AND ABUSE OFFENSES.
Section 2516(1)(c) of title 18, United States Code, is amended
by striking ‘‘and section 1341 (relating to mail fraud),’’ and inserting
‘‘section 1341 (relating to mail fraud), a felony violation of section
1030 (relating to computer fraud and abuse),’’.

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

       INFORMA-TION.

    (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—

    or in connection with a judicial proceeding;

    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;

    for the government to another Federal grand jury;

    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

    or counterintelligence (as defined in section 3 of the

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

    foreign intelligence information (as defined in clause

    (iv) of this subparagraph), to any Federal law
enforce-ment, intelligence, protective, immigration, national
defense, or national security official in order to assist

    the official receiving that information in the

    perform-ance of his official duties.

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

    before the grand jury, the disclosure shall be made in

    such manner, at such time, and under such conditions

    as the court may direct.

    ‘‘(iii) Any Federal official to whom information is
dis-closed pursuant to clause (i)(V) of this subparagraph may
use that information only as necessary in the conduct of

    that person’s official duties subject to any limitations on

    the unauthorized disclosure of such information. Within

    a reasonable time after such disclosure, an attorney for

    the government shall file under seal a notice with the

    court stating the fact that such information was disclosed

    and the departments, agencies, or entities to which the

    disclosure was made.

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

    ‘foreign intelligence information’ means—

    United States person, that relates to the ability of

    the United States to protect against—

     a foreign power;

     or

     or by an agent of foreign power; or

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

       United States.’’.

     ‘‘(e)(3)(C)(i)’’ and inserting ‘‘(e)(3)(C)(i)(I)’’.

     INTER-CEPTION INFORMATION.—

      (1) LAW ENFORCEMENT.—Section 2517 of title 18, United
States Code, is amended by inserting at the end the following:
‘‘(6) Any investigative or law enforcement officer, or attorney
for the Government, who by any means authorized by this chapter,
has obtained knowledge of the contents of any wire, oral, or
elec-tronic communication, or evidence derived therefrom, may disclose
such contents to any other Federal law enforcement, intelligence,
protective, immigration, national defense, or national security
offi-cial to the extent that such contents include foreign intelligence
or counterintelligence (as defined in section 3 of the National
Secu-rity Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information
(as defined in subsection (19) of section 2510 of this title), to
assist the official who is to receive that information in the
perform-ance of his official duties. Any Federal official who receives
informa-tion pursuant to this provision may use that information only
as necessary in the conduct of that person’s official duties subject
to any limitations on the unauthorized disclosure of such

     informa-tion.’’.

     Code, is amended by—

      semi-colon;

      inserting ‘‘; and’’; and

      States to protect against—

      territory that relates to—

       United States; or

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

  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)).

    (1) IN GENERAL.—Notwithstanding any other provision of

   law, it shall be lawful for foreign intelligence or
counterintel-ligence (as defined in section 3 of the National Security Act
of 1947 (50 U.S.C. 401a)) or foreign intelligence information
obtained as part of a criminal investigation to be disclosed
to any Federal law enforcement, intelligence, protective,
immigration, national defense, or national security official in
order to assist the official receiving that information in the
performance of his official duties. Any Federal official who
receives information pursuant to this provision may use that
information only as necessary in the conduct of that person’s
official duties subject to any limitations on the unauthorized
disclosure of such information.

    (2) DEFINITION.—In this subsection, the term ‘‘foreign

   intel-ligence information’’ means—

    (A) information, whether or not concerning a United

    States person, that relates to the ability of the United

    States to protect against—

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

    power or an agent of a foreign power; or

     (iii) clandestine intelligence activities by an

    intel-ligence service or network of a foreign power or by

    an agent of a foreign power; or

    (B) information, whether or not concerning a United

    States person, with respect to a foreign power or foreign

    territory that relates to—

    United States; or

    States.

  SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM

    LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF

    WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.
Section 2511(2)(f) of title 18, United States Code, is amended—

    (1) by striking ‘‘this chapter or chapter 121’’ and inserting
‘‘this chapter or chapter 121 or 206 of this title’’; and

    (2) by striking ‘‘wire and oral’’ and inserting ‘‘wire, oral,
and electronic’’.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU 28 USC 532 note.

    OF INVESTIGATION.

   (a) AUTHORITY.—The Director of the Federal Bureau of
Inves-tigation is authorized to expedite the employment of personnel
as translators to support counterterrorism investigations and
oper-ations without regard to applicable Federal personnel requirements
and limitations.

    (b) SECURITY REQUIREMENTS.—The Director of the Federal
Bureau of Investigation shall establish such security requirements
as are necessary for the personnel employed as translators under
subsection (a).

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

     (c) REPORT.—The Attorney General shall report to the
Commit-tees on the Judiciary of the House of Representatives and the
Senate on—

      (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

     needs.

       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

     (a) DURATION.—

      (1) SURVEILLANCE.—Section 105(e)(1) of the Foreign
Intel-ligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is
amended by—

     (2) PHYSICAL SEARCH.—Section 304(d)(1) of the Foreign
Intel-ligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended
by—

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

     (b) EXTENSION.—

      (1) IN GENERAL.—Section 105(d)(2) of the Foreign
Intel-ligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is
amended by—

      (B) an extension of an order under this Act for a
surveil-lance targeted against an agent of a foreign power as
defined in section 101(b)(1)(A) may be for a period not

      to exceed 1 year’’.

