PUBLIC LAW 107–56—OCT. 26, 2001
UNITING AND STRENGTHENING AMERICA BY
PROVIDING APPROPRIATE TOOLS REQUIRED
TO INTERCEPT AND OBSTRUCT TERRORISM
(USA PATRIOT ACT) ACT OF 2001
115 STAT. 272 PUBLIC LAW 107–56—OCT. 26, 2001
Public Law 107–56
107th Congress
An Act
To deter and punish terrorist acts in the United States and around the world,
to enhance law enforcement investigatory tools, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled
,SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act
of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
TITLE I—ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and Muslim
Americans.
Sec. 103. Increased funding for the technical support center at the Federal Bureau
of Investigation.
Sec. 104. Requests for military assistance to enforce prohibition in certain emergencies.
Sec. 105. Expansion of National Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.
TITLE II—ENHANCED SURVEILLANCE PROCEDURES
Sec. 201. Authority to intercept wire, oral, and electronic communications relating
to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic communications relating
to computer fraud and abuse offenses.
Sec. 203. Authority to share criminal investigative information.
Sec. 204. Clarification of intelligence exceptions from limitations on interception
and disclosure of wire, oral, and electronic communications.
Sec. 205. Employment of translators by the Federal Bureau of Investigation.
Sec. 206. Roving surveillance authority under the Foreign Intelligence Surveillance
Act of 1978.
Sec. 207. Duration of FISA surveillance of non-United States persons who are
agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to warrants.
Sec. 210. Scope of subpoenas for records of electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic communications to protect life and
limb.
Sec. 213. Authority for delaying notice of the execution of a warrant.
Sec. 214. Pen register and trap and trace authority under FISA.
Sec. 215. Access to records and other items under the Foreign Intelligence Surveillance
Act.
Sec. 216. Modification of authorities relating to use of pen registers and trap and
trace devices.
18 USC 1 note.
Uniting and
Strengthening
America by
Providing
Appropriate
Tools Required to
Interrupt and
Obstruct
Terrorism (USA
PATRIOT ACT)
Act of 2001.
Oct. 26, 2001
[H.R. 3162]
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 273
Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.
Sec. 225. Immunity for compliance with FISA wiretap.
TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTITERRORIST
FINANCING ACT OF 2001
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional review; expedited consideration.
Subtitle A—International Counter Money Laundering and Related Measures
Sec. 311. Special measures for jurisdictions, financial institutions, or international
transactions of primary money laundering concern.
Sec. 312. Special due diligence for correspondent accounts and private banking accounts.
Sec. 313. Prohibition on United States correspondent accounts with foreign shell
banks.
Sec. 314. Cooperative efforts to deter money laundering.
Sec. 315. Inclusion of foreign corruption offenses as money laundering crimes.
Sec. 316. Anti-terrorist forfeiture protection.
Sec. 317. Long-arm jurisdiction over foreign money launderers.
Sec. 318. Laundering money through a foreign bank.
Sec. 319. Forfeiture of funds in United States interbank accounts.
Sec. 320. Proceeds of foreign crimes.
Sec. 321. Financial institutions specified in subchapter II of chapter 53 of title 31,
United States code.
Sec. 322. Corporation represented by a fugitive.
Sec. 323. Enforcement of foreign judgments.
Sec. 324. Report and recommendation.
Sec. 325. Concentration accounts at financial institutions.
Sec. 326. Verification of identification.
Sec. 327. Consideration of anti-money laundering record.
Sec. 328. International cooperation on identification of originators of wire transfers.
Sec. 329. Criminal penalties.
Sec. 330. International cooperation in investigations of money laundering, financial
crimes, and the finances of terrorist groups.
Subtitle B—Bank Secrecy Act Amendments and Related Improvements
Sec. 351. Amendments relating to reporting of suspicious activities.
Sec. 352. Anti-money laundering programs.
Sec. 353. Penalties for violations of geographic targeting orders and certain recordkeeping
requirements, and lengthening effective period of geographic
targeting orders.
Sec. 354. Anti-money laundering strategy.
Sec. 355. Authorization to include suspicions of illegal activity in written employment
references.
Sec. 356. Reporting of suspicious activities by securities brokers and dealers; investment
company study.
Sec. 357. Special report on administration of bank secrecy provisions.
Sec. 358. Bank secrecy provisions and activities of United States intelligence agencies
to fight international terrorism.
Sec. 359. Reporting of suspicious activities by underground banking systems.
Sec. 360. Use of authority of United States Executive Directors.
Sec. 361. Financial crimes enforcement network.
Sec. 362. Establishment of highly secure network.
Sec. 363. Increase in civil and criminal penalties for money laundering.
Sec. 364. Uniform protection authority for Federal Reserve facilities.
Sec. 365. Reports relating to coins and currency received in nonfinancial trade or
business.
Sec. 366. Efficient use of currency transaction report system.
Subtitle C—Currency Crimes and Protection
Sec. 371. Bulk cash smuggling into or out of the United States.
Sec. 372. Forfeiture in currency reporting cases.
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115 STAT. 274 PUBLIC LAW 107–56—OCT. 26, 2001
Sec. 373. Illegal money transmitting businesses.
Sec. 374. Counterfeiting domestic currency and obligations.
Sec. 375. Counterfeiting foreign currency and obligations.
Sec. 376. Laundering the proceeds of terrorism.
Sec. 377. Extraterritorial jurisdiction.
TITLE IV—PROTECTING THE BORDER
Subtitle A—Protecting the Northern Border
Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain identifying information
in the criminal history records of visa applicants and applicants
for admission to the United States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification system for
ports of entry and overseas consular posts.
Subtitle B—Enhanced Immigration Provisions
Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus; judicial review.
Sec. 413. Multilateral cooperation against terrorists.
Sec. 414. Visa integrity and security.
Sec. 415. Participation of Office of Homeland Security on Entry-Exit Task Force.
Sec. 416. Foreign student monitoring program.
Sec. 417. Machine readable passports.
Sec. 418. Prevention of consulate shopping.
Subtitle C—Preservation of Immigration Benefits for Victims of Terrorism
Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and children.
Sec. 424. ‘‘Age-out’’ protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.
TITLE V—REMOVING OBSTACLES TO INVESTIGATING TERRORISM
Sec. 501. Attorney General’s authority to pay rewards to combat terrorism.
Sec. 502. Secretary of State’s authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.
TITLE VI—PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY
OFFICERS, AND THEIR FAMILIES
Subtitle A—Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers involved in the prevention,
investigation, rescue, or recovery efforts related to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for heroic public
safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
Subtitle B—Amendments to the Victims of Crime Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII—INCREASED INFORMATION SHARING FOR CRITICAL
INFRASTRUCTURE PROTECTION
Sec. 701. Expansion of regional information sharing system to facilitate Federal-
State-local law enforcement response related to terrorist attacks.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 275
TITLE VIII—STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM
Sec. 801. Terrorist attacks and other acts of violence against mass transportation
systems.
Sec. 802. Definition of domestic terrorism.
Sec. 803. Prohibition against harboring terrorists.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material support to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving records in response
to Government requests.
Sec. 816. Development and support of cybersecurity forensic capabilities.
Sec. 817. Expansion of the biological weapons statute.
TITLE IX—IMPROVED INTELLIGENCE
Sec. 901. Responsibilities of Director of Central Intelligence regarding foreign intelligence
collected under Foreign Intelligence Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope of foreign intelligence
under National Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and maintenance of intelligence
relationships to acquire information on terrorists and terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports on intelligence
and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign intelligence-related
information with respect to criminal investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and use of foreign
intelligence.
TITLE X—MISCELLANEOUS
Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of ‘‘electronic surveillance’’.
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in money laundering.
Sec. 1007. Authorization of funds for dea police training in south and central asia.
Sec. 1008. Feasibility study on use of biometric identifier scanning system with access
to the fbi integrated automated fingerprint identification system at
overseas consular posts and points of entry to the United States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority to contract with local and State governments for
performance of security functions at United States military installations.
Sec. 1011. Crimes against charitable americans.
Sec. 1012. Limitation on issuance of hazmat licenses.
Sec. 1013. Expressing the sense of the senate concerning the provision of funding
for bioterrorism preparedness and response.
Sec. 1014. Grant program for State and local domestic preparedness support.
Sec. 1015. Expansion and reauthorization of the crime identification technology act
for antiterrorism grants to States and localities.
Sec. 1016. Critical infrastructures protection.
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable
by its terms, or as applied to any person or circumstance, shall
be construed so as to give it the maximum effect permitted by
law, unless such holding shall be one of utter invalidity or
unenforceability, in which event such provision shall be deemed
18 USC 1 note.
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115 STAT. 276 PUBLIC LAW 107–56—OCT. 26, 2001
severable from this Act and shall not affect the remainder thereof
or the application of such provision to other persons not similarly
situated or to other, dissimilar circumstances.
TITLE I—ENHANCING DOMESTIC
SECURITY AGAINST TERRORISM
SEC. 101. COUNTERTERRORISM FUND.
(a) ESTABLISHMENT; AVAILABILITY.—There is hereby established
in the Treasury of the United States a separate fund to be known
as the ‘‘Counterterrorism Fund’’, amounts in which shall remain
available without fiscal year limitation—
(1) to reimburse any Department of Justice component
for any costs incurred in connection with—
(A) reestablishing the operational capability of an office
or facility that has been damaged or destroyed as the
result of any domestic or international terrorism incident;
(B) providing support to counter, investigate, or prosecute
domestic or international terrorism, including, without
limitation, paying rewards in connection with these
activities; and
(C) conducting terrorism threat assessments of Federal
agencies and their facilities; and
(2) to reimburse any department or agency of the Federal
Government for any costs incurred in connection with detaining
in foreign countries individuals accused of acts of terrorism
that violate the laws of the United States.
(b) NO EFFECT ON PRIOR APPROPRIATIONS.—Subsection (a) shall
not be construed to affect the amount or availability of any appropriation
to the Counterterrorism Fund made before the date of
the enactment of this Act.
SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION
AGAINST ARAB AND MUSLIM AMERICANS.
(a) FINDINGS.—Congress makes the following findings:
(1) Arab Americans, Muslim Americans, and Americans
from South Asia play a vital role in our Nation and are entitled
to nothing less than the full rights of every American.
(2) The acts of violence that have been taken against Arab
and Muslim Americans since the September 11, 2001, attacks
against the United States should be and are condemned by
all Americans who value freedom.
(3) The concept of individual responsibility for wrongdoing
is sacrosanct in American society, and applies equally to all
religious, racial, and ethnic groups.
(4) When American citizens commit acts of violence against
those who are, or are perceived to be, of Arab or Muslim
descent, they should be punished to the full extent of the
law.
(5) Muslim Americans have become so fearful of harassment
that many Muslim women are changing the way they
dress to avoid becoming targets.
(6) Many Arab Americans and Muslim Americans have
acted heroically during the attacks on the United States,
including Mohammed Salman Hamdani, a 23-year-old New
Yorker of Pakistani descent, who is believed to have gone
28 USC 524 note.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 277
to the World Trade Center to offer rescue assistance and is
now missing.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the civil rights and civil liberties of all Americans,
including Arab Americans, Muslim Americans, and Americans
from South Asia, must be protected, and that every effort
must be taken to preserve their safety;
(2) any acts of violence or discrimination against any
Americans be condemned; and
(3) the Nation is called upon to recognize the patriotism
of fellow citizens from all ethnic, racial, and religious backgrounds.
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT
CENTER AT THE FEDERAL BUREAU OF INVESTIGATION.
There are authorized to be appropriated for the Technical Support
Center established in section 811 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104–132) to help
meet the demands for activities to combat terrorism and support
and enhance the technical support and tactical operations of the
FBI, $200,000,000 for each of the fiscal years 2002, 2003, and
2004.
SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE
PROHIBITION IN CERTAIN EMERGENCIES.
Section 2332e of title 18, United States Code, is amended—
(1) by striking ‘‘2332c’’ and inserting ‘‘2332a’’; and
(2) by striking ‘‘chemical’’.
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE
INITIATIVE.
The Director of the United States Secret Service shall take
appropriate actions to develop a national network of electronic
crime task forces, based on the New York Electronic Crimes Task
Force model, throughout the United States, for the purpose of
preventing, detecting, and investigating various forms of electronic
crimes, including potential terrorist attacks against critical infrastructure
and financial payment systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers Act (50
U.S.C. 1702) is amended—
(1) in subsection (a)(1)—
(A) at the end of subparagraph (A) (flush to that
subparagraph), by striking ‘‘; and’’ and inserting a comma
and the following:
‘‘by any person, or with respect to any property, subject to
the jurisdiction of the United States;’’;
(B) in subparagraph (B)—
(i) by inserting ‘‘, block during the pendency of
an investigation’’ after ‘‘investigate’’; and
(ii) by striking ‘‘interest;’’ and inserting ‘‘interest
by any person, or with respect to any property, subject
to the jurisdiction of the United States; and’’;
(C) by striking ‘‘by any person, or with respect to
any property, subject to the jurisdiction of the United
States‘; and
(D) by inserting at the end the following:
18 USC 3056
note.
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115 STAT. 278 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(C) when the United States is engaged in armed hostilities
or has been attacked by a foreign country or foreign
nationals, confiscate any property, subject to the jurisdiction
of the United States, of any foreign person, foreign
organization, or foreign country that he determines has
planned, authorized, aided, or engaged in such hostilities
or attacks against the United States; and all right, title,
and interest in any property so confiscated shall vest, when,
as, and upon the terms directed by the President, in such
agency or person as the President may designate from
time to time, and upon such terms and conditions as the
President may prescribe, such interest or property shall
be held, used, administered, liquidated, sold, or otherwise
dealt with in the interest of and for the benefit of the
United States, and such designated agency or person may
perform any and all acts incident to the accomplishment
or furtherance of these purposes.’’; and
(2) by inserting at the end the following:
‘‘(c) CLASSIFIED INFORMATION.—In any judicial review of a
determination made under this section, if the determination was
based on classified information (as defined in section 1(a) of the
Classified Information Procedures Act) such information may be
submitted to the reviewing court ex parte and in camera. This
subsection does not confer or imply any right to judicial review.’’.
TITLE II—ENHANCED SURVEILLANCE
PROCEDURES
SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO TERRORISM.
Section 2516(1) of title 18, United States Code, is amended—
(1) by redesignating paragraph (p), as so redesignated by
section 434(2) of the Antiterrorism and Effective Death Penalty
Act of 1996 (Public Law 104–132; 110 Stat. 1274), as paragraph
(r); and
(2) by inserting after paragraph (p), as so redesignated
by section 201(3) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104–208; 110 Stat. 3009–565), the following new paragraph:
‘‘(q) any criminal violation of section 229 (relating to chemical
weapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B
of this title (relating to terrorism); or’’.
SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO COMPUTER FRAUD
AND ABUSE OFFENSES.
Section 2516(1)(c) of title 18, United States Code, is amended
by striking ‘‘and section 1341 (relating to mail fraud),’’ and inserting
‘‘section 1341 (relating to mail fraud), a felony violation of section
1030 (relating to computer fraud and abuse),’’.
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.
(a) AUTHORITY TO SHARE GRAND JURY INFORMATION.—
18 USC app.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 279
(1) IN GENERAL.—Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure is amended to read as follows:
‘‘(C)(i) Disclosure otherwise prohibited by this rule of
matters occurring before the grand jury may also be made—
‘‘(I) when so directed by a court preliminarily to
or in connection with a judicial proceeding;
‘‘(II) when permitted by a court at the request
of the defendant, upon a showing that grounds may
exist for a motion to dismiss the indictment because
of matters occurring before the grand jury;
‘‘(III) when the disclosure is made by an attorney
for the government to another Federal grand jury;
‘‘(IV) when permitted by a court at the request
of an attorney for the government, upon a showing
that such matters may disclose a violation of State
criminal law, to an appropriate official of a State or
subdivision of a State for the purpose of enforcing
such law; or
‘‘(V) when the matters involve foreign intelligence
or counterintelligence (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)), or
foreign intelligence information (as defined in clause
(iv) of this subparagraph), to any Federal law enforcement,
intelligence, protective, immigration, national
defense, or national security official in order to assist
the official receiving that information in the performance
of his official duties.
‘‘(ii) If the court orders disclosure of matters occurring
before the grand jury, the disclosure shall be made in
such manner, at such time, and under such conditions
as the court may direct.
‘‘(iii) Any Federal official to whom information is disclosed
pursuant to clause (i)(V) of this subparagraph may
use that information only as necessary in the conduct of
that person’s official duties subject to any limitations on
the unauthorized disclosure of such information. Within
a reasonable time after such disclosure, an attorney for
the government shall file under seal a notice with the
court stating the fact that such information was disclosed
and the departments, agencies, or entities to which the
disclosure was made.
‘‘(iv) In clause (i)(V) of this subparagraph, the term
‘foreign intelligence information’ means—
‘‘(I) information, whether or not concerning a
United States person, that relates to the ability of
the United States to protect against—
‘‘(aa) actual or potential attack or other grave
hostile acts of a foreign power or an agent of
a foreign power;
‘‘(bb) sabotage or international terrorism by
a foreign power or an agent of a foreign power;
or
‘‘(cc) clandestine intelligence activities by an
intelligence service or network of a foreign power
or by an agent of foreign power; or
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115 STAT. 280 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(II) information, whether or not concerning a
United States person, with respect to a foreign power
or foreign territory that relates to—
‘‘(aa) the national defense or the security of
the United States; or
‘‘(bb) the conduct of the foreign affairs of the
United States.’’.
(2) CONFORMING AMENDMENT.—Rule 6(e)(3)(D) of the Federal
Rules of Criminal Procedure is amended by striking
‘‘(e)(3)(C)(i)’’ and inserting ‘‘(e)(3)(C)(i)(I)’’.
(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION
INFORMATION.—
(1) LAW ENFORCEMENT.—Section 2517 of title 18, United
States Code, is amended by inserting at the end the following:
‘‘(6) Any investigative or law enforcement officer, or attorney
for the Government, who by any means authorized by this chapter,
has obtained knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may disclose
such contents to any other Federal law enforcement, intelligence,
protective, immigration, national defense, or national security official
to the extent that such contents include foreign intelligence
or counterintelligence (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information
(as defined in subsection (19) of section 2510 of this title), to
assist the official who is to receive that information in the performance
of his official duties. Any Federal official who receives information
pursuant to this provision may use that information only
as necessary in the conduct of that person’s official duties subject
to any limitations on the unauthorized disclosure of such information.’’.
(2) DEFINITION.—Section 2510 of title 18, United States
Code, is amended by—
(A) in paragraph (17), by striking ‘‘and’’ after the semicolon;
(B) in paragraph (18), by striking the period and
inserting ‘‘; and’’; and
(C) by inserting at the end the following:
‘‘(19) ‘foreign intelligence information’ means—
‘‘(A) information, whether or not concerning a United
States person, that relates to the ability of the United
States to protect against—
‘‘(i) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
‘‘(ii) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
‘‘(iii) clandestine intelligence activities by an intelligence
service or network of a foreign power or by
an agent of a foreign power; or
‘‘(B) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to—
‘‘(i) the national defense or the security of the
United States; or
‘‘(ii) the conduct of the foreign affairs of the United
States.’’.
(c) PROCEDURES.—The Attorney General shall establish procedures
for the disclosure of information pursuant to section 2517(6)
18 USC 2517
note.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 281
and Rule 6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure
that identifies a United States person, as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801)).
(d) FOREIGN INTELLIGENCE INFORMATION.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, it shall be lawful for foreign intelligence or counterintelligence
(as defined in section 3 of the National Security Act
of 1947 (50 U.S.C. 401a)) or foreign intelligence information
obtained as part of a criminal investigation to be disclosed
to any Federal law enforcement, intelligence, protective,
immigration, national defense, or national security official in
order to assist the official receiving that information in the
performance of his official duties. Any Federal official who
receives information pursuant to this provision may use that
information only as necessary in the conduct of that person’s
official duties subject to any limitations on the unauthorized
disclosure of such information.
(2) DEFINITION.—In this subsection, the term ‘‘foreign intelligence
information’’ means—
(A) information, whether or not concerning a United
States person, that relates to the ability of the United
States to protect against—
(i) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
(ii) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
(iii) clandestine intelligence activities by an intelligence
service or network of a foreign power or by
an agent of a foreign power; or
(B) information, whether or not concerning a United
States person, with respect to a foreign power or foreign
territory that relates to—
(i) the national defense or the security of the
United States; or
(ii) the conduct of the foreign affairs of the United
States.
SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM
LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF
WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.
Section 2511(2)(f) of title 18, United States Code, is amended—
(1) by striking ‘‘this chapter or chapter 121’’ and inserting
‘‘this chapter or chapter 121 or 206 of this title’’; and
(2) by striking ‘‘wire and oral’’ and inserting ‘‘wire, oral,
and electronic’’.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU
OF INVESTIGATION.
(a) AUTHORITY.—The Director of the Federal Bureau of Investigation
is authorized to expedite the employment of personnel
as translators to support counterterrorism investigations and operations
without regard to applicable Federal personnel requirements
and limitations.
(b) SECURITY REQUIREMENTS.—The Director of the Federal
Bureau of Investigation shall establish such security requirements
as are necessary for the personnel employed as translators under
subsection (a).
28 USC 532 note.
50 USC 403–5d.
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115 STAT. 282 PUBLIC LAW 107–56—OCT. 26, 2001
(c) REPORT.—The Attorney General shall report to the Committees
on the Judiciary of the House of Representatives and the
Senate on—
(1) the number of translators employed by the FBI and
other components of the Department of Justice;
(2) any legal or practical impediments to using translators
employed by other Federal, State, or local agencies, on a full,
part-time, or shared basis; and
(3) the needs of the FBI for specific translation services
in certain languages, and recommendations for meeting those
needs.
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting ‘‘,
or in circumstances where the Court finds that the actions of
the target of the application may have the effect of thwarting
the identification of a specified person, such other persons,’’ after
‘‘specified person’’.
SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES
PERSONS WHO ARE AGENTS OF A FOREIGN POWER.
(a) DURATION.—
(1) SURVEILLANCE.—Section 105(e)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is
amended by—
(A) inserting ‘‘(A)’’ after ‘‘except that’’; and
(B) inserting before the period the following: ‘‘, and
(B) an order under this Act for a surveillance targeted
against an agent of a foreign power, as defined in section
101(b)(1)(A) may be for the period specified in the application
or for 120 days, whichever is less’’.
(2) PHYSICAL SEARCH.—Section 304(d)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended
by—
(A) striking ‘‘forty-five’’ and inserting ‘‘90’’;
(B) inserting ‘‘(A)’’ after ‘‘except that’’; and
(C) inserting before the period the following: ‘‘, and (B)
an order under this section for a physical search targeted
against an agent of a foreign power as defined in section
101(b)(1)(A) may be for the period specified in the application
or for 120 days, whichever is less’’.
(b) EXTENSION.—
(1) IN GENERAL.—Section 105(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is
amended by—
(A) inserting ‘‘(A)’’ after ‘‘except that’’; and
(B) inserting before the period the following: ‘‘, and
(B) an extension of an order under this Act for a surveillance
targeted against an agent of a foreign power as
defined in section 101(b)(1)(A) may be for a period not
to exceed 1 year’’.
(2) DEFINED TERM.—Section 304(d)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1824(d)(2) is
amended by inserting after ‘‘not a United States person,’’ the
following: ‘‘or against an agent of a foreign power as defined
in section 101(b)(1)(A),’’.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 283
SEC. 208. DESIGNATION OF JUDGES.
Section 103(a) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1803(a)) is amended by—
(1) striking ‘‘seven district court judges’’ and inserting ‘‘11
district court judges’’; and
(2) inserting ‘‘of whom no fewer than 3 shall reside within
20 miles of the District of Columbia’’ after ‘‘circuits’’.
SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO WARRANTS.
Title 18, United States Code, is amended—
(1) in section 2510—
(A) in paragraph (1), by striking beginning with ‘‘and
such’’ and all that follows through ‘‘communication’’; and
(B) in paragraph (14), by inserting ‘‘wire or’’ after
‘‘transmission of’’; and
(2) in subsections (a) and (b) of section 2703—
(A) by striking ‘‘CONTENTS OF ELECTRONIC’’ and
inserting ‘‘CONTENTS OF WIRE OR ELECTRONIC’’ each place
it appears;
(B) by striking ‘‘contents of an electronic’’ and inserting
‘‘contents of a wire or electronic’’ each place it appears;
and
(C) by striking ‘‘any electronic’’ and inserting ‘‘any wire
or electronic’’ each place it appears.
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC
COMMUNICATIONS.
Section 2703(c)(2) of title 18, United States Code, as redesignated
by section 212, is amended—
(1) by striking ‘‘entity the name, address, local and long
distance telephone toll billing records, telephone number or
other subscriber number or identity, and length of service of
a subscriber’’ and inserting the following: ‘‘entity the—
‘‘(A) name;
‘‘(B) address;
‘‘(C) local and long distance telephone connection records,
or records of session times and durations;
‘‘(D) length of service (including start date) and types of
service utilized;
‘‘(E) telephone or instrument number or other subscriber
number or identity, including any temporarily assigned network
address; and
‘‘(F) means and source of payment for such service
(including any credit card or bank account number),
of a subscriber’’; and
(2) by striking ‘‘and the types of services the subscriber
or customer utilized,’’.
SEC. 211. CLARIFICATION OF SCOPE.
Section 631 of the Communications Act of 1934 (47 U.S.C.
551) is amended—
(1) in subsection (c)(2)—
(A) in subparagraph (B), by striking ‘‘or’’;
(B) in subparagraph (C), by striking the period at
the end and inserting ‘‘; or’’; and
(C) by inserting at the end the following:
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115 STAT. 284 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(D) to a government entity as authorized under chapters
119, 121, or 206 of title 18, United States Code, except that
such disclosure shall not include records revealing cable subscriber
selection of video programming from a cable operator.’’;
and
(2) in subsection (h), by striking ‘‘A governmental entity’’
and inserting ‘‘Except as provided in subsection (c)(2)(D), a
governmental entity’’.
SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS
TO PROTECT LIFE AND LIMB.
(a) DISCLOSURE OF CONTENTS.—
(1) IN GENERAL.—Section 2702 of title 18, United States
Code, is amended—
(A) by striking the section heading and inserting the
following:
‘‘§ 2702. Voluntary disclosure of customer communications
or records’’;
(B) in subsection (a)—
(i) in paragraph (2)(A), by striking ‘‘and’’ at the
end;
(ii) in paragraph (2)(B), by striking the period and
inserting ‘‘; and’’; and
(iii) by inserting after paragraph (2) the following:
‘‘(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly divulge
a record or other information pertaining to a subscriber to
or customer of such service (not including the contents of
communications covered by paragraph (1) or (2)) to any governmental
entity.’’;
(C) in subsection (b), by striking ‘‘EXCEPTIONS.—A person
or entity’’ and inserting ‘‘EXCEPTIONS FOR DISCLOSURE
OF COMMUNICATIONS.— A provider described in subsection
(a)’’;
(D) in subsection (b)(6)—
(i) in subparagraph (A)(ii), by striking ‘‘or’’;
(ii) in subparagraph (B), by striking the period
and inserting ‘‘; or’’; and
(iii) by adding after subparagraph (B) the following:
‘‘(C) if the provider reasonably believes that an emergency
involving immediate danger of death or serious physical
injury to any person requires disclosure of the information
without delay.’’; and
(E) by inserting after subsection (b) the following:
‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS.—
A provider described in subsection (a) may divulge a record or
other information pertaining to a subscriber to or customer of
such service (not including the contents of communications covered
by subsection (a)(1) or (a)(2))—
‘‘(1) as otherwise authorized in section 2703;
‘‘(2) with the lawful consent of the customer or subscriber;
‘‘(3) as may be necessarily incident to the rendition of
the service or to the protection of the rights or property of
the provider of that service;
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 285
‘‘(4) to a governmental entity, if the provider reasonably
believes that an emergency involving immediate danger of
death or serious physical injury to any person justifies disclosure
of the information; or
‘‘(5) to any person other than a governmental entity.’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for chapter 121 of title 18, United States Code,
is amended by striking the item relating to section 2702 and
inserting the following:
‘‘2702. Voluntary disclosure of customer communications or records.’’.
