[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2975 Reported in House (RH)]
107th CONGRESS
1st Session
H. R. 2975
[Report No. 107-236, Part I]
To combat terrorism, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 2001
Mr. Sensenbrenner (for himself, Mr. Conyers, Mr. Hyde, Mr. Coble, Mr.
Goodlatte, Mr. Jenkins, Ms. Jackson-Lee of Texas, Mr. Cannon, Mr.
Meehan, Mr. Graham, Mr. Bachus, Mr. Wexler, Mr. Hostettler, Mr. Keller,
Mr. Issa, Ms. Hart, Mr. Flake, Mr. Schiff, Mr. Thomas, Mr. Goss, Mr.
Rangel, Mr. Berman, and Ms. Lofgren) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Intelligence (Permanent Select), International
Relations, Resources, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
October 11, 2001
Additional sponsors: Mr. Delahunt, Mr. Weiner, Mr. Frank, and Mr. Smith
of Texas
October 11, 2001
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
October 11, 2001
Committees on International Relations, Resources, and Ways and Means
discharged
October 11, 2001
Referral to the Permanent Select Committee on Intelligence extended for
a period ending not later than October 12, 2001
[For text of introduced bill, see copy of bill as introduced on October
2, 2001]
_______________________________________________________________________
A BILL
To combat terrorism, 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.
This Act may be cited as the ``Provide Appropriate Tools Required
to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001''.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Construction; severability.
TITLE I--INTELLIGENCE GATHERING
Subtitle A--Electronic Surveillance
Sec. 101. Modification of authorities relating to use of pen registers
and trap and trace devices.
Sec. 102. Seizure of voice-mail messages pursuant to warrants.
Sec. 103. Authorized disclosure.
Sec. 104. Savings provision.
Sec. 105. Interception of computer trespasser communications.
Sec. 106. Technical amendment.
Sec. 107. Scope of subpoenas for records of electronic communications.
Sec. 108. Nationwide service of search warrants for electronic
evidence.
Sec. 109. Clarification of scope.
Sec. 110. Emergency disclosure of electronic communications to protect
life and limb.
Sec. 111. Use as evidence.
Sec. 112. Reports concerning the disclosure of the contents of
electronic communications.
Subtitle B--Foreign Intelligence Surveillance and Other Information
Sec. 151. Period of orders of electronic surveillance of non-United
States persons under foreign intelligence
surveillance.
Sec. 152. Multi-point authority.
Sec. 153. Foreign intelligence information.
Sec. 154. Foreign intelligence information sharing.
Sec. 155. Pen register and trap and trace authority.
Sec. 156. Business records.
Sec. 157. Miscellaneous national-security authorities.
Sec. 158. Proposed legislation.
Sec. 159. Presidential authority.
Sec. 160. Clarification of no technology mandates.
Sec. 161. Civil liability for certain unauthorized disclosures.
Sec. 162. Sunset.
TITLE II--ALIENS ENGAGING IN TERRORIST ACTIVITY
Subtitle A--Detention and Removal of Aliens Engaging in Terrorist
Activity
Sec. 201. Changes in classes of aliens who are ineligible for admission
and deportable due to terrorist activity.
Sec. 202. Changes in designation of foreign terrorist organizations.
Sec. 203. Mandatory detention of suspected terrorists; habeas corpus;
judicial review.
Sec. 204. Changes in conditions for granting asylum.
Sec. 205. Multilateral cooperation against terrorists.
Sec. 206. Requiring sharing by the Federal bureau of investigation of
certain criminal record extracts with other
Federal agencies in order to enhance border
security.
Sec. 207. Inadmissibility of aliens engaged in money laundering.
Sec. 208. Program to collect information relating to nonimmigrant
foreign students and other exchange program
participants.
Sec. 209. Protection of northern border.
Subtitle B--Preservation of Immigration Benefits for Victims of
Terrorism
Sec. 211. Special immigrant status.
Sec. 212. Extension of filing or reentry deadlines.
Sec. 213. Humanitarian relief for certain surviving spouses and
children.
Sec. 214. ``Age-out'' protection for children.
Sec. 215. Temporary administrative relief.
Sec. 216. Evidence of death, disability, or loss of employment.
Sec. 217. No benefits to terrorists or family members of terrorists.
Sec. 218. Definitions.
TITLE III--CRIMINAL JUSTICE
Subtitle A--Substantive Criminal Law
Sec. 301. Statute of limitation for prosecuting terrorism offenses.
Sec. 302. Alternative maximum penalties for terrorism crimes.
Sec. 303. Penalties for terrorist conspiracies.
Sec. 304. Terrorism crimes as rico predicates.
Sec. 305. Biological weapons.
Sec. 306. Support of terrorism through expert advice or assistance.
Sec. 307. Prohibition against harboring.
Sec. 308. Post-release supervision of terrorists.
Sec. 309. Definition.
Sec. 310. Civil damages.
Subtitle B--Criminal Procedure
Sec. 351. Single-jurisdiction search warrants for terrorism.
Sec. 352. DNA identification of terrorists.
Sec. 353. Grand jury matters.
Sec. 354. Extraterritoriality.
Sec. 355. Jurisdiction over crimes committed at United States
facilities abroad.
Sec. 356. Special agent authorities.
TITLE IV--FINANCIAL INFRASTRUCTURE
Sec. 401. Laundering the proceeds of terrorism.
Sec. 402. Material support for terrorism.
Sec. 403. Assets of terrorist organizations.
Sec. 404. Technical clarification relating to provision of material
support to terrorism.
Sec. 405. Disclosure of tax information in terrorism and national
security investigations.
Sec. 406. Extraterritorial jurisdiction.
TITLE V--EMERGENCY AUTHORIZATIONS
Sec. 501. Office of Justice programs.
Sec. 502. Attorney General's authority to pay rewards.
Sec. 503. Limited authority to pay overtime.
Sec. 504. Department of State reward authority.
Sec. 505. Authorization of funds for DEA police training in South and
Central Asia.
Sec. 506. Public safety officer benefits.
TITLE VI--DAM SECURITY
Sec. 601. Security of reclamation dams, facilities, and resources.
TITLE VII--MISCELLANEOUS
Sec. 701. Employment of translators by the Federal Bureau of
Investigation.
Sec. 702. Review of the Department of Justice.
Sec. 703. 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. 704. Study of access.
Sec. 705. Enforcement of certain anti-terrorism judgments.
TITLE VIII--PRIVATE SECURITY OFFICER QUALITY ASSURANCE
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Background checks.
Sec. 804. Sense of Congress.
Sec. 805. Definitions.
SEC. 3. 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 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--INTELLIGENCE GATHERING
Subtitle A--Electronic Surveillance
SEC. 101. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS
AND TRAP AND TRACE DEVICES.
(a) General Limitation on Use by Governmental Agencies.--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 and electronic
communications''.
(b) Issuance of Orders.--
(1) In general.--Subsection (a) of section 3123 of title
18, United States Code, is amended to read as follows:
``(a) In General.--
``(1) 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 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
shall, upon service thereof, 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
assistance of the person or entity being served is related to
the order.
``(2) 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.''.
(2) Contents of order.--Subsection (b)(1) of section 3123
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:
``(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.--Subsection (d)(2) of
section 3123 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.--Paragraph (2) of
section 3127 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.--Paragraph (3) of section 3127 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 (but not including the contents of such
communication)''; and
(B) by inserting ``or process'' after ``device''
each place it appears.
(3) Trap and trace device.--Paragraph (4) of section 3127
of title 18, United States Code, is amended--
(A) by inserting ``or process'' after ``a device'';
and
(B) by striking ``of an instrument'' and all that
follows through the end and inserting ``or other
dialing, routing, addressing, and signaling information
reasonably likely to identify the source of a wire or
electronic communication (but not including the
contents of such communication);''.
(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'''.
(d) No Liability for Internet Service Providers.--Section 3124(d)
of title 18, United States Code, is amended by striking ``the terms
of''.
SEC. 102. 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 all the words
after ``commerce''; and
(B) in paragraph (14), by inserting ``wire or''
after ``transmission of''; and
(2) in section 2703--
(A) in the headings for subsections (a) and (b), by
striking ``Contents of electronic'' and inserting
``Contents of wire or electronic'';
(B) in subsection (a), by striking ``contents of an
electronic'' and inserting ``contents of a wire or
electronic'' each place it appears; and
(C) in subsection (b), by striking ``any
electronic'' and inserting ``any wire or electronic''
each place it appears.