      (2) DEFINED TERM.—Section 304(d)(2) of the Foreign
Intel-ligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2) is
amended by inserting after ‘‘not a United States person,’’ the
following: ‘‘or against an agent of a foreign power as defined
in section 101(b)(1)(A),’’.

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  SEC. 208. DESIGNATION OF JUDGES.

   Section 103(a) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1803(a)) is amended by—

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

    (2) inserting ‘‘of whom no fewer than 3 shall reside within

   20 miles of the District of Columbia’’ after ‘‘circuits’’.

  SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO

    WAR-RANTS.

   Title 18, United States Code, is amended—

    (1) in section 2510—

    (A) in paragraph (1), by striking beginning with ‘‘and

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

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

    ‘‘transmission of’’; and

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

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

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

    it appears;

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

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

    and

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

    or electronic’’ each place it appears.

  SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC

    COMMUNICATIONS.

   Section 2703(c)(2) of title 18, United States Code, as

  redesig-nated by section 212, is amended—

    (1) by striking ‘‘entity the name, address, local and long
distance telephone toll billing records, telephone number or
other subscriber number or identity, and length of service of
a subscriber’’ and inserting the following: ‘‘entity the—

    ‘‘(A) name;

    ‘‘(B) address;

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

   or records of session times and durations;

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

   service utilized;

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

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

   (including any credit card or bank account number),

  of a subscriber’’; and

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

   or customer utilized,’’.

  SEC. 211. CLARIFICATION OF SCOPE.

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

  551) is amended—

    (1) in subsection (c)(2)—

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

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

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

    (C) by inserting at the end the following:

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

      ‘‘(D) to a government entity as authorized under chapters
119, 121, or 206 of title 18, United States Code, except that
such disclosure shall not include records revealing cable
sub-scriber selection of video programming from a cable operator.’’;
and

      (2) in subsection (h), by striking ‘‘A governmental entity’’
and inserting ‘‘Except as provided in subsection (c)(2)(D), a
governmental entity’’.

     (a) DISCLOSURE OF CONTENTS.—

     Code, is amended—

      following:

       or records’’;

       (B) in subsection (a)—

       end;

       inserting ‘‘; and’’; and

      ‘‘(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

     govern-mental entity.’’;

       (C) in subsection (b), by striking ‘‘EXCEPTIONS.—A
per-son or entity’’ and inserting ‘‘EXCEPTIONS FOR DISCLOSURE
OF COMMUNICATIONS.— A provider described in subsection

      (a)’’;

       (D) in subsection (b)(6)—

       and inserting ‘‘; or’’; and

       fol-lowing:

      informa-tion without delay.’’; and

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

   believes that an emergency involving immediate danger of

   death or serious physical injury to any person justifies

   disclo-sure of the information; or

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

    (2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for chapter 121 of title 18, United States Code,
is amended by striking the item relating to section 2702 and
inserting the following:
‘‘2702. Voluntary disclosure of customer communications or records.’’.

   (b) REQUIREMENTS FOR GOVERNMENT ACCESS.—

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

   Code, is amended—

    (A) by striking the section heading and inserting the

    following:

  ‘‘§ 2703. Required disclosure of customer communications or

    records’’;

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

    as paragraph (3);

    (C) in subsection (c)(1)—

     (i) by striking ‘‘(A) Except as provided in

    subpara-graph (B), a provider of electronic communication

    service or remote computing service may’’ and inserting

    ‘‘A governmental entity may require a provider of

    elec-tronic communication service or remote computing

    service to’’;

    of this section) to any person other than a

    govern-mental entity.

    ‘‘(B) A provider of electronic communication service
or remote computing service shall disclose a record or other
information pertaining to a subscriber to or customer of

    such service (not including the contents of communications

    covered by subsection (a) or (b) of this section) to a

    govern-mental entity’’ and inserting ‘‘)’’;

     (iii) by redesignating subparagraph (C) as

    para-graph (2);

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

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

    redesignated) the following:

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

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

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

    (2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for chapter 121 of title 18, United States Code,
is amended by striking the item relating to section 2703 and
inserting the following:
‘‘2703. Required disclosure of customer communications or records.’’.

  SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF

    A WARRANT.

   Section 3103a of title 18, United States Code, is amended—

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

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

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

      ‘‘(1) the court finds reasonable cause to believe that
pro-viding immediate notification of the execution of the warrant
may have an adverse result (as defined in section 2705);

      ‘‘(2) the warrant prohibits the seizure of any tangible
prop-erty, any wire or electronic communication (as defined in section
2510), or, except as expressly provided in chapter 121, any
stored wire or electronic information, except where the court
finds reasonable necessity for the seizure; and

      ‘‘(3) the warrant provides for the giving of such notice
within a reasonable period of its execution, which period may
thereafter be extended by the court for good cause shown.’’.

       FISA.

