for membership in a terrorist

organization described in clause (vi)(I) or

(vi)(II); or

‘‘(cc) for membership in a terrorist

organization described in clause (vi)(III),

unless the solicitor can demonstrate that he

did not know, and should not reasonably have

known, that the solicitation would further the

organization’s terrorist activity; or

‘‘(VI) to commit an act that the actor knows,

or reasonably should know, affords material support, including a safe house, transportation,

communications, funds, transfer of funds or other

material financial benefit, false documentation or

identification, weapons (including chemical,

biological, or radiological weapons), explosives, or

training—

‘‘(aa) for the commission of a terrorist

activity;

‘‘(bb) to any individual who the actor

knows, or reasonably should know, has committed or plans to commit a terrorist activity;

‘‘(cc) to a terrorist 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 have known, that the act would

further the organization’s terrorist activity.

This clause shall not apply to any material support

the alien afforded to an organization or individual

that has committed terrorist activity, if the Secretary of State, after consultation with the

Attorney General, or the Attorney General, after

consultation with the Secretary of State, concludes

in his sole unreviewable discretion, that this clause

should not apply.’’; and

(G) by adding at the end the following new clause:

‘‘(vi) TERRORIST ORGANIZATION DEFINED.—As used

in clause (i)(VI) and clause (iv), the term ‘terrorist

organization’ means an organization—

115 STAT. 348 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(I) designated under section 219;

‘‘(II) otherwise designated, upon publication

in the Federal Register, by the Secretary of State

in consultation with or upon the request of the

Attorney General, as a terrorist organization, after

finding that the organization engages in the activities described in subclause (I), (II), or (III) of clause

(iv), or that the organization provides material

support to further terrorist activity; or

‘‘(III) that is a group of two or more individuals, whether organized or not, which engages in

the activities described in subclause (I), (II), or

(III) of clause (iv).’’; and

(2) by adding at the end the following new subparagraph:

‘‘(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS.— Any alien who the Secretary of State, after consultation

with the Attorney General, or the Attorney General, after

consultation with the Secretary of State, determines has

been associated with a terrorist organization and intends

while in the United States to engage solely, principally,

or incidentally in activities that could endanger the welfare,

safety, or security of the United States is inadmissible.’’. (b) CONFORMING AMENDMENTS.—

(1) Section 237(a)(4)(B) of the Immigration and Nationality

Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ‘‘section

212(a)(3)(B)(iii)’’ and inserting ‘‘section 212(a)(3)(B)(iv)’’.

(2) Section 208(b)(2)(A)(v) of the Immigration 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 APPLICATION OF AMENDMENTS.—

(1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall take effect

on the date of the enactment of this Act and shall apply

to—

(A) actions taken by an alien before, on, or after such

date; and

(B) all aliens, without regard to the date of entry

or attempted entry into the United States—

(i) in removal proceedings on or after such date

(except for proceedings in which there has been a final

administrative decision before such date); or

(ii) seeking admission to the United States on or

after such date.

(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION

PROCEEDINGS.—Notwithstanding any other provision of law,

sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and

Nationality Act, as amended by this Act, shall apply to all

aliens in exclusion or deportation proceedings on or after the

date of the enactment of this Act (except for proceedings in

which there has been a final administrative decision before

such date) as if such proceedings were removal proceedings.

(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS AND

ORGANIZATIONS DESIGNATED UNDER SECTION

212(a)(3)(B)(vi)(II).—

(A) IN GENERAL.—Notwithstanding paragraphs (1) and

(2), no alien shall be considered inadmissible under section

212(a)(3) of the Immigration and Nationality Act (8 U.S.C.

8 USC 1182 note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 349

1182(a)(3)), or deportable under 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 a terrorist 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

time when the group was not a terrorist organization designated by the Secretary of State under section 219 of

such Act (8 U.S.C. 1189) or otherwise designated under

section 212(a)(3)(B)(vi)(II) of such Act (as so amended).

(B) STATUTORY CONSTRUCTION.—Subparagraph (A)

shall not be construed to prevent an alien from being

considered inadmissible or deportable for having engaged

in a terrorist activity—

(i) 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 terrorist organization at

any time when such organization was designated by

the Secretary of State under section 219 of such Act

or otherwise designated under section

212(a)(3)(B)(vi)(II) of such Act (as so amended); or

(ii) described in subclause (IV)(cc), (V)(cc), or

(VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so

amended) with respect to a terrorist organization

described in section 212(a)(3)(B)(vi)(III) of such Act

(as so amended).

(4) EXCEPTION.—The Secretary of State, in consultation

with the Attorney General, may determine that the amendments made by this section shall not apply with respect to

actions by an alien taken outside the United States before

the date of the enactment of this Act upon the recommendation

of a consular officer who has concluded that there is not reasonable ground to believe that the alien knew or reasonably should

have known that the actions would further a terrorist activity.

(c) DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.—Section 219(a) of the Immigration and Nationality Act (8 U.S.C.

1189(a)) is amended—

(1) in paragraph (1)(B), by inserting ‘‘or terrorism (as

defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)),

or retains the capability and intent to engage in terrorist

activity or terrorism’’ after ‘‘212(a)(3)(B)’’;

(2) in paragraph (1)(C), by inserting ‘‘or terrorism’’ after

‘‘terrorist activity’’;

(3) by amending paragraph (2)(A) to read as follows:

‘‘(A) NOTICE.—

‘‘(i) TO CONGRESSIONAL LEADERS.—Seven days

before making a designation under this subsection,

the Secretary shall, by classified communication, notify

the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority

Leader, and Minority Leader of the Senate, and the

members of the relevant committees of the House of

Representatives and the Senate, in writing, of the

Classified

information.

115 STAT. 350 PUBLIC LAW 107–56—OCT. 26, 2001

intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the

factual basis therefor.

‘‘(ii) PUBLICATION IN FEDERAL REGISTER.—The Secretary shall publish the designation in the Federal

Register seven days after providing the notification

under clause (i).’’;

(4) in paragraph (2)(B)(i), by striking ‘‘subparagraph (A)’’

and inserting ‘‘subparagraph (A)(ii)’’;

(5) in paragraph (2)(C), by striking ‘‘paragraph (2)’’ and

inserting ‘‘paragraph (2)(A)(i)’’;

(6) in paragraph (3)(B), by striking ‘‘subsection (c)’’ and

inserting ‘‘subsection (b)’’;

(7) in paragraph (4)(B), by inserting after the first sentence

the following: ‘‘The Secretary also may redesignate such

organization at the end of any 2-year redesignation period

(but not sooner than 60 days prior to the termination of such

period) for an additional 2-year period upon a finding that

the relevant circumstances described in paragraph (1) still exist.

Any redesignation shall be effective immediately following the

end of the prior 2-year designation or redesignation period

unless a different effective date is provided in such redesignation.’’;

(8) in paragraph (6)(A)—

(A) by inserting ‘‘or a redesignation made under paragraph (4)(B)’’ after ‘‘paragraph (1)’’;

(B) in clause (i)—

(i) by inserting ‘‘or redesignation’’ after ‘‘designation’’ the first place it appears; and

(ii) by striking ‘‘of the designation’’; and

(C) in clause (ii), by striking ‘‘of the designation’’;

(9) in paragraph (6)(B)—

(A) by striking ‘‘through (4)’’ and inserting ‘‘and (3)’’;

and

(B) by inserting at the end the following new sentence:

‘‘Any revocation shall take effect on the date specified in

the revocation or upon publication in the Federal Register

if no effective 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 a redesignation under this subsection

has become effective under paragraph (4)(B)’’;

(B) by inserting ‘‘or an alien in a removal proceeding’’

after ‘‘criminal action’’; and

(C) by inserting ‘‘or redesignation’’ before ‘‘as a

defense’’.

SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS;

HABEAS CORPUS; JUDICIAL REVIEW.

(a) IN GENERAL.—The Immigration and Nationality Act (8

U.S.C. 1101 et seq.) is amended by inserting after section 236

the following:

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 351

‘‘MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS

CORPUS; JUDICIAL REVIEW

‘‘SEC. 236A. (a) DETENTION OF TERRORIST ALIENS.—

‘‘(1) CUSTODY.—The Attorney General shall take into custody any alien who is certified under paragraph (3).

‘‘(2) RELEASE.—Except as provided in paragraphs (5) and

(6), the Attorney General shall maintain custody of such an

alien until the alien is removed from the United States. Except

as provided in paragraph (6), such custody shall be maintained

irrespective of any relief from removal for which the alien

may be eligible, or any relief from removal granted the alien,

until the Attorney General determines that the alien is no

longer an alien who may be certified under paragraph (3).

If the alien is finally determined not to be removable, detention

pursuant to this subsection shall terminate.

‘‘(3) CERTIFICATION.—The Attorney General may certify an

alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien—

‘‘(A) is described in section 212(a)(3)(A)(i),

212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i),

237(a)(4)(A)(iii), or 237(a)(4)(B); or

‘‘(B) is engaged in any other activity that endangers

the national security of the United States.

‘‘(4) NONDELEGATION.—The Attorney General may delegate

the authority provided under paragraph (3) only to the Deputy

Attorney General. The Deputy Attorney General may not delegate such authority.

‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The Attorney General shall place an alien detained under paragraph (1) in

removal proceedings, or shall charge the alien with a criminal

offense, not later than 7 days after the commencement of such

detention. If the requirement of the preceding sentence is not

satisfied, the Attorney General shall release the alien.

‘‘(6) LIMITATION ON INDEFINITE DETENTION.—An alien

detained solely under paragraph (1) who has not been removed

under section 241(a)(1)(A), and whose removal is unlikely in

the reasonably foreseeable future, may be detained for additional periods of up to six months only if the release of the

alien will threaten the national security of the United States

or the safety of the community or any person.

‘‘(7) REVIEW OF CERTIFICATION.—The Attorney General

shall review the certification made under paragraph (3) every

6 months. If the Attorney General determines, in the Attorney

General’s discretion, that the certification should be revoked,

the alien may be released on such conditions as the Attorney

General deems appropriate, unless such release is otherwise

prohibited by law. The alien may request each 6 months in

writing that the Attorney General reconsider the certification

and may submit documents or other evidence in support of

that request.

‘‘(b) HABEAS CORPUS AND JUDICIAL REVIEW.—

‘‘(1) IN GENERAL.—Judicial review of any action or decision

relating to this section (including judicial review of the merits

of a determination made under subsection (a)(3) or (a)(6)) is

available exclusively in habeas corpus proceedings consistent

Deadline.

8 USC 1226a.

115 STAT. 352 PUBLIC LAW 107–56—OCT. 26, 2001

with this subsection. Except as provided in the preceding sentence, no court shall have jurisdiction to review, by habeas

corpus petition or otherwise, any such action or decision.

‘‘(2) APPLICATION.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, including section 2241(a) of title 28, United

States Code, habeas corpus proceedings described in paragraph (1) may be initiated only by an application filed

with—

‘‘(i) the Supreme Court;

‘‘(ii) any justice of the Supreme Court;

‘‘(iii) any circuit judge of the United States Court

of Appeals for the District of Columbia Circuit; or

‘‘(iv) any district court otherwise having jurisdiction to entertain it.

‘‘(B) APPLICATION TRANSFER.—Section 2241(b) of title

28, United States Code, shall apply to an application for

a writ of habeas corpus described in subparagraph (A).

‘‘(3) APPEALS.—Notwithstanding any other provision of law,

including section 2253 of title 28, in habeas corpus proceedings

described in paragraph (1) before a circuit or district judge,

the final order shall be subject to review, on appeal, by the

United States Court of Appeals for the District of Columbia

Circuit. There shall be no right of appeal in such proceedings

to any other circuit court of appeals.

‘‘(4) RULE OF DECISION.—The law applied by the Supreme

Court and the United States Court of Appeals for the District

of Columbia Circuit shall be regarded as the rule of decision

in habeas corpus proceedings described in paragraph (1).

‘‘(c) STATUTORY CONSTRUCTION.—The provisions of this section

shall not be applicable to any other provision of this Act.’’.

(b) CLERICAL AMENDMENT.—The table of contents of the

Immigration and Nationality Act is amended by inserting after

the item relating to section 236 the following:

‘‘Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial review.’’.

(c) REPORTS.—Not later than 6 months after the date of the

enactment of this Act, and every 6 months thereafter, the Attorney

General shall submit a report to the Committee on the Judiciary

of the House of Representatives and the Committee on the Judiciary

of the Senate, with respect to the reporting period, on—

(1) the number of aliens certified under section 236A(a)(3)

of the Immigration and Nationality Act, as added by subsection

(a);

(2) the grounds for such certifications;

(3) the nationalities of the aliens so certified;

(4) the length of the detention for each alien so certified;

and

(5) the number of aliens so certified who—

(A) were granted any form of relief from removal;

(B) were removed;

(C) the Attorney General has determined are no longer

aliens who may be so certified; or

(D) were released from detention.

Deadline.

8 USC 1226a

note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 353

SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.

Section 222(f) of the Immigration and Nationality Act (8 U.S.C.

1202(f)) is amended—

(1) by striking ‘‘except that in the discretion of’’ and

inserting the following: ‘‘except that—

‘‘(1) in the discretion of’’; and

(2) by adding at the end the following:

‘‘(2) the Secretary of State, in the Secretary’s discretion

and on the basis of reciprocity, may provide to a foreign government information in the Department of State’s computerized

visa lookout database and, when necessary and appropriate,

other records covered by this section related to information

in the database—

‘‘(A) with regard to individual aliens, at any time on

a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime

in the United States, including, but not limited to, terrorism or trafficking in controlled substances, persons, or

illicit weapons; or

‘‘(B) with regard to any or all aliens in the database,

pursuant to such conditions as the Secretary of State shall

establish in an agreement with the foreign government

in which that government agrees to use such information

and records for the purposes described in subparagraph

(A) or to deny visas to persons who would be inadmissible

to the United States.’’.

SEC. 414. VISA INTEGRITY AND SECURITY.

(a) SENSE OF CONGRESS REGARDING THE NEED TO EXPEDITE

IMPLEMENTATION OF INTEGRATED ENTRY AND EXIT DATA SYSTEM.—

(1) SENSE OF CONGRESS.—In light of the terrorist attacks

perpetrated against the United States on September 11, 2001,

it is the sense of the Congress that—

(A) the Attorney General, in consultation with the

Secretary of State, should fully implement the integrated

entry and exit data system for airports, seaports, and land

border ports of entry, as specified in section 110 of the

Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 (8 U.S.C. 1365a), with all deliberate speed

and as expeditiously as practicable; and

(B) the Attorney General, in consultation with the

Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, and the Office of Homeland Security, should immediately begin establishing the Integrated

Entry and Exit Data System Task Force, as described

in section 3 of the Immigration and Naturalization Service

Data Management Improvement Act of 2000 (Public Law

106–215).

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated such sums as may be necessary to

fully implement the system described in paragraph (1)(A).

(b) DEVELOPMENT OF THE SYSTEM.—In the development of the

integrated entry and exit data system under section 110 of the

Illegal Immigration Reform and Immigrant Responsibility Act of

1996 (8 U.S.C. 1365a), the Attorney General and the Secretary

of State shall particularly focus on—

(1) the utilization of biometric technology; and

8 USC 1365a

note.

115 STAT. 354 PUBLIC LAW 107–56—OCT. 26, 2001

(2) the development of tamper-resistant documents readable at ports of entry.

(c) INTERFACE WITH LAW ENFORCEMENT DATABASES.—The

entry and exit data system described in this section shall be able

to interface with law enforcement databases for use by Federal

law enforcement to identify and detain individuals who pose a

threat to the national security of the United States.

(d) REPORT ON SCREENING INFORMATION.—Not later than 12

months after the date of enactment of this Act, the Office of Homeland Security shall submit a report to Congress on the information

that is needed from any United States agency to effectively screen

visa applicants and applicants for admission to the United States

to identify those affiliated with terrorist organizations or those

that pose any threat to the safety or security of the United States,

including the type of information currently received by United

States agencies and the regularity with which such information

is transmitted to the Secretary of State and the Attorney General.

SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON

ENTRY-EXIT TASK FORCE.

Section 3 of the Immigration and Naturalization Service Data

Management Improvement Act of 2000 (Public Law 106–215) is

amended by striking ‘‘and the Secretary of the Treasury,’’ and

inserting ‘‘the Secretary of the Treasury, and the Office of Homeland

Security’’.

SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.

(a) FULL IMPLEMENTATION AND EXPANSION OF FOREIGN STU- DENT VISA MONITORING PROGRAM REQUIRED.—The Attorney General, in consultation with the Secretary of State, shall fully implement and expand the program established by section 641(a) of

the Illegal Immigration Reform and Immigrant Responsibility Act

of 1996 (8 U.S.C. 1372(a)).

(b) INTEGRATION WITH PORT OF ENTRY INFORMATION.—For each

alien with respect to whom information is collected under section

641 of the Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 (8 U.S.C. 1372), the Attorney General, in consultation

with the Secretary of State, shall include information on the date

of entry and port of entry.

(c) EXPANSION OF SYSTEM TO INCLUDE OTHER APPROVED EDU- CATIONAL INSTITUTIONS.—Section 641 of the Illegal Immigration

Reform and Immigrant Responsibility 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 above subparagraph (A)), by inserting ‘‘, other approved educational institutions,’’ after ‘‘higher education’’ each place it appears;

(2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by

inserting ‘‘, or other approved educational institution,’’ after

‘‘higher education’’ each place it appears;

(3) in subsections (d)(2), (e)(1), and (e)(2), by inserting

‘‘, other approved educational institution,’’ after ‘‘higher education’’ each place it appears; and

(4) in subsection (h), by adding at the end the following

new paragraph:

‘‘(3) OTHER APPROVED EDUCATIONAL INSTITUTION.—The

term ‘other approved educational institution’ includes any air

flight school, language training school, or vocational school,

8 USC 1372 note.

8 USC 1372 note.

8 USC 1365a

note.

Deadline.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 355

approved by the Attorney General, in consultation with the

Secretary of Education and the Secretary of State, under

subparagraph (F), (J), or (M) of section 101(a)(15) of the

Immigration and Nationality Act.’’.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Department of Justice $36,800,000 for

the period beginning on the date of enactment of this Act and

ending on January 1, 2003, to fully implement and expand prior

to January 1, 2003, the program established by section 641(a)

of the Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 (8 U.S.C. 1372(a)).

SEC. 417. MACHINE READABLE PASSPORTS.

(a) AUDITS.—The Secretary of State shall, each fiscal year until

September 30, 2007—

(1) perform annual audits of the implementation of section

217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.

1187(c)(2)(B));

(2) check for the implementation of precautionary measures

to prevent the counterfeiting and theft of passports; and

(3) ascertain that countries designated under the visa

waiver program have established a program to develop tamperresistant passports.

(b) PERIODIC REPORTS.—Beginning one year after the date of

enactment of this Act, and every year thereafter until 2007, the

Secretary of State shall submit a report to Congress setting forth

the findings of the most recent audit conducted under subsection

(a)(1).

(c) ADVANCING DEADLINE FOR SATISFACTION OF REQUIREMENT.—Section 217(a)(3) of the Immigration and Nationality Act

(8 U.S.C. 1187(a)(3)) is amended by striking ‘‘2007’’ and inserting

‘‘2003’’.

(d) WAIVER.—Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is amended—

(1) by striking ‘‘On or after’’ and inserting the following:

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), on or after’’; and

(2) by adding at the end the following:

‘‘(B) LIMITED WAIVER AUTHORITY.—For the period

beginning October 1, 2003, and ending September 30, 2007,

the Secretary of State may waive the requirement of

subparagraph (A) with respect to nationals of a program

country (as designated under subsection (c)), if the Secretary of State finds that the program country—

‘‘(i) is making progress toward ensuring that passports meeting the requirement of subparagraph (A)

are generally available to its nationals; and

‘‘(ii) has taken appropriate measures to protect

against misuse of passports the country has issued

that do not meet the requirement of subparagraph

(A).’’.

SEC. 418. PREVENTION OF CONSULATE SHOPPING.

(a) REVIEW.—The Secretary of State shall review how consular

officers issue visas to determine if consular shopping is a problem.

8 USC 1201 note.

Effective date.

Termination

date.

Federal Register,

publication.

Termination

date.

8 USC 1187 note.

Termination

date.

8 USC 1187 note.

Federal Register,

publication.

Termination

date.

115 STAT. 356 PUBLIC LAW 107–56—OCT. 26, 2001

(b) ACTIONS TO BE TAKEN.—If the Secretary of State determines

under subsection (a) that consular shopping is a problem, the Secretary shall take steps to address the problem and shall submit

a report to Congress describing what action was taken.

Subtitle C—Preservation of Immigration

Benefits for Victims of Terrorism

SEC. 421. SPECIAL IMMIGRANT STATUS.

(a) IN GENERAL.—For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Attorney General may provide

an alien described in subsection (b) with the status of a special

immigrant under section 101(a)(27) of such Act (8 U.S.C.

1101(a(27)), if the alien— (1) files with the Attorney General a petition under section

204 of such Act (8 U.S.C. 1154) for classification under section

203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and

(2) is otherwise eligible to receive an immigrant visa and

is otherwise admissible to the United States for permanent

residence, except in determining such admissibility, the grounds

for inadmissibility specified in section 212(a)(4) of such Act

(8 U.S.C. 1182(a)(4)) shall not apply.

(b) ALIENS DESCRIBED.—

(1) PRINCIPAL ALIENS.—An alien is described in this subsection if—

(A) the alien was the beneficiary of—

(i) a petition that was filed with the Attorney

General on or before September 11, 2001—

(I) under section 204 of the Immigration and

Nationality Act (8 U.S.C. 1154) to classify the alien

as a family-sponsored immigrant under section

203(a) of such Act (8 U.S.C. 1153(a)) or as an

employment-based immigrant under section 203(b)

of such Act (8 U.S.C. 1153(b)); or

(II) under section 214(d) (8 U.S.C. 1184(d))

of such Act to authorize the issuance of a nonimmigrant visa to the alien under section

101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K));

or

(ii) an application for labor certification under section 212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A))

that was filed under regulations of the Secretary of

Labor on or before such date; and

(B) such petition or application was revoked or terminated (or otherwise rendered null), either before or after

its approval, due to a specified terrorist activity that

directly resulted in—

(i) the death or disability of the petitioner,

applicant, or alien beneficiary; or

(ii) loss of employment due to physical damage

to, or destruction of, the business of the petitioner

or applicant.

(2) SPOUSES AND CHILDREN.— (A) IN GENERAL.—An alien is described in this subsection if—

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 357

(i) the alien was, on September 10, 2001, the

spouse or child of a principal alien described in paragraph (1); and

(ii) the alien—

(I) is accompanying such principal alien; or

(II) is following to join such principal alien

not later than September 11, 2003.

(B) CONSTRUCTION.—For purposes of construing the

terms ‘‘accompanying’’ and ‘‘following to join’’ in subparagraph (A)(ii), any death of a principal alien that is described

in paragraph (1)(B)(i) shall be disregarded.

(3) GRANDPARENTS OF ORPHANS.—An alien is described in

this subsection if the alien is a grandparent of a child, both

of whose parents died as a direct result of a specified terrorist

activity, if either of such deceased parents was, on September

10, 2001, a citizen or national of the United States or an

alien lawfully admitted for permanent residence in the United

States.

(c) PRIORITY DATE.—Immigrant visas made available under

this section shall be issued to aliens in the order in which a

petition on behalf of each such alien is filed with the Attorney

General under subsection (a)(1), except that if an alien was assigned

a priority date with respect to a petition described in subsection

(b)(1)(A)(i), the alien may maintain that priority date.

(d) NUMERICAL LIMITATIONS.—For purposes of the application

of sections 201 through 203 of the Immigration and Nationality

Act (8 U.S.C. 1151–1153) in any fiscal year, aliens eligible to be

provided status under this section shall be treated as special

immigrants described in section 101(a)(27) of such Act (8 U.S.C.

1101(a)(27)) who are not described in subparagraph (A), (B), (C),

or (K) of such section.

SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.

(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STATUS.—

(1) IN GENERAL.—Notwithstanding section 214 of the

Immigration and Nationality Act (8 U.S.C. 1184), in the case

of an alien described in paragraph (2) who was lawfully present

in the United States as a nonimmigrant on September 10,

2001, the alien may remain lawfully in the United States

in the same nonimmigrant status until the later of—

(A) the date such lawful nonimmigrant status otherwise would have terminated if this subsection had not

been enacted; or

(B) 1 year after the death or onset of disability

described in paragraph (2).

(2) ALIENS DESCRIBED.—

(A) PRINCIPAL ALIENS.—An alien is described in this

paragraph if the alien was disabled as a direct result

of a specified terrorist activity.

(B) SPOUSES AND CHILDREN.—An alien is described

in this paragraph if the alien was, on September 10, 2001,

the spouse or child of—

(i) a principal alien described in subparagraph (A);

or

(ii) an alien who died as a direct result of a specified terrorist activity.

115 STAT. 358 PUBLIC LAW 107–56—OCT. 26, 2001

(3) AUTHORIZED EMPLOYMENT.—During the period in which

a principal alien or alien spouse is in lawful nonimmigrant

status under paragraph (1), the alien shall be provided an

‘‘employment authorized’’ endorsement or other appropriate

document signifying authorization of employment not later than

30 days after the alien requests such authorization.

(b) NEW DEADLINES FOR EXTENSION OR CHANGE OF NON- IMMIGRANT STATUS.— (1) FILING DELAYS.—In the case of an alien who was lawfully present in the United States as a nonimmigrant on September 10, 2001, if the alien was prevented from filing a timely

application for an extension or change of nonimmigrant status

as a direct result of a specified terrorist activity, the alien’s

application shall be considered timely filed if it is filed not

later than 60 days after it otherwise would have been due.

(2) DEPARTURE DELAYS.—In the case of an alien who was

lawfully present in the United States as a nonimmigrant on

September 10, 2001, if the alien is unable timely to depart

the United States as a direct result of a specified terrorist

activity, the alien shall not be considered to have been unlawfully present in the United States during the period beginning

on September 11, 2001, and ending on the date of the alien’s

departure, if such departure occurs on or before November

11, 2001.

(3) SPECIAL RULE FOR ALIENS UNABLE TO RETURN FROM

ABROAD.—

(A) PRINCIPAL ALIENS.—In the case of an alien who

was in a lawful nonimmigrant status on September 10,

2001, but who was not present in the United States on

such date, if the alien was prevented from returning to

the United States in order to file a timely application

for an extension of nonimmigrant status as a direct result

of a specified terrorist activity—

(i) the alien’s application shall be considered timely

filed if it is filed not later than 60 days after it otherwise would have been due; and

(ii) the alien’s lawful nonimmigrant status shall

be considered to continue until the later of—

(I) the date such status otherwise would have

terminated if this subparagraph had not been

enacted; or

(II) the date that is 60 days after the date

on which the application described in clause (i)

otherwise would have been due.

(B) SPOUSES AND CHILDREN.—In the case of an alien

who is the spouse or child of a principal alien described

in subparagraph (A), if the spouse or child was in a lawful

nonimmigrant status on September 10, 2001, the spouse

or child may remain lawfully in the United States in the

same nonimmigrant status until the later of—

(i) the date such lawful nonimmigrant status otherwise would have terminated if this subparagraph had

not been enacted; or

(ii) the date that is 60 days after the date on

which the application described in subparagraph (A)

otherwise would have been due.

(4) CIRCUMSTANCES PREVENTING TIMELY ACTION.—

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 359

(A) FILING DELAYS.—For purposes of paragraph (1),

circumstances preventing an alien from timely acting are— (i) office closures;

(ii) mail or courier service cessations or delays;

and

(iii) other closures, cessations, or delays affecting

case processing or travel necessary to satisfy legal

requirements.

(B) DEPARTURE AND RETURN DELAYS.—For purposes

of paragraphs (2) and (3), circumstances preventing an

alien from timely acting are— (i) office closures;

(ii) airline flight cessations or delays; and

(iii) other closures, cessations, or delays affecting

case processing or travel necessary to satisfy legal

requirements.

(c) DIVERSITY IMMIGRANTS.—

(1) WAIVER OF FISCAL YEAR LIMITATION.—Notwithstanding

section 203(e)(2) of the Immigration and Nationality Act (8

U.S.C. 1153(e)(2)), an immigrant visa number issued to an

alien under section 203(c) of such Act for fiscal year 2001

may be used by the alien during the period beginning on

October 1, 2001, and ending on April 1, 2002, if the alien

establishes that the alien was prevented from using it during

fiscal year 2001 as a direct result of a specified terrorist activity.

(2) WORLDWIDE LEVEL.—In the case of an alien entering

the United States as a lawful permanent resident, or adjusting

to that status, under paragraph (1) or (3), the alien shall

be counted as a diversity immigrant for fiscal year 2001 for

purposes of section 201(e) of the Immigration and Nationality

Act (8 U.S.C. 1151(e)), unless the worldwide level under such

section for such year has been exceeded, in which case the

alien shall be counted as a diversity immigrant for fiscal year

2002.

(3) TREATMENT OF FAMILY MEMBERS OF CERTAIN ALIENS.— In the case of a principal alien issued an immigrant visa

number under section 203(c) of the Immigration and Nationality

Act (8 U.S.C. 1153(c)) for fiscal year 2001, if such principal

alien died as a direct result of a specified terrorist activity,

the aliens who were, on September 10, 2001, the spouse and

children of such principal alien shall, until June 30, 2002,

if not otherwise entitled to an immigrant status and the immediate 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 been provided

to such alien spouse or child under section 203(d) of such

Act as if the principal alien were not deceased and as if the

spouse or child’s visa application had been adjudicated by September 30, 2001.

(4) CIRCUMSTANCES PREVENTING TIMELY ACTION.—For purposes of paragraph (1), circumstances preventing an alien from

using an immigrant visa number during fiscal year 2001 are—

(A) office closures;

(B) mail or courier service cessations or delays;

(C) airline flight cessations or delays; and

(D) other closures, cessations, or delays affecting case

processing or travel necessary to satisfy legal requirements.

115 STAT. 360 PUBLIC LAW 107–56—OCT. 26, 2001

(d) EXTENSION OF EXPIRATION OF IMMIGRANT VISAS.— (1) IN GENERAL.—Notwithstanding the limitations under

section 221(c) of the Immigration and Nationality Act (8 U.S.C.

1201(c)), in the case of any immigrant visa issued to an alien

that expires or expired before December 31, 2001, if the alien

was unable to effect entry into the United States as a direct

result of a specified terrorist activity, then the period of validity

of the visa is extended until December 31, 2001, unless a

longer period of validity is otherwise provided under this subtitle.

(2) CIRCUMSTANCES PREVENTING ENTRY.—For purposes of

this subsection, circumstances preventing an alien from

effecting entry into the United States are— (A) office closures;

(B) airline flight cessations or delays; and

(C) other closures, cessations, or delays affecting case

processing or travel necessary to satisfy legal requirements.

(e) GRANTS OF PAROLE EXTENDED.—

(1) IN GENERAL.—In the case of any parole granted by

the Attorney General under section 212(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 the alien beneficiary

of the parole was unable to return to the United States prior

to the expiration date as a direct result of a specified terrorist

activity, the parole is deemed extended for an additional 90

days.

(2) CIRCUMSTANCES PREVENTING RETURN.—For purposes of

this subsection, circumstances preventing an alien from timely

returning to the United States are—

(A) office closures;

(B) airline flight cessations or delays; and

(C) other closures, cessations, or delays affecting case

processing or travel necessary to satisfy legal requirements.