SEC. 103. AUTHORIZED DISCLOSURE.
Section 2510(7) of title 18, United States Code, is amended by
inserting ``, and (for purposes only of section 2517 as it relates to
foreign intelligence information as that term is defined in section
101(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(e))) any Federal law enforcement, intelligence, national security,
national defense, protective, immigration personnel, or the President
or Vice President of the United States'' after ``such offenses''.
SEC. 104. SAVINGS PROVISION.
Section 2511(2)(f) of title 18, United States Code, is amended--
(1) by striking ``or chapter 121'' and inserting ``,
chapter 121, or chapter 206''; and
(2) by striking ``wire and oral'' and inserting ``wire,
oral, and electronic''.
SEC. 105. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (17), by striking ``and'' at the
end;
(B) in paragraph (18), by striking the period and
inserting a semi-colon; and
(C) by adding after paragraph (18) the following:
``(19) `protected computer' has the meaning set forth in
section 1030; and
``(20) `computer trespasser' 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.'';
(2) in section 2511(2), by inserting after paragraph (h)
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, 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.''; and
(3) in section 2520(d)(3), by inserting ``or 2511(2)(i)''
after ``2511(3)''.
SEC. 106. TECHNICAL AMENDMENT.
Section 2518(3)(c) of title 18, United States Code, is amended by
inserting ``and'' after the semicolon.
SEC. 107. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS.
Section 2703(c)(1)(C) of title 18, United States Code, 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'' and inserting the following:
``entity the--
``(i) name;
``(ii) address;
``(iii) local and long distance telephone connection
records, or records of session times and durations;
``(iv) length of service (including start date) and types
of service utilized;
``(v) telephone or instrument number or other subscriber
number or identity, including any temporarily assigned network
address; and
``(vi) means and source of payment (including any credit
card or bank account number);
of a''; and
(2) by striking ``and the types of services the subscriber
or customer utilized,'' after ``of a subscriber to or customer
of such service''.
SEC. 108. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC
EVIDENCE.
Chapter 121 of title 18, United States Code, is amended--
(1) in section 2703, by striking ``under the Federal Rules
of Criminal Procedure'' each place it appears and inserting
``using the procedures described in the Federal Rules of
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 adding the following new paragraph at the
end:
``(3) the term `court of competent jurisdiction' has the
meaning given that term in section 3127, and includes any
Federal court within that definition, without geographic
limitation.''.
SEC. 109. CLARIFICATION OF SCOPE.
Section 2511(2) of title 18, United States Code, as amended by
section 105(2) of this Act, is further amended by adding at the end the
following:
``(j) With respect to a voluntary or obligatory disclosure of
information (other than information revealing customer cable viewing
activity) under this chapter, chapter 121, or chapter 206, subsections
(c)(2)(B) and (h) of section 631 of the Communications Act of 1934 do
not apply.''.
SEC. 110. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT
LIFE AND LIMB.
(a) Section 2702 of title 18, United States Code, is amended--
(1) by amending the heading to read as follows:
``Sec. 2702. Voluntary disclosure of customer communications or
records'' ;
(2) in subsection (a)(2)(B) by striking the period and
inserting ``; and'';
(3) in subsection (a), 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.'';
(4) in subsection (b), by striking ``Exceptions.--A person
or entity'' and inserting ``Exceptions for Disclosure of
Communications.--A provider described in subsection (a)'';
(5) in subsection (b)(6)--
(A) in subparagraph (A)(ii), by striking ``or'';
(B) in subparagraph (B), by striking the period and
inserting ``; or'';
(C) by inserting 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
(6) 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;
``(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.''.
(b) Section 2703 of title 18, United States Code, is amended--
(1) so that the section heading reads as follows:
``Sec. 2703. Required disclosure of customer communications or
records'';
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``Except'' and
all that follows through ``only when'' in subparagraph
(B) and inserting ``A governmental entity may require a
provider of electronic communication service or remote
computing service to disclose a record or other
information pertaining to a subscriber to or customer
of such service (not including the contents of
communications) only when'';
(B) by striking ``or'' at the end of clause (iii)
of subparagraph (B);
(C) by striking the period at the end of clause
(iv) of subparagraph (B) and inserting ``; or'';
(D) by inserting after clause (iv) of subparagraph
(B) the following:
``(v) seeks information pursuant to subparagraph (B).'';
(E) in subparagraph (C), by striking ``(B)'' and
inserting ``(A)''; and
(F) by redesignating subparagraph (C) as
subparagraph (B); and
(3) in subsection (e), by striking ``or certification'' and
inserting ``certification, or statutory authorization''.
(c) The table of sections at the beginning of chapter 121 of title
18, United States Code, is amended so that the items relating to
sections 2702 through 2703 read as follows:
``2702. Voluntary disclosure of customer communications or records.
``2703. Required disclosure of customer communications or records.''.
SEC. 111. USE AS EVIDENCE.
(a) In General.--Section 2515 of title 18, United States Code, is
amended--
(1) by striking ``wire or oral'' in the heading and
inserting ``wire, oral, or electronic'';
(2) by striking ``Whenever any wire or oral communication
has been intercepted'' and inserting ``(a) Except as provided
in subsection (b), whenever any wire, oral, or electronic
communication has been intercepted, or any electronic
communication in electronic storage has been disclosed'';
(3) by inserting ``or chapter 121'' after ``this chapter'';
and
(4) by adding at the end the following:
``(b) Subsection (a) does not apply to the disclosure, before a
grand jury or in a criminal trial, hearing, or other criminal
proceeding, of the contents of a communication, or evidence derived
therefrom, against a person alleged to have intercepted, used, or
disclosed the communication in violation of this chapter, or chapter
121, or participated in such violation.''.
(b) Section 2517.--Paragraphs (1) and (2) of section 2517 are each
amended by inserting ``or under the circumstances described in section
2515(b)'' after ``by this chapter''.
(c) Section 2518.--Section 2518 of title 18, United States Code, is
amended--
(1) in subsection (7), by striking ``subsection (d)'' and
inserting ``subsection (8)(d)''; and
(2) in subsection (10)--
(A) in paragraph (a)--
(i) by striking ``or oral'' each place it
appears and inserting ``, oral, or
electronic'';
(ii) by striking the period at the end of
clause (iii) and inserting a semicolon; and
(iii) by inserting ``except that no
suppression may be ordered under the
circumstances described in section 2515(b).''
before ``Such motion''; and
(B) by striking paragraph (c).
(d) Clerical Amendment.--The item relating to section 2515 in the
table of sections at the beginning of chapter 119 of title 18, United
States Code, is amended to read as follows:
``2515. Prohibition of use as evidence of intercepted wire, oral, or
electronic communications.''.
SEC. 112. REPORTS CONCERNING THE DISCLOSURE OF THE CONTENTS OF
ELECTRONIC COMMUNICATIONS.
Section 2703 of title 18, United States Code, is amended by adding
at the end the following:
``(g) Reports Concerning the Disclosure of the Contents of
Electronic Communications.--
``(1) By January 31 of each calendar year, the judge
issuing or denying an order, warrant, or subpoena, or the
authority issuing or denying a subpoena, under subsection (a)
or (b) of this section during the preceding calendar year shall
report on each such order, warrant, or subpoena to the
Administrative Office of the United States Courts--
``(A) the fact that the order, warrant, or subpoena
was applied for;
``(B) the kind of order, warrant, or subpoena
applied for;
``(C) the fact that the order, warrant, or subpoena
was granted as applied for, was modified, or was
denied;
``(D) the offense specified in the order, warrant,
subpoena, or application;
``(E) the identity of the agency making the
application; and
``(F) the nature of the facilities from which or
the place where the contents of electronic
communications were to be disclosed.
``(2) In January of each year the Attorney General or an
Assistant Attorney General specially designated by the Attorney
General shall report to the Administrative Office of the United
States Courts--
``(A) the information required by subparagraphs (A)
through (F) of paragraph (1) of this subsection with
respect to each application for an order, warrant, or
subpoena made during the preceding calendar year; and
``(B) a general description of the disclosures made
under each such order, warrant, or subpoena,
including--
``(i) the approximate number of all
communications disclosed and, of those, the
approximate number of incriminating
communications disclosed;
``(ii) the approximate number of other
communications disclosed; and
``(iii) the approximate number of persons
whose communications were disclosed.