(b) REQUIREMENTS FOR GOVERNMENT ACCESS.—
(1) IN GENERAL.—Section 2703 of title 18, United States
Code, is amended—
(A) by striking the section heading and inserting the
following:
‘‘§ 2703. Required disclosure of customer communications or
records’’;
(B) in subsection (c) by redesignating paragraph (2)
as paragraph (3);
(C) in subsection (c)(1)—
(i) by striking ‘‘(A) Except as provided in subparagraph
(B), a provider of electronic communication
service or remote computing service may’’ and inserting
‘‘A governmental entity may require a provider of electronic
communication service or remote computing
service to’’;
(ii) by striking ‘‘covered by subsection (a) or (b)
of this section) to any person other than a governmental
entity.
‘‘(B) A provider of electronic communication service
or remote computing service shall disclose a record or other
information pertaining to a subscriber to or customer of
such service (not including the contents of communications
covered by subsection (a) or (b) of this section) to a governmental
entity’’ and inserting ‘‘)’’;
(iii) by redesignating subparagraph (C) as paragraph
(2);
(iv) by redesignating clauses (i), (ii), (iii), and (iv)
as subparagraphs (A), (B), (C), and (D), respectively;
(v) in subparagraph (D) (as redesignated) by
striking the period and inserting ‘‘; or’’; and
(vi) by inserting after subparagraph (D) (as
redesignated) the following:
‘‘(E) seeks information under paragraph (2).’’; and
(D) in paragraph (2) (as redesignated) by striking
‘‘subparagraph (B)’’ and insert ‘‘paragraph (1)’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for chapter 121 of title 18, United States Code,
is amended by striking the item relating to section 2703 and
inserting the following:
‘‘2703. Required disclosure of customer communications or records.’’.
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF
A WARRANT.
Section 3103a of title 18, United States Code, is amended—
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115 STAT. 286 PUBLIC LAW 107–56—OCT. 26, 2001
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In addition’’;
and
(2) by adding at the end the following:
‘‘(b) DELAY.—With respect to the issuance of any warrant or
court order under this section, or any other rule of law, to search
for and seize any property or material that constitutes evidence
of a criminal offense in violation of the laws of the United States,
any notice required, or that may be required, to be given may
be delayed if—
‘‘(1) the court finds reasonable cause to believe that providing
immediate notification of the execution of the warrant
may have an adverse result (as defined in section 2705);
‘‘(2) the warrant prohibits the seizure of any tangible property,
any wire or electronic communication (as defined in section
2510), or, except as expressly provided in chapter 121, any
stored wire or electronic information, except where the court
finds reasonable necessity for the seizure; and
‘‘(3) the warrant provides for the giving of such notice
within a reasonable period of its execution, which period may
thereafter be extended by the court for good cause shown.’’.
SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER
FISA.
(a) APPLICATIONS AND ORDERS.—Section 402 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended—
(1) in subsection (a)(1), by striking ‘‘for any investigation
to gather foreign intelligence information or information concerning
international terrorism’’ and inserting ‘‘for any investigation
to obtain foreign intelligence information not concerning
a United States person or to protect against international
terrorism or clandestine intelligence activities, provided
that such investigation of a United States person is
not conducted solely upon the basis of activities protected by
the first amendment to the Constitution’’;
(2) by amending subsection (c)(2) to read as follows:
‘‘(2) a certification by the applicant that the information
likely to be obtained is foreign intelligence information not
concerning a United States person or is relevant to an ongoing
investigation to protect against international terrorism or clandestine
intelligence activities, provided that such investigation
of a United States person is not conducted solely upon the
basis of activities protected by the first amendment to the
Constitution.’’;
(3) by striking subsection (c)(3); and
(4) by amending subsection (d)(2)(A) to read as follows:
‘‘(A) shall specify—
‘‘(i) the identity, if known, of the person who is
the subject of the investigation;
‘‘(ii) the identity, if known, of the person to whom
is leased or in whose name is listed the telephone
line or other facility to which the pen register or trap
and trace device is to be attached or applied;
‘‘(iii) the attributes of the communications to which
the order applies, such as the number or other identifier,
and, if known, the location of the telephone line
or other facility to which the pen register or trap
and trace device is to be attached or applied and,
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 287
in the case of a trap and trace device, the geographic
limits of the trap and trace order.’’.
(b) AUTHORIZATION DURING EMERGENCIES.—Section 403 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is
amended—
(1) in subsection (a), by striking ‘‘foreign intelligence
information or information concerning international terrorism’’
and inserting ‘‘foreign intelligence information not concerning
a United States person or information to protect against international
terrorism or clandestine intelligence activities, provided
that such investigation of a United States person is
not conducted solely upon the basis of activities protected by
the first amendment to the Constitution’’; and
(2) in subsection (b)(1), by striking ‘‘foreign intelligence
information or information concerning international terrorism’’
and inserting ‘‘foreign intelligence information not concerning
a United States person or information to protect against international
terrorism or clandestine intelligence activities, provided
that such investigation of a United States person is
not conducted solely upon the basis of activities protected by
the first amendment to the Constitution’’.
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861 et seq.) is amended by striking sections 501 through
503 and inserting the following:
‘‘SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
‘‘(a)(1) The Director of the Federal Bureau of Investigation
or a designee of the Director (whose rank shall be no lower than
Assistant Special Agent in Charge) may make an application for
an order requiring the production of any tangible things (including
books, records, papers, documents, and other items) for an investigation
to protect against international terrorism or clandestine intelligence
activities, provided that such investigation of a United
States person is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution.
‘‘(2) An investigation conducted under this section shall—
‘‘(A) be conducted under guidelines approved by the
Attorney General under Executive Order 12333 (or a successor
order); and
‘‘(B) not be conducted of a United States person solely
upon the basis of activities protected by the first amendment
to the Constitution of the United States.
‘‘(b) Each application under this section—
‘‘(1) shall be made to—
‘‘(A) a judge of the court established by section 103(a);
or
‘‘(B) a United States Magistrate Judge under chapter
43 of title 28, United States Code, who is publicly designated
by the Chief Justice of the United States to have
the power to hear applications and grant orders for the
production of tangible things under this section on behalf
of a judge of that court; and
50 USC 1861.
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115 STAT. 288 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(2) shall specify that the records concerned are sought
for an authorized investigation conducted in accordance with
subsection (a)(2) to obtain foreign intelligence information not
concerning a United States person or to protect against international
terrorism or clandestine intelligence activities.
‘‘(c)(1) Upon an application made pursuant to this section, the
judge shall enter an ex parte order as requested, or as modified,
approving the release of records if the judge finds that the application
meets the requirements of this section.
‘‘(2) An order under this subsection shall not disclose that
it is issued for purposes of an investigation described in subsection
(a).
‘‘(d) No person shall disclose to any other person (other than
those persons necessary to produce the tangible things under this
section) that the Federal Bureau of Investigation has sought or
obtained tangible things under this section.
‘‘(e) A person who, in good faith, produces tangible things
under an order pursuant to this section shall not be liable to
any other person for such production. Such production shall not
be deemed to constitute a waiver of any privilege in any other
proceeding or context.
‘‘SEC. 502. CONGRESSIONAL OVERSIGHT.
‘‘(a) On a semiannual basis, the Attorney General shall fully
inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate concerning all requests for the production of tangible
things under section 402.
‘‘(b) On a semiannual basis, the Attorney General shall provide
to the Committees on the Judiciary of the House of Representatives
and the Senate a report setting forth with respect to the preceding
6-month period—
‘‘(1) the total number of applications made for orders
approving requests for the production of tangible things under
section 402; and
‘‘(2) the total number of such orders either granted, modified,
or denied.’’.
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN
REGISTERS AND TRAP AND TRACE DEVICES.
(a) GENERAL LIMITATIONS.—Section 3121(c) of title 18, United
States Code, is amended—
(1) by inserting ‘‘or trap and trace device’’ after ‘‘pen register’’;
(2) by inserting ‘‘, routing, addressing,’’ after ‘‘dialing’’; and
(3) by striking ‘‘call processing’’ and inserting ‘‘the processing
and transmitting of wire or electronic communications
so as not to include the contents of any wire or electronic
communications’’.
(b) ISSUANCE OF ORDERS.—
(1) IN GENERAL.—Section 3123(a) of title 18, United States
Code, is amended to read as follows:
‘‘(a) IN GENERAL.—
‘‘(1) ATTORNEY FOR THE GOVERNMENT.—Upon an application
made under section 3122(a)(1), the court shall enter an
ex parte order authorizing the installation and use of a pen
register or trap and trace device anywhere within the United
States, if the court finds that the attorney for the Government
50 USC 1862.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 289
has certified to the court that the information likely to be
obtained by such installation and use is relevant to an ongoing
criminal investigation. The order, upon service of that order,
shall apply to any person or entity providing wire or electronic
communication service in the United States whose assistance
may facilitate the execution of the order. Whenever such an
order is served on any person or entity not specifically named
in the order, upon request of such person or entity, the attorney
for the Government or law enforcement or investigative officer
that is serving the order shall provide written or electronic
certification that the order applies to the person or entity
being served.
‘‘(2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER.—
Upon an application made under section 3122(a)(2), the court
shall enter an ex parte order authorizing the installation and
use of a pen register or trap and trace device within the
jurisdiction of the court, if the court finds that the State law
enforcement or investigative officer has certified to the court
that the information likely to be obtained by such installation
and use is relevant to an ongoing criminal investigation.
‘‘(3)(A) Where the law enforcement agency implementing
an ex parte order under this subsection seeks to do so by
installing and using its own pen register or trap and trace
device on a packet-switched data network of a provider of
electronic communication service to the public, the agency shall
ensure that a record will be maintained which will identify—
‘‘(i) any officer or officers who installed the device
and any officer or officers who accessed the device to obtain
information from the network;
‘‘(ii) the date and time the device was installed, the
date and time the device was uninstalled, and the date,
time, and duration of each time the device is accessed
to obtain information;
‘‘(iii) the configuration of the device at the time of
its installation and any subsequent modification thereof;
and
‘‘(iv) any information which has been collected by the
device.
To the extent that the pen register or trap and trace device
can be set automatically to record this information electronically,
the record shall be maintained electronically throughout
the installation and use of such device.
‘‘(B) The record maintained under subparagraph (A) shall
be provided ex parte and under seal to the court which entered
the ex parte order authorizing the installation and use of the
device within 30 days after termination of the order (including
any extensions thereof).’’.
(2) CONTENTS OF ORDER.—Section 3123(b)(1) of title 18,
United States Code, is amended—
(A) in subparagraph (A)—
(i) by inserting ‘‘or other facility’’ after ‘‘telephone
line’’; and
(ii) by inserting before the semicolon at the end
‘‘or applied’’; and
(B) by striking subparagraph (C) and inserting the
following:
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115 STAT. 290 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(C) the attributes of the communications to which
the order applies, including the number or other identifier
and, if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied, and, in the case of an order
authorizing installation and use of a trap and trace device
under subsection (a)(2), the geographic limits of the order;
and’’.
(3) NONDISCLOSURE REQUIREMENTS.—Section 3123(d)(2) of
title 18, United States Code, is amended—
(A) by inserting ‘‘or other facility’’ after ‘‘the line’’;
and
(B) by striking ‘‘, or who has been ordered by the
court’’ and inserting ‘‘or applied, or who is obligated by
the order’’.
(c) DEFINITIONS.—
(1) COURT OF COMPETENT JURISDICTION.—Section 3127(2)
of title 18, United States Code, is amended by striking subparagraph
(A) and inserting the following:
‘‘(A) any district court of the United States (including
a magistrate judge of such a court) or any United States
court of appeals having jurisdiction over the offense being
investigated; or’’.
(2) PEN REGISTER.—Section 3127(3) of title 18, United
States Code, is amended—
(A) by striking ‘‘electronic or other impulses’’ and all
that follows through ‘‘is attached’’ and inserting ‘‘dialing,
routing, addressing, or signaling information transmitted
by an instrument or facility from which a wire or electronic
communication is transmitted, provided, however, that
such information shall not include the contents of any
communication’’; and
(B) by inserting ‘‘or process’’ after ‘‘device’’ each place
it appears.
(3) TRAP AND TRACE DEVICE.—Section 3127(4) of title 18,
United States Code, is amended—
(A) by striking ‘‘of an instrument’’ and all that follows
through the semicolon and inserting ‘‘or other dialing,
routing, addressing, and signaling information reasonably
likely to identify the source of a wire or electronic communication,
provided, however, that such information shall
not include the contents of any communication;’’; and
(B) by inserting ‘‘or process’’ after ‘‘a device’’.
(4) CONFORMING AMENDMENT.—Section 3127(1) of title 18,
United States Code, is amended—
(A) by striking ‘‘and’’; and
(B) by inserting ‘‘, and ‘contents’ ’’ after ‘‘electronic
communication service’’.
(5) TECHNICAL AMENDMENT.—Section 3124(d) of title 18,
United States Code, is amended by striking ‘‘the terms of’’.
(6) CONFORMING AMENDMENT.—Section 3124(b) of title 18,
United States Code, is amended by inserting ‘‘or other facility’’
after ‘‘the appropriate line’’.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended—
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 291
(1) in section 2510—
(A) in paragraph (18), by striking ‘‘and’’ at the end;
(B) in paragraph (19), by striking the period and
inserting a semicolon; and
(C) by inserting after paragraph (19) the following:
‘‘(20) ‘protected computer’ has the meaning set forth in
section 1030; and
‘‘(21) ‘computer trespasser’—
‘‘(A) means a person who accesses a protected computer
without authorization and thus has no reasonable expectation
of privacy in any communication transmitted to,
through, or from the protected computer; and
‘‘(B) does not include a person known by the owner
or operator of the protected computer to have an existing
contractual relationship with the owner or operator of the
protected computer for access to all or part of the protected
computer.’’; and
(2) in section 2511(2), by inserting at the end the following:
‘‘(i) It shall not be unlawful under this chapter for a person
acting under color of law to intercept the wire or electronic communications
of a computer trespasser transmitted to, through, or from
the protected computer, if—
‘‘(I) the owner or operator of the protected computer authorizes
the interception of the computer trespasser’s communications
on the protected computer;
‘‘(II) the person acting under color of law is lawfully
engaged in an investigation;
‘‘(III) the person acting under color of law has reasonable
grounds to believe that the contents of the computer trespasser’s
communications will be relevant to the investigation;
and
‘‘(IV) such interception does not acquire communications
other than those transmitted to or from the computer trespasser.’’.
SEC. 218. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C.
1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence Surveillance
Act of 1978 are each amended by striking ‘‘the purpose’’
and inserting ‘‘a significant purpose’’.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is
amended by inserting after ‘‘executed’’ the following: ‘‘and (3) in
an investigation of domestic terrorism or international terrorism
(as defined in section 2331 of title 18, United States Code), by
a Federal magistrate judge in any district in which activities related
to the terrorism may have occurred, for a search of property or
for a person within or outside the district’’.
SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC
EVIDENCE.
(a) IN GENERAL.—Chapter 121 of title 18, United States Code,
is amended—
(1) in section 2703, by striking ‘‘under the Federal Rules
of Criminal Procedure’’ every place it appears and inserting
‘‘using the procedures described in the Federal Rules of
18 USC app.
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115 STAT. 292 PUBLIC LAW 107–56—OCT. 26, 2001
Criminal Procedure by a court with jurisdiction over the offense
under investigation’’; and
(2) in section 2711—
(A) in paragraph (1), by striking ‘‘and’’;
(B) in paragraph (2), by striking the period and
inserting ‘‘; and’’; and
(C) by inserting at the end the following:
‘‘(3) the term ‘court of competent jurisdiction’ has the
meaning assigned by section 3127, and includes any Federal
court within that definition, without geographic limitation.’’.
(b) CONFORMING AMENDMENT.—Section 2703(d) of title 18,
United States Code, is amended by striking ‘‘described in section
3127(2)(A)’’.
SEC. 221. TRADE SANCTIONS.
(a) IN GENERAL.—The Trade Sanctions Reform and Export
Enhancement Act of 2000 (Public Law 106–387; 114 Stat. 1549A–
67) is amended—
(1) by amending section 904(2)(C) to read as follows:
‘‘(C) used to facilitate the design, development, or
production of chemical or biological weapons, missiles, or
weapons of mass destruction.’’;
(2) in section 906(a)(1)—
(A) by inserting ‘‘, the Taliban or the territory of
Afghanistan controlled by the Taliban,’’ after ‘‘Cuba’’; and
(B) by inserting ‘‘, or in the territory of Afghanistan
controlled by the Taliban,’’ after ‘‘within such country’’;
and
(3) in section 906(a)(2), by inserting ‘‘, or to any other
entity in Syria or North Korea’’ after ‘‘Korea’’.
(b) APPLICATION OF THE TRADE SANCTIONS REFORM AND EXPORT
ENHANCEMENT ACT.—Nothing in the Trade Sanctions Reform and
Export Enhancement Act of 2000 shall limit the application or
scope of any law establishing criminal or civil penalties, including
any Executive order or regulation promulgated pursuant to such
laws (or similar or successor laws), for the unlawful export of
any agricultural commodity, medicine, or medical device to—
(1) a foreign organization, group, or person designated
pursuant to Executive Order No. 12947 of January 23, 1995,
as amended;
(2) a Foreign Terrorist Organization pursuant to the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104–132);
(3) a foreign organization, group, or person designated
pursuant to Executive Order No. 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant
to Executive Order No. 12978 (October 21, 1995) or the Foreign
Narcotics Kingpin Designation Act (Public Law 106–120); or
(5) any foreign organization, group, or persons subject to
any restriction for its involvement in weapons of mass destruction
or missile proliferation.
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.
Nothing in this Act shall impose any additional technical obligation
or requirement on a provider of a wire or electronic communication
service or other person to furnish facilities or technical assistance.
A provider of a wire or electronic communication service,
18 USC 3124
note.
22 USC 7210.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 293
landlord, custodian, or other person who furnishes facilities or technical
assistance pursuant to section 216 shall be reasonably compensated
for such reasonable expenditures incurred in providing
such facilities or assistance.
SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.
(a) Section 2520 of title 18, United States Code, is amended—
(1) in subsection (a), after ‘‘entity’’, by inserting ‘‘, other
than the United States,’’;
(2) by adding at the end the following:
‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds
that the circumstances surrounding the violation raise serious questions
about whether or not an officer or employee of the United
States acted willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and correct
copy of the decision and findings of the court or appropriate department
or agency promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted.
If the head of the department or agency involved determines that
disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons
for such determination.’’; and
(3) by adding a new subsection (g), as follows:
‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any willful disclosure
or use by an investigative or law enforcement officer or governmental
entity of information beyond the extent permitted by section
2517 is a violation of this chapter for purposes of section 2520(a).’’.
(b) Section 2707 of title 18, United States Code, is amended—
(1) in subsection (a), after ‘‘entity’’, by inserting ‘‘, other
than the United States,’’;
(2) by striking subsection (d) and inserting the following:
‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds
that the circumstances surrounding the violation raise serious questions
about whether or not an officer or employee of the United
States acted willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and correct
copy of the decision and findings of the court or appropriate department
or agency promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted.
If the head of the department or agency involved determines that
disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons
for such determination.’’; and
(3) by adding a new subsection (g), as follows:
‘‘(g) IMPROPER DISCLOSURE.—Any willful disclosure of a ‘record’,
as that term is defined in section 552a(a) of title 5, United States
Code, obtained by an investigative or law enforcement officer, or
a governmental entity, pursuant to section 2703 of this title, or
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115 STAT. 294 PUBLIC LAW 107–56—OCT. 26, 2001
from a device installed pursuant to section 3123 or 3125 of this
title, that is not a disclosure made in the proper performance
of the official functions of the officer or governmental entity making
the disclosure, is a violation of this chapter. This provision shall
not apply to information previously lawfully disclosed (prior to
the commencement of any civil or administrative proceeding under
this chapter) to the public by a Federal, State, or local governmental
entity or by the plaintiff in a civil action under this chapter.’’.
(c)(1) Chapter 121 of title 18, United States Code, is amended
by adding at the end the following:
‘‘§ 2712. Civil actions against the United States
‘‘(a) IN GENERAL.—Any person who is aggrieved by any willful
violation of this chapter or of chapter 119 of this title or of sections
106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) may commence an action
in United States District Court against the United States to recover
money damages. In any such action, if a person who is aggrieved
successfully establishes such a violation of this chapter or of chapter
119 of this title or of the above specific provisions of title 50,
the Court may assess as damages—
‘‘(1) actual damages, but not less than $10,000, whichever
amount is greater; and
‘‘(2) litigation costs, reasonably incurred.
‘‘(b) PROCEDURES.—(1) Any action against the United States
under this section may be commenced only after a claim is presented
to the appropriate department or agency under the procedures
of the Federal Tort Claims Act, as set forth in title 28, United
States Code.
‘‘(2) Any action against the United States under this section
shall be forever barred unless it is presented in writing to the
appropriate Federal agency within 2 years after such claim accrues
or unless action is begun within 6 months after the date of mailing,
by certified or registered mail, of notice of final denial of the
claim by the agency to which it was presented. The claim shall
accrue on the date upon which the claimant first has a reasonable
opportunity to discover the violation.
‘‘(3) Any action under this section shall be tried to the court
without a jury.
‘‘(4) Notwithstanding any other provision of law, the procedures
set forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall
be the exclusive means by which materials governed by those sections
may be reviewed.
‘‘(5) An amount equal to any award against the United States
under this section shall be reimbursed by the department or agency
concerned to the fund described in section 1304 of title 31, United
States Code, out of any appropriation, fund, or other account
(excluding any part of such appropriation, fund, or account that
is available for the enforcement of any Federal law) that is available
for the operating expenses of the department or agency concerned.
‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds
that the circumstances surrounding the violation raise serious questions
about whether or not an officer or employee of the United
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 295
States acted willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and correct
copy of the decision and findings of the court or appropriate department
or agency promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted.
If the head of the department or agency involved determines that
disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons
for such determination.
‘‘(d) EXCLUSIVE REMEDY.—Any action against the United States
under this subsection shall be the exclusive remedy against the
United States for any claims within the purview of this section.
‘‘(e) STAY OF PROCEEDINGS.—(1) Upon the motion of the United
States, the court shall stay any action commenced under this section
if the court determines that civil discovery will adversely affect
the ability of the Government to conduct a related investigation
or the prosecution of a related criminal case. Such a stay shall
toll the limitations periods of paragraph (2) of subsection (b).
‘‘(2) In this subsection, the terms ‘related criminal case’ and
‘related investigation’ mean an actual prosecution or investigation
in progress at the time at which the request for the stay or any
subsequent motion to lift the stay is made. In determining whether
an investigation or a criminal case is related to an action commenced
under this section, the court shall consider the degree
of similarity between the parties, witnesses, facts, and circumstances
involved in the 2 proceedings, without requiring that
any one or more factors be identical.
‘‘(3) In requesting a stay under paragraph (1), the Government
may, in appropriate cases, submit evidence ex parte in order to
avoid disclosing any matter that may adversely affect a related
investigation or a related criminal case. If the Government makes
such an ex parte submission, the plaintiff shall be given an opportunity
to make a submission to the court, not ex parte, and the
court may, in its discretion, request further information from either
party.’’.
(2) The table of sections at the beginning of chapter 121 is
amended to read as follows:
‘‘2712. Civil action against the United States.’’.
SEC. 224. SUNSET.
(a) IN GENERAL.—Except as provided in subsection (b), this
title and the amendments made by this title (other than sections
203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222,
and the amendments made by those sections) shall cease to have
effect on December 31, 2005.
(b) EXCEPTION.—With respect to any particular foreign intelligence
investigation that began before the date on which the provisions
referred to in subsection (a) cease to have effect, or with
respect to any particular offense or potential offense that began
or occurred before the date on which such provisions cease to
have effect, such provisions shall continue in effect.
SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.
Section 105 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805) is amended by inserting after subsection
(g) the following:
18 USC 2510
note.
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115 STAT. 296 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(h) No cause of action shall lie in any court against any
provider of a wire or electronic communication service, landlord,
custodian, or other person (including any officer, employee, agent,
or other specified person thereof) that furnishes any information,
facilities, or technical assistance in accordance with a court order
or request for emergency assistance under this Act.’’.
TITLE III—INTERNATIONAL MONEY
LAUNDERING ABATEMENT AND ANTITERRORIST
FINANCING ACT OF 2001
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘International Money Laundering
Abatement and Financial Anti-Terrorism Act of 2001’’.
SEC. 302. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) money laundering, estimated by the International Monetary
Fund to amount to between 2 and 5 percent of global
gross domestic product, which is at least $600,000,000,000
annually, provides the financial fuel that permits transnational
criminal enterprises to conduct and expand their operations
to the detriment of the safety and security of American citizens;
(2) money laundering, and the defects in financial transparency
on which money launderers rely, are critical to the
financing of global terrorism and the provision of funds for
terrorist attacks;
(3) money launderers subvert legitimate financial mechanisms
and banking relationships by using them as protective
covering for the movement of criminal proceeds and the
financing of crime and terrorism, and, by so doing, can threaten
the safety of United States citizens and undermine the integrity
of United States financial institutions and of the global financial
and trading systems upon which prosperity and growth depend;
(4) certain jurisdictions outside of the United States that
offer ‘‘offshore’’ banking and related facilities designed to provide
anonymity, coupled with weak financial supervisory and
enforcement regimes, provide essential tools to disguise ownership
and movement of criminal funds, derived from, or used
to commit, offenses ranging from narcotics trafficking, terrorism,
arms smuggling, and trafficking in human beings, to
financial frauds that prey on law-abiding citizens;
(5) transactions involving such offshore jurisdictions make
it difficult for law enforcement officials and regulators to follow
the trail of money earned by criminals, organized international
criminal enterprises, and global terrorist organizations;
(6) correspondent banking facilities are one of the banking
mechanisms susceptible in some circumstances to manipulation
by foreign banks to permit the laundering of funds by hiding
the identity of real parties in interest to financial transactions;
(7) private banking services can be susceptible to manipulation
by money launderers, for example corrupt foreign government
officials, particularly if those services include the creation
of offshore accounts and facilities for large personal funds transfers
to channel funds into accounts around the globe;
31 USC 5311
note.
31 USC 5301
note.
International
Money
Laundering
Abatement and
Financial Anti-
Terrorism Act of
2001.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 297
(8) United States anti-money laundering efforts are
impeded by outmoded and inadequate statutory provisions that
make investigations, prosecutions, and forfeitures more difficult,
particularly in cases in which money laundering involves
foreign persons, foreign banks, or foreign countries;
(9) the ability to mount effective counter-measures to international
money launderers requires national, as well as
bilateral and multilateral action, using tools specially designed
for that effort; and
(10) the Basle Committee on Banking Regulation and
Supervisory Practices and the Financial Action Task Force
on Money Laundering, of both of which the United States
is a member, have each adopted international anti-money laundering
principles and recommendations.
(b) PURPOSES.—The purposes of this title are—
(1) to increase the strength of United States measures
to prevent, detect, and prosecute international money laundering
and the financing of terrorism;
(2) to ensure that—
(A) banking transactions and financial relationships
and the conduct of such transactions and relationships,
do not contravene the purposes of subchapter II of chapter
53 of title 31, United States Code, section 21 of the Federal
Deposit Insurance Act, or chapter 2 of title I of Public
Law 91–508 (84 Stat. 1116), or facilitate the evasion of
any such provision; and
(B) the purposes of such provisions of law continue
to be fulfilled, and such provisions of law are effectively
and efficiently administered;
(3) to strengthen the provisions put into place by the Money
Laundering Control Act of 1986 (18 U.S.C. 981 note), especially
with respect to crimes by non-United States nationals and
foreign financial institutions;
(4) to provide a clear national mandate for subjecting to
special scrutiny those foreign jurisdictions, financial institutions
operating outside of the United States, and classes of international
transactions or types of accounts that pose particular,
identifiable opportunities for criminal abuse;
(5) to provide the Secretary of the Treasury (in this title
referred to as the ‘‘Secretary’’) with broad discretion, subject
to the safeguards provided by the Administrative Procedure
Act under title 5, United States Code, to take measures tailored
to the particular money laundering problems presented by specific
foreign jurisdictions, financial institutions operating outside
of the United States, and classes of international transactions
or types of accounts;
(6) to ensure that the employment of such measures by
the Secretary permits appropriate opportunity for comment
by affected financial institutions;
(7) to provide guidance to domestic financial institutions
on particular foreign jurisdictions, financial institutions operating
outside of the United States, and classes of international
transactions that are of primary money laundering concern
to the United States Government;
(8) to ensure that the forfeiture of any assets in connection
with the anti-terrorist efforts of the United States permits
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115 STAT. 298 PUBLIC LAW 107–56—OCT. 26, 2001
for adequate challenge consistent with providing due process
rights;
(9) to clarify the terms of the safe harbor from civil liability
for filing suspicious activity reports;
(10) to strengthen the authority of the Secretary to issue
and administer geographic targeting orders, and to clarify that
violations of such orders or any other requirement imposed
under the authority contained in chapter 2 of title I of Public
Law 91–508 and subchapters II and III of chapter 53 of title
31, United States Code, may result in criminal and civil penalties;
(11) to ensure that all appropriate elements of the financial
services industry are subject to appropriate requirements to
report potential money laundering transactions to proper
authorities, and that jurisdictional disputes do not hinder examination
of compliance by financial institutions with relevant
reporting requirements;
(12) to strengthen the ability of financial institutions to
maintain the integrity of their employee population; and
(13) to strengthen measures to prevent the use of the
United States financial system for personal gain by corrupt
foreign officials and to facilitate the repatriation of any stolen
assets to the citizens of countries to whom such assets belong.
SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED CONSIDERATION.
(a) IN GENERAL.—Effective on and after the first day of fiscal
year 2005, the provisions of this title and the amendments made
by this title shall terminate if the Congress enacts a joint resolution,
the text after the resolving clause of which is as follows: ‘‘That
provisions of the International Money Laundering Abatement and
Anti-Terrorist Financing Act of 2001, and the amendments made
thereby, shall no longer have the force of law.’’.
(b) EXPEDITED CONSIDERATION.—Any joint resolution submitted
pursuant to this section should be considered by the Congress
expeditiously. In particular, it shall be considered in the Senate
in accordance with the provisions of section 601(b) of the International
Security Assistance and Arms Control Act of 1976.
Subtitle A—International Counter Money
Laundering and Related Measures
SEC. 311. SPECIAL MEASURES FOR JURISDICTIONS, FINANCIAL
INSTITUTIONS, OR INTERNATIONAL TRANSACTIONS OF
PRIMARY MONEY LAUNDERING CONCERN.
(a) IN GENERAL.—Subchapter II of chapter 53 of title 31, United
States Code, is amended by inserting after section 5318 the following
new section:
‘‘§ 5318A. Special measures for jurisdictions, financial institutions,
or international transactions of primary
money laundering concern
‘‘(a) INTERNATIONAL COUNTER-MONEY LAUNDERING REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary of the Treasury may
require domestic financial institutions and domestic financial
Effective date.
31 USC 5311
note.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 299
agencies to take 1 or more of the special measures described
in subsection (b) if the Secretary finds that reasonable grounds
exist for concluding that a jurisdiction outside of the United
States, 1 or more financial institutions operating outside of
the United States, 1 or more classes of transactions within,
or involving, a jurisdiction outside of the United States, or
1 or more types of accounts is of primary money laundering
concern, in accordance with subsection (c).
‘‘(2) FORM OF REQUIREMENT.—The special measures
described in—
‘‘(A) subsection (b) may be imposed in such sequence
or combination as the Secretary shall determine;
‘‘(B) paragraphs (1) through (4) of subsection (b) may
be imposed by regulation, order, or otherwise as permitted
by law; and
‘‘(C) subsection (b)(5) may be imposed only by regulation.
‘‘(3) DURATION OF ORDERS; RULEMAKING.—Any order by
which a special measure described in paragraphs (1) through
(4) of subsection (b) is imposed (other than an order described
in section 5326)—
‘‘(A) shall be issued together with a notice of proposed
rulemaking relating to the imposition of such special
measure; and
‘‘(B) may not remain in effect for more than 120 days,
except pursuant to a rule promulgated on or before the
end of the 120-day period beginning on the date of issuance
of such order.
‘‘(4) PROCESS FOR SELECTING SPECIAL MEASURES.—In
selecting which special measure or measures to take under
this subsection, the Secretary of the Treasury—
‘‘(A) shall consult with the Chairman of the Board
of Governors of the Federal Reserve System, any other
appropriate Federal banking agency, as defined in section
3 of the Federal Deposit Insurance Act, the Secretary of
State, the Securities and Exchange Commission, the Commodity
Futures Trading Commission, the National Credit
Union Administration Board, and in the sole discretion
of the Secretary, such other agencies and interested parties
as the Secretary may find to be appropriate; and
‘‘(B) shall consider—
‘‘(i) whether similar action has been or is being
taken by other nations or multilateral groups;
‘‘(ii) whether the imposition of any particular special
measure would create a significant competitive
disadvantage, including any undue cost or burden associated
with compliance, for financial institutions organized
or licensed in the United States;
‘‘(iii) the extent to which the action or the timing
of the action would have a significant adverse systemic
impact on the international payment, clearance, and
settlement system, or on legitimate business activities
involving the particular jurisdiction, institution, or
class of transactions; and
‘‘(iv) the effect of the action on United States
national security and foreign policy.
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115 STAT. 300 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(5) NO LIMITATION ON OTHER AUTHORITY.—This section
shall not be construed as superseding or otherwise restricting
any other authority granted to the Secretary, or to any other
agency, by this subchapter or otherwise.
‘‘(b) SPECIAL MEASURES.—The special measures referred to in
subsection (a), with respect to a jurisdiction outside of the United
States, financial institution operating outside of the United States,
class of transaction within, or involving, a jurisdiction outside of
the United States, or 1 or more types of accounts are as follows:
‘‘(1) RECORDKEEPING AND REPORTING OF CERTAIN FINANCIAL
TRANSACTIONS.—
‘‘(A) IN GENERAL.—The Secretary of the Treasury may
require any domestic financial institution or domestic
financial agency to maintain records, file reports, or both,
concerning the aggregate amount of transactions, or concerning
each transaction, with respect to a jurisdiction
outside of the United States, 1 or more financial institutions
operating outside of the United States, 1 or more
classes of transactions within, or involving, a jurisdiction
outside of the United States, or 1 or more types of accounts
if the Secretary finds any such jurisdiction, institution,
or class of transactions to be of primary money laundering
concern.
‘‘(B) FORM OF RECORDS AND REPORTS.—Such records
and reports shall be made and retained at such time,
in such manner, and for such period of time, as the Secretary
shall determine, and shall include such information
as the Secretary may determine, including—
‘‘(i) the identity and address of the participants
in a transaction or relationship, including the identity
of the originator of any funds transfer;
‘‘(ii) the legal capacity in which a participant in
any transaction is acting;
‘‘(iii) the identity of the beneficial owner of the
funds involved in any transaction, in accordance with
such procedures as the Secretary determines to be
reasonable and practicable to obtain and retain the
information; and
‘‘(iv) a description of any transaction.
‘‘(2) INFORMATION RELATING TO BENEFICIAL OWNERSHIP.—
In addition to any other requirement under any other provision
of law, the Secretary may require any domestic financial institution
or domestic financial agency to take such steps as the
Secretary may determine to be reasonable and practicable to
obtain and retain information concerning the beneficial ownership
of any account opened or maintained in the United States
by a foreign person (other than a foreign entity whose shares
are subject to public reporting requirements or are listed and
traded on a regulated exchange or trading market), or a representative
of such a foreign person, that involves a jurisdiction
outside of the United States, 1 or more financial institutions
operating outside of the United States, 1 or more classes of
transactions within, or involving, a jurisdiction outside of the
United States, or 1 or more types of accounts if the Secretary
finds any such jurisdiction, institution, or transaction or type
of account to be of primary money laundering concern.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 301
‘‘(3) INFORMATION RELATING TO CERTAIN PAYABLE-THROUGH
ACCOUNTS.—If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating outside
of the United States, or 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United States
to be of primary money laundering concern, the Secretary may
require any domestic financial institution or domestic financial
agency that opens or maintains a payable-through account in
the United States for a foreign financial institution involving
any such jurisdiction or any such financial institution operating
outside of the United States, or a payable through account
through which any such transaction may be conducted, as
a condition of opening or maintaining such account—
‘‘(A) to identify each customer (and representative of
such customer) of such financial institution who is permitted
to use, or whose transactions are routed through,
such payable-through account; and
‘‘(B) to obtain, with respect to each such customer
(and each such representative), information that is substantially
comparable to that which the depository institution
obtains in the ordinary course of business with respect
to its customers residing in the United States.
‘‘(4) INFORMATION RELATING TO CERTAIN CORRESPONDENT
ACCOUNTS.—If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating outside
of the United States, or 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United States
to be of primary money laundering concern, the Secretary may
require any domestic financial institution or domestic financial
agency that opens or maintains a correspondent account in
the United States for a foreign financial institution involving
any such jurisdiction or any such financial institution operating
outside of the United States, or a correspondent account
through which any such transaction may be conducted, as
a condition of opening or maintaining such account—
‘‘(A) to identify each customer (and representative of
such customer) of any such financial institution who is
permitted to use, or whose transactions are routed through,
such correspondent account; and
‘‘(B) to obtain, with respect to each such customer
(and each such representative), information that is substantially
comparable to that which the depository institution
obtains in the ordinary course of business with respect
to its customers residing in the United States.
‘‘(5) PROHIBITIONS OR CONDITIONS ON OPENING OR
MAINTAINING CERTAIN CORRESPONDENT OR PAYABLE-THROUGH
ACCOUNTS.—If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating outside
of the United States, or 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United States
to be of primary money laundering concern, the Secretary,
in consultation with the Secretary of State, the Attorney General,
and the Chairman of the Board of Governors of the Federal
Reserve System, may prohibit, or impose conditions upon, the
opening or maintaining in the United States of a correspondent
account or payable- through account by any domestic financial
institution or domestic financial agency for or on behalf of
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115 STAT. 302 PUBLIC LAW 107–56—OCT. 26, 2001
a foreign banking institution, if such correspondent account
or payable-through account involves any such jurisdiction or
institution, or if any such transaction may be conducted through
such correspondent account or payable-through account.
‘‘(c) CONSULTATIONS AND INFORMATION TO BE CONSIDERED IN
FINDING JURISDICTIONS, INSTITUTIONS, TYPES OF ACCOUNTS, OR
TRANSACTIONS TO BE OF PRIMARY MONEY LAUNDERING CONCERN.—
‘‘(1) IN GENERAL.—In making a finding that reasonable
grounds exist for concluding that a jurisdiction outside of the
United States, 1 or more financial institutions operating outside
of the United States, 1 or more classes of transactions within,
or involving, a jurisdiction outside of the United States, or
1 or more types of accounts is of primary money laundering
concern so as to authorize the Secretary of the Treasury to
take 1 or more of the special measures described in subsection
(b), the Secretary shall consult with the Secretary of State
and the Attorney General.
‘‘(2) ADDITIONAL CONSIDERATIONS.—In making a finding
described in paragraph (1), the Secretary shall consider in
addition such information as the Secretary determines to be
relevant, including the following potentially relevant factors:
‘‘(A) JURISDICTIONAL FACTORS.—In the case of a particular
jurisdiction—
‘‘(i) evidence that organized criminal groups, international
terrorists, or both, have transacted business
in that jurisdiction;
‘‘(ii) the extent to which that jurisdiction or financial
institutions operating in that jurisdiction offer
bank secrecy or special regulatory advantages to nonresidents
or nondomiciliaries of that jurisdiction;
‘‘(iii) the substance and quality of administration
of the bank supervisory and counter-money laundering
laws of that jurisdiction;
‘‘(iv) the relationship between the volume of financial
transactions occurring in that jurisdiction and the
size of the economy of the jurisdiction;
‘‘(v) the extent to which that jurisdiction is
characterized as an offshore banking or secrecy haven
by credible international organizations or multilateral
expert groups;
‘‘(vi) whether the United States has a mutual legal
assistance treaty with that jurisdiction, and the experience
of United States law enforcement officials and
regulatory officials in obtaining information about
transactions originating in or routed through or to
such jurisdiction; and
‘‘(vii) the extent to which that jurisdiction is
characterized by high levels of official or institutional
corruption.
‘‘(B) INSTITUTIONAL FACTORS.—In the case of a decision
to apply 1 or more of the special measures described in
subsection (b) only to a financial institution or institutions,
or to a transaction or class of transactions, or to a type
of account, or to all 3, within or involving a particular
jurisdiction—
‘‘(i) the extent to which such financial institutions,
transactions, or types of accounts are used to facilitate
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 303
or promote money laundering in or through the jurisdiction;
‘‘(ii) the extent to which such institutions, transactions,
or types of accounts are used for legitimate
business purposes in the jurisdiction; and
‘‘(iii) the extent to which such action is sufficient
to ensure, with respect to transactions involving the
jurisdiction and institutions operating in the jurisdiction,
that the purposes of this subchapter continue
to be fulfilled, and to guard against international
money laundering and other financial crimes.
‘‘(d) NOTIFICATION OF SPECIAL MEASURES INVOKED BY THE SECRETARY.—
Not later than 10 days after the date of any action taken
by the Secretary of the Treasury under subsection (a)(1), the Secretary
shall notify, in writing, the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate of any such action.
‘‘(e) DEFINITIONS.—Notwithstanding any other provision of this
subchapter, for purposes of this section and subsections (i) and
(j) of section 5318, the following definitions shall apply:
‘‘(1) BANK DEFINITIONS.—The following definitions shall
apply with respect to a bank:
‘‘(A) ACCOUNT.—The term ‘account’—
‘‘(i) means a formal banking or business relationship
established to provide regular services, dealings,
and other financial transactions; and
‘‘(ii) includes a demand deposit, savings deposit,
or other transaction or asset account and a credit
account or other extension of credit.
‘‘(B) CORRESPONDENT ACCOUNT.—The term ‘correspondent
account’ means an account established to
receive deposits from, make payments on behalf of a foreign
financial institution, or handle other financial transactions
related to such institution.
‘‘(C) PAYABLE-THROUGH ACCOUNT.—The term ‘payablethrough
account’ means an account, including a transaction
account (as defined in section 19(b)(1)(C) of the Federal
Reserve Act), opened at a depository institution by a foreign
financial institution by means of which the foreign financial
institution permits its customers to engage, either directly
or through a subaccount, in banking activities usual in
connection with the business of banking in the United
States.
‘‘(2) DEFINITIONS APPLICABLE TO INSTITUTIONS OTHER THAN
BANKS.—With respect to any financial institution other than
a bank, the Secretary shall, after consultation with the appropriate
Federal functional regulators (as defined in section 509
of the Gramm-Leach-Bliley Act), define by regulation the term
‘account’, and shall include within the meaning of that term,
to the extent, if any, that the Secretary deems appropriate,
arrangements similar to payable-through and correspondent
accounts.
‘‘(3) REGULATORY DEFINITION OF BENEFICIAL OWNERSHIP.—
The Secretary shall promulgate regulations defining beneficial
ownership of an account for purposes of this section and subsections
(i) and (j) of section 5318. Such regulations shall
address issues related to an individual’s authority to fund,
Deadline.
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115 STAT. 304 PUBLIC LAW 107–56—OCT. 26, 2001
direct, or manage the account (including, without limitation,
the power to direct payments into or out of the account), and
an individual’s material interest in the income or corpus of
the account, and shall ensure that the identification of individuals
under this section does not extend to any individual whose
beneficial interest in the income or corpus of the account is
immaterial.
‘‘(4) OTHER TERMS.—The Secretary may, by regulation, further
define the terms in paragraphs (1), (2), and (3), and define
other terms for the purposes of this section, as the Secretary
deems appropriate.’’.
(b) CLERICAL AMENDMENT.—The table of sections for subchapter
II of chapter 53 of title 31, United States Code, is amended by
inserting after the item relating to section 5318 the following new
item:
‘‘5318A. Special measures for jurisdictions, financial institutions, or international
transactions of primary money laundering concern.’’.
SEC. 312. SPECIAL DUE DILIGENCE FOR CORRESPONDENT ACCOUNTS
AND PRIVATE BANKING ACCOUNTS.
(a) IN GENERAL.—Section 5318 of title 31, United States Code,
is amended by adding at the end the following:
‘‘(i) DUE DILIGENCE FOR UNITED STATES PRIVATE BANKING AND
CORRESPONDENT BANK ACCOUNTS INVOLVING FOREIGN PERSONS.—
‘‘(1) IN GENERAL.—Each financial institution that establishes,
maintains, administers, or manages a private banking
account or a correspondent account in the United States for
a non-United States person, including a foreign individual visiting
the United States, or a representative of a non-United
States person shall establish appropriate, specific, and, where
necessary, enhanced, due diligence policies, procedures, and
controls that are reasonably designed to detect and report
instances of money laundering through those accounts.
‘‘(2) ADDITIONAL STANDARDS FOR CERTAIN CORRESPONDENT
ACCOUNTS.—
‘‘(A) IN GENERAL.—Subparagraph (B) shall apply if a
correspondent account is requested or maintained by, or
on behalf of, a foreign bank operating—
‘‘(i) under an offshore banking license; or
‘‘(ii) under a banking license issued by a foreign
country that has been designated—
‘‘(I) as noncooperative with international antimoney
laundering principles or procedures by an
intergovernmental group or organization of which
the United States is a member, with which designation
the United States representative to the
group or organization concurs; or
‘‘(II) by the Secretary of the Treasury as warranting
special measures due to money laundering
concerns.
‘‘(B) POLICIES, PROCEDURES, AND CONTROLS.—The
enhanced due diligence policies, procedures, and controls
required under paragraph (1) shall, at a minimum, ensure
that the financial institution in the United States takes
reasonable steps—
‘‘(i) to ascertain for any such foreign bank, the
shares of which are not publicly traded, the identity
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 305
of each of the owners of the foreign bank, and the
nature and extent of the ownership interest of each
such owner;
‘‘(ii) to conduct enhanced scrutiny of such account
to guard against money laundering and report any
suspicious transactions under subsection (g); and
‘‘(iii) to ascertain whether such foreign bank provides
correspondent accounts to other foreign banks
and, if so, the identity of those foreign banks and
related due diligence information, as appropriate under
paragraph (1).
‘‘(3) MINIMUM STANDARDS FOR PRIVATE BANKING
ACCOUNTS.—If a private banking account is requested or maintained
by, or on behalf of, a non-United States person, then
the due diligence policies, procedures, and controls required
under paragraph (1) shall, at a minimum, ensure that the
financial institution takes reasonable steps—
‘‘(A) to ascertain the identity of the nominal and beneficial
owners of, and the source of funds deposited into,
such account as needed to guard against money laundering
and report any suspicious transactions under subsection
(g); and
‘‘(B) to conduct enhanced scrutiny of any such account
that is requested or maintained by, or on behalf of, a
senior foreign political figure, or any immediate family
member or close associate of a senior foreign political figure
that is reasonably designed to detect and report transactions
that may involve the proceeds of foreign corruption.
‘‘(4) DEFINITION.—For purposes of this subsection, the following
definitions shall apply:
‘‘(A) OFFSHORE BANKING LICENSE.—The term ‘offshore
banking license’ means a license to conduct banking activities
which, as a condition of the license, prohibits the
licensed entity from conducting banking activities with the
citizens of, or with the local currency of, the country which
issued the license.
‘‘(B) PRIVATE BANKING ACCOUNT.—The term ‘private
banking account’ means an account (or any combination
of accounts) that—
‘‘(i) requires a minimum aggregate deposits of
funds or other assets of not less than $1,000,000;
‘‘(ii) is established on behalf of 1 or more individuals
who have a direct or beneficial ownership interest
in the account; and
‘‘(iii) is assigned to, or is administered or managed
by, in whole or in part, an officer, employee, or agent
of a financial institution acting as a liaison between
the financial institution and the direct or beneficial
owner of the account.’’.
(b) REGULATORY AUTHORITY AND EFFECTIVE DATE.—
(1) REGULATORY AUTHORITY.—Not later than 180 days after
the date of enactment of this Act, the Secretary, in consultation
with the appropriate Federal functional regulators (as defined
in section 509 of the Gramm-Leach-Bliley Act) of the affected
financial institutions, shall further delineate, by regulation,
the due diligence policies, procedures, and controls required
Deadline.
31 USC 5318
note.
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115 STAT. 306 PUBLIC LAW 107–56—OCT. 26, 2001
under section 5318(i)(1) of title 31, United States Code, as
added by this section.
(2) EFFECTIVE DATE.—Section 5318(i) of title 31, United
States Code, as added by this section, shall take effect 270
days after the date of enactment of this Act, whether or not
final regulations are issued under paragraph (1), and the failure
to issue such regulations shall in no way affect the enforceability
of this section or the amendments made by this section.
Section 5318(i) of title 31, United States Code, as added by
this section, shall apply with respect to accounts covered by
that section 5318(i), that are opened before, on, or after the
date of enactment of this Act.
SEC. 313. PROHIBITION ON UNITED STATES CORRESPONDENT
ACCOUNTS WITH FOREIGN SHELL BANKS.
(a) IN GENERAL.—Section 5318 of title 31, United States Code,
as amended by this title, is amended by adding at the end the
following:
‘‘(j) PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS
WITH FOREIGN SHELL BANKS.—
‘‘(1) IN GENERAL.—A financial institution described in subparagraphs
(A) through (G) of section 5312(a)(2) (in this subsection
referred to as a ‘covered financial institution’) shall
not establish, maintain, administer, or manage a correspondent
account in the United States for, or on behalf of, a foreign
bank that does not have a physical presence in any country.
‘‘(2) PREVENTION OF INDIRECT SERVICE TO FOREIGN SHELL
BANKS.—A covered financial institution shall take reasonable
steps to ensure that any correspondent account established,
maintained, administered, or managed by that covered financial
institution in the United States for a foreign bank is not being
used by that foreign bank to indirectly provide banking services
to another foreign bank that does not have a physical presence
in any country. The Secretary of the Treasury shall, by regulation,
delineate the reasonable steps necessary to comply with
this paragraph.
‘‘(3) EXCEPTION.—Paragraphs (1) and (2) do not prohibit
a covered financial institution from providing a correspondent
account to a foreign bank, if the foreign bank—
‘‘(A) is an affiliate of a depository institution, credit
union, or foreign bank that maintains a physical presence
in the United States or a foreign country, as applicable;
and
‘‘(B) is subject to supervision by a banking authority
in the country regulating the affiliated depository institution,
credit union, or foreign bank described in subparagraph
(A), as applicable.
‘‘(4) DEFINITIONS.—For purposes of this subsection—
‘‘(A) the term ‘affiliate’ means a foreign bank that
is controlled by or is under common control with a depository
institution, credit union, or foreign bank; and
‘‘(B) the term ‘physical presence’ means a place of
business that—
‘‘(i) is maintained by a foreign bank;
‘‘(ii) is located at a fixed address (other than solely
an electronic address) in a country in which the foreign
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 307
bank is authorized to conduct banking activities, at
which location the foreign bank—
‘‘(I) employs 1 or more individuals on a fulltime
basis; and
‘‘(II) maintains operating records related to
its banking activities; and
‘‘(iii) is subject to inspection by the banking
authority which licensed the foreign bank to conduct
banking activities.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect at the end of the 60-day period beginning on
the date of enactment of this Act.
SEC. 314. COOPERATIVE EFFORTS TO DETER MONEY LAUNDERING.
(a) COOPERATION AMONG FINANCIAL INSTITUTIONS, REGULATORY
AUTHORITIES, AND LAW ENFORCEMENT AUTHORITIES.—
(1) REGULATIONS.—The Secretary shall, within 120 days
after the date of enactment of this Act, adopt regulations to
encourage further cooperation among financial institutions,
their regulatory authorities, and law enforcement authorities,
with the specific purpose of encouraging regulatory authorities
and law enforcement authorities to share with financial institutions
information regarding individuals, entities, and organizations
engaged in or reasonably suspected based on credible
evidence of engaging in terrorist acts or money laundering
activities.
(2) COOPERATION AND INFORMATION SHARING PROCEDURES.—
The regulations adopted under paragraph (1) may
include or create procedures for cooperation and information
sharing focusing on—
(A) matters specifically related to the finances of terrorist
groups, the means by which terrorist groups transfer
funds around the world and within the United States,
including through the use of charitable organizations, nonprofit
organizations, and nongovernmental organizations,
and the extent to which financial institutions in the United
States are unwittingly involved in such finances and the
extent to which such institutions are at risk as a result;
(B) the relationship, particularly the financial relationship,
between international narcotics traffickers and foreign
terrorist organizations, the extent to which their memberships
overlap and engage in joint activities, and the extent
to which they cooperate with each other in raising and
transferring funds for their respective purposes; and
(C) means of facilitating the identification of accounts
and transactions involving terrorist groups and facilitating
the exchange of information concerning such accounts and
transactions between financial institutions and law enforcement
organizations.
(3) CONTENTS.—The regulations adopted pursuant to paragraph
(1) may—
(A) require that each financial institution designate
1 or more persons to receive information concerning, and
to monitor accounts of individuals, entities, and organizations
identified, pursuant to paragraph (1); and
(B) further establish procedures for the protection of
the shared information, consistent with the capacity, size,
Deadline.
31 USC 5311
note.
31 USC 5318
note.
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115 STAT. 308 PUBLIC LAW 107–56—OCT. 26, 2001
and nature of the institution to which the particular procedures
apply.
(4) RULE OF CONSTRUCTION.—The receipt of information
by a financial institution pursuant to this section shall not
relieve or otherwise modify the obligations of the financial
institution with respect to any other person or account.
(5) USE OF INFORMATION.—Information received by a financial
institution pursuant to this section shall not be used for
any purpose other than identifying and reporting on activities
that may involve terrorist acts or money laundering activities.
(b) COOPERATION AMONG FINANCIAL INSTITUTIONS.—Upon
notice provided to the Secretary, 2 or more financial institutions
and any association of financial institutions may share information
with one another regarding individuals, entities, organizations, and
countries suspected of possible terrorist or money laundering activities.
A financial institution or association that transmits, receives,
or shares such information for the purposes of identifying and
reporting activities that may involve terrorist acts or money laundering
activities shall not be liable to any person under any law
or regulation of the United States, any constitution, law, or regulation
of any State or political subdivision thereof, or under any
contract or other legally enforceable agreement (including any
arbitration agreement), for such disclosure or for any failure to
provide notice of such disclosure to the person who is the subject
of such disclosure, or any other person identified in the disclosure,
except where such transmission, receipt, or sharing violates this
section or regulations promulgated pursuant to this section.
(c) RULE OF CONSTRUCTION.—Compliance with the provisions
of this title requiring or allowing financial institutions and any
association of financial institutions to disclose or share information
regarding individuals, entities, and organizations engaged in or
suspected of engaging in terrorist acts or money laundering activities
shall not constitute a violation of the provisions of title V
of the Gramm-Leach-Bliley Act (Public Law 106–102).
(d) REPORTS TO THE FINANCIAL SERVICES INDUSTRY ON SUSPICIOUS
FINANCIAL ACTIVITIES.—At least semiannually, the Secretary
shall—
(1) publish a report containing a detailed analysis identifying
patterns of suspicious activity and other investigative
insights derived from suspicious activity reports and investigations
conducted by Federal, State, and local law enforcement
agencies to the extent appropriate; and
(2) distribute such report to financial institutions (as
defined in section 5312 of title 31, United States Code).
SEC. 315. INCLUSION OF FOREIGN CORRUPTION OFFENSES AS MONEY
LAUNDERING CRIMES.
Section 1956(c)(7) of title 18, United States Code, is amended—
(1) in subparagraph (B)—
(A) in clause (ii), by striking ‘‘or destruction of property
by means of explosive or fire’’ and inserting ‘‘destruction
of property by means of explosive or fire, or a crime of
violence (as defined in section 16)’’;
(B) in clause (iii), by striking ‘‘1978’’ and inserting
‘‘1978)’’; and
(C) by adding at the end the following:
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 309
‘‘(iv) bribery of a public official, or the misappropriation,
theft, or embezzlement of public funds by
or for the benefit of a public official;
‘‘(v) smuggling or export control violations
involving—
‘‘(I) an item controlled on the United States
Munitions List established under section 38 of the
Arms Export Control Act (22 U.S.C. 2778); or
‘‘(II) an item controlled under regulations
under the Export Administration Regulations (15
C.F.R. Parts 730–774); or
‘‘(vi) an offense with respect to which the United
States would be obligated by a multilateral treaty,
either to extradite the alleged offender or to submit
the case for prosecution, if the offender were found
within the territory of the United States;’’; and
(2) in subparagraph (D)—
(A) by inserting ‘‘section 541 (relating to goods falsely
classified),’’ before ‘‘section 542’’;
(B) by inserting ‘‘section 922(1) (relating to the unlawful
importation of firearms), section 924(n) (relating to
firearms trafficking),’’ before ‘‘section 956’’;
(C) by inserting ‘‘section 1030 (relating to computer
fraud and abuse),’’ before ‘‘1032’’; and
(D) by inserting ‘‘any felony violation of the Foreign
Agents Registration Act of 1938,’’ before ‘‘or any felony
violation of the Foreign Corrupt Practices Act’’.
SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.
(a) RIGHT TO CONTEST.—An owner of property that is confiscated
under any provision of law relating to the confiscation
of assets of suspected international terrorists, may contest that
confiscation by filing a claim in the manner set forth in the Federal
Rules of Civil Procedure (Supplemental Rules for Certain Admiralty
and Maritime Claims), and asserting as an affirmative defense
that—
(1) the property is not subject to confiscation under such
provision of law; or
(2) the innocent owner provisions of section 983(d) of title
18, United States Code, apply to the case.
(b) EVIDENCE.—In considering a claim filed under this section,
a court may admit evidence that is otherwise inadmissible under
the Federal Rules of Evidence, if the court determines that the
evidence is reliable, and that compliance with the Federal Rules
of Evidence may jeopardize the national security interests of the
United States.
(c) CLARIFICATIONS.—
(1) PROTECTION OF RIGHTS.—The exclusion of certain provisions
of Federal law from the definition of the term ‘‘civil
forfeiture statute’’ in section 983(i) of title 18, United States
Code, shall not be construed to deny an owner of property
the right to contest the confiscation of assets of suspected
international terrorists under—
(A) subsection (a) of this section;
(B) the Constitution; or
18 USC 983 note.
18 USC 983 note.
18 USC 983 note.
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115 STAT. 310 PUBLIC LAW 107–56—OCT. 26, 2001
(C) subchapter II of chapter 5 of title 5, United States
Code (commonly known as the ‘‘Administrative Procedure
Act’’).
(2) SAVINGS CLAUSE.—Nothing in this section shall limit
or otherwise affect any other remedies that may be available
to an owner of property under section 983 of title 18, United
States Code, or any other provision of law.
(d) TECHNICAL CORRECTION.—Section 983(i)(2)(D) of title 18,
United States Code, is amended by inserting ‘‘or the International
Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.)’’
before the semicolon.
SEC. 317. LONG-ARM JURISDICTION OVER FOREIGN MONEY
LAUNDERERS.
Section 1956(b) of title 18, United States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and moving the margins 2
ems to the right;
(2) by inserting after ‘‘(b)’’ the following: ‘‘PENALTIES.—
‘‘(1) IN GENERAL.—’’;
(3) by inserting ‘‘, or section 1957’’ after ‘‘or (a)(3)’’; and
(4) by adding at the end the following:
‘‘(2) JURISDICTION OVER FOREIGN PERSONS.—For purposes
of adjudicating an action filed or enforcing a penalty ordered
under this section, the district courts shall have jurisdiction
over any foreign person, including any financial institution
authorized under the laws of a foreign country, against whom
the action is brought, if service of process upon the foreign
person is made under the Federal Rules of Civil Procedure
or the laws of the country in which the foreign person is
found, and—
‘‘(A) the foreign person commits an offense under subsection
(a) involving a financial transaction that occurs
in whole or in part in the United States;
‘‘(B) the foreign person converts, to his or her own
use, property in which the United States has an ownership
interest by virtue of the entry of an order of forfeiture
by a court of the United States; or
‘‘(C) the foreign person is a financial institution that
maintains a bank account at a financial institution in
the United States.
‘‘(3) COURT AUTHORITY OVER ASSETS.—A court described
in paragraph (2) may issue a pretrial restraining order or
take any other action necessary to ensure that any bank account
or other property held by the defendant in the United States
is available to satisfy a judgment under this section.
‘‘(4) FEDERAL RECEIVER.—
‘‘(A) IN GENERAL.—A court described in paragraph (2)
may appoint a Federal Receiver, in accordance with
subparagraph (B) of this paragraph, to collect, marshal,
and take custody, control, and possession of all assets of
the defendant, wherever located, to satisfy a civil judgment
under this subsection, a forfeiture judgment under section
981 or 982, or a criminal sentence under section 1957
or subsection (a) of this section, including an order of
restitution to any victim of a specified unlawful activity.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 311
‘‘(B) APPOINTMENT AND AUTHORITY.—A Federal
Receiver described in subparagraph (A)—
‘‘(i) may be appointed upon application of a Federal
prosecutor or a Federal or State regulator, by the court
having jurisdiction over the defendant in the case;
‘‘(ii) shall be an officer of the court, and the powers
of the Federal Receiver shall include the powers set
out in section 754 of title 28, United States Code;
and
‘‘(iii) shall have standing equivalent to that of a
Federal prosecutor for the purpose of submitting
requests to obtain information regarding the assets
of the defendant—
‘‘(I) from the Financial Crimes Enforcement
Network of the Department of the Treasury; or
‘‘(II) from a foreign country pursuant to a
mutual legal assistance treaty, multilateral agreement,
or other arrangement for international law
enforcement assistance, provided that such
requests are in accordance with the policies and
procedures of the Attorney General.’’.
SEC. 318. LAUNDERING MONEY THROUGH A FOREIGN BANK.
Section 1956(c) of title 18, United States Code, is amended
by striking paragraph (6) and inserting the following:
‘‘(6) the term ‘financial institution’ includes—
‘‘(A) any financial institution, as defined in section
5312(a)(2) of title 31, United States Code, or the regulations
promulgated thereunder; and
‘‘(B) any foreign bank, as defined in section 1 of the
International Banking Act of 1978 (12 U.S.C. 3101).’’.
SEC. 319. FORFEITURE OF FUNDS IN UNITED STATES INTERBANK
ACCOUNTS.
(a) FORFEITURE FROM UNITED STATES INTERBANK ACCOUNT.—
Section 981 of title 18, United States Code, is amended by adding
at the end the following:
‘‘(k) INTERBANK ACCOUNTS.—
‘‘(1) IN GENERAL.—
‘‘(A) IN GENERAL.—For the purpose of a forfeiture under
this section or under the Controlled Substances Act (21
U.S.C. 801 et seq.), if funds are deposited into an account
at a foreign bank, and that foreign bank has an interbank
account in the United States with a covered financial
institution (as defined in section 5318(j)(1) of title 31),
the funds shall be deemed to have been deposited into
the interbank account in the United States, and any
restraining order, seizure warrant, or arrest warrant in
rem regarding the funds may be served on the covered
financial institution, and funds in the interbank account,
up to the value of the funds deposited into the account
at the foreign bank, may be restrained, seized, or arrested.
‘‘(B) AUTHORITY TO SUSPEND.—The Attorney General,
in consultation with the Secretary of the Treasury, may
suspend or terminate a forfeiture under this section if
the Attorney General determines that a conflict of law
exists between the laws of the jurisdiction in which the
foreign bank is located and the laws of the United States
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115 STAT. 312 PUBLIC LAW 107–56—OCT. 26, 2001
with respect to liabilities arising from the restraint, seizure,
or arrest of such funds, and that such suspension or termination
would be in the interest of justice and would not
harm the national interests of the United States.
‘‘(2) NO REQUIREMENT FOR GOVERNMENT TO TRACE FUNDS.—
If a forfeiture action is brought against funds that are
restrained, seized, or arrested under paragraph (1), it shall
not be necessary for the Government to establish that the
funds are directly traceable to the funds that were deposited
into the foreign bank, nor shall it be necessary for the Government
to rely on the application of section 984.
‘‘(3) CLAIMS BROUGHT BY OWNER OF THE FUNDS.—If a forfeiture
action is instituted against funds restrained, seized,
or arrested under paragraph (1), the owner of the funds deposited
into the account at the foreign bank may contest the
forfeiture by filing a claim under section 983.
‘‘(4) DEFINITIONS.—For purposes of this subsection, the following
definitions shall apply:
‘‘(A) INTERBANK ACCOUNT.—The term ‘interbank
account’ has the same meaning as in section 984(c)(2)(B).
‘‘(B) OWNER.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the term ‘owner’—
‘‘(I) means the person who was the owner,
as that term is defined in section 983(d)(6), of
the funds that were deposited into the foreign
bank at the time such funds were deposited; and
‘‘(II) does not include either the foreign bank
or any financial institution acting as an intermediary
in the transfer of the funds into the interbank
account.
‘‘(ii) EXCEPTION.—The foreign bank may be considered
the ‘owner’ of the funds (and no other person
shall qualify as the owner of such funds) only if—
‘‘(I) the basis for the forfeiture action is wrongdoing
committed by the foreign bank; or
‘‘(II) the foreign bank establishes, by a preponderance
of the evidence, that prior to the restraint,
seizure, or arrest of the funds, the foreign bank
had discharged all or part of its obligation to the
prior owner of the funds, in which case the foreign
bank shall be deemed the owner of the funds to
the extent of such discharged obligation.’’.
(b) BANK RECORDS.—Section 5318 of title 31, United States
Code, as amended by this title, is amended by adding at the end
the following:
‘‘(k) BANK RECORDS RELATED TO ANTI-MONEY LAUNDERING PROGRAMS.—
‘‘(1) DEFINITIONS.—For purposes of this subsection, the following
definitions shall apply:
‘‘(A) APPROPRIATE FEDERAL BANKING AGENCY.—The
term ‘appropriate Federal banking agency’ has the same
meaning as in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813).
‘‘(B) INCORPORATED TERM.—The term ‘correspondent
account’ has the same meaning as in section 5318A(f)(1)(B).
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 313
‘‘(2) 120-HOUR RULE.—Not later than 120 hours after
receiving a request by an appropriate Federal banking agency
for information related to anti-money laundering compliance
by a covered financial institution or a customer of such institution,
a covered financial institution shall provide to the appropriate
Federal banking agency, or make available at a location
specified by the representative of the appropriate Federal
banking agency, information and account documentation for
any account opened, maintained, administered or managed in
the United States by the covered financial institution.
‘‘(3) FOREIGN BANK RECORDS.—
‘‘(A) SUMMONS OR SUBPOENA OF RECORDS.—
‘‘(i) IN GENERAL.—The Secretary of the Treasury
or the Attorney General may issue a summons or subpoena
to any foreign bank that maintains a correspondent
account in the United States and request
records related to such correspondent account,
including records maintained outside of the United
States relating to the deposit of funds into the foreign
bank.
‘‘(ii) SERVICE OF SUMMONS OR SUBPOENA.—A summons
or subpoena referred to in clause (i) may be
served on the foreign bank in the United States if
the foreign bank has a representative in the United
States, or in a foreign country pursuant to any mutual
legal assistance treaty, multilateral agreement, or
other request for international law enforcement assistance.
‘‘(B) ACCEPTANCE OF SERVICE.—
‘‘(i) MAINTAINING RECORDS IN THE UNITED
STATES.—Any covered financial institution which maintains
a correspondent account in the United States
for a foreign bank shall maintain records in the United
States identifying the owners of such foreign bank
and the name and address of a person who resides
in the United States and is authorized to accept service
of legal process for records regarding the correspondent
account.
‘‘(ii) LAW ENFORCEMENT REQUEST.—Upon receipt
of a written request from a Federal law enforcement
officer for information required to be maintained under
this paragraph, the covered financial institution shall
provide the information to the requesting officer not
later than 7 days after receipt of the request.
‘‘(C) TERMINATION OF CORRESPONDENT RELATIONSHIP.—
‘‘(i) TERMINATION UPON RECEIPT OF NOTICE.—A covered
financial institution shall terminate any correspondent
relationship with a foreign bank not later
than 10 business days after receipt of written notice
from the Secretary or the Attorney General (in each
case, after consultation with the other) that the foreign
bank has failed—
‘‘(I) to comply with a summons or subpoena
issued under subparagraph (A); or
‘‘(II) to initiate proceedings in a United States
court contesting such summons or subpoena.
Deadline.
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115 STAT. 314 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(ii) LIMITATION ON LIABILITY.—A covered financial
institution shall not be liable to any person in any
court or arbitration proceeding for terminating a correspondent
relationship in accordance with this subsection.
‘‘(iii) FAILURE TO TERMINATE RELATIONSHIP.—
Failure to terminate a correspondent relationship in
accordance with this subsection shall render the covered
financial institution liable for a civil penalty of
up to $10,000 per day until the correspondent relationship
is so terminated.’’.
(c) GRACE PERIOD.—Financial institutions shall have 60 days
from the date of enactment of this Act to comply with the provisions
of section 5318(k) of title 31, United States Code, as added by
this section.
(d) AUTHORITY TO ORDER CONVICTED CRIMINAL TO RETURN
PROPERTY LOCATED ABROAD.—
(1) FORFEITURE OF SUBSTITUTE PROPERTY.—Section 413(p)
of the Controlled Substances Act (21 U.S.C. 853) is amended
to read as follows:
‘‘(p) FORFEITURE OF SUBSTITUTE PROPERTY.—
‘‘(1) IN GENERAL.—Paragraph (2) of this subsection shall
apply, if any property described in subsection (a), as a result
of any act or omission of the defendant—
‘‘(A) cannot be located upon the exercise of due diligence;
‘‘(B) has been transferred or sold to, or deposited with,
a third party;
‘‘(C) has been placed beyond the jurisdiction of the
court;
‘‘(D) has been substantially diminished in value; or
‘‘(E) has been commingled with other property which
cannot be divided without difficulty.
‘‘(2) SUBSTITUTE PROPERTY.—In any case described in any
of subparagraphs (A) through (E) of paragraph (1), the court
shall order the forfeiture of any other property of the defendant,
up to the value of any property described in subparagraphs
(A) through (E) of paragraph (1), as applicable.
‘‘(3) RETURN OF PROPERTY TO JURISDICTION.—In the case
of property described in paragraph (1)(C), the court may, in
addition to any other action authorized by this subsection,
order the defendant to return the property to the jurisdiction
of the court so that the property may be seized and forfeited.’’.
(2) PROTECTIVE ORDERS.—Section 413(e) of the Controlled
Substances Act (21 U.S.C. 853(e)) is amended by adding at
the end the following:
‘‘(4) ORDER TO REPATRIATE AND DEPOSIT.—
‘‘(A) IN GENERAL.—Pursuant to its authority to enter
a pretrial restraining order under this section, the court
may order a defendant to repatriate any property that
may be seized and forfeited, and to deposit that property
pending trial in the registry of the court, or with the
United States Marshals Service or the Secretary of the
Treasury, in an interest-bearing account, if appropriate.
‘‘(B) FAILURE TO COMPLY.—Failure to comply with an
order under this subsection, or an order to repatriate property
under subsection (p), shall be punishable as a civil
31 USC 5318
note.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 315
or criminal contempt of court, and may also result in an
enhancement of the sentence of the defendant under the
obstruction of justice provision of the Federal Sentencing
Guidelines.’’.
SEC. 320. PROCEEDS OF FOREIGN CRIMES.
Section 981(a)(1)(B) of title 18, United States Code, is amended
to read as follows:
‘‘(B) Any property, real or personal, within the jurisdiction
of the United States, constituting, derived from, or traceable
to, any proceeds obtained directly or indirectly from an offense
against a foreign nation, or any property used to facilitate
such an offense, if the offense—
‘‘(i) involves the manufacture, importation, sale, or distribution
of a controlled substance (as that term is defined
for purposes of the Controlled Substances Act), or any
other conduct described in section 1956(c)(7)(B);
‘‘(ii) would be punishable within the jurisdiction of
the foreign nation by death or imprisonment for a term
exceeding 1 year; and
‘‘(iii) would be punishable under the laws of the United
States by imprisonment for a term exceeding 1 year, if
the act or activity constituting the offense had occurred
within the jurisdiction of the United States.’’.
SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II OF
CHAPTER 53 OF TITLE 31, UNITED STATES CODE.
(a) CREDIT UNIONS.—Subparagraph (E) of section 5312(2) of
title 31, United States Code, is amended to read as follows:
‘‘(E) any credit union;’’.
(b) FUTURES COMMISSION MERCHANT; COMMODITY TRADING
ADVISOR; COMMODITY POOL OPERATOR.—Section 5312 of title 31,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(c) ADDITIONAL DEFINITIONS.—For purposes of this subchapter,
the following definitions shall apply:
‘‘(1) CERTAIN INSTITUTIONS INCLUDED IN DEFINITION.—The
term ‘financial institution’ (as defined in subsection (a)) includes
the following:
‘‘(A) Any futures commission merchant, commodity
trading advisor, or commodity pool operator registered, or
required to register, under the Commodity Exchange Act.’’.
(c) CFTC
SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.
Section 2466 of title 18, United States Code, is amended by
designating the present matter as subsection (a), and adding at
the end the following:
‘‘(b) Subsection (a) may be applied to a claim filed by a corporation
if any majority shareholder, or individual filing the claim
on behalf of the corporation is a person to whom subsection (a)
applies.’’.
SEC. 323. ENFORCEMENT OF FOREIGN JUDGMENTS.
Section 2467 of title 28, United States Code, is amended—
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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.
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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.
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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.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 319
(2) SCOPE OF APPLICATION.—The amendment made by paragraph
(1) shall apply with respect to any application submitted
to the Board of Governors of the Federal Reserve System under
section 3 of the Bank Holding Company Act of 1956 after December
31, 2001, which has not been approved by the Board before the
date of enactment of this Act.
(b) MERGERS SUBJECT TO REVIEW UNDER FEDERAL DEPOSIT
INSURANCE ACT.—
(1) IN GENERAL.—Section 18(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1828(c)) is amended—
(A) by redesignating paragraph (11) as paragraph (12);
and
(B) by inserting after paragraph (10), the following
new paragraph:
‘‘(11) MONEY LAUNDERING.—In every case, the responsible
agency, shall take into consideration the effectiveness of any
insured depository institution involved in the proposed merger
transaction in combatting money laundering activities,
including in overseas branches.’’.
(2) SCOPE OF APPLICATION.—The amendment made by paragraph
(1) shall apply with respect to any application submitted
to the responsible agency under section 18(c) of the Federal
Deposit Insurance Act after December 31, 2001, which has
not been approved by all appropriate responsible agencies
before the date of enactment of this Act.
SEC. 328. INTERNATIONAL COOPERATION ON IDENTIFICATION OF
ORIGINATORS OF WIRE TRANSFERS.
The Secretary shall—
(1) in consultation with the Attorney General and the Secretary
of State, take all reasonable steps to encourage foreign
governments to require the inclusion of the name of the originator
in wire transfer instructions sent to the United States
and other countries, with the information to remain with the
transfer from its origination until the point of disbursement;
and
(2) report annually to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on—
(A) progress toward the goal enumerated in paragraph
(1), as well as impediments to implementation and an
estimated compliance rate; and
(B) impediments to instituting a regime in which all
appropriate identification, as defined by the Secretary,
about wire transfer recipients shall be included with wire
transfers from their point of origination until disbursement.
SEC. 329. CRIMINAL PENALTIES.
Any person who is an official or employee of any department,
agency, bureau, office, commission, or other entity of the Federal
Government, and any other person who is acting for or on behalf
of any such entity, who, directly or indirectly, in connection with
the administration of this title, corruptly demands, seeks, receives,
accepts, or agrees to receive or accept anything of value personally
or for any other person or entity in return for—
(1) being influenced in the performance of any official act;
31 USC 5311
note.
31 USC 5311
note.
12 USC 1828
note.
12 USC 1842
note.
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115 STAT. 320 PUBLIC LAW 107–56—OCT. 26, 2001
(2) being influenced to commit or aid in the committing,
or to collude in, or allow, any fraud, or make opportunity
for the commission of any fraud, on the United States; or
(3) being induced to do or omit to do any act in violation
of the official duty of such official or person,
shall be fined in an amount not more than 3 times the monetary
equivalent of the thing of value, or imprisoned for not more than
15 years, or both. A violation of this section shall be subject to
chapter 227 of title 18, United States Code, and the provisions
of the United States Sentencing Guidelines.
SEC. 330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF
MONEY LAUNDERING, FINANCIAL CRIMES, AND THE
FINANCES OF TERRORIST GROUPS.
(a) NEGOTIATIONS.—It is the sense of the Congress that the President
should direct the Secretary of State, the Attorney General,
or the Secretary of the Treasury, as appropriate, and in consultation
with the Board of Governors of the Federal Reserve System, to
seek to enter into negotiations with the appropriate financial supervisory
agencies and other officials of any foreign country the financial
institutions of which do business with United States financial
institutions or which may be utilized by any foreign terrorist
organization (as designated under section 219 of the Immigration
and Nationality Act), any person who is a member or representative
of any such organization, or any person engaged in money laundering
or financial or other crimes.
(b) PURPOSES OF NEGOTIATIONS.—It is the sense of the Congress
that, in carrying out any negotiations described in paragraph (1),
the President should direct the Secretary of State, the Attorney
General, or the Secretary of the Treasury, as appropriate, to seek
to enter into and further cooperative efforts, voluntary information
exchanges, the use of letters rogatory, mutual legal assistance treaties,
and international agreements to—
(1) ensure that foreign banks and other financial institutions
maintain adequate records of transaction and account
information relating to any foreign terrorist organization (as
designated under section 219 of the Immigration and Nationality
Act), any person who is a member or representative of
any such organization, or any person engaged in money laundering
or financial or other crimes; and
(2) establish a mechanism whereby such records may be
made available to United States law enforcement officials and
domestic financial institution supervisors, when appropriate.
Subtitle B—Bank Secrecy Act Amendments
and Related Improvements
SEC. 351. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS
ACTIVITIES.
(a) AMENDMENT RELATING TO CIVIL LIABILITY IMMUNITY FOR
DISCLOSURES.—Section 5318(g)(3) of title 31, United States Code,
is amended to read as follows:
‘‘(3) LIABILITY FOR DISCLOSURES.—
‘‘(A) IN GENERAL.—Any financial institution that makes
a voluntary disclosure of any possible violation of law or
regulation to a government agency or makes a disclosure
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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
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115 STAT. 322 PUBLIC LAW 107–56—OCT. 26, 2001
the rules of a self-regulatory organization registered
with the Securities and Exchange Commission
or the Commodity Futures Trading Commission,
except that such written reference or notice may not
disclose that such information was also included in
any such report, or that such report was made.
‘‘(ii) INFORMATION NOT REQUIRED.—Clause (i) shall
not be construed, by itself, to create any affirmative
duty to include any information described in clause
(i) in any employment reference or termination notice
referred to in clause (i).’’.
SEC. 352. ANTI-MONEY LAUNDERING PROGRAMS.
(a) IN GENERAL.—Section 5318(h) of title 31, United States
Code, is amended to read as follows:
‘‘(h) ANTI-MONEY LAUNDERING PROGRAMS.—
‘‘(1) IN GENERAL.—In order to guard against money laundering
through financial institutions, each financial institution
shall establish anti-money laundering programs, including, at
a minimum—
‘‘(A) the development of internal policies, procedures,
and controls;
‘‘(B) the designation of a compliance officer;
‘‘(C) an ongoing employee training program; and
‘‘(D) an independent audit function to test programs.
‘‘(2) REGULATIONS.—The Secretary of the Treasury, after
consultation with the appropriate Federal functional regulator
(as defined in section 509 of the Gramm-Leach-Bliley Act),
may prescribe minimum standards for programs established
under paragraph (1), and may exempt from the application
of those standards any financial institution that is not subject
to the provisions of the rules contained in part 103 of title
31, of the Code of Federal Regulations, or any successor rule
thereto, for so long as such financial institution is not subject
to the provisions of such rules.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect at the end of the 180-day period beginning on
the date of enactment of this Act.
(c) DATE OF APPLICATION OF REGULATIONS; FACTORS TO BE
TAKEN INTO ACCOUNT.—Before the end of the 180-day period beginning
on the date of enactment of this Act, the Secretary shall
prescribe regulations that consider the extent to which the requirements
imposed under this section are commensurate with the size,
location, and activities of the financial institutions to which such
regulations apply.
SEC. 353. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING
ORDERS AND CERTAIN RECORDKEEPING REQUIREMENTS,
AND LENGTHENING EFFECTIVE PERIOD OF
GEOGRAPHIC TARGETING ORDERS.
(a) CIVIL PENALTY FOR VIOLATION OF TARGETING ORDER.—
Section 5321(a)(1) of title 31, United States Code, is amended—
(1) by inserting ‘‘or order issued’’ after ‘‘subchapter or a
regulation prescribed’’; and
(2) by inserting ‘‘, or willfully violating a regulation prescribed
under section 21 of the Federal Deposit Insurance Act
31 USC 5318
note.
31 USC 5318
note.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 323
or section 123 of Public Law 91–508,’’ after ‘‘sections 5314
and 5315)’’.
(b) CRIMINAL PENALTIES FOR VIOLATION OF TARGETING
ORDER.—Section 5322 of title 31, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘or order issued’’ after ‘‘willfully violating
this subchapter or a regulation prescribed’’; and
(B) by inserting ‘‘, or willfully violating a regulation
prescribed under section 21 of the Federal Deposit Insurance
Act or section 123 of Public Law 91–508,’’ after ‘‘under
section 5315 or 5324)’’; and
(2) in subsection (b)—
(A) by inserting ‘‘or order issued’’ after ‘‘willfully violating
this subchapter or a regulation prescribed’’; and
(B) by inserting ‘‘or willfully violating a regulation
prescribed under section 21 of the Federal Deposit Insurance
Act or section 123 of Public Law 91–508,’’ after ‘‘under
section 5315 or 5324),’’.
(c) STRUCTURING TRANSACTIONS TO EVADE TARGETING ORDER
OR CERTAIN RECORDKEEPING REQUIREMENTS.—Section 5324(a) of
title 31, United States Code, is amended—
(1) by inserting a comma after ‘‘shall’’;
(2) by striking ‘‘section—’’ and inserting ‘‘section, the
reporting or recordkeeping requirements imposed by any order
issued under section 5326, or the recordkeeping requirements
imposed by any regulation prescribed under section 21 of the
Federal Deposit Insurance Act or section 123 of Public Law
91–508—’’;
(3) in paragraph (1), by inserting ‘‘, to file a report or
to maintain a record required by an order issued under section
5326, or to maintain a record required pursuant to any regulation
prescribed under section 21 of the Federal Deposit Insurance
Act or section 123 of Public Law 91–508’’ after ‘‘regulation
prescribed under any such section’’; and
(4) in paragraph (2), by inserting ‘‘, to file a report or
to maintain a record required by any order issued under section
5326, or to maintain a record required pursuant to any regulation
prescribed under section 5326, or to maintain a record
required pursuant to any regulation prescribed under section
21 of the Federal Deposit Insurance Act or section 123 of
Public Law 91–508,’’ after ‘‘regulation prescribed under any
such section’’.
(d) LENGTHENING EFFECTIVE PERIOD OF GEOGRAPHIC TARGETING
ORDERS.—Section 5326(d) of title 31, United States Code,
is amended by striking ‘‘more than 60’’ and inserting ‘‘more than
180’’.
SEC. 354. ANTI-MONEY LAUNDERING STRATEGY.
Section 5341(b) of title 31, United States Code, is amended
by adding at the end the following:
‘‘(12) DATA REGARDING FUNDING OF TERRORISM.—Data concerning
money laundering efforts related to the funding of
acts of international terrorism, and efforts directed at the
prevention, detection, and prosecution of such funding.’’.
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115 STAT. 324 PUBLIC LAW 107–56—OCT. 26, 2001
SEC. 355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL
ACTIVITY IN WRITTEN EMPLOYMENT REFERENCES.
Section 18 of the Federal Deposit Insurance Act (12 U.S.C.
1828) is amended by adding at the end the following:
‘‘(w) WRITTEN EMPLOYMENT REFERENCES MAY CONTAIN SUSPICIONS
OF INVOLVEMENT IN ILLEGAL ACTIVITY.—
‘‘(1) AUTHORITY TO DISCLOSE INFORMATION.—Notwithstanding
any other provision of law, any insured depository
institution, and any director, officer, employee, or agent of
such institution, may disclose in any written employment reference
relating to a current or former institution-affiliated party
of such institution which is provided to another insured depository
institution in response to a request from such other institution,
information concerning the possible involvement of such
institution-affiliated party in potentially unlawful activity.
