Patriot Act of 2001 » Network1776.Org -

Network1776.Org

Consulting Americans on Freedom

Patriot Act of 2001

PUBLIC LAW 107-56-OCT. 26, 2001

UNITING AND STRENGTHENING AMERICA BY

PROVIDING APPROPRIATE TOOLS REQUIRED

TO INTERCEPT AND OBSTRUCT TERRORISM

(USA PATRIOT ACT) ACT OF 2001

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

Public Law 107–56

107th Congress115 STAT. 314 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(ii) LIMITATION ON LIABILITY.—A covered financial

institution shall not be liable to any person in any

court or arbitration proceeding for terminating a correspondent

relationship in accordance with this subsection.

‘‘(iii) FAILURE TO TERMINATE RELATIONSHIP.—

Failure to terminate a correspondent relationship in

accordance with this subsection shall render the covered

financial institution liable for a civil penalty of

up to $10,000 per day until the correspondent relationship

is so terminated.’’.

from the date of enactment of this Act to comply with the provisions

of section 5318(k) of title 31, United States Code, as added by

this section.

(d) AUTHORITY TO ORDER CONVICTED CRIMINAL TO RETURN

PROPERTY LOCATED ABROAD.—

(1) FORFEITURE OF SUBSTITUTE PROPERTY.—Section 413(p)

of the Controlled Substances Act (21 U.S.C. 853) is amended

to read as follows:

‘‘(p) FORFEITURE OF SUBSTITUTE PROPERTY.—

‘‘(1) IN GENERAL.—Paragraph (2) of this subsection shall

apply, if any property described in subsection (a), as a result

of any act or omission of the defendant—

‘‘(A) cannot be located upon the exercise of due diligence;

‘‘(B) has been transferred or sold to, or deposited with,

a third party;

‘‘(C) has been placed beyond the jurisdiction of the

court;

‘‘(D) has been substantially diminished in value; or

‘‘(E) has been commingled with other property which

cannot be divided without difficulty.

‘‘(2) SUBSTITUTE PROPERTY.—In any case described in any

of subparagraphs (A) through (E) of paragraph (1), the court

shall order the forfeiture of any other property of the defendant,

up to the value of any property described in subparagraphs

(A) through (E) of paragraph (1), as applicable.

‘‘(3) RETURN OF PROPERTY TO JURISDICTION.—In the case

of property described in paragraph (1)(C), the court may, in

addition to any other action authorized by this subsection,

order the defendant to return the property to the jurisdiction

of the court so that the property may be seized and forfeited.’’.

(2) PROTECTIVE ORDERS.—Section 413(e) of the Controlled

Substances Act (21 U.S.C. 853(e)) is amended by adding at

the end the following:

‘‘(4) ORDER TO REPATRIATE AND DEPOSIT.—

‘‘(A) IN GENERAL.—Pursuant to its authority to enter

a pretrial restraining order under this section, the court

may order a defendant to repatriate any property that

may be seized and forfeited, and to deposit that property

pending trial in the registry of the court, or with the

United States Marshals Service or the Secretary of the

Treasury, in an interest-bearing account, if appropriate.

‘‘(B) FAILURE TO COMPLY.—Failure to comply with an

order under this subsection, or an order to repatriate property

under subsection (p), shall be punishable as a civil

31 USC 5318

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00044 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 315

or criminal contempt of court, and may also result in an

enhancement of the sentence of the defendant under the

obstruction of justice provision of the Federal Sentencing

Guidelines.’’.

SEC. 320. PROCEEDS OF FOREIGN CRIMES.

Section 981(a)(1)(B) of title 18, United States Code, is amended

to read as follows:

‘‘(B) Any property, real or personal, within the jurisdiction

of the United States, constituting, derived from, or traceable

to, any proceeds obtained directly or indirectly from an offense

against a foreign nation, or any property used to facilitate

such an offense, if the offense—

‘‘(i) involves the manufacture, importation, sale, or distribution

of a controlled substance (as that term is defined

for purposes of the Controlled Substances Act), or any

other conduct described in section 1956(c)(7)(B);

‘‘(ii) would be punishable within the jurisdiction of

the foreign nation by death or imprisonment for a term

exceeding 1 year; and

‘‘(iii) would be punishable under the laws of the United

States by imprisonment for a term exceeding 1 year, if

the act or activity constituting the offense had occurred

within the jurisdiction of the United States.’’.

SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II OF

CHAPTER 53 OF TITLE 31, UNITED STATES CODE.

(a) CREDIT UNIONS.—Subparagraph (E) of section 5312(2) of

title 31, United States Code, is amended to read as follows:

‘‘(E) any credit union;’’.

(b) FUTURES COMMISSION MERCHANT; COMMODITY TRADING

ADVISOR; COMMODITY POOL OPERATOR.—Section 5312 of title 31,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(c) ADDITIONAL DEFINITIONS.—For purposes of this subchapter,

the following definitions shall apply:

‘‘(1) CERTAIN INSTITUTIONS INCLUDED IN DEFINITION.—The

term ‘financial institution’ (as defined in subsection (a)) includes

the following:

‘‘(A) Any futures commission merchant, commodity

trading advisor, or commodity pool operator registered, or

required to register, under the Commodity Exchange Act.’’.

SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.

Section 2466 of title 18, United States Code, is amended by

designating the present matter as subsection (a), and adding at

the end the following:

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

if any majority shareholder, or individual filing the claim

on behalf of the corporation is a person to whom subsection (a)

applies.’’.

SEC. 323. ENFORCEMENT OF FOREIGN JUDGMENTS.

Section 2467 of title 28, United States Code, is amended—

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00045 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 316 PUBLIC LAW 107–56—OCT. 26, 2001

(1) in subsection (d), by adding the following after paragraph

(2):

‘‘(3) PRESERVATION OF PROPERTY.—

‘‘(A) IN GENERAL.—To preserve the availability of property

subject to a foreign forfeiture or confiscation judgment,

the Government may apply for, and the court may issue,

a restraining order pursuant to section 983(j) of title 18,

at any time before or after an application is filed pursuant

to subsection (c)(1) of this section.

‘‘(B) EVIDENCE.—The court, in issuing a restraining

order under subparagraph (A)—

‘‘(i) may rely on information set forth in an affidavit

describing the nature of the proceeding or investigation

underway in the foreign country, and setting

forth a reasonable basis to believe that the property

to be restrained will be named in a judgment of forfeiture

at the conclusion of such proceeding; or

‘‘(ii) may register and enforce a restraining order

that has been issued by a court of competent jurisdiction

in the foreign country and certified by the Attorney

General pursuant to subsection (b)(2).

‘‘(C) LIMIT ON GROUNDS FOR OBJECTION.—No person

may object to a restraining order under subparagraph (A)

on any ground that is the subject of parallel litigation

involving the same property that is pending in a foreign

court.’’;

(2) in subsection (b)(1)(C), by striking ‘‘establishing that

the defendant received notice of the proceedings in sufficient

time to enable the defendant’’ and inserting ‘‘establishing that

the foreign nation took steps, in accordance with the principles

of due process, to give notice of the proceedings to all persons

with an interest in the property in sufficient time to enable

such persons’’;

(3) in subsection (d)(1)(D), by striking ‘‘the defendant in

the proceedings in the foreign court did not receive notice’’

and inserting ‘‘the foreign nation did not take steps, in accordance

with the principles of due process, to give notice of the

proceedings to a person with an interest in the property’’;

and

(4) in subsection (a)(2)(A), by inserting ‘‘, any violation

of foreign law that would constitute a violation or an offense

for which property could be forfeited under Federal law if

the offense were committed in the United States’’ after ‘‘United

Nations Convention’’.

SEC. 324. REPORT AND RECOMMENDATION.

Not later than 30 months after the date of enactment of this

Act, the Secretary, in consultation with the Attorney General, the

Federal banking agencies (as defined at section 3 of the Federal

Deposit Insurance Act), the National Credit Union Administration

Board, the Securities and Exchange Commission, and such other

agencies as the Secretary may determine, at the discretion of the

Secretary, shall evaluate the operations of the provisions of this

subtitle and make recommendations to Congress as to any legislative

action with respect to this subtitle as the Secretary may determine

to be necessary or advisable.

Deadline.

31 USC 5311

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00046 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 317

SEC. 325. CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS.

Section 5318(h) of title 31, United States Code, as amended

by section 202 of this title, is amended by adding at the end

the following:

‘‘(3) CONCENTRATION ACCOUNTS.—The Secretary may prescribe

regulations under this subsection that govern maintenance

of concentration accounts by financial institutions, in

order to ensure that such accounts are not used to prevent

association of the identity of an individual customer with the

movement of funds of which the customer is the direct or

beneficial owner, which regulations shall, at a minimum—

‘‘(A) prohibit financial institutions from allowing clients

to direct transactions that move their funds into, out of,

or through the concentration accounts of the financial

institution;

‘‘(B) prohibit financial institutions and their employees

from informing customers of the existence of, or the means

of identifying, the concentration accounts of the institution;

and

‘‘(C) require each financial institution to establish written

procedures governing the documentation of all transactions

involving a concentration account, which procedures

shall ensure that, any time a transaction involving a concentration

account commingles funds belonging to 1 or

more customers, the identity of, and specific amount

belonging to, each customer is documented.’’.

SEC. 326. VERIFICATION OF IDENTIFICATION.

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

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

following:

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

‘‘(1) IN GENERAL.—Subject to the requirements of this subsection,

the Secretary of the Treasury shall prescribe regulations

setting forth the minimum standards for financial institutions

and their customers regarding the identity of the customer

that shall apply in connection with the opening of an account

at a financial institution.

‘‘(2) MINIMUM REQUIREMENTS.—The regulations shall, at

a minimum, require financial institutions to implement, and

customers (after being given adequate notice) to comply with,

reasonable procedures for—

‘‘(A) verifying the identity of any person seeking to

open an account to the extent reasonable and practicable;

‘‘(B) maintaining records of the information used to

verify a person’s identity, including name, address, and

other identifying information; and

‘‘(C) consulting lists of known or suspected terrorists

or terrorist organizations provided to the financial institution

by any government agency to determine whether a

person seeking to open an account appears on any such

list.

‘‘(3) FACTORS TO BE CONSIDERED.—In prescribing regulations

under this subsection, the Secretary shall take into consideration

the various types of accounts maintained by various

types of financial institutions, the various methods of opening

Regulations.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00047 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 318 PUBLIC LAW 107–56—OCT. 26, 2001

accounts, and the various types of identifying information available.

‘‘(4) CERTAIN FINANCIAL INSTITUTIONS.—In the case of any

financial institution the business of which is engaging in financial

activities described in section 4(k) of the Bank Holding

Company Act of 1956 (including financial activities subject

to the jurisdiction of the Commodity Futures Trading Commission),

the regulations prescribed by the Secretary under paragraph

(1) shall be prescribed jointly with each Federal functional

regulator (as defined in section 509 of the Gramm-Leach-

Bliley Act, including the Commodity Futures Trading Commission)

appropriate for such financial institution.

‘‘(5) EXEMPTIONS.—The Secretary (and, in the case of any

financial institution described in paragraph (4), any Federal

agency described in such paragraph) may, by regulation or

order, exempt any financial institution or type of account from

the requirements of any regulation prescribed under this subsection

in accordance with such standards and procedures as

the Secretary may prescribe.

‘‘(6) EFFECTIVE DATE.—Final regulations prescribed under

this subsection shall take effect before the end of the 1-year

period beginning on the date of enactment of the International

Money Laundering Abatement and Financial Anti-Terrorism

Act of 2001.’’.

(b) STUDY AND REPORT REQUIRED.—Within 6 months after the

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

the Federal functional regulators (as defined in section 509 of

the Gramm-Leach-Bliley Act) and other appropriate Government

agencies, shall submit a report to the Congress containing recommendations

for—

(1) determining the most timely and effective way to require

foreign nationals to provide domestic financial institutions and

agencies with appropriate and accurate information, comparable

to that which is required of United States nationals,

concerning the identity, address, and other related information

about such foreign nationals necessary to enable such institutions

and agencies to comply with the requirements of this

section;

(2) requiring foreign nationals to apply for and obtain,

before opening an account with a domestic financial institution,

an identification number which would function similarly to

a Social Security number or tax identification number; and

(3) establishing a system for domestic financial institutions

and agencies to review information maintained by relevant

Government agencies for purposes of verifying the identities

of foreign nationals seeking to open accounts at those institutions

and agencies.

SEC. 327. CONSIDERATION OF ANTI-MONEY LAUNDERING RECORD.

(a) BANK HOLDING COMPANY ACT OF 1956.—

(1) IN GENERAL.—Section 3(c) of the Bank Holding Company

Act of 1956 (12 U.S.C. 1842(c)) is amended by adding

at the end the following new paragraph:

‘‘(6) MONEY LAUNDERING.—In every case, the Board shall

take into consideration the effectiveness of the company or

companies in combatting money laundering activities, including

in overseas branches.’’.

Deadline.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00048 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

(2) SCOPE OF APPLICATION.—The amendment made by paragraph

(1) shall apply with respect to any application submitted

to the Board of Governors of the Federal Reserve System under

section 3 of the Bank Holding Company Act of 1956 after December

31, 2001, which has not been approved by the Board before the

date of enactment of this Act.

(b) MERGERS SUBJECT TO REVIEW UNDER FEDERAL DEPOSIT

INSURANCE ACT.—

(1) IN GENERAL.—Section 18(c) of the Federal Deposit Insurance

Act (12 U.S.C. 1828(c)) is amended—

(A) by redesignating paragraph (11) as paragraph (12);

and

(B) by inserting after paragraph (10), the following

new paragraph:

‘‘(11) MONEY LAUNDERING.—In every case, the responsible

agency, shall take into consideration the effectiveness of any

insured depository institution involved in the proposed merger

transaction in combatting money laundering activities,

including in overseas branches.’’.

(2) SCOPE OF APPLICATION.—The amendment made by paragraph

(1) shall apply with respect to any application submitted

to the responsible agency under section 18(c) of the Federal

Deposit Insurance Act after December 31, 2001, which has

not been approved by all appropriate responsible agencies

before the date of enactment of this Act.

SEC. 328. INTERNATIONAL COOPERATION ON IDENTIFICATION OF

ORIGINATORS OF WIRE TRANSFERS.

The Secretary shall—

(1) in consultation with the Attorney General and the Secretary

of State, take all reasonable steps to encourage foreign

governments to require the inclusion of the name of the originator

in wire transfer instructions sent to the United States

and other countries, with the information to remain with the

transfer from its origination until the point of disbursement;

and

(2) report annually to the Committee on Financial Services

of the House of Representatives and the Committee on Banking,

Housing, and Urban Affairs of the Senate on—

(A) progress toward the goal enumerated in paragraph

(1), as well as impediments to implementation and an

estimated compliance rate; and

(B) impediments to instituting a regime in which all

appropriate identification, as defined by the Secretary,

about wire transfer recipients shall be included with wire

transfers from their point of origination until disbursement.

SEC. 329. CRIMINAL PENALTIES.

Any person who is an official or employee of any department,

agency, bureau, office, commission, or other entity of the Federal

Government, and any other person who is acting for or on behalf

of any such entity, who, directly or indirectly, in connection with

the administration of this title, corruptly demands, seeks, receives,

accepts, or agrees to receive or accept anything of value personally

or for any other person or entity in return for—

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

31 USC 5311

note.

31 USC 5311

note.

12 USC 1828

note.

12 USC 1842

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00049 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 320 PUBLIC LAW 107–56—OCT. 26, 2001

(2) being influenced to commit or aid in the committing,

or to collude in, or allow, any fraud, or make opportunity

for the commission of any fraud, on the United States; or

(3) being induced to do or omit to do any act in violation

of the official duty of such official or person,

shall be fined in an amount not more than 3 times the monetary

equivalent of the thing of value, or imprisoned for not more than

15 years, or both. A violation of this section shall be subject to

chapter 227 of title 18, United States Code, and the provisions

of the United States Sentencing Guidelines.

SEC. 330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF

MONEY LAUNDERING, FINANCIAL CRIMES, AND THE

FINANCES OF TERRORIST GROUPS.

(a) NEGOTIATIONS.—It is the sense of the Congress that the President

should direct the Secretary of State, the Attorney General,

or the Secretary of the Treasury, as appropriate, and in consultation

with the Board of Governors of the Federal Reserve System, to

seek to enter into negotiations with the appropriate financial supervisory

agencies and other officials of any foreign country the financial

institutions of which do business with United States financial

institutions or which may be utilized by any foreign terrorist

organization (as designated under section 219 of the Immigration

and Nationality Act), any person who is a member or representative

of any such organization, or any person engaged in money laundering

or financial or other crimes.

(b) PURPOSES OF NEGOTIATIONS.—It is the sense of the Congress

that, in carrying out any negotiations described in paragraph (1),

the President should direct the Secretary of State, the Attorney

General, or the Secretary of the Treasury, as appropriate, to seek

to enter into and further cooperative efforts, voluntary information

exchanges, the use of letters rogatory, mutual legal assistance treaties,

and international agreements to—

(1) ensure that foreign banks and other financial institutions

maintain adequate records of transaction and account

information relating to any foreign terrorist organization (as

designated under section 219 of the Immigration and Nationality

Act), any person who is a member or representative of

any such organization, or any person engaged in money laundering

or financial or other crimes; and

(2) establish a mechanism whereby such records may be

made available to United States law enforcement officials and

domestic financial institution supervisors, when appropriate.

Subtitle B—Bank Secrecy Act Amendments

and Related Improvements

SEC. 351. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS

ACTIVITIES.

(a) AMENDMENT RELATING TO CIVIL LIABILITY IMMUNITY FOR

DISCLOSURES.—Section 5318(g)(3) of title 31, United States Code,

is amended to read as follows:

‘‘(3) LIABILITY FOR DISCLOSURES.—

‘‘(A) IN GENERAL.—Any financial institution that makes

a voluntary disclosure of any possible violation of law or

regulation to a government agency or makes a disclosure

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00050 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 321

pursuant to this subsection or any other authority, and

any director, officer, employee, or agent of such institution

who makes, or requires another to make any such disclosure,

shall not be liable to any person under any law

or regulation of the United States, any constitution, law,

or regulation of any State or political subdivision of any

State, or under any contract or other legally enforceable

agreement (including any arbitration agreement), for such

disclosure or for any failure to provide notice of such disclosure

to the person who is the subject of such disclosure

or any other person identified in the disclosure.

‘‘(B) RULE OF CONSTRUCTION.—Subparagraph (A) shall

not be construed as creating—

‘‘(i) any inference that the term ‘person’, as used

in such subparagraph, may be construed more broadly

than its ordinary usage so as to include any government

or agency of government; or

‘‘(ii) any immunity against, or otherwise affecting,

any civil or criminal action brought by any government

or agency of government to enforce any constitution,

law, or regulation of such government or agency.’’.

(b) PROHIBITION ON NOTIFICATION OF DISCLOSURES.—Section

5318(g)(2) of title 31, United States Code, is amended to read

as follows:

‘‘(2) NOTIFICATION PROHIBITED.—

‘‘(A) IN GENERAL.—If a financial institution or any

director, officer, employee, or agent of any financial institution,

voluntarily or pursuant to this section or any other

authority, reports a suspicious transaction to a government

agency—

‘‘(i) the financial institution, director, officer,

employee, or agent may not notify any person involved

in the transaction that the transaction has been

reported; and

‘‘(ii) no officer or employee of the Federal Government

or of any State, local, tribal, or territorial government

within the United States, who has any knowledge

that such report was made may disclose to any person

involved in the transaction that the transaction has

been reported, other than as necessary to fulfill the

official duties of such officer or employee.

‘‘(B) DISCLOSURES IN CERTAIN EMPLOYMENT REFERENCES.—

‘‘(i) RULE OF CONSTRUCTION.—Notwithstanding the

application of subparagraph (A) in any other context,

subparagraph (A) shall not be construed as prohibiting

any financial institution, or any director, officer,

employee, or agent of such institution, from including

information that was included in a report to which

subparagraph (A) applies—

‘‘(I) in a written employment reference that

is provided in accordance with section 18(w) of

the Federal Deposit Insurance Act in response to

a request from another financial institution; or

‘‘(II) in a written termination notice or employment

reference that is provided in accordance with

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00051 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 322 PUBLIC LAW 107–56—OCT. 26, 2001

the rules of a self-regulatory organization registered

with the Securities and Exchange Commission

or the Commodity Futures Trading Commission,

except that such written reference or notice may not

disclose that such information was also included in

any such report, or that such report was made.

‘‘(ii) INFORMATION NOT REQUIRED.—Clause (i) shall

not be construed, by itself, to create any affirmative

duty to include any information described in clause

(i) in any employment reference or termination notice

referred to in clause (i).’’.

SEC. 352. ANTI-MONEY LAUNDERING PROGRAMS.

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

Code, is amended to read as follows:

‘‘(h) ANTI-MONEY LAUNDERING PROGRAMS.—

‘‘(1) IN GENERAL.—In order to guard against money laundering

through financial institutions, each financial institution

shall establish anti-money laundering programs, including, at

a minimum—

‘‘(A) the development of internal policies, procedures,

and controls;

‘‘(B) the designation of a compliance officer;

‘‘(C) an ongoing employee training program; and

‘‘(D) an independent audit function to test programs.

‘‘(2) REGULATIONS.—The Secretary of the Treasury, after

consultation with the appropriate Federal functional regulator

(as defined in section 509 of the Gramm-Leach-Bliley Act),

may prescribe minimum standards for programs established

under paragraph (1), and may exempt from the application

of those standards any financial institution that is not subject

to the provisions of the rules contained in part 103 of title

31, of the Code of Federal Regulations, or any successor rule

thereto, for so long as such financial institution is not subject

to the provisions of such rules.’’.

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

shall take effect at the end of the 180-day period beginning on

the date of enactment of this Act.

TAKEN INTO ACCOUNT.—Before the end of the 180-day period beginning

on the date of enactment of this Act, the Secretary shall

prescribe regulations that consider the extent to which the requirements

imposed under this section are commensurate with the size,

location, and activities of the financial institutions to which such

regulations apply.

SEC. 353. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING

ORDERS AND CERTAIN RECORDKEEPING REQUIREMENTS,

AND LENGTHENING EFFECTIVE PERIOD OF

GEOGRAPHIC TARGETING ORDERS.

(a) CIVIL PENALTY FOR VIOLATION OF TARGETING ORDER.—

Section 5321(a)(1) of title 31, United States Code, is amended—

(1) by inserting ‘‘or order issued’’ after ‘‘subchapter or a

regulation prescribed’’; and

(2) by inserting ‘‘, or willfully violating a regulation prescribed

under section 21 of the Federal Deposit Insurance Act

31 USC 5318

note.

31 USC 5318

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00052 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 323

or section 123 of Public Law 91–508,’’ after ‘‘sections 5314

and 5315)’’.

(b) CRIMINAL PENALTIES FOR VIOLATION OF TARGETING

ORDER.—Section 5322 of title 31, United States Code, is amended—

(1) in subsection (a)—

(A) by inserting ‘‘or order issued’’ after ‘‘willfully violating

this subchapter or a regulation prescribed’’; and

(B) by inserting ‘‘, or willfully violating a regulation

prescribed under section 21 of the Federal Deposit Insurance

Act or section 123 of Public Law 91–508,’’ after ‘‘under

section 5315 or 5324)’’; and

(2) in subsection (b)—

(A) by inserting ‘‘or order issued’’ after ‘‘willfully violating

this subchapter or a regulation prescribed’’; and

(B) by inserting ‘‘or willfully violating a regulation

prescribed under section 21 of the Federal Deposit Insurance

Act or section 123 of Public Law 91–508,’’ after ‘‘under

section 5315 or 5324),’’.