``(3) In June of each year, beginning in 2003, the Director
of the Administrative Office of the United States Courts shall
transmit to the Congress a full and complete report concerning
the number of applications for orders, warrants, or subpoenas
authorizing or requiring the disclosure of the contents of
electronic communications pursuant to subsections (a) and (b)
of this section and the number of orders, warrants, or
subpoenas granted or denied pursuant to subsections (a) and (b)
of this section during the preceding calendar year. Such report
shall include a summary and analysis of the data required to be
filed with the Administrative Office by paragraphs (1) and (2)
of this subsection. The Director of the Administrative Office
of the United States Courts is authorized to issue binding
regulations dealing with the content and form of the reports
required to be filed by paragraphs (1) and (2) of this
subsection.''.
Subtitle B--Foreign Intelligence Surveillance and Other Information
SEC. 151. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-UNITED
STATES PERSONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE.
(a) Including Agents of a Foreign Power.--(1) Section 105(e)(1) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1805(e)(1)) is amended by inserting ``or an agent of a foreign power,
as defined in section 101(b)(1)(A),'' after ``or (3),''.
(2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is amended
by inserting ``or an agent of a foreign power, as defined in section
101(b)(1)(A),'' after ``101(a),''.
(b) Period of Order.--Such section 304(d)(1) is further amended by
striking ``forty-five'' and inserting ``90''.
SEC. 152. MULTI-POINT AUTHORITY.
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 electronic surveillance may have the effect of thwarting the
identification of a specified person, such other persons,'' after
``specified person''.
SEC. 153. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and 303(a)(7)(B) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)(B), 1823(a)(7)(B)) are
each amended by striking ``that the'' and inserting ``that a
significant''.
SEC. 154. FOREIGN INTELLIGENCE INFORMATION SHARING.
It shall be lawful for foreign intelligence information (as that
term is defined in section 101(e) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(e)) obtained as part of a
criminal investigation (including information obtained pursuant to
chapter 119 of title 18, United States Code) to be provided to any
Federal law-enforcement-, intelligence-, protective-, national-defense,
or immigration personnel, or the President or the Vice President of the
United States, for the performance of official duties.
SEC. 155. PEN REGISTER AND TRAP AND TRACE AUTHORITY.
Section 402(c) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1842(c)) is amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) in paragraph (2)--
(A) by inserting ``from the telephone line to which
the pen register or trap and trace device is to be
attached, or the communication instrument or device to
be covered by the pen register or trap and trace
device'' after ``obtained''; and
(B) by striking ``; and'' and inserting a period;
and
(3) by striking paragraph (3).
SEC. 156. BUSINESS RECORDS.
(a) In General.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is amended to read as
follows:
``access to certain business records for foreign intelligence and
international terrorism investigations
``Sec. 501. (a) In any investigation to gather foreign intelligence
information or an investigation concerning international terrorism,
such investigation being conducted by the Federal Bureau of
Investigation under such guidelines as the Attorney General may approve
pursuant to Executive Order No. 12333 (or a successor order), 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) that are relevant to the investigation.
``(b) Each application under this section--
``(1) shall be made to--
``(A) a judge of the court established by section
103(a) of this Act; 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 release of records under this section on
behalf of a judge of that court; and
``(2) shall specify that the records concerned are sought
for an investigation described in subsection (a).
``(c)(1) Upon application made pursuant to this section, the judge
shall enter an ex parte order as requested requiring the production the
tangible things sought if the judge finds that the application
satisfies 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) A person who, in good faith, produces tangible things under
an order issued 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.''.
(b) Conforming Amendments.--(1) Section 502 of such Act (50 U.S.C.
1862) is repealed.
(2) Section 503 of such Act (50 U.S.C. 1863) is redesignated as
section 502.
(c) Clerical Amendment.--The table of contents at the beginning of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) is amended by striking the items relating to title V and
inserting the following:
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``Sec. 501. Access to certain business records for foreign intelligence
and international terrorism investigations.
``Sec. 502. Congressional oversight.''.
SEC. 157. MISCELLANEOUS NATIONAL-SECURITY AUTHORITIES.
(a) Section 2709(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``, or electronic communication
transactional records'' after ``toll billing records'';
and
(B) by striking ``made that'' and all that follows
through the end of such paragraph and inserting ``made
that the name, address, length of service, and toll
billing records sought are relevant to an authorized
foreign counterintelligence investigation; and''; and
(2) in paragraph (2), by striking ``made that'' and all
that follows through the end of such paragraph and inserting
``made that the information sought is relevant to an authorized
foreign counterintelligence investigation.''.
(b) Section 624 of the Fair Credit Reporting Act (Public Law 90-
321; 15 U.S.C. 1681u), as added by section 601(a) of the Intelligence
Authorization Act for Fiscal Year 1996 (Public Law 104-93; 110 Stat.
974), is amended--
(1) in subsection (a), by striking ``writing that'' and all
that follows through the end and inserting ``writing that such
information is necessary for the conduct of an authorized
foreign counterintelligence investigation.'';
(2) in subsection (b), by striking ``writing that'' and all
that follows through the end and inserting ``writing that such
information is necessary for the conduct of an authorized
foreign counterintelligence investigation.''; and
(3) in subsection (c), by striking ``camera that'' and all
that follows through ``States.'' and inserting ``camera that
the consumer report is necessary for the conduct of an
authorized foreign counterintelligence investigation.''.
SEC. 158. PROPOSED LEGISLATION.
Not later than August 31, 2003, the President shall propose
legislation relating to the provisions set to expire by section 160 of
this Act as the President may judge necessary and expedient.
SEC. 159. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) is amended in subsection (a)(1)--
(1) in subparagraph (A)--
(A) in clause (ii), by adding ``or'' after
``thereof,''; and
(B) by striking clause (iii) and inserting the
following:
``(iii) the importing or exporting of currency or
securities,
by any person, or with respect to any property, subject to the
jurisdiction of the United States;'';
(2) by striking after subparagraph (B), ``by any person, or
with respect to any property, subject to the jurisdiction of
the United States.'';
(3) in subparagraph (B)--
(A) by inserting after ``investigate'' the
following: ``, block during the pendency of an
investigation for a period of not more than 90 days
(which may be extended by an additional 60 days if the
President determines that such blocking is necessary to
carry out the purposes of this Act)''; and
(B) by striking ``interest;'' and inserting
``interest, by any person, or with respect to any
property, subject to the jurisdiction of the United
States; and''; and
(4) by adding at the end the following new subparagraph:
``(C) when a statute has been enacted authorizing the use
of force by United States armed forces against a foreign
country, foreign organization, or foreign national, or when the
United States has been subject to an armed attack by a foreign
country, foreign organization, or foreign national, confiscate
any property, subject to the jurisdiction of the United States,
of any foreign country, foreign organization, or foreign
national against whom United States armed forces may be used
pursuant to such statute or, in the case of an armed attack
against the United States, that the President determines has
planned, authorized, aided, or engaged in such attack; and
``(i) 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,
``(ii) 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, except that the proceeds
of any such liquidation or sale, or any cash assets,
shall be segregated from other United States Government
funds and shall be used only pursuant to a statute
authorizing the expenditure of such proceeds or assets,
and
``(iii) such designated agency or person may
perform any and all acts incident to the accomplishment
or furtherance of these purposes.''.
SEC. 160. CLARIFICATION OF NO TECHNOLOGY MANDATES.
Nothing in this Act shall impose any additional technical
obligation or requirement on a provider of wire or electronic
communication service or other person to furnish facilities, services,
or technical assistance.
SEC. 161. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.
(a) Chapter 119.--Section 2520 of title 18, United States Code, is
amended--
(1) by redesignating paragraph (2) of subsection (c) as
paragraph (3);
(2) by inserting after paragraph (1) of subsection (c) the
following:
``(2) In an action under this section by a citizen or legal
permanent resident of the United States against the United States or
any Federal investigative or law enforcement officer (or against any
State investigative or law enforcement officer for disclosure or
unlawful use of information obtained from Federal investigative or law
enforcement officers), the court may assess as damages whichever is the
greater of--
``(A) the sum of actual damages suffered by the plaintiff
and any profits made by the violator as a result of the
violation; or
``(B) statutory damages of whichever is the greater of $100
a day for each day of violation or $10,000.''; and
(3) by adding at the end the following:
``(f) Improper Disclosure Is Violation.--Any disclosure or use by
an investigative or law enforcement officer of information beyond the
extent permitted by section 2517 is a violation of this chapter for
purposes of section 2520(a).