(f) VOLUNTARY DEPARTURE.—Notwithstanding section 240B of

the Immigration and Nationality Act (8 U.S.C. 1229c), if a period

for voluntary departure under such section expired during the

period beginning on September 11, 2001, and ending on October

11, 2001, such voluntary departure 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 the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8

U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the

spouse of a citizen of the United States at the time of the

citizen’s death and was not legally separated from the citizen

at the time of the citizen’s death, if the citizen died as a

direct result of a specified terrorist activity, the alien (and

each child of the alien) shall be considered, for purposes of

section 201(b) of such Act, to remain an immediate relative

after the date of the citizen’s death, but only if the alien

files a petition under section 204(a)(1)(A)(ii) of such Act within

2 years after such date and only until the date the alien

remarries. For purposes of such section 204(a)(1)(A)(ii), an alien

granted relief under the preceding sentence shall be considered

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 361

an alien spouse described in the second sentence of section

201(b)(2)(A)(i) of such Act.

(2) CHILDREN.—

(A) IN GENERAL.—In the case of an alien who was

the child of a citizen of the United States at the time

of the citizen’s death, if the citizen died as a direct result

of a specified terrorist activity, the alien shall be considered, for purposes of section 201(b) of the Immigration

and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen’s death (regardless of changes in age or marital status thereafter), but

only if the alien files a petition under subparagraph (B)

within 2 years after such date.

(B) PETITIONS.—An alien described in subparagraph

(A) may file a petition with the Attorney General for classification of the alien under section 201(b)(2)(A)(i) of the

Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).

For purposes of such Act, such a petition shall be considered

a petition filed under section 204(a)(1)(A) of such Act (8

U.S.C. 1154(a)(1)(A)).

(b) SPOUSES, CHILDREN, UNMARRIED SONS AND DAUGHTERS OF

LAWFUL PERMANENT RESIDENT ALIENS.—

(1) IN GENERAL.—Any spouse, child, or unmarried son or

daughter of an alien described in paragraph (3) who is included

in a petition for classification as a family-sponsored immigrant

under section 203(a)(2) of the Immigration and Nationality

Act (8 U.S.C. 1153(a)(2)) that was filed by such alien before

September 11, 2001, shall be considered (if the spouse, child,

son, or daughter has not been admitted or approved for lawful

permanent residence by such date) a valid petitioner for preference status under such section with the same priority date

as that assigned prior to the death described in paragraph

(3)(A). No new petition shall be required to be filed. Such

spouse, child, son, or daughter may be eligible for deferred

action and work authorization.

(2) SELF-PETITIONS.—Any spouse, child, or unmarried son

or daughter of an alien described in paragraph (3) who is

not a beneficiary of a petition for classification as a familysponsored immigrant under section 203(a)(2) of the Immigration

and Nationality Act may file a petition for such classification

with the Attorney General, if the spouse, child, son, or daughter

was present in the United States on September 11, 2001. Such

spouse, child, son, or daughter may be eligible for deferred

action and work authorization.

(3) ALIENS DESCRIBED.—An alien is described in this paragraph if the alien—

(A) died as a direct result of a specified terrorist

activity; and

(B) on the day of such death, was lawfully admitted

for permanent residence in the United States.

(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY SURVIVING

SPOUSES AND CHILDREN OF EMPLOYMENT-BASED IMMIGRANTS.—

(1) IN GENERAL.—Any alien who was, on September 10,

2001, the spouse or child of an alien described in paragraph

(2), and who applied for adjustment of status prior to the

death described in paragraph (2)(A), may have such application

adjudicated as if such death had not occurred.

115 STAT. 362 PUBLIC LAW 107–56—OCT. 26, 2001

(2) ALIENS DESCRIBED.—An alien is described in this paragraph if the alien— (A) died as a direct result of a specified terrorist

activity; and

(B) on the day before such death, was— (i) an alien lawfully admitted for permanent residence in the United States by reason of having been

allotted a visa under section 203(b) of the Immigration

and Nationality Act (8 U.S.C. 1153(b)); or

(ii) an applicant for adjustment of status to that

of an alien described in clause (i), and admissible to

the United States for permanent residence.

(d) WAIVER OF PUBLIC CHARGE GROUNDS.—In determining the

admissibility of any alien accorded an immigration benefit under

this section, the grounds for inadmissibility specified in section

212(a)(4) of the 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 the Immigration and

Nationality Act (8 U.S.C. 1101 et seq.), in the case of an alien—

(1) whose 21st birthday occurs in September 2001, and

who is the beneficiary of a petition or application filed under

such Act on or before September 11, 2001, the alien shall

be considered to be a child for 90 days after the alien’s 21st

birthday for purposes of adjudicating such petition or application; and

(2) whose 21st birthday occurs after September 2001, and

who is the beneficiary of a petition or application filed under

such Act on or before September 11, 2001, the alien shall

be considered to be a child for 45 days after the alien’s 21st

birthday for purposes of adjudicating such petition or application.

SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.

The Attorney General, for humanitarian purposes or to ensure

family unity, may provide temporary administrative relief to any

alien who—

(1) was lawfully present in the United States on September

10, 2001;

(2) was on such date the spouse, parent, or child of an

individual who died or was disabled as a direct result of a

specified terrorist activity; and

(3) is not otherwise entitled to relief under any other provision of this subtitle.

SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.

(a) IN GENERAL.—The Attorney General shall establish appropriate standards for evidence demonstrating, for purposes of this

subtitle, that any of the following occurred as a direct result of

a specified terrorist activity:

(1) Death.

(2) Disability.

(3) Loss of employment due to physical damage to, or

destruction of, a business.

(b) WAIVER OF REGULATIONS.—The Attorney General shall carry

out subsection (a) as expeditiously as possible. The Attorney General

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 363

is not 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 this subtitle, nothing

in this subtitle shall be construed to provide any benefit or relief

to— (1) any individual culpable for a specified terrorist activity;

or

(2) any family member of any individual described in paragraph (1).

SEC. 428. DEFINITIONS.

(a) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVI- SIONS.—Except as otherwise specifically provided in this subtitle,

the definitions used in the Immigration and Nationality Act

(excluding the definitions applicable exclusively to title III of such

Act) shall apply in the administration of this subtitle.

(b) SPECIFIED TERRORIST ACTIVITY.—For purposes of this subtitle, the term ‘‘specified terrorist activity’’ means any terrorist

activity conducted against the Government or the people of the

United States on September 11, 2001.

TITLE V—REMOVING OBSTACLES TO

INVESTIGATING TERRORISM

SEC. 501. ATTORNEY GENERAL’S AUTHORITY TO PAY REWARDS TO

COMBAT TERRORISM.

(a) PAYMENT OF REWARDS TO COMBAT TERRORISM.—Funds

available to the Attorney General may be used for the payment

of rewards pursuant to public advertisements for assistance to

the Department of Justice to combat terrorism and defend the

Nation against terrorist acts, in accordance with procedures and

regulations established or issued by the Attorney General.

(b) CONDITIONS.—In making rewards under this section—

(1) no such reward of $250,000 or more may be made

or offered without the personal approval of either the Attorney

General or the President;

(2) the Attorney General shall give written notice to the

Chairmen and ranking minority members of the Committees

on Appropriations and the Judiciary of the Senate and of the

House of Representatives not later than 30 days after the

approval of a reward under paragraph (1);

(3) any executive agency or military department (as defined,

respectively, in sections 105 and 102 of title 5, United States

Code) may provide the Attorney General with funds for the

payment of rewards;

(4) neither the failure of the Attorney General to authorize

a payment nor the amount authorized shall be subject to

judicial review; and

(5) no such reward shall be subject to any per- or aggregate

reward spending limitation established by law, unless that

law expressly refers to this section, and no reward paid pursuant to any such offer shall count toward any such aggregate

reward spending limitation.

Notice.

Deadline.

18 USC 3071

note.

115 STAT. 364 PUBLIC LAW 107–56—OCT. 26, 2001

SEC. 502. SECRETARY OF STATE’S AUTHORITY TO PAY REWARDS.

Section 36 of the State Department Basic Authorities Act of

1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended—

(1) in subsection (b)—

(A) in paragraph (4), by striking ‘‘or’’ at the end;

(B) in paragraph (5), by striking the period at the

end and inserting ‘‘, including by dismantling an organization in whole or significant part; or’’; and

(C) by adding at the end the following:

‘‘(6) the identification or location of an individual who holds

a key leadership position in a terrorist organization.’’;

(2) in subsection (d), by striking paragraphs (2) and (3)

and redesignating paragraph (4) as paragraph (2); and

(3) in subsection (e)(1), by inserting ‘‘, except as personally

authorized by the Secretary of State if he determines that

offer or payment of an award of a larger amount is necessary

to combat terrorism or defend the Nation against terrorist

acts.’’ after ‘‘$5,000,000’’.

SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT

OFFENDERS.

Section 3(d)(2) of the DNA Analysis Backlog Elimination Act

of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as follows:

‘‘(2) In addition to the offenses described in paragraph

(1), the following offenses shall be treated for purposes of this

section as qualifying Federal offenses, as determined by the

Attorney General:

‘‘(A) Any offense listed in section 2332b(g)(5)(B) of title

18, United States Code.

‘‘(B) Any crime of violence (as defined in section 16

of title 18, United States Code).

‘‘(C) Any attempt or conspiracy to commit any of the

above offenses.’’.

SEC. 504. COORDINATION WITH LAW ENFORCEMENT.

(a) INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE.—Section 106 of the Foreign Intelligence Surveillance Act

of 1978 (50 U.S.C. 1806), is amended by adding at the end the

following:

‘‘(k)(1) Federal officers who conduct electronic surveillance to

acquire foreign intelligence information under this title may consult

with Federal law enforcement officers to coordinate efforts to investigate or protect against—

‘‘(A) actual or potential attack or other grave hostile acts

of a foreign power or an agent of a foreign power;

‘‘(B) sabotage or international terrorism by a foreign power

or an agent of a foreign power; or

‘‘(C) clandestine intelligence activities by an intelligence

service or network of a foreign power or by an agent of a

foreign power.

‘‘(2) Coordination authorized under paragraph (1) shall not

preclude the certification required by section 104(a)(7)(B) or the

entry of an order under section 105.’’.

(b) INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.—Section

305 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

1825) is amended by adding at the end the following:

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 365

‘‘(k)(1) Federal officers who conduct physical searches to acquire

foreign intelligence information under this title may consult with

Federal law enforcement officers to coordinate efforts to investigate

or protect against—

‘‘(A) actual or potential attack or other grave hostile acts

of a foreign power or an agent of a foreign power;

‘‘(B) sabotage or international terrorism by a foreign power

or an agent of a foreign power; or

‘‘(C) clandestine intelligence activities by an intelligence

service or network of a foreign power or by an agent of a

foreign power.

‘‘(2) Coordination authorized under paragraph (1) shall not

preclude the certification required by section 303(a)(7) or the entry

of an order under section 304.’’.

SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.

(a) TELEPHONE TOLL AND TRANSACTIONAL RECORDS.—Section

2709(b) of title 18, United States Code, is amended—

(1) in the matter preceding paragraph (1), by inserting

‘‘at Bureau headquarters or a Special Agent in Charge in a

Bureau field office designated by the Director’’ after ‘‘Assistant

Director’’;

(2) in paragraph (1)—

(A) by striking ‘‘in a position not lower than Deputy

Assistant Director’’; and

(B) by striking ‘‘made that’’ and all that follows and

inserting the following: ‘‘made that the name, address,

length of service, and toll billing records sought are relevant

to an authorized investigation to protect against international terrorism or clandestine intelligence activities,

provided that such an investigation of a United States

person is not conducted solely on the basis of activities

protected by the first amendment to the Constitution of

the United States; and’’; and

(3) in paragraph (2)—

(A) by striking ‘‘in a position not lower than Deputy

Assistant Director’’; and

(B) by striking ‘‘made that’’ and all that follows and

inserting the following: ‘‘made that the information sought

is relevant to an authorized investigation to protect against

international terrorism or clandestine intelligence activities, provided that such an investigation of a United States

person is not conducted solely upon the basis of activities

protected by the first amendment to the Constitution of

the United States.’’.

(b) FINANCIAL RECORDS.—Section 1114(a)(5)(A) of the Right

to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is

amended—

(1) by inserting ‘‘in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in

Charge in a Bureau field office designated by the Director’’

after ‘‘designee’’; and

(2) by striking ‘‘sought’’ and all that follows and inserting

‘‘sought for foreign counter intelligence purposes to protect

against international terrorism or clandestine intelligence

activities, provided that such an investigation of a United States

115 STAT. 366 PUBLIC LAW 107–56—OCT. 26, 2001

person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United

States.’’. (c) CONSUMER REPORTS.—Section 624 of the Fair Credit

Reporting Act (15 U.S.C. 1681u) is amended— (1) in subsection (a)— (A) by inserting ‘‘in a position not lower than Deputy

Assistant Director at Bureau headquarters or a Special

Agent in Charge of a Bureau field office designated by

the Director’’ after ‘‘designee’’ the first place it appears;

and

(B) by striking ‘‘in writing that’’ and all that follows

through the end and inserting the following: ‘‘in writing,

that such information is sought for the conduct of an

authorized investigation to protect against international

terrorism or clandestine intelligence activities, provided

that such an investigation of a United States person is

not conducted solely upon the basis of activities protected

by the first amendment to the Constitution of the United

States.’’;

(2) in subsection (b)— (A) by inserting ‘‘in a position not lower than Deputy

Assistant Director at Bureau headquarters or a Special

Agent in Charge of a Bureau field office designated by

the Director’’ after ‘‘designee’’ the first place it appears;

and

(B) by striking ‘‘in writing that’’ and all that follows

through the end and inserting the following: ‘‘in writing

that such information is sought for the conduct of an

authorized investigation to protect against international

terrorism or clandestine intelligence activities, provided

that such an investigation of a United States person is

not conducted solely upon the basis of activities protected

by the first amendment to the Constitution of the United

States.’’; and

(3) in subsection (c)—

(A) by inserting ‘‘in a position not lower than Deputy

Assistant Director at Bureau headquarters or a Special

Agent in Charge in a Bureau field office designated by

the Director’’ after ‘‘designee of the Director’’; and

(B) by striking ‘‘in camera that’’ and all that follows

through ‘‘States.’’ and inserting the following: ‘‘in camera

that the consumer report is sought for the conduct of an

authorized investigation to protect against international

terrorism or clandestine intelligence activities, provided

that such an investigation of a United States person is

not conducted solely upon the basis of activities protected

by the first amendment to the Constitution of the United

States.’’.

SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.

(a) CONCURRENT JURISDICTION UNDER 18 U.S.C. 1030.—Section

1030(d) of title 18, United States Code, is amended to read as

follows:

‘‘(d)(1) The United States Secret Service shall, in addition to

any other agency having such authority, have the authority to

investigate offenses under this section.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 367

‘‘(2) The Federal Bureau of Investigation shall have primary

authority to investigate offenses under subsection (a)(1) for any

cases involving espionage, foreign counterintelligence, information

protected against unauthorized disclosure for reasons of national

defense or foreign relations, or Restricted Data (as that term is

defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.

2014(y)), except for offenses affecting the duties of the United

States Secret Service pursuant to section 3056(a) of this title.

‘‘(3) Such authority shall be exercised in accordance with an

agreement which shall be entered into by the Secretary of the

Treasury and the Attorney General.’’.

(b) REAUTHORIZATION OF JURISDICTION UNDER 18 U.S.C. 1344.— Section 3056(b)(3) of title 18, United States Code, is amended

by striking ‘‘credit and debit card frauds, and false identification

documents or devices’’ and inserting ‘‘access device frauds, false

identification documents or devices, and any fraud or other criminal

or unlawful activity in or against any federally insured financial

institution’’.

SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.

Section 444 of the General Education Provisions Act (20 U.S.C.