     (a) APPLICATIONS AND ORDERS.—Section 402 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended—

      (1) in subsection (a)(1), by striking ‘‘for any investigation
to gather foreign intelligence information or information
con-cerning international terrorism’’ and inserting ‘‘for any
inves-tigation to obtain foreign intelligence information not
con-cerning a United States person or to protect against
inter-national terrorism or clandestine intelligence activities,
pro-vided that such investigation of a United States person is
not conducted solely upon the basis of activities protected by
the first amendment to the Constitution’’;

      ‘‘(2) a certification by the applicant that the information
likely to be obtained is foreign intelligence information not
concerning a United States person or is relevant to an ongoing
investigation to protect against international terrorism or
clan-destine intelligence activities, provided that such investigation
of a United States person is not conducted solely upon the

     Constitution.’’;

       ‘‘(A) shall specify—

       the order applies, such as the number or other
identi-fier, and, if known, the location of the telephone line
or other facility to which the pen register or trap

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

    limits of the trap and trace order.’’.

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

     (1) in subsection (a), by striking ‘‘foreign intelligence
information or information concerning international terrorism’’
and inserting ‘‘foreign intelligence information not concerning
a United States person or information to protect against
inter-national terrorism or clandestine intelligence activities,
pro-vided that such investigation of a United States person is
not conducted solely upon the basis of activities protected by
the first amendment to the Constitution’’; and

    (2) in subsection (b)(1), by striking ‘‘foreign intelligence
information or information concerning international terrorism’’
and inserting ‘‘foreign intelligence information not concerning
a United States person or information to protect against
inter-national terrorism or clandestine intelligence activities,
pro-vided that such investigation of a United States person is
not conducted solely upon the basis of activities protected by
the first amendment to the Constitution’’.

  SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE

    FOR-EIGN INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861 et seq.) is amended by striking sections 501 through
503 and inserting the following:

  ‘‘SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 50 USC 1861.

    INTELLIGENCE AND INTERNATIONAL TERRORISM

    INVES-TIGATIONS.
‘‘(a)(1) The Director of the Federal Bureau of Investigation
or a designee of the Director (whose rank shall be no lower than
Assistant Special Agent in Charge) may make an application for
an order requiring the production of any tangible things (including
books, records, papers, documents, and other items) for an
investiga-tion to protect against international terrorism or clandestine
intel-ligence activities, provided that such investigation of a United
States person is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution.

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

    ‘‘(A) be conducted under guidelines approved by the
Attorney General under Executive Order 12333 (or a successor
order); and

    ‘‘(B) not be conducted of a United States person solely
upon the basis of activities protected by the first amendment
to the Constitution of the United States.

   ‘‘(b) Each application under this section—

    ‘‘(1) shall be made to—

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

    or

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

    43 of title 28, United States Code, who is publicly
des-ignated by the Chief Justice of the United States to have
the power to hear applications and grant orders for the

    production of tangible things under this section on behalf

    of a judge of that court; and

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

      ‘‘(2) shall specify that the records concerned are sought
for an authorized investigation conducted in accordance with
subsection (a)(2) to obtain foreign intelligence information not
concerning a United States person or to protect against
inter-national terrorism or clandestine intelligence activities.
‘‘(c)(1) Upon an application made pursuant to this section, the
judge shall enter an ex parte order as requested, or as modified,
approving the release of records if the judge finds that the
applica-tion meets the requirements of this section.

     ‘‘(2) An order under this subsection shall not disclose that
it is issued for purposes of an investigation described in subsection
(a).

     ‘‘(d) No person shall disclose to any other person (other than
those persons necessary to produce the tangible things under this
section) that the Federal Bureau of Investigation has sought or
obtained tangible things under this section.

     ‘‘(e) A person who, in good faith, produces tangible things
under an order pursuant to this section shall not be liable to
any other person for such production. Such production shall not
be deemed to constitute a waiver of any privilege in any other
proceeding or context.

  50 USC 1862. ‘‘SEC. 502. CONGRESSIONAL OVERSIGHT.

     ‘‘(a) On a semiannual basis, the Attorney General shall fully
inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate concerning all requests for the production of tangible
things under section 402.

     ‘‘(b) On a semiannual basis, the Attorney General shall provide
to the Committees on the Judiciary of the House of Representatives
and the Senate a report setting forth with respect to the preceding
6-month period—

      ‘‘(1) the total number of applications made for orders
approving requests for the production of tangible things under
section 402; and

     modi-fied, or denied.’’.
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN

       REGISTERS AND TRAP AND TRACE DEVICES.
(a) GENERAL LIMITATIONS.—Section 3121(c) of title 18, United
States Code, is amended—

     reg-ister’’;

      (2) by inserting ‘‘, routing, addressing,’’ after ‘‘dialing’’; and
(3) by striking ‘‘call processing’’ and inserting ‘‘the
proc-essing and transmitting of wire or electronic communications
so as not to include the contents of any wire or electronic

     communications’’.

      (b) ISSUANCE OF ORDERS.—

     Code, is amended to read as follows:

     ‘‘(a) IN GENERAL.—

      ‘‘(1) ATTORNEY FOR THE GOVERNMENT.—Upon an
applica-tion made under section 3122(a)(1), the court shall enter an
ex parte order authorizing the installation and use of a pen
register or trap and trace device anywhere within the United
States, if the court finds that the attorney for the Government

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

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

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

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

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

   installing and using its own pen register or trap and trace

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

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

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

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

    time, and duration of each time the device is accessed

    to obtain information;

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

    its installation and any subsequent modification thereof;

    and

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

    device.
To the extent that the pen register or trap and trace device
can be set automatically to record this information
electroni-cally, the record shall be maintained electronically throughout
the installation and use of such device.