OR CERTAIN RECORDKEEPING REQUIREMENTS.—Section 5324(a) of

title 31, United States Code, is amended—

(1) by inserting a comma after ‘‘shall’’;

(2) by striking ‘‘section—’’ and inserting ‘‘section, the

reporting or recordkeeping requirements imposed by any order

issued under section 5326, or the recordkeeping requirements

imposed by any regulation prescribed under section 21 of the

Federal Deposit Insurance Act or section 123 of Public Law

91–508—’’;

(3) in paragraph (1), by inserting ‘‘, to file a report or

to maintain a record required by an order issued under section

5326, or to maintain a record required pursuant to any regulation

prescribed under section 21 of the Federal Deposit Insurance

Act or section 123 of Public Law 91–508’’ after ‘‘regulation

prescribed under any such section’’; and

(4) in paragraph (2), by inserting ‘‘, to file a report or

to maintain a record required by any order issued under section

5326, or to maintain a record required pursuant to any regulation

prescribed under section 5326, or to maintain a record

required pursuant to any regulation prescribed under section

21 of the Federal Deposit Insurance Act or section 123 of

Public Law 91–508,’’ after ‘‘regulation prescribed under any

such section’’.

(d) LENGTHENING EFFECTIVE PERIOD OF GEOGRAPHIC TARGETING

ORDERS.—Section 5326(d) of title 31, United States Code,

is amended by striking ‘‘more than 60’’ and inserting ‘‘more than

180’’.

SEC. 354. ANTI-MONEY LAUNDERING STRATEGY.

Section 5341(b) of title 31, United States Code, is amended

by adding at the end the following:

‘‘(12) DATA REGARDING FUNDING OF TERRORISM.—Data concerning

money laundering efforts related to the funding of

acts of international terrorism, and efforts directed at the

prevention, detection, and prosecution of such funding.’’.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00053 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

SEC. 355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL

ACTIVITY IN WRITTEN EMPLOYMENT REFERENCES.

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

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

‘‘(w) WRITTEN EMPLOYMENT REFERENCES MAY CONTAIN SUSPICIONS

OF INVOLVEMENT IN ILLEGAL ACTIVITY.—

‘‘(1) AUTHORITY TO DISCLOSE INFORMATION.—Notwithstanding

any other provision of law, any insured depository

institution, and any director, officer, employee, or agent of

such institution, may disclose in any written employment reference

relating to a current or former institution-affiliated party

of such institution which is provided to another insured depository

institution in response to a request from such other institution,

information concerning the possible involvement of such

institution-affiliated party in potentially unlawful activity.

‘‘(2) INFORMATION NOT REQUIRED.—Nothing in paragraph

(1) shall be construed, by itself, to create any affirmative duty

to include any information described in paragraph (1) in any

employment reference referred to in paragraph (1).

‘‘(3) MALICIOUS INTENT.—Notwithstanding any other provision

of this subsection, voluntary disclosure made by an insured

depository institution, and any director, officer, employee, or

agent of such institution under this subsection concerning

potentially unlawful activity that is made with malicious intent,

shall not be shielded from liability from the person identified

in the disclosure.

‘‘(4) DEFINITION.—For purposes of this subsection, the term

‘insured depository institution’ includes any uninsured branch

or agency of a foreign bank.’’.

SEC. 356. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES BROKERS

AND DEALERS; INVESTMENT COMPANY STUDY.

(a) DEADLINE FOR SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS

FOR REGISTERED BROKERS AND DEALERS.—The Secretary,

after consultation with the Securities and Exchange Commission

and the Board of Governors of the Federal Reserve System, shall

publish proposed regulations in the Federal Register before January

1, 2002, requiring brokers and dealers registered with the Securities

and Exchange Commission under the Securities Exchange Act of

1934 to submit suspicious activity reports under section 5318(g)

of title 31, United States Code. Such regulations shall be published

in final form not later than July 1, 2002.

(b) SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS FOR

FUTURES COMMISSION MERCHANTS, COMMODITY TRADING ADVISORS,

AND COMMODITY POOL OPERATORS.—The Secretary, in consultation

with the Commodity Futures Trading Commission, may prescribe

regulations requiring futures commission merchants, commodity

trading advisors, and commodity pool operators registered under

the Commodity Exchange Act to submit suspicious activity reports

under section 5318(g) of title 31, United States Code.

(1) IN GENERAL.—Not later than 1 year after the date

of enactment of this Act, the Secretary, the Board of Governors

of the Federal Reserve System, and the Securities and

Exchange Commission shall jointly submit a report to the Congress

on recommendations for effective regulations to apply

the requirements of subchapter II of chapter 53 of title 31,

Deadline.

31 USC 5311

note.

31 USC 5318

note.

Regulations.

Federal Register,

publication.

31 USC 5318

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00054 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 325

United States Code, to investment companies pursuant to section

5312(a)(2)(I) of title 31, United States Code.

(2) DEFINITION.—For purposes of this subsection, the term

‘‘investment company’’—

(A) has the same meaning as in section 3 of the Investment

Company Act of 1940 (15 U.S.C. 80a–3); and

(B) includes any person that, but for the exceptions

provided for in paragraph (1) or (7) of section 3(c) of the

Investment Company Act of 1940 (15 U.S.C. 80a–3(c)),

would be an investment company.

(3) ADDITIONAL RECOMMENDATIONS.—The report required

by paragraph (1) may make different recommendations for different

types of entities covered by this subsection.

(4) BENEFICIAL OWNERSHIP OF PERSONAL HOLDING COMPANIES.—

The report described in paragraph (1) shall also include

recommendations as to whether the Secretary should promulgate

regulations to treat any corporation or business or other

grantor trust whose assets are predominantly securities, bank

certificates of deposit, or other securities or investment

instruments (other than such as relate to operating subsidiaries

of such corporation or trust) and that has 5 or fewer common

shareholders or holders of beneficial or other equity interest,

as a financial institution within the meaning of that phrase

in section 5312(a)(2)(I) and whether to require such corporations

or trusts to disclose their beneficial owners when opening

accounts or initiating funds transfers at any domestic financial

institution.

SEC. 357. SPECIAL REPORT ON ADMINISTRATION OF BANK SECRECY

PROVISIONS.

(a) REPORT REQUIRED.—Not later than 6 months after the

date of enactment of this Act, the Secretary shall submit a report

to the Congress relating to the role of the Internal Revenue Service

in the administration of subchapter II of chapter 53 of title 31,

United States Code (commonly known as the ‘‘Bank Secrecy Act’’).

(b) CONTENTS.—The report required by subsection (a)—

(1) shall specifically address, and contain recommendations

concerning—

(A) whether it is advisable to shift the processing of

information reporting to the Department of the Treasury

under the Bank Secrecy Act provisions to facilities other

than those managed by the Internal Revenue Service; and

(B) whether it remains reasonable and efficient, in

light of the objective of both anti-money-laundering programs

and Federal tax administration, for the Internal

Revenue Service to retain authority and responsibility for

audit and examination of the compliance of money services

businesses and gaming institutions with those Bank

Secrecy Act provisions; and

(2) shall, if the Secretary determines that the information

processing responsibility or the audit and examination responsibility

of the Internal Revenue Service, or both, with respect

to those Bank Secrecy Act provisions should be transferred

to other agencies, include the specific recommendations of the

Secretary regarding the agency or agencies to which any such

function should be transferred, complete with a budgetary and

resources plan for expeditiously accomplishing the transfer.

Deadline.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00055 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 326 PUBLIC LAW 107–56—OCT. 26, 2001

SEC. 358. BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED

STATES INTELLIGENCE AGENCIES TO FIGHT INTERNATIONAL

TERRORISM.

(a) AMENDMENT RELATING TO THE PURPOSES OF CHAPTER 53

OF TITLE 31, UNITED STATES CODE.—Section 5311 of title 31, United

States Code, is amended by inserting before the period at the

end the following: ‘‘, or in the conduct of intelligence or counterintelligence

activities, including analysis, to protect against international

terrorism’’.

(b) AMENDMENT RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES.—

Section 5318(g)(4)(B) of title 31, United States Code, is

amended by striking ‘‘or supervisory agency’’ and inserting ‘‘, supervisory

agency, or United States intelligence agency for use in the

conduct of intelligence or counterintelligence activities, including

analysis, to protect against international terrorism’’.

5319 of title 31, United States Code, is amended to read

as follows:

‘‘§ 5319. Availability of reports

‘‘The Secretary of the Treasury shall make information in a

report filed under this subchapter available to an agency, including

any State financial institutions supervisory agency, United States

intelligence agency or self-regulatory organization registered with

the Securities and Exchange Commission or the Commodity Futures

Trading Commission, upon request of the head of the agency or

organization. The report shall be available for a purpose that is

consistent with this subchapter. The Secretary may only require

reports on the use of such information by any State financial

institutions supervisory agency for other than supervisory purposes

or by United States intelligence agencies. However, a report and

records of reports are exempt from disclosure under section 552

of title 5.’’.

(d) AMENDMENT RELATING TO THE PURPOSES OF THE BANK

SECRECY ACT PROVISIONS.—Section 21(a) of the Federal Deposit

Insurance Act (12 U.S.C. 1829b(a)) is amended to read as follows:

‘‘(a) CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.—

‘‘(1) FINDINGS.—Congress finds that—

‘‘(A) adequate records maintained by insured depository

institutions have a high degree of usefulness in criminal,

tax, and regulatory investigations or proceedings, and that,

given the threat posed to the security of the Nation on

and after the terrorist attacks against the United States

on September 11, 2001, such records may also have a

high degree of usefulness in the conduct of intelligence

or counterintelligence activities, including analysis, to protect

against domestic and international terrorism; and

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

made by insured depository institutions of checks, as well

as records kept by such institutions, of the identity of

persons maintaining or authorized to act with respect to

accounts therein, have been of particular value in proceedings

described in subparagraph (A).

‘‘(2) PURPOSE.—It is the purpose of this section to require

the maintenance of appropriate types of records by insured

depository institutions in the United States where such records

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00056 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 327

have a high degree of usefulness in criminal, tax, or regulatory

investigations or proceedings, recognizes that, given the threat

posed to the security of the Nation on and after the terrorist

attacks against the United States on September 11, 2001, such

records may also have a high degree of usefulness in the

conduct of intelligence or counterintelligence activities,

including analysis, to protect against international terrorism.’’.

(e) AMENDMENT RELATING TO THE PURPOSES OF THE BANK

SECRECY ACT.—Section 123(a) of Public Law 91–508 (12 U.S.C.

1953(a)) is amended to read as follows:

‘‘(a) REGULATIONS.—If the Secretary determines that the

maintenance of appropriate records and procedures by any uninsured

bank or uninsured institution, or any person engaging in

the business of carrying on in the United States any of the functions

referred to in subsection (b), has a high degree of usefulness in

criminal, tax, or regulatory investigations or proceedings, and that,

given the threat posed to the security of the Nation on and after

the terrorist attacks against the United States on September 11,

2001, such records may also have a high degree of usefulness

in the conduct of intelligence or counterintelligence activities,

including analysis, to protect against international terrorism, he

may by regulation require such bank, institution, or person.’’.

(f) AMENDMENTS TO THE RIGHT TO FINANCIAL PRIVACY ACT.—

The Right to Financial Privacy Act of 1978 is amended—

(1) in section 1112(a) (12 U.S.C. 3412(a)), by inserting

‘‘, or intelligence or counterintelligence activity, investigation

or analysis related to international terrorism’’ after ‘‘legitimate

law enforcement inquiry’’;

(2) in section 1114(a)(1) (12 U.S.C. 3414(a)(1))—

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

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

the end and inserting ‘‘; or’’; and

‘‘(C) a Government authority authorized to conduct

investigations of, or intelligence or counterintelligence analyses

related to, international terrorism for the purpose

of conducting such investigations or analyses.’’; and

(3) in section 1120(a)(2) (12 U.S.C. 3420(a)(2)), by inserting

‘‘, or for a purpose authorized by section 1112(a)’’ before the

semicolon at the end.

(g) AMENDMENT TO THE FAIR CREDIT REPORTING ACT.—

(1) IN GENERAL.—The Fair Credit Reporting Act (15 U.S.C.

1681 et seq.) is amended—

(A) by redesignating the second of the 2 sections designated

as section 624 (15 U.S.C. 1681u) (relating to disclosure

to FBI for counterintelligence purposes) as section

625; and

(B) by adding at the end the following new section:

‘‘§626. Disclosures to governmental agencies for

counterterrorism purposes

‘‘(a) DISCLOSURE.—Notwithstanding section 604 or any other

provision of this title, a consumer reporting agency shall furnish

a consumer report of a consumer and all other information in

a consumer’s file to a government agency authorized to conduct

investigations of, or intelligence or counterintelligence activities

or analysis related to, international terrorism when presented with

15 USC 1681v.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00057 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

a written certification by such government agency that such

information is necessary for the agency’s conduct or such investigation,

activity or analysis.

‘‘(b) FORM OF CERTIFICATION.—The certification described in

subsection (a) shall be signed by a supervisory official designated

by the head of a Federal agency or an officer of a Federal agency

whose appointment to office is required to be made by the President,

by and with the advice and consent of the Senate.

‘‘(c) CONFIDENTIALITY.—No consumer reporting agency, or

officer, employee, or agent of such consumer reporting agency, shall

disclose to any person, or specify in any consumer report, that

a government agency has sought or obtained access to information

under subsection (a).

‘‘(d) RULE OF CONSTRUCTION.—Nothing in section 625 shall

be construed to limit the authority of the Director of the Federal

Bureau of Investigation under this section.

‘‘(e) SAFE HARBOR.—Notwithstanding any other provision of

this title, any consumer reporting agency or agent or employee

thereof making disclosure of consumer reports or other information

pursuant to this section in good-faith reliance upon a certification

of a governmental agency pursuant to the provisions of this section

shall not be liable to any person for such disclosure under this

subchapter, the constitution of any State, or any law or regulation

of any State or any political subdivision of any State.’’.

(2) CLERICAL AMENDMENTS.—The table of sections for the

Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended—

(A) by redesignating the second of the 2 items designated

as section 624 as section 625; and

(B) by inserting after the item relating to section 625

(as so redesignated) the following new item:

‘‘626. Disclosures to governmental agencies for counterterrorism purposes.’’.

(h) APPLICATION OF AMENDMENTS.—The amendments made by

this section shall apply with respect to reports filed or records

maintained on, before, or after the date of enactment of this Act.

SEC. 359. REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND

BANKING SYSTEMS.

(a) DEFINITION FOR SUBCHAPTER.—Section 5312(a)(2)(R) of title

31, United States Code, is amended to read as follows:

‘‘(R) a licensed sender of money or any other person

who engages as a business in the transmission of funds,

including any person who engages as a business in an

informal money transfer system or any network of people

who engage as a business in facilitating the transfer of

money domestically or internationally outside of the

conventional financial institutions system;’’.

(b) MONEY TRANSMITTING BUSINESS.—Section 5330(d)(1)(A) of

title 31, United States Code, is amended by inserting before the

semicolon the following: ‘‘or any other person who engages as a

business in the transmission of funds, including any person who

engages as a business in an informal money transfer system or

any network of people who engage as a business in facilitating

the transfer of money domestically or internationally outside of

the conventional financial institutions system;’’.

States Code, as amended by this title, is amended by adding at

the end the following:

12 USC 1829b

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00058 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

‘‘(l) APPLICABILITY OF RULES.—Any rules promulgated pursuant

to the authority contained in section 21 of the Federal Deposit

Insurance Act (12 U.S.C. 1829b) shall apply, in addition to any

other financial institution to which such rules apply, to any person

that engages as a business in the transmission of funds, including

any person who engages as a business in an informal money transfer

system or any network of people who engage as a business in

facilitating the transfer of money domestically or internationally

outside of the conventional financial institutions system.’’.

(d) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Secretary of the Treasury shall report to Congress

on the need for any additional legislation relating to persons who

engage as a business in an informal money transfer system or

any network of people who engage as a business in facilitating

the transfer of money domestically or internationally outside of

the conventional financial institutions system, counter money laundering

and regulatory controls relating to underground money movement

and banking systems, including whether the threshold for

the filing of suspicious activity reports under section 5318(g) of

title 31, United States Code should be lowered in the case of

such systems.

SEC. 360. USE OF AUTHORITY OF UNITED STATES EXECUTIVE DIRECTORS.

(a) ACTION BY THE PRESIDENT.—If the President determines

that a particular foreign country has taken or has committed to

take actions that contribute to efforts of the United States to

respond to, deter, or prevent acts of international terrorism, the

Secretary may, consistent with other applicable provisions of law,

instruct the United States Executive Director of each international

financial institution to use the voice and vote of the Executive

Director to support any loan or other utilization of the funds of

respective institutions for such country, or any public or private

entity within such country.

(b) USE OF VOICE AND VOTE.—The Secretary may instruct

the United States Executive Director of each international financial

institution to aggressively use the voice and vote of the Executive

Director to require an auditing of disbursements at such institutions

to ensure that no funds are paid to persons who commit, threaten

to commit, or support terrorism.

financial institution’’ means an institution described in

section 1701(c)(2) of the International Financial Institutions Act

(22 U.S.C. 262r(c)(2)).

SEC. 361. FINANCIAL CRIMES ENFORCEMENT NETWORK.

(a) IN GENERAL.—Subchapter I of chapter 3 of title 31, United

States Code, is amended—

(1) by redesignating section 310 as section 311; and

(2) by inserting after section 309 the following new section:

‘‘§ 310. Financial Crimes Enforcement Network

‘‘(a) IN GENERAL.—The Financial Crimes Enforcement Network

established by order of the Secretary of the Treasury (Treasury

Order Numbered 105-08, in this section referred to as ‘FinCEN’)

on April 25, 1990, shall be a bureau in the Department of the

Treasury.

‘‘(b) DIRECTOR.—

22 USC 262p–4r.

Deadline.

31 USC 5311

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00059 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 330 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(1) APPOINTMENT.—The head of FinCEN shall be the

Director, who shall be appointed by the Secretary of the

Treasury.

‘‘(2) DUTIES AND POWERS.—The duties and powers of the

Director are as follows:

‘‘(A) Advise and make recommendations on matters

relating to financial intelligence, financial criminal activities,

and other financial activities to the Under Secretary

of the Treasury for Enforcement.

‘‘(B) Maintain a government-wide data access service,

with access, in accordance with applicable legal requirements,

to the following:

‘‘(i) Information collected by the Department of

the Treasury, including report information filed under

subchapter II of chapter 53 of this title (such as reports

on cash transactions, foreign financial agency transactions

and relationships, foreign currency transactions,

exporting and importing monetary

instruments, and suspicious activities), chapter 2 of

title I of Public Law 91–508, and section 21 of the

Federal Deposit Insurance Act.

‘‘(ii) Information regarding national and international

currency flows.

‘‘(iii) Other records and data maintained by other

Federal, State, local, and foreign agencies, including

financial and other records developed in specific cases.

‘‘(iv) Other privately and publicly available

information.

‘‘(C) Analyze and disseminate the available data in

accordance with applicable legal requirements and policies

and guidelines established by the Secretary of the Treasury

and the Under Secretary of the Treasury for Enforcement

to—

‘‘(i) identify possible criminal activity to appropriate

Federal, State, local, and foreign law enforcement

agencies;

‘‘(ii) support ongoing criminal financial investigations

and prosecutions and related proceedings,

including civil and criminal tax and forfeiture proceedings;

‘‘(iii) identify possible instances of noncompliance

with subchapter II of chapter 53 of this title, chapter

2 of title I of Public Law 91–508, and section 21 of

the Federal Deposit Insurance Act to Federal agencies

with statutory responsibility for enforcing compliance

with such provisions and other appropriate Federal

regulatory agencies;

‘‘(iv) evaluate and recommend possible uses of special

currency reporting requirements under section

5326;

‘‘(v) determine emerging trends and methods in

money laundering and other financial crimes;

‘‘(vi) support the conduct of intelligence or counterintelligence

activities, including analysis, to protect

against international terrorism; and

‘‘(vii) support government initiatives against

money laundering.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00060 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 331

‘‘(D) Establish and maintain a financial crimes communications

center to furnish law enforcement authorities

with intelligence information related to emerging or

ongoing investigations and undercover operations.

‘‘(E) Furnish research, analytical, and informational

services to financial institutions, appropriate Federal regulatory

agencies with regard to financial institutions, and

appropriate Federal, State, local, and foreign law enforcement

authorities, in accordance with policies and guidelines

established by the Secretary of the Treasury or the Under

Secretary of the Treasury for Enforcement, in the interest

of detection, prevention, and prosecution of terrorism, organized

crime, money laundering, and other financial crimes.

‘‘(F) Assist Federal, State, local, and foreign law

enforcement and regulatory authorities in combatting the

use of informal, nonbank networks and payment and barter

system mechanisms that permit the transfer of funds or

the equivalent of funds without records and without compliance

with criminal and tax laws.

‘‘(G) Provide computer and data support and data analysis

to the Secretary of the Treasury for tracking and

controlling foreign assets.

‘‘(H) Coordinate with financial intelligence units in

other countries on anti-terrorism and anti-money laundering

initiatives, and similar efforts.

‘‘(I) Administer the requirements of subchapter II of

chapter 53 of this title, chapter 2 of title I of Public Law

91–508, and section 21 of the Federal Deposit Insurance

Act, to the extent delegated such authority by the Secretary

of the Treasury.

‘‘(J) Such other duties and powers as the Secretary

of the Treasury may delegate or prescribe.

‘‘(c) REQUIREMENTS RELATING TO MAINTENANCE AND USE OF

DATA BANKS.—The Secretary of the Treasury shall establish and

maintain operating procedures with respect to the governmentwide

data access service and the financial crimes communications

center maintained by FinCEN which provide—

‘‘(1) for the coordinated and efficient transmittal of information

to, entry of information into, and withdrawal of information

from, the data maintenance system maintained by the Network,

including—

‘‘(A) the submission of reports through the Internet

or other secure network, whenever possible;

‘‘(B) the cataloguing of information in a manner that

facilitates rapid retrieval by law enforcement personnel

of meaningful data; and

‘‘(C) a procedure that provides for a prompt initial

review of suspicious activity reports and other reports,

or such other means as the Secretary may provide, to

identify information that warrants immediate action; and

‘‘(2) in accordance with section 552a of title 5 and the

Right to Financial Privacy Act of 1978, appropriate standards

and guidelines for determining—

‘‘(A) who is to be given access to the information maintained

by the Network;

‘‘(B) what limits are to be imposed on the use of such

information; and

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00061 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 332 PUBLIC LAW 107–56—OCT. 26, 2001

‘‘(C) how information about activities or relationships

which involve or are closely associated with the exercise

of constitutional rights is to be screened out of the data

maintenance system.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for FinCEN such sums as may be necessary

for fiscal years 2002, 2003, 2004, and 2005.’’.

(b) COMPLIANCE WITH REPORTING REQUIREMENTS.—The Secretary

of the Treasury shall study methods for improving compliance

with the reporting requirements established in section 5314 of

title 31, United States Code, and shall submit a report on such

study to the Congress by the end of the 6-month period beginning

on the date of enactment of this Act and each 1-year period thereafter.

The initial report shall include historical data on compliance

with such reporting requirements.

I of chapter 3 of title 31, United States Code, is amended—

(1) by redesignating the item relating to section 310 as

section 311; and

(2) by inserting after the item relating to section 309 the

following new item:

‘‘310. Financial Crimes Enforcement Network.’’.

SEC. 362. ESTABLISHMENT OF HIGHLY SECURE NETWORK.