``(g) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee thereof acted willfully or intentionally with respect to
the violation, the agency or bureau shall promptly initiate a
proceeding to determine whether or not disciplinary action is warranted
against the officer or employee who was responsible for the violation.
In such case, if the head of the agency or bureau determines discipline
is not appropriate, he or she shall report his or her conclusions and
the reasons therefor to the Deputy Inspector General for Civil Rights,
Civil Liberties, and the Federal Bureau of Investigation.
``(h) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(b) Chapter 121.--Section 2707 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting ``(1)'' before ``The
court'';
(2) by adding at the end of subsection (c) the following:
``(2) In an action under this section by a citizen or legal
permanent resident of the United States against the United States or
any Federal investigative or law enforcement officer (or against any
State investigative or law enforcement officer for disclosure or
unlawful use of information obtained from Federal investigative or law
enforcement officers), the court may assess as damages whichever is the
greater of--
``(A) the sum of actual damages suffered by the plaintiff
and any profits made by the violator as a result of the
violation; or
``(B) statutory damages of $10,000.''; and
(3) by adding at the end the following:
``(f) Improper Disclosure Is Violation.--Any disclosure or use by
an investigative or law enforcement officer of information beyond the
extent permitted by section 2517 is a violation of this chapter for
purposes of section 2707(a).
``(g) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee thereof acted willfully or intentionally with respect to
the violation, the agency or bureau shall promptly initiate a
proceeding to determine whether or not disciplinary action is warranted
against the officer or employee who was responsible for the violation.
In such case, if the head of the agency or bureau determines discipline
is not appropriate, he or she shall report his or her conclusions and
the reasons therefor to the Deputy Inspector General for Civil Rights,
Civil Liberties, and the Federal Bureau of Investigation.
``(h) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(c) Chapter 206.--
(1) In general.--Chapter 206 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 3128. Civil action
``(a) Cause of Action.--Except as provided in subsections (d) and
(e) of section 3124, any person aggrieved by any violation of this
chapter may in a civil action recover from the person or entity which
engaged in that violation such relief as may be appropriate.
``(b) Relief.--In any action under this section, appropriate relief
includes--
``(1) such preliminary and other equitable or declaratory
relief as may be appropriate;
``(2) damages under subsection (c) and punitive damages in
appropriate cases; and
``(3) a reasonable attorney's fee and other litigation
costs reasonably incurred.
``(c) Damages.--In any action under this section, the court may
assess as damages whichever is the greater of--
``(1) the sum of the actual damages suffered by the
plaintiff and any profits made by the violator as a result of
the violation; or
``(2) statutory damages of $10,000.
``(d) Limitation.--A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
``(e) Improper Disclosure Is Violation.--Any disclosure or use by
an investigative or law enforcement officer of information beyond the
extent permitted by section 2517 is a violation of this chapter for
purposes of section 3128(a).
``(f) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee thereof acted willfully or intentionally with respect to
the violation, the agency or bureau shall promptly initiate a
proceeding to determine whether or not disciplinary action is warranted
against the officer or employee who was responsible for the violation.
In such case, if the head of the agency or bureau determines discipline
is not appropriate, he or she shall report his or her conclusions and
the reasons therefor to the Deputy Inspector General for Civil Rights,
Civil Liberties, and the Federal Bureau of Investigation.
``(g) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(2) Clerical Amendment.--The table of sections at the beginning of
chapter 206 of title 18, United States Code, is amended by adding at
the end the following new item:
``3128. Civil action.''.
(d) Foreign Intelligence Surveillance Act of 1978.--(1) Section 110
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1810)
is amended--
(A) by inserting ``(a)'' before ``Civil Action.--'';
(B) by inserting ``or entity'' after ``shall have a cause
of action against any person'';
(C) by striking ``(a) actual'' and inserting ``(1)
actual'';
(D) by striking ``(b) punitive'' and inserting ``(2)
punitive'';
(E) by striking ``(c) reasonable'' and inserting ``(3)
reasonable'';
(F) by striking ``$1,000'' and inserting ``$10,000''; and
(G) by adding at the end the following new subsections:
``(b) Limitation.--A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
``(c) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee thereof acted willfully or intentionally with respect to
the violation, the agency or bureau shall promptly initiate a
proceeding to determine whether or not disciplinary action is warranted
against the officer or employee who was responsible for the violation.
In such case, if the head of the agency or bureau determines discipline
is not appropriate, the head shall report conclusions for the
determination and the reasons therefor to the Deputy Inspector General
for Civil Rights, Civil Liberties, and the Federal Bureau of
Investigation.
``(d) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(2) Section 308 of the the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1828) is amended--
(A) by inserting ``(a) Civil Action.--'' before ``An
aggrieved person,'';
(B) by inserting ``or entity'' after ``shall have a cause
of action against any person'';
(C) by striking ``$1,000'' and inserting ``$10,000''; and
(D) by adding at the end the following new subsections:
``(b) Limitation.--A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
``(c) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee thereof acted willfully or intentionally with respect to
the violation, the agency or bureau shall promptly initiate a
proceeding to determine whether or not disciplinary action is warranted
against the officer or employee who was responsible for the violation.
In such case, if the head of the agency or bureau determines discipline
is not appropriate, the head shall report the conclusions for the
determination and the reasons therefor to the Deputy Inspector General
for Civil Rights, Civil Liberties, and the Federal Bureau of
Investigation.
``(d) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(3)(A) Title IV of the the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1841 et seq.) is amended by adding at the end the
following new sections:
``penalties
``Sec. 407. (a) Prohibited activities.--A person is guilty of an
offense if the person intentionally--
``(1) installs or uses a pen register or trap and trace
device under color of law except as authorized by statute; or
``(2) discloses or uses information obtained under color of
law by using a pen register or trap and trace device, knowing
or having reason to know that the information was obtained
through using a pen register or trap and trace device not
authorized by statute.
``(b) Defense.--It is a defense to a prosecution under subsection
(a) that the defendant was a law enforcement or investigative officer
engaged in the course of his official duties and the pen register or
trap and trace device was authorized by and conducted pursuant to a
search warrant or court order of a court of competent jurisdiction.
``(c) Penalties.--An offense described in this section is
punishable by a fine of not more than $10,000 or imprisonment for not
more than five years, or both.
``(d) Federal Jurisdiction .--There is Federal jurisdiction over an
offense under this section if the person committing the offense was an
officer or employee of the United States at the time the offense was
committed.
``civil liability
``Sec. 408. (a) Civil Action.--An aggrieved person, other than a
foreign power or an agent of a foreign power, as defined in section
101(a) or (b)(1)(A), respectively, who has been subjected to a pen
register or trap and trace device or about whom information obtained by
a pen register or trap and trace device has been disclosed or used in
violation of section 407 shall have a cause of action against any
person or entity who committed such violation and shall be entitled to
recover--
``(1) actual damages, but not less than liquidated damages
of $10,000, whichever is greater;
``(2) punitive damages; and
``(3) reasonable attorney's fees and other investigation
and litigation costs reasonably incurred.
``(b) Limitation.--A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
``(c) Administrative Discipline.--If a court determines that the
United States or any agency or bureau thereof has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee thereof acted willfully or intentionally with respect to
the violation, the agency or bureau shall promptly initiate a
proceeding to determine whether or not disciplinary action is warranted
against the officer or employee who was responsible for the violation.
In such case, if the head of the agency or bureau determines discipline
is not appropriate, the head shall report the conclusions for the
determination and the reasons therefor to the Deputy Inspector General
for Civil Rights, Civil Liberties, and the Federal Bureau of
Investigation.
``(d) Actions Against the United States.--Any action against the
United States shall be conducted under the procedures of the Federal
Tort Claims Act. Any award against the United States shall be deducted
from the budget of the appropriate agency or bureau employing or
managing the officer or employee who was responsible for the
violation.''.
(B) The table of contents at the beginning of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by adding at the end of the items relating to title IV the
following new items:
``Sec. 407. Penalties.
``Sec. 408. Civil liability.''.
SEC. 162. SUNSET.