    ‘‘(B) The record maintained under subparagraph (A) shall
be provided ex parte and under seal to the court which entered
the ex parte order authorizing the installation and use of the
device within 30 days after termination of the order (including
any extensions thereof).’’.

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

   United States Code, is amended—

    (A) in subparagraph (A)—

    line’’; and

    ‘‘or applied’’; and

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

    following:

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

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

     title 18, United States Code, is amended—

      and

      the order’’.

     (c) DEFINITIONS.—

     subpara-graph (A) and inserting the following:

      investigated; or’’.

     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

      communication’’; and

      it appears.

     United States Code, is amended—

      likely to identify the source of a wire or electronic
commu-nication, provided, however, that such information shall
not include the contents of any communication;’’; and

     United States Code, is amended—

       (A) by striking ‘‘and’’; and

      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’’.

       COMMUNICA-TIONS.

    (1) in section 2510—

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

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

    inserting a semicolon; and

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

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

   section 1030; and

    ‘‘(21) ‘computer trespasser’—

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

    without authorization and thus has no reasonable
expecta-tion of privacy in any communication transmitted to,
through, or from the protected computer; and

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

    or operator of the protected computer to have an existing

    contractual relationship with the owner or operator of the
protected computer for access to all or part of the protected
computer.’’; and
(2) in section 2511(2), by inserting at the end the following:
‘‘(i) It shall not be unlawful under this chapter for a person
acting under color of law to intercept the wire or electronic
commu-nications of a computer trespasser transmitted to, through, or from
the protected computer, if—

    ‘‘(I) the owner or operator of the protected computer

   author-izes the interception of the computer trespasser’s

   communica-tions on the protected computer;

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

   engaged in an investigation;

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

   grounds to believe that the contents of the computer
tres-passer’s communications will be relevant to the investigation;
and

    ‘‘(IV) such interception does not acquire communications

   other than those transmitted to or from the computer

   tres-passer.’’.

  SEC. 218. FOREIGN INTELLIGENCE INFORMATION.

   Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C.
1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence
Surveil-lance Act of 1978 are each amended by striking ‘‘the purpose’’

  and inserting ‘‘a significant purpose’’.

  SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM. 18 USC app.

   Rule 41(a) of the Federal Rules of Criminal Procedure is
amended by inserting after ‘‘executed’’ the following: ‘‘and (3) in

  an investigation of domestic terrorism or international terrorism
(as defined in section 2331 of title 18, United States Code), by
a Federal magistrate judge in any district in which activities related
to the terrorism may have occurred, for a search of property or
for a person within or outside the district’’.

  SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR

    ELEC-TRONIC EVIDENCE.
(a) IN GENERAL.—Chapter 121 of title 18, United States Code,
is amended—

    (1) in section 2703, by striking ‘‘under the Federal Rules
of Criminal Procedure’’ every place it appears and inserting
‘‘using the procedures described in the Federal Rules of

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

     Criminal Procedure by a court with jurisdiction over the offense
under investigation’’; and

      (2) in section 2711—

      inserting ‘‘; and’’; and

     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—

      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

      and

     entity in Syria or North Korea’’ after ‘‘Korea’’.
22 USC 7210. (b) APPLICATION OF THE TRADE SANCTIONS REFORM AND EXPORT

     ENHANCEMENT ACT.—Nothing in the Trade Sanctions Reform and
Export Enhancement Act of 2000 shall limit the application or
scope of any law establishing criminal or civil penalties, including
any Executive order or regulation promulgated pursuant to such
laws (or similar or successor laws), for the unlawful export of
any agricultural commodity, medicine, or medical device to—

     as amended;

      (2) a Foreign Terrorist Organization pursuant to the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104–132);

      (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

     destruc-tion or missile proliferation.

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

     Nothing in this Act shall impose any additional technical
obliga-tion or requirement on a provider of a wire or electronic
communica-tion service or other person to furnish facilities or technical
assist-ance. A provider of a wire or electronic communication service,

  landlord, custodian, or other person who furnishes facilities or
tech-nical assistance pursuant to section 216 shall be reasonably
com-pensated for such reasonable expenditures incurred in providing
such facilities or assistance.

  SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED

    DISCLO-SURES.
(a) Section 2520 of title 18, United States Code, is amended—

    (1) in subsection (a), after ‘‘entity’’, by inserting ‘‘, other
than the United States,’’;

    (2) by adding at the end the following:

   ‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds
that the circumstances surrounding the violation raise serious
ques-tions about whether or not an officer or employee of the United
States acted willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and correct
copy of the decision and findings of the court or appropriate
depart-ment or agency promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted.
If the head of the department or agency involved determines that
disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons
for such determination.’’; and

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

   ‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any willful
disclo-sure or use by an investigative or law enforcement officer or
govern-mental entity of information beyond the extent permitted by section
2517 is a violation of this chapter for purposes of section 2520(a).’’.

