Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
PL 107-56 (H.R.3162), enacted 10/26/2001

115 STAT. 272 
PUBLIC LAW 107-56—OCT. 26, 2001 
Public Law 107-56 
107th Congress 
An Act 
Oct. 26, 2001 
[H.R. 3162] 
Uniting and 
Strengthening 
America by 
Providing 
Appropriate 
Tools Required to 
Intercept and 
Obstruct 
Terrorism (USA 
PATRIOT ACT) 
Act of 2001. 
18 u s e 1 note. 
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 emer-
gencies. 
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 EISA 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 EISA. 
Sec. 215. Access to records and other items under the Foreign Intelligence Surveil-
lance Act. 
Sec. 216. Modification of authorities relating to use of pen registers and trap and 
trace devices. 
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 ANTI-
TERRORIST FINANCING ACT OF 2001 
Sec. 301. Short title. 
Sec. 302. Findings and purposes. 
Sec. 303. 4-year congressional review; expedited consideration. 
Subtitle A—International Counter 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 ac-
counts. 
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 record-
keeping 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 employ-
ment references. 
Sec. 356. Reporting of suspicious activities by securities brokers and dealers; in-
vestment company study. 
Sec. 357. Special report on administration of bank secrecy provisions. 
Sec. 358. Bank secrecy provisions and activities of United States intelligence agen-
cies 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 in-
formation in the criminal history records of visa applicants and appli-
cants 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 re-
view. 
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. Disclosiu'e 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 Federal-
State-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. 
Definition of domestic terrorism. 
Proliibition against harboring terrorists. 
Jurisdiction over crimes committed at U.S. facilities abroad. 
Material support for terrorism. 
Assets of terrorist organizations. 
Technical clarification relating to provision of material support to ter-
rorism. 
Definition of Federal crime of terrorism. 
No statute of limitation for certain terrorism offenses. 
Alternate maximum penalties for terrorism offenses. 
Penalties for terrorist conspiracies. 
Post-release supervision of terrorists. 
Inclusion of acts of terrorism as racketeering activity. 
Deterrence and prevention of cyberterrorism. 
Additional defense to civil actions relating to preserving records in re-
sponse to Government requests. 
Development and support of cybersecurity forensic capabilities. 
Expansion of the biological weapons statute. 
TITLE IX—IMPROVED INTELLIGENCE 
Responsibilities of Director of Central Intelligence regarding foreign intel-
ligence collected under Foreign Intelligence Surveillance Act of 1978. 
Inclusion of international terrorist activities within scope of foreign intel-
ligence under National Security Act of 1947. 
Sense of Congress on the establishment and maintenance of intelligence 
relationships to acquire information on terrorists and terrorist organiza-
tions. 
Temporary authority to defer submittal to Congress of reports on intel-
ligence and intelligence-related matters. 
Disclosure to Director of Central Intelligence of foreign intelligence-re-
lated information with respect to criminal investigations. 
Foreign terrorist asset tracking center. 
National Virtual Translation Center. 
Training of government officials regarding identification and use of for-
eign 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 ac-
cess 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 installa-
tions. 
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. 
18 USC 1 note. 
Any provision of this Act held to be invaUd 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 
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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 
28 use 524 note. 
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 pros-
ecute domestic or international terrorism, including, with-
out 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 appro-
priation 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 harass-
ment that many Muslim women are changing the way they 
dress to avoid becoming targets. 
(6) Many Arab ii^ericans 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 
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 back-
grounds. 
SEC. 1
0
3
. 
INCREASED FUNDING FOR THE TECHNICAL SUPPORT 
CENTER 
AT 
THE 
FEDERAL 
BUREAU 
OF 
INVESTIGATION. 
There are authorized to be appropriated for the Technical Sup-
port 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 
18 USC 3056 
INITIATIVE. 
note. 
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 infra-
structure 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: 
115 STAT. 278 
PUBLIC LAW 107-56—OCT. 26, 2001 
"(C) when the United States is engaged in armed hos-
tihties or has been attacked by a foreign country or foreign 
nationals, confiscate any property, subject to the jurisdic-
tion 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 para-
graph: 
"(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(l)(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),". 
18 u s e app. 
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMA-
TION. 
(a) AUTHORITY TO SHARE GRAND JURY INFORMATION.— 
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 enforce-
ment, intelligence, protective, immigration, national 
defense, or national security official in order to assist 
the official receiving that information in the perform-
ance 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 dis-
closed 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 
"(11) 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 Fed-
eral 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 elec-
tronic communication, or evidence derived therefrom, may disclose 
such contents to any other Federal law enforcement, intelligence, 
protective, immigration, national defense, or national security offi-
cial to the extent that such contents include foreign intelligence 
or counterintelligence (as defined in section 3 of the National Secu-
rity 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 perform-
ance of his official duties. Any Federal official who receives informa-
tion 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 informa-
tion.". 
(2) DEFINITION.—Section 2510 of title 18, United States 
Code, is amended by— 
(A) in paragraph (17), by striking "and" after the semi-
colon; 
(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 for-
eign power or an agent of a foreign power; or 
"(iii) clandestine intelligence activities by an intel-
ligence 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.". 
18 use 2517 
(c) PROCEDURES.—The Attorney General shall estabhsh proce-
iiote. 
dures for the disclosure of information pursuant to section 2517(6) 
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.— 
50 use 403-5d. 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, it shall be lawful for foreign intelligence or counterintel-
ligence (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 intel-
ligence 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 intel-
ligence 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 
28 USC 532 note. 
OF INVESTIGATION. 
(a) AUTHORITY.—The Director of the Federal Bureau of Inves-
tigation is authorized to expedite the emplojnnent of personnel 
as translators to support counterterrorism investigations and oper-
ations 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). 
115 STAT. 282 
PUBLIC LAW 107-56—OCT. 26, 2001 
(c) REPORT.—The Attorney General shall report to the Commit-
tees 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 Intel-
ligence 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 applica-
tion or for 120 days, whichever is less". 
(2) PHYSICAL SEARCH.—Section 304(d)(1) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended 
b y -
(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 Intel-
ligence 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 surveil-
lance 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 Intel-
ligence 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 WAR-
RANTS. 
