Page:United States Statutes at Large Volume 115 Part 1.djvu/389

 PUBLIC LAW 107-56 —OCT. 26, 2001 115 STAT. 367 "(2) The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section lly of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for offenses affecting the duties of the United States Secret Service pursuant to section 3056(a) of this title. "(3) Such authority shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.". (b) REAUTHORIZATION OF JURISDICTION UNDER 18 U.S.C. 1344.— Section 3056(b)(3) of title 18, United States Code, is amended by striking "credit and debit card frauds, and false identification documents or devices" and inserting "access device frauds, false identification documents or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution". SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS. Section 444 of the General Education Provisions Act (20 U.S.C. 1232g), is amended by adding after subsection (i) a new subsection (j) to read as follows: " (j) INVESTIGATION AND PROSECUTION OF TERRORISM.— "(1) IN GENERAL. —Notwithstanding subsections (a) through (i) or any provision of State law, the Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) may submit a written application to a court of 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 para- Courts. graph (1) if the court finds that the application for the order includes the certification described in subparagraph (A). " (3) PROTECTION OF EDUCATIONAL AGENCY OR INSTITU- TION.— An educational agency or institution that, in good faith, produces education records in accordance with an order issued

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