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

    (1) in subsection (a), after ‘‘entity’’, by inserting ‘‘, other
than the United States,’’;

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

   ‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds
that the circumstances surrounding the violation raise serious
ques-tions about whether or not an officer or employee of the United
States acted willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and correct
copy of the decision and findings of the court or appropriate
depart-ment or agency promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted.
If the head of the department or agency involved determines that
disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons
for such determination.’’; and

    (3) by adding a new subsection (g), as follows:
‘‘(g) IMPROPER DISCLOSURE.—Any willful disclosure of a ‘record’,
as that term is defined in section 552a(a) of title 5, United States
Code, obtained by an investigative or law enforcement officer, or
a governmental entity, pursuant to section 2703 of this title, or

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

     from a device installed pursuant to section 3123 or 3125 of this
title, that is not a disclosure made in the proper performance
of the official functions of the officer or governmental entity making
the disclosure, is a violation of this chapter. This provision shall
not apply to information previously lawfully disclosed (prior to
the commencement of any civil or administrative proceeding under
this chapter) to the public by a Federal, State, or local governmental
entity or by the plaintiff in a civil action under this chapter.’’.

     (c)(1) Chapter 121 of title 18, United States Code, is amended
by adding at the end the following:

     ‘‘§ 2712. Civil actions against the United States

     ‘‘(a) IN GENERAL.—Any person who is aggrieved by any willful
violation of this chapter or of chapter 119 of this title or of sections
106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) may commence an action
in United States District Court against the United States to recover
money damages. In any such action, if a person who is aggrieved
successfully establishes such a violation of this chapter or of chapter
119 of this title or of the above specific provisions of title 50,
the Court may assess as damages—

     amount is greater; and

     ‘‘(b) PROCEDURES.—(1) Any action against the United States
under this section may be commenced only after a claim is presented
to the appropriate department or agency under the procedures
of the Federal Tort Claims Act, as set forth in title 28, United
States Code.

     ‘‘(2) Any action against the United States under this section
shall be forever barred unless it is presented in writing to the
appropriate Federal agency within 2 years after such claim accrues
or unless action is begun within 6 months after the date of mailing,
by certified or registered mail, of notice of final denial of the
claim by the agency to which it was presented. The claim shall
accrue on the date upon which the claimant first has a reasonable
opportunity to discover the violation.

     ‘‘(3) Any action under this section shall be tried to the court
without a jury.

     ‘‘(4) Notwithstanding any other provision of law, the procedures
set forth in section 106(f), 305(g), or 405(f) of the Foreign
Intel-ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall
be the exclusive means by which materials governed by those

     sec-tions may be reviewed.

     ‘‘(5) An amount equal to any award against the United States
under this section shall be reimbursed by the department or agency
concerned to the fund described in section 1304 of title 31, United
States Code, out of any appropriation, fund, or other account
(excluding any part of such appropriation, fund, or account that
is available for the enforcement of any Federal law) that is available
for the operating expenses of the department or agency concerned.

     ‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds
that the circumstances surrounding the violation raise serious
ques-tions about whether or not an officer or employee of the United

  States acted willfully or intentionally with respect to the violation,
the department or agency shall, upon receipt of a true and correct
copy of the decision and findings of the court or appropriate
depart-ment or agency promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted.
If the head of the department or agency involved determines that
disciplinary action is not warranted, he or she shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons
for such determination.

   ‘‘(d) EXCLUSIVE REMEDY.—Any action against the United States
under this subsection shall be the exclusive remedy against the
United States for any claims within the purview of this section.

   ‘‘(e) STAY OF PROCEEDINGS.—(1) Upon the motion of the United
States, the court shall stay any action commenced under this section
if the court determines that civil discovery will adversely affect
the ability of the Government to conduct a related investigation
or the prosecution of a related criminal case. Such a stay shall
toll the limitations periods of paragraph (2) of subsection (b).

   ‘‘(2) In this subsection, the terms ‘related criminal case’ and
‘related investigation’ mean an actual prosecution or investigation
in progress at the time at which the request for the stay or any
subsequent motion to lift the stay is made. In determining whether
an investigation or a criminal case is related to an action
com-menced under this section, the court shall consider the degree
of similarity between the parties, witnesses, facts, and
cir-cumstances involved in the 2 proceedings, without requiring that
any one or more factors be identical.

   ‘‘(3) In requesting a stay under paragraph (1), the Government
may, in appropriate cases, submit evidence ex parte in order to
avoid disclosing any matter that may adversely affect a related
investigation or a related criminal case. If the Government makes
such an ex parte submission, the plaintiff shall be given an
oppor-tunity to make a submission to the court, not ex parte, and the
court may, in its discretion, request further information from either
party.’’.

   (2) The table of sections at the beginning of chapter 121 is
amended to read as follows:

  ‘‘2712. Civil action against the United States.’’.
SEC. 224. SUNSET. 18 USC 2510

   (a) IN GENERAL.—Except as provided in subsection (b), this
title and the amendments made by this title (other than sections
203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222,
and the amendments made by those sections) shall cease to have
effect on December 31, 2005.

   (b) EXCEPTION.—With respect to any particular foreign
intel-ligence investigation that began before the date on which the
provi-sions referred to in subsection (a) cease to have effect, or with
respect to any particular offense or potential offense that began
or occurred before the date on which such provisions cease to
have effect, such provisions shall continue in effect.

  SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.

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

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

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

  Money

   Laundering LAUNDERING ABATEMENT AND

  Abatement and ANTI-TERRORIST FINANCING ACT OF 2001

  Financial

   Anti-Terrorism Act of

  2001.

   31 USC 5301 SEC. 301. SHORT TITLE.

  note.

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

  31 USC 5311 SEC. 302. FINDINGS AND PURPOSES.

  note.