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 redesig-
nated 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 dnd 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 sub-
scriber 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 COMMUNICA-
TIONS 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 govern-
mental entity."; 
(C) in subsection (b), by striking "EXCEPTIONS.—^A per-
son 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 fol-
lowing: 
"(C) if the provider reasonably believes that an emer-
gency involving immediate danger of death or serious phys-
ical injury to any person requires disclosure of the informa-
tion 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 
r 
"(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 disclo-
sure 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 subpara-
graph (B), a provider of electronic communication 
service or remote computing service may" and inserting 
"A governmental entity may require a provider of elec-
tronic 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 govern-
mental 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 govern-
mental entity" and inserting ")"; 
(iii) by redesignating subparagraph (C) as para-
graph (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 i
f
— 
"(1) the court finds reasonable cause to believe that pro-
viding 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 prop-
erty, 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 con-
cerning international terrorism" and inserting "for any inves-
tigation to obtain foreign intelligence information not con-
cerning a United States person or to protect against inter-
national terrorism or clandestine intelligence activities, pro-
vided 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 clan-
destine 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 identi-
fier, 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 Intelhgence 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 inter-
national terrorism or clandestine intelligence activities, pro-
vided 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 inter-
national terrorism or clandestine intelligence activities, pro-
vided 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 FOR-
EIGN 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 
50 USC 1861. 
INTELLIGENCE AND INTERNATIONAL TERRORISM INVES-
TIGATIONS. 
"(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 investiga-
tion to protect against international terrorism or clandestine intel-
ligence 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 des-
ignated 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 
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 inter-
national 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 applica-
tion 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. 
50 u s e 1862. 
"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, modi-
fied, 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 reg-
ister"; 
(2) by inserting ", routing, addressing," after "dialing"; and 
(3) by striking "call processing" and inserting "the proc-
essing 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 applica-
tion 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 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 289 
has certified to the court that the information Ukely 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 £in 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 electroni-
cally, 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 apphes, 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 subpara-
graph (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 commu-
nication, 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 COMMUNICA-
TIONS. 
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 expecta-
tion 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 commu-
nications of a computer trespasser transmitted to, through, or from 
the protected computer, i
f
— 
"(I) the owner or operator of the protected computer author-
izes the interception of the computer trespasser's communica-
tions 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 tres-
passer'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 tres-
passer.". 
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 Surveil-
lance Act of 1978 are each amended by striking "the purpose" 
and inserting "a significant purpose". 
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM. 
18 USC app. 
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 ELEC-
TRONIC 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 
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". 
22 use 7210. 
(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 destruc-
tion or missile proliferation. 
18 u s e 3124 
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES. 
Nothing in this Act shall impose any additional technical obliga-
tion or requirement on a provider of a wire or electronic communica-
tion service or other person to furnish facilities or technical assist-
ance. A provider of a wire or electronic communication service. 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 293 
landlord, custodian, or other person who furnishes facilities or tech-
nical assistance pursuant to section 216 shall be reasonably com-
pensated for such reasonable expenditures incurred in providing 
such facilities or assistance. 
SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLO-
SURES. 
(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 ques-
tions 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 depart-
ment 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 disclo-
sure or use by an investigative or law enforcement officer or govern-
mental 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 ques-
tions 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 depart-
ment 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 Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall 
be the exclusive means by which materials governed by those sec-
tions 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 ques-
tions 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 depart-
ment 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 com-
menced under this section, the court shall consider the degree 
of similarity between the parties, witnesses, facts, and cir-
cumstances 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 oppor-
tunity 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. 
18 USC 2510 
(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 intel-
ligence investigation that began before the date on which the provi-
sions 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 EISA 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: 
115 STAT. 296 
PUBLIC LAW 107-56—OCT. 26, 2001 
International 
Money 
Laundering 
Abatement and 
Financial Anti-
Terrorism Act of 
2001. 
31 u s e 5301 
note. 
31 u s e 5311 
note. 
"(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 ANTI-
TERRORIST 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 PtHElPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) money laundering, estimated by the International Mone-
tary 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 trans-
parency 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 mecha-
nisms 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 pro-
vide anonymity, coupled with weak financial supervisory and 
enforcement regimes, provide essential tools to disguise owner-
ship and movement of criminal funds, derived from, or used 
to commit, offenses ranging from narcotics trafficking, ter-
rorism, 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 manipula-
tion by money launderers, for example corrupt foreign govern-
ment officials, particularly if those services include the creation 
of offshore accounts and facilities for large personal funds trans-
fers to channel funds into accounts around the globe; 
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 dif-
ficult, particularly in cases in which money laundering involves 
foreign persons, foreign banks, or foreign countries; 
(9) the ability to mount effective counter-measures to inter-
national 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 laun-
dering 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 laun-
dering 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 inter-
national 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 spe-
cific foreign jurisdictions, financial institutions operating out-
side of the United States, and classes of international trans-
actions 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 oper-
ating 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 pen-
alties; 
(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 exam-
ination 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. 
31 u s e 5311 
SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED CONSIDER-
note. 
ATION. 
Effective date. 
(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 Inter-
national 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 fol-
lowing new section: 
"§53I8A. Special measures for jurisdictions, Hnancial institu-
tions, or international transactions of primary 
money laundering concern 
"(a) 
INTERNATIONAL COUNTER-MONEY LAUNDERING REQUIRE-
MENTS.— 
"(1) IN GENERAL.—The Secretary of the Treasury may 
require domestic financial institutions and domestic financial 
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 regula-
tion. 
"(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 Com-
modity 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 spe-
cial measure would create a significant competitive 
disadvantage, including any undue cost or burden asso-
ciated with compliance, for financial institutions orga-
nized 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. 
89-194 0 - 03 -11 QL 3 Part 1 
115 STAT. 300 
PUBLIC LAW 107-56—OCT. 26, 2001 
"(5) N o 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 FINANCLVL 
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 con-
cerning each transaction, with respect to a jurisdiction 
outside of the United States, 1 or more financial institu-
tions 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 Sec-
retary 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 institu-
tion 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 owner-
ship 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 rep-
resentative 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 per-
mitted 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 substan-
tially 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 substan-
tially 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 Gen-
eral, 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 par-
ticular jurisdiction— 
"(i) evidence that organized criminal groups, inter-
national terrorists, or both, have transacted business 
in that jurisdiction; 
"(ii) the extent to which that jurisdiction or finan-
cial institutions operating in that jurisdiction offer 
bank secrecy or special regulatory advantages to non-
residents 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 finan-
cial 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 experi-
ence 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 juris-
diction; 
"(ii) the extent to which such institutions, trans-
actions, 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 jurisdic-
tion, 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 Deadline, 
by the Secretary of the Treasury under subsection (a)(1), the Sec-
retary 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 relation-
ship 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 
'cor-
respondent 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 'payable-
through 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 appro-
priate 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 sub-
sections (i) and (j) of section 5318. Such regulations shall 
address issues related to an individual's authority to fund, 
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 individ-
uals 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, fur-
ther 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 estab-
lishes, 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 vis-
iting 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 anti-
money laundering principles or procedures by an 
intergovernmental group or organization of which 
the United States is a member, with which des-
ignation the United States representative to the 
group or organization concurs; or 
"(II) by the Secretary of the Treasury as war-
ranting 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 pro-
vides 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 main-
tained 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 bene-
ficial 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 trans-
actions that may involve the proceeds of foreign corruption. 
