LAW 107–56—OCT. 26, 2001


  UNITING AND STRENGTHENING AMERICA BY


   PROVIDING APPROPRIATE TOOLS REQUIRED


   TO INTERCEPT AND OBSTRUCT TERRORISM


    (USA PATRIOT ACT) ACT OF 2001

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


     Public Law 107–56


     107th Congress


         An Act


   Oct. 26, 2001 To deter and punish terrorist acts in the United States and around the world,


   [H.R. 3162] to enhance law enforcement investigatory tools, and for other purposes.


     Be it enacted by the Senate and House of Representatives of
Uniting and the United States of America in Congress assembled,
Strengthening   America by SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
Providing


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


  Appropriate   Tools Required to Strengthening America by Providing Appropriate Tools Required
Interrupt and to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act
Obstruct of 2001’’.


  Terrorism (USA


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


  PATRIOT ACT)


  Act of 2001. is as follows:
18 USC 1 note. 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 FISA surveillance of non-United States persons who are


      agents of a foreign power.


     Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to warrants.
Sec. 210. Scope of subpoenas for records of electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic communications to protect life and


      limb.
Sec. 213. Authority for delaying notice of the execution of a warrant.
Sec. 214. Pen register and trap and trace authority under FISA.
Sec. 215. Access to records and other items under the Foreign Intelligence


      Surveil-lance Act.
Sec. 216. Modification of authorities relating to use of pen registers and trap and


      trace devices.

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      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.

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   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. Disclosure of educational records.


     Sec. 508. Disclosure of information from NCES surveys.


     TITLE VI—PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY


        OFFICERS, AND THEIR FAMILIES


       Subtitle A—Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers involved in the prevention,


      investigation, rescue, or recovery efforts related to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for heroic public


      safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.


      Subtitle B—Amendments to the Victims of Crime Act of 1984


     Sec. 621. Crime victims fund.


     Sec. 622. Crime victim compensation.


     Sec. 623. Crime victim assistance.


     Sec. 624. Victims of terrorism.


      TITLE VII—INCREASED INFORMATION SHARING FOR CRITICAL


        INFRASTRUCTURE PROTECTION
Sec. 701. Expansion of regional information sharing system to facilitate


      Federal-State-local law enforcement response related to terrorist attacks.

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


  TITLE VIII—STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
Sec. 801. Terrorist attacks and other acts of violence against mass transportation


    systems.


  Sec. 802. Definition of domestic terrorism.


  Sec. 803. Prohibition against harboring terrorists.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.


  Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material support to


    ter-rorism.


  Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.


  Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving records in


    re-sponse to Government requests.
Sec. 816. Development and support of cybersecurity forensic capabilities.
Sec. 817. Expansion of the biological weapons statute.


     TITLE IX—IMPROVED INTELLIGENCE
Sec. 901. Responsibilities of Director of Central Intelligence regarding foreign


    intel-ligence collected under Foreign Intelligence Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope of foreign


    intel-ligence under National Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and maintenance of intelligence


    relationships to acquire information on terrorists and terrorist
organiza-tions.
Sec. 904. Temporary authority to defer submittal to Congress of reports on


    intel-ligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign intelligence-


    re-lated information with respect to criminal investigations.
Sec. 906. Foreign terrorist asset tracking center.


  Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and use of


    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 invalid or unenforceable
by its terms, or as applied to any person or circumstance, shall
be construed so as to give it the maximum effect permitted by
law, unless such holding shall be one of utter invalidity or
unenforceability, in which event such provision shall be deemed

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   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 USC 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 Americans and Muslim Americans have


     acted heroically during the attacks on the United States,


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


     Yorker of Pakistani descent, who is believed to have gone

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      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. 103. 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:

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


       ‘‘(C) when the United States is engaged in armed
hos-tilities 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(1)(c) of title 18, United States Code, is amended
by striking ‘‘and section 1341 (relating to mail fraud),’’ and inserting
‘‘section 1341 (relating to mail fraud), a felony violation of section
1030 (relating to computer fraud and abuse),’’.


  18 USC app. SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE


       INFORMA-TION.


     (a) AUTHORITY TO SHARE GRAND JURY INFORMATION.—

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      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

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


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


       United States person, with respect to a foreign power


       or foreign territory that relates to—


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


       the United States; or


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


       United States.’’.


      (2) CONFORMING AMENDMENT.—Rule 6(e)(3)(D) of the


     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 USC 2517 (c) PROCEDURES.—The Attorney General shall establish
note. proce-dures for the disclosure of information pursuant to section 2517(6)

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      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 USC 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 employment 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).

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   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
by—


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


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


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


     an order under this section for a physical search targeted


     against an agent of a foreign power as defined in section
101(b)(1)(A) may be for the period specified in the application
or for 120 days, whichever is less’’.


     (b) EXTENSION.—


      (1) IN GENERAL.—Section 105(d)(2) of the Foreign
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),’’.

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      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 and durations;


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


   service utilized;


    ‘‘(E) telephone or instrument number or other subscriber
number or identity, including any temporarily assigned network
address; and


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


   (including any credit card or bank account number),


  of a subscriber’’; and


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


   or customer utilized,’’.


  SEC. 211. CLARIFICATION OF SCOPE.


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


  551) is amended—


    (1) in subsection (c)(2)—


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


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


    the end and inserting ‘‘; or’’; and


    (C) by inserting at the end the following:

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   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;

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


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


   believes that an emergency involving immediate danger of


   death or serious physical injury to any person justifies


   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—

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


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


      (2) by adding at the end the following:


     ‘‘(b) DELAY.—With respect to the issuance of any warrant or
court order under this section, or any other rule of law, to search
for and seize any property or material that constitutes evidence
of a criminal offense in violation of the laws of the United States,
any notice required, or that may be required, to be given may
be delayed if—


      ‘‘(1) the court finds reasonable cause to believe that
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,

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


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


    limits of the trap and trace order.’’.


   (b) AUTHORIZATION DURING EMERGENCIES.—Section 403 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is
amended—

     (1) in subsection (a), by striking ‘‘foreign intelligence
information or information concerning international terrorism’’
and inserting ‘‘foreign intelligence information not concerning
a United States person or information to protect against
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

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   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 USC 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

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


   has certified to the court that the information likely to be
obtained by such installation and use is relevant to an ongoing
criminal investigation. The order, upon service of that order,
shall apply to any person or entity providing wire or electronic
communication service in the United States whose assistance


   may facilitate the execution of the order. Whenever such an
order is served on any person or entity not specifically named
in the order, upon request of such person or entity, the attorney
for the Government or law enforcement or investigative officer
that is serving the order shall provide written or electronic
certification that the order applies to the person or entity
being served.