1232g), is amended by adding after subsection (i) a new subsection

(j) to read as follows:

‘‘(j) INVESTIGATION AND PROSECUTION OF TERRORISM.—

‘‘(1) IN GENERAL.—Notwithstanding subsections (a) through

(i) or any provision of State law, the Attorney General (or

any Federal officer or employee, in a position not lower than

an Assistant Attorney General, designated by the Attorney

General) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General

(or his designee) to—

‘‘(A) collect education records in the possession of the

educational agency or institution that are relevant to an

authorized investigation or prosecution of an offense listed

in section 2332b(g)(5)(B) of title 18 United States Code,

or an act of domestic or international terrorism as defined

in section 2331 of that title; and

‘‘(B) for official purposes related to the investigation

or prosecution of an offense described in paragraph (1)(A),

retain, disseminate, and use (including as evidence at trial

or in other administrative or judicial proceedings) such

records, consistent with such guidelines as the Attorney

General, after consultation with the Secretary, shall issue

to protect confidentiality.

‘‘(2) APPLICATION AND APPROVAL.—

‘‘(A) IN GENERAL.—An application under paragraph (1)

shall certify that there are specific and articulable facts

giving reason to believe that the education records are

likely to contain information described in paragraph (1)(A).

‘‘(B) The court shall issue an order described in paragraph (1) if the court finds that the application for the

order includes the certification described in subparagraph

(A).

‘‘(3) PROTECTION OF EDUCATIONAL AGENCY OR INSTITU- TION.—An educational agency or institution that, in good faith,

produces education records in accordance with an order issued

Courts.

115 STAT. 368 PUBLIC LAW 107–56—OCT. 26, 2001

under this subsection shall not be liable to any person for

that production.

‘‘(4) RECORD-KEEPING.—Subsection (b)(4) does not apply to

education records subject to a court order under this subsection.’’.

SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.

Section 408 of the National Education Statistics Act of 1994

(20 U.S.C. 9007), is amended by adding after subsection (b) a

new subsection (c) to read as follows:

‘‘(c) INVESTIGATION AND PROSECUTION OF TERRORISM.—

‘‘(1) IN GENERAL.—Notwithstanding subsections (a) and (b),

the Attorney General (or any Federal officer or employee, in

a position not lower than an Assistant Attorney General, designated by the Attorney General) may submit a written application to a court of competent jurisdiction for an ex parte order

requiring the Secretary to permit the Attorney General (or

his designee) to—

‘‘(A) collect reports, records, and information (including

individually identifiable information) in the possession of

the center that are relevant to an authorized investigation

or prosecution of an offense listed in section 2332b(g)(5)(B)

of title 18, United States Code, or an act of domestic

or international terrorism as defined in section 2331 of

that title; and

‘‘(B) for official purposes related to the investigation

or prosecution of an offense described in paragraph (1)(A),

retain, disseminate, and use (including as evidence at trial

or in other administrative or judicial proceedings) such

information, consistent with such guidelines as the

Attorney General, after consultation with the Secretary,

shall issue to protect confidentiality.

‘‘(2) APPLICATION AND APPROVAL.—

‘‘(A) IN GENERAL.—An application under paragraph (1)

shall certify that there are specific and articulable facts

giving reason to believe that the information sought is

described in paragraph (1)(A).

‘‘(B) The court shall issue an order described in paragraph (1) if the court finds that the application for the

order includes the certification described in subparagraph

(A).

‘‘(3) PROTECTION.—An officer or employee of the

Department who, in good faith, produces information in

accordance with an order issued under this subsection does

not violate subsection (b)(2) and shall not be liable to

any person for that production.’’.

Courts.

Certification.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 369

TITLE VI—PROVIDING FOR VICTIMS OF

TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES

Subtitle A—Aid to Families of Public

Safety Officers

SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFICERS

INVOLVED IN THE PREVENTION, INVESTIGATION,

RESCUE, OR RECOVERY EFFORTS RELATED TO A TERRORIST ATTACK.

(a) IN GENERAL.—Notwithstanding the limitations of subsection

(b) of section 1201 or the provisions of subsections (c), (d), and

(e) of such section or section 1202 of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a),

upon certification (containing identification of all eligible payees

of benefits pursuant to section 1201 of such Act) by a public agency

that a public safety officer employed by such agency was killed

or suffered a catastrophic injury producing permanent and total

disability as a direct and proximate result of a personal injury

sustained in the line of duty as described in 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 payment to qualified beneficiaries, said payment to be made not later than 30 days after

receipt of such certification, benefits described under subpart 1

of part L of such Act (42 U.S.C. 3796 et seq.).

(b) DEFINITIONS.—For purposes of this section, the terms ‘‘catastrophic injury’’, ‘‘public agency’’, and ‘‘public safety officer’’ have

the same meanings given such terms in section 1204 of title I

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 to provide for the

expedited payment of certain benefits for a public safety officer

who was killed or suffered a catastrophic injury as a direct and

proximate result of a personal injury sustained in the line of duty

in connection with the terrorist attacks of September 11, 2001)

is amended by—

(1) inserting before ‘‘by a’’ the following: ‘‘(containing identification of all eligible payees of benefits pursuant to section

1201)’’;

(2) inserting ‘‘producing permanent and total disability’’

after ‘‘suffered a catastrophic injury’’; and

(3) striking ‘‘1201(a)’’ and inserting ‘‘1201’’.

SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT

INCREASE.

(a) PAYMENTS.—Section 1201(a) of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by

striking ‘‘$100,000’’ and inserting ‘‘$250,000’’.

Ante, p. 219.

42 USC 3796c–1.

115 STAT. 370 PUBLIC LAW 107–56—OCT. 26, 2001

(b) APPLICABILITY.—The amendment made by subsection (a)

shall apply to any death or disability occurring on or after January

1, 2001.

SEC. 614. OFFICE OF JUSTICE PROGRAMS.

Section 112 of title I of section 101(b) of division A of Public

Law 105–277 and section 108(a) of appendix A of Public Law

106–113 (113 Stat. 1501A–20) are amended— (1) after ‘‘that Office’’, each place it occurs, by inserting ‘‘(including, notwithstanding any contrary provision of law

(unless the same should expressly refer to this section), any

organization that administers any program established in title

1 of Public Law 90–351)’’; and

(2) by inserting ‘‘functions, including any’’ after ‘‘all’’.

Subtitle B—Amendments to the Victims of

Crime Act of 1984

SEC. 621. CRIME VICTIMS FUND.

(a) DEPOSIT OF GIFTS IN THE FUND.—Section 1402(b) of the

Victims of Crime Act 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 striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(5) any gifts, bequests, or donations to the Fund from

private entities or individuals.’’.

(b) FORMULA FOR FUND DISTRIBUTIONS.—Section 1402(c) of the

Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended

to read as follows:

‘‘(c) FUND DISTRIBUTION; RETENTION OF SUMS IN FUND; AVAILABILITY FOR EXPENDITURE WITHOUT FISCAL YEAR LIMITATION.—

‘‘(1) Subject to the availability of money in the Fund, in

each fiscal year, beginning with fiscal year 2003, the Director

shall distribute not less than 90 percent nor more than 110

percent of the amount distributed from the Fund in the previous

fiscal year, except the Director may distribute up to 120 percent

of the amount distributed in the previous fiscal year in any

fiscal year that the total amount available in the Fund is

more than 2 times the amount distributed in the previous

fiscal year.

‘‘(2) In each fiscal year, the Director shall distribute

amounts from the Fund in accordance with subsection (d).

All sums not distributed during a fiscal year shall remain

in reserve in the Fund to be distributed during a subsequent

fiscal year. Notwithstanding any other provision of law, all

sums deposited in the Fund that are not distributed shall

remain in reserve in the Fund for obligation in future fiscal

years, without fiscal year limitation.’’.

(c) ALLOCATION OF FUNDS FOR COSTS AND GRANTS.—Section

1402(d)(4) of the Victims 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), by striking ‘‘48.5’’ and inserting

‘‘47.5’’;

42 USC 3751

note.

42 USC 3796

note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 371

(3) in subparagraph (B), by striking ‘‘48.5’’ and inserting ‘‘47.5’’; and

(4) in subparagraph (C), by striking ‘‘3’’ and inserting ‘‘5’’. (d) ANTITERRORISM EMERGENCY RESERVE.—Section 1402(d)(5)

of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is

amended to read as follows: ‘‘(5)(A) In addition to the amounts distributed under paragraphs (2), (3), and (4), the Director may set aside up to

$50,000,000 from the amounts transferred to the Fund in

response to the airplane hijackings and terrorist acts that

occurred on September 11, 2001, as an antiterrorism emergency

reserve. The Director may replenish any amounts expended

from such reserve in subsequent fiscal years by setting aside

up to 5 percent of the amounts remaining in the Fund in

any fiscal year after distributing amounts under paragraphs

(2), (3) and (4). Such reserve shall not exceed $50,000,000. ‘‘(B) The antiterrorism emergency reserve referred to in

subparagraph (A) may be used for supplemental grants under

section 1404B and to provide compensation to victims of international terrorism under section 1404C. ‘‘(C) Amounts in the antiterrorism emergency 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 of Commerce, Justice, and

State, the Judiciary, and Related Agencies Appropriations Act,

2001 (and any similar limitation on Fund obligations in any

future Act, unless the same should expressly refer to this

section), any such amounts carried over shall not be subject

to any limitation on obligations from amounts deposited to

or available in the Fund.’’.

(e) VICTIMS OF SEPTEMBER 11, 2001.—Amounts transferred to

the Crime Victims Fund for use in responding to the airplane

hijackings and terrorist acts (including any related search, rescue,

relief, assistance, or other similar activities) that occurred on September 11, 2001, shall not be subject to any limitation on obligations

from amounts deposited to or available in the Fund,

notwithstanding—

(1) section 619 of the Departments of Commerce, Justice,

and State, the Judiciary, and Related Agencies Appropriations

Act, 2001, and any similar limitation on Fund obligations in

such Act for Fiscal Year 2002; and

(2) subsections (c) and (d) of section 1402 of the Victims

of Crime Act of 1984 (42 U.S.C. 10601).

SEC. 622. CRIME VICTIM COMPENSATION.

(a) ALLOCATION OF FUNDS FOR COMPENSATION AND 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 60 percent in subsequent fiscal years’’

after ‘‘40 percent’’.

(b) LOCATION OF COMPENSABLE CRIME.—Section 1403(b)(6)(B)

of the Victims of 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 VICTIM COMPENSATION TO MEANS- TESTED FEDERAL BENEFIT PROGRAMS.—Section 1403 of the Victims

42 USC 10601

note.

115 STAT. 372 PUBLIC LAW 107–56—OCT. 26, 2001

of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking

subsection (c) and inserting the following:

‘‘(c) EXCLUSION FROM INCOME, RESOURCES, AND ASSETS FOR

PURPOSES OF MEANS TESTS.—Notwithstanding any other law (other

than title IV of Public Law 107–42), for the purpose of any maximum allowed income, resource, or asset eligibility requirement

in any Federal, State, or local government program using Federal

funds that provides medical or other assistance (or payment or

reimbursement of the cost of such assistance), any amount of crime

victim compensation that the applicant receives through a crime

victim compensation program under this section shall not be

included in the income, resources, or assets of the applicant, nor

shall that amount reduce the amount of the assistance available

to the applicant from Federal, State, or local government programs

using Federal funds, unless the total amount of assistance that

the applicant receives from all such programs is sufficient to fully

compensate the 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 ‘‘the Commonwealth of Puerto Rico,’’.

(e) RELATIONSHIP OF ELIGIBLE CRIME VICTIM COMPENSATION

PROGRAMS TO THE SEPTEMBER 11TH VICTIM COMPENSATION FUND.—

(1) IN GENERAL.—Section 1403(e) of the Victims of Crime

Act of 1984 (42 U.S.C. 10602(e)) is amended by inserting

‘‘including the program established under title IV of Public

Law 107–42,’’ after ‘‘Federal program,’’.

(2) COMPENSATION.—With respect to any compensation payable under title IV of Public Law 107–42, the failure of a

crime victim compensation program, after the effective date

of final regulations issued pursuant to section 407 of Public

Law 107–42, to provide compensation otherwise required pursuant to section 1403 of the Victims of Crime Act of 1984 (42

U.S.C. 10602) shall not render that program ineligible for future

grants under the Victims of Crime Act of 1984.

SEC. 623. CRIME VICTIM ASSISTANCE.

(a) ASSISTANCE FOR VICTIMS IN THE DISTRICT OF COLUMBIA,

PUERTO RICO, AND OTHER TERRITORIES AND POSSESSIONS.—Section

1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a))

is amended by adding at the end the following:

‘‘(6) An agency of the Federal Government performing local

law enforcement functions in and on behalf of the District

of Columbia, the Commonwealth of Puerto Rico, the United

States Virgin Islands, or any other territory or possession of

the United States may qualify as an eligible crime victim assistance program for the purpose of grants under this subsection,

or for the purpose of grants under subsection (c)(1).’’.

(b) PROHIBITION ON DISCRIMINATION AGAINST CERTAIN VICTIMS.—Section 1404(b)(1) of the Victims of Crime Act of 1984 (42

U.S.C. 10603(b)(1)) is amended—

(1) in subparagraph (D), by striking ‘‘and’’ at the end;

49 USC 40101

note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 373

(2) in subparagraph (E), by striking the period at the

end and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(F) does not discriminate against victims because they

disagree with the way the State is prosecuting the criminal

case.’’.

(c) GRANTS FOR PROGRAM EVALUATION AND COMPLIANCE

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, compliance efforts,’’ after ‘‘demonstration projects’’.

(d) ALLOCATION OF DISCRETIONARY GRANTS.—Section 1404(c)(2)

of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is

amended—

(1) in subparagraph (A), by striking ‘‘not more than’’ and

inserting ‘‘not less than’’; and

(2) in subparagraph (B), by striking ‘‘not less than’’ and

inserting ‘‘not more than’’.

(e) FELLOWSHIPS AND CLINICAL INTERNSHIPS.—Section

1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(3))

is amended—

(1) in subparagraph (C), by striking ‘‘and’’ at the end;

(2) in subparagraph (D), by striking the period at the

end and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(E) use funds made available to the Director under

this subsection—

‘‘(i) for fellowships and clinical internships; and

‘‘(ii) to carry out programs of training and special

workshops for the presentation and dissemination of

information resulting from demonstrations, surveys,

and special projects.’’.

SEC. 624. VICTIMS OF TERRORISM.

(a) COMPENSATION AND ASSISTANCE TO VICTIMS OF DOMESTIC

TERRORISM.—Section 1404B(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 THE UNITED STATES.—The

Director may make supplemental grants as provided in section

1402(d)(5) to States for eligible crime victim compensation and

assistance programs, and to victim service organizations, public

agencies (including Federal, State, or local governments) and nongovernmental organizations that provide assistance to victims of

crime, which shall be used to provide emergency relief, including

crisis response efforts, assistance, compensation, training and technical assistance, and ongoing assistance, including during any investigation or prosecution, to victims of terrorist acts or mass violence

occurring within the United States.’’.

(b) ASSISTANCE TO VICTIMS OF INTERNATIONAL TERRORISM.—

Section 1404B(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C.

10603b(a)(1)) is amended by striking ‘‘who are not persons eligible

for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986’’.

(c) COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.—

Section 1404C(b) of the Victims of Crime of 1984 (42 U.S.C.

10603c(b)) is amended by adding at the end the following: ‘‘The

amount of compensation awarded to a victim under this subsection

115 STAT. 374 PUBLIC LAW 107–56—OCT. 26, 2001

shall be reduced by any amount that the victim received in connection with the same act of international terrorism under title VIII

of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.’’.

TITLE VII—INCREASED INFORMATION

SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION

SEC. 701. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM

TO FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCEMENT RESPONSE RELATED TO TERRORIST ATTACKS.