"(4) DEFINITION.—For purposes of this subsection, the fol-
lowing definitions shall apply: 
"(A) OFFSHORE BANKING LICENSE.—The term 'offshore 
banking license' means a license to conduct banking activi-
ties 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 individ-
uals 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.— 
3i use 5318 
(1) REGULATORY AUTHORITY.—Not later than 180 days after note^, 
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. 
115 STAT. 306 
PUBLIC LAW 107-56—OCT. 26, 2001 
under section 5318(i)(l) 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 enforce-
ability 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 sub-
paragraphs (A) through (G) of section 5312(a)(2) (in this sub-
section 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 regula-
tion, 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 institu-
tion, credit union, or foreign bank described in subpara-
graph (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 deposi-
tory 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 full-
time 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) 3i use 5318 
shall take effect at the end of the 60-day period beginning on note. 
the date of enactment of this Act. 
SEC. 314. COOPERATIVE EFFORTS TO DETER MONEY LAUNDERING. 
31 USC 5311 
(a) COOPERATION AMONG FINANCIAL INSTITUTIONS, REGULATORY 
AUTHORITIES, AND LAW ENFORCEMENT AUTHORITIES.— 
(1) REGULATIONS.—The Secretary shall, within 120 days Deadline. 
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 institu-
tions information regarding individuals, entities, and organiza-
tions engaged in or reasonably suspected based on credible 
evidence of engaging in terrorist acts or money laundering 
activities. 
(2) 
COOPERATION 
AND 
INFORMATION 
SHARING 
PROCE-
DURES.—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 ter-
rorist groups, the means by which terrorist groups transfer 
funds around the world and within the United States, 
including through the use of charitable organizations, non-
profit 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 relation-
ship, between international narcotics traffickers and foreign 
terrorist organizations, the extent to which their member-
ships 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 enforce-
ment organizations. 
(3) CONTENTS.—The regulations adopted pursuant to para-
graph (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 organiza-
tions identified, pursuant to paragraph (1); and 
(B) further establish procedures for the protection of 
the shared information, consistent with the capacity, size. 
115 STAT. 308 
PUBLIC LAW 107-56—OCT. 26, 2001 
and nature of the institution to which the particular proce-
dures 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 finan-
cial 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 activi-
ties. 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 laun-
dering activities shall not be liable to any person under any law 
or regulation of the United States, any constitution, law, or regula-
tion 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 activi-
ties 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 FINANCL\L SERVICES INDUSTRY ON SUS-
PICIOUS FINANCIAL ACTIVITIES.—^At least semiannually, the Sec-
retary shall— 
(1) publish a report containing a detailed analysis identi-
fying patterns of suspicious activity and other investigative 
insights derived from suspicious activity reports and investiga-
tions 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 misappro-
priation, 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 unlaw-
ful 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 con- 18 use 983 note, 
fiscated 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, 
is USC 983 note. 
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.— 
i8 use 983 note. 
(1) PROTECTION OF RIGHTS.—The exclusion of certain provi-
sions 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 
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 (lEEPA) (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 subpara-
graphs (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 sub-
section (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 agree-
ment, 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)(l) 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 termi-
nation would be in the interest of justice and would not 
harm the national interests of the United States. 
"(2) N o 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 Govern-
ment to rely on the application of section 984. 
"(3) CLAIMS BROUGHT BY OWNER OF THE FUNDS.—If a for-
feiture action is instituted against funds restrained, seized, 
or arrested under paragraph (1), the owner of the funds depos-
ited 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 fol-
lowing 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 inter-
mediary in the transfer of the funds into the inter-
bank account. 
"(ii) EXCEPTION.—The foreign bank may be consid-
ered 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 wrong-
doing committed by the foreign bank; or 
"(II) the foreign bank establishes, by a prepon-
derance 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 PRO-
GRAMS.— 
"(1) DEFINITIONS.—For purposes of this subsection, the fol-
lowing 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(12U.S.C. 1813). 
"(B) INCORPORATED TERM.—The term 'correspondent 
account' has the same meaning as in section 5318A(f)(l)(B). 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 313 
"(2) 120-HOUR RULE.—Not later than 120 hours after Deadline, 
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 institu-
tion, a covered financial institution shall provide to the appro-
priate 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 sub-
poena to any foreign bank that maintains a cor-
respondent 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 sum-
mons 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 assist-
ance. 
"(B) ACCEPTANCE OF SERVICE.— 
"(i) 
MAINTAINING 
RECORDS 
IN THE UNITED 
STATES.—^Any covered financial institution which main-
tains 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 DeadUne. 
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 cov-
ered financial institution shall terminate any cor-
respondent 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. 
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 cor-
respondent relationship in accordance with this sub-
section. 
"(iii) 
FAILURE 
TO 
TERMINATE 
RELATIONSHIP.— 
Failure to terminate a correspondent relationship in 
accordance with this subsection shall render the cov-
ered financial institution liable for a civil penalty of 
up to $10,000 per day until the correspondent relation-
ship is so terminated.". 
31 use 5318 
(c) GRACE PERIOD.—Financial institutions shall have 60 days 
°ote. 
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 dili-
gence; 
"(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 prop-
erty under subsection (p), shall be punishable as a civil 
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 dis-
tribution 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 INCLUDED.—For purposes of this Act and any amend- 
31USC 5318 
ment made by this Act to any other provision of law, the term note. 
"Federal functional regulator" includes the Commodity Futures 
Trading Commission. 
SEC. 322. C O R P O R A T I O N 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 corpora-
tion 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 para-
graph (2): 
"(3) PRESERVATION OF PROPERTY.— 
"(A) IN GENERAL.—To preserve the availability of prop-
erty 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 affi-
davit describing the nature of the proceeding or inves-
tigation 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 for-
feiture at the conclusion of such proceeding; or 
"(ii) may register and enforce a restraining order 
that has been issued by a court of competent jurisdic-
tion 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 accord-
ance 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". 
31 use 5311 
SEC. 324. REPORT AND RECOMMENDATION. 
Deadline. 
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 legisla-
tive action with respect to this subtitle as the Secretary may deter-
mine to be necessary or advisable. 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 317 
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 pre-
scribe regulations under this subsection that govern mainte-
nance 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 writ-
ten procedures governing the documentation of all trans-
actions involving a concentration account, which procedures 
shall ensure that, any time a transaction involving a con-
centration 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: 
"(1) IDENTIFICATION AND VERIFICATION OF ACCOUNTHOLDERS.— 
"(1) IN GENERAL.—Subject to the requirements of this sub- Regulations. 
section, the Secretary of the Treasury shall prescribe regula-
tions setting forth the minimum standards for financial institu-
tions 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 institu-
tion 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 regula-
tions under this subsection, the Secretary shall take into consid-
eration the various types of accounts maintained by various 
types of financial institutions, the various methods of opening 
115 STAT. 318 
PUBLIC LAW 107-56—OCT. 26, 2001 
accounts, and the various types of identifying information avail-
able. 