This title and the amendments made by this title (other than
sections 106 (relating to technical amendment), 109 (relating to
clarification of scope), and 159 (relating to presidential authority))
and the amendments made by those sections shall take effect on the date
of enactment of this Act and shall cease to have any effect on December
31, 2003.
TITLE II--ALIENS ENGAGING IN TERRORIST ACTIVITY
Subtitle A--Detention and Removal of Aliens Engaging in Terrorist
Activity
SEC. 201. CHANGES IN CLASSES OF ALIENS WHO ARE INELIGIBLE FOR ADMISSION
AND DEPORTABLE DUE TO TERRORIST ACTIVITY.
(a) Aliens Ineligible for Admission Due to Terrorist Activities.--
Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) in subclauses (I), (II), and (III), by striking
the comma at the end and inserting a semicolon;
(B) by amending subclause (IV) to read as follows:
``(IV) is a representative of--
``(a) a foreign terrorist
organization, as designated by
the Secretary of State under
section 219; or
``(b) a political, social,
or other similar group whose
public endorsement of terrorist
activity the Secretary of State
has determined undermines the
efforts of the United States to
reduce or eliminate terrorist
activities;'';
(C) in subclause (V), by striking any comma at the
end, by striking any ``or'' at the end, and by adding
``; or'' at the end; and
(D) by inserting after subclause (V) the following:
``(VI) has used the alien's
prominence within a foreign state or
the United States 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 the efforts of the United
States to reduce or eliminate terrorist
activities;'';
(2) in clause (ii)--
(A) in the matter preceding subclause (I), by
striking ``(or which, if committed in the United
States,'' and inserting ``(or which, if it had been or
were to be committed in the United States,''; and
(B) in subclause (V)(b), by striking ``explosive or
firearm'' and inserting ``explosive, firearm, or other
object'';
(3) by amending clause (iii) to read as follows:
``(iii) Engage in terrorist activity
defined.--As used in this Act, the term `engage
in terrorist activity' means, in an individual
capacity or as a member of an organization--
``(I) to commit a terrorist
activity;
``(II) to plan or prepare to commit
a terrorist activity;
``(III) to gather information on
potential targets for a terrorist
activity;
``(IV) to solicit funds or other
things of value for--
``(a) a terrorist activity;
``(b) an organization
designated as a foreign
terrorist organization under
section 219; or
``(c) a terrorist
organization described in
clause (v)(II), but only if the
solicitor knows, or reasonably
should know, that the
solicitation would further a
terrorist activity;
``(V) to solicit any individual--
``(a) to engage in conduct
otherwise described in this
clause;
``(b) for membership in a
terrorist government;
``(c) for membership in an
organization designated as a
foreign terrorist organization
under section 219; or
``(d) for membership in a
terrorist organization
described in clause (v)(II),
but only if the solicitor
knows, or reasonably should
know, that the solicitation
would further a 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, and radiological
weapons), explosives, or training--
``(a) for the commission of
a terrorist activity;
``(b) to any individual who
the actor knows, or reasonably
should know, has committed or
plans to commit a terrorist
activity;
``(c) to an organization
designated as a foreign
terrorist organization under
section 219; or
``(d) to a terrorist
organization described in
clause (v)(II), but only if the
actor knows, or reasonably
should know, that the act would
further a terrorist
activity.''; and
(4) by adding at the end the following:
``(v) Terrorist organization defined.--As
used in this subparagraph, the term `terrorist
organization' means--
``(I) an organization designated as
a foreign terrorist organization under
section 219; or
``(II) with regard to a group that
is not an organization described in
subclause (I), a group of 2 or more
individuals, whether organized or not,
which engages in, or which has a
significant subgroup which engages in,
the activities described in subclause
(I), (II), or (III) of clause (iii).
``(vi) Special rule for material support.--
Clause (iii)(VI)(b) shall not be construed to
include the affording of material support to an
individual who committed or planned to commit a
terrorist activity, if the alien establishes by
clear and convincing evidence that such support
was afforded only after such individual
permanently and publicly renounced, rejected
the use of, and had ceased to engage in,
terrorist activity.''.
(b) Aliens Ineligible for Admission Due to Endangerment.--Section
212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3))
is amended by adding at the end the following:
``(F) Endangerment.--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.''.
(c) Aliens Deportable Due to Terrorist Activities.--Section
237(a)(4)(B) of the Immigration and Nationality (8 U.S.C.
1227(a)(4)(B)) is amended to read as follows:
``(B) Terrorist activities.--Any alien is
deportable who--
``(i) has engaged, is engaged, or at any
time after admission engages in terrorist
activity (as defined in section
212(a)(3)(B)(iii));
``(ii) is a representative (as defined in
section 212(a)(3)(B)(iv)) of--
``(I) a foreign terrorist
organization, as designated by the
Secretary of State under section 219;
or
``(II) a political, social, or
other similar group whose public
endorsement of terrorist activity--
``(a) is intended and
likely to incite or produce
imminent lawless action; and
``(b) has been determined
by the Secretary of State to
undermine the efforts of the
United States to reduce or
eliminate terrorist activities;
or
``(iii) has used the alien's prominence
within a foreign state or the United States--
``(I) to endorse, in a manner that
is intended and likely to incite or
produce imminent lawless action and
that has been determined by the
Secretary of State to undermine the
efforts of the United States to reduce
or eliminate terrorist activities,
terrorist activity; or
``(II) to persuade others, in a
manner that is intended and likely to
incite or produce imminent lawless
action and that has been determined by
the Secretary of State to undermine the
efforts of the United States to reduce
or eliminate terrorist activities, to
support terrorist activity or a
terrorist organization (as defined in
section 212(a)(3)(B)(v)).''.
(d) Retroactive Application of Amendments.--
(1) In general.--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 such date, as
well as actions taken 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, the
amendments made by this section 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.--
(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. 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)(b), (V)(c), or (VI)(c) of
section 212(a)(3)(B)(iii) of such Act (as so amended)
with respect to a group at any time when the group was
not a foreign terrorist organization designated by the
Secretary of State under section 219 of such Act (8
U.S.C. 1189).
(B) 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)(b), (V)(c),
or (VI)(c) of section 212(a)(3)(B)(iii) of such
Act (as so amended) with respect to a foreign
terrorist organization at any time when such
organization was designated by the Secretary of
State under section 219 of such Act; or
(ii) described in subclause (IV)(c),
(V)(d), or (VI)(d) of section 212(a)(3)(B)(iii)
of such Act (as so amended) with respect to any
group described in any of such subclauses.
SEC. 202. CHANGES IN DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) 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)--
(A) in subparagraph (B), by striking
``212(a)(3)(B));'' and inserting ``212(a)(3)(B)),
engages in 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 to engage in terrorism (as so defined);'';
and
(B) in subparagraph (C), by inserting ``or
terrorism'' after ``activity'';
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
``(A) Notice.--
``(i) In general.--Seven days before a
designation is made under this subsection, the
Secretary of State 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, the members of
the relevant committees, and the Secretary of
the Treasury, in writing, of the intent to
designate a foreign organization under this
subsection, together with the findings made
under paragraph (1) with respect to that
organization, and the factual basis therefor.
``(ii) Publication of designation.--The
Secretary of State shall publish the
designation in the Federal Register seven days
after providing the notification under clause
(i).'';
(B) in subparagraph (B), by striking ``(A).'' and
inserting ``(A)(ii).''; and
(C) in subparagraph (C), by striking ``paragraph
(2),'' and inserting ``subparagraph (A)(i),'';
(3) in paragraph (3)(B), by striking ``subsection (c).''
and inserting ``subsection (b).';
(4) in paragraph (4)(B), by inserting after the first
sentence the following: ``The Secretary may also 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.'';
(5) in paragraph (6)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
inserting ``or a redesignation made under
paragraph (4)(B)'' after ``paragraph (1)'';
(ii) in clause (i)--
(I) by inserting ``or
redesignation'' after ``designation''
the first place it appears; and
(II) by striking ``of the
designation;'' and inserting a
semicolon; and
(iii) in clause (ii), by striking ``of the
designation.'' and inserting a period;
(B) in subparagraph (B), by striking ``through
(4)'' and inserting ``and (3)''; and
(C) by adding at the end the following:
``(C) Effective date.--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.'';
(6) in paragraph (7), by inserting ``, or the revocation of
a redesignation under paragraph (6),'' after ``(5) or (6)'';
and
(7) in paragraph (8)--
(A) by striking ``(1)(B),'' and inserting ``(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''.