(a) IN GENERAL.—The Secretary shall establish a highly secure

network in the Financial Crimes Enforcement Network that—

(1) allows financial institutions to file reports required

under subchapter II or III of chapter 53 of title 31, United

States Code, chapter 2 of Public Law 91–508, or section 21

of the Federal Deposit Insurance Act through the secure network;

and

(2) provides financial institutions with alerts and other

information regarding suspicious activities that warrant immediate

and enhanced scrutiny.

(b) EXPEDITED DEVELOPMENT.—The Secretary shall take such

action as may be necessary to ensure that the secure network

required under subsection (a) is fully operational before the end

of the 9-month period beginning on the date of enactment of this

Act.

SEC. 363. INCREASE IN CIVIL AND CRIMINAL PENALTIES FOR MONEY

LAUNDERING.

(a) CIVIL PENALTIES.—Section 5321(a) of title 31, United States

Code, is amended by adding at the end the following:

‘‘(7) PENALTIES FOR INTERNATIONAL COUNTER MONEY LAUNDERING

VIOLATIONS.—The Secretary may impose a civil money

penalty in an amount equal to not less than 2 times the

amount of the transaction, but not more than $1,000,000, on

any financial institution or agency that violates any provision

of subsection (i) or (j) of section 5318 or any special measures

imposed under section 5318A.’’.

(b) CRIMINAL PENALTIES.—Section 5322 of title 31, United

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

‘‘(d) A financial institution or agency that violates any provision

of subsection (i) or (j) of section 5318, or any special measures

imposed under section 5318A, or any regulation prescribed under

subsection (i) or (j) of section 5318 or section 5318A, shall be

31 USC 310 note.

31 USC 5314

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00062 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 333

fined in an amount equal to not less than 2 times the amount

of the transaction, but not more than $1,000,000.’’.

SEC. 364. UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE

FACILITIES.

Section 11 of the Federal Reserve Act (12 U.S.C. 248) is

amended by adding at the end the following:

‘‘(q) UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE

FACILITIES.—

‘‘(1) Notwithstanding any other provision of law, to

authorize personnel to act as law enforcement officers to protect

and safeguard the premises, grounds, property, personnel,

including members of the Board, of the Board, or any Federal

reserve bank, and operations conducted by or on behalf of

the Board or a reserve bank.

‘‘(2) The Board may, subject to the regulations prescribed

under paragraph (5), delegate authority to a Federal reserve

bank to authorize personnel to act as law enforcement officers

to protect and safeguard the bank’s premises, grounds, property,

personnel, and operations conducted by or on behalf of the

bank.

‘‘(3) Law enforcement officers designated or authorized by

the Board or a reserve bank under paragraph (1) or (2) are

authorized while on duty to carry firearms and make arrests

without warrants for any offense against the United States

committed in their presence, or for any felony cognizable under

the laws of the United States committed or being committed

within the buildings and grounds of the Board or a reserve

bank if they have reasonable grounds to believe that the person

to be arrested has committed or is committing such a felony.

Such officers shall have access to law enforcement information

that may be necessary for the protection of the property or

personnel of the Board or a reserve bank.

‘‘(4) For purposes of this subsection, the term ‘law enforcement

officers’ means personnel who have successfully completed

law enforcement training and are authorized to carry firearms

and make arrests pursuant to this subsection.

‘‘(5) The law enforcement authorities provided for in this

subsection may be exercised only pursuant to regulations prescribed

by the Board and approved by the Attorney General.’’.

SEC. 365. REPORTS RELATING TO COINS AND CURRENCY RECEIVED

IN NONFINANCIAL TRADE OR BUSINESS.

(a) REPORTS REQUIRED.—Subchapter II of chapter 53 of title

31, United States Code, is amended by adding at the end the

following new section:

‘‘§ 5331. Reports relating to coins and currency received in

nonfinancial trade or business

‘‘(a) COIN AND CURRENCY RECEIPTS OF MORE THAN $10,000.—

Any person—

‘‘(1) who is engaged in a trade or business; and

‘‘(2) who, in the course of such trade or business, receives

more than $10,000 in coins or currency in 1 transaction (or

2 or more related transactions),

shall file a report described in subsection (b) with respect to such

transaction (or related transactions) with the Financial Crimes

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00063 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 334 PUBLIC LAW 107–56—OCT. 26, 2001

Enforcement Network at such time and in such manner as the

Secretary may, by regulation, prescribe.

‘‘(b) FORM AND MANNER OF REPORTS.—A report is described

in this subsection if such report—

‘‘(1) is in such form as the Secretary may prescribe;

‘‘(2) contains—

‘‘(A) the name and address, and such other identification

information as the Secretary may require, of the person

from whom the coins or currency was received;

‘‘(B) the amount of coins or currency received;

‘‘(C) the date and nature of the transaction; and

‘‘(D) such other information, including the identification

of the person filing the report, as the Secretary may

prescribe.

‘‘(c) EXCEPTIONS.—

‘‘(1) AMOUNTS RECEIVED BY FINANCIAL INSTITUTIONS.—Subsection

(a) shall not apply to amounts received in a transaction

reported under section 5313 and regulations prescribed under

such section.

‘‘(2) TRANSACTIONS OCCURRING OUTSIDE THE UNITED

STATES.—Except to the extent provided in regulations prescribed

by the Secretary, subsection (a) shall not apply to

any transaction if the entire transaction occurs outside the

United States.

‘‘(d) CURRENCY INCLUDES FOREIGN CURRENCY AND CERTAIN

MONETARY INSTRUMENTS.—

‘‘(1) IN GENERAL.—For purposes of this section, the term

‘currency’ includes—

‘‘(A) foreign currency; and

‘‘(B) to the extent provided in regulations prescribed

by the Secretary, any monetary instrument (whether or

not in bearer form) with a face amount of not more than

$10,000.

‘‘(2) SCOPE OF APPLICATION.—Paragraph (1)(B) shall not

apply to any check drawn on the account of the writer in

a financial institution referred to in subparagraph (A), (B),

(C), (D), (E), (F), (G), (J), (K), (R), or (S) of section 5312(a)(2).’’.

(b) PROHIBITION ON STRUCTURING TRANSACTIONS.—

(1) IN GENERAL.—Section 5324 of title 31, United States

Code, is amended—

(A) by redesignating subsections (b) and (c) as subsections

(B) by inserting after subsection (a) the following new

subsection:

‘‘(b) DOMESTIC COIN AND CURRENCY TRANSACTIONS INVOLVING

NONFINANCIAL TRADES OR BUSINESSES.—No person shall, for the

purpose of evading the report requirements of section 5333 or

any regulation prescribed under such section—

‘‘(1) cause or attempt to cause a nonfinancial trade or

business to fail to file a report required under section 5333

or any regulation prescribed under such section;

‘‘(2) cause or attempt to cause a nonfinancial trade or

business to file a report required under section 5333 or any

regulation prescribed under such section that contains a material

omission or misstatement of fact; or

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00064 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 335

‘‘(3) structure or assist in structuring, or attempt to structure

or assist in structuring, any transaction with 1 or more

nonfinancial trades or businesses.’’.

(2) TECHNICAL AND CONFORMING AMENDMENTS.—

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

title 31, United States Code, is amended by inserting

‘‘INVOLVING FINANCIAL INSTITUTIONS’’ after ‘‘TRANSACTIONS’’.

(B) Section 5317(c) of title 31, United States Code,

is amended by striking ‘‘5324(b)’’ and inserting ‘‘5324(c)’’.

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

Code, is amended—

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

(5) and (6), respectively; and

(B) by inserting after paragraph (3) the following new

paragraph:

‘‘(4) NONFINANCIAL TRADE OR BUSINESS.—The term ‘nonfinancial

trade or business’ means any trade or business other

than a financial institution that is subject to the reporting

requirements of section 5313 and regulations prescribed under

such section.’’.

(2) TECHNICAL AND CONFORMING AMENDMENTS.—

(A) Section 5312(a)(3)(C) of title 31, United States

Code, is amended by striking ‘‘section 5316,’’ and inserting

‘‘sections 5333 and 5316,’’.

(B) Subsections (a) through (f) of section 5318 of title

31, United States Code, and sections 5321, 5326, and 5328

of such title are each amended—

(i) by inserting ‘‘or nonfinancial trade or business’’

after ‘‘financial institution’’ each place such term

appears; and

(ii) by inserting ‘‘or nonfinancial trades or

businesses’’ after ‘‘financial institutions’’ each place

such term appears.

53 of title 31, United States Code, is amended by inserting after

the item relating to section 5332 (as added by section 112 of this

title) the following new item:

‘‘5331. Reports relating to coins and currency received in nonfinancial trade or business.’’.

(f) REGULATIONS.—Regulations which the Secretary determines

are necessary to implement this section shall be published in final

form before the end of the 6-month period beginning on the date

of enactment of this Act.

SEC. 366. EFFICIENT USE OF CURRENCY TRANSACTION REPORT

SYSTEM.

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

(1) The Congress established the currency transaction

reporting requirements in 1970 because the Congress found

then that such reports have a high degree of usefulness in

criminal, tax, and regulatory investigations and proceedings

and the usefulness of such reports has only increased in the

years since the requirements were established.

(2) In 1994, in response to reports and testimony that

excess amounts of currency transaction reports were interfering

31 USC 5313

note.

Publication.

31 USC 5331

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00065 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 336 PUBLIC LAW 107–56—OCT. 26, 2001

with effective law enforcement, the Congress reformed the currency

transaction report exemption requirements to provide—

(A) mandatory exemptions for certain reports that had

little usefulness for law enforcement, such as cash transfers

between depository institutions and cash deposits from

government agencies; and

(B) discretionary authority for the Secretary of the

Treasury to provide exemptions, subject to criteria and

guidelines established by the Secretary, for financial

institutions with regard to regular business customers that

maintain accounts at an institution into which frequent

cash deposits are made.

(3) Today there is evidence that some financial institutions

are not utilizing the exemption system, or are filing reports

even if there is an exemption in effect, with the result that

the volume of currency transaction reports is once again interfering

with effective law enforcement.

(b) STUDY AND REPORT.—

(1) STUDY REQUIRED.—The Secretary shall conduct a study

of—

(A) the possible expansion of the statutory exemption

system in effect under section 5313 of title 31, United

States Code; and

(B) methods for improving financial institution utilization

of the statutory exemption provisions as a way of

reducing the submission of currency transaction reports

that have little or no value for law enforcement purposes,

including improvements in the systems in effect at financial

institutions for regular review of the exemption procedures

used at the institution and the training of personnel in

its effective use.

(2) REPORT REQUIRED.—The Secretary of the Treasury shall

submit a report to the Congress before the end of the 1-year

period beginning on the date of enactment of this Act containing

the findings and conclusions of the Secretary with regard to

the study required under subsection (a), and such recommendations

for legislative or administrative action as the Secretary

determines to be appropriate.

Subtitle C—Currency Crimes and

Protection

SEC. 371. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED

STATES.

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

(1) Effective enforcement of the currency reporting requirements

of subchapter II of chapter 53 of title 31, United States

Code, and the regulations prescribed under such subchapter,

has forced drug dealers and other criminals engaged in cashbased

businesses to avoid using traditional financial institutions.

(2) In their effort to avoid using traditional financial

institutions, drug dealers and other criminals are forced to

move large quantities of currency in bulk form to and through

the airports, border crossings, and other ports of entry where

the currency can be smuggled out of the United States and

31 USC 5332

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00066 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 337

placed in a foreign financial institution or sold on the black

market.

(3) The transportation and smuggling of cash in bulk form

may now be the most common form of money laundering,

and the movement of large sums of cash is one of the most

reliable warning signs of drug trafficking, terrorism, money

laundering, racketeering, tax evasion and similar crimes.

(4) The intentional transportation into or out of the United

States of large amounts of currency or monetary instruments,

in a manner designed to circumvent the mandatory reporting

provisions of subchapter II of chapter 53 of title 31, United

States Code,, is the equivalent of, and creates the same harm

as, the smuggling of goods.

(5) The arrest and prosecution of bulk cash smugglers

are important parts of law enforcement’s effort to stop the

laundering of criminal proceeds, but the couriers who attempt

to smuggle the cash out of the United States are typically

low-level employees of large criminal organizations, and thus

are easily replaced. Accordingly, only the confiscation of the

smuggled bulk cash can effectively break the cycle of criminal

activity of which the laundering of the bulk cash is a critical

part.

(6) The current penalties for violations of the currency

reporting requirements are insufficient to provide a deterrent

to the laundering of criminal proceeds. In particular, in cases

where the only criminal violation under current law is a

reporting offense, the law does not adequately provide for the

confiscation of smuggled currency. In contrast, if the smuggling

of bulk cash were itself an offense, the cash could be confiscated

as the corpus delicti of the smuggling offense.

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

(1) to make the act of smuggling bulk cash itself a criminal

offense;

(2) to authorize forfeiture of any cash or instruments of

the smuggling offense; and

(3) to emphasize the seriousness of the act of bulk cash

smuggling.

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

by adding at the end the following:

‘‘§ 5332. Bulk cash smuggling into or out of the United States

‘‘(a) CRIMINAL OFFENSE.—

‘‘(1) IN GENERAL.—Whoever, with the intent to evade a

currency reporting requirement under section 5316, knowingly

conceals more than $10,000 in currency or other monetary

instruments on the person of such individual or in any conveyance,

article of luggage, merchandise, or other container, and

transports or transfers or attempts to transport or transfer

such currency or monetary instruments from a place within

the United States to a place outside of the United States,

or from a place outside the United States to a place within

the United States, shall be guilty of a currency smuggling

offense and subject to punishment pursuant to subsection (b).

‘‘(2) CONCEALMENT ON PERSON.—For purposes of this section,

the concealment of currency on the person of any individual

includes concealment in any article of clothing worn

31 USC 5332

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00067 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 338 PUBLIC LAW 107–56—OCT. 26, 2001

by the individual or in any luggage, backpack, or other container

worn or carried by such individual.

‘‘(b) PENALTY.—

‘‘(1) TERM OF IMPRISONMENT.—A person convicted of a currency

smuggling offense under subsection (a), or a conspiracy

to commit such offense, shall be imprisoned for not more than

5 years.

‘‘(2) FORFEITURE.—In addition, the court, in imposing sentence

under paragraph (1), shall order that the defendant forfeit

to the United States, any property, real or personal, involved

in the offense, and any property traceable to such property,

subject to subsection (d) of this section.

‘‘(3) PROCEDURE.—The seizure, restraint, and forfeiture of

property under this section shall be governed by section 413

of the Controlled Substances Act.

‘‘(4) PERSONAL MONEY JUDGMENT.—If the property subject

to forfeiture under paragraph (2) is unavailable, and the defendant

has insufficient substitute property that may be forfeited

pursuant to section 413(p) of the Controlled Substances Act,

the court shall enter a personal money judgment against the

defendant for the amount that would be subject to forfeiture.

‘‘(c) CIVIL FORFEITURE.—

‘‘(1) IN GENERAL.—Any property involved in a violation

of subsection (a), or a conspiracy to commit such violation,

and any property traceable to such violation or conspiracy,

may be seized and, subject to subsection (d) of this section,

forfeited to the United States.

‘‘(2) PROCEDURE.—The seizure and forfeiture shall be governed

by the procedures governing civil forfeitures in money

laundering cases pursuant to section 981(a)(1)(A) of title 18,

United States Code.

‘‘(3) TREATMENT OF CERTAIN PROPERTY AS INVOLVED IN THE

OFFENSE.—For purposes of this subsection and subsection (b),

any currency or other monetary instrument that is concealed

or intended to be concealed in violation of subsection (a) or

a conspiracy to commit such violation, any article, container,

or conveyance used, or intended to be used, to conceal or

transport the currency or other monetary instrument, and any

other property used, or intended to be used, to facilitate the

offense, shall be considered property involved in the offense.’’.

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.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00068 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 339

‘‘(B) PROCEDURE.—Forfeitures under this paragraph

shall be governed by the procedures established in section

413 of the Controlled Substances Act.

‘‘(2) CIVIL FORFEITURE.—Any property involved in a violation

of section 5313, 5316, or 5324 of this title, or any conspiracy

to commit any such violation, and any property traceable to

any such violation or conspiracy, may be seized and forfeited

to the United States in accordance with the procedures governing

civil forfeitures in money laundering cases pursuant

to section 981(a)(1)(A) of title 18, United States Code.’’.

(b) CONFORMING AMENDMENTS.—

(1) Section 981(a)(1)(A) of title 18, United States Code,

is amended—

(A) by striking ‘‘of section 5313(a) or 5324(a) of title

31, or’’; and

(B) by striking ‘‘However’’ and all that follows through

the end of the subparagraph.

(2) Section 982(a)(1) of title 18, United States Code, is

amended—

(A) by striking ‘‘of section 5313(a), 5316, or 5324 of

title 31, or’’; and

(B) by striking ‘‘However’’ and all that follows through

the end of the paragraph.

SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.

(a) SCIENTER REQUIREMENT FOR SECTION 1960 VIOLATION.—

Section 1960 of title 18, United States Code, is amended to read

as follows:

‘‘§ 1960. Prohibition of unlicensed money transmitting

businesses

‘‘(a) Whoever knowingly conducts, controls, manages, supervises,

directs, or owns all or part of an unlicensed money transmitting

business, shall be fined in accordance with this title or imprisoned

not more than 5 years, or both.

‘‘(b) As used in this section—

‘‘(1) the term ‘unlicensed money transmitting business’

means a money transmitting business which affects interstate

or foreign commerce in any manner or degree and—

‘‘(A) is operated without an appropriate money

transmitting license in a State where such operation is

punishable as a misdemeanor or a felony under State law,

whether or not the defendant knew that the operation

was required to be licensed or that the operation was

so punishable;

‘‘(B) fails to comply with the money transmitting business

registration requirements under section 5330 of title

31, United States Code, or regulations prescribed under

such section; or

‘‘(C) otherwise involves the transportation or transmission

of funds that are known to the defendant to have

been derived from a criminal offense or are intended to

be used to be used to promote or support unlawful activity;

‘‘(2) the term ‘money transmitting’ includes transferring

funds on behalf of the public by any and all means including

but not limited to transfers within this country or to locations

abroad by wire, check, draft, facsimile, or courier; and

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00069 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

‘‘(3) the term ‘State’ means any State of the United States,

the District of Columbia, the Northern Mariana Islands, and

any commonwealth, territory, or possession of the United

States.’’.

(b) SEIZURE OF ILLEGALLY TRANSMITTED FUNDS.—Section

981(a)(1)(A) of title 18, United States Code, is amended by striking

‘‘or 1957’’ and inserting ‘‘, 1957 or 1960’’.

95 of title 18, United States Code, is amended in the item relating

to section 1960 by striking ‘‘illegal’’ and inserting ‘‘unlicensed’’.

SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.

(a) COUNTERFEIT ACTS COMMITTED OUTSIDE THE UNITED

STATES.—Section 470 of title 18, United States Code, is amended—

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

image,’’ after ‘‘plate, stone,’’; and

(2) by striking ‘‘shall be fined under this title, imprisoned

not more than 20 years, or both’’ and inserting ‘‘shall be punished

as is provided for the like offense within the United

States’’.

(b) OBLIGATIONS OR SECURITIES OF THE UNITED STATES.—Section

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

‘‘fifteen years’’ and inserting ‘‘20 years’’.

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’’.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00070 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 341

(f) TAKING IMPRESSIONS OF TOOLS USED FOR OBLIGATIONS OR

SECURITIES.—Section 476 of title 18, United States Code, is

amended—

(1) by inserting ‘‘analog, digital, or electronic image,’’ after

‘‘impression, stamp,’’; and

(2) by striking ‘‘ten years’’ and inserting ‘‘25 years’’.

(g) POSSESSING OR SELLING IMPRESSIONS OF TOOLS USED FOR

OBLIGATIONS OR SECURITIES.—Section 477 of title 18, United States

Code, is amended—

(1) in the first paragraph, by inserting ‘‘analog, digital,

or electronic image,’’ after ‘‘imprint, stamp,’’;

(2) in the second paragraph, by inserting ‘‘analog, digital,

or electronic image,’’ after ‘‘imprint, stamp,’’; and

(3) in the third paragraph, by striking ‘‘ten years’’ and

inserting ‘‘25 years’’.

(h) CONNECTING PARTS OF DIFFERENT NOTES.—Section 484 of

title 18, United States Code, is amended by striking ‘‘five years’’

and inserting ‘‘10 years’’.

(i) BONDS AND OBLIGATIONS OF CERTAIN LENDING AGENCIES.—

The first and second paragraphs of section 493 of title 18, United

States Code, are each amended by striking ‘‘five years’’ and inserting

‘‘10 years’’.

SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.

(a) FOREIGN OBLIGATIONS OR SECURITIES.—Section 478 of title

18, United States Code, is amended by striking ‘‘five years’’ and

inserting ‘‘20 years’’.

(b) UTTERING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURITIES.—

Section 479 of title 18, United States Code, is amended

by striking ‘‘three years’’ and inserting ‘‘20 years’’.

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 SECURITIES.—

(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’’.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00071 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

(e) FOREIGN BANK NOTES.—Section 482 of title 18, United

States Code, is amended by striking ‘‘two years’’ and inserting

‘‘20 years’’.

(f) UTTERING COUNTERFEIT FOREIGN BANK NOTES.—Section 483

of title 18, United States Code, is amended by striking ‘‘one year’’

and inserting ‘‘20 years’’.

SEC. 376. LAUNDERING THE PROCEEDS OF TERRORISM.

Section 1956(c)(7)(D) of title 18, United States Code, is amended

by inserting ‘‘or 2339B’’ after ‘‘2339A’’.

SEC. 377. EXTRATERRITORIAL JURISDICTION.

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

adding at the end the following:

‘‘(h) Any person who, outside the jurisdiction of the United

States, engages in any act that, if committed within the jurisdiction

of the United States, would constitute an offense under subsection

(a) or (b) of this section, shall be subject to the fines, penalties,

imprisonment, and forfeiture provided in this title if—

‘‘(1) the offense involves an access device issued, owned,

managed, or controlled by a financial institution, account issuer,

credit card system member, or other entity within the jurisdiction

of the United States; and

‘‘(2) the person transports, delivers, conveys, transfers to

or through, or otherwise stores, secrets, or holds within the

jurisdiction of the United States, any article used to assist

in the commission of the offense or the proceeds of such offense

or property derived therefrom.’’.

TITLE IV—PROTECTING THE BORDER

Subtitle A—Protecting the Northern

Border

SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN

BORDER.

The Attorney General is authorized to waive any FTE cap

on personnel assigned to the Immigration and Naturalization

Service on the Northern border.

SEC. 402. NORTHERN BORDER PERSONNEL.

There are authorized to be appropriated—

(1) such sums as may be necessary to triple the number

of Border Patrol personnel (from the number authorized under

current law), and the necessary personnel and facilities to

support such personnel, in each State along the Northern

Border;

(2) such sums as may be necessary to triple the number

of Customs Service personnel (from the number authorized

under current law), and the necessary personnel and facilities

to support such personnel, at ports of entry in each State

along the Northern Border;

(3) such sums as may be necessary to triple the number

of INS inspectors (from the number authorized on the date

of the enactment of this Act), and the necessary personnel

Appropriation

authorization.

VerDate 11-MAY-2000 16:40 Nov 13, 2001 Jkt 099139 PO 00056 Frm 00072 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 SUSANP PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 343

and facilities to support such personnel, at ports of entry in

each State along the Northern Border; and

(4) an additional $50,000,000 each to the Immigration and

Naturalization Service and the United States Customs Service

for purposes of making improvements in technology for monitoring

the Northern Border and acquiring additional equipment

at the Northern Border.

SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO

CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL

HISTORY RECORDS OF VISA APPLICANTS AND

APPLICANTS FOR ADMISSION TO THE UNITED STATES.