"(4) CERTAIN FINANCIAL INSTITUTIONS.—In the case of any 
financial institution the business of which is engaging in finan-
cial 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 Commis-
sion), the regulations prescribed by the Secretary under para-
graph (1) shall be prescribed jointly with each Federal func-
tional regulator (as defined in section 509 of the Gramm-Leach-
Bliley Act, including the Commodity Futures Trading Commis-
sion) 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 sub-
section 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.". 
Deadline. 
(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 rec-
ommendations 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, com-
parable 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 institu-
tions 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 institu-
tions and agencies. 
SEC. 327. CONSILttJRATION OF ANTI-MONEY L A U N I W : R I N G RECOilD. 
(a) BANK HOLDING COMPANY ACT OF 1956.— 
(1) IN GENERAL.—Section 3(c) of the Bank Holding Com-
pany 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.". 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 319 
(2) SCOPE OF APPLICATION.—^The amendment made by para- 12USC1842 
graph (1) shall apply with respect to any application submitted 
^o^. 
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 Insur-
ance 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 para- 
12 USC 1828 
graph (1) shall apply with respect to any application submitted ^
^
o
t
^
-
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 
31USC 5311 
ORIGINATORS OF WIRE TRANSFERS. 
note. 
The Secretary shall— 
(1) in consultation with the Attorney General and the Sec-
retary of State, take all reasonable steps to encourage foreign 
governments to require the inclusion of the name of the origi-
nator 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. C R I M I N A L PENALTIES. 
31 USC 5311 
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 an3^hing of value personally 
or for any other person or entity in return for— 
(1) being influenced in the performance of any official act; 
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 Presi-
dent 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 super-
visory agencies and other officials of any foreign country the finan-
cial 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 laun-
dering 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 trea-
ties, and international agreements to— 
(1) ensure that foreign banks and other financial institu-
tions maintain adequate records of transaction and account 
information relating to any foreign terrorist organization (as 
designated under section 219 of the Immigration and Nation-
ality Act), any person who is a member or representative of 
any such organization, or any person engaged in money laun-
dering 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 disclo-
sure, 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 disclo-
sure 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 govern-
ment 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 institu-
tion, 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 Govern-
ment or of any State, local, tribal, or territorial govern-
ment 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 
REF-
ERENCES.— 
"(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 employ-
' 
ment reference that is provided in accordance with 
115 STAT. 322 
PUBLIC LAW 107-56—OCT. 26, 2001 
the rules of a self-regulatory organization reg-
istered with the Securities and Exchange Commis-
sion or the Commodity Futures Trading Commis-
sion, 
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 laun-
dering 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.". 
31 use 5318 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
note- 
shall take effect at the end of the 180-day period beginning on 
the date of enactment of this Act. 
31 use 5318 
(c) DATE OF APPLICATION OF REGULATIONS; FACTORS TO B E 
note. 
TAKEN INTO ACCOUNT.—Before the end of the 180-day period begin-
ning on the date of enactment of this Act, the Secretary shall 
prescribe regulations that consider the extent to which the require-
ments 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 REQUIRE-
MENTS, 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 pre-
scribed under section 21 of the Federal Deposit Insurance Act 
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 vio-
lating this subchapter or a regulation prescribed"; and 
(B) by inserting ", or willfully violating a regulation 
prescribed under section 21 of the Federal Deposit Insur-
ance 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 vio-
lating this subchapter or a regulation prescribed"; and 
(B) by inserting "or willfully violating a regulation 
prescribed under section 21 of the Federal Deposit Insur-
ance 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 regula-
tion prescribed under section 21 of the Federal Deposit Insur-
ance 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 regula-
tion 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 TAR-
GETING 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 con-
cerning 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 
31 u s e 5318 
note. 
Regulations. 
Federal Register, 
publication. 
31 u s e 5318 
note. 
31 u s e 5311 
note. 
Deadline. 
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 SUS-
PICIONS OF INVOLVEMENT IN ILLEGAL ACTIVITY.— 
"(1) AUTHORITY TO DISCLOSE INFORMATION.—Notwithstand-
ing any other provision of law, any insured depository institu-
tion, 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 institu-
tion-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 provi-
sion 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 BRO-
KERS AND DEALERS; INVESTMENT COMPANY STUDY. 
(a) DEADLINE FOR SUSPICIOUS ACTIVITY REPORTING REQUIRE-
MENTS 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 Con-
gress on recommendations for effective regulations to apply 
the requirements of subchapter II of chapter 53 of title 31, 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 325 
United States Code, to investment companies pursuant to sec-
tion 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 Invest-
ment 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 dif-
ferent 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 promul-
gate 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 Deadline. 
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 pro-
grams 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 responsi-
bility 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. 
115 STAT. 326 
PUBLIC LAW 107-56—OCT. 26, 2001 
SEC. 358. BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED 
STATES INTELLIGENCE AGENCIES TO FIGHT INTER-
NATIONAL 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 counterintel-
ligence 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 ", super-
visory 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.—Sec-
tion 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 PUR-
POSE.— 
"(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 pro-
tect against damestic 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 pro-
ceedings 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 unin-
sured 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 anal-
yses 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 des-
ignated as section 624 (15 U.S.C. 168lu) (relating to disclo-
sure 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 
15 USC I68lv. 
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 
115 STAT. 328 
PUBLIC LAW 107-56—OCT. 26, 2001 
12 u s e 1829b 
note. 
a written certification by such government agency that such 
information is necessary for the agency's conduct or such investiga-
tion, 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 des-
ignated 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: 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 329 
"(1) 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 Deadline. 
of this Act, the Secretary of the Treasury shall report to Congress 31USC 5311 
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 laun-
dering and regulatory controls relating to underground money move-
ment 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 DIREC- 
22 USC 262p-4r. 
TORS. 
(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 "inter-
national 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.— 
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 activi-
ties, 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 require-
ments, 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 trans-
actions and relationships, foreign currency trans-
actions, 
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 inter-
national 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 appro-
priate Federal, State, local, and foreign law enforce-
ment agencies; 
"(ii) support ongoing criminal financial investiga-
tions and prosecutions and related 
proceedings, 
including civil and criminal tax and forfeiture pro-
ceedings; 
"(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 spe-
cial 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 counter-
intelligence 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 commu-
nications 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 regu-
latory agencies with regard to financial institutions, and 
appropriate Federal, State, local, and foreign law enforce-
ment 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, orga-
nized 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 compli-
ance with criminal and tax laws. 