    ‘‘(2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER.—
Upon an application made under section 3122(a)(2), the court
shall enter an ex parte order authorizing the installation and
use of a pen register or trap and trace device within the
jurisdiction of the court, if the court finds that the State law
enforcement or investigative officer has certified to the court
that the information likely to be obtained by such installation
and use is relevant to an ongoing criminal investigation.


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


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


   installing and using its own pen register or trap and trace


   device on a packet-switched data network of a provider of
electronic communication service to the public, the agency shall
ensure that a record will be maintained which will identify—


    ‘‘(i) any officer or officers who installed the device
and any officer or officers who accessed the device to obtain
information from the network;


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


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


    time, and duration of each time the device is accessed


    to obtain information;


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


    its installation and any subsequent modification thereof;


    and


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


    device.
To the extent that the pen register or trap and trace device
can be set automatically to record this information
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:

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


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


      the order applies, including the number or other identifier


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


      facility to which the pen register or trap and trace device


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


      authorizing installation and use of a trap and trace device
under subsection (a)(2), the geographic limits of the order;
and’’.

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


     title 18, United States Code, is amended—


       (A) by inserting ‘‘or other facility’’ after ‘‘the line’’;


      and


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


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


      the order’’.


     (c) DEFINITIONS.—


      (1) COURT OF COMPETENT JURISDICTION.—Section 3127(2)


     of title 18, United States Code, is amended by striking


     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—

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      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, if—


    ‘‘(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

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   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 USC 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 USC 3124 SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.
note.


     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,

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      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

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   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

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      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


             note.


   (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 FISA WIRETAP.


   Section 105 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805) is amended by inserting after subsection
(g) the following:

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


     ‘‘(h) No cause of action shall lie in any court against any
provider of a wire or electronic communication service, landlord,
custodian, or other person (including any officer, employee, agent,
or other specified person thereof) that furnishes any information,
facilities, or technical assistance in accordance with a court order
or request for emergency assistance under this Act.’’.


  International TITLE III—INTERNATIONAL MONEY


  Money

   Laundering LAUNDERING ABATEMENT AND


  Abatement and ANTI-TERRORIST FINANCING ACT OF 2001


  Financial

   Anti-Terrorism Act of


  2001.

   31 USC 5301 SEC. 301. SHORT TITLE.


  note.


     This title may be cited as the ‘‘International Money Laundering
Abatement and Financial Anti-Terrorism Act of 2001’’.


  31 USC 5311 SEC. 302. FINDINGS AND PURPOSES.


  note.


     (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;

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      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

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   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 USC 5311 SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED
note. CONSIDER-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:


     ‘‘ 5318A. Special measures for jurisdictions, financial


       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

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      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.

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


      ‘‘(5) NO LIMITATION ON OTHER AUTHORITY.—This section
shall not be construed as superseding or otherwise restricting
any other authority granted to the Secretary, or to any other
agency, by this subchapter or otherwise.


     ‘‘(b) SPECIAL MEASURES.—The special measures referred to in
subsection (a), with respect to a jurisdiction outside of the United
States, financial institution operating outside of the United States,
class of transaction within, or involving, a jurisdiction outside of
the United States, or 1 or more types of accounts are as follows:


      ‘‘(1) RECORDKEEPING AND REPORTING OF CERTAIN FINANCIAL


     TRANSACTIONS.—


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


      require any domestic financial institution or domestic
financial agency to maintain records, file reports, or both,
concerning the aggregate amount of transactions, or
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.

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      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

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   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 OFPRIMARY 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

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      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 Deadline.
SEC-RETARY.—Not later than 10 days after the date of any action taken
by the Secretary of the Treasury under subsection (a)(1), the
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,

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   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

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      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.— 31 USC 5318


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

              Deadline.
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

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


     under section 5318(i)(1) of title 31, United States Code, as
added by this section.


      (2) EFFECTIVE DATE.—Section 5318(i) of title 31, United
States Code, as added by this section, shall take effect 270
days after the date of enactment of this Act, whether or not
final regulations are issued under paragraph (1), and the failure
to issue such regulations shall in no way affect the
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

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      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)
31 USC 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


             note.


   (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,

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   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 FINANCIAL 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:

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      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 18 USC 983 note.
con-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,
18 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.— 18 USC 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

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


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


      Code (commonly known as the ‘‘Administrative Procedure


      Act’’).

       (2) SAVINGS CLAUSE.—Nothing in this section shall limit
or otherwise affect any other remedies that may be available
to an owner of property under section 983 of title 18, United
States Code, or any other provision of law.


     (d) TECHNICAL CORRECTION.—Section 983(i)(2)(D) of title 18,
United States Code, is amended by inserting ‘‘or the International
Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.)’’
before the semicolon.


     SEC. 317. LONG-ARM JURISDICTION OVER FOREIGN MONEY


       LAUNDERERS.
Section 1956(b) of title 18, United States Code, is amended—


      (1) by redesignating paragraphs (1) and (2) as
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.

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      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)(1) of title 31),


    the funds shall be deemed to have been deposited into


    the interbank account in the United States, and any


    restraining order, seizure warrant, or arrest warrant in


    rem regarding the funds may be served on the covered


    financial institution, and funds in the interbank account,


    up to the value of the funds deposited into the account
at the foreign bank, may be restrained, seized, or arrested.


    ‘‘(B) AUTHORITY TO SUSPEND.—The Attorney General,


    in consultation with the Secretary of the Treasury, may


    suspend or terminate a forfeiture under this section if


    the Attorney General determines that a conflict of law


    exists between the laws of the jurisdiction in which the


    foreign bank is located and the laws of the United States

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   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) NO REQUIREMENT FOR GOVERNMENT TO TRACE FUNDS.—
If a forfeiture action is brought against funds that are
restrained, seized, or arrested under paragraph (1), it shall
not be necessary for the Government to establish that the
funds are directly traceable to the funds that were deposited
into the foreign bank, nor shall it be necessary for the


     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 (12 U.S.C. 1813).


       ‘‘(B) INCORPORATED TERM.—The term ‘correspondent


      account’ has the same meaning as in section 5318A(f)(1)(B).

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      LAW 107–56—OCT. 26, 2001 115 STAT. 313


    ‘‘(2) 120-HOUR RULE.—Not later than 120 hours after
receiving a request by an appropriate Federal banking agency
for information related to anti-money laundering compliance


   by a covered financial institution or a customer of such
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 Deadline.


    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.

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   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 USC 5318 (c) GRACE PERIOD.—Financial institutions shall have 60 days
note. 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

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      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


  SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.


   Section 2466 of title 18, United States Code, is amended by
designating the present matter as subsection (a), and adding at
the end the following:


   ‘‘(b) Subsection (a) may be applied to a claim filed by a
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—

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   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 USC 5311 SEC. 324. REPORT AND RECOMMENDATION.


  note.   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.