     (a) FINDINGS.—The Congress finds that—

      (1) money laundering, estimated by the International
Mone-tary Fund to amount to between 2 and 5 percent of global
gross domestic product, which is at least $600,000,000,000
annually, provides the financial fuel that permits transnational
criminal enterprises to conduct and expand their operations
to the detriment of the safety and security of American citizens;

      (2) money laundering, and the defects in financial
trans-parency on which money launderers rely, are critical to the
financing of global terrorism and the provision of funds for
terrorist attacks;

      (3) money launderers subvert legitimate financial
mecha-nisms and banking relationships by using them as protective
covering for the movement of criminal proceeds and the
financing of crime and terrorism, and, by so doing, can threaten
the safety of United States citizens and undermine the integrity
of United States financial institutions and of the global financial
and trading systems upon which prosperity and growth depend;

      (4) certain jurisdictions outside of the United States that
offer ‘‘offshore’’ banking and related facilities designed to
pro-vide anonymity, coupled with weak financial supervisory and
enforcement regimes, provide essential tools to disguise
owner-ship and movement of criminal funds, derived from, or used
to commit, offenses ranging from narcotics trafficking,
ter-rorism, arms smuggling, and trafficking in human beings, to
financial frauds that prey on law-abiding citizens;

      (5) transactions involving such offshore jurisdictions make
it difficult for law enforcement officials and regulators to follow
the trail of money earned by criminals, organized international
criminal enterprises, and global terrorist organizations;

      (6) correspondent banking facilities are one of the banking
mechanisms susceptible in some circumstances to manipulation
by foreign banks to permit the laundering of funds by hiding
the identity of real parties in interest to financial transactions;

      (7) private banking services can be susceptible to
manipula-tion by money launderers, for example corrupt foreign
govern-ment officials, particularly if those services include the creation
of offshore accounts and facilities for large personal funds
trans-fers to channel funds into accounts around the globe;

    (8) United States anti-money laundering efforts are
impeded by outmoded and inadequate statutory provisions that
make investigations, prosecutions, and forfeitures more
dif-ficult, particularly in cases in which money laundering involves
foreign persons, foreign banks, or foreign countries;

    (9) the ability to mount effective counter-measures to
inter-national money launderers requires national, as well as
bilateral and multilateral action, using tools specially designed
for that effort; and

    (10) the Basle Committee on Banking Regulation and

   Supervisory Practices and the Financial Action Task Force

   on Money Laundering, of both of which the United States

   is a member, have each adopted international anti-money

   laun-dering principles and recommendations.

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

    (1) to increase the strength of United States measures

   to prevent, detect, and prosecute international money

   laun-dering and the financing of terrorism;

    (2) to ensure that—

    (A) banking transactions and financial relationships

    and the conduct of such transactions and relationships,

    do not contravene the purposes of subchapter II of chapter
53 of title 31, United States Code, section 21 of the Federal
Deposit Insurance Act, or chapter 2 of title I of Public

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

    any such provision; and

    (B) the purposes of such provisions of law continue

    to be fulfilled, and such provisions of law are effectively

    and efficiently administered;
(3) to strengthen the provisions put into place by the Money
Laundering Control Act of 1986 (18 U.S.C. 981 note), especially
with respect to crimes by non-United States nationals and

   foreign financial institutions;

    (4) to provide a clear national mandate for subjecting to
special scrutiny those foreign jurisdictions, financial institutions
operating outside of the United States, and classes of
inter-national transactions or types of accounts that pose particular,
identifiable opportunities for criminal abuse;

    (5) to provide the Secretary of the Treasury (in this title
referred to as the ‘‘Secretary’’) with broad discretion, subject
to the safeguards provided by the Administrative Procedure
Act under title 5, United States Code, to take measures tailored
to the particular money laundering problems presented by
spe-cific foreign jurisdictions, financial institutions operating
out-side of the United States, and classes of international

   trans-actions or types of accounts;

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

   the Secretary permits appropriate opportunity for comment

   by affected financial institutions;

    (7) to provide guidance to domestic financial institutions

   on particular foreign jurisdictions, financial institutions
oper-ating outside of the United States, and classes of international
transactions that are of primary money laundering concern

   to the United States Government;

    (8) to ensure that the forfeiture of any assets in connection
with the anti-terrorist efforts of the United States permits

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

     for adequate challenge consistent with providing due process
rights;

      (9) to clarify the terms of the safe harbor from civil liability
for filing suspicious activity reports;

      (10) to strengthen the authority of the Secretary to issue
and administer geographic targeting orders, and to clarify that
violations of such orders or any other requirement imposed
under the authority contained in chapter 2 of title I of Public
Law 91–508 and subchapters II and III of chapter 53 of title
31, United States Code, may result in criminal and civil

     pen-alties;

      (11) to ensure that all appropriate elements of the financial
services industry are subject to appropriate requirements to
report potential money laundering transactions to proper
authorities, and that jurisdictional disputes do not hinder
exam-ination of compliance by financial institutions with relevant
reporting requirements;

     United States financial system for personal gain by corrupt
foreign officials and to facilitate the repatriation of any stolen
assets to the citizens of countries to whom such assets belong.
31 USC 5311 SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED
note. CONSIDER-ATION.
Effective date. (a) IN GENERAL.—Effective on and after the first day of fiscal

     year 2005, the provisions of this title and the amendments made
by this title shall terminate if the Congress enacts a joint resolution,
the text after the resolving clause of which is as follows: ‘‘That
provisions of the International Money Laundering Abatement and
Anti-Terrorist Financing Act of 2001, and the amendments made
thereby, shall no longer have the force of law.’’.