Section 1301 of title I of the Omnibus Crime Control and

Safe Streets Act 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), by striking ‘‘and’’ after the semicolon;

(B) by redesignating paragraph (4) as paragraph (5);

and

(C) by inserting after paragraph (3) the following: ‘‘(4) establishing and operating secure information sharing

systems to enhance the investigation and prosecution abilities

of participating enforcement agencies in addressing multi-jurisdictional terrorist conspiracies and activities; and (5)’’; and

(3) by inserting at the end the following: ‘‘(d) AUTHORIZATION OF APPROPRIATION TO THE BUREAU OF JUS- TICE ASSISTANCE.—There are authorized to be appropriated to the Bureau of Justice Assistance to carry out this section $50,000,000

for fiscal year 2002 and $100,000,000 for fiscal year 2003.’’.

TITLE VIII—STRENGTHENING THE

CRIMINAL LAWS 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 the end the following:

‘‘§ 1993. Terrorist attacks and other acts of violence against

mass transportation systems

‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully— ‘‘(1) wrecks, derails, sets fire to, or disables a mass

transportation vehicle or ferry; ‘‘(2) places or causes to be placed any biological agent

or toxin for use as a weapon, destructive substance, or destructive device in, upon, or near a mass transportation vehicle

or ferry, without previously obtaining the permission of the

mass transportation provider, and with intent to endanger the

safety of any passenger or employee of the mass transportation

provider, or with a reckless disregard for the safety of human

life; ‘‘(3) sets fire to, or places any biological agent or toxin

for use as a weapon, destructive substance, or destructive device

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 375

in, upon, or near any garage, terminal, structure, supply, or

facility used in the operation of, or in support of the operation

of, a mass transportation vehicle or ferry, without previously

obtaining the permission of the mass transportation provider,

and knowing or having reason to know such activity would

likely derail, disable, or wreck a mass transportation vehicle

or ferry used, operated, or employed by the mass transportation

provider;

‘‘(4) removes appurtenances from, damages, or otherwise

impairs the operation of a mass transportation signal system,

including a train control system, centralized dispatching

system, or rail grade crossing warning signal without authorization from the mass transportation provider;

‘‘(5) interferes with, disables, or incapacitates any dispatcher, driver, captain, or person while they are employed

in dispatching, operating, or maintaining a mass transportation

vehicle or ferry, with intent to endanger the safety of any

passenger or employee of the mass transportation provider,

or with a reckless disregard for the safety of human life;

‘‘(6) commits an act, including the use of a dangerous

weapon, with the intent to cause death or serious bodily injury

to an employee or passenger of a mass transportation provider

or any other person while any of the foregoing are on the

property of a mass transportation provider;

‘‘(7) conveys or causes to be conveyed false information,

knowing the information to be false, concerning an attempt

or alleged attempt being made or to be made, to do any act

which would be a crime prohibited by this subsection; or

‘‘(8) attempts, threatens, or conspires to do any of the

aforesaid acts,

shall be 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 conspiracy such act would be committed, on, against, or affecting

a mass transportation provider engaged in or affecting interstate

or foreign commerce, or if in the course of committing such act,

that person travels or communicates across a State line in order

to commit such act, or transports materials across a State line

in aid of the commission of such act.

‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an offense

under subsection (a) in a circumstance in which—

‘‘(1) the mass transportation vehicle or ferry was carrying

a passenger at the time of the offense; or

‘‘(2) the offense has resulted in the death of any person,

shall be guilty of an aggravated form of the offense and shall

be fined under this 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 this title;

‘‘(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 this title;

‘‘(4) the term ‘destructive substance’ has the meaning given

to that term in section 31 of this title;

‘‘(5) the term ‘mass transportation’ has the meaning given

to that term in section 5302(a)(7) of title 49, United States

115 STAT. 376 PUBLIC LAW 107–56—OCT. 26, 2001

Code, except that the term shall include schoolbus, charter,

and sightseeing transportation; ‘‘(6) the term ‘serious bodily injury’ has the meaning given

to that term in section 1365 of this title; ‘‘(7) the term ‘State’ has the meaning given to that term

in section 2266 of this title; and ‘‘(8) the term ‘toxin’ has the meaning given to that term

in section 178(2) of this title.’’. (f) CONFORMING AMENDMENT.—The analysis of chapter 97 of

title 18, United States 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.—Section 2331 of title 18,

United States Code, is amended— (1) in paragraph (1)(B)(iii), by striking ‘‘by assassination

or kidnapping’’ and inserting ‘‘by mass destruction, assassination, or kidnapping’’;

(2) in paragraph (3), by striking ‘‘and’’;

(3) in paragraph (4), by striking the period at the end

and inserting ‘‘; and’’; and

(4) by adding at the end the following:

‘‘(5) the term ‘domestic terrorism’ means activities that— ‘‘(A) involve acts dangerous to human life that are

a violation of the criminal laws of the United States or

of any State; ‘‘(B) appear to be intended— ‘‘(i) to intimidate or coerce a civilian population;

‘‘(ii) to influence the policy of a government by

intimidation or coercion; or ‘‘(iii) to affect the conduct of a government by

mass destruction, assassination, or kidnapping; and

‘‘(C) occur primarily within the territorial jurisdiction

of the United States.’’.

(b) CONFORMING AMENDMENT.—Section 3077(1) of title 18,

United States Code, is amended to read as follows:

‘‘(1) ‘act of terrorism’ means an act of domestic or international terrorism as defined in section 2331;’’.

SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

(a) IN GENERAL.—Chapter 113B of title 18, United States Code,

is amended by adding after section 2338 the following new section:

‘‘§ 2339. Harboring or concealing terrorists

‘‘(a) Whoever harbors or conceals any person who he knows,

or has reasonable grounds to believe, has committed, or is about

to commit, an offense under section 32 (relating to destruction

of aircraft or aircraft facilities), section 175 (relating to biological

weapons), section 229 (relating to chemical weapons), section 831

(relating to nuclear materials), paragraph (2) or (3) of section 844(f)

(relating to arson and 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 section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating

to sabotage of nuclear facilities or fuel) of the Atomic Energy Act

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 377

of 1954 (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 more than ten years, or both.’’.

‘‘(b) A violation of this section may be prosecuted in any Federal

judicial district in which the underlying offense was committed,

or in any other Federal judicial district as provided by law.’’.

(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter

113B of title 18, United States Code, is amended by inserting

after the item for section 2338 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 the end the following:

‘‘(9) With respect to offenses committed by or against a

national of the United States as that term is used in section

101 of the Immigration and Nationality Act—

‘‘(A) the premises of United States diplomatic, consular,

military or other United States Government missions or

entities in foreign States, including the buildings, parts

of buildings, and land appurtenant or ancillary thereto

or used for purposes of those missions or entities, irrespective of ownership; and

‘‘(B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used

for purposes of those missions or entities or used by United

States personnel assigned to those missions or entities.

Nothing in this paragraph shall be deemed to supersede any

treaty or international agreement with which this paragraph

conflicts. This paragraph does not apply with respect to an

offense committed by a person described in section 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 the United 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 ‘‘or 60123(b)’’ after ‘‘46502’’; and

(F) by inserting at the end the following: ‘‘A violation

of this section may be prosecuted in any Federal judicial

district in which the underlying offense was committed,

or in any other Federal judicial district as provided by

law.’’; and

(2) in subsection (b)—

(A) by striking ‘‘or other financial securities’’ and

inserting ‘‘or monetary instruments or financial securities’’;

and

(B) by inserting ‘‘expert advice or assistance,’’ after

‘‘training,’’.

115 STAT. 378 PUBLIC LAW 107–56—OCT. 26, 2001

(b) TECHNICAL AMENDMENT.—Section 1956(c)(7)(D) of title 18,

United States Code, is amended by inserting ‘‘or 2339B’’ after ‘‘2339A’’.

SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.

Section 981(a)(1) of title 18, United States Code, is amended

by inserting at the end the following: ‘‘(G) All assets, foreign or domestic— ‘‘(i) of any individual, entity, or organization engaged

in planning or perpetrating any act of domestic or international terrorism (as defined in section 2331) against the

United States, citizens or residents of the United States,

or their property, and all assets, foreign or domestic,

affording any person a source of influence over any such

entity or organization; ‘‘(ii) acquired or maintained by any person with the

intent and for the purpose of supporting, planning, conducting, or concealing an act of domestic or international

terrorism (as defined in section 2331) against the United

States, citizens or residents of the United States, or their

property; or

‘‘(iii) derived from, involved in, or used or intended

to be used to commit any act of domestic or international

terrorism (as defined in section 2331) against the United

States, citizens or residents of the United States, or their

property.’’.

SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF

MATERIAL SUPPORT TO TERRORISM.

No provision of the Trade Sanctions Reform and Export

Enhancement Act of 2000 (title IX of Public Law 106–387) shall

be construed to limit or otherwise 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 States Code, 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 this title,’’ before ‘‘and the Secretary’’;

and

(2) in subsection (g)(5)(B), by striking clauses (i) through

(iii) and inserting the following:

‘‘(i) section 32 (relating to destruction of aircraft

or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special

maritime and territorial jurisdiction), 175 or 175b

(relating to biological weapons), 229 (relating to chemical weapons), subsection (a), (b), (c), or (d) of section

351 (relating to congressional, cabinet, and Supreme

Court assassination and kidnaping), 831 (relating to

nuclear materials), 842(m) or (n) (relating to plastic

explosives), 844(f)(2) or (3) (relating to arson and

bombing of Government property risking or causing

death), 844(i) (relating to arson and bombing of property used in interstate commerce), 930(c) (relating to

killing or attempted killing during an attack on a

Federal facility with a dangerous weapon), 956(a)(1)

(relating to conspiracy to murder, kidnap, or maim

22 USC 7211.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 379

persons abroad), 1030(a)(1) (relating to protection of

computers), 1030(a)(5)(A)(i) resulting in damage as

defined in 1030(a)(5)(B)(ii) through (v) (relating to

protection of computers), 1114 (relating to killing or

attempted killing of officers and employees of the

United States), 1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage

taking), 1362 (relating to destruction of communication

lines, stations, or systems), 1363 (relating to injury

to buildings or property within special maritime and

territorial jurisdiction of the United States), 1366(a)

(relating to destruction of an energy facility), 1751(a),

(b), (c), or (d) (relating to Presidential and Presidential

staff assassination and kidnaping), 1992 (relating to

wrecking trains), 1993 (relating to terrorist attacks

and other acts of violence against mass transportation

systems), 2155 (relating to destruction of national

defense materials, premises, or utilities), 2280 (relating

to violence against maritime navigation), 2281 (relating

to violence against maritime fixed platforms), 2332

(relating to certain homicides and other violence

against United States nationals occurring outside of

the United States), 2332a (relating to use of weapons

of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2339

(relating to harboring terrorists), 2339A (relating to

providing material support to terrorists), 2339B

(relating to providing material support to terrorist

organizations), or 2340A (relating to torture) of this

title;

‘‘(ii) section 236 (relating to sabotage of nuclear

facilities or fuel) 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 a flight crew with a dangerous weapon),

section 46505(b)(3) or (c) (relating to explosive or incendiary devices, or endangerment of human life by means

of weapons, on aircraft), section 46506 if homicide or

attempted homicide is involved (relating to application

of certain criminal laws to acts on aircraft), or section

60123(b) (relating to destruction of interstate gas or

hazardous 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 amended to read as follows:

‘‘§ 3286. Extension of statute of limitation for certain terrorism offenses

‘‘(a) EIGHT-YEAR LIMITATION.—Notwithstanding section 3282,

no person shall be prosecuted, tried, or punished for any noncapital

offense involving a violation of any provision listed in section

2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or 1751(e)

of this title, or section 46504, 46505, or 46506 of title 49, unless

115 STAT. 380 PUBLIC LAW 107–56—OCT. 26, 2001

the indictment is found or the information is instituted within

8 years after the offense was committed. Notwithstanding the preceding sentence, offenses listed in section 3295 are subject to the

statute of limitations set forth in that section.

‘‘(b) NO LIMITATION.—Notwithstanding any other law, an indictment may be found or an information instituted at any time without

limitation for any offense listed in section 2332b(g)(5)(B), if the

commission of such offense resulted in, or created a forseeable

risk of, death or serious bodily injury to another person.’’.

(b) APPLICATION.—The amendments made by this section 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, United States Code, is

amended in the second undesignated paragraph by striking ‘‘not

more than twenty years’’ and inserting ‘‘for any term of years

or for life’’.

(b) DESTRUCTION OF AN ENERGY FACILITY.—Section 1366 of

title 18, United States Code, is amended—

(1) in subsection (a), by striking ‘‘ten’’ and inserting ‘‘20’’;

and

(2) by adding at the end the following:

‘‘(d) Whoever is convicted of a violation of subsection (a) or

(b) that has resulted in the death of any person shall be subject

to imprisonment for any term of years or life.’’.

(c) MATERIAL SUPPORT TO TERRORISTS.—Section 2339A(a) of

title 18, United States Code, is amended—

(1) by striking ‘‘10’’ and inserting ‘‘15’’; and

(2) by striking the period and inserting ‘‘, and, if the death

of any person results, shall be imprisoned for any term of

years or for life.’’.

(d) MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST

ORGANIZATIONS.—Section 2339B(a)(1) of title 18, United States

Code, is amended—

(1) by striking ‘‘10’’ and inserting ‘‘15’’; and

(2) by striking the period after ‘‘or both’’ and inserting

‘‘, and, if the death of any person results, shall be imprisoned

for any term of years or for life.’’.

(e) DESTRUCTION OF NATIONAL-DEFENSE MATERIALS.—Section

2155(a) of title 18, United States Code, is amended—

(1) by striking ‘‘ten’’ and inserting ‘‘20’’; and

(2) by striking the period at the end and inserting ‘‘, and,

if death results to any person, shall be imprisoned for any

term of years or for life.’’.

(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236

of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended—

(1) by striking ‘‘ten’’ each place it appears and inserting

‘‘20’’;

(2) in subsection (a), by striking the period at the end

and inserting ‘‘, and, if death results to any person, shall

be imprisoned for any term of years or for life.’’; and

(3) in subsection (b), by striking the period at the end

and inserting ‘‘, and, if death results to any person, shall

be imprisoned for any term of years or for life.’’.

18 USC 3286

note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 381

(g) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.— Section 46505(c) of title 49, United States Code, is amended— (1) by striking ‘‘15’’ and inserting ‘‘20’’; and

(2) by striking the period at the end and inserting ‘‘, and,

if death results to any person, shall be imprisoned for any

term of years or for life.’’.

(h) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZ- ARDOUS LIQUID PIPELINE FACILITY.—Section 60123(b) of title 49,

United States Code, is amended— (1) by striking ‘‘15’’ and inserting ‘‘20’’; and

(2) by striking the period at the end and inserting ‘‘, and,

if death results to any person, shall be imprisoned for any

term of years or for life.’’.

SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.

(a) ARSON.—Section 81 of title 18, United States Code, is

amended in the first undesignated paragraph— (1) by striking ‘‘, or attempts to set fire to or burn’’; and

(2) by inserting ‘‘or attempts or conspires to do such an

act,’’ before ‘‘shall be imprisoned’’. (b) KILLINGS IN FEDERAL FACILITIES.—Section 930(c) of title

18, United States Code, is amended—

(1) by striking ‘‘or attempts to kill’’;

(2) by inserting ‘‘or attempts or conspires to do such an

act,’’ before ‘‘shall be punished’’; and

(3) by striking ‘‘and 1113’’ and inserting ‘‘1113, and 1117’’.

(c) COMMUNICATIONS LINES, STATIONS, OR SYSTEMS.—Section

1362 of title 18, United States Code, is amended in the first undesignated paragraph—

(1) by striking ‘‘or attempts willfully or maliciously to injure

or destroy’’; and

(2) by inserting ‘‘or attempts or conspires to do such an

act,’’ before ‘‘shall be fined’’.