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      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:


   ‘‘(l) IDENTIFICATION AND VERIFICATION OF ACCOUNTHOLDERS.—


    ‘‘(1) IN GENERAL.—Subject to the requirements of this Regulations.
sub-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

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   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. CONSIDERATION OF ANTI-MONEY LAUNDERING RECORD.


     (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.’’.

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      LAW 107–56—OCT. 26, 2001 115 STAT. 319


   (2) SCOPE OF APPLICATION.—The amendment made by 12 USC 1842
para-graph (1) shall apply with respect to any application submitted note.
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 12 USC 1828
para-graph (1) shall apply with respect to any application submitted note.
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 31 USC 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. CRIMINAL PENALTIES. 31 USC 5311


             note.
Any person who is an official or employee of any department,
agency, bureau, office, commission, or other entity of the Federal
Government, and any other person who is acting for or on behalf
of any such entity, who, directly or indirectly, in connection with
the administration of this title, corruptly demands, seeks, receives,
accepts, or agrees to receive or accept anything of value personally
or for any other person or entity in return for—


    (1) being influenced in the performance of any official act;

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   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

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      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

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   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 USC 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 USC 5318 (c) DATE OF APPLICATION OF REGULATIONS; FACTORS TO BE
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

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      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.’’.

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   STAT. 324 PUBLIC LAW 107–56—OCT. 26, 2001


     SEC. 355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL


       ACTIVITY IN WRITTEN EMPLOYMENT REFERENCES.


     Section 18 of the Federal Deposit Insurance Act (12 U.S.C.


     1828) is amended by adding at the end the following:


     ‘‘(w) WRITTEN EMPLOYMENT REFERENCES MAY CONTAIN


     SUS-PICIONS OF INVOLVEMENT IN ILLEGAL ACTIVITY.—


      ‘‘(1) AUTHORITY TO DISCLOSE INFORMATION.—
Notwith-standing any other provision of law, any insured depository
institution, and any director, officer, employee, or agent of
such institution, may disclose in any written employment
ref-erence relating to a current or former institution-affiliated party
of such institution which is provided to another insured
deposi-tory institution in response to a request from such other
institu-tion, information concerning the possible involvement of such
institution-affiliated party in potentially unlawful activity.


      ‘‘(2) INFORMATION NOT REQUIRED.—Nothing in paragraph
(1) shall be construed, by itself, to create any affirmative duty
to include any information described in paragraph (1) in any
employment reference referred to in paragraph (1).


      ‘‘(3) MALICIOUS INTENT.—Notwithstanding any other
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.
31 USC 5318 (a) DEADLINE FOR SUSPICIOUS ACTIVITY REPORTING
note. REQUIRE-MENTS FOR REGISTERED BROKERS AND DEALERS.—The Secretary,
Regulations.


     after consultation with the Securities and Exchange Commission
Federal Register,
publication. 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.

31 USC 5318 (b) SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS FOR
note. 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.


  31 USC 5311 (c) REPORT ON INVESTMENT COMPANIES.—
note. (1) IN GENERAL.—Not later than 1 year after the date
Deadline.


     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,

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      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.

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   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 domestic and international terrorism; and


       ‘‘(B) microfilm or other reproductions and other records


      made by insured depository institutions of checks, as well


      as records kept by such institutions, of the identity of


      persons maintaining or authorized to act with respect to


      accounts therein, have been of particular value in


      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

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      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. 1681u) (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 1681v.


    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

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   STAT. 328 PUBLIC LAW 107–56—OCT. 26, 2001


     a written certification by such government agency that such
information is necessary for the agency’s conduct or such


     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.’’.
12 USC 1829b
(h) APPLICATION OF AMENDMENTS.—The amendments made by
note. 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:

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      LAW 107–56—OCT. 26, 2001 115 STAT. 329


   ‘‘(l) APPLICABILITY OF RULES.—Any rules promulgated pursuant
to the authority contained in section 21 of the Federal Deposit
Insurance Act (12 U.S.C. 1829b) shall apply, in addition to any
other financial institution to which such rules apply, to any person
that engages as a business in the transmission of funds, including
any person who engages as a business in an informal money transfer
system or any network of people who engage as a business in
facilitating the transfer of money domestically or internationally
outside of the conventional financial institutions system.’’.


   (d) REPORT.—Not later than 1 year after the date of enactment Deadline.
of this Act, the Secretary of the Treasury shall report to Congress 31 USC 5311
on the need for any additional legislation relating to persons who note.
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 22 USC 262p–4r.


    DIREC-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.—

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   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.

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      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

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   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 USC 5314 (b) COMPLIANCE WITH REPORTING REQUIREMENTS.—The
note. Sec-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 USC 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

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      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

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   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 OR BUSINESSES.—No person shall, for the
purpose of evading the report requirements of section 5333 or
any regulation prescribed under such section—


      ‘‘(1) cause or attempt to cause a nonfinancial trade or
business to fail to file a report required under section 5333
or any regulation prescribed under such section;


      ‘‘(2) cause or attempt to cause a nonfinancial trade or
business to file a report required under section 5333 or any
regulation prescribed under such section that contains a


     mate-rial omission or misstatement of fact; or

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      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
nonfinancial trades or businesses.’’.


    (2) TECHNICAL AND CONFORMING AMENDMENTS.—


    (A) The heading for subsection (a) of section 5324 of


    title 31, United States Code, is amended by inserting


    ‘‘INVOLVING FINANCIAL INSTITUTIONS’’ after ‘‘


    TRANS-ACTIONS’’.


    (B) Section 5317(c) of title 31, United States Code,
is amended by striking ‘‘5324(b)’’ and inserting ‘‘5324(c)’’.
(c) DEFINITION
OF NONFINANCIAL TRADE OR BUSINESS.—


    (1) IN GENERAL.—Section 5312(a) of title 31, United States


   Code, is amended—


    (A) by redesignating paragraphs (4) and (5) as


    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 31 USC 5331


             note.
form before the end of the 6-month period beginning on the date
of enactment of this Act.


  SEC. 366. EFFICIENT USE OF CURRENCY TRANSACTION REPORT 31 USC 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

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   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
little usefulness for law enforcement, such as cash transfers
between depository institutions and cash deposits from


      government agencies; and


       (B) discretionary authority for the Secretary of the


      Treasury to provide exemptions, subject to criteria and
guidelines established by the Secretary, for financial
institutions with regard to regular business customers that


      maintain accounts at an institution into which frequent


      cash deposits are made.
(3) Today there is evidence that some financial institutions
are not utilizing the exemption system, or are filing reports
even if there is an exemption in effect, with the result that
the volume of currency transaction reports is once again


     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 USC 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

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      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—
31 USC 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

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   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.