(b) Authority to Initiate Designations, Redesignations, and
Revocations.--Section 219 of the Immigration and Nationality Act (8
U.S.C. 1189), as amended by subsection (a), is further amended--
(1) by striking ``Secretary'' each place such term appears,
excluding subparagraphs (A) and (C) of subsection (a)(2), and
inserting ``official specified under subsection (d)'';
(2) in subsection (c)--
(A) in paragraph (2), by adding ``and'' at the end;
(B) in paragraph (3), by striking ``; and'' at the
end and inserting a period; and
(C) by striking paragraph (4); and
(3) by adding at the end the following:
``(d) Implementation of Duties and Authorities.--
``(1) By secretary or attorney general.--Except as
otherwise provided in this subsection, the duties under this
section shall, and authorities under this section may, be
exercised by--
``(A) the Secretary of State--
``(i) after consultation with the Secretary
of the Treasury and with the concurrence of the
Attorney General; or
``(ii) upon instruction by the President
pursuant to paragraph (2); or
``(B) the Attorney General--
``(i) after consultation with the Secretary
of the Treasury and with the concurrence of the
Secretary of State; or
``(ii) upon instruction by the President
pursuant to paragraph (2).
``(2) Concurrence.--The Secretary of State and the Attorney
General shall each seek the other's concurrence in accordance
with paragraph (1). In any case in which such concurrence is
denied or withheld, the official seeking the concurrence shall
so notify the President and shall request the President to make
a determination as to how the issue shall be resolved. Such
notification and request of the President may not be made
before the earlier of--
``(A) the date on which a denial of concurrence is
received; or
``(B) the end of the 60-day period beginning on the
date the concurrence was sought.
``(3) Exception.--It shall be the duty of the Secretary of
State to carry out the procedural requirements of paragraphs
(2)(A) and (6)(B) of subsection (a) in all cases, including
cases in which a designation or revocation is initiated by the
Attorney General.''.
SEC. 203. 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:
``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 or
found not to be inadmissible or deportable, as the case may be.
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).
``(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 under paragraph (1) who has been ordered removed based
on one or more of the grounds of inadmissibility or
deportability referred to in paragraph (3)(A), who has not been
removed within the removal period specified 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 if the Attorney General demonstrates that the
release of the alien will not protect the national security of
the United States or adequately ensure the safety of the
community or any person.
``(b) Habeas Corpus and Judicial Review.--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 initiated
in the United States District Court for the District of Columbia.
Notwithstanding any other provision of law, including section 2241 of
title 28, United States Code, 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.''.
(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 terrorists; 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 an alien who may be so certified; or
(D) were released from detention.
SEC. 204. CHANGES IN CONDITIONS FOR GRANTING ASYLUM.
(a) In General.--Section 208(b)(2)(A)(v) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended--
(1) by striking ``inadmissible under'' each place such term
appears and inserting ``described in''; and
(2) by striking ``removable under'' and inserting
``described in''.
(b) Retroactive Application of Amendments.--The amendments made by
subsection (a) shall take effect on the date of the enactment of this
Act and shall apply to--
(1) actions taken by an alien before such date, as well as
actions taken on or after such date; and
(2) all aliens, without regard to the date of entry or
attempted entry into the United States, whose application for
asylum is pending on or after such date (except for
applications with respect to which there has been a final
administrative decision before such date).
SEC. 205. MULTILATERAL COOPERATION AGAINST TERRORISTS.
Section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) is amended--
(1) by striking ``The records'' and inserting ``(1) Subject
to paragraphs (2) and (3), the records'';
(2) by striking ``United States,'' and all that follows
through the period at the end and inserting ``United States.'';
and
(3) by adding at the end the following:
``(2) In the discretion of the Secretary of State, certified copies
of such records may be made available to a court which certifies that
the information contained in such records is needed by the court in the
interest of the ends of justice in a case pending before the court.
``(3)(A) Subject to the provisions of this paragraph, the Secretary
of State may provide copies of records of the Department of State and
of diplomatic and consular offices of the United States (including the
Department of State's automated visa lookout database) pertaining to
the issuance or refusal of visas or permits to enter the United States,
or information contained in such records, to foreign governments if the
Secretary determines that it is necessary and appropriate.
``(B) Such records and information may be provided on a case-by-
case basis for the purpose of preventing, investigating, or punishing
acts of terrorism. General access to records and information may be
provided under an agreement to limit the use of such records and
information to the purposes described in the preceding sentence.
``(C) The Secretary of State shall make any determination under
this paragraph in consultation with any Federal agency that compiled or
provided such records or information.
``(D) To the extent possible, such records and information shall be
made available to foreign governments on a reciprocal basis.''.
SEC. 206. REQUIRING SHARING BY THE FEDERAL BUREAU OF INVESTIGATION OF
CERTAIN CRIMINAL RECORD EXTRACTS WITH OTHER FEDERAL
AGENCIES IN ORDER TO ENHANCE BORDER SECURITY.
(a) In General.--Section 105 of the Immigration and Nationality Act
(8 U.S.C. 1105), is amended--
(1) in the section heading, by adding ``and data exchange''
at the end;
(2) by inserting ``(a) Liaison With Internal Security
Officers.--'' after ``105.'';
(3) by striking ``the internal security of'' and inserting
``the internal and border security of''; and
(4) by adding at the end the following:
``(b) Criminal History Record Information.--The Attorney General
and the Director of the Federal Bureau of Investigation shall provide
the Secretary of State and the Commissioner access to the criminal
history record information contained in the National Crime Information
Center's Interstate Identification Index, 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
official to be provided access, for the purpose of determining whether
a visa applicant or applicant for admission has a criminal history
record indexed in any such file. Such access shall be provided by means
of extracts of the records for placement in the Department of State's
automated visa lookout database or other appropriate database, and
shall be provided without any fee or charge. The Director of the
Federal Bureau of Investigation shall provide periodic updates of the
extracts at intervals mutually agreed upon by the Attorney General and
the official provided access. Upon receipt of such updated extracts,
the receiving official shall make corresponding updates to the
official's databases and destroy previously provided extracts. Such
access to any extract shall not be construed to entitle the Secretary
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 Secretary 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) Reconsideration.--The provision of the extracts described in
subsection (b) may be reconsidered by the Attorney General and the
receiving official upon the development and deployment of a more cost-
effective and efficient means of sharing the information.
``(d) Regulations.--For purposes of administering this section, the
Secretary of State shall, prior to receiving access to National Crime
Information Center data, promulgate final regulations--
``(1) to implement procedures for the taking of
fingerprints; and
``(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 to issue a visa to an
individual;
``(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) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by amending the item relating to section
105 to read as follows:
``Sec. 105. Liaison with internal security officers and data
exchange.''.
(c) Effective Date and Implementation.--The amendments made by this
section shall take effect on the date of the enactment of this Act and
shall be fully implemented not later than 18 months after such date.
(d) Reporting Requirement.--Not later than 2 years after the date
of the enactment of this Act, the Attorney General and the Secretary of
State, jointly, shall report to the Congress on the implementation of
the amendments made by this section.
(e) 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 Interstate Identification Index, or to any
other information maintained by such center, 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 sections 212 through 216 of the
National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C.
14611 et seq.).
SEC. 207. 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 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. 208. PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT
FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM PARTICIPANTS.
(a) Changes in Deadlines.--Section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is
amended--
(1) in subsection (f), by striking ``Not later than 4 years
after the commencement of the program established under
subsection (a),'' and inserting ``Not later than 120 days after
the date of the enactment of the PATRIOT Act of 2001,''; and
(2) in subsection (g)(1), by striking ``12 months'' and
inserting ``120 days''.
(b) Increased Fee for Certain Students.--Section 641(e)(4)(A) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(e)(4)(A)) is amended by adding at the end the following:
``In the case of an alien who is a national of a country, the
government of which the Secretary of State has determined, for purposes
of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)), has repeatedly provided support for acts of
international terrorism, the Attorney General may impose on, and
collect from, the alien a fee that is greater than that imposed on
other aliens described in paragraph (3).''.
(c) Data Exchange.--Section 641 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Data Exchange.--Notwithstanding any other provision of law,
the Attorney General shall provide to the Secretary of State and the
Director of the Federal Bureau of Investigation the information
collected under subsection (a)(1).''.