(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.—

Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105)

is amended—

(1) in the section heading, by inserting ‘‘; DATA EXCHANGE’’

after ‘‘SECURITY OFFICERS’’;

(2) by inserting ‘‘(a)’’ after ‘‘SEC. 105.’’;

(3) in subsection (a), by inserting ‘‘and border’’ after

‘‘internal’’ the second place it appears; and

(4) by adding at the end the following:

‘‘(b)(1) The Attorney General and the Director of the Federal

Bureau of Investigation shall provide the Department of State

and the Service access to the criminal history record information

contained in the National Crime Information Center’s Interstate

Identification Index (NCIC-III), Wanted Persons File, and to any

other files maintained by the National Crime Information Center

that may be mutually agreed upon by the Attorney General and

the agency receiving the access, for the purpose of determining

whether or not a visa applicant or applicant for admission has

a criminal history record indexed in any such file.

‘‘(2) Such access shall be provided by means of extracts of

the records for placement in the automated visa lookout or other

appropriate database, and shall be provided without any fee or

charge.

‘‘(3) The Federal Bureau of Investigation shall provide periodic

updates of the extracts at intervals mutually agreed upon with

the agency receiving the access. Upon receipt of such updated

extracts, the receiving agency shall make corresponding updates

to its database and destroy previously provided extracts.

‘‘(4) Access to an extract does not entitle the Department of

State to obtain the full content of the corresponding automated

criminal history record. To obtain the full content of a criminal

history record, the Department of State shall submit the applicant’s

fingerprints and any appropriate fingerprint processing fee authorized

by law to the Criminal Justice Information Services Division

of the Federal Bureau of Investigation.

‘‘(c) The provision of the extracts described in subsection (b)

may be reconsidered by the Attorney General and the receiving

agency upon the development and deployment of a more cost-effective

and efficient means of sharing the information.

‘‘(d) For purposes of administering this section, the Department

of State shall, prior to receiving access to NCIC data but not

later than 4 months after the date of enactment of this subsection,

promulgate final regulations—

‘‘(1) to implement procedures for the taking of fingerprints;

and

Deadline.

Regulations.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00073 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

‘‘(2) to establish the conditions for the use of the information

received from the Federal Bureau of Investigation, in order—

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

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

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

or to admit an alien to the United States;

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

of such information; and

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

are subjects of such information.’’.

(b) REPORTING REQUIREMENT.—Not later than 2 years after

the date of enactment of this Act, the Attorney General and the

Secretary of State jointly shall report to Congress on the

implementation of the amendments made by this section.

(1) IN GENERAL.—The Attorney General and the Secretary

of State jointly, through the National Institute of Standards

and Technology (NIST), and in consultation with the Secretary

of the Treasury and other Federal law enforcement and intelligence

agencies the Attorney General or Secretary of State

deems appropriate and in consultation with Congress, shall

within 2 years after the date of the enactment of this section,

develop and certify a technology standard that can be used

to verify the identity of persons applying for a United States

visa or such persons seeking to enter the United States pursuant

to a visa for the purposes of conducting background checks,

confirming identity, and ensuring that a person has not received

a visa under a different name or such person seeking to enter

the United States pursuant to a visa.

(2) INTEGRATED.—The technology standard developed

pursuant to paragraph (1), shall be the technological basis

for a cross-agency, cross-platform electronic system that is a

cost-effective, efficient, fully integrated means to share law

enforcement and intelligence information necessary to confirm

the identity of such persons applying for a United States visa

or such person seeking to enter the United States pursuant

to a visa.

(3) ACCESSIBLE.—The electronic system described in paragraph

(2), once implemented, shall be readily and easily accessible

to—

(A) all consular officers responsible for the issuance

of visas;

(B) all Federal inspection agents at all United States

border inspection points; and

determined by regulation to be responsible for investigation

or identification of aliens admitted to the United States

pursuant to a visa.

(4) REPORT.—Not later than 18 months after the date of

the enactment of this Act, and every 2 years thereafter, the

Attorney General and the Secretary of State shall jointly, in

consultation with the Secretary of Treasury, report to Congress

describing the development, implementation, efficacy, and privacy

implications of the technology standard and electronic

database system described in this subsection.

(5) FUNDING.—There is authorized to be appropriated to

the Secretary of State, the Attorney General, and the Director

Deadline.

8 USC 1379.

Deadline.

8 USC 1105 note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00074 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 345

of the National Institute of Standards and Technology such

sums as may be necessary to carry out the provisions of this

subsection.

(d) STATUTORY CONSTRUCTION.—Nothing in this section, or in

any other law, shall be construed to limit the authority of the

Attorney General or the Director of the Federal Bureau of Investigation

to provide access to the criminal history record information

contained in the National Crime Information Center’s (NCIC) Interstate

Identification Index (NCIC-III), or to any other information

maintained by the NCIC, to any Federal agency or officer authorized

to enforce or administer the immigration laws of the United States,

for the purpose of such enforcement or administration, upon terms

that are consistent with the National Crime Prevention and Privacy

Compact Act of 1998 (subtitle A of title II of Public Law 105–

251; 42 U.S.C. 14611–16) and section 552a of title 5, United States

Code.

SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.

The matter under the headings ‘‘Immigration And Naturalization

Service: Salaries and Expenses, Enforcement And Border

Affairs’’ and ‘‘Immigration And Naturalization Service: Salaries and

Expenses, Citizenship And Benefits, Immigration And Program

Direction’’ in the Department of Justice Appropriations Act, 2001

(as enacted into law by Appendix B (H.R. 5548) of Public Law

106–553 (114 Stat. 2762A–58 to 2762A–59)) is amended by striking

the following each place it occurs: ‘‘Provided, That none of the

funds available to the Immigration and Naturalization Service shall

be available to pay any employee overtime pay in an amount

in excess of $30,000 during the calendar year beginning January

1, 2001:’’.

SEC. 405. REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT

IDENTIFICATION SYSTEM FOR PORTS OF ENTRY AND

OVERSEAS CONSULAR POSTS.

(a) IN GENERAL.—The Attorney General, in consultation with

the appropriate heads of other Federal agencies, including the Secretary

of State, Secretary of the Treasury, and the Secretary of

Transportation, shall report to Congress on the feasibility of

enhancing the Integrated Automated Fingerprint Identification

System (IAFIS) of the Federal Bureau of Investigation and other

identification systems in order to better identify a person who

holds a foreign passport or a visa and may be wanted in connection

with a criminal investigation in the United States or abroad, before

the issuance of a visa to that person or the entry or exit from

the United States by that person.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated not less than $2,000,000 to carry out this section.

Subtitle B—Enhanced Immigration

Provisions

SEC. 411. DEFINITIONS RELATING TO TERRORISM.

(a) GROUNDS OF INADMISSIBILITY.—Section 212(a)(3) of the

Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended—

(1) in subparagraph (B)—

(A) in clause (i)—

8 USC 1379 note.

8 USC 1105 note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00075 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 346 PUBLIC LAW 107–56—OCT. 26, 2001

(i) by amending subclause (IV) to read as follows:

‘‘(IV) is a representative (as defined in clause

(v)) of—

‘‘(aa) a foreign terrorist organization, as

designated by the Secretary of State under

section 219, or

‘‘(bb) a political, social or other similar

group whose public endorsement of acts of terrorist

activity the Secretary of State has determined

undermines United States efforts to

reduce or eliminate terrorist activities,’’;

(ii) in subclause (V), by inserting ‘‘or’’ after ‘‘section

219,’’; and

(iii) by adding at the end the following new subclauses:

‘‘(VI) has used the alien’s position of prominence

within any country to endorse or espouse

terrorist activity, or to persuade others to support

terrorist activity or a terrorist organization, in a

way that the Secretary of State has determined

undermines United States efforts to reduce or

eliminate terrorist activities, or

‘‘(VII) is the spouse or child of an alien who

is inadmissible under this section, if the activity

causing the alien to be found inadmissible occurred

within the last 5 years,’’;

(B) by redesignating clauses (ii), (iii), and (iv) as clauses

(iii), (iv), and (v), respectively;

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;

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00076 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

‘‘(III) to gather information on potential targets

for terrorist activity;

‘‘(IV) to solicit funds or other things of value

for—

‘‘(aa) a terrorist activity;

‘‘(bb) a terrorist organization described in

clause (vi)(I) or (vi)(II); or

‘‘(cc) a terrorist organization described in

clause (vi)(III), unless the solicitor can demonstrate

that he did not know, and should

not reasonably have known, that the solicitation

would further the organization’s terrorist

activity;

‘‘(V) to solicit any individual—

‘‘(aa) to engage in conduct otherwise

described in this clause;

‘‘(bb) for membership in a terrorist

organization described in clause (vi)(I) or

(vi)(II); or

‘‘(cc) for membership in a terrorist

organization described in clause (vi)(III),

unless the solicitor can demonstrate that he

did not know, and should not reasonably have

known, that the solicitation would further the

organization’s terrorist activity; or

‘‘(VI) to commit an act that the actor knows,

or reasonably should know, affords material support,

including a safe house, transportation,

communications, funds, transfer of funds or other

material financial benefit, false documentation or

identification, weapons (including chemical,

biological, or radiological weapons), explosives, or

training—

‘‘(aa) for the commission of a terrorist

activity;

‘‘(bb) to any individual who the actor

knows, or reasonably should know, has committed

or plans to commit a terrorist activity;

‘‘(cc) to a terrorist organization described

in clause (vi)(I) or (vi)(II); or

‘‘(dd) to a terrorist organization described

in clause (vi)(III), unless the actor can demonstrate

that he did not know, and should

not reasonably have known, that the act would

further the organization’s terrorist activity.

This clause shall not apply to any material support

the alien afforded to an organization or individual

that has committed terrorist activity, if the Secretary

of State, after consultation with the

Attorney General, or the Attorney General, after

consultation with the Secretary of State, concludes

in his sole unreviewable discretion, that this clause

should not apply.’’; and

(G) by adding at the end the following new clause:

‘‘(vi) TERRORIST ORGANIZATION DEFINED.—As used

in clause (i)(VI) and clause (iv), the term ‘terrorist

organization’ means an organization—

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00077 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

‘‘(I) designated under section 219;

‘‘(II) otherwise designated, upon publication

in the Federal Register, by the Secretary of State

in consultation with or upon the request of the

Attorney General, as a terrorist organization, after

finding that the organization engages in the activities

described in subclause (I), (II), or (III) of clause

(iv), or that the organization provides material

support to further terrorist activity; or

‘‘(III) that is a group of two or more individuals,

whether organized or not, which engages in

the activities described in subclause (I), (II), or

(III) of clause (iv).’’; and

(2) by adding at the end the following new subparagraph:

‘‘(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS.—

Any alien who the Secretary of State, after consultation

with the Attorney General, or the Attorney General, after

consultation with the Secretary of State, determines has

been associated with a terrorist organization and intends

while in the United States to engage solely, principally,

or incidentally in activities that could endanger the welfare,

safety, or security of the United States is inadmissible.’’.

(b) CONFORMING AMENDMENTS.—

(1) Section 237(a)(4)(B) of the Immigration and Nationality

Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ‘‘section

212(a)(3)(B)(iii)’’ and inserting ‘‘section 212(a)(3)(B)(iv)’’.

(2) Section 208(b)(2)(A)(v) of the Immigration and Nationality

Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking

‘‘or (IV)’’ and inserting ‘‘(IV), or (VI)’’.

(1) IN GENERAL.—Except as otherwise provided in this subsection,

the amendments made by this section shall take effect

on the date of the enactment of this Act and shall apply

to—

(A) actions taken by an alien before, on, or after such

date; and

(B) all aliens, without regard to the date of entry

or attempted entry into the United States—

(i) in removal proceedings on or after such date

(except for proceedings in which there has been a final

administrative decision before such date); or

(ii) seeking admission to the United States on or

after such date.

(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION

PROCEEDINGS.—Notwithstanding any other provision of law,

sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and

Nationality Act, as amended by this Act, shall apply to all

aliens in exclusion or deportation proceedings on or after the

date of the enactment of this Act (except for proceedings in

which there has been a final administrative decision before

such date) as if such proceedings were removal proceedings.

(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS AND

ORGANIZATIONS DESIGNATED UNDER SECTION

212(a)(3)(B)(vi)(II).—

(A) IN GENERAL.—Notwithstanding paragraphs (1) and

(2), no alien shall be considered inadmissible under section

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

8 USC 1182 note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00078 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 349

1182(a)(3)), or deportable under section 237(a)(4)(B) of such

Act (8 U.S.C. 1227(a)(4)(B)), by reason of the amendments

made by subsection (a), on the ground that the alien

engaged in a terrorist activity described in subclause

(IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of

such Act (as so amended) with respect to a group at any

time when the group was not a terrorist organization designated

by the Secretary of State under section 219 of

such Act (8 U.S.C. 1189) or otherwise designated under

section 212(a)(3)(B)(vi)(II) of such Act (as so amended).

(B) STATUTORY CONSTRUCTION.—Subparagraph (A)

shall not be construed to prevent an alien from being

considered inadmissible or deportable for having engaged

in a terrorist activity—

(i) described in subclause (IV)(bb), (V)(bb), or

(VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so

amended) with respect to a terrorist organization at

any time when such organization was designated by

the Secretary of State under section 219 of such Act

or otherwise designated under section

212(a)(3)(B)(vi)(II) of such Act (as so amended); or

(ii) described in subclause (IV)(cc), (V)(cc), or

(VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so

amended) with respect to a terrorist organization

described in section 212(a)(3)(B)(vi)(III) of such Act

(as so amended).

(4) EXCEPTION.—The Secretary of State, in consultation

with the Attorney General, may determine that the amendments

made by this section shall not apply with respect to

actions by an alien taken outside the United States before

the date of the enactment of this Act upon the recommendation

of a consular officer who has concluded that there is not reasonable

ground to believe that the alien knew or reasonably should

have known that the actions would further a terrorist activity.

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

1189(a)) is amended—

(1) in paragraph (1)(B), by inserting ‘‘or terrorism (as

defined in section 140(d)(2) of the Foreign Relations Authorization

Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)),

or retains the capability and intent to engage in terrorist

activity or terrorism’’ after ‘‘212(a)(3)(B)’’;

(2) in paragraph (1)(C), by inserting ‘‘or terrorism’’ after

‘‘terrorist activity’’;

(3) by amending paragraph (2)(A) to read as follows:

‘‘(A) NOTICE.—

‘‘(i) TO CONGRESSIONAL LEADERS.—Seven days

before making a designation under this subsection,

the Secretary shall, by classified communication, notify

the Speaker and Minority Leader of the House of Representatives,

the President pro tempore, Majority

Leader, and Minority Leader of the Senate, and the

members of the relevant committees of the House of

Representatives and the Senate, in writing, of the

Classified

information.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00079 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 350 PUBLIC LAW 107–56—OCT. 26, 2001

intent to designate an organization under this subsection,

together with the findings made under paragraph

(1) with respect to that organization, and the

factual basis therefor.

‘‘(ii) PUBLICATION IN FEDERAL REGISTER.—The Secretary

shall publish the designation in the Federal

under clause (i).’’;

(4) in paragraph (2)(B)(i), by striking ‘‘subparagraph (A)’’

and inserting ‘‘subparagraph (A)(ii)’’;

(5) in paragraph (2)(C), by striking ‘‘paragraph (2)’’ and

inserting ‘‘paragraph (2)(A)(i)’’;

(6) in paragraph (3)(B), by striking ‘‘subsection (c)’’ and

inserting ‘‘subsection (b)’’;

(7) in paragraph (4)(B), by inserting after the first sentence

the following: ‘‘The Secretary also may redesignate such

organization at the end of any 2-year redesignation period

(but not sooner than 60 days prior to the termination of such

period) for an additional 2-year period upon a finding that

the relevant circumstances described in paragraph (1) still exist.

Any redesignation shall be effective immediately following the

end of the prior 2-year designation or redesignation period

unless a different effective date is provided in such redesignation.’’;

(8) in paragraph (6)(A)—

(A) by inserting ‘‘or a redesignation made under paragraph

(4)(B)’’ after ‘‘paragraph (1)’’;

(B) in clause (i)—

(i) by inserting ‘‘or redesignation’’ after ‘‘designation’’

the first place it appears; and

(ii) by striking ‘‘of the designation’’; and

(9) in paragraph (6)(B)—

(A) by striking ‘‘through (4)’’ and inserting ‘‘and (3)’’;

and

(B) by inserting at the end the following new sentence:

‘‘Any revocation shall take effect on the date specified in

the revocation or upon publication in the Federal Register

if no effective date is specified.’’;

(10) in paragraph (7), by inserting ‘‘, or the revocation

of a redesignation under paragraph (6),’’ after ‘‘paragraph (5)

or (6)’’; and

(11) in paragraph (8)—

(A) by striking ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph

(2)(B), or if a redesignation under this subsection

has become effective under paragraph (4)(B)’’;

(B) by inserting ‘‘or an alien in a removal proceeding’’

after ‘‘criminal action’’; and

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:

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00080 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 351

‘‘MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS

CORPUS; JUDICIAL REVIEW

‘‘SEC. 236A. (a) DETENTION OF TERRORIST ALIENS.—

‘‘(1) CUSTODY.—The Attorney General shall take into custody

any alien who is certified under paragraph (3).

‘‘(2) RELEASE.—Except as provided in paragraphs (5) and

(6), the Attorney General shall maintain custody of such an

alien until the alien is removed from the United States. Except

as provided in paragraph (6), such custody shall be maintained

irrespective of any relief from removal for which the alien

may be eligible, or any relief from removal granted the alien,

until the Attorney General determines that the alien is no

longer an alien who may be certified under paragraph (3).

If the alien is finally determined not to be removable, detention

pursuant to this subsection shall terminate.

‘‘(3) CERTIFICATION.—The Attorney General may certify an

alien under this paragraph if the Attorney General has reasonable

grounds to believe that the alien—

‘‘(A) is described in section 212(a)(3)(A)(i),

212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i),

237(a)(4)(A)(iii), or 237(a)(4)(B); or

‘‘(B) is engaged in any other activity that endangers

the national security of the United States.

‘‘(4) NONDELEGATION.—The Attorney General may delegate

the authority provided under paragraph (3) only to the Deputy

Attorney General. The Deputy Attorney General may not delegate

such authority.

‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The Attorney General

shall place an alien detained under paragraph (1) in

removal proceedings, or shall charge the alien with a criminal

offense, not later than 7 days after the commencement of such

detention. If the requirement of the preceding sentence is not

satisfied, the Attorney General shall release the alien.

‘‘(6) LIMITATION ON INDEFINITE DETENTION.—An alien

detained solely under paragraph (1) who has not been removed

under section 241(a)(1)(A), and whose removal is unlikely in

the reasonably foreseeable future, may be detained for additional

periods of up to six months only if the release of the

alien will threaten the national security of the United States

or the safety of the community or any person.

‘‘(7) REVIEW OF CERTIFICATION.—The Attorney General

shall review the certification made under paragraph (3) every

6 months. If the Attorney General determines, in the Attorney

General’s discretion, that the certification should be revoked,

the alien may be released on such conditions as the Attorney

General deems appropriate, unless such release is otherwise

prohibited by law. The alien may request each 6 months in

writing that the Attorney General reconsider the certification

and may submit documents or other evidence in support of

that request.

‘‘(b) HABEAS CORPUS AND JUDICIAL REVIEW.—

‘‘(1) IN GENERAL.—Judicial review of any action or decision

relating to this section (including judicial review of the merits

of a determination made under subsection (a)(3) or (a)(6)) is

available exclusively in habeas corpus proceedings consistent

Deadline.

8 USC 1226a.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00081 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 352 PUBLIC LAW 107–56—OCT. 26, 2001

with this subsection. Except as provided in the preceding sentence,

no court shall have jurisdiction to review, by habeas

corpus petition or otherwise, any such action or decision.

‘‘(2) APPLICATION.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision

of law, including section 2241(a) of title 28, United

States Code, habeas corpus proceedings described in paragraph

(1) may be initiated only by an application filed

with—

‘‘(i) the Supreme Court;

‘‘(ii) any justice of the Supreme Court;

‘‘(iii) any circuit judge of the United States Court

of Appeals for the District of Columbia Circuit; or

‘‘(iv) any district court otherwise having jurisdiction

to entertain it.

‘‘(B) APPLICATION TRANSFER.—Section 2241(b) of title

28, United States Code, shall apply to an application for

a writ of habeas corpus described in subparagraph (A).

‘‘(3) APPEALS.—Notwithstanding any other provision of law,

including section 2253 of title 28, in habeas corpus proceedings

described in paragraph (1) before a circuit or district judge,

the final order shall be subject to review, on appeal, by the

United States Court of Appeals for the District of Columbia

Circuit. There shall be no right of appeal in such proceedings

to any other circuit court of appeals.

‘‘(4) RULE OF DECISION.—The law applied by the Supreme

Court and the United States Court of Appeals for the District

of Columbia Circuit shall be regarded as the rule of decision

in habeas corpus proceedings described in paragraph (1).

‘‘(c) STATUTORY CONSTRUCTION.—The provisions of this section

shall not be applicable to any other provision of this Act.’’.

(b) CLERICAL AMENDMENT.—The table of contents of the

Immigration and Nationality Act is amended by inserting after

the item relating to section 236 the following:

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

enactment of this Act, and every 6 months thereafter, the Attorney

General shall submit a report to the Committee on the Judiciary

of the House of Representatives and the Committee on the Judiciary

of the Senate, with respect to the reporting period, on—

(1) the number of aliens certified under section 236A(a)(3)

of the Immigration and Nationality Act, as added by subsection

(a);

(2) the grounds for such certifications;

(3) the nationalities of the aliens so certified;

(4) the length of the detention for each alien so certified;

and

(5) the number of aliens so certified who—

(A) were granted any form of relief from removal;

(B) were removed;

aliens who may be so certified; or

(D) were released from detention.

Deadline.

8 USC 1226a

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00082 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 353

SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.

Section 222(f) of the Immigration and Nationality Act (8 U.S.C.

1202(f)) is amended—

(1) by striking ‘‘except that in the discretion of’’ and

inserting the following: ‘‘except that—

‘‘(1) in the discretion of’’; and

(2) by adding at the end the following:

‘‘(2) the Secretary of State, in the Secretary’s discretion

and on the basis of reciprocity, may provide to a foreign government

information in the Department of State’s computerized

visa lookout database and, when necessary and appropriate,

other records covered by this section related to information

in the database—

‘‘(A) with regard to individual aliens, at any time on

a case-by-case basis for the purpose of preventing, investigating,

or punishing acts that would constitute a crime

in the United States, including, but not limited to, terrorism

or trafficking in controlled substances, persons, or

illicit weapons; or

‘‘(B) with regard to any or all aliens in the database,

pursuant to such conditions as the Secretary of State shall

establish in an agreement with the foreign government

in which that government agrees to use such information

and records for the purposes described in subparagraph

(A) or to deny visas to persons who would be inadmissible

to the United States.’’.

SEC. 414. VISA INTEGRITY AND SECURITY.

(a) SENSE OF CONGRESS REGARDING THE NEED TO EXPEDITE

IMPLEMENTATION OF INTEGRATED ENTRY AND EXIT DATA SYSTEM.—

(1) SENSE OF CONGRESS.—In light of the terrorist attacks

perpetrated against the United States on September 11, 2001,

it is the sense of the Congress that—

(A) the Attorney General, in consultation with the

Secretary of State, should fully implement the integrated

entry and exit data system for airports, seaports, and land

border ports of entry, as specified in section 110 of the

Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 (8 U.S.C. 1365a), with all deliberate speed

and as expeditiously as practicable; and

(B) the Attorney General, in consultation with the

Secretary of State, the Secretary of Commerce, the Secretary

of the Treasury, and the Office of Homeland Security,

should immediately begin establishing the Integrated

Entry and Exit Data System Task Force, as described

in section 3 of the Immigration and Naturalization Service

Data Management Improvement Act of 2000 (Public Law

106–215).