(d) BUILDINGS OR PROPERTY WITHIN SPECIAL MARITIME AND

TERRITORIAL JURISDICTION.—Section 1363 of title 18, United States

Code, is amended—

(1) by striking ‘‘or attempts to destroy or injure’’; and

(2) by inserting ‘‘or attempts or conspires to do such an

act,’’ before ‘‘shall be fined’’ the first place it appears.

(e) WRECKING TRAINS.—Section 1992 of title 18, United States

Code, is amended by adding at the end the following:

‘‘(c) A person who conspires to commit any offense defined

in this section shall be subject to the same penalties (other than

the penalty of death) as the penalties prescribed for the offense,

the commission of which was the object of the conspiracy.’’.

(f) MATERIAL SUPPORT TO TERRORISTS.—Section 2339A of title

18, United States Code, is amended by inserting ‘‘or attempts or

conspires to do such an act,’’ before ‘‘shall be fined’’.

(g) TORTURE.—Section 2340A of title 18, United States Code,

is amended by adding at the end the following:

‘‘(c) CONSPIRACY.—A person who conspires to commit an offense

under this section shall be subject to the same penalties (other

than the penalty of death) as the penalties prescribed for the

offense, the commission of which was the object of the conspiracy.’’.

(h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236

of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended— (1) in subsection (a)—

115 STAT. 382 PUBLIC LAW 107–56—OCT. 26, 2001

(A) by striking ‘‘, or who intentionally and willfully

attempts to destroy or cause physical damage to’’;

(B) in paragraph (4), by striking the period at the

end and inserting a comma; and

(C) by inserting ‘‘or attempts or conspires to do such

an act,’’ before ‘‘shall be fined’’; and

(2) in subsection (b)—

(A) by striking ‘‘or attempts to cause’’; and

(B) by inserting ‘‘or attempts or conspires to do such

an act,’’ before ‘‘shall be fined’’.

(i) INTERFERENCE WITH FLIGHT CREW MEMBERS AND ATTEND- ANTS.—Section 46504 of title 49, United States Code, is amended

by inserting ‘‘or attempts or conspires to do such an act,’’ before ‘‘shall be fined’’. (j) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.— Section 46505 of title 49, United States Code, is amended by adding

at the end the following: ‘‘(e) CONSPIRACY.—If two or more persons conspire to violate

subsection (b) or (c), and one or more of such persons do any

act to effect the object of the conspiracy, each of the parties to

such conspiracy shall be punished as provided in such subsection.’’.

(k) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS LIQUID PIPELINE FACILITY.—Section 60123(b) of title 49,

United States Code, is amended—

(1) by striking ‘‘, or attempting to damage or destroy,’’;

and

(2) by inserting ‘‘, or attempting or conspiring to do such

an act,’’ before ‘‘shall be fined’’.

SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.

Section 3583 of title 18, United States Code, is amended by

adding at the end the following:

‘‘(j) SUPERVISED RELEASE TERMS FOR TERRORISM PREDICATES.—

Notwithstanding subsection (b), the authorized term of supervised

release for any offense listed in section 2332b(g)(5)(B), the commission of which resulted in, or created a foreseeable risk of, death

or serious bodily injury 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 States Code, is amended—

(1) by striking ‘‘or (F)’’ and inserting ‘‘(F)’’; and

(2) by inserting before the semicolon at the end the following: ‘‘, or (G) any act that is indictable under any provision

listed in section 2332b(g)(5)(B)’’.

SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.

(a) CLARIFICATION OF PROTECTION OF PROTECTED COMPUTERS.—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 of clause (iii), as so redesignated; and

(4) by adding at the end the following:

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 383

‘‘(B) by conduct described in clause (i), (ii), or (iii)

of subparagraph (A), caused (or, in the case of an attempted

offense, would, if completed, have caused)—

‘‘(i) loss to 1 or more persons during any 1-year

period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States

only, loss resulting from a related course of conduct

affecting 1 or more other protected computers) aggregating at least $5,000 in value;

‘‘(ii) the modification or impairment, or potential

modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;

‘‘(iii) physical injury to any person;

‘‘(iv) a threat to public health or safety; or

‘‘(v) damage affecting a computer system used by

or for a government entity in furtherance of the

administration of justice, national defense, or national

security;’’.

(b) PROTECTION FROM EXTORTION.—Section 1030(a)(7) of title

18, United States Code, is amended by striking ‘‘, firm, association,

educational institution, financial institution, government entity, or

other legal entity,’’.

(c) PENALTIES.—Section 1030(c) of title 18, 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), by inserting ‘‘or an attempt

to commit an offense punishable under this subparagraph,’’

after ‘‘subsection (a)(2),’’ in the matter preceding clause

(i); and

(C) in subparagraph (C), by striking ‘‘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 the following:

‘‘(4)(A) a fine under this title, imprisonment for not more

than 10 years, or both, in the case of an offense under subsection (a)(5)(A)(i), or an attempt to 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 of an offense under subsection

(a)(5)(A)(ii), or an attempt to 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 of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an

offense punishable under either subsection, that occurs after

a conviction for another offense under this section.’’.

115 STAT. 384 PUBLIC LAW 107–56—OCT. 26, 2001

(d) DEFINITIONS.—Section 1030(e) of title 18, United States

Code is amended—

(1) in paragraph (2)(B), by inserting ‘‘, including a computer

located outside the United States that is used in a manner

that affects interstate or foreign 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) and inserting the following:

‘‘(8) the term ‘damage’ means any impairment to the integrity or availability of data, a program, a system, or information;’’;

(4) in paragraph (9), by striking the period at the end

and inserting a semicolon; and

(5) by adding at the end the following:

‘‘(10) the term ‘conviction’ shall include a conviction under

the law of any State for a crime punishable by imprisonment

for more than 1 year, an element of which is unauthorized

access, or exceeding authorized access, to a computer;

‘‘(11) the term ‘loss’ means any reasonable cost to any

victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program,

system, or information to its condition prior to the offense,

and any revenue lost, cost incurred, or other consequential

damages incurred because of interruption of service; and

‘‘(12) the term ‘person’ means any individual, firm, corporation, educational institution, financial institution, governmental

entity, or legal or other entity.’’.

(e) DAMAGES IN CIVIL ACTIONS.—Section 1030(g) of title 18,

United States Code is amended—

(1) by striking the second sentence and inserting the following: ‘‘A civil action for a violation of this section may be

brought only if the conduct involves 1 of the factors set forth

in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages

for a violation involving only conduct described in subsection

(a)(5)(B)(i) are limited to economic damages.’’; and

(2) by adding at the end the following: ‘‘No action may

be brought under this subsection for the negligent design or

manufacture of computer hardware, computer software, or

firmware.’’.

(f) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN COMPUTER FRAUD AND ABUSE.—Pursuant to its authority

under section 994(p) of title 28, United States Code, the United

States Sentencing Commission shall amend the Federal sentencing

guidelines to ensure that any individual convicted of a violation

of section 1030 of title 18, United States Code, can be subjected

to appropriate penalties, without regard to any mandatory minimum term of imprisonment.

SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING RECORDS IN RESPONSE TO GOVERNMENT

REQUESTS.

Section 2707(e)(1) of title 18, United States Code, is amended

by inserting after ‘‘or statutory authorization’’ the following:

‘‘(including a request of a governmental entity under section 2703(f)

of this title)’’.

28 USC 994 note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 385

SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY

FORENSIC CAPABILITIES.

(a) IN GENERAL.—The Attorney General shall establish such

regional computer forensic laboratories as the Attorney General

considers appropriate, and provide support to existing computer

forensic laboratories, in order that all such computer forensic laboratories have the capability—

(1) to provide forensic examinations with respect to seized

or intercepted computer evidence relating to criminal activity

(including cyberterrorism);

(2) to provide training and education for Federal, State,

and local law enforcement personnel and prosecutors regarding

investigations, forensic analyses, and prosecutions of computerrelated crime (including cyberterrorism);

(3) to assist Federal, State, and local law enforcement

in enforcing Federal, State, and local criminal laws relating

to computer-related crime;

(4) to facilitate and promote the sharing of Federal law

enforcement expertise and information about the investigation,

analysis, and prosecution of computer-related crime with State

and local law enforcement personnel and prosecutors, including

the use of multijurisdictional task forces; and

(5) to carry out such other activities as the Attorney General considers appropriate.

(b) AUTHORIZATION OF APPROPRIATIONS.—

(1) AUTHORIZATION.—There is hereby authorized to be

appropriated in each fiscal year $50,000,000 for purposes of

carrying out this section.

(2) AVAILABILITY.—Amounts appropriated pursuant to the

authorization of appropriations in paragraph (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 redesignating subsection (b) as subsection (c);

and

(C) by inserting after subsection (a) the following:

‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly possesses any

biological agent, 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, shall be fined under this title, imprisoned not more than

10 years, or both. In this subsection, the terms ‘biological agent’

and ‘toxin’ do not encompass any biological agent or toxin that

is in its naturally occurring environment, if the biological agent

or toxin has not been cultivated, collected, or otherwise extracted

from its natural source.’’;

(2) by inserting after section 175a the following:

28 USC 509 note.

115 STAT. 386 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘SEC. 175b. POSSESSION BY RESTRICTED PERSONS.

‘‘(a) No restricted person described in subsection (b) shall ship

or transport interstate or foreign commerce, or possess in or

affecting commerce, any biological agent or toxin, or receive any

biological agent or toxin that has been shipped or transported

in interstate or foreign commerce, if the biological agent or toxin

is listed as a select agent in subsection (j) of section 72.6 of title

42, Code of Federal Regulations, pursuant to section 511(d)(l) of

the Antiterrorism and Effective Death Penalty Act of 1996 (Public

Law 104–132), and is not exempted under subsection (h) of such

section 72.6, or appendix A of part 72 of the Code of Regulations.

‘‘(b) In this section:

‘‘(1) The term ‘select agent’ does not include any such

biological agent or toxin that is in its naturally-occurring

environment, if the biological agent or toxin has not been

cultivated, collected, or otherwise extracted from its natural

source.

‘‘(2) The term ‘restricted person’ means an individual who—

‘‘(A) is under indictment for a crime punishable by

imprisonment for a term exceeding 1 year;

‘‘(B) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

‘‘(C) is a fugitive from justice;

‘‘(D) is an unlawful user of any controlled substance

(as defined in section 102 of the Controlled Substances

Act (21 U.S.C. 802));

‘‘(E) is an alien illegally or unlawfully in the United

States;

‘‘(F) has been adjudicated as a mental defective or

has been committed to any mental institution;

‘‘(G) is an alien (other than an alien lawfully admitted

for permanent residence) who is a national of a country

as to which the Secretary of State, pursuant to section

6(j) of the Export Administration Act of 1979 (50 U.S.C.

App. 2405(j)), section 620A of chapter 1 of part M of the

Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section

40(d) of chapter 3 of the Arms Export Control Act (22

U.S.C. 2780(d)), has made a determination (that remains

in effect) that such country has repeatedly provided support

for acts of international terrorism; or ‘‘(H) has been discharged from the Armed Services

of the United States under dishonorable conditions.

‘‘(3) The term ‘alien’ has the same meaning as in section

1010(a)(3) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(3)). ‘‘(4) The term ‘lawfully admitted for permanent residence’ has the same meaning as in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).

‘‘(c) Whoever knowingly violates this section shall be fined

as provided in this title, imprisoned not more than 10 years, or

both, but the prohibition contained in this section shall not apply

with respect to any duly authorized United States governmental

activity.’’; and

(3) in the chapter analysis, by inserting after the item

relating to section 175a the following:

‘‘175b. Possession by restricted persons.’’.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 387

TITLE IX—IMPROVED INTELLIGENCE

SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE REGARDING FOREIGN INTELLIGENCE COLLECTED UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

Section 103(c) of the National Security Act of 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 and priorities for foreign intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and

provide assistance to the Attorney General to ensure that

information derived from electronic surveillance or physical

searches under that Act is disseminated so it may be used

efficiently and effectively for foreign intelligence purposes,

except that the Director shall have no authority to direct,

manage, or undertake electronic surveillance or physical search

operations pursuant to that Act unless otherwise authorized

by statute or Executive order;’’.

SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES

WITHIN SCOPE OF FOREIGN INTELLIGENCE UNDER

NATIONAL SECURITY ACT OF 1947.

Section 3 of the National Security Act of 1947 (50 U.S.C.

401a) is amended— (1) in paragraph (2), by inserting before the period the

following: ‘‘, or international terrorist activities’’; and

(2) in paragraph (3), by striking ‘‘and activities conducted’’ and inserting ‘‘, and activities conducted,’’.

SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND MAINTENANCE OF INTELLIGENCE RELATIONSHIPS TO ACQUIRE

INFORMATION ON TERRORISTS AND TERRORIST

ORGANIZATIONS.

It is the sense of Congress that officers and employees of

the intelligence community of the Federal Government, acting

within the course of their official duties, should be encouraged,

and should make every effort, to establish and maintain intelligence

relationships with any person, entity, or group for the purpose

of engaging in lawful intelligence activities, including the acquisition of information on the identity, location, finances, affiliations,

capabilities, plans, or intentions of a terrorist or terrorist organization, or information on any other person, entity, or group (including

a foreign government) engaged in harboring, comforting, financing,

aiding, or assisting a terrorist or terrorist organization.

SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS OF REPORTS ON INTELLIGENCE AND INTELLIGENCE-RELATED MATTERS.

(a) AUTHORITY TO DEFER.—The Secretary of Defense, Attorney

General, and Director of Central Intelligence each may, during

the effective period of this section, defer the date of submittal

115 STAT. 388 PUBLIC LAW 107–56—OCT. 26, 2001

to Congress of any covered intelligence report under the jurisdiction

of such official until February 1, 2002.

(b) COVERED INTELLIGENCE REPORT.—Except as provided in

subsection (c), for purposes of subsection (a), a covered intelligence

report is as follows:

(1) Any report on intelligence or intelligence-related activities of the United States Government that is required to be

submitted to Congress by an element of the intelligence community during the effective period of this section.

(2) Any report or other matter that is required to be submitted to the Select Committee on Intelligence of the Senate

and Permanent Select Committee on Intelligence of the House

of Representatives by the Department of Defense or the Department of Justice during the effective period of this section.

(c) EXCEPTION FOR CERTAIN REPORTS.—For purposes of subsection (a), any report required by section 502 or 503 of the National

Security Act of 1947 (50 U.S.C. 413a, 413b) is not a covered intelligence report.

(d) NOTICE TO CONGRESS.—Upon deferring the date of submittal

to Congress of a covered intelligence report under subsection (a),

the official deferring the date of submittal of the covered intelligence

report shall submit to Congress notice of the deferral. Notice of

deferral of a report shall specify the provision of law, if any, under

which the report would otherwise be submitted to Congress.

(e) EXTENSION OF DEFERRAL.—(1) Each official specified in subsection (a) may defer the date of submittal to Congress of a covered

intelligence report under the jurisdiction of such official to a date

after February 1, 2002, if such official submits to the committees

of Congress specified in subsection (b)(2) before February 1, 2002,

a certification that preparation and submittal of the covered intelligence report on February 1, 2002, will impede the work of officers

or employees who are engaged in counterterrorism activities.

(2) A certification under paragraph (1) with respect to a covered

intelligence report shall specify the date on which the covered

intelligence report will be submitted to Congress.

(f) EFFECTIVE PERIOD.—The effective period of this section is

the period beginning on the date of the enactment of this Act

and ending on February 1, 2002.

(g) ELEMENT OF THE INTELLIGENCE COMMUNITY DEFINED.—

In this section, the term ‘‘element of the intelligence community’’

means any element of the intelligence community specified or designated under section 3(4) of the National Security Act of 1947

(50 U.S.C. 401a(4)).

SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF

FOREIGN INTELLIGENCE-RELATED INFORMATION WITH

RESPECT TO CRIMINAL INVESTIGATIONS.