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      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

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   STAT. 340 PUBLIC LAW 107–56—OCT. 26, 2001


      ‘‘(3) the term ‘State’ means any State of the United States,
the District of Columbia, the Northern Mariana Islands, and


     any commonwealth, territory, or possession of the United


     States.’’.


     (b) SEIZURE OF ILLEGALLY TRANSMITTED FUNDS.—Section
981(a)(1)(A) of title 18, United States Code, is amended by striking
‘‘or 1957’’ and inserting ‘‘, 1957 or 1960’’.


     (c) CLERICAL AMENDMENT.—The table of sections for chapter
95 of title 18, United States Code, is amended in the item relating
to section 1960 by striking ‘‘illegal’’ and inserting ‘‘unlicensed’’.


     SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.


     (a) COUNTERFEIT ACTS COMMITTED OUTSIDE THE UNITED
STATES.—Section 470 of title 18, United States Code, is amended—


      (1) in paragraph (2), by inserting ‘‘analog, digital, or


     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’’.

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      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’’.

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   STAT. 342 PUBLIC LAW 107–56—OCT. 26, 2001


     (e) FOREIGN BANK NOTES.—Section 482 of title 18, United
States Code, is amended by striking ‘‘two years’’ and inserting
‘‘20 years’’.


     (f) UTTERING COUNTERFEIT FOREIGN BANK NOTES.—Section 483
of title 18, United States Code, is amended by striking ‘‘one year’’
and inserting ‘‘20 years’’.


     SEC. 376. LAUNDERING THE PROCEEDS OF TERRORISM.


     Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ‘‘or 2339B’’ after ‘‘2339A’’.


     SEC. 377. EXTRATERRITORIAL JURISDICTION.


     Section 1029 of title 18, United States Code, is amended by


     adding at the end the following:


     ‘‘(h) Any person who, outside the jurisdiction of the United
States, engages in any act that, if committed within the jurisdiction
of the United States, would constitute an offense under subsection
(a) or (b) of this section, shall be subject to the fines, penalties,
imprisonment, and forfeiture provided in this title if—


      ‘‘(1) the offense involves an access device issued, owned,
managed, or controlled by a financial institution, account issuer,
credit card system member, or other entity within the


     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 Immigration 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

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      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

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   STAT. 344 PUBLIC LAW 107–56—OCT. 26, 2001


      ‘‘(2) to establish the conditions for the use of the information
received from the Federal Bureau of Investigation, in order—


       ‘‘(A) to limit the redissemination of such information;


       ‘‘(B) to ensure that such information is used solely


      to determine whether or not to issue a visa to an alien


      or to admit an alien to the United States;


       ‘‘(C) to ensure the security, confidentiality, and


      destruc-tion of such information; and


       ‘‘(D) to protect any privacy rights of individuals who


      are subjects of such information.’’.
Deadline. (b) REPORTING REQUIREMENT.—Not later than 2 years after
8 USC 1105 note. 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.

8 USC 1379. (c) TECHNOLOGY STANDARD TO CONFIRM IDENTITY.—
Deadline. (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.
Deadline. (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

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      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 8 USC 1105 note.
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 FINGERPRINT 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 (IAFIS) of the Federal Bureau of Investigation and other
identification systems in order to better identify a person who
holds a foreign passport or a visa and may be wanted in connection
with a criminal investigation in the United States or abroad, before
the issuance of a visa to that person or the entry or exit from
the United States by that person.


   (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated not less than $2,000,000 to carry out this section.


   Subtitle B—Enhanced Immigration


      Provisions


  SEC. 411. DEFINITIONS RELATING TO TERRORISM.


   (a) GROUNDS OF INADMISSIBILITY.—Section 212(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended—


    (1) in subparagraph (B)—


    (A) in clause (i)—

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   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


       General has reasonable grounds to believe has


       renounced the activity causing the alien to be


       found inadmissible under this section.’’;


       (E) in clause (iii) (as redesignated by subparagraph


      (B))—


       (i) by inserting ‘‘it had been’’ before ‘‘committed


       in the United States’’; and


       (ii) in subclause (V)(b), by striking ‘‘or firearm’’


       and inserting ‘‘, firearm, or other weapon or dangerous


       device’’;

        (F) by amending clause (iv) (as redesignated by


      subparagraph (B)) to read as follows:


       ‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED.—


       As used in this chapter, the term ‘engage in terrorist


       activity’ means, in an individual capacity or as a


       member of an organization—


        ‘‘(I) to commit or to incite to commit, under


       circumstances indicating an intention to cause


       death or serious bodily injury, a terrorist activity;


        ‘‘(II) to prepare or plan a terrorist activity;

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      LAW 107–56—OCT. 26, 2001 115 STAT. 347


      ‘‘(III) 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 (vi)(III), 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—

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   STAT. 348 PUBLIC LAW 107–56—OCT. 26, 2001


        ‘‘(I) designated under section 219;


        ‘‘(II) otherwise designated, upon publication


       in the Federal Register, by the Secretary of State


       in consultation with or upon the request of the


       Attorney General, as a terrorist organization, after


       finding that the organization engages in the
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 USC 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.

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      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

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   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:

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      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.— 8 USC 1226a.


    ‘‘(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 Deadline.
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 JUDICIAL REVIEW.—


    ‘‘(1) IN GENERAL.—Judicial review of any action or decision
relating to this section (including judicial review of the merits
of a determination made under subsection (a)(3) or (a)(6)) is
available exclusively in habeas corpus proceedings consistent

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   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 final order shall be subject to review, on appeal, by the
United States Court of Appeals for the District of Columbia
Circuit. There shall be no right of appeal in such proceedings
to any other circuit court of appeals.


      ‘‘(4) RULE OF DECISION.—The law applied by the Supreme
Court and the United States Court of Appeals for the District
of Columbia Circuit shall be regarded as the rule of decision
in habeas corpus proceedings described in paragraph (1).
‘‘(c) STATUTORY CONSTRUCTION.—The provisions of this section
shall not be applicable to any other provision of this Act.’’.


     (b) CLERICAL AMENDMENT.—The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 236 the following:


     ‘‘Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial


      re-view.’’.
Deadline.
(c) REPORTS.—Not later than 6 months after the date of the
8 USC 1226a enactment of this Act, and every 6 months thereafter, the Attorney
note. 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.

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      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


             note.


   (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

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   STAT. 354 PUBLIC LAW 107–56—OCT. 26, 2001


      (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 later than 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
8 USC 1365a Management Improvement Act of 2000 (Public Law 106–215) is
note. 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.
8 USC 1372 note. (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 USC 1372 note. (b) INTEGRATION WITH PORT OF ENTRY INFORMATION.—For each


     alien with respect to whom information is collected under section
641 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1372), the Attorney General, in consultation
with the Secretary of State, shall include information on the date
of entry and port of entry.