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated such sums as may be necessary to

fully implement the system described in paragraph (1)(A).

(b) DEVELOPMENT OF THE SYSTEM.—In the development of the

integrated entry and exit data system under section 110 of the

Illegal Immigration Reform and Immigrant Responsibility Act of

1996 (8 U.S.C. 1365a), the Attorney General and the Secretary

of State shall particularly focus on—

(1) the utilization of biometric technology; and

8 USC 1365a

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00083 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

(2) the development of tamper-resistant documents readable

at ports of entry.

entry and exit data system described in this section shall be able

to interface with law enforcement databases for use by Federal

law enforcement to identify and detain individuals who pose a

threat to the national security of the United States.

(d) REPORT ON SCREENING INFORMATION.—Not later than 12

months after the date of enactment of this Act, the Office of Homeland

Security shall submit a report to Congress on the information

that is needed from any United States agency to effectively screen

visa applicants and applicants for admission to the United States

to identify those affiliated with terrorist organizations or those

that pose any threat to the safety or security of the United States,

including the type of information currently received by United

States agencies and the regularity with which such information

is transmitted to the Secretary of State and the Attorney General.

SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON

ENTRY-EXIT TASK FORCE.

Section 3 of the Immigration and Naturalization Service Data

Management Improvement Act of 2000 (Public Law 106–215) is

amended by striking ‘‘and the Secretary of the Treasury,’’ and

inserting ‘‘the Secretary of the Treasury, and the Office of Homeland

Security’’.

SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.

(a) FULL IMPLEMENTATION AND EXPANSION OF FOREIGN STUDENT

VISA MONITORING PROGRAM REQUIRED.—The Attorney General,

in consultation with the Secretary of State, shall fully implement

and expand the program established by section 641(a) of

the Illegal Immigration Reform and Immigrant Responsibility Act

of 1996 (8 U.S.C. 1372(a)).

(b) INTEGRATION WITH PORT OF ENTRY INFORMATION.—For each

alien with respect to whom information is collected under section

641 of the Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 (8 U.S.C. 1372), the Attorney General, in consultation

with the Secretary of State, shall include information on the date

of entry and port of entry.

INSTITUTIONS.—Section 641 of the Illegal Immigration

Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1372)

is amended—

(1) in subsection (a)(1), subsection (c)(4)(A), and subsection

(d)(1) (in the text above subparagraph (A)), by inserting ‘‘,

other approved educational institutions,’’ after ‘‘higher education’’

each place it appears;

(2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by

inserting ‘‘, or other approved educational institution,’’ after

‘‘higher education’’ each place it appears;

(3) in subsections (d)(2), (e)(1), and (e)(2), by inserting

‘‘, other approved educational institution,’’ after ‘‘higher education’’

each place it appears; and

(4) in subsection (h), by adding at the end the following

new paragraph:

‘‘(3) OTHER APPROVED EDUCATIONAL INSTITUTION.—The

term ‘other approved educational institution’ includes any air

flight school, language training school, or vocational school,

8 USC 1372 note.

8 USC 1365a

note.

Deadline.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00084 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 355

approved by the Attorney General, in consultation with the

Secretary of Education and the Secretary of State, under

subparagraph (F), (J), or (M) of section 101(a)(15) of the

Immigration and Nationality Act.’’.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Department of Justice $36,800,000 for

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

ending on January 1, 2003, to fully implement and expand prior

to January 1, 2003, the program established by section 641(a)

of the Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 (8 U.S.C. 1372(a)).

SEC. 417. MACHINE READABLE PASSPORTS.

(a) AUDITS.—The Secretary of State shall, each fiscal year until

September 30, 2007—

(1) perform annual audits of the implementation of section

217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.

1187(c)(2)(B));

(2) check for the implementation of precautionary measures

to prevent the counterfeiting and theft of passports; and

(3) ascertain that countries designated under the visa

waiver program have established a program to develop tamperresistant

passports.

(b) PERIODIC REPORTS.—Beginning one year after the date of

enactment of this Act, and every year thereafter until 2007, the

Secretary of State shall submit a report to Congress setting forth

the findings of the most recent audit conducted under subsection

(a)(1).

Section 217(a)(3) of the Immigration and Nationality Act

(8 U.S.C. 1187(a)(3)) is amended by striking ‘‘2007’’ and inserting

‘‘2003’’.

(d) WAIVER.—Section 217(a)(3) of the Immigration and Nationality

Act (8 U.S.C. 1187(a)(3)) is amended—

(1) by striking ‘‘On or after’’ and inserting the following:

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), on or after’’; and

(2) by adding at the end the following:

‘‘(B) LIMITED WAIVER AUTHORITY.—For the period

beginning October 1, 2003, and ending September 30, 2007,

the Secretary of State may waive the requirement of

subparagraph (A) with respect to nationals of a program

country (as designated under subsection (c)), if the Secretary

of State finds that the program country—

‘‘(i) is making progress toward ensuring that passports

meeting the requirement of subparagraph (A)

are generally available to its nationals; and

‘‘(ii) has taken appropriate measures to protect

against misuse of passports the country has issued

that do not meet the requirement of subparagraph

(A).’’.

SEC. 418. PREVENTION OF CONSULATE SHOPPING.

(a) REVIEW.—The Secretary of State shall review how consular

officers issue visas to determine if consular shopping is a problem.

8 USC 1201 note.

Effective date.

Termination

date.

Federal Register,

publication.

Termination

date.

8 USC 1187 note.

Termination

date.

8 USC 1187 note.

Federal Register,

publication.

Termination

date.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00085 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 356 PUBLIC LAW 107–56—OCT. 26, 2001

(b) ACTIONS TO BE TAKEN.—If the Secretary of State determines

under subsection (a) that consular shopping is a problem, the Secretary

shall take steps to address the problem and shall submit

a report to Congress describing what action was taken.

Subtitle C—Preservation of Immigration

Benefits for Victims of Terrorism

SEC. 421. SPECIAL IMMIGRANT STATUS.

(a) IN GENERAL.—For purposes of the Immigration and Nationality

Act (8 U.S.C. 1101 et seq.), the Attorney General may provide

an alien described in subsection (b) with the status of a special

immigrant under section 101(a)(27) of such Act (8 U.S.C.

1101(a(27)), if the alien—

(1) files with the Attorney General a petition under section

204 of such Act (8 U.S.C. 1154) for classification under section

203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and

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

is otherwise admissible to the United States for permanent

residence, except in determining such admissibility, the grounds

for inadmissibility specified in section 212(a)(4) of such Act

(8 U.S.C. 1182(a)(4)) shall not apply.

(b) ALIENS DESCRIBED.—

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

if—

(A) the alien was the beneficiary of—

(i) a petition that was filed with the Attorney

General on or before September 11, 2001—

(I) under section 204 of the Immigration and

Nationality Act (8 U.S.C. 1154) to classify the alien

as a family-sponsored immigrant under section

203(a) of such Act (8 U.S.C. 1153(a)) or as an

employment-based immigrant under section 203(b)

of such Act (8 U.S.C. 1153(b)); or

(II) under section 214(d) (8 U.S.C. 1184(d))

of such Act to authorize the issuance of a nonimmigrant

visa to the alien under section

101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K));

(ii) an application for labor certification under section

212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A))

that was filed under regulations of the Secretary of

Labor on or before such date; and

(B) such petition or application was revoked or terminated

(or otherwise rendered null), either before or after

its approval, due to a specified terrorist activity that

directly resulted in—

(i) the death or disability of the petitioner,

applicant, or alien beneficiary; or

(ii) loss of employment due to physical damage

to, or destruction of, the business of the petitioner

or applicant.

(2) SPOUSES AND CHILDREN.—

(A) IN GENERAL.—An alien is described in this subsection

if—

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00086 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 357

(i) the alien was, on September 10, 2001, the

spouse or child of a principal alien described in paragraph

(1); and

(ii) the alien—

(I) is accompanying such principal alien; or

(II) is following to join such principal alien

not later than September 11, 2003.

(B) CONSTRUCTION.—For purposes of construing the

terms ‘‘accompanying’’ and ‘‘following to join’’ in subparagraph

(A)(ii), any death of a principal alien that is described

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

(3) GRANDPARENTS OF ORPHANS.—An alien is described in

this subsection if the alien is a grandparent of a child, both

of whose parents died as a direct result of a specified terrorist

activity, if either of such deceased parents was, on September

10, 2001, a citizen or national of the United States or an

alien lawfully admitted for permanent residence in the United

States.

this section shall be issued to aliens in the order in which a

petition on behalf of each such alien is filed with the Attorney

General under subsection (a)(1), except that if an alien was assigned

a priority date with respect to a petition described in subsection

(b)(1)(A)(i), the alien may maintain that priority date.

(d) NUMERICAL LIMITATIONS.—For purposes of the application

of sections 201 through 203 of the Immigration and Nationality

Act (8 U.S.C. 1151–1153) in any fiscal year, aliens eligible to be

provided status under this section shall be treated as special

immigrants described in section 101(a)(27) of such Act (8 U.S.C.

1101(a)(27)) who are not described in subparagraph (A), (B), (C),

or (K) of such section.

SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.

(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STATUS.—

(1) IN GENERAL.—Notwithstanding section 214 of the

Immigration and Nationality Act (8 U.S.C. 1184), in the case

of an alien described in paragraph (2) who was lawfully present

in the United States as a nonimmigrant on September 10,

2001, the alien may remain lawfully in the United States

in the same nonimmigrant status until the later of—

(A) the date such lawful nonimmigrant status otherwise

would have terminated if this subsection had not

been enacted; or

(B) 1 year after the death or onset of disability

described in paragraph (2).

(2) ALIENS DESCRIBED.—

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

paragraph if the alien was disabled as a direct result

of a specified terrorist activity.

(B) SPOUSES AND CHILDREN.—An alien is described

in this paragraph if the alien was, on September 10, 2001,

the spouse or child of—

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

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

terrorist activity.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00087 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

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

a principal alien or alien spouse is in lawful nonimmigrant

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

‘‘employment authorized’’ endorsement or other appropriate

document signifying authorization of employment not later than

30 days after the alien requests such authorization.

(b) NEW DEADLINES FOR EXTENSION OR CHANGE OF NONIMMIGRANT

STATUS.—

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

present in the United States as a nonimmigrant on September

10, 2001, if the alien was prevented from filing a timely

application for an extension or change of nonimmigrant status

as a direct result of a specified terrorist activity, the alien’s

application shall be considered timely filed if it is filed not

later than 60 days after it otherwise would have been due.

(2) DEPARTURE DELAYS.—In the case of an alien who was

lawfully present in the United States as a nonimmigrant on

September 10, 2001, if the alien is unable timely to depart

the United States as a direct result of a specified terrorist

activity, the alien shall not be considered to have been unlawfully

present in the United States during the period beginning

on September 11, 2001, and ending on the date of the alien’s

departure, if such departure occurs on or before November

11, 2001.

(3) SPECIAL RULE FOR ALIENS UNABLE TO RETURN FROM

ABROAD.—

(A) PRINCIPAL ALIENS.—In the case of an alien who

was in a lawful nonimmigrant status on September 10,

2001, but who was not present in the United States on

such date, if the alien was prevented from returning to

the United States in order to file a timely application

for an extension of nonimmigrant status as a direct result

of a specified terrorist activity—

(i) the alien’s application shall be considered timely

filed if it is filed not later than 60 days after it otherwise

would have been due; and

(ii) the alien’s lawful nonimmigrant status shall

be considered to continue until the later of—

(I) the date such status otherwise would have

terminated if this subparagraph had not been

enacted; or

(II) the date that is 60 days after the date

on which the application described in clause (i)

otherwise would have been due.

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

who is the spouse or child of a principal alien described

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

nonimmigrant status on September 10, 2001, the spouse

or child may remain lawfully in the United States in the

same nonimmigrant status until the later of—

(i) the date such lawful nonimmigrant status otherwise

would have terminated if this subparagraph had

not been enacted; or

(ii) the date that is 60 days after the date on

which the application described in subparagraph (A)

otherwise would have been due.

(4) CIRCUMSTANCES PREVENTING TIMELY ACTION.—

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00088 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 359

(A) FILING DELAYS.—For purposes of paragraph (1),

circumstances preventing an alien from timely acting are—

(i) office closures;

(ii) mail or courier service cessations or delays;

and

(iii) other closures, cessations, or delays affecting

case processing or travel necessary to satisfy legal

requirements.

(B) DEPARTURE AND RETURN DELAYS.—For purposes

of paragraphs (2) and (3), circumstances preventing an

alien from timely acting are—

(i) office closures;

(ii) airline flight cessations or delays; and

(iii) other closures, cessations, or delays affecting

case processing or travel necessary to satisfy legal

requirements.

(1) WAIVER OF FISCAL YEAR LIMITATION.—Notwithstanding

section 203(e)(2) of the Immigration and Nationality Act (8

U.S.C. 1153(e)(2)), an immigrant visa number issued to an

alien under section 203(c) of such Act for fiscal year 2001

may be used by the alien during the period beginning on

October 1, 2001, and ending on April 1, 2002, if the alien

establishes that the alien was prevented from using it during

fiscal year 2001 as a direct result of a specified terrorist activity.

(2) WORLDWIDE LEVEL.—In the case of an alien entering

the United States as a lawful permanent resident, or adjusting

to that status, under paragraph (1) or (3), the alien shall

be counted as a diversity immigrant for fiscal year 2001 for

purposes of section 201(e) of the Immigration and Nationality

Act (8 U.S.C. 1151(e)), unless the worldwide level under such

section for such year has been exceeded, in which case the

alien shall be counted as a diversity immigrant for fiscal year

2002.

(3) TREATMENT OF FAMILY MEMBERS OF CERTAIN ALIENS.—

In the case of a principal alien issued an immigrant visa

number under section 203(c) of the Immigration and Nationality

Act (8 U.S.C. 1153(c)) for fiscal year 2001, if such principal

alien died as a direct result of a specified terrorist activity,

the aliens who were, on September 10, 2001, the spouse and

children of such principal alien shall, until June 30, 2002,

if not otherwise entitled to an immigrant status and the immediate

issuance of a visa under subsection (a), (b), or (c) of

section 203 of such Act, be entitled to the same status, and

the same order of consideration, that would have been provided

to such alien spouse or child under section 203(d) of such

Act as if the principal alien were not deceased and as if the

spouse or child’s visa application had been adjudicated by September

30, 2001.

(4) CIRCUMSTANCES PREVENTING TIMELY ACTION.—For purposes

of paragraph (1), circumstances preventing an alien from

using an immigrant visa number during fiscal year 2001 are—

(A) office closures;

(B) mail or courier service cessations or delays;

(D) other closures, cessations, or delays affecting case

processing or travel necessary to satisfy legal requirements.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00089 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

(d) EXTENSION OF EXPIRATION OF IMMIGRANT VISAS.—

(1) IN GENERAL.—Notwithstanding the limitations under

section 221(c) of the Immigration and Nationality Act (8 U.S.C.

1201(c)), in the case of any immigrant visa issued to an alien

that expires or expired before December 31, 2001, if the alien

was unable to effect entry into the United States as a direct

result of a specified terrorist activity, then the period of validity

of the visa is extended until December 31, 2001, unless a

longer period of validity is otherwise provided under this subtitle.

(2) CIRCUMSTANCES PREVENTING ENTRY.—For purposes of

this subsection, circumstances preventing an alien from

effecting entry into the United States are—

(A) office closures;

(B) airline flight cessations or delays; and

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

processing or travel necessary to satisfy legal requirements.

(f) VOLUNTARY DEPARTURE.—Notwithstanding section 240B of

the Immigration and Nationality Act (8 U.S.C. 1229c), if a period

for voluntary departure under such section expired during the

period beginning on September 11, 2001, and ending on October

11, 2001, such voluntary departure period is deemed extended for

an additional 30 days.

SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES

AND CHILDREN.

(a) TREATMENT AS IMMEDIATE RELATIVES.—

(1) SPOUSES.—Notwithstanding the second sentence of section

201(b)(2)(A)(i) of the Immigration and Nationality Act (8

U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the

spouse of a citizen of the United States at the time of the

citizen’s death and was not legally separated from the citizen

at the time of the citizen’s death, if the citizen died as a

direct result of a specified terrorist activity, the alien (and

each child of the alien) shall be considered, for purposes of

section 201(b) of such Act, to remain an immediate relative

after the date of the citizen’s death, but only if the alien

files a petition under section 204(a)(1)(A)(ii) of such Act within

2 years after such date and only until the date the alien

remarries. For purposes of such section 204(a)(1)(A)(ii), an alien

granted relief under the preceding sentence shall be considered

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00090 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

an alien spouse described in the second sentence of section

201(b)(2)(A)(i) of such Act.

(2) CHILDREN.—

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

the child of a citizen of the United States at the time

of the citizen’s death, if the citizen died as a direct result

of a specified terrorist activity, the alien shall be considered,

for purposes of section 201(b) of the Immigration

and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate

relative after the date of the citizen’s death (regardless

of changes in age or marital status thereafter), but

only if the alien files a petition under subparagraph (B)

within 2 years after such date.

(B) PETITIONS.—An alien described in subparagraph

(A) may file a petition with the Attorney General for classification

of the alien under section 201(b)(2)(A)(i) of the

Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).

For purposes of such Act, such a petition shall be considered

a petition filed under section 204(a)(1)(A) of such Act (8

U.S.C. 1154(a)(1)(A)).

(b) SPOUSES, CHILDREN, UNMARRIED SONS AND DAUGHTERS OF

LAWFUL PERMANENT RESIDENT ALIENS.—

(1) IN GENERAL.—Any spouse, child, or unmarried son or

daughter of an alien described in paragraph (3) who is included

in a petition for classification as a family-sponsored immigrant

under section 203(a)(2) of the Immigration and Nationality

Act (8 U.S.C. 1153(a)(2)) that was filed by such alien before

September 11, 2001, shall be considered (if the spouse, child,

son, or daughter has not been admitted or approved for lawful

permanent residence by such date) a valid petitioner for preference

status under such section with the same priority date

as that assigned prior to the death described in paragraph

(3)(A). No new petition shall be required to be filed. Such

spouse, child, son, or daughter may be eligible for deferred

action and work authorization.

(2) SELF-PETITIONS.—Any spouse, child, or unmarried son

or daughter of an alien described in paragraph (3) who is

not a beneficiary of a petition for classification as a familysponsored

immigrant under section 203(a)(2) of the Immigration

and Nationality Act may file a petition for such classification

with the Attorney General, if the spouse, child, son, or daughter

was present in the United States on September 11, 2001. Such

spouse, child, son, or daughter may be eligible for deferred

action and work authorization.

(3) ALIENS DESCRIBED.—An alien is described in this paragraph

if the alien—

(A) died as a direct result of a specified terrorist

activity; and

(B) on the day of such death, was lawfully admitted

for permanent residence in the United States.

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.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00091 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

(2) ALIENS DESCRIBED.—An alien is described in this paragraph

if the alien—

(A) died as a direct result of a specified terrorist

activity; and

(B) on the day before such death, was—

(i) an alien lawfully admitted for permanent residence

in the United States by reason of having been

allotted a visa under section 203(b) of the Immigration

and Nationality Act (8 U.S.C. 1153(b)); or

(ii) an applicant for adjustment of status to that

of an alien described in clause (i), and admissible to

the United States for permanent residence.

(d) WAIVER OF PUBLIC CHARGE GROUNDS.—In determining the

admissibility of any alien accorded an immigration benefit under

this section, the grounds for inadmissibility specified in section

212(a)(4) of the Immigration and Nationality Act (8 U.S.C.

1182(a)(4)) shall not apply.

SEC. 424. ‘‘AGE-OUT’’ PROTECTION FOR CHILDREN.

For purposes of the administration of the Immigration and

Nationality Act (8 U.S.C. 1101 et seq.), in the case of an alien—

(1) whose 21st birthday occurs in September 2001, and

who is the beneficiary of a petition or application filed under

such Act on or before September 11, 2001, the alien shall

be considered to be a child for 90 days after the alien’s 21st

birthday for purposes of adjudicating such petition or application;

and

(2) whose 21st birthday occurs after September 2001, and

who is the beneficiary of a petition or application filed under

such Act on or before September 11, 2001, the alien shall

be considered to be a child for 45 days after the alien’s 21st

birthday for purposes of adjudicating such petition or application.

SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.

The Attorney General, for humanitarian purposes or to ensure

family unity, may provide temporary administrative relief to any

alien who—

(1) was lawfully present in the United States on September

10, 2001;

(2) was on such date the spouse, parent, or child of an

individual who died or was disabled as a direct result of a

specified terrorist activity; and

(3) is not otherwise entitled to relief under any other provision

of this subtitle.

SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.

(a) IN GENERAL.—The Attorney General shall establish appropriate

standards for evidence demonstrating, for purposes of this

subtitle, that any of the following occurred as a direct result of

a specified terrorist activity:

(1) Death.

(2) Disability.

(3) Loss of employment due to physical damage to, or

destruction of, a business.

(b) WAIVER OF REGULATIONS.—The Attorney General shall carry

out subsection (a) as expeditiously as possible. The Attorney General

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00092 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 363

is not required to promulgate regulations prior to implementing

this subtitle.

SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF

TERRORISTS.

Notwithstanding any other provision of this subtitle, nothing

in this subtitle shall be construed to provide any benefit or relief

to—

(1) any individual culpable for a specified terrorist activity;

(2) any family member of any individual described in paragraph

(1).

SEC. 428. DEFINITIONS.

(a) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS.—

Except as otherwise specifically provided in this subtitle,

the definitions used in the Immigration and Nationality Act

(excluding the definitions applicable exclusively to title III of such

Act) shall apply in the administration of this subtitle.

(b) SPECIFIED TERRORIST ACTIVITY.—For purposes of this subtitle,

the term ‘‘specified terrorist activity’’ means any terrorist

activity conducted against the Government or the people of the

United States on September 11, 2001.

TITLE V—REMOVING OBSTACLES TO

INVESTIGATING TERRORISM

SEC. 501. ATTORNEY GENERAL’S AUTHORITY TO PAY REWARDS TO

COMBAT TERRORISM.

(a) PAYMENT OF REWARDS TO COMBAT TERRORISM.—Funds

available to the Attorney General may be used for the payment

of rewards pursuant to public advertisements for assistance to

the Department of Justice to combat terrorism and defend the

Nation against terrorist acts, in accordance with procedures and

regulations established or issued by the Attorney General.

(b) CONDITIONS.—In making rewards under this section—

(1) no such reward of $250,000 or more may be made

or offered without the personal approval of either the Attorney

General or the President;

(2) the Attorney General shall give written notice to the

Chairmen and ranking minority members of the Committees

on Appropriations and the Judiciary of the Senate and of the

House of Representatives not later than 30 days after the

approval of a reward under paragraph (1);

(3) any executive agency or military department (as defined,

respectively, in sections 105 and 102 of title 5, United States

Code) may provide the Attorney General with funds for the

payment of rewards;

(4) neither the failure of the Attorney General to authorize

a payment nor the amount authorized shall be subject to

judicial review; and

(5) no such reward shall be subject to any per- or aggregate

reward spending limitation established by law, unless that

law expressly refers to this section, and no reward paid pursuant

to any such offer shall count toward any such aggregate

reward spending limitation.

Notice.

Deadline.