(a) IN GENERAL.—Title I of the National Security Act of 1947

(50 U.S.C. 402 et seq.) is amended—

(1) by redesignating subsection 105B as section 105C; and

(2) by inserting after section 105A the following new section

105B:

50 USC 403–5b,

403–5c.

Certification.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 389

‘‘DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN CRIMINAL IN- VESTIGATIONS; NOTICE OF CRIMINAL INVESTIGATIONS OF FOREIGN

INTELLIGENCE SOURCES

‘‘SEC. 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

or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of Central

Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired

by an element of the Department of Justice or an element of

such department or agency, as the case may be, in the course

of a criminal investigation. ‘‘(2) The Attorney General by regulation and in consultation

with the Director of Central Intelligence may provide for exceptions

to the applicability of paragraph (1) for one or more classes of

foreign intelligence, or foreign intelligence with respect to one or

more targets or matters, if the Attorney General determines that

disclosure of such foreign intelligence under that paragraph would

jeopardize an ongoing law enforcement investigation or impair other

significant law enforcement interests. ‘‘(b) PROCEDURES FOR NOTICE OF CRIMINAL INVESTIGATIONS.—

Not later than 180 days after the date of enactment of this section,

the Attorney General, in consultation with the Director of Central

Intelligence, shall develop guidelines to ensure that after receipt

of a report from an element of the intelligence community of activity

of a foreign intelligence source or potential foreign intelligence

source that may warrant investigation as criminal activity, the

Attorney 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 General shall develop procedures for the administration of this section, including the disclosure

of foreign intelligence by elements of the Department of Justice,

and elements of other departments and agencies of the Federal

Government, under subsection (a) and the provision of notice with

respect to criminal investigations under subsection (b).’’.

(b) CLERICAL AMENDMENT.—The table of contents in the first

section of that Act is amended by striking the item relating to

section 105B and inserting the following new items:

‘‘Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations;

notice of criminal investigations 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 ON RECONFIGURATION.—Not later than February

1, 2002, the Attorney General, the Director of Central Intelligence,

and the Secretary of the Treasury shall jointly submit to Congress

a report on the feasibility and desirability of reconfiguring the

Foreign Terrorist Asset Tracking Center and the Office of Foreign

Assets Control of the Department of the Treasury in order to

establish a capability to provide for the effective and efficient analysis and dissemination of foreign intelligence relating to the financial capabilities and resources of international terrorist organizations.

Deadline.

Deadline.

50 USC 403–5b.

115 STAT. 390 PUBLIC LAW 107–56—OCT. 26, 2001

(b) REPORT REQUIREMENTS.—(1) In preparing the report under

subsection (a), the Attorney General, the Secretary, and the Director

shall consider whether, and to what extent, the capacities and

resources of the Financial Crimes Enforcement Center of the

Department of the Treasury may be integrated into the capability

contemplated by the report.

(2) If the Attorney General, Secretary, and the Director determine that it is feasible and desirable to undertake the reconfiguration described in subsection (a) in order to establish the capability

described in that subsection, the Attorney General, the Secretary,

and the Director shall include with the report under that subsection

a detailed proposal for legislation to achieve the reconfiguration.

SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.

(a) REPORT ON ESTABLISHMENT.—(1) Not later than February

1, 2002, the Director of Central Intelligence shall, in consultation

with the Director of the Federal Bureau of Investigation, submit

to the appropriate committees of Congress a report on the establishment and maintenance within the intelligence community of an

element for purposes of providing timely and accurate translations

of foreign intelligence for all other elements of the intelligence

community. In the report, the element shall be referred to as

the ‘‘National Virtual Translation Center’’. (2) The report on the element described in paragraph (1) shall

discuss the use of state-of-the-art communications technology, the

integration of existing translation capabilities in the intelligence

community, and the utilization of remote-connection capacities so

as to minimize the need for a central physical facility for the

element.

(b) RESOURCES.—The report on the element required by subsection (a) shall address the following:

(1) The assignment to the element of a staff of individuals

possessing a broad range of linguistic and translation skills

appropriate for the purposes of the element.

(2) The provision to the element of communications

capabilities and systems that are commensurate with the most

current and sophisticated communications capabilities and systems available to other elements of intelligence community.

(3) The assurance, to the maximum extent practicable,

that the communications capabilities and systems provided to

the element will be compatible with communications capabilities and systems utilized by the Federal Bureau of Investigation

in securing timely and accurate translations of foreign language

materials for law enforcement investigations.

(4) The development of a communications infrastructure

to ensure the efficient and secure use of the translation capabilities of the element.

(c) SECURE COMMUNICATIONS.—The report shall include a

discussion of the creation of secure electronic communications

between the element described by 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 in section 3(2) of

the National Security Act of 1947 (50 U.S.C. 401a(2)).

(2) ELEMENT OF THE INTELLIGENCE COMMUNITY.—The term ‘‘element of the intelligence community’’ means any element

Deadline.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 391

of the intelligence community specified or designated under

section 3(4) of the National Security Act of 1947 (50 U.S.C.

401a(4)).

SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION AND USE OF FOREIGN INTELLIGENCE.

(a) PROGRAM REQUIRED.—The Attorney General shall, in consultation with the Director of Central Intelligence, carry out a

program to provide appropriate training to officials described in

subsection (b) in order to assist such officials in— (1) identifying foreign intelligence information in the course

of their duties; and

(2) utilizing foreign intelligence information in the course

of their duties, to the extent that the utilization of such information is appropriate for such duties.

(b) OFFICIALS.—The officials provided training under subsection

(a) are, at the discretion of the Attorney General and the Director,

the following:

(1) Officials of the Federal Government who are not ordinarily engaged in the collection, dissemination, and use of

foreign intelligence in the performance of their duties.

(2) Officials of State and local governments who encounter,

or may encounter in the course of a terrorist event, foreign

intelligence in the performance of their duties.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is hereby

authorized to be appropriated for the Department of Justice such

sums as may be necessary for purposes of carrying out the program

required by subsection (a).

TITLE X—MISCELLANEOUS

SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE.

The Inspector General of the Department of Justice shall designate one official who shall—

(1) review information and receive complaints alleging

abuses of civil rights and civil liberties by employees and officials of the Department of Justice;

(2) make public through the Internet, radio, television,

and newspaper advertisements information on the responsibilities and functions of, and how to contact, the official; and

(3) submit to the Committee on the Judiciary of the House

of Representatives and the Committee on the Judiciary of the

Senate on a semi-annual basis a report on the implementation

of this subsection and detailing any abuses described in paragraph (1), including a description of the use of funds appropriations used to carry out this subsection.

SEC. 1002. SENSE OF CONGRESS.

(a) FINDINGS.—Congress finds that—

(1) all Americans are united in condemning, in the

strongest possible terms, the terrorists who planned and carried

out the attacks against the United States on September 11,

2001, and in pursuing all those responsible for those attacks

and their sponsors until they are brought to justice;

(2) Sikh-Americans form a vibrant, peaceful, and lawabiding part of America’s people;

Reports.

Public

information.

Internet.

5 USC app.

28 USC 509 note.

115 STAT. 392 PUBLIC LAW 107–56—OCT. 26, 2001

(3) approximately 500,000 Sikhs reside in the United States

and are a vital part of the Nation;

(4) Sikh-Americans stand resolutely in support of the

commitment of our Government to bring the terrorists and

those that harbor them to justice;

(5) the Sikh faith is a distinct religion with a distinct

religious and ethnic identity that has its own places of worship

and a distinct holy text and religious tenets;

(6) many Sikh-Americans, who are easily recognizable by

their turbans and beards, which are required articles of their

faith, have suffered both verbal and physical assaults as a

result of misguided anger toward Arab-Americans and MuslimAmericans in the wake of the September 11, 2001 terrorist

attack;

(7) Sikh-Americans, as do all Americans, condemn acts

of prejudice against any American; and

(8) Congress is seriously concerned by the number of crimes

against Sikh-Americans and other Americans all across the

Nation that have been reported in the wake of the tragic

events that unfolded on September 11, 2001.

(b) SENSE OF CONGRESS.—Congress— (1) declares that, in the quest to identify, locate, and bring

to justice the perpetrators and sponsors of the terrorist attacks

on the United States on September 11, 2001, the civil rights

and civil liberties of all Americans, including Sikh-Americans,

should be protected;

(2) condemns bigotry and any acts of violence or discrimination against any Americans, including Sikh-Americans;

(3) calls upon local and Federal law enforcement authorities

to work to prevent crimes against all Americans, including

Sikh-Americans; and

(4) calls upon local and Federal law enforcement authorities

to prosecute to the fullest extent of the law all those who

commit crimes.

SEC. 1003. DEFINITION OF ‘‘ELECTRONIC SURVEILLANCE’’.

Section 101(f)(2) of the Foreign Intelligence Surveillance Act

(50 U.S.C. 1801(f)(2)) is amended by adding at the end before

the semicolon the following: ‘‘, but does not include the acquisition

of those communications of computer trespassers that would be

permissible under section 2511(2)(i) of title 18, United States Code’’.

SEC. 1004. VENUE IN MONEY LAUNDERING CASES.

Section 1956 of title 18, United States Code, is amended by

adding at the end the following: ‘‘(i) VENUE.—(1) Except as provided in paragraph (2), a prosecution for an offense under this section or section 1957 may be

brought in—

‘‘(A) any district in which the financial or monetary transaction is conducted; or

‘‘(B) any district where a prosecution for the underlying

specified unlawful activity could be brought, if the defendant

participated in the transfer of the proceeds of the specified

unlawful activity from that district to the district where the

financial or monetary transaction is conducted.

‘‘(2) A prosecution for an attempt or conspiracy offense under

this section or section 1957 may be brought in the district where

venue would lie for the completed offense under paragraph (1),

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 393

or in any other district where an act in furtherance of the attempt

or conspiracy took place. ‘‘(3) For purposes of this section, a transfer of funds from

1 place to another, by wire or any other means, shall constitute

a single, continuing transaction. Any person who conducts (as that

term is defined in subsection (c)(2)) any portion of the transaction

may be charged in any district in which the transaction takes

place.’’.

SEC. 1005. FIRST RESPONDERS ASSISTANCE ACT.

(a) GRANT AUTHORIZATION.—The Attorney General shall make

grants described in subsections (b) and (c) to States and units

of local government to improve the ability of State and local law

enforcement, fire department and first responders to respond to

and prevent acts of terrorism.

(b) TERRORISM PREVENTION GRANTS.—Terrorism prevention

grants under this subsection may be used for programs, projects,

and other activities to— (1) hire additional law enforcement personnel dedicated

to intelligence gathering and analysis functions, including the

formation of full-time intelligence and analysis units;

(2) purchase technology and equipment for intelligence

gathering and analysis functions, including wire-tap, pen links,

cameras, and computer hardware and software;

(3) purchase equipment for responding to a critical incident,

including protective equipment for patrol officers such as quick

masks;

(4) purchase equipment for managing a critical incident,

such as communications equipment for improved interoperability among surrounding jurisdictions and mobile command

posts for overall scene management; and

(5) fund technical assistance programs that emphasize

coordination among neighboring law enforcement agencies for

sharing resources, and resources coordination among law

enforcement agencies for combining intelligence gathering and

analysis functions, and the development of policy, procedures,

memorandums of understanding, and other best practices.

(c) ANTITERRORISM TRAINING GRANTS.—Antiterrorism training

grants under this subsection may be used for programs, projects,

and other activities to address—

(1) intelligence gathering and analysis techniques;

(2) community engagement and outreach;

(3) critical incident management for all forms of terrorist

attack;

(4) threat assessment capabilities;

(5) conducting followup investigations; and

(6) stabilizing a community after a terrorist incident.

(d) APPLICATION.—

(1) IN GENERAL.—Each eligible entity that desires to receive

a grant under this section shall submit an application to the

Attorney General, at such time, in such manner, and accompanied by such additional information as the Attorney General

may reasonably require.

(2) CONTENTS.—Each application submitted pursuant to

paragraph (1) shall—

(A) describe the activities for which assistance under

this section is sought; and

Intergovernmental

relations.

28 USC 509 note.

115 STAT. 394 PUBLIC LAW 107–56—OCT. 26, 2001

(B) provide such additional assurances as the Attorney

General determines to be essential to ensure compliance

with the requirements of this section.

(e) MINIMUM AMOUNT.—If all applications submitted by a State

or units of local government within that State have not been funded

under this section in any fiscal year, that State, if it qualifies,

and the units of local government within that State, shall receive

in that fiscal year not less than 0.5 percent of the total amount

appropriated in that fiscal year for grants under this section.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $25,000,000 for each of the fiscal years 2003

through 2007.

SEC. 1006. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY LAUNDERING.

(a) AMENDMENT TO IMMIGRATION AND NATIONALITY ACT.—Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.

1182(a)(2)) is amended by adding at the end the following:

‘‘(I) MONEY LAUNDERING.—Any alien—

‘‘(i) who a consular officer or the Attorney General

knows, or has reason to believe, has engaged, is

engaging, or seeks to enter the United States to engage,

in an offense which is described in section 1956 or

1957 of title 18, United States Code (relating to laundering of monetary instruments); or

‘‘(ii) who a consular officer or the Attorney General

knows is, or has been, a knowing aider, abettor,

assister, conspirator, or colluder with others in an

offense which is described in such section;

is inadmissible.’’.

(b) MONEY LAUNDERING WATCHLIST.—Not later than 90 days

after the date of the enactment of this Act, the Secretary of State

shall develop, implement, and certify to the Congress that there

has been established a money laundering watchlist, which identifies

individuals worldwide who are known or suspected of money laundering, which is readily accessible to, and shall be checked by,

a consular or other Federal official prior to the issuance of a

visa or admission to the United States. The Secretary of State

shall develop and continually update the watchlist in cooperation

with the Attorney General, the Secretary of the Treasury, and

the Director of Central Intelligence.

SEC. 1007. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING

IN SOUTH AND CENTRAL ASIA.

In addition to amounts otherwise available to carry out section

481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291), there

is authorized to be appropriated to the President not less than

$5,000,000 for fiscal year 2002 for regional antidrug training in

the Republic of Turkey by the Drug Enforcement Administration

for police, as well as increased precursor chemical control efforts

in the South and Central Asia region.

Deadline.

Records.

Certification.

8 USC 1182 note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 395

SEC. 1008. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER

SCANNING SYSTEM WITH ACCESS TO THE FBI

INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AT OVERSEAS CONSULAR POSTS AND

POINTS OF ENTRY TO THE UNITED STATES.

(a) IN GENERAL.—The Attorney General, in consultation with

the Secretary of State and the Secretary of Transportation, shall

conduct a study on the feasibility of utilizing a biometric identifier

(fingerprint) scanning system, with access to the database of the

Federal Bureau of Investigation Integrated Automated Fingerprint

Identification System, at consular offices abroad and at points of

entry into the United States to enhance the ability of State Department and immigration officials to identify aliens who may be wanted

in connection with criminal or terrorist investigations in the United

States or abroad prior to the issuance of visas or entry into the

United States.

(b) REPORT TO CONGRESS.—Not later than 90 days after the

date of the enactment of this Act, the Attorney General shall

submit a report summarizing the findings of the study authorized

under subsection (a) to the Committee on International Relations

and the Committee on the Judiciary of the House of Representatives

and the Committee on Foreign Relations and the Committee on

the Judiciary of the Senate.

SEC. 1009. STUDY OF ACCESS.

(a) IN GENERAL.—Not later than 120 days after enactment

of this Act, the Federal Bureau of Investigation shall study and

report to Congress on the feasibility of providing to airlines access

via computer to the names of passengers who are suspected of

terrorist activity by Federal officials.

(b) AUTHORIZATION.—There are authorized to be appropriated

not more than $250,000 to carry out subsection (a).

SEC. 1010. TEMPORARY AUTHORITY TO CONTRACT WITH LOCAL AND

STATE GOVERNMENTS FOR PERFORMANCE OF SECURITY

FUNCTIONS AT UNITED STATES MILITARY INSTALLATIONS.