SEC. 209. PROTECTION OF NORTHERN BORDER.
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) in each State along the northern border;
(2) such sums as may be necessary to triple the number of
Immigration and Naturalization Service inspectors (from the
number authorized under current law) at ports of entry in each
State along the northern border; and
(3) an additional $50,000,000 to the Immigration and
Naturalization Service for purposes of enhancing technology for
security and enforcement at the northern border, such as
infrared technology and technology that enhances coordination
between the Governments of Canada and the United States
generally and specifically between Canadian police and the
Federal Bureau of Investigation.
Subtitle B--Preservation of Immigration Benefits for Victims of
Terrorism
SEC. 211. 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--
(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. 212. 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.
(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.
(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), 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, 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 if the
principal alien were not deceased.
(d) Extension of Expiration of Immigrant Visas.--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 to 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.
(e) Grants of Parole Extended.--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.
(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. 213. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND
CHILDREN.
(a) Treatment as Immediate Relatives.--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.
(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 family-
sponsored immigrant under section 203(a)(2) of the Immigration
and Nationality Act may file a petition for such classification
with the Attorney General, if the spouse, child, son, or
daughter was present in the United States on September 11,
2001. Such spouse, child, son, or daughter may be eligible for
deferred action and work authorization.
(3) Aliens described.--An alien is described in this
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.
(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. 214. ``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. 215. 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. 216. 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 is
not required to promulgate regulations prior to implementing this
subtitle.
SEC. 217. 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. 218. 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 III--CRIMINAL JUSTICE
Subtitle A--Substantive Criminal Law
SEC. 301. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM OFFENSES.
(a) In General.--Section 3286 of title 18, United States Code, is
amended to read as follows:
``Sec. 3286. Terrorism offenses
``(a) An indictment may be found or an information instituted at
any time without limitation for any Federal terrorism offense or any of
the following offenses:
``(1) A violation of, or an attempt or conspiracy to
violate, section 32 (relating to destruction of aircraft or
aircraft facilities), 37(a)(1) (relating to violence at
international airports), 175 (relating to biological weapons),
229 (relating to chemical weapons), 351(a)-(d) (relating to
congressional, cabinet, and Supreme Court assassination and
kidnaping), 791 (relating to harboring terrorists), 831
(relating to nuclear materials), 844(f) or (i) when it relates
to bombing (relating to arson and bombing of certain property),
1114(1) (relating to protection of officers and employees of
the United States), 1116, if the offense involves murder
(relating to murder or manslaughter of foreign officials,
official guests, or internationally protected persons), 1203
(relating to hostage taking), 1751(a)-(d) (relating to
Presidential and Presidential staff assassination and
kidnaping), 2332(a)(1) (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) of this title.
``(2) Section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C.
2284);
``(3) Section 601 (relating to disclosure of identities of
covert agents) of the National Security Act of 1947 (50 U.S.C.
421).
``(4) Section 46502 (relating to aircraft piracy) of title
49.
``(b) An indictment may be found or an information instituted
within 15 years after the offense was committed for any of the
following offenses:
``(1) Section 175b (relating to biological weapons), 842(m)
or (n) (relating to plastic explosives), 930(c) if it involves
murder (relating to possessing a dangerous weapon in a Federal
facility), 956 (relating to conspiracy to injure property of a
foreign government), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7)
(relating to protection of computers), 1362 (relating to
destruction of communication lines, stations, or systems), 1366
(relating to destruction of an energy facility), 1992 (relating
to trainwrecking), 2152 (relating to injury of fortifications,
harbor defenses, or defensive sea areas), 2155 (relating to
destruction of national defense materials, premises, or
utilities), 2156 (relating to production of defective national
defense materials, premises, or utilities), 2280 (relating to
violence against maritime navigation), 2281 (relating to
violence against maritime fixed platforms), 2339A (relating to
providing material support to terrorists), 2339B (relating to
providing material support to terrorist organizations), or
2340A (relating to torture).
``(2) Any of the following provisions of title 49: the
second sentence of section 46504 (relating to assault on a
flight crew with a dangerous weapon), section 46505(b)(3),
(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, or section
60123(b) (relating to destruction of interstate gas or
hazardous liquid pipeline facility) of title 49.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 213 of title 18, United States Code, is amended by amending the
item relating to section 3286 to read as follows:
``3286. Terrorism offenses.''.
(c) Application.--The amendments made by this section shall apply
to the prosecution of any offense committed before, on, or after the
date of enactment of this section.
SEC. 302. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES.
Section 3559 of title 18, United States Code, is amended by adding
after subsection (d) the following:
``(e) Authorized Terms of Imprisonment for Terrorism Crimes.--A
person convicted of any Federal terrorism offense may be sentenced to
imprisonment for any term of years or for life, notwithstanding any
maximum term of imprisonment specified in the law describing the
offense. The authorization of imprisonment under this subsection is
supplementary to, and does not limit, the availability of any other
penalty authorized by the law describing the offense, including the
death penalty, and does not limit the applicability of any mandatory
minimum term of imprisonment, including any mandatory life term,
provided by the law describing the offense.''.
SEC. 303. PENALTIES FOR TERRORIST CONSPIRACIES.
Chapter 113B of title 18, United States Code, is amended--
(1) by inserting after section 2332b the following:
``Sec. 2332c. Attempts and conspiracies
``(a) Except as provided in subsection (c), any person who attempts
or conspires to commit any Federal terrorism offense shall be subject
to the same penalties as those prescribed for the offense, the
commission of which was the object of the attempt or conspiracy.
``(b) Except as provided in subsection (c), any person who attempts
or conspires to commit any offense described in section 25(2) shall be
subject to the same penalties as those prescribed for the offense, the
commission of which was the object of the attempt or conspiracy.
``(c) A death penalty may not be imposed by operation of this
section.''; and
(2) in the table of sections at the beginning of the
chapter, by inserting after the item relating to section 2332b
the following new item:
``2332c. Attempts and conspiracies.''.
SEC. 304. TERRORISM CRIMES AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or (F)'' and inserting ``(F)''; and
(2) by striking ``financial gain.'' and inserting
``financial gain, or (G) any act that is a Federal terrorism
offense or is indictable under any of the following provisions
of law: section 32 (relating to destruction of aircraft or
aircraft facilities), 37(a)(1) (relating to violence at
international airports), 175 (relating to biological weapons),
229 (relating to chemical weapons), 351(a)-(d) (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) or (i) when it
involves a bombing (relating to arson and bombing of certain
property), 930(c) when it involves an attack on a Federal
facility, 1114 when it involves murder (relating to protection
of officers and employees of the United States), 1116 when it
involves murder (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), 1366
(relating to destruction of an energy facility), 1751(a)-(d)
(relating to Presidential and Presidential staff assassination
and kidnaping), 1992 (relating to trainwrecking), 2280
(relating to violence against maritime navigation), 2281
(relating to violence against maritime fixed platforms), 2332a
(relating to use of weapons of mass destruction), 2332b
(relating to acts of terrorism transcending national
boundaries), 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; section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C.
2284); or section 46502 (relating to aircraft piracy) or
60123(b) (relating to destruction of interstate gas or
hazardous liquid pipeline facility) of title 49;''.
SEC. 305. BIOLOGICAL WEAPONS.
Chapter 10 of title 18, United States Code, is amended--
(1) in section 175--
(A) in subsection (b)--
(i) by striking, ``section, the'' and
inserting ``section--
``(1) the'';
(ii) by striking ``does not include'' and
inserting ``includes'';
(iii) by inserting ``other than'' after
``system for''; and
(iv) by striking ``purposes.'' and
inserting ``purposes, and
``(2) 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.'';
(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, or other peaceful purpose, shall be fined
under this title, imprisoned not more than 10 years, or both.'';
(2) by inserting after section 175a the following:
``Sec. 175b. Possession by restricted persons
``(a) No restricted person described in subsection (b) shall ship
or transport in 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)(1) 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 such title; except that 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.
``(b) As used in this section, the term `restricted person' means
an individual who--
``(1) is under indictment for a crime punishable by
imprisonment for a term exceeding 1 year;
``(2) has been convicted in any court of a crime punishable
by imprisonment for a term exceeding 1 year;
``(3) is a fugitive from justice;
``(4) is an unlawful user of any controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802));
``(5) is an alien illegally or unlawfully in the United
States;
``(6) has been adjudicated as a mental defective or has
been committed to any mental institution; or
``(7) 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.