18 USC 3071

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00093 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

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

Section 36 of the State Department Basic Authorities Act of

1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended—

(1) in subsection (b)—

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

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

end and inserting ‘‘, including by dismantling an organization

in whole or significant part; or’’; and

‘‘(6) the identification or location of an individual who holds

a key leadership position in a terrorist organization.’’;

(2) in subsection (d), by striking paragraphs (2) and (3)

and redesignating paragraph (4) as paragraph (2); and

(3) in subsection (e)(1), by inserting ‘‘, except as personally

authorized by the Secretary of State if he determines that

offer or payment of an award of a larger amount is necessary

to combat terrorism or defend the Nation against terrorist

acts.’’ after ‘‘$5,000,000’’.

SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT

OFFENDERS.

Section 3(d)(2) of the DNA Analysis Backlog Elimination Act

of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as follows:

‘‘(2) In addition to the offenses described in paragraph

(1), the following offenses shall be treated for purposes of this

section as qualifying Federal offenses, as determined by the

Attorney General:

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

18, United States Code.

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

of title 18, United States Code).

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

above offenses.’’.

SEC. 504. COORDINATION WITH LAW ENFORCEMENT.

(a) INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE.—

Section 106 of the Foreign Intelligence Surveillance Act

of 1978 (50 U.S.C. 1806), is amended by adding at the end the

following:

‘‘(k)(1) Federal officers who conduct electronic surveillance to

acquire foreign intelligence information under this title may consult

with Federal law enforcement officers to coordinate efforts to investigate

or protect against—

‘‘(A) actual or potential attack or other grave hostile acts

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

‘‘(B) sabotage or international terrorism by a foreign power

or an agent of a foreign power; or

‘‘(C) clandestine intelligence activities by an intelligence

service or network of a foreign power or by an agent of a

foreign power.

‘‘(2) Coordination authorized under paragraph (1) shall not

preclude the certification required by section 104(a)(7)(B) or the

entry of an order under section 105.’’.

(b) INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.—Section

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

1825) is amended by adding at the end the following:

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00094 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

‘‘(k)(1) Federal officers who conduct physical searches to acquire

foreign intelligence information under this title may consult with

Federal law enforcement officers to coordinate efforts to investigate

or protect against—

‘‘(A) actual or potential attack or other grave hostile acts

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

‘‘(B) sabotage or international terrorism by a foreign power

or an agent of a foreign power; or

‘‘(C) clandestine intelligence activities by an intelligence

service or network of a foreign power or by an agent of a

foreign power.

‘‘(2) Coordination authorized under paragraph (1) shall not

preclude the certification required by section 303(a)(7) or the entry

of an order under section 304.’’.

SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.

(a) TELEPHONE TOLL AND TRANSACTIONAL RECORDS.—Section

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

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

‘‘at Bureau headquarters or a Special Agent in Charge in a

Bureau field office designated by the Director’’ after ‘‘Assistant

Director’’;

(2) in paragraph (1)—

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

Assistant Director’’; and

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

inserting the following: ‘‘made that the name, address,

length of service, and toll billing records sought are relevant

to an authorized investigation to protect against international

terrorism or clandestine intelligence activities,

provided that such an investigation of a United States

person is not conducted solely on the basis of activities

protected by the first amendment to the Constitution of

the United States; and’’; and

(3) in paragraph (2)—

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

Assistant Director’’; and

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

inserting the following: ‘‘made that the information sought

is relevant to an authorized investigation to protect against

international terrorism or clandestine intelligence activities,

provided that such an investigation of a United States

person is not conducted solely upon the basis of activities

protected by the first amendment to the Constitution of

the United States.’’.

(b) FINANCIAL RECORDS.—Section 1114(a)(5)(A) of the Right

to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is

amended—

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

Director at Bureau headquarters or a Special Agent in

Charge in a Bureau field office designated by the Director’’

after ‘‘designee’’; and

(2) by striking ‘‘sought’’ and all that follows and inserting

‘‘sought for foreign counter intelligence purposes to protect

against international terrorism or clandestine intelligence

activities, provided that such an investigation of a United States

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00095 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 366 PUBLIC LAW 107–56—OCT. 26, 2001

person is not conducted solely upon the basis of activities protected

by the first amendment to the Constitution of the United

States.’’.

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.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00096 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

‘‘(2) The Federal Bureau of Investigation shall have primary

authority to investigate offenses under subsection (a)(1) for any

cases involving espionage, foreign counterintelligence, information

protected against unauthorized disclosure for reasons of national

defense or foreign relations, or Restricted Data (as that term is

defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.

2014(y)), except for offenses affecting the duties of the United

States Secret Service pursuant to section 3056(a) of this title.

‘‘(3) Such authority shall be exercised in accordance with an

agreement which shall be entered into by the Secretary of the

Treasury and the Attorney General.’’.

(b) REAUTHORIZATION OF JURISDICTION UNDER 18 U.S.C. 1344.—

Section 3056(b)(3) of title 18, United States Code, is amended

by striking ‘‘credit and debit card frauds, and false identification

documents or devices’’ and inserting ‘‘access device frauds, false

identification documents or devices, and any fraud or other criminal

or unlawful activity in or against any federally insured financial

institution’’.

SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.

Section 444 of the General Education Provisions Act (20 U.S.C.

1232g), is amended by adding after subsection (i) a new subsection

(j) to read as follows:

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

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

(i) or any provision of State law, the Attorney General (or

any Federal officer or employee, in a position not lower than

an Assistant Attorney General, designated by the Attorney

General) may submit a written application to a court of competent

jurisdiction for an ex parte order requiring an educational

agency or institution to permit the Attorney General

(or his designee) to—

‘‘(A) collect education records in the possession of the

educational agency or institution that are relevant to an

authorized investigation or prosecution of an offense listed

in section 2332b(g)(5)(B) of title 18 United States Code,

or an act of domestic or international terrorism as defined

in section 2331 of that title; and

‘‘(B) for official purposes related to the investigation

or prosecution of an offense described in paragraph (1)(A),

retain, disseminate, and use (including as evidence at trial

or in other administrative or judicial proceedings) such

records, consistent with such guidelines as the Attorney

General, after consultation with the Secretary, shall issue

to protect confidentiality.

‘‘(2) APPLICATION AND APPROVAL.—

‘‘(A) IN GENERAL.—An application under paragraph (1)

shall certify that there are specific and articulable facts

giving reason to believe that the education records are

likely to contain information described in paragraph (1)(A).

‘‘(B) The court shall issue an order described in paragraph

(1) if the court finds that the application for the

order includes the certification described in subparagraph

(A).

‘‘(3) PROTECTION OF EDUCATIONAL AGENCY OR INSTITUTION.—

An educational agency or institution that, in good faith,

produces education records in accordance with an order issued

Courts.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00097 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

under this subsection shall not be liable to any person for

that production.

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

education records subject to a court order under this subsection.’’.

SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.

Section 408 of the National Education Statistics Act of 1994

(20 U.S.C. 9007), is amended by adding after subsection (b) a

new subsection (c) to read as follows:

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

‘‘(1) IN GENERAL.—Notwithstanding subsections (a) and (b),

the Attorney General (or any Federal officer or employee, in

a position not lower than an Assistant Attorney General, designated

by the Attorney General) may submit a written application

to a court of competent jurisdiction for an ex parte order

requiring the Secretary to permit the Attorney General (or

his designee) to—

‘‘(A) collect reports, records, and information (including

individually identifiable information) in the possession of

the center that are relevant to an authorized investigation

or prosecution of an offense listed in section 2332b(g)(5)(B)

of title 18, United States Code, or an act of domestic

or international terrorism as defined in section 2331 of

that title; and

‘‘(B) for official purposes related to the investigation

or prosecution of an offense described in paragraph (1)(A),

retain, disseminate, and use (including as evidence at trial

or in other administrative or judicial proceedings) such

information, consistent with such guidelines as the

Attorney General, after consultation with the Secretary,

shall issue to protect confidentiality.

‘‘(2) APPLICATION AND APPROVAL.—

‘‘(A) IN GENERAL.—An application under paragraph (1)

shall certify that there are specific and articulable facts

giving reason to believe that the information sought is

described in paragraph (1)(A).

‘‘(B) The court shall issue an order described in paragraph

(1) if the court finds that the application for the

order includes the certification described in subparagraph

(A).

‘‘(3) PROTECTION.—An officer or employee of the

Department who, in good faith, produces information in

accordance with an order issued under this subsection does

not violate subsection (b)(2) and shall not be liable to

any person for that production.’’.

Courts.

Certification.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00098 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 369

TITLE VI—PROVIDING FOR VICTIMS OF

TERRORISM, PUBLIC SAFETY OFFICERS,

AND THEIR FAMILIES

Subtitle A—Aid to Families of Public

Safety Officers

SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFICERS

INVOLVED IN THE PREVENTION, INVESTIGATION,

RESCUE, OR RECOVERY EFFORTS RELATED TO A TERRORIST

ATTACK.

(a) IN GENERAL.—Notwithstanding the limitations of subsection

(b) of section 1201 or the provisions of subsections (c), (d), and

(e) of such section or section 1202 of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a),

upon certification (containing identification of all eligible payees

of benefits pursuant to section 1201 of such Act) by a public agency

that a public safety officer employed by such agency was killed

or suffered a catastrophic injury producing permanent and total

disability as a direct and proximate result of a personal injury

sustained in the line of duty as described in section 1201 of such

Act in connection with prevention, investigation, rescue, or recovery

efforts related to a terrorist attack, the Director of the Bureau

of Justice Assistance shall authorize payment to qualified beneficiaries,

said payment to be made not later than 30 days after

receipt of such certification, benefits described under subpart 1

of part L of such Act (42 U.S.C. 3796 et seq.).

(b) DEFINITIONS.—For purposes of this section, the terms ‘‘catastrophic

injury’’, ‘‘public agency’’, and ‘‘public safety officer’’ have

the same meanings given such terms in section 1204 of title I

of the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3796b).

SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED

PAYMENTS FOR HEROIC PUBLIC SAFETY OFFICERS.

Section 1 of Public Law 107-37 (an Act to provide for the

expedited payment of certain benefits for a public safety officer

who was killed or suffered a catastrophic injury as a direct and

proximate result of a personal injury sustained in the line of duty

in connection with the terrorist attacks of September 11, 2001)

is amended by—

(1) inserting before ‘‘by a’’ the following: ‘‘(containing identification

of all eligible payees of benefits pursuant to section

1201)’’;

(2) inserting ‘‘producing permanent and total disability’’

after ‘‘suffered a catastrophic injury’’; and

(3) striking ‘‘1201(a)’’ and inserting ‘‘1201’’.

SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT

INCREASE.

(a) PAYMENTS.—Section 1201(a) of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by

striking ‘‘$100,000’’ and inserting ‘‘$250,000’’.

Ante, p. 219.

42 USC 3796c–1.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00099 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

(b) APPLICABILITY.—The amendment made by subsection (a)

shall apply to any death or disability occurring on or after January

1, 2001.

SEC. 614. OFFICE OF JUSTICE PROGRAMS.

Section 112 of title I of section 101(b) of division A of Public

Law 105–277 and section 108(a) of appendix A of Public Law

106–113 (113 Stat. 1501A–20) are amended—

(1) after ‘‘that Office’’, each place it occurs, by inserting

‘‘(including, notwithstanding any contrary provision of law

(unless the same should expressly refer to this section), any

organization that administers any program established in title

1 of Public Law 90–351)’’; and

(2) by inserting ‘‘functions, including any’’ after ‘‘all’’.

Subtitle B—Amendments to the Victims of

Crime Act of 1984

SEC. 621. CRIME VICTIMS FUND.

(a) DEPOSIT OF GIFTS IN THE FUND.—Section 1402(b) of the

Victims of Crime Act of 1984 (42 U.S.C. 10601(b)) is amended—

(1) in paragraph (3), by striking ‘‘and’’ at the end;

(2) in paragraph (4), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(5) any gifts, bequests, or donations to the Fund from

private entities or individuals.’’.

(b) FORMULA FOR FUND DISTRIBUTIONS.—Section 1402(c) of the

Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended

to read as follows:

‘‘(c) FUND DISTRIBUTION; RETENTION OF SUMS IN FUND; AVAILABILITY

FOR EXPENDITURE WITHOUT FISCAL YEAR LIMITATION.—

‘‘(1) Subject to the availability of money in the Fund, in

each fiscal year, beginning with fiscal year 2003, the Director

shall distribute not less than 90 percent nor more than 110

percent of the amount distributed from the Fund in the previous

fiscal year, except the Director may distribute up to 120 percent

of the amount distributed in the previous fiscal year in any

fiscal year that the total amount available in the Fund is

more than 2 times the amount distributed in the previous

fiscal year.

‘‘(2) In each fiscal year, the Director shall distribute

amounts from the Fund in accordance with subsection (d).

All sums not distributed during a fiscal year shall remain

in reserve in the Fund to be distributed during a subsequent

fiscal year. Notwithstanding any other provision of law, all

sums deposited in the Fund that are not distributed shall

remain in reserve in the Fund for obligation in future fiscal

years, without fiscal year limitation.’’.

1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C.

10601(d)(4)) is amended—

(1) by striking ‘‘deposited in’’ and inserting ‘‘to be distributed

from’’;

(2) in subparagraph (A), by striking ‘‘48.5’’ and inserting

‘‘47.5’’;

42 USC 3751

note.

42 USC 3796

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00100 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 371

(3) in subparagraph (B), by striking ‘‘48.5’’ and inserting

‘‘47.5’’; and

(4) in subparagraph (C), by striking ‘‘3’’ and inserting ‘‘5’’.

(d) ANTITERRORISM EMERGENCY RESERVE.—Section 1402(d)(5)

of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is

amended to read as follows:

‘‘(5)(A) In addition to the amounts distributed under paragraphs

(2), (3), and (4), the Director may set aside up to

$50,000,000 from the amounts transferred to the Fund in

response to the airplane hijackings and terrorist acts that

occurred on September 11, 2001, as an antiterrorism emergency

reserve. The Director may replenish any amounts expended

from such reserve in subsequent fiscal years by setting aside

up to 5 percent of the amounts remaining in the Fund in

any fiscal year after distributing amounts under paragraphs

(2), (3) and (4). Such reserve shall not exceed $50,000,000.

‘‘(B) The antiterrorism emergency reserve referred to in

subparagraph (A) may be used for supplemental grants under

section 1404B and to provide compensation to victims of international

terrorism under section 1404C.

‘‘(C) Amounts in the antiterrorism emergency reserve established

pursuant to subparagraph (A) may be carried over from

fiscal year to fiscal year. Notwithstanding subsection (c) and

section 619 of the Departments of Commerce, Justice, and

State, the Judiciary, and Related Agencies Appropriations Act,

2001 (and any similar limitation on Fund obligations in any

future Act, unless the same should expressly refer to this

section), any such amounts carried over shall not be subject

to any limitation on obligations from amounts deposited to

or available in the Fund.’’.

(e) VICTIMS OF SEPTEMBER 11, 2001.—Amounts transferred to

the Crime Victims Fund for use in responding to the airplane

hijackings and terrorist acts (including any related search, rescue,

relief, assistance, or other similar activities) that occurred on September

11, 2001, shall not be subject to any limitation on obligations

from amounts deposited to or available in the Fund,

notwithstanding—

(1) section 619 of the Departments of Commerce, Justice,

and State, the Judiciary, and Related Agencies Appropriations

Act, 2001, and any similar limitation on Fund obligations in

such Act for Fiscal Year 2002; and

(2) subsections (c) and (d) of section 1402 of the Victims

of Crime Act of 1984 (42 U.S.C. 10601).

SEC. 622. CRIME VICTIM COMPENSATION.

(a) ALLOCATION OF FUNDS FOR COMPENSATION AND ASSISTANCE.—

Paragraphs (1) and (2) of section 1403(a) of the Victims

of Crime Act of 1984 (42 U.S.C. 10602(a)) are amended by inserting

‘‘in fiscal year 2002 and of 60 percent in subsequent fiscal years’’

after ‘‘40 percent’’.

(b) LOCATION OF COMPENSABLE CRIME.—Section 1403(b)(6)(B)

of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B))

is amended by striking ‘‘are outside the United States (if the

compensable crime is terrorism, as defined in section 2331 of title

18), or’’.

FEDERAL BENEFIT PROGRAMS.—Section 1403 of the Victims

42 USC 10601

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00101 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 372 PUBLIC LAW 107–56—OCT. 26, 2001

of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking

subsection (c) and inserting the following:

‘‘(c) EXCLUSION FROM INCOME, RESOURCES, AND ASSETS FOR

PURPOSES OF MEANS TESTS.—Notwithstanding any other law (other

than title IV of Public Law 107–42), for the purpose of any maximum

allowed income, resource, or asset eligibility requirement

in any Federal, State, or local government program using Federal

funds that provides medical or other assistance (or payment or

reimbursement of the cost of such assistance), any amount of crime

victim compensation that the applicant receives through a crime

victim compensation program under this section shall not be

included in the income, resources, or assets of the applicant, nor

shall that amount reduce the amount of the assistance available

to the applicant from Federal, State, or local government programs

using Federal funds, unless the total amount of assistance that

the applicant receives from all such programs is sufficient to fully

compensate the applicant for losses suffered as a result of the

crime.’’.

(d) DEFINITIONS OF ‘‘COMPENSABLE CRIME’’ AND ‘‘STATE’’.—Section

1403(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d))

is amended—

(1) in paragraph (3), by striking ‘‘crimes involving terrorism,’’;

and

(2) in paragraph (4), by inserting ‘‘the United States Virgin

Islands,’’ after ‘‘the Commonwealth of Puerto Rico,’’.

(e) RELATIONSHIP OF ELIGIBLE CRIME VICTIM COMPENSATION

PROGRAMS TO THE SEPTEMBER 11TH VICTIM COMPENSATION FUND.—

(1) IN GENERAL.—Section 1403(e) of the Victims of Crime

Act of 1984 (42 U.S.C. 10602(e)) is amended by inserting

‘‘including the program established under title IV of Public

Law 107–42,’’ after ‘‘Federal program,’’.

(2) COMPENSATION.—With respect to any compensation payable

under title IV of Public Law 107–42, the failure of a

crime victim compensation program, after the effective date

of final regulations issued pursuant to section 407 of Public

Law 107–42, to provide compensation otherwise required pursuant

to section 1403 of the Victims of Crime Act of 1984 (42

U.S.C. 10602) shall not render that program ineligible for future

grants under the Victims of Crime Act of 1984.

SEC. 623. CRIME VICTIM ASSISTANCE.

(a) ASSISTANCE FOR VICTIMS IN THE DISTRICT OF COLUMBIA,

PUERTO RICO, AND OTHER TERRITORIES AND POSSESSIONS.—Section

1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a))

is amended by adding at the end the following:

‘‘(6) An agency of the Federal Government performing local

law enforcement functions in and on behalf of the District

of Columbia, the Commonwealth of Puerto Rico, the United

States Virgin Islands, or any other territory or possession of

the United States may qualify as an eligible crime victim assistance

program for the purpose of grants under this subsection,

or for the purpose of grants under subsection (c)(1).’’.

(b) PROHIBITION ON DISCRIMINATION AGAINST CERTAIN VICTIMS.—

Section 1404(b)(1) of the Victims of Crime Act of 1984 (42

U.S.C. 10603(b)(1)) is amended—

(1) in subparagraph (D), by striking ‘‘and’’ at the end;

49 USC 40101

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00102 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 373

(2) in subparagraph (E), by striking the period at the

end and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(F) does not discriminate against victims because they

disagree with the way the State is prosecuting the criminal

case.’’.

EFFORTS.—Section 1404(c)(1)(A) of the Victims of Crime Act of

1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting ‘‘, program

evaluation, compliance efforts,’’ after ‘‘demonstration projects’’.

(d) ALLOCATION OF DISCRETIONARY GRANTS.—Section 1404(c)(2)

of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is

amended—

(1) in subparagraph (A), by striking ‘‘not more than’’ and

inserting ‘‘not less than’’; and

(2) in subparagraph (B), by striking ‘‘not less than’’ and

inserting ‘‘not more than’’.

(e) FELLOWSHIPS AND CLINICAL INTERNSHIPS.—Section

1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(3))

is amended—

(1) in subparagraph (C), by striking ‘‘and’’ at the end;

(2) in subparagraph (D), by striking the period at the

end and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(E) use funds made available to the Director under

this subsection—

‘‘(i) for fellowships and clinical internships; and

‘‘(ii) to carry out programs of training and special

workshops for the presentation and dissemination of

information resulting from demonstrations, surveys,

and special projects.’’.

SEC. 624. VICTIMS OF TERRORISM.

(a) COMPENSATION AND ASSISTANCE TO VICTIMS OF DOMESTIC

TERRORISM.—Section 1404B(b) of the Victims of Crime Act of 1984

(42 U.S.C. 10603b(b)) is amended to read as follows:

‘‘(b) VICTIMS OF TERRORISM WITHIN THE UNITED STATES.—The

Director may make supplemental grants as provided in section

1402(d)(5) to States for eligible crime victim compensation and

assistance programs, and to victim service organizations, public

agencies (including Federal, State, or local governments) and nongovernmental

organizations that provide assistance to victims of

crime, which shall be used to provide emergency relief, including

crisis response efforts, assistance, compensation, training and technical

assistance, and ongoing assistance, including during any investigation

or prosecution, to victims of terrorist acts or mass violence

occurring within the United States.’’.

(b) ASSISTANCE TO VICTIMS OF INTERNATIONAL TERRORISM.—

Section 1404B(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C.

10603b(a)(1)) is amended by striking ‘‘who are not persons eligible

for compensation under title VIII of the Omnibus Diplomatic Security

and Antiterrorism Act of 1986’’.

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

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00103 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 374 PUBLIC LAW 107–56—OCT. 26, 2001

shall be reduced by any amount that the victim received in connection

with the same act of international terrorism under title VIII

of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.’’.

TITLE VII—INCREASED INFORMATION

SHARING FOR CRITICAL INFRASTRUCTURE

PROTECTION

SEC. 701. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM

TO FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCEMENT

RESPONSE RELATED TO TERRORIST ATTACKS.

Section 1301 of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3796h) is amended—

(1) in subsection (a), by inserting ‘‘and terrorist conspiracies

and activities’’ after ‘‘activities’’;

(2) in subsection (b)—

(A) in paragraph (3), by striking ‘‘and’’ after the semicolon;

(B) by redesignating paragraph (4) as paragraph (5);

and

‘‘(4) establishing and operating secure information sharing

systems to enhance the investigation and prosecution abilities

of participating enforcement agencies in addressing multi-jurisdictional

terrorist conspiracies and activities; and (5)’’; and

(3) by inserting at the end the following:

‘‘(d) AUTHORIZATION OF APPROPRIATION TO THE BUREAU OF JUSTICE

ASSISTANCE.—There are authorized to be appropriated to the

Bureau of Justice Assistance to carry out this section $50,000,000

for fiscal year 2002 and $100,000,000 for fiscal year 2003.’’.

TITLE VIII—STRENGTHENING THE

CRIMINAL LAWS AGAINST TERRORISM

SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE

AGAINST MASS TRANSPORTATION SYSTEMS.