‘‘(2) INFORMATION NOT REQUIRED.—Nothing in paragraph
(1) shall be construed, by itself, to create any affirmative duty
to include any information described in paragraph (1) in any
employment reference referred to in paragraph (1).
‘‘(3) MALICIOUS INTENT.—Notwithstanding any other provision
of this subsection, voluntary disclosure made by an insured
depository institution, and any director, officer, employee, or
agent of such institution under this subsection concerning
potentially unlawful activity that is made with malicious intent,
shall not be shielded from liability from the person identified
in the disclosure.
‘‘(4) DEFINITION.—For purposes of this subsection, the term
‘insured depository institution’ includes any uninsured branch
or agency of a foreign bank.’’.
SEC. 356. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES BROKERS
AND DEALERS; INVESTMENT COMPANY STUDY.
(a) DEADLINE FOR SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS
FOR REGISTERED BROKERS AND DEALERS.—The Secretary,
after consultation with the Securities and Exchange Commission
and the Board of Governors of the Federal Reserve System, shall
publish proposed regulations in the Federal Register before January
1, 2002, requiring brokers and dealers registered with the Securities
and Exchange Commission under the Securities Exchange Act of
1934 to submit suspicious activity reports under section 5318(g)
of title 31, United States Code. Such regulations shall be published
in final form not later than July 1, 2002.
(b) SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS FOR
FUTURES COMMISSION MERCHANTS, COMMODITY TRADING ADVISORS,
AND COMMODITY POOL OPERATORS.—The Secretary, in consultation
with the Commodity Futures Trading Commission, may prescribe
regulations requiring futures commission merchants, commodity
trading advisors, and commodity pool operators registered under
the Commodity Exchange Act to submit suspicious activity reports
under section 5318(g) of title 31, United States Code.
(c) REPORT ON INVESTMENT COMPANIES.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary, the Board of Governors
of the Federal Reserve System, and the Securities and
Exchange Commission shall jointly submit a report to the Congress
on recommendations for effective regulations to apply
the requirements of subchapter II of chapter 53 of title 31,
Deadline.
31 USC 5311
note.
31 USC 5318
note.
Regulations.
Federal Register,
publication.
31 USC 5318
note.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 325
United States Code, to investment companies pursuant to section
5312(a)(2)(I) of title 31, United States Code.
(2) DEFINITION.—For purposes of this subsection, the term
‘‘investment company’’—
(A) has the same meaning as in section 3 of the Investment
Company Act of 1940 (15 U.S.C. 80a–3); and
(B) includes any person that, but for the exceptions
provided for in paragraph (1) or (7) of section 3(c) of the
Investment Company Act of 1940 (15 U.S.C. 80a–3(c)),
would be an investment company.
(3) ADDITIONAL RECOMMENDATIONS.—The report required
by paragraph (1) may make different recommendations for different
types of entities covered by this subsection.
(4) BENEFICIAL OWNERSHIP OF PERSONAL HOLDING 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.
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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’’.
(c) AMENDMENT RELATING TO AVAILABILITY OF REPORTS.—Section
5319 of title 31, United States Code, is amended to read
as follows:
‘‘§ 5319. Availability of reports
‘‘The Secretary of the Treasury shall make information in a
report filed under this subchapter available to an agency, including
any State financial institutions supervisory agency, United States
intelligence agency or self-regulatory organization registered with
the Securities and Exchange Commission or the Commodity Futures
Trading Commission, upon request of the head of the agency or
organization. The report shall be available for a purpose that is
consistent with this subchapter. The Secretary may only require
reports on the use of such information by any State financial
institutions supervisory agency for other than supervisory purposes
or by United States intelligence agencies. However, a report and
records of reports are exempt from disclosure under section 552
of title 5.’’.
(d) AMENDMENT RELATING TO THE PURPOSES OF THE BANK
SECRECY ACT PROVISIONS.—Section 21(a) of the Federal Deposit
Insurance Act (12 U.S.C. 1829b(a)) is amended to read as follows:
‘‘(a) CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.—
‘‘(1) FINDINGS.—Congress finds that—
‘‘(A) adequate records maintained by insured depository
institutions have a high degree of usefulness in criminal,
tax, and regulatory investigations or proceedings, and that,
given the threat posed to the security of the Nation on
and after the terrorist attacks against the United States
on September 11, 2001, such records may also have a
high degree of usefulness in the conduct of intelligence
or counterintelligence activities, including analysis, to protect
against domestic and international terrorism; and
‘‘(B) microfilm or other reproductions and other records
made by insured depository institutions of checks, as well
as records kept by such institutions, of the identity of
persons maintaining or authorized to act with respect to
accounts therein, have been of particular value in proceedings
described in subparagraph (A).
‘‘(2) PURPOSE.—It is the purpose of this section to require
the maintenance of appropriate types of records by insured
depository institutions in the United States where such records
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 327
have a high degree of usefulness in criminal, tax, or regulatory
investigations or proceedings, recognizes that, given the threat
posed to the security of the Nation on and after the terrorist
attacks against the United States on September 11, 2001, such
records may also have a high degree of usefulness in the
conduct of intelligence or counterintelligence activities,
including analysis, to protect against international terrorism.’’.
(e) AMENDMENT RELATING TO THE PURPOSES OF THE BANK
SECRECY ACT.—Section 123(a) of Public Law 91–508 (12 U.S.C.
1953(a)) is amended to read as follows:
‘‘(a) REGULATIONS.—If the Secretary determines that the
maintenance of appropriate records and procedures by any uninsured
bank or uninsured institution, or any person engaging in
the business of carrying on in the United States any of the functions
referred to in subsection (b), has a high degree of usefulness in
criminal, tax, or regulatory investigations or proceedings, and that,
given the threat posed to the security of the Nation on and after
the terrorist attacks against the United States on September 11,
2001, such records may also have a high degree of usefulness
in the conduct of intelligence or counterintelligence activities,
including analysis, to protect against international terrorism, he
may by regulation require such bank, institution, or person.’’.
(f) AMENDMENTS TO THE RIGHT TO FINANCIAL PRIVACY ACT.—
The Right to Financial Privacy Act of 1978 is amended—
(1) in section 1112(a) (12 U.S.C. 3412(a)), by inserting
‘‘, or intelligence or counterintelligence activity, investigation
or analysis related to international terrorism’’ after ‘‘legitimate
law enforcement inquiry’’;
(2) in section 1114(a)(1) (12 U.S.C. 3414(a)(1))—
(A) in subparagraph (A), by striking ‘‘or’’ at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(C) a Government authority authorized to conduct
investigations of, or intelligence or counterintelligence analyses
related to, international terrorism for the purpose
of conducting such investigations or analyses.’’; and
(3) in section 1120(a)(2) (12 U.S.C. 3420(a)(2)), by inserting
‘‘, or for a purpose authorized by section 1112(a)’’ before the
semicolon at the end.
(g) AMENDMENT TO THE FAIR CREDIT REPORTING ACT.—
(1) IN GENERAL.—The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended—
(A) by redesignating the second of the 2 sections designated
as section 624 (15 U.S.C. 1681u) (relating to disclosure
to FBI for counterintelligence purposes) as section
625; and
(B) by adding at the end the following new section:
‘‘§626. Disclosures to governmental agencies for
counterterrorism purposes
‘‘(a) DISCLOSURE.—Notwithstanding section 604 or any other
provision of this title, a consumer reporting agency shall furnish
a consumer report of a consumer and all other information in
a consumer’s file to a government agency authorized to conduct
investigations of, or intelligence or counterintelligence activities
or analysis related to, international terrorism when presented with
15 USC 1681v.
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115 STAT. 328 PUBLIC LAW 107–56—OCT. 26, 2001
a written certification by such government agency that such
information is necessary for the agency’s conduct or such investigation,
activity or analysis.
‘‘(b) FORM OF CERTIFICATION.—The certification described in
subsection (a) shall be signed by a supervisory official designated
by the head of a Federal agency or an officer of a Federal agency
whose appointment to office is required to be made by the President,
by and with the advice and consent of the Senate.
‘‘(c) CONFIDENTIALITY.—No consumer reporting agency, or
officer, employee, or agent of such consumer reporting agency, shall
disclose to any person, or specify in any consumer report, that
a government agency has sought or obtained access to information
under subsection (a).
‘‘(d) RULE OF CONSTRUCTION.—Nothing in section 625 shall
be construed to limit the authority of the Director of the Federal
Bureau of Investigation under this section.
‘‘(e) SAFE HARBOR.—Notwithstanding any other provision of
this title, any consumer reporting agency or agent or employee
thereof making disclosure of consumer reports or other information
pursuant to this section in good-faith reliance upon a certification
of a governmental agency pursuant to the provisions of this section
shall not be liable to any person for such disclosure under this
subchapter, the constitution of any State, or any law or regulation
of any State or any political subdivision of any State.’’.
(2) CLERICAL AMENDMENTS.—The table of sections for the
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended—
(A) by redesignating the second of the 2 items designated
as section 624 as section 625; and
(B) by inserting after the item relating to section 625
(as so redesignated) the following new item:
‘‘626. Disclosures to governmental agencies for counterterrorism purposes.’’.
(h) APPLICATION OF AMENDMENTS.—The amendments made by
this section shall apply with respect to reports filed or records
maintained on, before, or after the date of enactment of this Act.
SEC. 359. REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND
BANKING SYSTEMS.
(a) DEFINITION FOR SUBCHAPTER.—Section 5312(a)(2)(R) of title
31, United States Code, is amended to read as follows:
‘‘(R) a licensed sender of money or any other person
who engages as a business in the transmission of funds,
including any person who engages as a business in an
informal money transfer system or any network of people
who engage as a business in facilitating the transfer of
money domestically or internationally outside of the
conventional financial institutions system;’’.
(b) MONEY TRANSMITTING BUSINESS.—Section 5330(d)(1)(A) of
title 31, United States Code, is amended by inserting before the
semicolon the following: ‘‘or any other person who engages as a
business in the transmission of funds, including any person who
engages as a business in an informal money transfer system or
any network of people who engage as a business in facilitating
the transfer of money domestically or internationally outside of
the conventional financial institutions system;’’.
(c) APPLICABILITY OF RULES.—Section 5318 of title 31, United
States Code, as amended by this title, is amended by adding at
the end the following:
12 USC 1829b
note.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 329
‘‘(l) APPLICABILITY OF RULES.—Any rules promulgated pursuant
to the authority contained in section 21 of the Federal Deposit
Insurance Act (12 U.S.C. 1829b) shall apply, in addition to any
other financial institution to which such rules apply, to any person
that engages as a business in the transmission of funds, including
any person who engages as a business in an informal money transfer
system or any network of people who engage as a business in
facilitating the transfer of money domestically or internationally
outside of the conventional financial institutions system.’’.
(d) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary of the Treasury shall report to Congress
on the need for any additional legislation relating to persons who
engage as a business in an informal money transfer system or
any network of people who engage as a business in facilitating
the transfer of money domestically or internationally outside of
the conventional financial institutions system, counter money laundering
and regulatory controls relating to underground money movement
and banking systems, including whether the threshold for
the filing of suspicious activity reports under section 5318(g) of
title 31, United States Code should be lowered in the case of
such systems.
SEC. 360. USE OF AUTHORITY OF UNITED STATES EXECUTIVE DIRECTORS.
(a) ACTION BY THE PRESIDENT.—If the President determines
that a particular foreign country has taken or has committed to
take actions that contribute to efforts of the United States to
respond to, deter, or prevent acts of international terrorism, the
Secretary may, consistent with other applicable provisions of law,
instruct the United States Executive Director of each international
financial institution to use the voice and vote of the Executive
Director to support any loan or other utilization of the funds of
respective institutions for such country, or any public or private
entity within such country.
(b) USE OF VOICE AND VOTE.—The Secretary may instruct
the United States Executive Director of each international financial
institution to aggressively use the voice and vote of the Executive
Director to require an auditing of disbursements at such institutions
to ensure that no funds are paid to persons who commit, threaten
to commit, or support terrorism.
(c) DEFINITION.—For purposes of this section, the term ‘‘international
financial institution’’ means an institution described in
section 1701(c)(2) of the International Financial Institutions Act
(22 U.S.C. 262r(c)(2)).
SEC. 361. FINANCIAL CRIMES ENFORCEMENT NETWORK.
(a) IN GENERAL.—Subchapter I of chapter 3 of title 31, United
States Code, is amended—
(1) by redesignating section 310 as section 311; and
(2) by inserting after section 309 the following new section:
‘‘§ 310. Financial Crimes Enforcement Network
‘‘(a) IN GENERAL.—The Financial Crimes Enforcement Network
established by order of the Secretary of the Treasury (Treasury
Order Numbered 105-08, in this section referred to as ‘FinCEN’)
on April 25, 1990, shall be a bureau in the Department of the
Treasury.
‘‘(b) DIRECTOR.—
22 USC 262p–4r.
Deadline.
31 USC 5311
note.
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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.
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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
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115 STAT. 332 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(C) how information about activities or relationships
which involve or are closely associated with the exercise
of constitutional rights is to be screened out of the data
maintenance system.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for FinCEN such sums as may be necessary
for fiscal years 2002, 2003, 2004, and 2005.’’.
(b) COMPLIANCE WITH REPORTING REQUIREMENTS.—The Secretary
of the Treasury shall study methods for improving compliance
with the reporting requirements established in section 5314 of
title 31, United States Code, and shall submit a report on such
study to the Congress by the end of the 6-month period beginning
on the date of enactment of this Act and each 1-year period thereafter.
The initial report shall include historical data on compliance
with such reporting requirements.
(c) CLERICAL AMENDMENT.—The table of sections for subchapter
I of chapter 3 of title 31, United States Code, is amended—
(1) by redesignating the item relating to section 310 as
section 311; and
(2) by inserting after the item relating to section 309 the
following new item:
‘‘310. Financial Crimes Enforcement Network.’’.
SEC. 362. ESTABLISHMENT OF HIGHLY SECURE NETWORK.
(a) IN GENERAL.—The Secretary shall establish a highly secure
network in the Financial Crimes Enforcement Network that—
(1) allows financial institutions to file reports required
under subchapter II or III of chapter 53 of title 31, United
States Code, chapter 2 of Public Law 91–508, or section 21
of the Federal Deposit Insurance Act through the secure network;
and
(2) provides financial institutions with alerts and other
information regarding suspicious activities that warrant immediate
and enhanced scrutiny.
(b) EXPEDITED DEVELOPMENT.—The Secretary shall take such
action as may be necessary to ensure that the secure network
required under subsection (a) is fully operational before the end
of the 9-month period beginning on the date of enactment of this
Act.
SEC. 363. INCREASE IN CIVIL AND CRIMINAL PENALTIES FOR MONEY
LAUNDERING.
(a) CIVIL PENALTIES.—Section 5321(a) of title 31, United States
Code, is amended by adding at the end the following:
‘‘(7) PENALTIES FOR INTERNATIONAL COUNTER MONEY LAUNDERING
VIOLATIONS.—The Secretary may impose a civil money
penalty in an amount equal to not less than 2 times the
amount of the transaction, but not more than $1,000,000, on
any financial institution or agency that violates any provision
of subsection (i) or (j) of section 5318 or any special measures
imposed under section 5318A.’’.
(b) CRIMINAL PENALTIES.—Section 5322 of title 31, United
States Code, is amended by adding at the end the following:
‘‘(d) A financial institution or agency that violates any provision
of subsection (i) or (j) of section 5318, or any special measures
imposed under section 5318A, or any regulation prescribed under
subsection (i) or (j) of section 5318 or section 5318A, shall be
31 USC 310 note.
31 USC 5314
note.
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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
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115 STAT. 334 PUBLIC LAW 107–56—OCT. 26, 2001
Enforcement Network at such time and in such manner as the
Secretary may, by regulation, prescribe.
‘‘(b) FORM AND MANNER OF REPORTS.—A report is described
in this subsection if such report—
‘‘(1) is in such form as the Secretary may prescribe;
‘‘(2) contains—
‘‘(A) the name and address, and such other identification
information as the Secretary may require, of the person
from whom the coins or currency was received;
‘‘(B) the amount of coins or currency received;
‘‘(C) the date and nature of the transaction; and
‘‘(D) such other information, including the identification
of the person filing the report, as the Secretary may
prescribe.
‘‘(c) EXCEPTIONS.—
‘‘(1) AMOUNTS RECEIVED BY FINANCIAL INSTITUTIONS.—Subsection
(a) shall not apply to amounts received in a transaction
reported under section 5313 and regulations prescribed under
such section.
‘‘(2) TRANSACTIONS OCCURRING OUTSIDE THE UNITED
STATES.—Except to the extent provided in regulations prescribed
by the Secretary, subsection (a) shall not apply to
any transaction if the entire transaction occurs outside the
United States.
‘‘(d) CURRENCY INCLUDES FOREIGN CURRENCY AND CERTAIN
MONETARY INSTRUMENTS.—
‘‘(1) IN GENERAL.—For purposes of this section, the term
‘currency’ includes—
‘‘(A) foreign currency; and
‘‘(B) to the extent provided in regulations prescribed
by the Secretary, any monetary instrument (whether or
not in bearer form) with a face amount of not more than
$10,000.
‘‘(2) SCOPE OF APPLICATION.—Paragraph (1)(B) shall not
apply to any check drawn on the account of the writer in
a financial institution referred to in subparagraph (A), (B),
(C), (D), (E), (F), (G), (J), (K), (R), or (S) of section 5312(a)(2).’’.
(b) PROHIBITION ON STRUCTURING TRANSACTIONS.—
(1) IN GENERAL.—Section 5324 of title 31, United States
Code, is amended—
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by inserting after subsection (a) the following new
subsection:
‘‘(b) DOMESTIC COIN AND CURRENCY TRANSACTIONS INVOLVING
NONFINANCIAL TRADES OR BUSINESSES.—No person shall, for the
purpose of evading the report requirements of section 5333 or
any regulation prescribed under such section—
‘‘(1) cause or attempt to cause a nonfinancial trade or
business to fail to file a report required under section 5333
or any regulation prescribed under such section;
‘‘(2) cause or attempt to cause a nonfinancial trade or
business to file a report required under section 5333 or any
regulation prescribed under such section that contains a material
omission or misstatement of fact; or
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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)’’.
(c) DEFINITION OF NONFINANCIAL TRADE OR BUSINESS.—
(1) IN GENERAL.—Section 5312(a) of title 31, United States
Code, is amended—
(A) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(B) by inserting after paragraph (3) the following new
paragraph:
‘‘(4) NONFINANCIAL TRADE OR BUSINESS.—The term ‘nonfinancial
trade or business’ means any trade or business other
than a financial institution that is subject to the reporting
requirements of section 5313 and regulations prescribed under
such section.’’.
(2) TECHNICAL AND CONFORMING AMENDMENTS.—
(A) Section 5312(a)(3)(C) of title 31, United States
Code, is amended by striking ‘‘section 5316,’’ and inserting
‘‘sections 5333 and 5316,’’.
(B) Subsections (a) through (f) of section 5318 of title
31, United States Code, and sections 5321, 5326, and 5328
of such title are each amended—
(i) by inserting ‘‘or nonfinancial trade or business’’
after ‘‘financial institution’’ each place such term
appears; and
(ii) by inserting ‘‘or nonfinancial trades or
businesses’’ after ‘‘financial institutions’’ each place
such term appears.
(c) CLERICAL AMENDMENT.—The table of sections for chapter
53 of title 31, United States Code, is amended by inserting after
the item relating to section 5332 (as added by section 112 of this
title) the following new item:
‘‘5331. Reports relating to coins and currency received in nonfinancial trade or business.’’.
(f) REGULATIONS.—Regulations which the Secretary determines
are necessary to implement this section shall be published in final
form before the end of the 6-month period beginning on the date
of enactment of this Act.
SEC. 366. EFFICIENT USE OF CURRENCY TRANSACTION REPORT
SYSTEM.
(a) FINDINGS.—The Congress finds the following:
(1) The Congress established the currency transaction
reporting requirements in 1970 because the Congress found
then that such reports have a high degree of usefulness in
criminal, tax, and regulatory investigations and proceedings
and the usefulness of such reports has only increased in the
years since the requirements were established.
(2) In 1994, in response to reports and testimony that
excess amounts of currency transaction reports were interfering
31 USC 5313
note.
Publication.
31 USC 5331
note.
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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.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 337
placed in a foreign financial institution or sold on the black
market.
(3) The transportation and smuggling of cash in bulk form
may now be the most common form of money laundering,
and the movement of large sums of cash is one of the most
reliable warning signs of drug trafficking, terrorism, money
laundering, racketeering, tax evasion and similar crimes.
(4) The intentional transportation into or out of the United
States of large amounts of currency or monetary instruments,
in a manner designed to circumvent the mandatory reporting
provisions of subchapter II of chapter 53 of title 31, United
States Code,, is the equivalent of, and creates the same harm
as, the smuggling of goods.
(5) The arrest and prosecution of bulk cash smugglers
are important parts of law enforcement’s effort to stop the
laundering of criminal proceeds, but the couriers who attempt
to smuggle the cash out of the United States are typically
low-level employees of large criminal organizations, and thus
are easily replaced. Accordingly, only the confiscation of the
smuggled bulk cash can effectively break the cycle of criminal
activity of which the laundering of the bulk cash is a critical
part.
(6) The current penalties for violations of the currency
reporting requirements are insufficient to provide a deterrent
to the laundering of criminal proceeds. In particular, in cases
where the only criminal violation under current law is a
reporting offense, the law does not adequately provide for the
confiscation of smuggled currency. In contrast, if the smuggling
of bulk cash were itself an offense, the cash could be confiscated
as the corpus delicti of the smuggling offense.
(b) PURPOSES.—The purposes of this section are—
(1) to make the act of smuggling bulk cash itself a criminal
offense;
(2) to authorize forfeiture of any cash or instruments of
the smuggling offense; and
(3) to emphasize the seriousness of the act of bulk cash
smuggling.
(c) ENACTMENT OF BULK CASH SMUGGLING OFFENSE.—Subchapter
II of chapter 53 of title 31, United States Code, is amended
by adding at the end the following:
‘‘§ 5332. Bulk cash smuggling into or out of the United States
‘‘(a) CRIMINAL OFFENSE.—
‘‘(1) IN GENERAL.—Whoever, with the intent to evade a
currency reporting requirement under section 5316, knowingly
conceals more than $10,000 in currency or other monetary
instruments on the person of such individual or in any conveyance,
article of luggage, merchandise, or other container, and
transports or transfers or attempts to transport or transfer
such currency or monetary instruments from a place within
the United States to a place outside of the United States,
or from a place outside the United States to a place within
the United States, shall be guilty of a currency smuggling
offense and subject to punishment pursuant to subsection (b).
‘‘(2) CONCEALMENT ON PERSON.—For purposes of this section,
the concealment of currency on the person of any individual
includes concealment in any article of clothing worn
31 USC 5332
note.
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115 STAT. 338 PUBLIC LAW 107–56—OCT. 26, 2001
by the individual or in any luggage, backpack, or other container
worn or carried by such individual.
‘‘(b) PENALTY.—
‘‘(1) TERM OF IMPRISONMENT.—A person convicted of a currency
smuggling offense under subsection (a), or a conspiracy
to commit such offense, shall be imprisoned for not more than
5 years.
‘‘(2) FORFEITURE.—In addition, the court, in imposing sentence
under paragraph (1), shall order that the defendant forfeit
to the United States, any property, real or personal, involved
in the offense, and any property traceable to such property,
subject to subsection (d) of this section.
‘‘(3) PROCEDURE.—The seizure, restraint, and forfeiture of
property under this section shall be governed by section 413
of the Controlled Substances Act.
‘‘(4) PERSONAL MONEY JUDGMENT.—If the property subject
to forfeiture under paragraph (2) is unavailable, and the defendant
has insufficient substitute property that may be forfeited
pursuant to section 413(p) of the Controlled Substances Act,
the court shall enter a personal money judgment against the
defendant for the amount that would be subject to forfeiture.
‘‘(c) CIVIL FORFEITURE.—
‘‘(1) IN GENERAL.—Any property involved in a violation
of subsection (a), or a conspiracy to commit such violation,
and any property traceable to such violation or conspiracy,
may be seized and, subject to subsection (d) of this section,
forfeited to the United States.
‘‘(2) PROCEDURE.—The seizure and forfeiture shall be governed
by the procedures governing civil forfeitures in money
laundering cases pursuant to section 981(a)(1)(A) of title 18,
United States Code.
‘‘(3) TREATMENT OF CERTAIN PROPERTY AS INVOLVED IN THE
OFFENSE.—For purposes of this subsection and subsection (b),
any currency or other monetary instrument that is concealed
or intended to be concealed in violation of subsection (a) or
a conspiracy to commit such violation, any article, container,
or conveyance used, or intended to be used, to conceal or
transport the currency or other monetary instrument, and any
other property used, or intended to be used, to facilitate the
offense, shall be considered property involved in the offense.’’.
(c) CLERICAL AMENDMENT.—The table of sections for subchapter
II of chapter 53 of title 31, United States Code, is amended by
inserting after the item relating to section 5331, as added by this
Act, the following new item:
‘‘5332. Bulk cash smuggling into or out of the United States.’’.
SEC. 372. FORFEITURE IN CURRENCY REPORTING CASES.
(a) IN GENERAL.—Subsection (c) of section 5317 of title 31,
United States Code, is amended to read as follows:
‘‘(c) FORFEITURE.—
‘‘(1) CRIMINAL FORFEITURE.—
‘‘(A) IN GENERAL.—The court in imposing sentence for
any violation of section 5313, 5316, or 5324 of this title,
or any conspiracy to commit such violation, shall order
the defendant to forfeit all property, real or personal,
involved in the offense and any property traceable thereto.
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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
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115 STAT. 340 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(3) the term ‘State’ means any State of the United States,
the District of Columbia, the Northern Mariana Islands, and
any commonwealth, territory, or possession of the United
States.’’.
(b) SEIZURE OF ILLEGALLY TRANSMITTED FUNDS.—Section
981(a)(1)(A) of title 18, United States Code, is amended by striking
‘‘or 1957’’ and inserting ‘‘, 1957 or 1960’’.
(c) CLERICAL AMENDMENT.—The table of sections for chapter
95 of title 18, United States Code, is amended in the item relating
to section 1960 by striking ‘‘illegal’’ and inserting ‘‘unlicensed’’.
SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.
(a) COUNTERFEIT ACTS COMMITTED OUTSIDE THE UNITED
STATES.—Section 470 of title 18, United States Code, is amended—
(1) in paragraph (2), by inserting ‘‘analog, digital, or electronic
image,’’ after ‘‘plate, stone,’’; and
(2) by striking ‘‘shall be fined under this title, imprisoned
not more than 20 years, or both’’ and inserting ‘‘shall be punished
as is provided for the like offense within the United
States’’.
(b) OBLIGATIONS OR SECURITIES OF THE UNITED STATES.—Section
471 of title 18, United States Code, is amended by striking
‘‘fifteen years’’ and inserting ‘‘20 years’’.
(c) UTTERING COUNTERFEIT OBLIGATIONS OR SECURITIES.—Section
472 of title 18, United States Code, is amended by striking
‘‘fifteen years’’ and inserting ‘‘20 years’’.
(d) DEALING IN COUNTERFEIT OBLIGATIONS OR SECURITIES.—
Section 473 of title 18, United States Code, is amended by striking
‘‘ten years’’ and inserting ‘‘20 years’’.
(e) PLATES, STONES, OR ANALOG, DIGITAL, OR ELECTRONIC
IMAGES FOR COUNTERFEITING OBLIGATIONS OR SECURITIES.—
(1) IN GENERAL.—Section 474(a) of title 18, United States
Code, is amended by inserting after the second paragraph the
following new paragraph:
‘‘Whoever, with intent to defraud, makes, executes, acquires,
scans, captures, records, receives, transmits, reproduces, sells, or
has in such person’s control, custody, or possession, an analog,
digital, or electronic image of any obligation or other security of
the United States; or’’.
(2) AMENDMENT TO DEFINITION.—Section 474(b) of title 18,
United States Code, is amended by striking the first sentence
and inserting the following new sentence: ‘‘For purposes of
this section, the term ‘analog, digital, or electronic image’
includes any analog, digital, or electronic method used for the
making, execution, acquisition, scanning, capturing, recording,
retrieval, transmission, or reproduction of any obligation or
security, unless such use is authorized by the Secretary of
the Treasury.’’.