(a) IN GENERAL.—Notwithstanding section 2465 of title 10,

United States Code, during the period of time that United States

armed forces are engaged in Operation Enduring Freedom, and

for the period of 180 days thereafter, funds appropriated to the

Department of Defense may be obligated and expended for the

purpose of entering into contracts or other agreements for the

performance of security functions at any military installation or

facility in the United States with a proximately located local or

State government, or combination of such governments, whether

or not any such government is obligated to provide such services

to the general public without compensation.

(b) TRAINING.—Any contract or agreement entered into under

this section shall prescribe standards for the training and other

qualifications of local government law enforcement personnel who

perform security functions under this section in accordance with

criteria established by the Secretary of the service concerned.

(c) REPORT.—One year after the date of enactment of this

section, the Secretary of Defense shall submit a report to the

Committees on Armed Services of the Senate and the House of

Representatives describing the use of the authority granted under

Deadline.

10 USC 2465

note.

Deadline.

Deadline.

115 STAT. 396 PUBLIC LAW 107–56—OCT. 26, 2001

this section and the use by the Department of Defense of other

means to improve the performance of security functions on military

installations and facilities located within the United States.

SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Crimes

Against Charitable Americans Act of 2001’’.

(b) TELEMARKETING AND CONSUMER FRAUD ABUSE.—The Telemarketing and Consumer Fraud and Abuse Prevention Act (15

U.S.C. 6101 et seq.) is amended—

(1) in section 3(a)(2), by inserting after ‘‘practices’’ the

second place it appears the following: ‘‘which shall include

fraudulent charitable solicitations, and’’;

(2) in section 3(a)(3)—

(A) in subparagraph (B), by striking ‘‘and’’ at the end;

(B) in subparagraph (C), by striking the period at

the end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(D) a requirement that any person engaged in telemarketing for the solicitation of charitable contributions,

donations, or gifts of money or any other thing of value,

shall promptly and clearly disclose to the person receiving

the call that the purpose of the call is to solicit charitable

contributions, donations, or gifts, and make such other

disclosures as the Commission considers appropriate,

including the name and mailing address of the charitable

organization on behalf of which the solicitation is made.’’;

and

(3) in section 7(4), by inserting ‘‘, or a charitable contribution, donation, or gift of money or any other thing of value,’’

after ‘‘services’’.

(c) RED CROSS MEMBERS OR AGENTS.—Section 917 of title 18,

United States Code, 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), by striking ‘‘or’’ at the end;

(2) in subparagraph (B), by striking the comma at the

end and inserting ‘‘; or’’;

(3) by inserting after subparagraph (B) the following:

‘‘(C) a charitable contribution, donation, or gift of

money or any other thing of value,’’; and

(4) in the flush language, by inserting ‘‘or charitable

contributor, or donor’’ after ‘‘participant’’.

SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.

(a) LIMITATION.—

(1) IN GENERAL.—Chapter 51 of title 49, United States

Code, is amended by inserting after section 5103 the following

new section:

‘‘§ 5103a. Limitation on issuance of hazmat licenses

‘‘(a) LIMITATION.—

‘‘(1) ISSUANCE OF LICENSES.—A State may not issue to

any individual a license to operate a motor vehicle transporting

in commerce a hazardous material unless the Secretary of

Intergovernmental

relations.

15 USC 6016.

15 USC 6102.

15 USC 6101

note.

Crimes Against

Charitable

Americans Act of

2001.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 397

Transportation has first determined, upon receipt of a notification under subsection (c)(1)(B), that the individual does not

pose a security risk warranting denial of the license. ‘‘(2) RENEWALS INCLUDED.—For the purposes of this section,

the term ‘issue’, with respect to a license, includes renewal

of the license.

‘‘(b) HAZARDOUS MATERIALS DESCRIBED.—The limitation in subsection (a) shall apply with respect to— ‘‘(1) any material defined as a hazardous material by the

Secretary of Transportation; and ‘‘(2) any chemical or biological material or agent determined

by the Secretary of Health and Human Services or the Attorney

General as being a threat to the national security of the United

States.

‘‘(c) BACKGROUND RECORDS CHECK.— ‘‘(1) IN GENERAL.—Upon the request of a State regarding

issuance of a license described in subsection (a)(1) to an individual, the Attorney General— ‘‘(A) shall carry out a background records check

regarding the individual; and ‘‘(B) upon completing the background records check,

shall notify the Secretary of Transportation of the completion and results of the background records check.

‘‘(2) SCOPE.—A background records check regarding an individual under this subsection shall consist of the following: ‘‘(A) A check of the relevant criminal history data bases.

‘‘(B) In the case of an alien, a check of the relevant

data bases to determine the status of the alien under

the immigration laws of the United States. ‘‘(C) As appropriate, a check of the relevant international data bases through Interpol–U.S. National Central

Bureau or other appropriate means. ‘‘(d) REPORTING REQUIREMENT.—Each State shall submit to the

Secretary of Transportation, at such time and in such manner

as the Secretary may prescribe, the name, address, and such other

information as the Secretary may require, concerning— ‘‘(1) each alien to whom the State issues a license described

in subsection (a); and ‘‘(2) each other individual to whom such a license is issued,

as the Secretary may require.

‘‘(e) ALIEN DEFINED.—In this section, the term ‘alien’ has the

meaning given the term in section 101(a)(3) of the Immigration

and Nationality Act.’’. (2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 5103 the following new item:

‘‘5103a. Limitation on issuance of hazmat licenses.’’.

(b) REGULATION OF DRIVER FITNESS.—Section 31305(a)(5) of

title 49, United States Code, is amended— (1) by striking ‘‘and’’ at the end of subparagraph (A);

(2) by inserting ‘‘and’’ at the end of subparagraph (B);

and

(3) by adding at the end the following new subparagraph: ‘‘(C) is licensed by a State to operate the vehicle after

having first been determined under section 5103a of this

title as not posing a security risk warranting denial of

the license.’’.

115 STAT. 398 PUBLIC LAW 107–56—OCT. 26, 2001

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for the Department of Transportation and the

Department of Justice such amounts as may be necessary to carry

out section 5103a of title 49, United States Code, as added by

subsection (a).

SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING

THE PROVISION OF FUNDING FOR BIOTERRORISM

PREPAREDNESS AND RESPONSE.

(a) FINDINGS.—The Senate finds the following:

(1) Additional steps must be taken to better prepare the

United States to respond to potential bioterrorism attacks.

(2) The threat of a bioterrorist attack is still remote, but

is increasing for a variety of reasons, including—

(A) public pronouncements by Osama bin Laden that

it is his religious duty to acquire weapons of mass destruction, including chemical and biological weapons;

(B) the callous disregard for innocent human life as

demonstrated by the terrorists’ attacks of September 11,

2001;

(C) the resources and motivation of known terrorists

and their sponsors and supporters to use biological warfare;

(D) recent scientific and technological advances in

agent delivery technology such as aerosolization that have

made weaponization of certain germs much easier; and

(E) the increasing access to the technologies and expertise necessary to construct and deploy chemical and

biological weapons of mass destruction.

(3) Coordination of Federal, State, and local terrorism

research, preparedness, and response programs must be

improved.

(4) States, local areas, and public health officials must

have enhanced resources and expertise in order to respond

to a potential bioterrorist attack.

(5) National, State, and local communication capacities

must be enhanced to combat the spread of chemical and

biological illness.

(6) Greater resources must be provided to increase the

capacity of hospitals and local health care workers to respond

to public health threats.

(7) Health care professionals must be better trained to

recognize, diagnose, and treat illnesses arising from biochemical

attacks.

(8) Additional supplies may be essential to increase the

readiness of the United States to respond to a bio-attack.

(9) Improvements must be made in assuring the safety

of the food supply.

(10) New vaccines and treatments are needed to assure

that we have an adequate response to a biochemical attack.

(11) Government research, preparedness, and response programs need to utilize private sector expertise and resources.

(12) Now is the time to strengthen our public health system

and ensure that the United States is adequately prepared to

respond to potential bioterrorist attacks, natural infectious disease outbreaks, and other challenges and potential threats

to the public health.

49 USC 5103a

note.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 399

(b) SENSE OF THE SENATE.—It is the sense of the Senate that

the United States should make a substantial new investment this

year toward the following:

(1) Improving State and local preparedness capabilities

by upgrading State and local surveillance epidemiology,

assisting in the development of response plans, assuring adequate staffing and training of health professionals to diagnose

and care for victims of bioterrorism, extending the electronics

communications networks and training personnel, and

improving public health laboratories.

(2) Improving hospital response capabilities by assisting

hospitals in developing plans for a bioterrorist attack and

improving the surge capacity of hospitals.

(3) Upgrading the bioterrorism capabilities of the Centers

for Disease Control and Prevention through improving rapid

identification and health early warning systems.

(4) Improving disaster response medical systems, such as

the National Disaster Medical System and the Metropolitan

Medical Response System and Epidemic Intelligence Service.

(5) Targeting research to assist with the development of

appropriate therapeutics and vaccines for likely bioterrorist

agents and assisting with expedited drug and device review

through the Food and Drug Administration.

(6) Improving the National Pharmaceutical Stockpile program by increasing the amount of necessary therapies

(including smallpox vaccines and other post-exposure vaccines)

and ensuring the appropriate deployment of stockpiles.

(7) Targeting activities to increase food safety at the Food

and Drug Administration.

(8) Increasing international cooperation to secure dangerous biological agents, increase surveillance, and retrain

biological warfare specialists.

SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC

PREPAREDNESS SUPPORT.

(a) IN GENERAL.—The Office for State and Local Domestic

Preparedness Support of the Office of Justice Programs shall make

a grant to each State, which shall be used by the State, in conjunction with units of local government, to enhance the capability of

State and local jurisdictions to prepare for and respond to terrorist

acts including events of terrorism involving weapons of mass

destruction and biological, nuclear, radiological, incendiary, chemical, and explosive devices.

(b) USE OF GRANT AMOUNTS.—Grants under this section may

be used to purchase needed equipment and to provide training

and technical assistance to State and local first responders.

(c) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is authorized to be appropriated

to carry out this section such sums as necessary for each

of fiscal years 2002 through 2007.

(2) LIMITATIONS.—Of the amount made available to carry

out this section in any fiscal year not more than 3 percent

may be used by the Attorney General for salaries and administrative expenses.

(3) MINIMUM AMOUNT.—Each State shall be allocated in

each fiscal year under this section not less than 0.75 percent

of the total amount appropriated in the fiscal year for grants

42 USC 3711.

115 STAT. 400 PUBLIC LAW 107–56—OCT. 26, 2001

pursuant to this section, except that the United States Virgin

Islands, America Samoa, Guam, and the Northern Mariana

Islands each shall be allocated 0.25 percent.

SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE CRIME IDENTIFICATION TECHNOLOGY ACT FOR ANTITERRORISM

GRANTS TO STATES AND LOCALITIES.

Section 102 of the Crime Identification Technology Act of 1998

(42 U.S.C. 14601) is amended— (1) in subsection (b)— (A) in paragraph (16), by striking ‘‘and’’ at the end;

(B) in paragraph (17), by striking the period and

inserting ‘‘; and’’; and

(C) by adding at the end the following: ‘‘(18) notwithstanding subsection (c), antiterrorism purposes as they relate to any other uses under this section or

for other antiterrorism programs.’’; and

(2) in subsection (e)(1), by striking ‘‘this section’’ and all

that follows and inserting ‘‘this section $250,000,000 for each

of fiscal years 2002 through 2007.’’.

SEC. 1016. CRITICAL INFRASTRUCTURES PROTECTION.

(a) SHORT TITLE.—This section may be cited as the ‘‘Critical

Infrastructures Protection Act of 2001’’. (b) FINDINGS.—Congress makes the following findings:

(1) The information revolution has transformed the conduct

of business and the operations of government as well as the

infrastructure relied upon for the defense and national security

of the United States.

(2) Private business, government, and the national security

apparatus increasingly depend on an interdependent network

of critical physical and information infrastructures, including

telecommunications, energy, financial services, water, and

transportation sectors.

(3) A continuous national effort is required to ensure the

reliable provision of cyber and physical infrastructure services

critical to maintaining the national defense, continuity of

government, economic prosperity, and quality of life in the

United States.

(4) This national effort requires extensive modeling and

analytic capabilities for purposes of evaluating appropriate

mechanisms to ensure the stability of these complex and interdependent systems, and to underpin policy recommendations,

so as to achieve the continuous viability and adequate protection of the critical infrastructure of the Nation.

(c) POLICY OF THE UNITED STATES.—It is the policy of the

United States— (1) that any physical or virtual disruption of the operation

of the critical infrastructures of the United States be rare,

brief, geographically limited in effect, manageable, and minimally detrimental to the economy, human and government

services, and national security of the United States;

(2) that actions necessary to achieve the policy stated in

paragraph (1) be carried out in a public-private partnership

involving corporate and non-governmental organizations; and

(3) to have in place a comprehensive and effective program

to ensure the continuity of essential Federal Government functions under all circumstances.

Critical

Infrastructure

Protection Act of

2001.

42 USC 5195c.

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 401

(d) ESTABLISHMENT OF NATIONAL COMPETENCE FOR CRITICAL

INFRASTRUCTURE PROTECTION.—

(1) SUPPORT OF CRITICAL INFRASTRUCTURE PROTECTION AND

CONTINUITY BY NATIONAL INFRASTRUCTURE SIMULATION AND

ANALYSIS CENTER.—There shall be established the National

Infrastructure Simulation and Analysis Center (NISAC) to

serve as a source of national competence to address critical

infrastructure protection and continuity through support for

activities related to counterterrorism, threat assessment, and

risk mitigation.

(2) PARTICULAR SUPPORT.—The support provided under

paragraph (1) shall include the following:

(A) Modeling, simulation, and analysis of the systems

comprising critical infrastructures, including cyber infrastructure, telecommunications infrastructure, and physical

infrastructure, in order to enhance understanding of the

large-scale complexity of such systems and to facilitate

modification of such systems to mitigate the threats to

such systems and to critical infrastructures generally.

(B) Acquisition from State and local governments and

the private sector of data necessary to create and maintain

models of such systems and of critical infrastructures generally.

(C) Utilization of modeling, simulation, and analysis

under subparagraph (A) to provide education and training

to policymakers on matters relating to—

(i) the analysis conducted under that subparagraph;

(ii) the implications of unintended or unintentional

disturbances to critical infrastructures; and

(iii) responses to incidents or crises involving critical infrastructures, including the continuity of government and private sector activities through and after

such incidents or crises.

(D) Utilization of modeling, simulation, and analysis

under subparagraph (A) to provide recommendations to

policymakers, and to departments and agencies of the Federal Government and private sector persons and entities

upon request, regarding means of enhancing the stability

of, and preserving, critical infrastructures.

(3) RECIPIENT OF CERTAIN SUPPORT.—Modeling, simulation,

and analysis provided under this subsection shall be provided,

in particular, to relevant Federal, State, and local entities

responsible for critical infrastructure protection and policy.

(e) CRITICAL INFRASTRUCTURE DEFINED.—In this section, the

term ‘‘critical infrastructure’’ means systems and assets, whether

physical or virtual, so vital to the United States that the incapacity

or destruction of such systems and assets would have a debilitating

impact on security, national economic security, national public

health or safety, or any combination of those matters.

115 STAT. 402 PUBLIC LAW 107–56—OCT. 26, 2001

LEGISLATIVE HISTORY—H.R. 3162:

CONGRESSIONAL RECORD, Vol. 147 (2001):

Oct. 23, 24, considered and passed House.

Oct. 25, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Oct. 26, Presidential remarks.

Æ

(f) AUTHORIZATION OF APPROPRIATIONS.—There is hereby

authorized for the Department of Defense for fiscal year 2002,

$20,000,000 for the Defense Threat Reduction Agency for activities

of the National Infrastructure Simulation and Analysis Center

under this section in that fiscal year.

Approved October 26, 2001.