     (b) EXPEDITED CONSIDERATION.—Any joint resolution submitted
pursuant to this section should be considered by the Congress
expeditiously. In particular, it shall be considered in the Senate
in accordance with the provisions of section 601(b) of the
Inter-national Security Assistance and Arms Control Act of 1976.

       PRIMARY MONEY LAUNDERING CONCERN.
(a) IN GENERAL.—Subchapter II of chapter 53 of title 31, United
States Code, is amended by inserting after section 5318 the

     fol-lowing new section:

     REQUIRE-MENTS.—

      ‘‘(1) IN GENERAL.—The Secretary of the Treasury may
require domestic financial institutions and domestic financial

   agencies to take 1 or more of the special measures described
in subsection (b) if the Secretary finds that reasonable grounds
exist for concluding that a jurisdiction outside of the United
States, 1 or more financial institutions operating outside of
the United States, 1 or more classes of transactions within,
or involving, a jurisdiction outside of the United States, or
1 or more types of accounts is of primary money laundering

   concern, in accordance with subsection (c).

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

   described in—

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

    or combination as the Secretary shall determine;

    ‘‘(B) paragraphs (1) through (4) of subsection (b) may

    be imposed by regulation, order, or otherwise as permitted

    by law; and

    ‘‘(C) subsection (b)(5) may be imposed only by

    regula-tion.

     ‘‘(3) DURATION OF ORDERS; RULEMAKING.—Any order by

   which a special measure described in paragraphs (1) through
(4) of subsection (b) is imposed (other than an order described
in section 5326)—

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

    rulemaking relating to the imposition of such special

    measure; and

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

    except pursuant to a rule promulgated on or before the

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

    of such order.

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

   selecting which special measure or measures to take under

   this subsection, the Secretary of the Treasury—

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

    of Governors of the Federal Reserve System, any other

    appropriate Federal banking agency, as defined in section

    3 of the Federal Deposit Insurance Act, the Secretary of

    State, the Securities and Exchange Commission, the

    Com-modity Futures Trading Commission, the National Credit

    Union Administration Board, and in the sole discretion
of the Secretary, such other agencies and interested parties
as the Secretary may find to be appropriate; and

    ‘‘(B) shall consider—

    taken by other nations or multilateral groups;

     ‘‘(ii) whether the imposition of any particular

    spe-cial measure would create a significant competitive

    disadvantage, including any undue cost or burden

    asso-ciated with compliance, for financial institutions

    orga-nized or licensed in the United States;

    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

    national security and foreign policy.

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

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

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

     TRANSACTIONS.—

      require any domestic financial institution or domestic
financial agency to maintain records, file reports, or both,
concerning the aggregate amount of transactions, or
con-cerning each transaction, with respect to a jurisdiction
outside of the United States, 1 or more financial
institu-tions operating outside of the United States, 1 or more
classes of transactions within, or involving, a jurisdiction
outside of the United States, or 1 or more types of accounts
if the Secretary finds any such jurisdiction, institution,

      concern.

      in such manner, and for such period of time, as the
Sec-retary shall determine, and shall include such information
as the Secretary may determine, including—

       any transaction is acting;

       information; and

      ‘‘(2) INFORMATION RELATING TO BENEFICIAL OWNERSHIP.—
In addition to any other requirement under any other provision
of law, the Secretary may require any domestic financial
institu-tion or domestic financial agency to take such steps as the
Secretary may determine to be reasonable and practicable to

     obtain and retain information concerning the beneficial
owner-ship of any account opened or maintained in the United States
by a foreign person (other than a foreign entity whose shares
are subject to public reporting requirements or are listed and
traded on a regulated exchange or trading market), or a
rep-resentative of such a foreign person, that involves a jurisdiction
outside of the United States, 1 or more financial institutions
operating outside of the United States, 1 or more classes of
transactions within, or involving, a jurisdiction outside of the
United States, or 1 or more types of accounts if the Secretary
finds any such jurisdiction, institution, or transaction or type
of account to be of primary money laundering concern.

    ‘‘(3) INFORMATION RELATING TO CERTAIN PAYABLE-THROUGH
ACCOUNTS.—If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating outside
of the United States, or 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United States
to be of primary money laundering concern, the Secretary may
require any domestic financial institution or domestic financial
agency that opens or maintains a payable-through account in
the United States for a foreign financial institution involving
any such jurisdiction or any such financial institution operating
outside of the United States, or a payable through account

   through which any such transaction may be conducted, as

   a condition of opening or maintaining such account—

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

    such customer) of such financial institution who is
per-mitted to use, or whose transactions are routed through,
such payable-through account; and

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

    (and each such representative), information that is
substan-tially comparable to that which the depository institution
obtains in the ordinary course of business with respect

    to its customers residing in the United States.