     (c) EXPANSION OF SYSTEM TO INCLUDE OTHER APPROVED
EDU-CATIONAL INSTITUTIONS.—Section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1372)
is amended—


      (1) in subsection (a)(1), subsection (c)(4)(A), and subsection
(d)(1) (in the text above subparagraph (A)), by inserting ‘‘,
other approved educational institutions,’’ after ‘‘higher


     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,

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      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 Federal Register,
to be appropriated to the Department of Justice $36,800,000 for publication.

              Termination
the period beginning on the date of enactment of this Act and


             date.
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 Termination
September 30, 2007— date.

              8 USC 1187 note.


    (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
Federal Register,
enactment of this Act, and every year thereafter until 2007, the publication.

              Termination
Secretary of State shall submit a report to Congress setting forth


             date.
the findings of the most recent audit conducted under subsection 8 USC 1187 note.
(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 Effective date.
beginning October 1, 2003, and ending September 30, 2007, Termination

              date.


    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. 8 USC 1201 note.


   (a) REVIEW.—The Secretary of State shall review how consular
officers issue visas to determine if consular shopping is a problem.

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   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 U.S.C.
1101(a(27)), if the alien—


      (1) files with the Attorney General a petition under section
204 of such Act (8 U.S.C. 1154) for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and


      (2) is otherwise eligible to receive an immigrant visa and


     is otherwise admissible to the United States for permanent
residence, except in determining such admissibility, the grounds
for inadmissibility specified in section 212(a)(4) of such Act
(8 U.S.C. 1182(a)(4)) shall not apply.


     (b) ALIENS DESCRIBED.—


      (1) PRINCIPAL ALIENS.—An alien is described in this


     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—

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      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 (1)(B)(i) shall be disregarded.


    (3) GRANDPARENTS OF ORPHANS.—An alien is described in
this subsection if the alien is a grandparent of a child, both
of whose parents died as a direct result of a specified terrorist
activity, if either of such deceased parents was, on September
10, 2001, a citizen or national of the United States or an
alien lawfully admitted for permanent residence in the United
States.

    (c) PRIORITY DATE.—Immigrant visas made available under
this section shall be issued to aliens in the order in which a
petition on behalf of each such alien is filed with the Attorney
General under subsection (a)(1), except that if an alien was assigned
a priority date with respect to a petition described in subsection
(b)(1)(A)(i), the alien may maintain that priority date.


   (d) NUMERICAL LIMITATIONS.—For purposes of the application
of sections 201 through 203 of the Immigration and Nationality
Act (8 U.S.C. 1151–1153) in any fiscal year, aliens eligible to be


  provided status under this section shall be treated as special
immigrants described in section 101(a)(27) of such Act (8 U.S.C.
1101(a)(27)) who are not described in subparagraph (A), (B), (C),
or (K) of such section.


  SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.


   (a) AUTOMATIC EXTENSION OF NONIMMIGRANT STATUS.—


    (1) IN GENERAL.—Notwithstanding section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184), in the case
of an alien described in paragraph (2) who was lawfully present
in the United States as a nonimmigrant on September 10,


   2001, the alien may remain lawfully in the United States


   in the same nonimmigrant status until the later of—


    (A) the date such lawful nonimmigrant status


    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 of—


     (i) a principal alien described in subparagraph (A);


    or


     (ii) an alien who died as a direct result of a


    speci-fied terrorist activity.

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   STAT. 358 PUBLIC LAW 107–56—OCT. 26, 2001


      (3) AUTHORIZED EMPLOYMENT.—During the period in which


     a principal alien or alien spouse is in lawful nonimmigrant


     status under paragraph (1), the alien shall be provided an


     ‘‘employment authorized’’ endorsement or other appropriate
document signifying authorization of employment not later than
30 days after the alien requests such authorization.


     (b) NEW DEADLINES FOR EXTENSION OR CHANGE OF


     NON-IMMIGRANT STATUS.—


      (1) FILING DELAYS.—In the case of an alien who was


     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 application described in clause (i)


       otherwise would have been due.


       (B) SPOUSES AND CHILDREN.—In the case of an alien


      who is the spouse or child of a principal alien described


      in subparagraph (A), if the spouse or child was in a lawful


      nonimmigrant status on September 10, 2001, the spouse


      or child may remain lawfully in the United States in the


      same nonimmigrant status until the later of—


       (i) the date such lawful nonimmigrant status


       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.—

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      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.

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   STAT. 360 PUBLIC LAW 107–56—OCT. 26, 2001


     (d) EXTENSION OF EXPIRATION OF IMMIGRANT VISAS.—


      (1) IN GENERAL.—Notwithstanding the limitations under
section 221(c) of the Immigration and Nationality Act (8 U.S.C.
1201(c)), in the case of any immigrant visa issued to an alien
that expires or expired before December 31, 2001, if the alien
was unable to effect entry into the United States as a direct
result of a specified terrorist activity, then the period of validity
of the visa is extended until December 31, 2001, unless a


     longer period of validity is otherwise provided under this


     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)(1)(A)(ii) of such Act within
2 years after such date and only until the date the alien
remarries. For purposes of such section 204(a)(1)(A)(ii), an alien
granted relief under the preceding sentence shall be considered

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      LAW 107–56—OCT. 26, 2001 115 STAT. 361


   an alien spouse described in the second sentence of section


   201(b)(2)(A)(i) of such Act.


    (2) CHILDREN.—


    (A) IN GENERAL.—In the case of an alien who was


    the child of a citizen of the United States at the time
of the citizen’s death, if the citizen died as a direct result
of a specified terrorist activity, the alien shall be
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.

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   STAT. 362 PUBLIC LAW 107–56—OCT. 26, 2001


      (2) 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 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

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      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.

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   STAT. 364 PUBLIC LAW 107–56—OCT. 26, 2001


     SEC. 502. SECRETARY OF STATE’S AUTHORITY TO PAY REWARDS.


     Section 36 of the State Department Basic Authorities Act of
1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended—


      (1) in subsection (b)—


       (A) in paragraph (4), by striking ‘‘or’’ at the end;


       (B) in paragraph (5), by striking the period at the


      end and inserting ‘‘, including by dismantling an


      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 IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT


       OFFENDERS.


     Section 3(d)(2) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as follows:


      ‘‘(2) In addition to the offenses described in paragraph
(1), the following offenses shall be treated for purposes of this
section as qualifying Federal offenses, as determined by the
Attorney General:


       ‘‘(A) Any offense listed in section 2332b(g)(5)(B) of title


      18, United States Code.


       ‘‘(B) Any crime of violence (as defined in section 16


      of title 18, United States Code).


       ‘‘(C) Any attempt or conspiracy to commit any of the


      above offenses.’’.