(3) TECHNICAL AND CONFORMING AMENDMENT.—The
heading for section 474 of title 18, United States Code, is
amended by striking ‘‘
or stones’’ and inserting ‘‘, stones, oranalog, digital, or electronic images
’’.(4) CLERICAL AMENDMENT.—The table of sections for
chapter 25 of title 18, United States Code, is amended in
the item relating to section 474 by striking ‘‘or stones’’ and
inserting ‘‘, stones, or analog, digital, or electronic images’’.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 341
(f) TAKING IMPRESSIONS OF TOOLS USED FOR OBLIGATIONS OR
SECURITIES.—Section 476 of title 18, United States Code, is
amended—
(1) by inserting ‘‘analog, digital, or electronic image,’’ after
‘‘impression, stamp,’’; and
(2) by striking ‘‘ten years’’ and inserting ‘‘25 years’’.
(g) POSSESSING OR SELLING IMPRESSIONS OF TOOLS USED FOR
OBLIGATIONS OR SECURITIES.—Section 477 of title 18, United States
Code, is amended—
(1) in the first paragraph, by inserting ‘‘analog, digital,
or electronic image,’’ after ‘‘imprint, stamp,’’;
(2) in the second paragraph, by inserting ‘‘analog, digital,
or electronic image,’’ after ‘‘imprint, stamp,’’; and
(3) in the third paragraph, by striking ‘‘ten years’’ and
inserting ‘‘25 years’’.
(h) CONNECTING PARTS OF DIFFERENT NOTES.—Section 484 of
title 18, United States Code, is amended by striking ‘‘five years’’
and inserting ‘‘10 years’’.
(i) BONDS AND OBLIGATIONS OF CERTAIN LENDING AGENCIES.—
The first and second paragraphs of section 493 of title 18, United
States Code, are each amended by striking ‘‘five years’’ and inserting
‘‘10 years’’.
SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.
(a) FOREIGN OBLIGATIONS OR SECURITIES.—Section 478 of title
18, United States Code, is amended by striking ‘‘five years’’ and
inserting ‘‘20 years’’.
(b) UTTERING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURITIES.—
Section 479 of title 18, United States Code, is amended
by striking ‘‘three years’’ and inserting ‘‘20 years’’.
(c) POSSESSING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURITIES.—
Section 480 of title 18, United States Code, is amended
by striking ‘‘one year’’ and inserting ‘‘20 years’’.
(d) PLATES, STONES, OR ANALOG, DIGITAL, OR ELECTRONIC
IMAGES FOR COUNTERFEITING FOREIGN OBLIGATIONS OR 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, oranalog, digital, or electronic images
’’.(4) CLERICAL AMENDMENT.—The table of sections for
chapter 25 of title 18, United States Code, is amended in
the item relating to section 481 by striking ‘‘or stones’’ and
inserting ‘‘, stones, or analog, digital, or electronic images’’.
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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.
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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.
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115 STAT. 344 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(2) to establish the conditions for the use of the information
received from the Federal Bureau of Investigation, in order—
‘‘(A) to limit the redissemination of such information;
‘‘(B) to ensure that such information is used solely
to determine whether or not to issue a visa to an alien
or to admit an alien to the United States;
‘‘(C) to ensure the security, confidentiality, and destruction
of such information; and
‘‘(D) to protect any privacy rights of individuals who
are subjects of such information.’’.
(b) REPORTING REQUIREMENT.—Not later than 2 years after
the date of enactment of this Act, the Attorney General and the
Secretary of State jointly shall report to Congress on the
implementation of the amendments made by this section.
(c) TECHNOLOGY STANDARD TO CONFIRM IDENTITY.—
(1) IN GENERAL.—The Attorney General and the Secretary
of State jointly, through the National Institute of Standards
and Technology (NIST), and in consultation with the Secretary
of the Treasury and other Federal law enforcement and intelligence
agencies the Attorney General or Secretary of State
deems appropriate and in consultation with Congress, shall
within 2 years after the date of the enactment of this section,
develop and certify a technology standard that can be used
to verify the identity of persons applying for a United States
visa or such persons seeking to enter the United States pursuant
to a visa for the purposes of conducting background checks,
confirming identity, and ensuring that a person has not received
a visa under a different name or such person seeking to enter
the United States pursuant to a visa.
(2) INTEGRATED.—The technology standard developed
pursuant to paragraph (1), shall be the technological basis
for a cross-agency, cross-platform electronic system that is a
cost-effective, efficient, fully integrated means to share law
enforcement and intelligence information necessary to confirm
the identity of such persons applying for a United States visa
or such person seeking to enter the United States pursuant
to a visa.
(3) ACCESSIBLE.—The electronic system described in paragraph
(2), once implemented, shall be readily and easily accessible
to—
(A) all consular officers responsible for the issuance
of visas;
(B) all Federal inspection agents at all United States
border inspection points; and
(C) all law enforcement and intelligence officers as
determined by regulation to be responsible for investigation
or identification of aliens admitted to the United States
pursuant to a visa.
(4) REPORT.—Not later than 18 months after the date of
the enactment of this Act, and every 2 years thereafter, the
Attorney General and the Secretary of State shall jointly, in
consultation with the Secretary of Treasury, report to Congress
describing the development, implementation, efficacy, and privacy
implications of the technology standard and electronic
database system described in this subsection.
(5) FUNDING.—There is authorized to be appropriated to
the Secretary of State, the Attorney General, and the Director
Deadline.
Deadline.
8 USC 1379.
Deadline.
8 USC 1105 note.
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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 thefunds 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.
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115 STAT. 346 PUBLIC LAW 107–56—OCT. 26, 2001
(i) by amending subclause (IV) to read as follows:
‘‘(IV) is a representative (as defined in clause
(v)) of—
‘‘(aa) a foreign terrorist organization, as
designated by the Secretary of State under
section 219, or
‘‘(bb) a political, social or other similar
group whose public endorsement of acts of terrorist
activity the Secretary of State has determined
undermines United States efforts to
reduce or eliminate terrorist activities,’’;
(ii) in subclause (V), by inserting ‘‘or’’ after ‘‘section
219,’’; and
(iii) by adding at the end the following new subclauses:
‘‘(VI) has used the alien’s position of prominence
within any country to endorse or espouse
terrorist activity, or to persuade others to support
terrorist activity or a terrorist organization, in a
way that the Secretary of State has determined
undermines United States efforts to reduce or
eliminate terrorist activities, or
‘‘(VII) is the spouse or child of an alien who
is inadmissible under this section, if the activity
causing the alien to be found inadmissible occurred
within the last 5 years,’’;
(B) by redesignating clauses (ii), (iii), and (iv) as clauses
(iii), (iv), and (v), respectively;
(C) in clause (i)(II), by striking ‘‘clause (iii)’’ and
inserting ‘‘clause (iv)’’;
(D) by inserting after clause (i) the following:
‘‘(ii) EXCEPTION.—Subclause (VII) of clause (i) does
not apply to a spouse or child—
‘‘(I) who did not know or should not reasonably
have known of the activity causing the alien to
be found inadmissible under this section; or
‘‘(II) whom the consular officer or Attorney
General has reasonable grounds to believe has
renounced the activity causing the alien to be
found inadmissible under this section.’’;
(E) in clause (iii) (as redesignated by subparagraph
(B))—
(i) by inserting ‘‘it had been’’ before ‘‘committed
in the United States’’; and
(ii) in subclause (V)(b), by striking ‘‘or firearm’’
and inserting ‘‘, firearm, or other weapon or dangerous
device’’;
(F) by amending clause (iv) (as redesignated by
subparagraph (B)) to read as follows:
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED.—
As used in this chapter, the term ‘engage in terrorist
activity’ means, in an individual capacity or as a
member of an organization—
‘‘(I) to commit or to incite to commit, under
circumstances indicating an intention to cause
death or serious bodily injury, a terrorist activity;
‘‘(II) to prepare or plan a terrorist activity;
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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—
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115 STAT. 348 PUBLIC LAW 107–56—OCT. 26, 2001
‘‘(I) designated under section 219;
‘‘(II) otherwise designated, upon publication
in the Federal Register, by the Secretary of State
in consultation with or upon the request of the
Attorney General, as a terrorist organization, after
finding that the organization engages in the activities
described in subclause (I), (II), or (III) of clause
(iv), or that the organization provides material
support to further terrorist activity; or
‘‘(III) that is a group of two or more individuals,
whether organized or not, which engages in
the activities described in subclause (I), (II), or
(III) of clause (iv).’’; and
(2) by adding at the end the following new subparagraph:
‘‘(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS.—
Any alien who the Secretary of State, after consultation
with the Attorney General, or the Attorney General, after
consultation with the Secretary of State, determines has
been associated with a terrorist organization and intends
while in the United States to engage solely, principally,
or incidentally in activities that could endanger the welfare,
safety, or security of the United States is inadmissible.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 237(a)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ‘‘section
212(a)(3)(B)(iii)’’ and inserting ‘‘section 212(a)(3)(B)(iv)’’.
(2) Section 208(b)(2)(A)(v) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking
‘‘or (IV)’’ and inserting ‘‘(IV), or (VI)’’.
(c) RETROACTIVE APPLICATION OF AMENDMENTS.—
(1) IN GENERAL.—Except as otherwise provided in this subsection,
the amendments made by this section shall take effect
on the date of the enactment of this Act and shall apply
to—
(A) actions taken by an alien before, on, or after such
date; and
(B) all aliens, without regard to the date of entry
or attempted entry into the United States—
(i) in removal proceedings on or after such date
(except for proceedings in which there has been a final
administrative decision before such date); or
(ii) seeking admission to the United States on or
after such date.
(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION
PROCEEDINGS.—Notwithstanding any other provision of law,
sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and
Nationality Act, as amended by this Act, shall apply to all
aliens in exclusion or deportation proceedings on or after the
date of the enactment of this Act (except for proceedings in
which there has been a final administrative decision before
such date) as if such proceedings were removal proceedings.
(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS AND
ORGANIZATIONS DESIGNATED UNDER SECTION
212(a)(3)(B)(vi)(II).—
(A) IN GENERAL.—Notwithstanding paragraphs (1) and
(2), no alien shall be considered inadmissible under section
212(a)(3) of the Immigration and Nationality Act (8 U.S.C.
8 USC 1182 note.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 349
1182(a)(3)), or deportable under section 237(a)(4)(B) of such
Act (8 U.S.C. 1227(a)(4)(B)), by reason of the amendments
made by subsection (a), on the ground that the alien
engaged in a terrorist activity described in subclause
(IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of
such Act (as so amended) with respect to a group at any
time when the group was not a terrorist organization designated
by the Secretary of State under section 219 of
such Act (8 U.S.C. 1189) or otherwise designated under
section 212(a)(3)(B)(vi)(II) of such Act (as so amended).
(B) STATUTORY CONSTRUCTION.—Subparagraph (A)
shall not be construed to prevent an alien from being
considered inadmissible or deportable for having engaged
in a terrorist activity—
(i) described in subclause (IV)(bb), (V)(bb), or
(VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a terrorist organization at
any time when such organization was designated by
the Secretary of State under section 219 of such Act
or otherwise designated under section
212(a)(3)(B)(vi)(II) of such Act (as so amended); or
(ii) described in subclause (IV)(cc), (V)(cc), or
(VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a terrorist organization
described in section 212(a)(3)(B)(vi)(III) of such Act
(as so amended).
(4) EXCEPTION.—The Secretary of State, in consultation
with the Attorney General, may determine that the amendments
made by this section shall not apply with respect to
actions by an alien taken outside the United States before
the date of the enactment of this Act upon the recommendation
of a consular officer who has concluded that there is not reasonable
ground to believe that the alien knew or reasonably should
have known that the actions would further a terrorist activity.
(c) DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.—Section
219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)) is amended—
(1) in paragraph (1)(B), by inserting ‘‘or terrorism (as
defined in section 140(d)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)),
or retains the capability and intent to engage in terrorist
activity or terrorism’’ after ‘‘212(a)(3)(B)’’;
(2) in paragraph (1)(C), by inserting ‘‘or terrorism’’ after
‘‘terrorist activity’’;
(3) by amending paragraph (2)(A) to read as follows:
‘‘(A) NOTICE.—
‘‘(i) TO CONGRESSIONAL LEADERS.—Seven days
before making a designation under this subsection,
the Secretary shall, by classified communication, notify
the Speaker and Minority Leader of the House of Representatives,
the President pro tempore, Majority
Leader, and Minority Leader of the Senate, and the
members of the relevant committees of the House of
Representatives and the Senate, in writing, of the
Classified
information.
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115 STAT. 350 PUBLIC LAW 107–56—OCT. 26, 2001
intent to designate an organization under this subsection,
together with the findings made under paragraph
(1) with respect to that organization, and the
factual basis therefor.
‘‘(ii) PUBLICATION IN FEDERAL REGISTER.—The Secretary
shall publish the designation in the Federal
Register seven days after providing the notification
under clause (i).’’;
(4) in paragraph (2)(B)(i), by striking ‘‘subparagraph (A)’’
and inserting ‘‘subparagraph (A)(ii)’’;
(5) in paragraph (2)(C), by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraph (2)(A)(i)’’;
(6) in paragraph (3)(B), by striking ‘‘subsection (c)’’ and
inserting ‘‘subsection (b)’’;
(7) in paragraph (4)(B), by inserting after the first sentence
the following: ‘‘The Secretary also may redesignate such
organization at the end of any 2-year redesignation period
(but not sooner than 60 days prior to the termination of such
period) for an additional 2-year period upon a finding that
the relevant circumstances described in paragraph (1) still exist.
Any redesignation shall be effective immediately following the
end of the prior 2-year designation or redesignation period
unless a different effective date is provided in such redesignation.’’;
(8) in paragraph (6)(A)—
(A) by inserting ‘‘or a redesignation made under paragraph
(4)(B)’’ after ‘‘paragraph (1)’’;
(B) in clause (i)—
(i) by inserting ‘‘or redesignation’’ after ‘‘designation’’
the first place it appears; and
(ii) by striking ‘‘of the designation’’; and
(C) in clause (ii), by striking ‘‘of the designation’’;
(9) in paragraph (6)(B)—
(A) by striking ‘‘through (4)’’ and inserting ‘‘and (3)’’;
and
(B) by inserting at the end the following new sentence:
‘‘Any revocation shall take effect on the date specified in
the revocation or upon publication in the Federal Register
if no effective date is specified.’’;
(10) in paragraph (7), by inserting ‘‘, or the revocation
of a redesignation under paragraph (6),’’ after ‘‘paragraph (5)
or (6)’’; and
(11) in paragraph (8)—
(A) by striking ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph
(2)(B), or if a redesignation under this subsection
has become effective under paragraph (4)(B)’’;
(B) by inserting ‘‘or an alien in a removal proceeding’’
after ‘‘criminal action’’; and
(C) by inserting ‘‘or redesignation’’ before ‘‘as a
defense’’.
SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS;
HABEAS CORPUS; JUDICIAL REVIEW.
(a) IN GENERAL.—The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by inserting after section 236
the following:
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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.
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115 STAT. 352 PUBLIC LAW 107–56—OCT. 26, 2001
with this subsection. Except as provided in the preceding sentence,
no court shall have jurisdiction to review, by habeas
corpus petition or otherwise, any such action or decision.
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision
of law, including section 2241(a) of title 28, United
States Code, habeas corpus proceedings described in paragraph
(1) may be initiated only by an application filed
with—
‘‘(i) the Supreme Court;
‘‘(ii) any justice of the Supreme Court;
‘‘(iii) any circuit judge of the United States Court
of Appeals for the District of Columbia Circuit; or
‘‘(iv) any district court otherwise having jurisdiction
to entertain it.
‘‘(B) APPLICATION TRANSFER.—Section 2241(b) of title
28, United States Code, shall apply to an application for
a writ of habeas corpus described in subparagraph (A).
‘‘(3) APPEALS.—Notwithstanding any other provision of law,
including section 2253 of title 28, in habeas corpus proceedings
described in paragraph (1) before a circuit or district judge,
the final order shall be subject to review, on appeal, by the
United States Court of Appeals for the District of Columbia
Circuit. There shall be no right of appeal in such proceedings
to any other circuit court of appeals.
‘‘(4) RULE OF DECISION.—The law applied by the Supreme
Court and the United States Court of Appeals for the District
of Columbia Circuit shall be regarded as the rule of decision
in habeas corpus proceedings described in paragraph (1).
‘‘(c) STATUTORY CONSTRUCTION.—The provisions of this section
shall not be applicable to any other provision of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 236 the following:
‘‘Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial review.’’.
(c) REPORTS.—Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the Attorney
General shall submit a report to the Committee on the Judiciary
of the House of Representatives and the Committee on the Judiciary
of the Senate, with respect to the reporting period, on—
(1) the number of aliens certified under section 236A(a)(3)
of the Immigration and Nationality Act, as added by subsection
(a);
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so certified;
and
(5) the number of aliens so certified who—
(A) were granted any form of relief from removal;
(B) were removed;
(C) the Attorney General has determined are no longer
aliens who may be so certified; or
(D) were released from detention.
Deadline.
8 USC 1226a
note.
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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.
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115 STAT. 354 PUBLIC LAW 107–56—OCT. 26, 2001
(2) the development of tamper-resistant documents readable
at ports of entry.
(c) INTERFACE WITH LAW ENFORCEMENT DATABASES.—The
entry and exit data system described in this section shall be able
to interface with law enforcement databases for use by Federal
law enforcement to identify and detain individuals who pose a
threat to the national security of the United States.
(d) REPORT ON SCREENING INFORMATION.—Not later than 12
months after the date of enactment of this Act, the Office of Homeland
Security shall submit a report to Congress on the information
that is needed from any United States agency to effectively screen
visa applicants and applicants for admission to the United States
to identify those affiliated with terrorist organizations or those
that pose any threat to the safety or security of the United States,
including the type of information currently received by United
States agencies and the regularity with which such information
is transmitted to the Secretary of State and the Attorney General.
SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON
ENTRY-EXIT TASK FORCE.
Section 3 of the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106–215) is
amended by striking ‘‘and the Secretary of the Treasury,’’ and
inserting ‘‘the Secretary of the Treasury, and the Office of Homeland
Security’’.
SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.
(a) FULL IMPLEMENTATION AND EXPANSION OF FOREIGN 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.
(c) EXPANSION OF SYSTEM TO INCLUDE OTHER APPROVED EDUCATIONAL
INSTITUTIONS.—Section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1372)
is amended—
(1) in subsection (a)(1), subsection (c)(4)(A), and subsection
(d)(1) (in the text above subparagraph (A)), by inserting ‘‘,
other approved educational institutions,’’ after ‘‘higher education’’
each place it appears;
(2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by
inserting ‘‘, or other approved educational institution,’’ after
‘‘higher education’’ each place it appears;
(3) in subsections (d)(2), (e)(1), and (e)(2), by inserting
‘‘, other approved educational institution,’’ after ‘‘higher education’’
each place it appears; and
(4) in subsection (h), by adding at the end the following
new paragraph:
‘‘(3) OTHER APPROVED EDUCATIONAL INSTITUTION.—The
term ‘other approved educational institution’ includes any air
flight school, language training school, or vocational school,
8 USC 1372 note.
8 USC 1372 note.
8 USC 1365a
note.
Deadline.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 355
approved by the Attorney General, in consultation with the
Secretary of Education and the Secretary of State, under
subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Department of Justice $36,800,000 for
the period beginning on the date of enactment of this Act and
ending on January 1, 2003, to fully implement and expand prior
to January 1, 2003, the program established by section 641(a)
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1372(a)).
SEC. 417. MACHINE READABLE PASSPORTS.
(a) AUDITS.—The Secretary of State shall, each fiscal year until
September 30, 2007—
(1) perform annual audits of the implementation of section
217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(B));
(2) check for the implementation of precautionary measures
to prevent the counterfeiting and theft of passports; and
(3) ascertain that countries designated under the visa
waiver program have established a program to develop tamperresistant
passports.
(b) PERIODIC REPORTS.—Beginning one year after the date of
enactment of this Act, and every year thereafter until 2007, the
Secretary of State shall submit a report to Congress setting forth
the findings of the most recent audit conducted under subsection
(a)(1).
(c) ADVANCING DEADLINE FOR SATISFACTION OF REQUIREMENT.—
Section 217(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1187(a)(3)) is amended by striking ‘‘2007’’ and inserting
‘‘2003’’.
(d) WAIVER.—Section 217(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1187(a)(3)) is amended—
(1) by striking ‘‘On or after’’ and inserting the following:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), on or after’’; and
(2) by adding at the end the following:
‘‘(B) LIMITED WAIVER AUTHORITY.—For the period
beginning October 1, 2003, and ending September 30, 2007,
the Secretary of State may waive the requirement of
subparagraph (A) with respect to nationals of a program
country (as designated under subsection (c)), if the Secretary
of State finds that the program country—
‘‘(i) is making progress toward ensuring that passports
meeting the requirement of subparagraph (A)
are generally available to its nationals; and
‘‘(ii) has taken appropriate measures to protect
against misuse of passports the country has issued
that do not meet the requirement of subparagraph
(A).’’.
SEC. 418. PREVENTION OF CONSULATE SHOPPING.
(a) REVIEW.—The Secretary of State shall review how consular
officers issue visas to determine if consular shopping is a problem.
8 USC 1201 note.
Effective date.
Termination
date.
Federal Register,
publication.
Termination
date.
8 USC 1187 note.
Termination
date.
8 USC 1187 note.
Federal Register,
publication.
Termination
date.
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115 STAT. 356 PUBLIC LAW 107–56—OCT. 26, 2001
(b) ACTIONS TO BE TAKEN.—If the Secretary of State determines
under subsection (a) that consular shopping is a problem, the Secretary
shall take steps to address the problem and shall submit
a report to Congress describing what action was taken.
Subtitle C—Preservation of Immigration
Benefits for Victims of Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL.—For purposes of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), the Attorney General may provide
an alien described in subsection (b) with the status of a special
immigrant under section 101(a)(27) of such Act (8 U.S.C.
1101(a(27)), if the alien—
(1) files with the Attorney General a petition under section
204 of such Act (8 U.S.C. 1154) for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence, except in determining such admissibility, the grounds
for inadmissibility specified in section 212(a)(4) of such Act
(8 U.S.C. 1182(a)(4)) shall not apply.
(b) ALIENS DESCRIBED.—
(1) PRINCIPAL ALIENS.—An alien is described in this subsection
if—
(A) the alien was the beneficiary of—
(i) a petition that was filed with the Attorney
General on or before September 11, 2001—
(I) under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) to classify the alien
as a family-sponsored immigrant under section
203(a) of such Act (8 U.S.C. 1153(a)) or as an
employment-based immigrant under section 203(b)
of such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8 U.S.C. 1184(d))
of such Act to authorize the issuance of a nonimmigrant
visa to the alien under section
101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K));
or
(ii) an application for labor certification under section
212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A))
that was filed under regulations of the Secretary of
Labor on or before such date; and
(B) such petition or application was revoked or terminated
(or otherwise rendered null), either before or after
its approval, due to a specified terrorist activity that
directly resulted in—
(i) the death or disability of the petitioner,
applicant, or alien beneficiary; or
(ii) loss of employment due to physical damage
to, or destruction of, the business of the petitioner
or applicant.
(2) SPOUSES AND CHILDREN.—
(A) IN GENERAL.—An alien is described in this subsection
if—
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 357
(i) the alien was, on September 10, 2001, the
spouse or child of a principal alien described in paragraph
(1); and
(ii) the alien—
(I) is accompanying such principal alien; or
(II) is following to join such principal alien
not later than September 11, 2003.
(B) CONSTRUCTION.—For purposes of construing the
terms ‘‘accompanying’’ and ‘‘following to join’’ in subparagraph
(A)(ii), any death of a principal alien that is described
in paragraph (1)(B)(i) shall be disregarded.
(3) GRANDPARENTS OF ORPHANS.—An alien is described in
this subsection if the alien is a grandparent of a child, both
of whose parents died as a direct result of a specified terrorist
activity, if either of such deceased parents was, on September
10, 2001, a citizen or national of the United States or an
alien lawfully admitted for permanent residence in the United
States.
(c) PRIORITY DATE.—Immigrant visas made available under
this section shall be issued to aliens in the order in which a
petition on behalf of each such alien is filed with the Attorney
General under subsection (a)(1), except that if an alien was assigned
a priority date with respect to a petition described in subsection
(b)(1)(A)(i), the alien may maintain that priority date.
(d) NUMERICAL LIMITATIONS.—For purposes of the application
of sections 201 through 203 of the Immigration and Nationality
Act (8 U.S.C. 1151–1153) in any fiscal year, aliens eligible to be
provided status under this section shall be treated as special
immigrants described in section 101(a)(27) of such Act (8 U.S.C.
1101(a)(27)) who are not described in subparagraph (A), (B), (C),
or (K) of such section.
SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STATUS.—
(1) IN GENERAL.—Notwithstanding section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184), in the case
of an alien described in paragraph (2) who was lawfully present
in the United States as a nonimmigrant on September 10,
2001, the alien may remain lawfully in the United States
in the same nonimmigrant status until the later of—
(A) the date such lawful nonimmigrant status otherwise
would have terminated if this subsection had not
been enacted; or
(B) 1 year after the death or onset of disability
described in paragraph (2).
(2) ALIENS DESCRIBED.—
(A) PRINCIPAL ALIENS.—An alien is described in this
paragraph if the alien was disabled as a direct result
of a specified terrorist activity.
(B) SPOUSES AND CHILDREN.—An alien is described
in this paragraph if the alien was, on September 10, 2001,
the spouse or child of—
(i) a principal alien described in subparagraph (A);
or
(ii) an alien who died as a direct result of a specified
terrorist activity.
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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.—
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 359
(A) FILING DELAYS.—For purposes of paragraph (1),
circumstances preventing an alien from timely acting are—
(i) office closures;
(ii) mail or courier service cessations or delays;
and
(iii) other closures, cessations, or delays affecting
case processing or travel necessary to satisfy legal
requirements.
(B) DEPARTURE AND RETURN DELAYS.—For purposes
of paragraphs (2) and (3), circumstances preventing an
alien from timely acting are—
(i) office closures;
(ii) airline flight cessations or delays; and
(iii) other closures, cessations, or delays affecting
case processing or travel necessary to satisfy legal
requirements.
(c) DIVERSITY IMMIGRANTS.—
(1) WAIVER OF FISCAL YEAR LIMITATION.—Notwithstanding
section 203(e)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(e)(2)), an immigrant visa number issued to an
alien under section 203(c) of such Act for fiscal year 2001
may be used by the alien during the period beginning on
October 1, 2001, and ending on April 1, 2002, if the alien
establishes that the alien was prevented from using it during
fiscal year 2001 as a direct result of a specified terrorist activity.
(2) WORLDWIDE LEVEL.—In the case of an alien entering
the United States as a lawful permanent resident, or adjusting
to that status, under paragraph (1) or (3), the alien shall
be counted as a diversity immigrant for fiscal year 2001 for
purposes of section 201(e) of the Immigration and Nationality
Act (8 U.S.C. 1151(e)), unless the worldwide level under such
section for such year has been exceeded, in which case the
alien shall be counted as a diversity immigrant for fiscal year
2002.
(3) TREATMENT OF FAMILY MEMBERS OF CERTAIN ALIENS.—
In the case of a principal alien issued an immigrant visa
number under section 203(c) of the Immigration and Nationality
Act (8 U.S.C. 1153(c)) for fiscal year 2001, if such principal
alien died as a direct result of a specified terrorist activity,
the aliens who were, on September 10, 2001, the spouse and
children of such principal alien shall, until June 30, 2002,
if not otherwise entitled to an immigrant status and the immediate
issuance of a visa under subsection (a), (b), or (c) of
section 203 of such Act, be entitled to the same status, and
the same order of consideration, that would have been provided
to such alien spouse or child under section 203(d) of such
Act as if the principal alien were not deceased and as if the
spouse or child’s visa application had been adjudicated by September
30, 2001.