    ‘‘(4) INFORMATION RELATING TO CERTAIN CORRESPONDENT
ACCOUNTS.—If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating outside
of the United States, or 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United States
to be of primary money laundering concern, the Secretary may
require any domestic financial institution or domestic financial
agency that opens or maintains a correspondent account in
the United States for a foreign financial institution involving
any such jurisdiction or any such financial institution operating
outside of the United States, or a correspondent account

   through which any such transaction may be conducted, as

   a condition of opening or maintaining such account—

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

    such customer) of any such financial institution who is

    permitted to use, or whose transactions are routed through,

    such correspondent account; and

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

    (and each such representative), information that is
substan-tially comparable to that which the depository institution
obtains in the ordinary course of business with respect

    to its customers residing in the United States.

    ‘‘(5) PROHIBITIONS OR CONDITIONS ON OPENING OR

   MAINTAINING CERTAIN CORRESPONDENT OR PAYABLE-THROUGH
ACCOUNTS.—If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating outside
of the United States, or 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United States
to be of primary money laundering concern, the Secretary,

   in consultation with the Secretary of State, the Attorney
Gen-eral, and the Chairman of the Board of Governors of the Federal
Reserve System, may prohibit, or impose conditions upon, the
opening or maintaining in the United States of a correspondent
account or payable- through account by any domestic financial
institution or domestic financial agency for or on behalf of

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

     a foreign banking institution, if such correspondent account
or payable-through account involves any such jurisdiction or
institution, or if any such transaction may be conducted through
such correspondent account or payable-through account.

      ‘‘(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.

     addition such information as the Secretary determines to be
relevant, including the following potentially relevant factors:

      par-ticular jurisdiction—

       ‘‘(i) evidence that organized criminal groups,
inter-national terrorists, or both, have transacted business
in that jurisdiction;

       ‘‘(ii) the extent to which that jurisdiction or
finan-cial institutions operating in that jurisdiction offer
bank secrecy or special regulatory advantages to

       laws of that jurisdiction;

       ‘‘(iv) the relationship between the volume of
finan-cial transactions occurring in that jurisdiction and the
size of the economy of the jurisdiction;

       expert groups;

       such jurisdiction; and

       corruption.

      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

      jurisdiction—

    or promote money laundering in or through the

    juris-diction;

     ‘‘(ii) the extent to which such institutions,

    trans-actions, or types of accounts are used for legitimate

    business purposes in the jurisdiction; and

    to ensure, with respect to transactions involving the

    jurisdiction and institutions operating in the
jurisdic-tion, that the purposes of this subchapter continue
to be fulfilled, and to guard against international

    money laundering and other financial crimes.
‘‘(d) NOTIFICATION OF SPECIAL MEASURES INVOKED BY THE Deadline.
SEC-RETARY.—Not later than 10 days after the date of any action taken
by the Secretary of the Treasury under subsection (a)(1), the
Sec-retary shall notify, in writing, the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate of any such action.

   ‘‘(e) DEFINITIONS.—Notwithstanding any other provision of this
subchapter, for purposes of this section and subsections (i) and
(j) of section 5318, the following definitions shall apply:

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

   apply with respect to a bank:

    ‘‘(A) ACCOUNT.—The term ‘account’—

     ‘‘(i) means a formal banking or business
relation-ship established to provide regular services, dealings,
and other financial transactions; and

    or other transaction or asset account and a credit

    account or other extension of credit.

    ‘‘(B) CORRESPONDENT ACCOUNT.—The term
‘cor-respondent account’ means an account established to
receive deposits from, make payments on behalf of a foreign
financial institution, or handle other financial transactions
related to such institution.

    ‘‘(C) PAYABLE-THROUGH ACCOUNT.—The term
‘payable-through account’ means an account, including a transaction
account (as defined in section 19(b)(1)(C) of the Federal
Reserve Act), opened at a depository institution by a foreign
financial institution by means of which the foreign financial
institution permits its customers to engage, either directly
or through a subaccount, in banking activities usual in

    connection with the business of banking in the United

    States.

     ‘‘(2) DEFINITIONS APPLICABLE TO INSTITUTIONS OTHER THAN

   BANKS.—With respect to any financial institution other than

   a bank, the Secretary shall, after consultation with the
appro-priate Federal functional regulators (as defined in section 509
of the Gramm-Leach-Bliley Act), define by regulation the term
‘account’, and shall include within the meaning of that term,
to the extent, if any, that the Secretary deems appropriate,
arrangements similar to payable-through and correspondent

   accounts.

    ‘‘(3) REGULATORY DEFINITION OF BENEFICIAL OWNERSHIP.—
The Secretary shall promulgate regulations defining beneficial
ownership of an account for purposes of this section and
sub-sections (i) and (j) of section 5318. Such regulations shall
address issues related to an individual’s authority to fund,

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

     direct, or manage the account (including, without limitation,
the power to direct payments into or out of the account), and
an individual’s material interest in the income or corpus of
the account, and shall ensure that the identification of
individ-uals under this section does not extend to any individual whose
beneficial interest in the income or corpus of the account is
immaterial.

      ‘‘(4) OTHER TERMS.—The Secretary may, by regulation,
fur-ther define the terms in paragraphs (1), (2), and (3), and define
other terms for the purposes of this section, as the Secretary
deems appropriate.’’.
(b) CLERICAL AMENDMENT.—The table of sections for subchapter
II of chapter 53 of title 31, United States Code, is amended by
inserting after the item relating to section 5318 the following new
item:      ‘‘5318A. Special measures for jurisdictions, financial institutions, or international