     SEC. 504. COORDINATION WITH LAW ENFORCEMENT.


     (a) INFORMATION ACQUIRED FROM AN ELECTRONIC
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)(1) Federal officers who conduct electronic surveillance to
acquire foreign intelligence information under this title may consult
with Federal law enforcement officers to coordinate efforts to
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:

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      LAW 107–56—OCT. 26, 2001 115 STAT. 365


   ‘‘(k)(1) Federal officers who conduct physical searches to acquire
foreign intelligence information under this title may consult with
Federal law enforcement officers to coordinate efforts to investigate
or protect against—


    ‘‘(A) actual or potential attack or other grave hostile acts
of a foreign power or an agent of a foreign power;


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


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


   foreign power.


   ‘‘(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 303(a)(7) or the entry
of an order under section 304.’’.


  SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.


   (a) TELEPHONE TOLL AND TRANSACTIONAL RECORDS.—Section


  2709(b) of title 18, United States Code, is amended—


    (1) in the matter preceding paragraph (1), by inserting


   ‘‘at Bureau headquarters or a Special Agent in Charge in a
Bureau field office designated by the Director’’ after ‘‘Assistant
Director’’;


    (2) in paragraph (1)—


    (A) by striking ‘‘in a position not lower than Deputy


    Assistant Director’’; and


    (B) by striking ‘‘made that’’ and all that follows and


    inserting the following: ‘‘made that the name, address,
length of service, and toll billing records sought are relevant
to an authorized investigation to protect against
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

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   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. 1681u) is amended—


      (1) in subsection (a)—


       (A) by inserting ‘‘in a position not lower than Deputy


      Assistant Director at Bureau headquarters or a Special


      Agent in Charge of a Bureau field office designated by
the Director’’ after ‘‘designee’’ the first place it appears;
and


       (B) by striking ‘‘in writing that’’ and all that follows


      through the end and inserting the following: ‘‘in writing,


      that such information is sought for the conduct of an


      authorized investigation to protect against international


      terrorism or clandestine intelligence activities, provided


      that such an investigation of a United States person is


      not conducted solely upon the basis of activities protected


      by the first amendment to the Constitution of the United


      States.’’;


      (2) in subsection (b)—


       (A) by inserting ‘‘in a position not lower than Deputy


      Assistant Director at Bureau headquarters or a Special


      Agent in Charge of a Bureau field office designated by
the Director’’ after ‘‘designee’’ the first place it appears;
and


       (B) by striking ‘‘in writing that’’ and all that follows


      through the end and inserting the following: ‘‘in writing


      that such information is sought for the conduct of an


      authorized investigation to protect against international


      terrorism or clandestine intelligence activities, provided


      that such an investigation of a United States person is


      not conducted solely upon the basis of activities protected


      by the first amendment to the Constitution of the United


      States.’’; and


      (3) in subsection (c)—


       (A) by inserting ‘‘in a position not lower than Deputy


      Assistant Director at Bureau headquarters or a Special


      Agent in Charge in a Bureau field office designated by


      the Director’’ after ‘‘designee of the Director’’; and


       (B) by striking ‘‘in camera that’’ and all that follows
through ‘‘States.’’ and inserting the following: ‘‘in camera
that the consumer report is sought for the conduct of an


      authorized investigation to protect against international


      terrorism or clandestine intelligence activities, provided


      that such an investigation of a United States person is


      not conducted solely upon the basis of activities protected


      by the first amendment to the Constitution of the United


      States.’’.


     SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.


     (a) CONCURRENT JURISDICTION UNDER 18 U.S.C. 1030.—Section
1030(d) of title 18, United States Code, is amended to read as
follows:


     ‘‘(d)(1) The United States Secret Service shall, in addition to
any other agency having such authority, have the authority to
investigate offenses under this section.

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      LAW 107–56—OCT. 26, 2001 115 STAT. 367


   ‘‘(2) The Federal Bureau of Investigation shall have primary
authority to investigate offenses under subsection (a)(1) for any
cases involving espionage, foreign counterintelligence, information
protected against unauthorized disclosure for reasons of national
defense or foreign relations, or Restricted Data (as that term is
defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)), except for offenses affecting the duties of the United
States Secret Service pursuant to section 3056(a) of this title.


   ‘‘(3) Such authority shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the
Treasury and the Attorney General.’’.


   (b) REAUTHORIZATION OF JURISDICTION UNDER 18 U.S.C. 1344.—
Section 3056(b)(3) of title 18, United States Code, is amended
by striking ‘‘credit and debit card frauds, and false identification
documents or devices’’ and inserting ‘‘access device frauds, false
identification documents or devices, and any fraud or other criminal
or unlawful activity in or against any federally insured financial
institution’’.


  SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.


   Section 444 of the General Education Provisions Act (20 U.S.C.
1232g), is amended by adding after subsection (i) a new subsection
(j) to read as follows:


   ‘‘(j) INVESTIGATION AND PROSECUTION OF TERRORISM.—


    ‘‘(1) IN GENERAL.—Notwithstanding subsections (a) through


   (i) or any provision of State law, the Attorney General (or
any Federal officer or employee, in a position not lower than
an Assistant Attorney General, designated by the Attorney


   General) may submit a written application to a court of


   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 Courts.
para-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

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   STAT. 368 PUBLIC LAW 107–56—OCT. 26, 2001


     under this subsection shall not be liable to any person for


     that production.


      ‘‘(4) RECORD-KEEPING.—Subsection (b)(4) does not apply to


     education records subject to a court order under this


     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.—
Certification. ‘‘(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).
Courts. ‘‘(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.’’.

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      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–1.


    INVOLVED IN THE PREVENTION, INVESTIGATION,


    RESCUE, OR RECOVERY EFFORTS RELATED TO A


    TER-RORIST ATTACK.
(a) IN GENERAL.—Notwithstanding the limitations of subsection
(b) of section 1201 or the provisions of subsections (c), (d), and
(e) of such section or section 1202 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a),
upon certification (containing identification of all eligible payees
of benefits pursuant to section 1201 of such Act) by a public agency
that a public safety officer employed by such agency was killed
or suffered a catastrophic injury producing permanent and total
disability as a direct and proximate result of a personal injury
sustained in the line of duty as described in section 1201 of such
Act in connection with prevention, investigation, rescue, or recovery
efforts related to a terrorist attack, the Director of the Bureau
of Justice Assistance shall authorize payment to qualified
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’’.

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   STAT. 370 PUBLIC LAW 107–56—OCT. 26, 2001


  42 USC 3796 (b) APPLICABILITY.—The amendment made by subsection (a)
note. shall apply to any death or disability occurring on or after January


     1, 2001.


     SEC. 614. OFFICE OF JUSTICE PROGRAMS.