Chapter 97 of title 18, United States Code, is amended by

adding at the end the following:

‘‘§ 1993. Terrorist attacks and other acts of violence against

mass transportation systems

‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—

‘‘(1) wrecks, derails, sets fire to, or disables a mass

transportation vehicle or ferry;

‘‘(2) places or causes to be placed any biological agent

or toxin for use as a weapon, destructive substance, or destructive

device in, upon, or near a mass transportation vehicle

or ferry, without previously obtaining the permission of the

mass transportation provider, and with intent to endanger the

safety of any passenger or employee of the mass transportation

provider, or with a reckless disregard for the safety of human

life;

‘‘(3) sets fire to, or places any biological agent or toxin

for use as a weapon, destructive substance, or destructive device

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00104 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 375

in, upon, or near any garage, terminal, structure, supply, or

facility used in the operation of, or in support of the operation

of, a mass transportation vehicle or ferry, without previously

obtaining the permission of the mass transportation provider,

and knowing or having reason to know such activity would

likely derail, disable, or wreck a mass transportation vehicle

or ferry used, operated, or employed by the mass transportation

provider;

‘‘(4) removes appurtenances from, damages, or otherwise

impairs the operation of a mass transportation signal system,

including a train control system, centralized dispatching

system, or rail grade crossing warning signal without authorization

from the mass transportation provider;

‘‘(5) interferes with, disables, or incapacitates any dispatcher,

driver, captain, or person while they are employed

in dispatching, operating, or maintaining a mass transportation

vehicle or ferry, with intent to endanger the safety of any

passenger or employee of the mass transportation provider,

or with a reckless disregard for the safety of human life;

‘‘(6) commits an act, including the use of a dangerous

weapon, with the intent to cause death or serious bodily injury

to an employee or passenger of a mass transportation provider

or any other person while any of the foregoing are on the

property of a mass transportation provider;

‘‘(7) conveys or causes to be conveyed false information,

knowing the information to be false, concerning an attempt

or alleged attempt being made or to be made, to do any act

which would be a crime prohibited by this subsection; or

‘‘(8) attempts, threatens, or conspires to do any of the

aforesaid acts,

shall be fined under this title or imprisoned not more than twenty

years, or both, if such act is committed, or in the case of a threat

or conspiracy such act would be committed, on, against, or affecting

a mass transportation provider engaged in or affecting interstate

or foreign commerce, or if in the course of committing such act,

that person travels or communicates across a State line in order

to commit such act, or transports materials across a State line

in aid of the commission of such act.

‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an offense

under subsection (a) in a circumstance in which—

‘‘(1) the mass transportation vehicle or ferry was carrying

a passenger at the time of the offense; or

‘‘(2) the offense has resulted in the death of any person,

shall be guilty of an aggravated form of the offense and shall

be fined under this title or imprisoned for a term of years or

for life, or both.

‘‘(c) DEFINITIONS.—In this section—

‘‘(1) the term ‘biological agent’ has the meaning given to

that term in section 178(1) of this title;

‘‘(2) the term ‘dangerous weapon’ has the meaning given

to that term in section 930 of this title;

‘‘(3) the term ‘destructive device’ has the meaning given

to that term in section 921(a)(4) of this title;

‘‘(4) the term ‘destructive substance’ has the meaning given

to that term in section 31 of this title;

‘‘(5) the term ‘mass transportation’ has the meaning given

to that term in section 5302(a)(7) of title 49, United States

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00105 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 376 PUBLIC LAW 107–56—OCT. 26, 2001

Code, except that the term shall include schoolbus, charter,

and sightseeing transportation;

‘‘(6) the term ‘serious bodily injury’ has the meaning given

to that term in section 1365 of this title;

‘‘(7) the term ‘State’ has the meaning given to that term

in section 2266 of this title; and

‘‘(8) the term ‘toxin’ has the meaning given to that term

in section 178(2) of this title.’’.

(f) CONFORMING AMENDMENT.—The analysis of chapter 97 of

title 18, United States Code, is amended by adding at the end:

‘‘1993. Terrorist attacks and other acts of violence against mass transportation systems.’’.

SEC. 802. DEFINITION OF DOMESTIC TERRORISM.

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

United States Code, is amended—

(1) in paragraph (1)(B)(iii), by striking ‘‘by assassination

or kidnapping’’ and inserting ‘‘by mass destruction, assassination,

or kidnapping’’;

(2) in paragraph (3), by striking ‘‘and’’;

(3) in paragraph (4), by striking the period at the end

and inserting ‘‘; and’’; and

(4) by adding at the end the following:

‘‘(5) the term ‘domestic terrorism’ means activities that—

‘‘(A) involve acts dangerous to human life that are

a violation of the criminal laws of the United States or

of any State;

‘‘(B) appear to be intended—

‘‘(i) to intimidate or coerce a civilian population;

‘‘(ii) to influence the policy of a government by

intimidation or coercion; or

‘‘(iii) to affect the conduct of a government by

mass destruction, assassination, or kidnapping; and

‘‘(C) occur primarily within the territorial jurisdiction

of the United States.’’.

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

United States Code, is amended to read as follows:

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

terrorism as defined in section 2331;’’.

SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

(a) IN GENERAL.—Chapter 113B of title 18, United States Code,

is amended by adding after section 2338 the following new section:

‘‘§ 2339. Harboring or concealing terrorists

‘‘(a) Whoever harbors or conceals any person who he knows,

or has reasonable grounds to believe, has committed, or is about

to commit, an offense under section 32 (relating to destruction

of aircraft or aircraft facilities), section 175 (relating to biological

weapons), section 229 (relating to chemical weapons), section 831

(relating to nuclear materials), paragraph (2) or (3) of section 844(f)

(relating to arson and bombing of government property risking

or causing injury or death), section 1366(a) (relating to the destruction

of an energy facility), section 2280 (relating to violence against

maritime navigation), section 2332a (relating to weapons of mass

destruction), or section 2332b (relating to acts of terrorism transcending

national boundaries) of this title, section 236(a) (relating

to sabotage of nuclear facilities or fuel) of the Atomic Energy Act

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00106 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 377

of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft

piracy) of title 49, shall be fined under this title or imprisoned

not more than ten years, or both.’’.

‘‘(b) A violation of this section may be prosecuted in any Federal

judicial district in which the underlying offense was committed,

or in any other Federal judicial district as provided by law.’’.

(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter

113B of title 18, United States Code, is amended by inserting

after the item for section 2338 the following:

‘‘2339. Harboring or concealing terrorists.’’.

SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES

ABROAD.

Section 7 of title 18, United States Code, is amended by adding

at the end the following:

‘‘(9) With respect to offenses committed by or against a

national of the United States as that term is used in section

101 of the Immigration and Nationality Act—

‘‘(A) the premises of United States diplomatic, consular,

military or other United States Government missions or

entities in foreign States, including the buildings, parts

of buildings, and land appurtenant or ancillary thereto

or used for purposes of those missions or entities, irrespective

of ownership; and

‘‘(B) residences in foreign States and the land appurtenant

or ancillary thereto, irrespective of ownership, used

for purposes of those missions or entities or used by United

States personnel assigned to those missions or entities.

Nothing in this paragraph shall be deemed to supersede any

treaty or international agreement with which this paragraph

conflicts. This paragraph does not apply with respect to an

offense committed by a person described in section 3261(a)

of this title.’’.

SEC. 805. MATERIAL SUPPORT FOR TERRORISM.

(a) IN GENERAL.—Section 2339A of title 18, United States Code,

is amended—

(1) in subsection (a)—

(A) by striking ‘‘, within the United States,’’;

(B) by inserting ‘‘229,’’ after ‘‘175,’’;

(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,’’.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00107 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 378 PUBLIC LAW 107–56—OCT. 26, 2001

(b) TECHNICAL AMENDMENT.—Section 1956(c)(7)(D) of title 18,

United States Code, is amended by inserting ‘‘or 2339B’’ after

‘‘2339A’’.

SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.

Section 981(a)(1) of title 18, United States Code, is amended

by inserting at the end the following:

‘‘(G) All assets, foreign or domestic—

‘‘(i) of any individual, entity, or organization engaged

in planning or perpetrating any act of domestic or international

terrorism (as defined in section 2331) against the

United States, citizens or residents of the United States,

or their property, and all assets, foreign or domestic,

affording any person a source of influence over any such

entity or organization;

‘‘(ii) acquired or maintained by any person with the

intent and for the purpose of supporting, planning, conducting,

or concealing an act of domestic or international

terrorism (as defined in section 2331) against the United

States, citizens or residents of the United States, or their

property; or

‘‘(iii) derived from, involved in, or used or intended

to be used to commit any act of domestic or international

terrorism (as defined in section 2331) against the United

States, citizens or residents of the United States, or their

property.’’.

SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF

MATERIAL SUPPORT TO TERRORISM.

No provision of the Trade Sanctions Reform and Export

Enhancement Act of 2000 (title IX of Public Law 106–387) shall

be construed to limit or otherwise affect section 2339A or 2339B

of title 18, United States Code.

SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.

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

(1) in subsection (f), by inserting ‘‘and any violation of

section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c),

1751(e), 2152, or 2156 of this title,’’ before ‘‘and the Secretary’’;

and

(2) in subsection (g)(5)(B), by striking clauses (i) through

(iii) and inserting the following:

‘‘(i) section 32 (relating to destruction of aircraft

or aircraft facilities), 37 (relating to violence at international

airports), 81 (relating to arson within special

maritime and territorial jurisdiction), 175 or 175b

(relating to biological weapons), 229 (relating to chemical

weapons), subsection (a), (b), (c), or (d) of section

351 (relating to congressional, cabinet, and Supreme

Court assassination and kidnaping), 831 (relating to

nuclear materials), 842(m) or (n) (relating to plastic

explosives), 844(f)(2) or (3) (relating to arson and

bombing of Government property risking or causing

death), 844(i) (relating to arson and bombing of property

used in interstate commerce), 930(c) (relating to

killing or attempted killing during an attack on a

Federal facility with a dangerous weapon), 956(a)(1)

(relating to conspiracy to murder, kidnap, or maim

22 USC 7211.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00108 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 379

persons abroad), 1030(a)(1) (relating to protection of

computers), 1030(a)(5)(A)(i) resulting in damage as

defined in 1030(a)(5)(B)(ii) through (v) (relating to

protection of computers), 1114 (relating to killing or

attempted killing of officers and employees of the

United States), 1116 (relating to murder or manslaughter

of foreign officials, official guests, or internationally

protected persons), 1203 (relating to hostage

taking), 1362 (relating to destruction of communication

lines, stations, or systems), 1363 (relating to injury

to buildings or property within special maritime and

territorial jurisdiction of the United States), 1366(a)

(relating to destruction of an energy facility), 1751(a),

(b), (c), or (d) (relating to Presidential and Presidential

staff assassination and kidnaping), 1992 (relating to

wrecking trains), 1993 (relating to terrorist attacks

and other acts of violence against mass transportation

systems), 2155 (relating to destruction of national

defense materials, premises, or utilities), 2280 (relating

to violence against maritime navigation), 2281 (relating

to violence against maritime fixed platforms), 2332

(relating to certain homicides and other violence

against United States nationals occurring outside of

the United States), 2332a (relating to use of weapons

of mass destruction), 2332b (relating to acts of terrorism

transcending national boundaries), 2339

(relating to harboring terrorists), 2339A (relating to

providing material support to terrorists), 2339B

(relating to providing material support to terrorist

organizations), or 2340A (relating to torture) of this

title;

‘‘(ii) section 236 (relating to sabotage of nuclear

facilities or fuel) of the Atomic Energy Act of 1954

(42 U.S.C. 2284); or

‘‘(iii) section 46502 (relating to aircraft piracy),

the second sentence of section 46504 (relating to

assault on a flight crew with a dangerous weapon),

section 46505(b)(3) or (c) (relating to explosive or incendiary

devices, or endangerment of human life by means

of weapons, on aircraft), section 46506 if homicide or

attempted homicide is involved (relating to application

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

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

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

SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM

OFFENSES.

(a) IN GENERAL.—Section 3286 of title 18, United States Code,

is amended to read as follows:

‘‘§ 3286. Extension of statute of limitation for certain terrorism

offenses

‘‘(a) EIGHT-YEAR LIMITATION.—Notwithstanding section 3282,

no person shall be prosecuted, tried, or punished for any noncapital

offense involving a violation of any provision listed in section

2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or 1751(e)

of this title, or section 46504, 46505, or 46506 of title 49, unless

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00109 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 380 PUBLIC LAW 107–56—OCT. 26, 2001

the indictment is found or the information is instituted within

8 years after the offense was committed. Notwithstanding the preceding

sentence, offenses listed in section 3295 are subject to the

statute of limitations set forth in that section.

‘‘(b) NO LIMITATION.—Notwithstanding any other law, an indictment

may be found or an information instituted at any time without

limitation for any offense listed in section 2332b(g)(5)(B), if the

commission of such offense resulted in, or created a forseeable

risk of, death or serious bodily injury to another person.’’.

(b) APPLICATION.—The amendments made by this section shall

apply to the prosecution of any offense committed before, on, or

after the date of the enactment of this section.

SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM

OFFENSES.

(a) ARSON.—Section 81 of title 18, United States Code, is

amended in the second undesignated paragraph by striking ‘‘not

more than twenty years’’ and inserting ‘‘for any term of years

or for life’’.

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

title 18, United States Code, is amended—

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

and

(2) by adding at the end the following:

‘‘(d) Whoever is convicted of a violation of subsection (a) or

(b) that has resulted in the death of any person shall be subject

to imprisonment for any term of years or life.’’.

title 18, United States Code, is amended—

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

(2) by striking the period and inserting ‘‘, and, if the death

of any person results, shall be imprisoned for any term of

years or for life.’’.

(d) MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST

ORGANIZATIONS.—Section 2339B(a)(1) of title 18, United States

Code, is amended—

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

(2) by striking the period after ‘‘or both’’ and inserting

‘‘, and, if the death of any person results, shall be imprisoned

for any term of years or for life.’’.

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

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

(1) by striking ‘‘ten’’ and inserting ‘‘20’’; and

(2) by striking the period at the end and inserting ‘‘, and,

if death results to any person, shall be imprisoned for any

term of years or for life.’’.

(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236

of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended—

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

‘‘20’’;

(2) in subsection (a), by striking the period at the end

and inserting ‘‘, and, if death results to any person, shall

be imprisoned for any term of years or for life.’’; and

(3) in subsection (b), by striking the period at the end

and inserting ‘‘, and, if death results to any person, shall

be imprisoned for any term of years or for life.’’.

18 USC 3286

note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00110 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 381

(g) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.—

Section 46505(c) of title 49, United States Code, is amended—

(1) by striking ‘‘15’’ and inserting ‘‘20’’; and

(2) by striking the period at the end and inserting ‘‘, and,

if death results to any person, shall be imprisoned for any

term of years or for life.’’.

(h) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS

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’’.

1362 of title 18, United States Code, is amended in the first undesignated

paragraph—

(1) by striking ‘‘or attempts willfully or maliciously to injure

or destroy’’; and

(2) by inserting ‘‘or attempts or conspires to do such an

act,’’ before ‘‘shall be fined’’.

(d) BUILDINGS OR PROPERTY WITHIN SPECIAL MARITIME AND

TERRITORIAL JURISDICTION.—Section 1363 of title 18, United States

Code, is amended—

(1) by striking ‘‘or attempts to destroy or injure’’; and

(2) by inserting ‘‘or attempts or conspires to do such an

act,’’ before ‘‘shall be fined’’ the first place it appears.

(e) WRECKING TRAINS.—Section 1992 of title 18, United States

Code, is amended by adding at the end the following:

‘‘(c) A person who conspires to commit any offense defined

in this section shall be subject to the same penalties (other than

the penalty of death) as the penalties prescribed for the offense,

the commission of which was the object of the conspiracy.’’.

(f) MATERIAL SUPPORT TO TERRORISTS.—Section 2339A of title

18, United States Code, is amended by inserting ‘‘or attempts or

conspires to do such an act,’’ before ‘‘shall be fined’’.

(g) TORTURE.—Section 2340A of title 18, United States Code,

is amended by adding at the end the following:

‘‘(c) CONSPIRACY.—A person who conspires to commit an offense

under this section shall be subject to the same penalties (other

than the penalty of death) as the penalties prescribed for the

offense, the commission of which was the object of the conspiracy.’’.

(h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236

of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended—

(1) in subsection (a)—

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00111 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 382 PUBLIC LAW 107–56—OCT. 26, 2001

(A) by striking ‘‘, or who intentionally and willfully

attempts to destroy or cause physical damage to’’;

(B) in paragraph (4), by striking the period at the

end and inserting a comma; and

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 ATTENDANTS.—

Section 46504 of title 49, United States Code, is amended

by inserting ‘‘or attempts or conspires to do such an act,’’ before

‘‘shall be fined’’.

(j) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.—

Section 46505 of title 49, United States Code, is amended by adding

at the end the following:

‘‘(e) CONSPIRACY.—If two or more persons conspire to violate

subsection (b) or (c), and one or more of such persons do any

act to effect the object of the conspiracy, each of the parties to

such conspiracy shall be punished as provided in such subsection.’’.

(k) DAMAGING OR DESTROYING AN INTERSTATE GAS OR HAZARDOUS

LIQUID PIPELINE FACILITY.—Section 60123(b) of title 49,

United States Code, is amended—

(1) by striking ‘‘, or attempting to damage or destroy,’’;

and

(2) by inserting ‘‘, or attempting or conspiring to do such

an act,’’ before ‘‘shall be fined’’.

SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.

Section 3583 of title 18, United States Code, is amended by

adding at the end the following:

‘‘(j) SUPERVISED RELEASE TERMS FOR TERRORISM PREDICATES.—

Notwithstanding subsection (b), the authorized term of supervised

release for any offense listed in section 2332b(g)(5)(B), the commission

of which resulted in, or created a foreseeable risk of, death

or serious bodily injury to another person, is any term of years

or life.’’.

SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING

ACTIVITY.

Section 1961(1) of title 18, United States Code, is amended—

(1) by striking ‘‘or (F)’’ and inserting ‘‘(F)’’; and

(2) by inserting before the semicolon at the end the following:

‘‘, or (G) any act that is indictable under any provision

listed in section 2332b(g)(5)(B)’’.

SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.

(a) CLARIFICATION OF PROTECTION OF PROTECTED COMPUTERS.—

Section 1030(a)(5) of title 18, United States Code, is

amended—

(1) by inserting ‘‘(i)’’ after ‘‘(A)’’;

(2) by redesignating subparagraphs (B) and (C) as clauses

(ii) and (iii), respectively;

(3) by adding ‘‘and’’ at the end of clause (iii), as so redesignated;

and

(4) by adding at the end the following:

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00112 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 383

‘‘(B) by conduct described in clause (i), (ii), or (iii)

of subparagraph (A), caused (or, in the case of an attempted

offense, would, if completed, have caused)—

‘‘(i) loss to 1 or more persons during any 1-year

period (and, for purposes of an investigation, prosecution,

or other proceeding brought by the United States

only, loss resulting from a related course of conduct

affecting 1 or more other protected computers) aggregating

at least $5,000 in value;

‘‘(ii) the modification or impairment, or potential

modification or impairment, of the medical examination,

diagnosis, treatment, or care of 1 or more individuals;

‘‘(iii) physical injury to any person;

‘‘(iv) a threat to public health or safety; or

‘‘(v) damage affecting a computer system used by

or for a government entity in furtherance of the

administration of justice, national defense, or national

security;’’.

(b) PROTECTION FROM EXTORTION.—Section 1030(a)(7) of title

18, United States Code, is amended by striking ‘‘, firm, association,

educational institution, financial institution, government entity, or

other legal entity,’’.

is amended—

(1) in paragraph (2)—

(A) in subparagraph (A) —

(i) by inserting ‘‘except as provided in subparagraph

(B),’’ before ‘‘a fine’’;

(ii) by striking ‘‘(a)(5)(C)’’ and inserting

‘‘(a)(5)(A)(iii)’’; and

(iii) by striking ‘‘and’ at the end;

(B) in subparagraph (B), by inserting ‘‘or an attempt

to commit an offense punishable under this subparagraph,’’

after ‘‘subsection (a)(2),’’ in the matter preceding clause

(i); and

(2) in paragraph (3)—

(A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’ both places it

appears; and

(B) by striking ‘‘(a)(5)(C)’’ and inserting ‘‘(a)(5)(A)(iii)’’;

and

(3) by adding at the end the following:

‘‘(4)(A) a fine under this title, imprisonment for not more

than 10 years, or both, in the case of an offense under subsection

(a)(5)(A)(i), or an attempt to commit an offense punishable

under that subsection;

‘‘(B) a fine under this title, imprisonment for not more

than 5 years, or both, in the case of an offense under subsection

(a)(5)(A)(ii), or an attempt to commit an offense punishable

under that subsection;

‘‘(C) a fine under this title, imprisonment for not more

than 20 years, or both, in the case of an offense under subsection

(a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an

offense punishable under either subsection, that occurs after

a conviction for another offense under this section.’’.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00113 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 384 PUBLIC LAW 107–56—OCT. 26, 2001

(d) DEFINITIONS.—Section 1030(e) of title 18, United States

Code is amended—

(1) in paragraph (2)(B), by inserting ‘‘, including a computer

located outside the United States that is used in a manner

that affects interstate or foreign commerce or communication

of the United States’’ before the semicolon;

(2) in paragraph (7), by striking ‘‘and’’ at the end;

(3) by striking paragraph (8) and inserting the following:

‘‘(8) the term ‘damage’ means any impairment to the integrity

or availability of data, a program, a system, or information;’’;

(4) in paragraph (9), by striking the period at the end

and inserting a semicolon; and

(5) by adding at the end the following:

‘‘(10) the term ‘conviction’ shall include a conviction under

the law of any State for a crime punishable by imprisonment

for more than 1 year, an element of which is unauthorized

access, or exceeding authorized access, to a computer;

‘‘(11) the term ‘loss’ means any reasonable cost to any

victim, including the cost of responding to an offense, conducting

a damage assessment, and restoring the data, program,

system, or information to its condition prior to the offense,

and any revenue lost, cost incurred, or other consequential

damages incurred because of interruption of service; and

‘‘(12) the term ‘person’ means any individual, firm, corporation,

educational institution, financial institution, governmental

entity, or legal or other entity.’’.

(e) DAMAGES IN CIVIL ACTIONS.—Section 1030(g) of title 18,

United States Code is amended—

(1) by striking the second sentence and inserting the following:

‘‘A civil action for a violation of this section may be

brought only if the conduct involves 1 of the factors set forth

in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages

for a violation involving only conduct described in subsection

(a)(5)(B)(i) are limited to economic damages.’’; and

(2) by adding at the end the following: ‘‘No action may

be brought under this subsection for the negligent design or

manufacture of computer hardware, computer software, or

firmware.’’.

(f) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN

COMPUTER FRAUD AND ABUSE.—Pursuant to its authority

under section 994(p) of title 28, United States Code, the United

States Sentencing Commission shall amend the Federal sentencing

guidelines to ensure that any individual convicted of a violation

of section 1030 of title 18, United States Code, can be subjected

to appropriate penalties, without regard to any mandatory minimum

term of imprisonment.

SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING

RECORDS IN RESPONSE TO GOVERNMENT

REQUESTS.

Section 2707(e)(1) of title 18, United States Code, is amended

by inserting after ‘‘or statutory authorization’’ the following:

‘‘(including a request of a governmental entity under section 2703(f)

of this title)’’.

28 USC 994 note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00114 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 385

SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY

FORENSIC CAPABILITIES.

(a) IN GENERAL.—The Attorney General shall establish such

regional computer forensic laboratories as the Attorney General

considers appropriate, and provide support to existing computer

forensic laboratories, in order that all such computer forensic laboratories

have the capability—

(1) to provide forensic examinations with respect to seized

or intercepted computer evidence relating to criminal activity

(including cyberterrorism);

(2) to provide training and education for Federal, State,

and local law enforcement personnel and prosecutors regarding

investigations, forensic analyses, and prosecutions of computerrelated

crime (including cyberterrorism);

(3) to assist Federal, State, and local law enforcement

in enforcing Federal, State, and local criminal laws relating

to computer-related crime;

(4) to facilitate and promote the sharing of Federal law

enforcement expertise and information about the investigation,

analysis, and prosecution of computer-related crime with State

and local law enforcement personnel and prosecutors, including

the use of multijurisdictional task forces; and

(5) to carry out such other activities as the Attorney General

considers appropriate.