"(G) Provide computer and data support and data anal-
ysis 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 laun-
dering 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 government-
wide data access service and the financial crimes communications 
center maintained by FinCEN which provide— 
"(1) for the coordinated and efficient transmittal of informa-
tion 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 main-
tained by the Network; 
"(B) what limits are to be imposed on the use of such 
information; and 
89-194 O - 03 -12 QL 3 Part 1 
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.". 
31 use 5314 
(b) COMPLIANCE WITH REPORTING REQUIREMENTS.—The Sec-
Qote. 
retary 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 there-
after. 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.". 
31 u s e 310 note. 
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 net-
work; and 
(2) provides financial institutions with alerts and other 
information regarding suspicious activities that warrant imme-
diate 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 LAUN-
DERING 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 
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 enforce-
ment 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 pre-
scribed 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 identifica-
tion 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 identifica-
tion of the person filing the report, as the Secretary may 
prescribe. 
"(c) EXCEPTIONS.— 
"(1) AMOUNTS RECEIVED BY FINANCIAL INSTITUTIONS.—Sub-
section (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 pre-
scribed 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 sub-
sections (c) and (d), respectively; and 
(B) by inserting after subsection (a) the following new 
subsection: 
"(b) DOMESTIC COIN AND CURRENCY TRANSACTIONS INVOLVING 
NONFINANCIAL TRADES O
R 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 mate-
rial 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 struc-
ture or assist in structuring, any transaction with 1 or more 
nonfmancial 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 para-
graphs (5) and (6), respectively; and 
(B) by inserting after paragraph (3) the following new 
paragraph: 
"(4) NONFINANCIAL TRADE OR BUSINESS.—The term 'non-
financial 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 busi-
ness.". 
(f) REGULATIONS.—Regulations which the Secretary determines Publication. 
are necessary to implement this section shall be published in final 
^^^U^*-' ^^^^ 
form before the end of the 6-month period beginning on the date 
of enactment of this Act. 
note. 
SEC. 
366. EFFICIENT USE OF CURRENCY TRANSACTION REPORT 
31USC 5313 
SYSTEM. 
note. 
(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 
115 STAT. 336 
PUBLIC LAW 107-56—OCT. 26, 2001 
with effective law enforcement, the Congress reformed the cur-
rency transaction report exemption requirements to provide— 
(A) mandatory exemptions for certain reports that had 
Httle 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 inter-
fering 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 utiliza-
tion 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 recommenda-
tions 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. 
31 use 5332 
(a) FINDINGS.—The Congress finds the following: 
note. 
(1) Effective enforcement of the currency reporting require-
ments 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 cash-
based businesses to avoid using traditional financial institu-
tions. 
(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 
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— 
31USC 5332 
(1) to make the act of smuggling bulk cash itself a criminal note. 
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.—Sub-
chapter 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 convey-
ance, 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 sec-
tion, the concealment of currency on the person of any indi-
vidual includes concealment in any article of clothing worn 
115 STAT. 338 
PUBLIC LAW 107-56—OCT. 26, 2001 
by the individual or in any luggage, backpack, or other con-
tainer worn or carried by such individual. 
"(b) PENALTY.— 
"(1) TERM OF IMPRISONMENT.—^A person convicted of a cur-
rency 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 sen-
tence 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 defend-
ant 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 gov-
erned 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 viola-
tion 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 gov-
erning 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, super-
vises, directs, or owns all or part of an unlicensed money transmit-
ting business, shall be fined in accordance with this title or impris-
oned 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 busi-
ness registration requirements under section 5330 of title 
31, United States Code, or regulations prescribed under 
such section; or 
"(C) otherwise involves the transportation or trans-
mission 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(aXl)(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 elec-
tronic 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 pun-
ished as is provided for the like offense within the United 
States". 
(b) OBLIGATIONS OR SECURITIES OF THE UNITED STATES.—Sec-
tion 471 of title 18, United States Code, is amended by striking 
"fifteen years" and inserting "20 years". 
(c) UTTERING COUNTERFEIT OBLIGATIONS OR SECURITIES.—Sec-
tion 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 SECURI-
TIES.—Section 479 of title 18, United States Code, is amended 
by striking "three years" and inserting "20 years". 
(c) POSSESSING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURI-
TIES.—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. 
3
7
6
. 
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 jurisdic-
tion 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 Imrnigration and Naturalization 
Service on the Northern border. 
SEC. 
402. 
NORTHERN 
BORDER 
PERSONNEL. 
Appropriation 
There are authorized to be appropriated— 
authorization. 
(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 
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 moni-
toring 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 author-
ized 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-effec-
tive and efficient means of sharing the information. 
"(d) For purposes of administering this section, the Department Deadline, 
of State shall, prior to receiving access to NCIC data but not Regulations, 
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 
115 STAT. 344 
PUBLIC LAW 107-56—OCT. 26, 2001 
Deadline. 
8 u s e 1105 note. 
8 u s e 1379. 
Deadline. 
Deadline. 
"(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 destruc-
tion 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 intel-
ligence 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 pursu-
ant 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 para-
graph (2), once implemented, shall be readily and easily acces-
sible 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 pri-
vacy 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 
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 8USC iiosnote. 
any other law, shall be construed to limit the authority of the 
Attorney General or the Director of the Federal Bureau of Investiga-
tion to provide access to the criminal history record information 
contained in the National Crime Information Center's (NCIC) Inter-
state 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 Naturaliza-
tion 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 FESfGERPRINT 
8 USC 1379 note. 
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 Sec-
retary 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 (lAFIS) 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)— 
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 ter-
rorist activity the Secretary of State has deter-
mined 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 sub-
clauses: 
"(VI) has used the alien's position of promi-
nence 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 
Greneral 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 
"(HI) to gather information on potential tar-
gets 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 (viXIII), unless the solicitor can dem-
onstrate that he did not know, and should 
not reasonably have known, that the solicita-
tion 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 sup-
port, 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 com-
mitted 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 dem-
onstrate 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 Sec-
retary 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; 
"(11) 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 activi-
ties 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 individ-
uals, 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 Nation-
ality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking 
"or (IV)" and inserting "(IV), or (VI)". 
8 u s e 1182 note. 
(c) RETROACTIVE APPLICATION OF AMENDMENTS.— 
(1) IN GENERAL.—Except as otherwise provided in this sub-
section, 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. 