     Section 112 of title I of section 101(b) of division A of Public
42 USC 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’’;

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      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 42 USC 10601
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

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   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 USC 40101 (2) COMPENSATION.—With respect to any compensation
note. pay-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;

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      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)(1) of the Victims of Crime Act of 1984 (42 U.S.C.
10603b(a)(1)) is amended by striking ‘‘who are not persons eligible
for compensation under title VIII of the Omnibus Diplomatic


  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

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   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

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      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

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   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 OF DOMESTIC TERRORISM.


     (a) DOMESTIC TERRORISM DEFINED.—Section 2331 of title 18,


     United States Code, is amended—


      (1) in paragraph (1)(B)(iii), by striking ‘‘by assassination
or kidnapping’’ and inserting ‘‘by mass destruction,


     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


      of the United States.’’.


     (b) CONFORMING AMENDMENT.—Section 3077(1) of title 18,


     United States Code, is amended to read as follows:


      ‘‘(1) ‘act of terrorism’ means an act of domestic or


     inter-national terrorism as defined in section 2331;’’.


     SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.


     (a) IN GENERAL.—Chapter 113B of title 18, United States Code,
is amended by adding after section 2338 the following new section:

‘‘ 2339. Harboring or concealing terrorists


     ‘‘(a) Whoever harbors or conceals any person who he knows,
or has reasonable grounds to believe, has committed, or is about
to commit, an offense under section 32 (relating to destruction
of aircraft or aircraft facilities), section 175 (relating to biological
weapons), section 229 (relating to chemical weapons), section 831
(relating to nuclear materials), paragraph (2) or (3) of section 844(f)
(relating to arson and bombing of government property risking
or causing injury or death), section 1366(a) (relating to the
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

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      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,’’.

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   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 USC 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

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      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), section 46506 if homicide or


    attempted homicide is involved (relating to application


    of certain criminal laws to acts on aircraft), or section


    60123(b) (relating to destruction of interstate gas or


    hazardous liquid pipeline facility) of title 49.’’.


  SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM


    OFFENSES.
(a) IN GENERAL.—Section 3286 of title 18, United States Code,
is amended to read as follows:


  ‘‘ 3286. Extension of statute of limitation for certain


    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

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   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 listed in section 3295 are subject to the
statute of limitations 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
limitation for any offense listed in section 2332b(g)(5)(B), if the
commission of such offense resulted in, or created a forseeable
risk of, death or serious bodily injury to another person.’’.

18 USC 3286 (b) APPLICATION.—The amendments made by this section shall
note. apply to the prosecution of any offense committed before, on, or


     after the date of the enactment of this section.


     SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM


       OFFENSES.


     (a) ARSON.—Section 81 of title 18, United States Code, is
amended in the second undesignated paragraph by striking ‘‘not
more than twenty years’’ and inserting ‘‘for any term of years
or for life’’.


     (b) DESTRUCTION OF AN ENERGY FACILITY.—Section 1366 of


     title 18, United States Code, is amended—


      (1) in subsection (a), by striking ‘‘ten’’ and inserting ‘‘20’’;
and


      (2) by adding at the end the following:
‘‘(d) Whoever is convicted of a violation of subsection (a) or
(b) that has resulted in the death of any person shall be subject
to imprisonment for any term of years or life.’’.


     (c) MATERIAL SUPPORT TO TERRORISTS.—Section 2339A(a) of


     title 18, United States Code, is amended—


      (1) by striking ‘‘10’’ and inserting ‘‘15’’; and
(2) by striking the period and inserting ‘‘, and, if the death
of any person results, shall be imprisoned for any term of


     years or for life.’’.


     (d) MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST
ORGANIZATIONS.—Section 2339B(a)(1) of title 18, United States
Code, is amended—


      (1) by striking ‘‘10’’ and inserting ‘‘15’’; and


      (2) by striking the period after ‘‘or both’’ and inserting
‘‘, and, if the death of any person results, shall be imprisoned
for any term of years or for life.’’.


     (e) DESTRUCTION OF NATIONAL-DEFENSE MATERIALS.—Section


     2155(a) of title 18, United States Code, is amended—


      (1) by striking ‘‘ten’’ and inserting ‘‘20’’; and
(2) by striking the period at the end and inserting ‘‘, and,
if death results to any person, shall be imprisoned for any


     term of years or for life.’’.


     (f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236
of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended—


      (1) by striking ‘‘ten’’ each place it appears and inserting


     ‘‘20’’;


      (2) in subsection (a), by striking the period at the end
and inserting ‘‘, and, if death results to any person, shall
be imprisoned for any term of years or for life.’’; and


      (3) in subsection (b), by striking the period at the end
and inserting ‘‘, and, if death results to any person, shall
be imprisoned for any term of years or for life.’’.

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      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)—

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   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
listed in section 2332b(g)(5)(B)’’.


     SEC. 814. 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:

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      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.’’.

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   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 USC 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)’’.

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      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 fined under this title, imprisoned not more than
10 years, or both. In this subsection, the terms ‘biological agent’


  and ‘toxin’ do not encompass any biological agent or toxin that
is in its naturally occurring environment, if the biological agent
or toxin has not been cultivated, collected, or otherwise extracted
from its natural source.’’;


    (2) by inserting after section 175a the following:

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   STAT. 386 PUBLIC LAW 107–56—OCT. 26, 2001


     ‘‘SEC. 175b. POSSESSION BY RESTRICTED PERSONS.


     ‘‘(a) No restricted person described in subsection (b) shall ship
or transport interstate or foreign commerce, or possess in or
affecting commerce, any biological agent or toxin, or receive any
biological agent or toxin that has been shipped or transported
in interstate or foreign commerce, if the biological agent or toxin
is listed as a select agent in subsection (j) of section 72.6 of title
42, Code of Federal Regulations, pursuant to section 511(d)(l) of
the Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104–132), and is not exempted under subsection (h) of such


     section 72.6, or appendix A of part 72 of the Code of Regulations.


     ‘‘(b) In this section:


      ‘‘(1) The term ‘select agent’ does not include any such
biological agent or toxin that is in its naturally-occurring
environment, if the biological agent or toxin has not been
cultivated, collected, or otherwise extracted from its natural
source.

      ‘‘(2) The term ‘restricted person’ means an individual who—


       ‘‘(A) is under indictment for a crime punishable by


      imprisonment for a term exceeding 1 year;


       ‘‘(B) has been convicted in any court of a crime


      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 (21 U.S.C. 802));


       ‘‘(E) is an alien illegally or unlawfully in the United


      States;


       ‘‘(F) has been adjudicated as a mental defective or


      has been committed to any mental institution;


       ‘‘(G) is an alien (other than an alien lawfully admitted


      for permanent residence) who is a national of a country


      as to which the Secretary of State, pursuant to section


      6(j) of the Export Administration Act of 1979 (50 U.S.C.