(4) CIRCUMSTANCES PREVENTING TIMELY ACTION.—For purposes
of paragraph (1), circumstances preventing an alien from
using an immigrant visa number during fiscal year 2001 are—
(A) office closures;
(B) mail or courier service cessations or delays;
(C) airline flight cessations or delays; and
(D) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
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115 STAT. 360 PUBLIC LAW 107–56—OCT. 26, 2001
(d) EXTENSION OF EXPIRATION OF IMMIGRANT VISAS.—
(1) IN GENERAL.—Notwithstanding the limitations under
section 221(c) of the Immigration and Nationality Act (8 U.S.C.
1201(c)), in the case of any immigrant visa issued to an alien
that expires or expired before December 31, 2001, if the alien
was unable to effect entry into the United States as a direct
result of a specified terrorist activity, then the period of validity
of the visa is extended until December 31, 2001, unless a
longer period of validity is otherwise provided under this subtitle.
(2) CIRCUMSTANCES PREVENTING ENTRY.—For purposes of
this subsection, circumstances preventing an alien from
effecting entry into the United States are—
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
(e) GRANTS OF PAROLE EXTENDED.—
(1) IN GENERAL.—In the case of any parole granted by
the Attorney General under section 212(d)(5) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a
date on or after September 11, 2001, if the alien beneficiary
of the parole was unable to return to the United States prior
to the expiration date as a direct result of a specified terrorist
activity, the parole is deemed extended for an additional 90
days.
(2) CIRCUMSTANCES PREVENTING RETURN.—For purposes of
this subsection, circumstances preventing an alien from timely
returning to the United States are—
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements.
(f) VOLUNTARY DEPARTURE.—Notwithstanding section 240B of
the Immigration and Nationality Act (8 U.S.C. 1229c), if a period
for voluntary departure under such section expired during the
period beginning on September 11, 2001, and ending on October
11, 2001, such voluntary departure period is deemed extended for
an additional 30 days.
SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES
AND CHILDREN.
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) SPOUSES.—Notwithstanding the second sentence of section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the
spouse of a citizen of the United States at the time of the
citizen’s death and was not legally separated from the citizen
at the time of the citizen’s death, if the citizen died as a
direct result of a specified terrorist activity, the alien (and
each child of the alien) shall be considered, for purposes of
section 201(b) of such Act, to remain an immediate relative
after the date of the citizen’s death, but only if the alien
files a petition under section 204(a)(1)(A)(ii) of such Act within
2 years after such date and only until the date the alien
remarries. For purposes of such section 204(a)(1)(A)(ii), an alien
granted relief under the preceding sentence shall be considered
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 361
an alien spouse described in the second sentence of section
201(b)(2)(A)(i) of such Act.
(2) CHILDREN.—
(A) IN GENERAL.—In the case of an alien who was
the child of a citizen of the United States at the time
of the citizen’s death, if the citizen died as a direct result
of a specified terrorist activity, the alien shall be considered,
for purposes of section 201(b) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate
relative after the date of the citizen’s death (regardless
of changes in age or marital status thereafter), but
only if the alien files a petition under subparagraph (B)
within 2 years after such date.
(B) PETITIONS.—An alien described in subparagraph
(A) may file a petition with the Attorney General for classification
of the alien under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
For purposes of such Act, such a petition shall be considered
a petition filed under section 204(a)(1)(A) of such Act (8
U.S.C. 1154(a)(1)(A)).
(b) SPOUSES, CHILDREN, UNMARRIED SONS AND DAUGHTERS OF
LAWFUL PERMANENT RESIDENT ALIENS.—
(1) IN GENERAL.—Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is included
in a petition for classification as a family-sponsored immigrant
under section 203(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1153(a)(2)) that was filed by such alien before
September 11, 2001, shall be considered (if the spouse, child,
son, or daughter has not been admitted or approved for lawful
permanent residence by such date) a valid petitioner for preference
status under such section with the same priority date
as that assigned prior to the death described in paragraph
(3)(A). No new petition shall be required to be filed. Such
spouse, child, son, or daughter may be eligible for deferred
action and work authorization.
(2) SELF-PETITIONS.—Any spouse, child, or unmarried son
or daughter of an alien described in paragraph (3) who is
not a beneficiary of a petition for classification as a familysponsored
immigrant under section 203(a)(2) of the Immigration
and Nationality Act may file a petition for such classification
with the Attorney General, if the spouse, child, son, or daughter
was present in the United States on September 11, 2001. Such
spouse, child, son, or daughter may be eligible for deferred
action and work authorization.
(3) ALIENS DESCRIBED.—An alien is described in this paragraph
if the alien—
(A) died as a direct result of a specified terrorist
activity; and
(B) on the day of such death, was lawfully admitted
for permanent residence in the United States.
(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY SURVIVING
SPOUSES AND CHILDREN OF EMPLOYMENT-BASED IMMIGRANTS.—
(1) IN GENERAL.—Any alien who was, on September 10,
2001, the spouse or child of an alien described in paragraph
(2), and who applied for adjustment of status prior to the
death described in paragraph (2)(A), may have such application
adjudicated as if such death had not occurred.
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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
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 363
is not required to promulgate regulations prior to implementing
this subtitle.
SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF
TERRORISTS.
Notwithstanding any other provision of this subtitle, nothing
in this subtitle shall be construed to provide any benefit or relief
to—
(1) any individual culpable for a specified terrorist activity;
or
(2) any family member of any individual described in paragraph
(1).
SEC. 428. DEFINITIONS.
(a) APPLICATION OF IMMIGRATION AND NATIONALITY ACT 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.
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115 STAT. 364 PUBLIC LAW 107–56—OCT. 26, 2001
SEC. 502. SECRETARY OF STATE’S AUTHORITY TO PAY REWARDS.
Section 36 of the State Department Basic Authorities Act of
1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended—
(1) in subsection (b)—
(A) in paragraph (4), by striking ‘‘or’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘, including by dismantling an organization
in whole or significant part; or’’; and
(C) by adding at the end the following:
‘‘(6) the identification or location of an individual who holds
a key leadership position in a terrorist organization.’’;
(2) in subsection (d), by striking paragraphs (2) and (3)
and redesignating paragraph (4) as paragraph (2); and
(3) in subsection (e)(1), by inserting ‘‘, except as personally
authorized by the Secretary of State if he determines that
offer or payment of an award of a larger amount is necessary
to combat terrorism or defend the Nation against terrorist
acts.’’ after ‘‘$5,000,000’’.
SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT
OFFENDERS.
Section 3(d)(2) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as follows:
‘‘(2) In addition to the offenses described in paragraph
(1), the following offenses shall be treated for purposes of this
section as qualifying Federal offenses, as determined by the
Attorney General:
‘‘(A) Any offense listed in section 2332b(g)(5)(B) of title
18, United States Code.
‘‘(B) Any crime of violence (as defined in section 16
of title 18, United States Code).
‘‘(C) Any attempt or conspiracy to commit any of the
above offenses.’’.
SEC. 504. COORDINATION WITH LAW ENFORCEMENT.
(a) INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE.—
Section 106 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1806), is amended by adding at the end the
following:
‘‘(k)(1) Federal officers who conduct electronic surveillance to
acquire foreign intelligence information under this title may consult
with Federal law enforcement officers to coordinate efforts to investigate
or protect against—
‘‘(A) actual or potential attack or other grave hostile acts
of a foreign power or an agent of a foreign power;
‘‘(B) sabotage or international terrorism by a foreign power
or an agent of a foreign power; or
‘‘(C) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a
foreign power.
‘‘(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 104(a)(7)(B) or the
entry of an order under section 105.’’.
(b) INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.—Section
305 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1825) is amended by adding at the end the following:
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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
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115 STAT. 366 PUBLIC LAW 107–56—OCT. 26, 2001
person is not conducted solely upon the basis of activities protected
by the first amendment to the Constitution of the United
States.’’.
(c) CONSUMER REPORTS.—Section 624 of the Fair Credit
Reporting Act (15 U.S.C. 1681u) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special
Agent in Charge of a Bureau field office designated by
the Director’’ after ‘‘designee’’ the first place it appears;
and
(B) by striking ‘‘in writing that’’ and all that follows
through the end and inserting the following: ‘‘in writing,
that such information is sought for the conduct of an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided
that such an investigation of a United States person is
not conducted solely upon the basis of activities protected
by the first amendment to the Constitution of the United
States.’’;
(2) in subsection (b)—
(A) by inserting ‘‘in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special
Agent in Charge of a Bureau field office designated by
the Director’’ after ‘‘designee’’ the first place it appears;
and
(B) by striking ‘‘in writing that’’ and all that follows
through the end and inserting the following: ‘‘in writing
that such information is sought for the conduct of an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided
that such an investigation of a United States person is
not conducted solely upon the basis of activities protected
by the first amendment to the Constitution of the United
States.’’; and
(3) in subsection (c)—
(A) by inserting ‘‘in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by
the Director’’ after ‘‘designee of the Director’’; and
(B) by striking ‘‘in camera that’’ and all that follows
through ‘‘States.’’ and inserting the following: ‘‘in camera
that the consumer report is sought for the conduct of an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided
that such an investigation of a United States person is
not conducted solely upon the basis of activities protected
by the first amendment to the Constitution of the United
States.’’.
SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.
(a) CONCURRENT JURISDICTION UNDER 18 U.S.C. 1030.—Section
1030(d) of title 18, United States Code, is amended to read as
follows:
‘‘(d)(1) The United States Secret Service shall, in addition to
any other agency having such authority, have the authority to
investigate offenses under this section.
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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.
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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.
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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.
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115 STAT. 370 PUBLIC LAW 107–56—OCT. 26, 2001
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply to any death or disability occurring on or after January
1, 2001.
SEC. 614. OFFICE OF JUSTICE PROGRAMS.
Section 112 of title I of section 101(b) of division A of Public
Law 105–277 and section 108(a) of appendix A of Public Law
106–113 (113 Stat. 1501A–20) are amended—
(1) after ‘‘that Office’’, each place it occurs, by inserting
‘‘(including, notwithstanding any contrary provision of law
(unless the same should expressly refer to this section), any
organization that administers any program established in title
1 of Public Law 90–351)’’; and
(2) by inserting ‘‘functions, including any’’ after ‘‘all’’.
Subtitle B—Amendments to the Victims of
Crime Act of 1984
SEC. 621. CRIME VICTIMS FUND.
(a) DEPOSIT OF GIFTS IN THE FUND.—Section 1402(b) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(b)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) any gifts, bequests, or donations to the Fund from
private entities or individuals.’’.
(b) FORMULA FOR FUND DISTRIBUTIONS.—Section 1402(c) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended
to read as follows:
‘‘(c) FUND DISTRIBUTION; RETENTION OF SUMS IN FUND; AVAILABILITY
FOR EXPENDITURE WITHOUT FISCAL YEAR LIMITATION.—
‘‘(1) Subject to the availability of money in the Fund, in
each fiscal year, beginning with fiscal year 2003, the Director
shall distribute not less than 90 percent nor more than 110
percent of the amount distributed from the Fund in the previous
fiscal year, except the Director may distribute up to 120 percent
of the amount distributed in the previous fiscal year in any
fiscal year that the total amount available in the Fund is
more than 2 times the amount distributed in the previous
fiscal year.
‘‘(2) In each fiscal year, the Director shall distribute
amounts from the Fund in accordance with subsection (d).
All sums not distributed during a fiscal year shall remain
in reserve in the Fund to be distributed during a subsequent
fiscal year. Notwithstanding any other provision of law, all
sums deposited in the Fund that are not distributed shall
remain in reserve in the Fund for obligation in future fiscal
years, without fiscal year limitation.’’.
(c) ALLOCATION OF FUNDS FOR COSTS AND GRANTS.—Section
1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(4)) is amended—
(1) by striking ‘‘deposited in’’ and inserting ‘‘to be distributed
from’’;
(2) in subparagraph (A), by striking ‘‘48.5’’ and inserting
‘‘47.5’’;
42 USC 3751
note.
42 USC 3796
note.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 371
(3) in subparagraph (B), by striking ‘‘48.5’’ and inserting
‘‘47.5’’; and
(4) in subparagraph (C), by striking ‘‘3’’ and inserting ‘‘5’’.
(d) ANTITERRORISM EMERGENCY RESERVE.—Section 1402(d)(5)
of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is
amended to read as follows:
‘‘(5)(A) In addition to the amounts distributed under paragraphs
(2), (3), and (4), the Director may set aside up to
$50,000,000 from the amounts transferred to the Fund in
response to the airplane hijackings and terrorist acts that
occurred on September 11, 2001, as an antiterrorism emergency
reserve. The Director may replenish any amounts expended
from such reserve in subsequent fiscal years by setting aside
up to 5 percent of the amounts remaining in the Fund in
any fiscal year after distributing amounts under paragraphs
(2), (3) and (4). Such reserve shall not exceed $50,000,000.
‘‘(B) The antiterrorism emergency reserve referred to in
subparagraph (A) may be used for supplemental grants under
section 1404B and to provide compensation to victims of international
terrorism under section 1404C.
‘‘(C) Amounts in the antiterrorism emergency reserve established
pursuant to subparagraph (A) may be carried over from
fiscal year to fiscal year. Notwithstanding subsection (c) and
section 619 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
2001 (and any similar limitation on Fund obligations in any
future Act, unless the same should expressly refer to this
section), any such amounts carried over shall not be subject
to any limitation on obligations from amounts deposited to
or available in the Fund.’’.
(e) VICTIMS OF SEPTEMBER 11, 2001.—Amounts transferred to
the Crime Victims Fund for use in responding to the airplane
hijackings and terrorist acts (including any related search, rescue,
relief, assistance, or other similar activities) that occurred on September
11, 2001, shall not be subject to any limitation on obligations
from amounts deposited to or available in the Fund,
notwithstanding—
(1) section 619 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2001, and any similar limitation on Fund obligations in
such Act for Fiscal Year 2002; and
(2) subsections (c) and (d) of section 1402 of the Victims
of Crime Act of 1984 (42 U.S.C. 10601).
SEC. 622. CRIME VICTIM COMPENSATION.
(a) ALLOCATION OF FUNDS FOR COMPENSATION AND ASSISTANCE.—
Paragraphs (1) and (2) of section 1403(a) of the Victims
of Crime Act of 1984 (42 U.S.C. 10602(a)) are amended by inserting
‘‘in fiscal year 2002 and of 60 percent in subsequent fiscal years’’
after ‘‘40 percent’’.
(b) LOCATION OF COMPENSABLE CRIME.—Section 1403(b)(6)(B)
of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B))
is amended by striking ‘‘are outside the United States (if the
compensable crime is terrorism, as defined in section 2331 of title
18), or’’.
(c) RELATIONSHIP OF CRIME VICTIM COMPENSATION TO MEANSTESTED
FEDERAL BENEFIT PROGRAMS.—Section 1403 of the Victims
42 USC 10601
note.
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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.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 373
(2) in subparagraph (E), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) does not discriminate against victims because they
disagree with the way the State is prosecuting the criminal
case.’’.
(c) GRANTS FOR PROGRAM EVALUATION AND COMPLIANCE
EFFORTS.—Section 1404(c)(1)(A) of the Victims of Crime Act of
1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting ‘‘, program
evaluation, compliance efforts,’’ after ‘‘demonstration projects’’.
(d) ALLOCATION OF DISCRETIONARY GRANTS.—Section 1404(c)(2)
of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is
amended—
(1) in subparagraph (A), by striking ‘‘not more than’’ and
inserting ‘‘not less than’’; and
(2) in subparagraph (B), by striking ‘‘not less than’’ and
inserting ‘‘not more than’’.
(e) FELLOWSHIPS AND CLINICAL INTERNSHIPS.—Section
1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(3))
is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at the end;
(2) in subparagraph (D), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) use funds made available to the Director under
this subsection—
‘‘(i) for fellowships and clinical internships; and
‘‘(ii) to carry out programs of training and special
workshops for the presentation and dissemination of
information resulting from demonstrations, surveys,
and special projects.’’.
SEC. 624. VICTIMS OF TERRORISM.
(a) COMPENSATION AND ASSISTANCE TO VICTIMS OF DOMESTIC
TERRORISM.—Section 1404B(b) of the Victims of Crime Act of 1984
(42 U.S.C. 10603b(b)) is amended to read as follows:
‘‘(b) VICTIMS OF TERRORISM WITHIN THE UNITED STATES.—The
Director may make supplemental grants as provided in section
1402(d)(5) to States for eligible crime victim compensation and
assistance programs, and to victim service organizations, public
agencies (including Federal, State, or local governments) and nongovernmental
organizations that provide assistance to victims of
crime, which shall be used to provide emergency relief, including
crisis response efforts, assistance, compensation, training and technical
assistance, and ongoing assistance, including during any investigation
or prosecution, to victims of terrorist acts or mass violence
occurring within the United States.’’.
(b) ASSISTANCE TO VICTIMS OF INTERNATIONAL TERRORISM.—
Section 1404B(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C.
10603b(a)(1)) is amended by striking ‘‘who are not persons eligible
for compensation under title VIII of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986’’.
(c) COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.—
Section 1404C(b) of the Victims of Crime of 1984 (42 U.S.C.
10603c(b)) is amended by adding at the end the following: ‘‘The
amount of compensation awarded to a victim under this subsection
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115 STAT. 374 PUBLIC LAW 107–56—OCT. 26, 2001
shall be reduced by any amount that the victim received in connection
with the same act of international terrorism under title VIII
of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.’’.
TITLE VII—INCREASED INFORMATION
SHARING FOR CRITICAL INFRASTRUCTURE
PROTECTION
SEC. 701. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM
TO FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCEMENT
RESPONSE RELATED TO TERRORIST ATTACKS.
Section 1301 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796h) is amended—
(1) in subsection (a), by inserting ‘‘and terrorist conspiracies
and activities’’ after ‘‘activities’’;
(2) in subsection (b)—
(A) in paragraph (3), by striking ‘‘and’’ after the semicolon;
(B) by redesignating paragraph (4) as paragraph (5);
and
(C) by inserting after paragraph (3) the following:
‘‘(4) establishing and operating secure information sharing
systems to enhance the investigation and prosecution abilities
of participating enforcement agencies in addressing multi-jurisdictional
terrorist conspiracies and activities; and (5)’’; and
(3) by inserting at the end the following:
‘‘(d) AUTHORIZATION OF APPROPRIATION TO THE BUREAU OF 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
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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
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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
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 377
of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft
piracy) of title 49, shall be fined under this title or imprisoned
not more than ten years, or both.’’.
‘‘(b) A violation of this section may be prosecuted in any Federal
judicial district in which the underlying offense was committed,
or in any other Federal judicial district as provided by law.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
113B of title 18, United States Code, is amended by inserting
after the item for section 2338 the following:
‘‘2339. Harboring or concealing terrorists.’’.
SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES
ABROAD.
Section 7 of title 18, United States Code, is amended by adding
at the end the following:
‘‘(9) With respect to offenses committed by or against a
national of the United States as that term is used in section
101 of the Immigration and Nationality Act—
‘‘(A) the premises of United States diplomatic, consular,
military or other United States Government missions or
entities in foreign States, including the buildings, parts
of buildings, and land appurtenant or ancillary thereto
or used for purposes of those missions or entities, irrespective
of ownership; and
‘‘(B) residences in foreign States and the land appurtenant
or ancillary thereto, irrespective of ownership, used
for purposes of those missions or entities or used by United
States personnel assigned to those missions or entities.
Nothing in this paragraph shall be deemed to supersede any
treaty or international agreement with which this paragraph
conflicts. This paragraph does not apply with respect to an
offense committed by a person described in section 3261(a)
of this title.’’.
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
(a) IN GENERAL.—Section 2339A of title 18, United States Code,
is amended—
(1) in subsection (a)—
(A) by striking ‘‘, within the United States,’’;
(B) by inserting ‘‘229,’’ after ‘‘175,’’;
(C) by inserting ‘‘1993,’’ after ‘‘1992,’’;
(D) by inserting ‘‘, section 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2284),’’ after ‘‘of this title’’;
(E) by inserting ‘‘or 60123(b)’’ after ‘‘46502’’; and
(F) by inserting at the end the following: ‘‘A violation
of this section may be prosecuted in any Federal judicial
district in which the underlying offense was committed,
or in any other Federal judicial district as provided by
law.’’; and
(2) in subsection (b)—
(A) by striking ‘‘or other financial securities’’ and
inserting ‘‘or monetary instruments or financial securities’’;
and
(B) by inserting ‘‘expert advice or assistance,’’ after
‘‘training,’’.
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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.
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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
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115 STAT. 380 PUBLIC LAW 107–56—OCT. 26, 2001
the indictment is found or the information is instituted within
8 years after the offense was committed. Notwithstanding the preceding
sentence, offenses listed in section 3295 are subject to the
statute of limitations set forth in that section.
‘‘(b) NO LIMITATION.—Notwithstanding any other law, an indictment
may be found or an information instituted at any time without
limitation for any offense listed in section 2332b(g)(5)(B), if the
commission of such offense resulted in, or created a forseeable
risk of, death or serious bodily injury to another person.’’.
(b) APPLICATION.—The amendments made by this section shall
apply to the prosecution of any offense committed before, on, or
after the date of the enactment of this section.
SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM
OFFENSES.
(a) ARSON.—Section 81 of title 18, United States Code, is
amended in the second undesignated paragraph by striking ‘‘not
more than twenty years’’ and inserting ‘‘for any term of years
or for life’’.
(b) DESTRUCTION OF AN ENERGY FACILITY.—Section 1366 of
title 18, United States Code, is amended—
(1) in subsection (a), by striking ‘‘ten’’ and inserting ‘‘20’’;
and
(2) by adding at the end the following:
‘‘(d) Whoever is convicted of a violation of subsection (a) or
(b) that has resulted in the death of any person shall be subject
to imprisonment for any term of years or life.’’.
(c) MATERIAL SUPPORT TO TERRORISTS.—Section 2339A(a) of
title 18, United States Code, is amended—
(1) by striking ‘‘10’’ and inserting ‘‘15’’; and
(2) by striking the period and inserting ‘‘, and, if the death
of any person results, shall be imprisoned for any term of
years or for life.’’.
(d) MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST
ORGANIZATIONS.—Section 2339B(a)(1) of title 18, United States
Code, is amended—
(1) by striking ‘‘10’’ and inserting ‘‘15’’; and
(2) by striking the period after ‘‘or both’’ and inserting
‘‘, and, if the death of any person results, shall be imprisoned
for any term of years or for life.’’.
(e) DESTRUCTION OF NATIONAL-DEFENSE MATERIALS.—Section
2155(a) of title 18, United States Code, is amended—
(1) by striking ‘‘ten’’ and inserting ‘‘20’’; and
(2) by striking the period at the end and inserting ‘‘, and,
if death results to any person, shall be imprisoned for any
term of years or for life.’’.
(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236
of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended—
(1) by striking ‘‘ten’’ each place it appears and inserting
‘‘20’’;
(2) in subsection (a), by striking the period at the end
and inserting ‘‘, and, if death results to any person, shall
be imprisoned for any term of years or for life.’’; and
(3) in subsection (b), by striking the period at the end
and inserting ‘‘, and, if death results to any person, shall
be imprisoned for any term of years or for life.’’.
18 USC 3286
note.
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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’’.
(c) COMMUNICATIONS LINES, STATIONS, OR SYSTEMS.—Section
1362 of title 18, United States Code, is amended in the first undesignated
paragraph—
(1) by striking ‘‘or attempts willfully or maliciously to injure
or destroy’’; and
(2) by inserting ‘‘or attempts or conspires to do such an
act,’’ before ‘‘shall be fined’’.
(d) BUILDINGS OR PROPERTY WITHIN SPECIAL MARITIME AND
TERRITORIAL JURISDICTION.—Section 1363 of title 18, United States
Code, is amended—
(1) by striking ‘‘or attempts to destroy or injure’’; and
(2) by inserting ‘‘or attempts or conspires to do such an
act,’’ before ‘‘shall be fined’’ the first place it appears.
(e) WRECKING TRAINS.—Section 1992 of title 18, United States
Code, is amended by adding at the end the following:
‘‘(c) A person who conspires to commit any offense defined
in this section shall be subject to the same penalties (other than
the penalty of death) as the penalties prescribed for the offense,
the commission of which was the object of the conspiracy.’’.
(f) MATERIAL SUPPORT TO TERRORISTS.—Section 2339A of title
18, United States Code, is amended by inserting ‘‘or attempts or
conspires to do such an act,’’ before ‘‘shall be fined’’.
(g) TORTURE.—Section 2340A of title 18, United States Code,
is amended by adding at the end the following:
‘‘(c) CONSPIRACY.—A person who conspires to commit an offense
under this section shall be subject to the same penalties (other
than the penalty of death) as the penalties prescribed for the
offense, the commission of which was the object of the conspiracy.’’.
(h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—Section 236
of the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended—
(1) in subsection (a)—
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115 STAT. 382 PUBLIC LAW 107–56—OCT. 26, 2001
(A) by striking ‘‘, or who intentionally and willfully
attempts to destroy or cause physical damage to’’;
(B) in paragraph (4), by striking the period at the
end and inserting a comma; and
(C) by inserting ‘‘or attempts or conspires to do such
an act,’’ before ‘‘shall be fined’’; and
(2) in subsection (b)—
(A) by striking ‘‘or attempts to cause’’; and
(B) by inserting ‘‘or attempts or conspires to do such
an act,’’ before ‘‘shall be fined’’.
(i) INTERFERENCE WITH FLIGHT CREW MEMBERS AND 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:
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 383
‘‘(B) by conduct described in clause (i), (ii), or (iii)
of subparagraph (A), caused (or, in the case of an attempted
offense, would, if completed, have caused)—
‘‘(i) loss to 1 or more persons during any 1-year
period (and, for purposes of an investigation, prosecution,
or other proceeding brought by the United States
only, loss resulting from a related course of conduct
affecting 1 or more other protected computers) aggregating
at least $5,000 in value;
‘‘(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of 1 or more individuals;
‘‘(iii) physical injury to any person;
‘‘(iv) a threat to public health or safety; or
‘‘(v) damage affecting a computer system used by
or for a government entity in furtherance of the
administration of justice, national defense, or national
security;’’.
(b) PROTECTION FROM EXTORTION.—Section 1030(a)(7) of title
18, United States Code, is amended by striking ‘‘, firm, association,
educational institution, financial institution, government entity, or
other legal entity,’’.
(c) PENALTIES.—Section 1030(c) of title 18, United States Code,
is amended—
(1) in paragraph (2)—
(A) in subparagraph (A) —
(i) by inserting ‘‘except as provided in subparagraph
(B),’’ before ‘‘a fine’’;
(ii) by striking ‘‘(a)(5)(C)’’ and inserting
‘‘(a)(5)(A)(iii)’’; and
(iii) by striking ‘‘and’ at the end;
(B) in subparagraph (B), by inserting ‘‘or an attempt
to commit an offense punishable under this subparagraph,’’
after ‘‘subsection (a)(2),’’ in the matter preceding clause
(i); and
(C) in subparagraph (C), by striking ‘‘and’’ at the end;
(2) in paragraph (3)—
(A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’ both places it
appears; and
(B) by striking ‘‘(a)(5)(C)’’ and inserting ‘‘(a)(5)(A)(iii)’’;
and
(3) by adding at the end the following:
‘‘(4)(A) a fine under this title, imprisonment for not more
than 10 years, or both, in the case of an offense under subsection
(a)(5)(A)(i), or an attempt to commit an offense punishable
under that subsection;
‘‘(B) a fine under this title, imprisonment for not more
than 5 years, or both, in the case of an offense under subsection
(a)(5)(A)(ii), or an attempt to commit an offense punishable
under that subsection;
‘‘(C) a fine under this title, imprisonment for not more
than 20 years, or both, in the case of an offense under subsection
(a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an
offense punishable under either subsection, that occurs after
a conviction for another offense under this section.’’.
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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.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 385
SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY
FORENSIC CAPABILITIES.
(a) IN GENERAL.—The Attorney General shall establish such
regional computer forensic laboratories as the Attorney General
considers appropriate, and provide support to existing computer
forensic laboratories, in order that all such computer forensic laboratories
have the capability—
(1) to provide forensic examinations with respect to seized
or intercepted computer evidence relating to criminal activity
(including cyberterrorism);
(2) to provide training and education for Federal, State,
and local law enforcement personnel and prosecutors regarding
investigations, forensic analyses, and prosecutions of computerrelated
crime (including cyberterrorism);
(3) to assist Federal, State, and local law enforcement
in enforcing Federal, State, and local criminal laws relating
to computer-related crime;
(4) to facilitate and promote the sharing of Federal law
enforcement expertise and information about the investigation,
analysis, and prosecution of computer-related crime with State
and local law enforcement personnel and prosecutors, including
the use of multijurisdictional task forces; and
(5) to carry out such other activities as the Attorney General
considers appropriate.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—There is hereby authorized to be
appropriated in each fiscal year $50,000,000 for purposes of
carrying out this section.