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 des-
ignated 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 amend-
ments 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 reason-
able 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.—Sec-
tion 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 Authoriza-
' 
tion 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.— 
Classified 
"(i) 
To 
CONGRESSIONAL 
LEADERS.—Seven 
days 
information. 
before making a designation under this subsection, 
the Secretary shall, by classified communication, notify 
the Speaker and Minority Leader of the House of Rep-
resentatives, 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 
115 STAT. 350 
PUBLIC LAW 107-56—OCT. 26, 2001 
intent to designate an organization under this sub-
section, together with the findings made under para-
graph (1) with respect to that organization, and the 
factual basis therefor. 
"(ii) PUBLICATION IN FEDERAL REGISTER.—The Sec-
retary 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 redesigna-
tion."; 
(8) in paragraph (6)(A)— 
(A) by inserting "or a redesignation made under para-
graph (4)(B)" after "paragraph (1)"; 
(B) in clause (i)-— 
(i) by inserting "or redesignation" after "designa-
tion" 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 "para-
graph (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 cus-
tody 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 reason-
able 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 dele-
gate such authority. 
"(5) COMMENCEMENT OF PROCEEDINGS.—The Attorney Gen-
eral 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 addi-
tional 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 JUDICLVL 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 
8 u s e 1226a. 
Deadline. 
115 STAT. 352 
PUBLIC LAW 107-56—OCT. 26, 2001 
with this subsection. Except as provided in the preceding sen-
tence, 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 provi-
sion of law, including section 2241(a) of title 28, United 
States Code, habeas corpus proceedings described in para-
graph (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 jurisdic-
tion 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 fmal 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 re-
view.". 
Deadline. 
(c) REPORTS.—Not later than 6 months after the date of the 
8 use 1226a 
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. 
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 govern-
ment 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, inves-
tigating, or punishing acts that would constitute a crime 
in the United States, including, but not limited to, ter-
rorism 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. 
8 USC 1365a 
(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 Sec-
retary of the Treasury, and the Office of Homeland Secu-
rity, 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 author-
ized 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 
115 STAT. 354 
PUBLIC LAW 107-56—OCT. 26, 2001 
8 u s e 1365a 
note. 
8 u s e 1372 note. 
(2) the development of tamper-resistant documents read-
able 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. 
Deadline. 
(d) REPORT ON SCREENING INFORMATION.—Not l a t e r t h a n 12 
months after the date of enactment of this Act, the Office of Home-
land 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 Gen-
eral, in consultation with the Secretary of State, shall fully imple-
ment 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)). 
8 u s e 1372 note. 
(b) INTEGRATION WiTH PORT OF ENTRY INFORMATION.—For e a c h 
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 edu-
cation" 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 edu-
cation" 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. 
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 tamper-
resistant 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 REQUIRE-
MENT.—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 Nation-
ality 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 Sec-
retary of State finds that the program country— 
"(i) is making progress toward ensuring that pass-
ports 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. 
Effective date. 
Termination 
date. 
Termination 
date. 
8 u s e 1187 note. 
Effective date. 
Termination 
date. 
8 u s e 1187 note. 
Effective date. 
Termination 
date. 
8 u s e 1201 note. 
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 Sec-
retary 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 Nation-
ality 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 tJ.S.C. 
1101(a(27)), ifthealien-
Cl) 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 sub-
section 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 non-
immigrant 
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 sec-
tion 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 termi-
nated (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 sub-
section 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 para-
graph (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 subpara-
graph (A)(ii), any death of a principal alien that is described 
in paragraph (l)(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)(l)(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 o
f
— 
(A) the date such lawful nonimmigrant status other-
wise 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 o
f
— 
(i) a principal alien described in subparagraph (A); 
or 
(ii) an alien who died as a direct result of a speci-
fied terrorist activity. 
115 STAT. 358 
PUBLIC LAW 107-56—OCT. 26, 2001 
(3) AUTHORIZED EMPLOYMENT.—During the period in which 
a principal ahen or aUen 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 law-
fully present in the United States as a nonimmigrant on Sep-
tember 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 unlaw-
fully 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 other-
wise 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 applica:tion 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 other-
wise 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 imme-
diate 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 Sep-
tember 30, 2001. 
(4) CIRCUMSTANCES PREVENTING TIMELY ACTION.—For pur-
poses 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 Umitations 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 aUen 
that expires or expired before December 31, 2001, if the aUen 
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 sub-
title. 
(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 sec-
tion 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)(l)(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)(l)(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)(2XA)(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 consid-
ered, for purposes of section 201(b) of the Immigration 
and Nationality Act (8 U.S.C. 1151(b)), to remain an imme-
diate relative after the date of the citizen's death (regard-
less 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 classi-
fication 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 pref-
erence 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 family-
sponsored 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 para-
graph 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 para-
graph if the ahen— 
(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 resi-
dence 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 applica-
tion; 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 applica-
tion. 
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 provi-
sion of this subtitle. 
SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOY-
MENT. 
(a) IN GENERAL.—The Attorney General shall establish appro-
priate 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 para-
graph (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 sub-
title, 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 
18 USC 3071 
COMBAT TERRORISM. 
note. 
(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 Notice. 
Chairmen and ranking minority members of the Committees Deadline, 
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 pursu-
ant to any such offer shall count toward any such aggregate 
reward spending limitation. 
89-194 O - 03 -13 QL 3 Part 1 
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 (Pubhc 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 dismanthng an organiza-
tion 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 IDEINfTIFICATION 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 SURVEIL-
LANCE.—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)(l) 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 inves-
tigate 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)(l) 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 inter-
national 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 activi-
ties, 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 Assist-
ant 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 pro-
tected 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. 168 lu) 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 lly 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 com-
petent jurisdiction for an ex parte order requiring an edu-
cational 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 para- Courts. 
graph (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 
115 STAT. 368 
PUBLIC LAW 107-56—OCT. 26, 2001 
Certification. 
Courts. 
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 sub-
section.". 
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, des-
ignated by the Attorney General) may submit a written applica-
tion 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 para-
graph (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.". 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 369 
TITLE VI—PROVIDING FOR VICTIMS OF 
TERRORISM, PUBLIC SAFETY OFFI-
CERS, AND THEIR FAMILIES 
Subtitle A—^Aid to Families of Public 
Safety Officers 
SEC. 
611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFICERS 
42 USC 3796c-l. 
INVOLVED 
IN 
THE 
PREVENTION, 
INVESTIGATION, 
RESCUE, OR RECOVERY EFFORTS RELATED TO A TER-
RORIST ATTACK. 
(a) IN GENERAL.—Notwithstanding the hmitations 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 bene-
ficiaries, 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 "cata-
strophic 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) Ante, p. 219. 
is amended by— 
(1) inserting before "by a" the following: "(containing identi-
fication 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". 