(b) AUTHORIZATION OF APPROPRIATIONS.—

(1) AUTHORIZATION.—There is hereby authorized to be

appropriated in each fiscal year $50,000,000 for purposes of

carrying out this section.

(2) AVAILABILITY.—Amounts appropriated pursuant to the

authorization of appropriations in paragraph (1) shall remain

available until expended.

SEC. 817. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.

Chapter 10 of title 18, United States Code, is amended—

(1) in section 175—

(A) in subsection (b)—

(i) by striking ‘‘does not include’’ and inserting

‘‘includes’’;

(ii) by inserting ‘‘other than’’ after ‘‘system for’’;

and

(iii) by inserting ‘‘bona fide research’’ after ‘‘protective’’;

(B) by redesignating subsection (b) as subsection (c);

and

‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly possesses any

biological agent, toxin, or delivery system of a type or in a quantity

that, under the circumstances, is not reasonably justified by a

prophylactic, protective, bona fide research, or other peaceful purpose,

shall be fined under this title, imprisoned not more than

10 years, or both. In this subsection, the terms ‘biological agent’

and ‘toxin’ do not encompass any biological agent or toxin that

is in its naturally occurring environment, if the biological agent

or toxin has not been cultivated, collected, or otherwise extracted

from its natural source.’’;

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

28 USC 509 note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00115 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

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

‘‘(a) No restricted person described in subsection (b) shall ship

or transport interstate or foreign commerce, or possess in or

affecting commerce, any biological agent or toxin, or receive any

biological agent or toxin that has been shipped or transported

in interstate or foreign commerce, if the biological agent or toxin

is listed as a select agent in subsection (j) of section 72.6 of title

42, Code of Federal Regulations, pursuant to section 511(d)(l) of

the Antiterrorism and Effective Death Penalty Act of 1996 (Public

Law 104–132), and is not exempted under subsection (h) of such

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

‘‘(b) In this section:

‘‘(1) The term ‘select agent’ does not include any such

biological agent or toxin that is in its naturally-occurring

environment, if the biological agent or toxin has not been

cultivated, collected, or otherwise extracted from its natural

source.

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

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

imprisonment for a term exceeding 1 year;

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

by imprisonment for a term exceeding 1 year;

‘‘(C) is a fugitive from justice;

‘‘(D) is an unlawful user of any controlled substance

(as defined in section 102 of the Controlled Substances

Act (21 U.S.C. 802));

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

States;

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

has been committed to any mental institution;

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

for permanent residence) who is a national of a country

as to which the Secretary of State, pursuant to section

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

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

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

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

U.S.C. 2780(d)), has made a determination (that remains

in effect) that such country has repeatedly provided support

for acts of international terrorism; or

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

of the United States under dishonorable conditions.

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

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

1101(a)(3)).

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

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

and Nationality Act (8 U.S.C. 1101(a)(20)).

‘‘(c) Whoever knowingly violates this section shall be fined

as provided in this title, imprisoned not more than 10 years, or

both, but the prohibition contained in this section shall not apply

with respect to any duly authorized United States governmental

activity.’’; and

(3) in the chapter analysis, by inserting after the item

relating to section 175a the following:

‘‘175b. Possession by restricted persons.’’.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00116 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 387

TITLE IX—IMPROVED INTELLIGENCE

SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE

REGARDING FOREIGN INTELLIGENCE COLLECTED

UNDER FOREIGN INTELLIGENCE SURVEILLANCE

ACT OF 1978.

Section 103(c) of the National Security Act of 1947 (50 U.S.C.

403–3(c)) is amended—

(1) by redesignating paragraphs (6) and (7) as paragraphs

(7) and (8), respectively; and

(2) by inserting after paragraph (5) the following new paragraph

(6):

‘‘(6) establish requirements and priorities for foreign intelligence

information to be collected under the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and

provide assistance to the Attorney General to ensure that

information derived from electronic surveillance or physical

searches under that Act is disseminated so it may be used

efficiently and effectively for foreign intelligence purposes,

except that the Director shall have no authority to direct,

manage, or undertake electronic surveillance or physical search

operations pursuant to that Act unless otherwise authorized

by statute or Executive order;’’.

SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES

WITHIN SCOPE OF FOREIGN INTELLIGENCE UNDER

NATIONAL SECURITY ACT OF 1947.

Section 3 of the National Security Act of 1947 (50 U.S.C.

401a) is amended—

(1) in paragraph (2), by inserting before the period the

following: ‘‘, or international terrorist activities’’; and

(2) in paragraph (3), by striking ‘‘and activities conducted’’

and inserting ‘‘, and activities conducted,’’.

SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND MAINTENANCE

OF INTELLIGENCE RELATIONSHIPS TO ACQUIRE

INFORMATION ON TERRORISTS AND TERRORIST

ORGANIZATIONS.

It is the sense of Congress that officers and employees of

the intelligence community of the Federal Government, acting

within the course of their official duties, should be encouraged,

and should make every effort, to establish and maintain intelligence

relationships with any person, entity, or group for the purpose

of engaging in lawful intelligence activities, including the acquisition

of information on the identity, location, finances, affiliations,

capabilities, plans, or intentions of a terrorist or terrorist organization,

or information on any other person, entity, or group (including

a foreign government) engaged in harboring, comforting, financing,

aiding, or assisting a terrorist or terrorist organization.

SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS

OF REPORTS ON INTELLIGENCE AND INTELLIGENCE-

RELATED MATTERS.

(a) AUTHORITY TO DEFER.—The Secretary of Defense, Attorney

General, and Director of Central Intelligence each may, during

the effective period of this section, defer the date of submittal

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00117 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 388 PUBLIC LAW 107–56—OCT. 26, 2001

to Congress of any covered intelligence report under the jurisdiction

of such official until February 1, 2002.

(b) COVERED INTELLIGENCE REPORT.—Except as provided in

subsection (c), for purposes of subsection (a), a covered intelligence

report is as follows:

(1) Any report on intelligence or intelligence-related activities

of the United States Government that is required to be

submitted to Congress by an element of the intelligence community

during the effective period of this section.

(2) Any report or other matter that is required to be submitted

to the Select Committee on Intelligence of the Senate

and Permanent Select Committee on Intelligence of the House

of Representatives by the Department of Defense or the Department

of Justice during the effective period of this section.

(a), any report required by section 502 or 503 of the National

Security Act of 1947 (50 U.S.C. 413a, 413b) is not a covered intelligence

report.

(d) NOTICE TO CONGRESS.—Upon deferring the date of submittal

to Congress of a covered intelligence report under subsection (a),

the official deferring the date of submittal of the covered intelligence

report shall submit to Congress notice of the deferral. Notice of

deferral of a report shall specify the provision of law, if any, under

which the report would otherwise be submitted to Congress.

(e) EXTENSION OF DEFERRAL.—(1) Each official specified in subsection

(a) may defer the date of submittal to Congress of a covered

intelligence report under the jurisdiction of such official to a date

after February 1, 2002, if such official submits to the committees

of Congress specified in subsection (b)(2) before February 1, 2002,

a certification that preparation and submittal of the covered intelligence

report on February 1, 2002, will impede the work of officers

or employees who are engaged in counterterrorism activities.

(2) A certification under paragraph (1) with respect to a covered

intelligence report shall specify the date on which the covered

intelligence report will be submitted to Congress.

(f) EFFECTIVE PERIOD.—The effective period of this section is

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

and ending on February 1, 2002.

(g) ELEMENT OF THE INTELLIGENCE COMMUNITY DEFINED.—

In this section, the term ‘‘element of the intelligence community’’

means any element of the intelligence community specified or designated

under section 3(4) of the National Security Act of 1947

(50 U.S.C. 401a(4)).

SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF

FOREIGN INTELLIGENCE-RELATED INFORMATION WITH

RESPECT TO CRIMINAL INVESTIGATIONS.

(a) IN GENERAL.—Title I of the National Security Act of 1947

(50 U.S.C. 402 et seq.) is amended—

(1) by redesignating subsection 105B as section 105C; and

(2) by inserting after section 105A the following new section

105B:

50 USC 403–5b,

403–5c.

Certification.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00118 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 389

‘‘DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN CRIMINAL INVESTIGATIONS;

NOTICE OF CRIMINAL INVESTIGATIONS OF FOREIGN

INTELLIGENCE SOURCES

‘‘SEC. 105B. (a) DISCLOSURE OF FOREIGN INTELLIGENCE.—(1)

Except as otherwise provided by law and subject to paragraph

(2), the Attorney General, or the head of any other department

or agency of the Federal Government with law enforcement responsibilities,

shall expeditiously disclose to the Director of Central

Intelligence, pursuant to guidelines developed by the Attorney General

in consultation with the Director, foreign intelligence acquired

by an element of the Department of Justice or an element of

such department or agency, as the case may be, in the course

of a criminal investigation.

‘‘(2) The Attorney General by regulation and in consultation

with the Director of Central Intelligence may provide for exceptions

to the applicability of paragraph (1) for one or more classes of

foreign intelligence, or foreign intelligence with respect to one or

more targets or matters, if the Attorney General determines that

disclosure of such foreign intelligence under that paragraph would

jeopardize an ongoing law enforcement investigation or impair other

significant law enforcement interests.

‘‘(b) PROCEDURES FOR NOTICE OF CRIMINAL INVESTIGATIONS.—

Not later than 180 days after the date of enactment of this section,

the Attorney General, in consultation with the Director of Central

Intelligence, shall develop guidelines to ensure that after receipt

of a report from an element of the intelligence community of activity

of a foreign intelligence source or potential foreign intelligence

source that may warrant investigation as criminal activity, the

Attorney General provides notice to the Director of Central Intelligence,

within a reasonable period of time, of his intention to

commence, or decline to commence, a criminal investigation of such

activity.

‘‘(c) PROCEDURES.—The Attorney General shall develop procedures

for the administration of this section, including the disclosure

of foreign intelligence by elements of the Department of Justice,

and elements of other departments and agencies of the Federal

Government, under subsection (a) and the provision of notice with

respect to criminal investigations under subsection (b).’’.

(b) CLERICAL AMENDMENT.—The table of contents in the first

section of that Act is amended by striking the item relating to

section 105B and inserting the following new items:

‘‘Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations;

notice of criminal investigations of foreign intelligence sources.

‘‘Sec. 105C. Protection of the operational files of the National Imagery and Mapping

Agency.’’.

SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.

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

1, 2002, the Attorney General, the Director of Central Intelligence,

and the Secretary of the Treasury shall jointly submit to Congress

a report on the feasibility and desirability of reconfiguring the

Foreign Terrorist Asset Tracking Center and the Office of Foreign

Assets Control of the Department of the Treasury in order to

establish a capability to provide for the effective and efficient analysis

and dissemination of foreign intelligence relating to the financial

capabilities and resources of international terrorist organizations.

Deadline.

50 USC 403–5b.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00119 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 390 PUBLIC LAW 107–56—OCT. 26, 2001

(b) REPORT REQUIREMENTS.—(1) In preparing the report under

subsection (a), the Attorney General, the Secretary, and the Director

shall consider whether, and to what extent, the capacities and

resources of the Financial Crimes Enforcement Center of the

Department of the Treasury may be integrated into the capability

contemplated by the report.

(2) If the Attorney General, Secretary, and the Director determine

that it is feasible and desirable to undertake the reconfiguration

described in subsection (a) in order to establish the capability

described in that subsection, the Attorney General, the Secretary,

and the Director shall include with the report under that subsection

a detailed proposal for legislation to achieve the reconfiguration.

SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.

(a) REPORT ON ESTABLISHMENT.—(1) Not later than February

1, 2002, the Director of Central Intelligence shall, in consultation

with the Director of the Federal Bureau of Investigation, submit

to the appropriate committees of Congress a report on the establishment

and maintenance within the intelligence community of an

element for purposes of providing timely and accurate translations

of foreign intelligence for all other elements of the intelligence

community. In the report, the element shall be referred to as

the ‘‘National Virtual Translation Center’’.

(2) The report on the element described in paragraph (1) shall

discuss the use of state-of-the-art communications technology, the

integration of existing translation capabilities in the intelligence

community, and the utilization of remote-connection capacities so

as to minimize the need for a central physical facility for the

element.

(b) RESOURCES.—The report on the element required by subsection

(a) shall address the following:

(1) The assignment to the element of a staff of individuals

possessing a broad range of linguistic and translation skills

appropriate for the purposes of the element.

(2) The provision to the element of communications

capabilities and systems that are commensurate with the most

current and sophisticated communications capabilities and systems

available to other elements of intelligence community.

(3) The assurance, to the maximum extent practicable,

that the communications capabilities and systems provided to

the element will be compatible with communications capabilities

and systems utilized by the Federal Bureau of Investigation

in securing timely and accurate translations of foreign language

materials for law enforcement investigations.

(4) The development of a communications infrastructure

to ensure the efficient and secure use of the translation capabilities

of the element.

discussion of the creation of secure electronic communications

between the element described by subsection (a) and the other

elements of the intelligence community.

(d) DEFINITIONS.—In this section:

(1) FOREIGN INTELLIGENCE.—The term ‘‘foreign intelligence’’

has the meaning given that term in section 3(2) of

the National Security Act of 1947 (50 U.S.C. 401a(2)).

(2) ELEMENT OF THE INTELLIGENCE COMMUNITY.—The term

‘‘element of the intelligence community’’ means any element

Deadline.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00120 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 391

of the intelligence community specified or designated under

section 3(4) of the National Security Act of 1947 (50 U.S.C.

401a(4)).

SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION

AND USE OF FOREIGN INTELLIGENCE.

(a) PROGRAM REQUIRED.—The Attorney General shall, in consultation

with the Director of Central Intelligence, carry out a

program to provide appropriate training to officials described in

subsection (b) in order to assist such officials in—

(1) identifying foreign intelligence information in the course

of their duties; and

(2) utilizing foreign intelligence information in the course

of their duties, to the extent that the utilization of such information

is appropriate for such duties.

(b) OFFICIALS.—The officials provided training under subsection

(a) are, at the discretion of the Attorney General and the Director,

the following:

(1) Officials of the Federal Government who are not ordinarily

engaged in the collection, dissemination, and use of

foreign intelligence in the performance of their duties.

(2) Officials of State and local governments who encounter,

or may encounter in the course of a terrorist event, foreign

intelligence in the performance of their duties.

authorized to be appropriated for the Department of Justice such

sums as may be necessary for purposes of carrying out the program

required by subsection (a).

TITLE X—MISCELLANEOUS

SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE.

The Inspector General of the Department of Justice shall designate

one official who shall—

(1) review information and receive complaints alleging

abuses of civil rights and civil liberties by employees and officials

of the Department of Justice;

(2) make public through the Internet, radio, television,

and newspaper advertisements information on the responsibilities

and functions of, and how to contact, the official; and

(3) submit to the Committee on the Judiciary of the House

of Representatives and the Committee on the Judiciary of the

Senate on a semi-annual basis a report on the implementation

of this subsection and detailing any abuses described in paragraph

(1), including a description of the use of funds appropriations

used to carry out this subsection.

SEC. 1002. SENSE OF CONGRESS.

(a) FINDINGS.—Congress finds that—

(1) all Americans are united in condemning, in the

strongest possible terms, the terrorists who planned and carried

out the attacks against the United States on September 11,

2001, and in pursuing all those responsible for those attacks

and their sponsors until they are brought to justice;

(2) Sikh-Americans form a vibrant, peaceful, and lawabiding

part of America’s people;

Reports.

Public

information.

Internet.

5 USC app.

28 USC 509 note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00121 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

115 STAT. 392 PUBLIC LAW 107–56—OCT. 26, 2001

(3) approximately 500,000 Sikhs reside in the United States

and are a vital part of the Nation;

(4) Sikh-Americans stand resolutely in support of the

commitment of our Government to bring the terrorists and

those that harbor them to justice;

(5) the Sikh faith is a distinct religion with a distinct

religious and ethnic identity that has its own places of worship

and a distinct holy text and religious tenets;

(6) many Sikh-Americans, who are easily recognizable by

their turbans and beards, which are required articles of their

faith, have suffered both verbal and physical assaults as a

result of misguided anger toward Arab-Americans and Muslim-

Americans in the wake of the September 11, 2001 terrorist

attack;

(7) Sikh-Americans, as do all Americans, condemn acts

of prejudice against any American; and

(8) Congress is seriously concerned by the number of crimes

against Sikh-Americans and other Americans all across the

Nation that have been reported in the wake of the tragic

events that unfolded on September 11, 2001.

(b) SENSE OF CONGRESS.—Congress—

(1) declares that, in the quest to identify, locate, and bring

to justice the perpetrators and sponsors of the terrorist attacks

on the United States on September 11, 2001, the civil rights

and civil liberties of all Americans, including Sikh-Americans,

should be protected;

(2) condemns bigotry and any acts of violence or discrimination

against any Americans, including Sikh-Americans;

(3) calls upon local and Federal law enforcement authorities

to work to prevent crimes against all Americans, including

Sikh-Americans; and

(4) calls upon local and Federal law enforcement authorities

to prosecute to the fullest extent of the law all those who

commit crimes.

SEC. 1003. DEFINITION OF ‘‘ELECTRONIC SURVEILLANCE’’.

Section 101(f)(2) of the Foreign Intelligence Surveillance Act

(50 U.S.C. 1801(f)(2)) is amended by adding at the end before

the semicolon the following: ‘‘, but does not include the acquisition

of those communications of computer trespassers that would be

permissible under section 2511(2)(i) of title 18, United States Code’’.

SEC. 1004. VENUE IN MONEY LAUNDERING CASES.

Section 1956 of title 18, United States Code, is amended by

adding at the end the following:

‘‘(i) VENUE.—(1) Except as provided in paragraph (2), a prosecution

for an offense under this section or section 1957 may be

brought in—

‘‘(A) any district in which the financial or monetary transaction

is conducted; or

‘‘(B) any district where a prosecution for the underlying

specified unlawful activity could be brought, if the defendant

participated in the transfer of the proceeds of the specified

unlawful activity from that district to the district where the

financial or monetary transaction is conducted.

‘‘(2) A prosecution for an attempt or conspiracy offense under

this section or section 1957 may be brought in the district where

venue would lie for the completed offense under paragraph (1),

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00122 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 393

or in any other district where an act in furtherance of the attempt

or conspiracy took place.

‘‘(3) For purposes of this section, a transfer of funds from

1 place to another, by wire or any other means, shall constitute

a single, continuing transaction. Any person who conducts (as that

term is defined in subsection (c)(2)) any portion of the transaction

may be charged in any district in which the transaction takes

place.’’.

SEC. 1005. FIRST RESPONDERS ASSISTANCE ACT.

(a) GRANT AUTHORIZATION.—The Attorney General shall make

grants described in subsections (b) and (c) to States and units

of local government to improve the ability of State and local law

enforcement, fire department and first responders to respond to

and prevent acts of terrorism.

(b) TERRORISM PREVENTION GRANTS.—Terrorism prevention

grants under this subsection may be used for programs, projects,

and other activities to—

(1) hire additional law enforcement personnel dedicated

to intelligence gathering and analysis functions, including the

formation of full-time intelligence and analysis units;

(2) purchase technology and equipment for intelligence

gathering and analysis functions, including wire-tap, pen links,

cameras, and computer hardware and software;

(3) purchase equipment for responding to a critical incident,

including protective equipment for patrol officers such as quick

masks;

(4) purchase equipment for managing a critical incident,

such as communications equipment for improved interoperability

among surrounding jurisdictions and mobile command

posts for overall scene management; and

(5) fund technical assistance programs that emphasize

coordination among neighboring law enforcement agencies for

sharing resources, and resources coordination among law

enforcement agencies for combining intelligence gathering and

analysis functions, and the development of policy, procedures,

memorandums of understanding, and other best practices.

grants under this subsection may be used for programs, projects,

and other activities to address—

(1) intelligence gathering and analysis techniques;

(2) community engagement and outreach;

(3) critical incident management for all forms of terrorist

attack;

(4) threat assessment capabilities;

(5) conducting followup investigations; and

(6) stabilizing a community after a terrorist incident.

(d) APPLICATION.—

(1) IN GENERAL.—Each eligible entity that desires to receive

a grant under this section shall submit an application to the

Attorney General, at such time, in such manner, and accompanied

by such additional information as the Attorney General

may reasonably require.

(2) CONTENTS.—Each application submitted pursuant to

paragraph (1) shall—

(A) describe the activities for which assistance under

this section is sought; and

Intergovernmental

relations.

28 USC 509 note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00123 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

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

(B) provide such additional assurances as the Attorney

General determines to be essential to ensure compliance

with the requirements of this section.

(e) MINIMUM AMOUNT.—If all applications submitted by a State

or units of local government within that State have not been funded

under this section in any fiscal year, that State, if it qualifies,

and the units of local government within that State, shall receive

in that fiscal year not less than 0.5 percent of the total amount

appropriated in that fiscal year for grants under this section.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $25,000,000 for each of the fiscal years 2003

through 2007.

SEC. 1006. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY LAUNDERING.

(a) AMENDMENT TO IMMIGRATION AND NATIONALITY ACT.—Section

212(a)(2) of the Immigration and Nationality Act (8 U.S.C.

1182(a)(2)) is amended by adding at the end the following:

‘‘(I) MONEY LAUNDERING.—Any alien—

‘‘(i) who a consular officer or the Attorney General

knows, or has reason to believe, has engaged, is

engaging, or seeks to enter the United States to engage,

in an offense which is described in section 1956 or

1957 of title 18, United States Code (relating to laundering

of monetary instruments); or

‘‘(ii) who a consular officer or the Attorney General

knows is, or has been, a knowing aider, abettor,

assister, conspirator, or colluder with others in an

offense which is described in such section;

is inadmissible.’’.

(b) MONEY LAUNDERING WATCHLIST.—Not later than 90 days

after the date of the enactment of this Act, the Secretary of State

shall develop, implement, and certify to the Congress that there

has been established a money laundering watchlist, which identifies

individuals worldwide who are known or suspected of money laundering,

which is readily accessible to, and shall be checked by,

a consular or other Federal official prior to the issuance of a

visa or admission to the United States. The Secretary of State

shall develop and continually update the watchlist in cooperation

with the Attorney General, the Secretary of the Treasury, and

the Director of Central Intelligence.

SEC. 1007. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING

IN SOUTH AND CENTRAL ASIA.

In addition to amounts otherwise available to carry out section

481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291), there

is authorized to be appropriated to the President not less than

$5,000,000 for fiscal year 2002 for regional antidrug training in

the Republic of Turkey by the Drug Enforcement Administration

for police, as well as increased precursor chemical control efforts

in the South and Central Asia region.

Deadline.

Records.

Certification.

8 USC 1182 note.

VerDate 11-MAY-2000 19:15 Nov 05, 2001 Jkt 099139 PO 00056 Frm 00124 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL056.107 APPS24 PsN: PUBL056

PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 395

SEC. 1008. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER

SCANNING SYSTEM WITH ACCESS TO THE FBI

INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION

SYSTEM AT OVERSEAS CONSULAR POSTS AND

POINTS OF ENTRY TO THE UNITED STATES.

(a) IN GENERAL.—The Attorney General, in consultation with

the Secretary of State and the Secretary of Transportation, shall

conduct a study on the feasibility of utilizing a biometric identifier

(fingerprint) scanning system, with access to the database of the

Federal Bureau of Investigation Integrated Automated Fingerprint

Identification System, at consular offices abroad and at points of

entry into the United States to enhance the ability of State Department

and immigration officials to identify aliens who may be wanted