      App. 2405(j)), section 620A of chapter 1 of part M of the


      Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section


      40(d) of chapter 3 of the Arms Export Control Act (22


      U.S.C. 2780(d)), has made a determination (that remains
in effect) that such country has repeatedly provided support
for acts of international terrorism; or


       ‘‘(H) has been discharged from the Armed Services


      of the United States under dishonorable conditions.


      ‘‘(3) The term ‘alien’ has the same meaning as in section


     1010(a)(3) of the Immigration and Nationality Act (8 U.S.C.


     1101(a)(3)).


      ‘‘(4) The term ‘lawfully admitted for permanent residence’


     has the same meaning as in section 101(a)(20) of the


     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.’’.

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      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

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   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 DEFINED.—
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) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended—

50 USC 403–5b, (1) by redesignating subsection 105B as section 105C; and
403–5c. (2) by inserting after section 105A the following new section


     105B:

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      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) 50 USC 403–5b.
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 investigations of foreign intelligence sources.
‘‘Sec. 105C. Protection of the operational files of the National Imagery and Mapping


    Agency.’’.


  SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.


   (a) REPORT ON RECONFIGURATION.—Not later than February 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.

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   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.
Deadline. (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

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      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 28 USC 509 note.


    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


  SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE. 5 USC app.


   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, Public
and newspaper advertisements information on the information.

              Internet.
responsibil-ities and functions of, and how to contact, the official; and


    (3) submit to the Committee on the Judiciary of the House Reports.
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;

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   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),

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      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-governmental
(a) GRANT AUTHORIZATION.—The Attorney General shall make relations.
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 followup investigations; and


    (6) stabilizing a community after a terrorist incident.


   (d) APPLICATION.—


    (1) IN GENERAL.—Each eligible entity that desires to receive
a grant under this section shall submit an application to the
Attorney General, at such time, in such manner, and
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

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   STAT. 394 PUBLIC LAW 107–56—OCT. 26, 2001


       (B) provide such additional assurances as the Attorney


      General determines to be essential to ensure compliance


      with the requirements of this section.
(e) MINIMUM AMOUNT.—If all applications submitted by a State
or units of local government within that State have not been funded
under this section in any fiscal year, that State, if it qualifies,
and the units of local government within that State, shall receive
in that fiscal year not less than 0.5 percent of the total amount
appropriated in that fiscal year for grants under this section.


     (f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $25,000,000 for each of the fiscal years 2003
through 2007.


     SEC. 1006. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY


       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.’’.
Deadline. (b) MONEY LAUNDERING WATCHLIST.—Not later than 90 days
Records. after the date of the enactment of this Act, the Secretary of State
Certification. shall develop, implement, and certify to the Congress that there
8 USC 1182 note.


     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.

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      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

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   STAT. 396 PUBLIC LAW 107–56—OCT. 26, 2001


     this section and the use by the Department of Defense of other
means to improve the performance of security functions on military
installations and facilities located within the United States.


  Crimes Against SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS.
Charitable   Americans Act of (a) SHORT TITLE.—This section may be cited as the ‘‘Crimes
2001. Against Charitable Americans Act of 2001’’.
15 USC 6101 (b) TELEMARKETING AND CONSUMER FRAUD ABUSE.—The
note.


     Tele-marketing and Consumer Fraud and Abuse Prevention Act (15
U.S.C. 6101 et seq.) is amended—

15 USC 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 USC 6016. (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’’.


     SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.


  Inter-governmental

   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

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      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.’’.

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   STAT. 398 PUBLIC LAW 107–56—OCT. 26, 2001


  49 USC 5103a (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
note. to be appropriated for the Department of Transportation and the


     Department of Justice such amounts as may be necessary to carry
out section 5103a of title 49, United States Code, as added by
subsection (a).


     SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING


       THE PROVISION OF FUNDING FOR BIOTERRORISM


       PREPAREDNESS AND RESPONSE.


     (a) FINDINGS.—The Senate finds the following:


      (1) Additional steps must be taken to better prepare the


     United States to respond to potential bioterrorism attacks.


      (2) The threat of a bioterrorist attack is still remote, but
is increasing for a variety of reasons, including—


       (A) public pronouncements by Osama bin Laden that


      it is his religious duty to acquire weapons of mass


      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.

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      LAW 107–56—OCT. 26, 2001 115 STAT. 399


   (b) SENSE OF THE SENATE.—It is the sense of the Senate that
the United States should make a substantial new investment this
year toward the following:


    (1) Improving State and local preparedness capabilities
by upgrading State and local surveillance epidemiology,
assisting in the development of response plans, assuring
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

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   STAT. 400 PUBLIC LAW 107–56—OCT. 26, 2001


     pursuant to this section, except that the United States Virgin
Islands, America Samoa, Guam, and the Northern Mariana


     Islands each shall be allocated 0.25 percent.


     SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE CRIME


       IDENTI-FICATION TECHNOLOGY ACT FOR ANTITERRORISM


       GRANTS TO STATES AND LOCALITIES.
Section 102 of the Crime Identification Technology Act of 1998
(42 U.S.C. 14601) is amended—


      (1) in subsection (b)—


       (A) in paragraph (16), by striking ‘‘and’’ at the end;


       (B) in paragraph (17), by striking the period and


      inserting ‘‘; and’’; and


       (C) by adding at the end the following:


      ‘‘(18) notwithstanding subsection (c), antiterrorism
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.’’.

Critical SEC. 1016. CRITICAL INFRASTRUCTURES PROTECTION.
Infrastructure   Protection Act of (a) SHORT TITLE.—This section may be cited as the ‘‘Critical
2001. Infrastructures Protection Act of 2001’’.
42 USC 5195c. (b) FINDINGS.—Congress makes the following findings:


      (1) The information revolution has transformed the conduct


     of business and the operations of government as well as the
infrastructure relied upon for the defense and national security
of the United States.


      (2) Private business, government, and the national security


     apparatus increasingly depend on an interdependent network
of critical physical and information infrastructures, including
telecommunications, energy, financial services, water, and
transportation sectors.


      (3) A continuous national effort is required to ensure the
reliable provision of cyber and physical infrastructure services
critical to maintaining the national defense, continuity of
government, economic prosperity, and quality of life in the


     United States.


      (4) This national effort requires extensive modeling and
analytic capabilities for purposes of evaluating appropriate
mechanisms to ensure the stability of these complex and
inter-dependent systems, and 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.

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      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.

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   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.


     LEGISLATIVE HISTORY—H.R. 3162:


     CONGRESSIONAL RECORD, Vol. 147 (2001):


      Oct. 23, 24, considered and passed House.


      Oct. 25, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):


      Oct. 26, Presidential remarks.


          

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