115 STAT. 370 
PUBLIC LAW 107-56—OCT. 26, 2001 
42 use 3796 
(b) APPLICABILITY.—The amendment made by subsection (a) 
oote. 
shall apply to any death or disability occurring on or after January 
1, 200L 
SEC. 614. OFFICE OF JUSTICE PROGRAMS. 
Section 112 of title I of section 101(b) of division A of Public 
42 use 3751 
Law 105-277 and section 108(a) of appendix A of Public Law 
note. 
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; AVAIL-
ABILITY 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 distrib-
uted from"; 
(2) in subparagraph (A), by striking "48.5" and inserting 
"47.5"; 
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 para-
graphs (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 inter-
national terrorism under section 1404C. 
"(C) Amounts in the antiterrorism emergency reserve estab-
lished 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 42USCi060i 
the Crime Victims Fund for use in responding to the airplane note. 
hijackings and terrorist acts (including any related search, rescue, 
relief, assistance, or other similar activities) that occurred on Sep-
tember 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 ASSIST-
ANCE.—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 
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 max-
imum 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".—Sec-
tion 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 ter-
rorism,"; 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,". 
49 use 40101 
(2) COMPENSATION.—With respect to any compensation pay-
note, 
able 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 pursu-
ant 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 assist-
ance 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 VIC-
TIMS.—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; 
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 non-
governmental organizations that provide assistance to victims of 
crime, which shall be used to provide emergency relief, including 
crisis response efforts, assistance, compensation, training and tech-
nical assistance, and ongoing assistance, including during any inves-
tigation 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)(l) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603b(a)(l)) is amended by striking "who are not persons eligible 
for compensation under title VIII of the Omnibus Diplomatic Secu-
rity 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 connec-
tion 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 
INFRA-
STRUCTURE PROTECTION 
SEC. 701. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM 
TO FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCE-
MENT 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 semi-
colon; 
(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-juris-
dictional 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 destruc-
tive 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 authoriza-
tion from the mass transportation provider; 
"(5) interferes with, disables, or incapacitates any dis-
patcher, 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 sys-
tems.". 
SEC. 802. DEFINITION X?F DOMESTIC TERRORISM. 
(a) DOMESTIC TERRORISM DEFINED.—Section 2331 of title 18, 
United States Code, is amended— 
(1) in paragraph (l)(B)(iii), by striking "by assassination 
or kidnapping" and inserting "by mass destruction, assassina-
tion, 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 
ofthe 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 inter-
national terrorism as defined in section 2331;". 
SEC. 803. P R O H I B I T I O N 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 destruc-
tion 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 tran-
scending 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, irrespec-
tive of ownership; and 
"(B) residences in foreign States and the land appur-
tenant 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 inter-
national 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, con-
ducting, 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.". 
22 u s e 7211. 
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 inter-
national airports), 81 (relating to arson within special 
maritime and territorial jurisdiction), 175 or 175b 
(relating to biological weapons), 229 (relating to chem-
ical 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 prop-
erty 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 
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 man-
slaughter of foreign officials, official guests, or inter-
nationally 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 ter-
rorism 
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 incen-
diary devices, or endangerment of human life by means 
of weapons, on aircraft), sectioi? 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 ter-
rorism 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 pre-
ceding sentence, offenses Hsted in section 3295 are subject to the 
statute of Hmitations set forth in that section. 
"(b) No LIMITATION.—Notwithstanding any other law, an indict-
ment may be found or an information instituted at any time without 
Hmitation for any offense Hsted 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.". 
18 use 3286 
(b) APPLICATION.—The amendments made by this section shall 
°ots- 
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) MATERL\L SUPPORT TO DESIGNATED FOREIGN TERRORIST 
ORGANIZATIONS.—Section 2339B(a)(l) 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.". 
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 undesig-
nated 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 HAZ-
ARDOUS 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 commis-
sion 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 fol-
lowing: ", or (G) any act that is indictable under any provision 
Hsted in section 2332b(g)(5)(B)". 
SEC. 
8
1
4
. 
DETERRENCE 
AND 
PREVENTION 
OF 
CYBERTERRORISM. 
(a) 
CLARIFICATION 
OF 
PROTECTION 
OF 
PROTECTED 
COM-
PUTERS.—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 redesig-
nated; 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, prosecu-
tion, or other proceeding brought by the United States 
only, loss resulting from a related course of conduct 
affecting 1 or more other protected computers) aggre-
gating at least $5,000 in value; 
"(ii) the modification or impairment, or potential 
modification or impairment, of the medical examina-
tion, diagnosis, treatment, or care of 1 or more individ-
uals; 
"(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 subpara-
graph (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 sub-
section (a)(5)(A)(i), or an attempt to commit an offense punish-
able 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 sub-
section (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 integ-
rity or availability of data, a program, a system, or informa-
tion;"; 
(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, con-
ducting 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, corpora-
tion, 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 fol-
lowing: "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.". 
28 use 994 note. 
(f) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CER-
TAIN 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 min-
imum term of imprisonment. 
SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRE-
SERVING 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)". 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 385 
SEC. 
816. DEVELOPMENT AND SUPPORT 
OF CYBERSECURITY 
28 USC 509 note. 
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 labora-
tories 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 computer-
related 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 Gen-
eral 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 "protec-
tive"; 
(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 pur-
pose, shall be fmed 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: 
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)(1) 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 punish-
able 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(21U.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 Nationahty 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 Immigra-
tion 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 INTEL-
LIGENCE REGARDING FOREIGN INTELLIGENCE COL-
LECTED 
UNDER 
FOREIGN INTELLIGENCE SURVEIL-
LANCE 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 para-
graph (6): 
"(6) establish requirements and priorities for foreign intel-
ligence information to be collected under the Foreign Intel-
ligence 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 MAINTE-
NANCE 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 acquisi-
tion of information on the identity, location, finances, affiliations, 
capabilities, plans, or intentions of a terrorist or terrorist organiza-
tion, 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 CON-
GRESS OF REPORTS ON INTELLIGENCE AND INTEL-
LIGENCE-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 activi-
ties of the United States Government that is required to be 
submitted to Congress by an element of the intelligence commu-
nity during the effective period of this section. 
(2) Any report or other matter that is required to be sub-
mitted 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 Depart-
ment of Justice during the effective period of this section. 
(c) EXCEPTION FOR CERTAIN REPORTS.—For purposes of sub-
section (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 intel-
ligence 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. 
Certification. 
(e) EXTENSION OF DEFERRAL.—(1) Each official specified in sub-
section (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 intel-
ligence 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 
D E F I N E D . — 
In this section, the term "element of the intelligence 
community" 
means any element of the intelligence community specified or des-
ignated 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) I N GENERAL.—Title I of the National Security Act of 1947 
(50 U.S.C. 402 et seq.) is amended— 
50USC403-5b, 
(1) by redesignating subsection 105B as section 105C; and 
403-5C. 