(2) AVAILABILITY.—Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until expended.
SEC. 817. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.
Chapter 10 of title 18, United States Code, is amended—
(1) in section 175—
(A) in subsection (b)—
(i) by striking ‘‘does not include’’ and inserting
‘‘includes’’;
(ii) by inserting ‘‘other than’’ after ‘‘system for’’;
and
(iii) by inserting ‘‘bona fide research’’ after ‘‘protective’’;
(B) by redesignating subsection (b) as subsection (c);
and
(C) by inserting after subsection (a) the following:
‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly possesses any
biological agent, toxin, or delivery system of a type or in a quantity
that, under the circumstances, is not reasonably justified by a
prophylactic, protective, bona fide research, or other peaceful purpose,
shall be fined under this title, imprisoned not more than
10 years, or both. In this subsection, the terms ‘biological agent’
and ‘toxin’ do not encompass any biological agent or toxin that
is in its naturally occurring environment, if the biological agent
or toxin has not been cultivated, collected, or otherwise extracted
from its natural source.’’;
(2) by inserting after section 175a the following:
28 USC 509 note.
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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.’’.
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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
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115 STAT. 388 PUBLIC LAW 107–56—OCT. 26, 2001
to Congress of any covered intelligence report under the jurisdiction
of such official until February 1, 2002.
(b) COVERED INTELLIGENCE REPORT.—Except as provided in
subsection (c), for purposes of subsection (a), a covered intelligence
report is as follows:
(1) Any report on intelligence or intelligence-related activities
of the United States Government that is required to be
submitted to Congress by an element of the intelligence community
during the effective period of this section.
(2) Any report or other matter that is required to be submitted
to the Select Committee on Intelligence of the Senate
and Permanent Select Committee on Intelligence of the House
of Representatives by the Department of Defense or the Department
of Justice during the effective period of this section.
(c) EXCEPTION FOR CERTAIN REPORTS.—For purposes of subsection
(a), any report required by section 502 or 503 of the National
Security Act of 1947 (50 U.S.C. 413a, 413b) is not a covered intelligence
report.
(d) NOTICE TO CONGRESS.—Upon deferring the date of submittal
to Congress of a covered intelligence report under subsection (a),
the official deferring the date of submittal of the covered intelligence
report shall submit to Congress notice of the deferral. Notice of
deferral of a report shall specify the provision of law, if any, under
which the report would otherwise be submitted to Congress.
(e) EXTENSION OF DEFERRAL.—(1) Each official specified in subsection
(a) may defer the date of submittal to Congress of a covered
intelligence report under the jurisdiction of such official to a date
after February 1, 2002, if such official submits to the committees
of Congress specified in subsection (b)(2) before February 1, 2002,
a certification that preparation and submittal of the covered intelligence
report on February 1, 2002, will impede the work of officers
or employees who are engaged in counterterrorism activities.
(2) A certification under paragraph (1) with respect to a covered
intelligence report shall specify the date on which the covered
intelligence report will be submitted to Congress.
(f) EFFECTIVE PERIOD.—The effective period of this section is
the period beginning on the date of the enactment of this Act
and ending on February 1, 2002.
(g) ELEMENT OF THE INTELLIGENCE COMMUNITY DEFINED.—
In this section, the term ‘‘element of the intelligence community’’
means any element of the intelligence community specified or designated
under section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)).
SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF
FOREIGN INTELLIGENCE-RELATED INFORMATION WITH
RESPECT TO CRIMINAL INVESTIGATIONS.
(a) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended—
(1) by redesignating subsection 105B as section 105C; and
(2) by inserting after section 105A the following new section
105B:
50 USC 403–5b,
403–5c.
Certification.
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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.
Deadline.
50 USC 403–5b.
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115 STAT. 390 PUBLIC LAW 107–56—OCT. 26, 2001
(b) REPORT REQUIREMENTS.—(1) In preparing the report under
subsection (a), the Attorney General, the Secretary, and the Director
shall consider whether, and to what extent, the capacities and
resources of the Financial Crimes Enforcement Center of the
Department of the Treasury may be integrated into the capability
contemplated by the report.
(2) If the Attorney General, Secretary, and the Director determine
that it is feasible and desirable to undertake the reconfiguration
described in subsection (a) in order to establish the capability
described in that subsection, the Attorney General, the Secretary,
and the Director shall include with the report under that subsection
a detailed proposal for legislation to achieve the reconfiguration.
SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) REPORT ON ESTABLISHMENT.—(1) Not later than February
1, 2002, the Director of Central Intelligence shall, in consultation
with the Director of the Federal Bureau of Investigation, submit
to the appropriate committees of Congress a report on the establishment
and maintenance within the intelligence community of an
element for purposes of providing timely and accurate translations
of foreign intelligence for all other elements of the intelligence
community. In the report, the element shall be referred to as
the ‘‘National Virtual Translation Center’’.
(2) The report on the element described in paragraph (1) shall
discuss the use of state-of-the-art communications technology, the
integration of existing translation capabilities in the intelligence
community, and the utilization of remote-connection capacities so
as to minimize the need for a central physical facility for the
element.
(b) RESOURCES.—The report on the element required by subsection
(a) shall address the following:
(1) The assignment to the element of a staff of individuals
possessing a broad range of linguistic and translation skills
appropriate for the purposes of the element.
(2) The provision to the element of communications
capabilities and systems that are commensurate with the most
current and sophisticated communications capabilities and systems
available to other elements of intelligence community.
(3) The assurance, to the maximum extent practicable,
that the communications capabilities and systems provided to
the element will be compatible with communications capabilities
and systems utilized by the Federal Bureau of Investigation
in securing timely and accurate translations of foreign language
materials for law enforcement investigations.
(4) The development of a communications infrastructure
to ensure the efficient and secure use of the translation capabilities
of the element.
(c) SECURE COMMUNICATIONS.—The report shall include a
discussion of the creation of secure electronic communications
between the element described by subsection (a) and the other
elements of the intelligence community.
(d) DEFINITIONS.—In this section:
(1) FOREIGN INTELLIGENCE.—The term ‘‘foreign intelligence’’
has the meaning given that term in section 3(2) of
the National Security Act of 1947 (50 U.S.C. 401a(2)).
(2) ELEMENT OF THE INTELLIGENCE COMMUNITY.—The term
‘‘element of the intelligence community’’ means any element
Deadline.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 391
of the intelligence community specified or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION
AND USE OF FOREIGN INTELLIGENCE.
(a) PROGRAM REQUIRED.—The Attorney General shall, in consultation
with the Director of Central Intelligence, carry out a
program to provide appropriate training to officials described in
subsection (b) in order to assist such officials in—
(1) identifying foreign intelligence information in the course
of their duties; and
(2) utilizing foreign intelligence information in the course
of their duties, to the extent that the utilization of such information
is appropriate for such duties.
(b) OFFICIALS.—The officials provided training under subsection
(a) are, at the discretion of the Attorney General and the Director,
the following:
(1) Officials of the Federal Government who are not ordinarily
engaged in the collection, dissemination, and use of
foreign intelligence in the performance of their duties.
(2) Officials of State and local governments who encounter,
or may encounter in the course of a terrorist event, foreign
intelligence in the performance of their duties.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is hereby
authorized to be appropriated for the Department of Justice such
sums as may be necessary for purposes of carrying out the program
required by subsection (a).
TITLE X—MISCELLANEOUS
SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE.
The Inspector General of the Department of Justice shall designate
one official who shall—
(1) review information and receive complaints alleging
abuses of civil rights and civil liberties by employees and officials
of the Department of Justice;
(2) make public through the Internet, radio, television,
and newspaper advertisements information on the responsibilities
and functions of, and how to contact, the official; and
(3) submit to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the
Senate on a semi-annual basis a report on the implementation
of this subsection and detailing any abuses described in paragraph
(1), including a description of the use of funds appropriations
used to carry out this subsection.
SEC. 1002. SENSE OF CONGRESS.
(a) FINDINGS.—Congress finds that—
(1) all Americans are united in condemning, in the
strongest possible terms, the terrorists who planned and carried
out the attacks against the United States on September 11,
2001, and in pursuing all those responsible for those attacks
and their sponsors until they are brought to justice;
(2) Sikh-Americans form a vibrant, peaceful, and lawabiding
part of America’s people;
Reports.
Public
information.
Internet.
5 USC app.
28 USC 509 note.
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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),
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 393
or in any other district where an act in furtherance of the attempt
or conspiracy took place.
‘‘(3) For purposes of this section, a transfer of funds from
1 place to another, by wire or any other means, shall constitute
a single, continuing transaction. Any person who conducts (as that
term is defined in subsection (c)(2)) any portion of the transaction
may be charged in any district in which the transaction takes
place.’’.
SEC. 1005. FIRST RESPONDERS ASSISTANCE ACT.
(a) GRANT AUTHORIZATION.—The Attorney General shall make
grants described in subsections (b) and (c) to States and units
of local government to improve the ability of State and local law
enforcement, fire department and first responders to respond to
and prevent acts of terrorism.
(b) TERRORISM PREVENTION GRANTS.—Terrorism prevention
grants under this subsection may be used for programs, projects,
and other activities to—
(1) hire additional law enforcement personnel dedicated
to intelligence gathering and analysis functions, including the
formation of full-time intelligence and analysis units;
(2) purchase technology and equipment for intelligence
gathering and analysis functions, including wire-tap, pen links,
cameras, and computer hardware and software;
(3) purchase equipment for responding to a critical incident,
including protective equipment for patrol officers such as quick
masks;
(4) purchase equipment for managing a critical incident,
such as communications equipment for improved interoperability
among surrounding jurisdictions and mobile command
posts for overall scene management; and
(5) fund technical assistance programs that emphasize
coordination among neighboring law enforcement agencies for
sharing resources, and resources coordination among law
enforcement agencies for combining intelligence gathering and
analysis functions, and the development of policy, procedures,
memorandums of understanding, and other best practices.
(c) ANTITERRORISM TRAINING GRANTS.—Antiterrorism training
grants under this subsection may be used for programs, projects,
and other activities to address—
(1) intelligence gathering and analysis techniques;
(2) community engagement and outreach;
(3) critical incident management for all forms of terrorist
attack;
(4) threat assessment capabilities;
(5) conducting followup investigations; and
(6) stabilizing a community after a terrorist incident.
(d) APPLICATION.—
(1) IN GENERAL.—Each eligible entity that desires to receive
a grant under this section shall submit an application to the
Attorney General, at such time, in such manner, and accompanied
by such additional information as the Attorney General
may reasonably require.
(2) CONTENTS.—Each application submitted pursuant to
paragraph (1) shall—
(A) describe the activities for which assistance under
this section is sought; and
Intergovernmental
relations.
28 USC 509 note.
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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.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 395
SEC. 1008. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER
SCANNING SYSTEM WITH ACCESS TO THE FBI
INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM AT OVERSEAS CONSULAR POSTS AND
POINTS OF ENTRY TO THE UNITED STATES.
(a) IN GENERAL.—The Attorney General, in consultation with
the Secretary of State and the Secretary of Transportation, shall
conduct a study on the feasibility of utilizing a biometric identifier
(fingerprint) scanning system, with access to the database of the
Federal Bureau of Investigation Integrated Automated Fingerprint
Identification System, at consular offices abroad and at points of
entry into the United States to enhance the ability of State Department
and immigration officials to identify aliens who may be wanted
in connection with criminal or terrorist investigations in the United
States or abroad prior to the issuance of visas or entry into the
United States.
(b) REPORT TO CONGRESS.—Not later than 90 days after the
date of the enactment of this Act, the Attorney General shall
submit a report summarizing the findings of the study authorized
under subsection (a) to the Committee on International Relations
and the Committee on the Judiciary of the House of Representatives
and the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate.
SEC. 1009. STUDY OF ACCESS.
(a) IN GENERAL.—Not later than 120 days after enactment
of this Act, the Federal Bureau of Investigation shall study and
report to Congress on the feasibility of providing to airlines access
via computer to the names of passengers who are suspected of
terrorist activity by Federal officials.
(b) AUTHORIZATION.—There are authorized to be appropriated
not more than $250,000 to carry out subsection (a).
SEC. 1010. TEMPORARY AUTHORITY TO CONTRACT WITH LOCAL AND
STATE GOVERNMENTS FOR PERFORMANCE OF SECURITY
FUNCTIONS AT UNITED STATES MILITARY INSTALLATIONS.
(a) IN GENERAL.—Notwithstanding section 2465 of title 10,
United States Code, during the period of time that United States
armed forces are engaged in Operation Enduring Freedom, and
for the period of 180 days thereafter, funds appropriated to the
Department of Defense may be obligated and expended for the
purpose of entering into contracts or other agreements for the
performance of security functions at any military installation or
facility in the United States with a proximately located local or
State government, or combination of such governments, whether
or not any such government is obligated to provide such services
to the general public without compensation.
(b) TRAINING.—Any contract or agreement entered into under
this section shall prescribe standards for the training and other
qualifications of local government law enforcement personnel who
perform security functions under this section in accordance with
criteria established by the Secretary of the service concerned.
(c) REPORT.—One year after the date of enactment of this
section, the Secretary of Defense shall submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives describing the use of the authority granted under
Deadline.
10 USC 2465
note.
Deadline.
Deadline.
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115 STAT. 396 PUBLIC LAW 107–56—OCT. 26, 2001
this section and the use by the Department of Defense of other
means to improve the performance of security functions on military
installations and facilities located within the United States.
SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS.
(a) SHORT TITLE.—This section may be cited as the ‘‘Crimes
Against Charitable Americans Act of 2001’’.
(b) TELEMARKETING AND CONSUMER FRAUD ABUSE.—The Telemarketing
and Consumer Fraud and Abuse Prevention Act (15
U.S.C. 6101 et seq.) is amended—
(1) in section 3(a)(2), by inserting after ‘‘practices’’ the
second place it appears the following: ‘‘which shall include
fraudulent charitable solicitations, and’’;
(2) in section 3(a)(3)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(D) a requirement that any person engaged in telemarketing
for the solicitation of charitable contributions,
donations, or gifts of money or any other thing of value,
shall promptly and clearly disclose to the person receiving
the call that the purpose of the call is to solicit charitable
contributions, donations, or gifts, and make such other
disclosures as the Commission considers appropriate,
including the name and mailing address of the charitable
organization on behalf of which the solicitation is made.’’;
and
(3) in section 7(4), by inserting ‘‘, or a charitable contribution,
donation, or gift of money or any other thing of value,’’
after ‘‘services’’.
(c) RED CROSS MEMBERS OR AGENTS.—Section 917 of title 18,
United States Code, is amended by striking ‘‘one year’’ and inserting
‘‘5 years’’.
(d) TELEMARKETING FRAUD.—Section 2325(1) of title 18, United
States Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by striking the comma at the
end and inserting ‘‘; or’’;
(3) by inserting after subparagraph (B) the following:
‘‘(C) a charitable contribution, donation, or gift of
money or any other thing of value,’’; and
(4) in the flush language, by inserting ‘‘or charitable
contributor, or donor’’ after ‘‘participant’’.
SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.
(a) LIMITATION.—
(1) IN GENERAL.—Chapter 51 of title 49, United States
Code, is amended by inserting after section 5103 the following
new section:
‘‘§ 5103a. Limitation on issuance of hazmat licenses
‘‘(a) LIMITATION.—
‘‘(1) ISSUANCE OF LICENSES.—A State may not issue to
any individual a license to operate a motor vehicle transporting
in commerce a hazardous material unless the Secretary of
Intergovernmental
relations.
15 USC 6016.
15 USC 6102.
15 USC 6101
note.
Crimes Against
Charitable
Americans Act of
2001.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 397
Transportation has first determined, upon receipt of a notification
under subsection (c)(1)(B), that the individual does not
pose a security risk warranting denial of the license.
‘‘(2) RENEWALS INCLUDED.—For the purposes of this section,
the term ‘issue’, with respect to a license, includes renewal
of the license.
‘‘(b) HAZARDOUS MATERIALS DESCRIBED.—The limitation in subsection
(a) shall apply with respect to—
‘‘(1) any material defined as a hazardous material by the
Secretary of Transportation; and
‘‘(2) any chemical or biological material or agent determined
by the Secretary of Health and Human Services or the Attorney
General as being a threat to the national security of the United
States.
‘‘(c) BACKGROUND RECORDS CHECK.—
‘‘(1) IN GENERAL.—Upon the request of a State regarding
issuance of a license described in subsection (a)(1) to an individual,
the Attorney General—
‘‘(A) shall carry out a background records check
regarding the individual; and
‘‘(B) upon completing the background records check,
shall notify the Secretary of Transportation of the completion
and results of the background records check.
‘‘(2) SCOPE.—A background records check regarding an individual
under this subsection shall consist of the following:
‘‘(A) A check of the relevant criminal history data bases.
‘‘(B) In the case of an alien, a check of the relevant
data bases to determine the status of the alien under
the immigration laws of the United States.
‘‘(C) As appropriate, a check of the relevant international
data bases through Interpol–U.S. National Central
Bureau or other appropriate means.
‘‘(d) REPORTING REQUIREMENT.—Each State shall submit to the
Secretary of Transportation, at such time and in such manner
as the Secretary may prescribe, the name, address, and such other
information as the Secretary may require, concerning—
‘‘(1) each alien to whom the State issues a license described
in subsection (a); and
‘‘(2) each other individual to whom such a license is issued,
as the Secretary may require.
‘‘(e) ALIEN DEFINED.—In this section, the term ‘alien’ has the
meaning given the term in section 101(a)(3) of the Immigration
and Nationality Act.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5103 the following new item:
‘‘5103a. Limitation on issuance of hazmat licenses.’’.
(b) REGULATION OF DRIVER FITNESS.—Section 31305(a)(5) of
title 49, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (A);
(2) by inserting ‘‘and’’ at the end of subparagraph (B);
and
(3) by adding at the end the following new subparagraph:
‘‘(C) is licensed by a State to operate the vehicle after
having first been determined under section 5103a of this
title as not posing a security risk warranting denial of
the license.’’.
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115 STAT. 398 PUBLIC LAW 107–56—OCT. 26, 2001
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Department of Transportation and the
Department of Justice such amounts as may be necessary to carry
out section 5103a of title 49, United States Code, as added by
subsection (a).
SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING
THE PROVISION OF FUNDING FOR BIOTERRORISM
PREPAREDNESS AND RESPONSE.
(a) FINDINGS.—The Senate finds the following:
(1) Additional steps must be taken to better prepare the
United States to respond to potential bioterrorism attacks.
(2) The threat of a bioterrorist attack is still remote, but
is increasing for a variety of reasons, including—
(A) public pronouncements by Osama bin Laden that
it is his religious duty to acquire weapons of mass destruction,
including chemical and biological weapons;
(B) the callous disregard for innocent human life as
demonstrated by the terrorists’ attacks of September 11,
2001;
(C) the resources and motivation of known terrorists
and their sponsors and supporters to use biological warfare;
(D) recent scientific and technological advances in
agent delivery technology such as aerosolization that have
made weaponization of certain germs much easier; and
(E) the increasing access to the technologies and expertise
necessary to construct and deploy chemical and
biological weapons of mass destruction.
(3) Coordination of Federal, State, and local terrorism
research, preparedness, and response programs must be
improved.
(4) States, local areas, and public health officials must
have enhanced resources and expertise in order to respond
to a potential bioterrorist attack.
(5) National, State, and local communication capacities
must be enhanced to combat the spread of chemical and
biological illness.
(6) Greater resources must be provided to increase the
capacity of hospitals and local health care workers to respond
to public health threats.
(7) Health care professionals must be better trained to
recognize, diagnose, and treat illnesses arising from biochemical
attacks.
(8) Additional supplies may be essential to increase the
readiness of the United States to respond to a bio-attack.
(9) Improvements must be made in assuring the safety
of the food supply.
(10) New vaccines and treatments are needed to assure
that we have an adequate response to a biochemical attack.
(11) Government research, preparedness, and response programs
need to utilize private sector expertise and resources.
(12) Now is the time to strengthen our public health system
and ensure that the United States is adequately prepared to
respond to potential bioterrorist attacks, natural infectious disease
outbreaks, and other challenges and potential threats
to the public health.
49 USC 5103a
note.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 399
(b) SENSE OF THE SENATE.—It is the sense of the Senate that
the United States should make a substantial new investment this
year toward the following:
(1) Improving State and local preparedness capabilities
by upgrading State and local surveillance epidemiology,
assisting in the development of response plans, assuring adequate
staffing and training of health professionals to diagnose
and care for victims of bioterrorism, extending the electronics
communications networks and training personnel, and
improving public health laboratories.
(2) Improving hospital response capabilities by assisting
hospitals in developing plans for a bioterrorist attack and
improving the surge capacity of hospitals.
(3) Upgrading the bioterrorism capabilities of the Centers
for Disease Control and Prevention through improving rapid
identification and health early warning systems.
(4) Improving disaster response medical systems, such as
the National Disaster Medical System and the Metropolitan
Medical Response System and Epidemic Intelligence Service.
(5) Targeting research to assist with the development of
appropriate therapeutics and vaccines for likely bioterrorist
agents and assisting with expedited drug and device review
through the Food and Drug Administration.
(6) Improving the National Pharmaceutical Stockpile program
by increasing the amount of necessary therapies
(including smallpox vaccines and other post-exposure vaccines)
and ensuring the appropriate deployment of stockpiles.
(7) Targeting activities to increase food safety at the Food
and Drug Administration.
(8) Increasing international cooperation to secure dangerous
biological agents, increase surveillance, and retrain
biological warfare specialists.
SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC
PREPAREDNESS SUPPORT.
(a) IN GENERAL.—The Office for State and Local Domestic
Preparedness Support of the Office of Justice Programs shall make
a grant to each State, which shall be used by the State, in conjunction
with units of local government, to enhance the capability of
State and local jurisdictions to prepare for and respond to terrorist
acts including events of terrorism involving weapons of mass
destruction and biological, nuclear, radiological, incendiary, chemical,
and explosive devices.
(b) USE OF GRANT AMOUNTS.—Grants under this section may
be used to purchase needed equipment and to provide training
and technical assistance to State and local first responders.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section such sums as necessary for each
of fiscal years 2002 through 2007.
(2) LIMITATIONS.—Of the amount made available to carry
out this section in any fiscal year not more than 3 percent
may be used by the Attorney General for salaries and administrative
expenses.
(3) MINIMUM AMOUNT.—Each State shall be allocated in
each fiscal year under this section not less than 0.75 percent
of the total amount appropriated in the fiscal year for grants
42 USC 3711.
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115 STAT. 400 PUBLIC LAW 107–56—OCT. 26, 2001
pursuant to this section, except that the United States Virgin
Islands, America Samoa, Guam, and the Northern Mariana
Islands each shall be allocated 0.25 percent.
SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE CRIME IDENTIFICATION
TECHNOLOGY ACT FOR ANTITERRORISM
GRANTS TO STATES AND LOCALITIES.
Section 102 of the Crime Identification Technology Act of 1998
(42 U.S.C. 14601) is amended—
(1) in subsection (b)—
(A) in paragraph (16), by striking ‘‘and’’ at the end;
(B) in paragraph (17), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(18) notwithstanding subsection (c), antiterrorism purposes
as they relate to any other uses under this section or
for other antiterrorism programs.’’; and
(2) in subsection (e)(1), by striking ‘‘this section’’ and all
that follows and inserting ‘‘this section $250,000,000 for each
of fiscal years 2002 through 2007.’’.
SEC. 1016. CRITICAL INFRASTRUCTURES PROTECTION.
(a) SHORT TITLE.—This section may be cited as the ‘‘Critical
Infrastructures Protection Act of 2001’’.
(b) FINDINGS.—Congress makes the following findings:
(1) The information revolution has transformed the conduct
of business and the operations of government as well as the
infrastructure relied upon for the defense and national security
of the United States.
(2) Private business, government, and the national security
apparatus increasingly depend on an interdependent network
of critical physical and information infrastructures, including
telecommunications, energy, financial services, water, and
transportation sectors.
(3) A continuous national effort is required to ensure the
reliable provision of cyber and physical infrastructure services
critical to maintaining the national defense, continuity of
government, economic prosperity, and quality of life in the
United States.
(4) This national effort requires extensive modeling and
analytic capabilities for purposes of evaluating appropriate
mechanisms to ensure the stability of these complex and interdependent
systems, and to underpin policy recommendations,
so as to achieve the continuous viability and adequate protection
of the critical infrastructure of the Nation.
(c) POLICY OF THE UNITED STATES.—It is the policy of the
United States—
(1) that any physical or virtual disruption of the operation
of the critical infrastructures of the United States be rare,
brief, geographically limited in effect, manageable, and minimally
detrimental to the economy, human and government
services, and national security of the United States;
(2) that actions necessary to achieve the policy stated in
paragraph (1) be carried out in a public-private partnership
involving corporate and non-governmental organizations; and
(3) to have in place a comprehensive and effective program
to ensure the continuity of essential Federal Government functions
under all circumstances.
Critical
Infrastructure
Protection Act of
2001.
42 USC 5195c.
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PUBLIC LAW 107–56—OCT. 26, 2001 115 STAT. 401
(d) ESTABLISHMENT OF NATIONAL COMPETENCE FOR CRITICAL
INFRASTRUCTURE PROTECTION.—
(1) SUPPORT OF CRITICAL INFRASTRUCTURE PROTECTION AND
CONTINUITY BY NATIONAL INFRASTRUCTURE SIMULATION AND
ANALYSIS CENTER.—There shall be established the National
Infrastructure Simulation and Analysis Center (NISAC) to
serve as a source of national competence to address critical
infrastructure protection and continuity through support for
activities related to counterterrorism, threat assessment, and
risk mitigation.
(2) PARTICULAR SUPPORT.—The support provided under
paragraph (1) shall include the following:
(A) Modeling, simulation, and analysis of the systems
comprising critical infrastructures, including cyber infrastructure,
telecommunications infrastructure, and physical
infrastructure, in order to enhance understanding of the
large-scale complexity of such systems and to facilitate
modification of such systems to mitigate the threats to
such systems and to critical infrastructures generally.
(B) Acquisition from State and local governments and
the private sector of data necessary to create and maintain
models of such systems and of critical infrastructures generally.
(C) Utilization of modeling, simulation, and analysis
under subparagraph (A) to provide education and training
to policymakers on matters relating to—
(i) the analysis conducted under that subparagraph;
(ii) the implications of unintended or unintentional
disturbances to critical infrastructures; and
(iii) responses to incidents or crises involving critical
infrastructures, including the continuity of government
and private sector activities through and after
such incidents or crises.
(D) Utilization of modeling, simulation, and analysis
under subparagraph (A) to provide recommendations to
policymakers, and to departments and agencies of the Federal
Government and private sector persons and entities
upon request, regarding means of enhancing the stability
of, and preserving, critical infrastructures.
(3) RECIPIENT OF CERTAIN SUPPORT.—Modeling, simulation,
and analysis provided under this subsection shall be provided,
in particular, to relevant Federal, State, and local entities
responsible for critical infrastructure protection and policy.
(e) CRITICAL INFRASTRUCTURE DEFINED.—In this section, the
term ‘‘critical infrastructure’’ means systems and assets, whether
physical or virtual, so vital to the United States that the incapacity
or destruction of such systems and assets would have a debilitating
impact on security, national economic security, national public
health or safety, or any combination of those matters.
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115 STAT. 402 PUBLIC LAW 107–56—OCT. 26, 2001
LEGISLATIVE HISTORY—H.R. 3162:
CONGRESSIONAL RECORD, Vol. 147 (2001):
Oct. 23, 24, considered and passed House.
Oct. 25, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Oct. 26, Presidential remarks.
Æ
(f) AUTHORIZATION OF APPROPRIATIONS.—There is hereby
authorized for the Department of Defense for fiscal year 2002,
$20,000,000 for the Defense Threat Reduction Agency for activities
of the National Infrastructure Simulation and Analysis Center
under this section in that fiscal year.
Approved October 26, 2001.
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