(2) by inserting after section 105A the following new section 
105B: 
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) 
50USC403-5b. 
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 respon-
sibilities, shall expeditiously disclose to the Director of Central 
Intelligence, pursuant to guidelines developed by the Attorney Gen-
eral 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.— Deadline. 
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 Intel-
ligence, 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 proce-
dures 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 investijgations 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 Deadline. 
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 anal-
ysis and dissemination of foreign intelligence relating to the finan-
cial capabilities and resources of international terrorist organiza-
tions. 
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 deter-
mine that it is feasible and desirable to undertake the reconfigura-
tion 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. 
DeadUne. 
(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 establish-
ment 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 sub-
section (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 sys-
tems 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 capabili-
ties 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 capabili-
ties 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 
intel-
ligence" 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 
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 IDENTI-
FICATION AND USE OF FOREIGN INTELLIGENCE. 
(a) PROGRAM REQUIRED.—The Attorney General shall, in con-
sultation 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 informa-
tion 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 ordi-
narily 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 
28 u s e 509 note. 
SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE. 
The Inspector General of the Department of Justice shall des-
ignate one official who shall— 
(1) review information and receive complaints alleging 
abuses of civil rights and civil liberties by employees and offi-
cials of the Department of Justice; 
(2) make public through the Internet, radio, television, 
and newspaper advertisements information on the responsibil-
ities 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 para-
graph (1), including a description of the use of funds appropria-
tions used to carry out this subsection. 
SEC. 1002. SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds that— 
(1) all Americans are united in condemning, in the 
strongest possible terms, the terrorists who planned and carried 
out the attacks against the United States on September 11, 
2001, and in pursuing all those responsible for those attacks 
and their sponsors until they are brought to justice; 
(2) Sikh-Americans form a vibrant, peaceful, and law-
abiding part of America's people; 
5 u s e app. 
Public 
information. 
Internet. 
Reports. 
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 Muslim-
Americans in the wake of the September 11, 2001 terrorist 
attack; 
(7) Sikh-Americans, as do all Americans, condemn acts 
of prejudice against any American; and 
(8) Congress is seriously concerned by the number of crimes 
against Sikh-Americans and other Americans all across the 
Nation that have been reported in the wake of the tragic 
events that unfolded on September 11, 2001. 
(b) SENSE OF CONGRESS.—Congress— 
(1) declares that, in the quest to identify, locate, and bring 
to justice the perpetrators and sponsors of the terrorist attacks 
on the United States on September 11, 2001, the civil rights 
and civil liberties of all Americans, including Sikh-Americans, 
should be protected; 
(2) condemns bigotry and any acts of violence or discrimina-
tion 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 prosecu-
tion for an offense under this section or section 1957 may be 
brought in— 
"(A) any district in which the financial or monetary trans-
action 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. 
Inter 
(a) GRANT AUTHORIZATION.—The Attorney General shall make feMions^^ 
grants described in subsections (b) and (c) to States and units 
28 USC 509 note. 
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 interoper-
ability 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 foliowup 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 accom-
panied 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 
115 STAT. 394 
PUBLIC LAW 107-56—OCT. 26, 2001 
Deadline. 
Records. 
Certification. 
8 use 1182 note. 
(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 LAUN-
DERING. 
(a) AMENDMENT TO IMMIGRATION AND NATIONALITY ACT.—Sec-
tion 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 laun-
dering 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 laun-
dering, 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. 
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 IDENTIFICA-
TION 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 Depart-
ment 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 Deadline. 
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 Deadline. 
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 
10 USC 2465 
STATE GOVERNMENTS FOR PERFORMANCE OF SECURITY 
note. 
FUNCTIONS AT UNITED STATES MILITARY INSTALLA-
TIONS. 
(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 Deadline, 
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 
89-194 O - 03 -14 QL 3 Part 1 
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 miUtary 
installations and facilities located within the United States. 
Crimes Against 
SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS. 
Americans Act of 
(a) SHORT TiTLE.—This Section may be cited as the "Crimes 
2001. 
Against Charitable Americans Act of 2001". 
15 use 6101 
(b) TELEMARKETING AND CONSUMER FRAUD ABUSE.—The Tele-
^°^^' 
marketing and Consumer Fraud and Abuse Prevention Act (15 
U.S.C. 6101 et seq.) is amended— 
15 use 6102. 
(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 tele-
marketing 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 
15 use 6106. 
(3) in section 7(4), by inserting ", or a charitable contribu-
tion, 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". 
Inter- 
SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 
governmental 
r -^ T 
relations. 
(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 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 397 
Transportation has first determined, upon receipt of a notifica-
tion 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 sub-
section (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 indi-
vidual, 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 comple-
tion and results of the background records check. 
"(2) SCOPE.—A background records check regarding an indi-
vidual 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 inter-
national 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 
49 use 5103a 
(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 fmds 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 destruc-
tion, 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 exper-
tise 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 pro-
grams 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 dis-
ease outbreaks, and other challenges and potential threats 
to the public health. 
PUBLIC LAW 107-56—OCT. 26, 2001 
115 STAT. 399 
(b) SENSE OF THE SENATE.—It is the sense of the Senate that 
the tjnited 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 ade-
quate 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 pro-
gram 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 dan-
gerous biological agents, increase surveillance, and retrain 
biological warfare specialists. 
SEC. 
1014. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC 
42 USC 3711. 
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 conjunc-
tion 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, chem-
ical, 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 adminis-
trative 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 
115 STAT. 400 
PUBLIC LAW 107-56—OCT. 26, 2001 
Critical 
Infrastructures 
Protection Act of 
2001. 
42 use 5195c. 
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 IDENTI-
FICATION 
TECHNOLOGY ACT FOR ANTITERRORISM 
GRANTS TO STATES AND LOCAUTIES. 
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 insert-
ing "; and"; and 
(C) by adding at the end the following: 
"(18) notwithstanding subsection (c), antiterrorism pur-
poses 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 iribrmation 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, £ind quality of life in the 
United States. 
(4) This national effort requires extensive modeling and 
anal)^ic capabilities for purposes of evaluating appropriate 
mechanisms to ensure the stability of these complex and inter-
dependent systems, emd to underpin policy recommendations, 
so as to achieve the continuous viability and adequate protec-
tion 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 mini-
mally 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 func-
tions under all circumstances. 
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 infra-
structure, 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 gen-
erally. 
(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 subpara-
graph; 
(ii) the implications of unintended or unintentional 
disturbances to critical infrastructures; and 
(iii) responses to incidents or crises involving crit-
ical infrastructures, including the continuity of govern-
ment 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 Fed-
eral 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 
(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. 
L E G I S L A T I V E H I S T O R Y — 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.