``(c) As used in this section, the term `alien' has the same
meaning as that term is given in section 1010(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3)), and the term `lawfully'
admitted for permanent residence has the same meaning as that term is
given in section 101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20)).
``(d) Whoever knowingly violates this section shall be fined under
this title or imprisoned not more than ten years, or both, but the
prohibition contained in this section shall not apply with respect to
any duly authorized governmental activity under title V of the National
Security Act of 1947.''; and
(3) in the table of sections in the beginning of such
chapter, by inserting after the item relating to section 175a
the following:
``175b. Possession by restricted persons.''.
SEC. 306. SUPPORT OF TERRORISM THROUGH EXPERT ADVICE OR ASSISTANCE.
Section 2339A of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``a violation'' and all that
follows through ``49'' and inserting ``any Federal
terrorism offense or any offense described in section
25(2)''; and
(B) by striking ``violation,'' and inserting
``offense,''; and
(2) in subsection (b), by inserting ``expert advice or
assistance,'' after ``training,''.
SEC. 307. PROHIBITION AGAINST HARBORING.
(a) Title 18, United States Code, is amended by inserting before
section 792 the following:
0``Sec. 791. Prohibition against harboring
``Whoever harbors or conceals any person who he knows has
committed, or is about to commit, an offense described in section 25(2)
or this title shall be fined under this title or imprisoned not more
than ten years or both. There is extraterritorial Federal jurisdiction
over any violation of this section or any conspiracy or attempt to
violate this section. A violation of this section or of such a
conspiracy or attempt 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) The table of sections at the beginning of chapter 37 of title
18, United States Code, is amended by inserting before the item
relating to section 792 the following:
``791. Prohibition against harboring.''.
SEC. 308. 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 Offenses.--
Notwithstanding subsection (b), the authorized terms of supervised
release for any Federal terrorism offense are any term of years or
life.''.
SEC. 309. DEFINITION.
(a) Chapter 1 of title 18, United States Code, is amended--
(1) by adding after section 24 a new section as follows:
``Sec. 25. Federal terrorism offense defined
``As used in this title, the term `Federal terrorism offense' means
an offense that is--
``(1) is calculated to influence or affect the conduct of
government by intimidation or coercion; or to retaliate against
government conduct; and
``(2) is a violation of, or an attempt or conspiracy to
violate- 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, 175b (relating to biological
weapons), 229 (relating to chemical weapons), 351(a)-(d)
(relating to congressional, cabinet, and Supreme Court
assassination and kidnaping), 791 (relating to harboring
terrorists), 831 (relating to nuclear materials), 842(m) or (n)
(relating to plastic explosives), 844(f) or (i) (relating to
arson and bombing of certain property), 930(c), 956 (relating
to conspiracy to injure property of a foreign government),
1030(a)(1), 1030(a)(5)(A), or 1030(a)(7) (relating to
protection of computers), 1114 (relating to protection 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), 1361 (relating to injury of Government
property or contracts), 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 (relating
to destruction of an energy facility), 1751(a)-(d) (relating to
Presidential and Presidential staff assassination and
kidnaping), 1992, 2152 (relating to injury of fortifications,
harbor defenses, or defensive sea areas), 2155 (relating to
destruction of national defense materials, premises, or
utilities), 2156 (relating to production of defective 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), 2339A (relating to providing material support to
terrorists), 2339B (relating to providing material support to
terrorist organizations), or 2340A (relating to torture);
``(3) section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C.
2284);
``(4) section 601 (relating to disclosure of identities of
covert agents) of the National Security Act of 1947 (50 U.S.C.
421); or
``(5) any of the following provisions of title 49: 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), (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, or section 60123(b) (relating
to destruction of interstate gas or hazardous liquid pipeline
facility) of title 49.''; and
(2) in the table of sections in the beginning of such
chapter, by inserting after the item relating to section 24 the
following:
``25. Federal terrorism offense defined.''.
(b) Section 2332b(g)(5)(B) of title 18, United States Code, is
amended by striking ``is a violation'' and all that follows through
``title 49'' and inserting ``is a Federal terrorism offense''.
(c) Section 2331 of title 18, United States Code, is amended--
(1) in paragraph (1)(B)--
(A) by inserting ``(or to have the effect)'' after
``intended''; and
(B) in clause (iii), by striking ``by assassination
or kidnapping'' and inserting ``(or any function
thereof) by mass destruction, assassination, or
kidnapping (or threat thereof)'';
(2) in paragraph (3), by striking ``and'';
(3) in paragraph (4), by striking the period and inserting
``; and''; and
(4) by inserting the following paragraph (4):
``(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; and
``(B) appear to be intended (or to have the
effect)--
``(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 (or any function thereof) by mass
destruction, assassination, or kidnapping (or
threat thereof).''.
SEC. 310. CIVIL DAMAGES.
Section 2707(c) of title 18, United States Code, is amended by
striking ``$1,000'' and inserting ``$10,000''.
Subtitle B--Criminal Procedure
SEC. 351. 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 court of the United States (including
a magistrate judge of such court), or any United States Court of
Appeals, having jurisdiction over the offense being investigated, for a
search of property or for a person within or outside the district''.
SEC. 352. DNA IDENTIFICATION OF TERRORISTS.
Section 3(d)(1) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135a(d)(1)) is amended--
(1) by redesignating subparagraph (G) as subparagraph (H);
and
(2) by inserting after subparagraph (F) the a new
subparagraph as follows:
``(G) Any Federal terrorism offense (as defined in section
25 of title 18, United States Code).''.
SEC. 353. GRAND JURY MATTERS.
Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is
amended--
(1) by adding after clause (iv) the following:
``(v) when permitted by a court at the
request of an attorney for the government, upon
a showing that the matters pertain to
international or domestic terrorism (as defined
in section 2331 of title 18, United States
Code) or national security, to any Federal law
enforcement, intelligence, national security,
national defense, protective, immigration
personnel, or to the President or Vice
President of the United States, for the
performance of official duties.'';
(2) by striking ``or'' at the end of clause (iii); and
(3) by striking the period at the end of clause (iv) and
inserting ``; or''.
SEC. 354. EXTRATERRITORIALITY.
Chapter 113B of title 18, United States Code, is amended--
(1) in the heading for section 2338, by striking
``Exclusive'';
(2) in section 2338, by inserting ``There is
extraterritorial Federal jurisdiction over any Federal
terrorism offense and any offense under this chapter, in
addition to any extraterritorial jurisdiction that may exist
under the law defining the offense, if the person committing
the offense or the victim of the offense is a national of the
United States (as defined in section 101 of the Immigration and
Nationality Act) or if the offense is directed at the security
or interests of the United States.'' before ``The district
courts''; and
(3) in the table of sections at the beginning of such
chapter, by striking ``Exclusive'' in the item relating to
section 2338.
SEC. 355. JURISDICTION OVER CRIMES COMMITTED AT UNITED STATES
FACILITIES ABROAD.
Section 7 of title 18, United States Code, is amended by adding at
the end the following:
``(9)(A) With respect to offenses committed by or against a
United States national, as defined in section 1203(c) of this
title--
``(i) 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 the land appurtenant
or ancillary thereto, irrespective of ownership, used
for purposes of those missions or entities; and
``(ii) 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, except that this paragraph
does not supercede any treaty or international
agreement in force on the date of the enactment of this
paragraph.
``(B) This paragraph does not apply with respect to an
offense committed by a person described in section 3261(a).''.
SEC. 356. SPECIAL AGENT AUTHORITIES.
(a) General Authority of Special Agents.--Section 37(a) of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) in the course of performing the functions set forth
in paragraphs (1) and (3), obtain and execute search and arrest
warrants, as well as obtain and serve subpoenas and summonses,
issued under the authority of the United States;'';
(2) in paragraph (3)(F) by inserting ``or President-elect''
after ``President''; and
(3) by striking paragraph (5) and inserting the following:
``(5) in the course of performing the functions set forth
in paragraphs (1) and (3), make arrests without warrant for any
offense against the United States committed in the presence of
the special agent, or for any felony cognizable under the laws
of the United States if the special agent has reasonable
grounds to believe that the person to be arrested has committed
or is committing such felony.''.
(b) Crimes.--Section 37 of such Act (22 U.S.C. 2709) is amended by
inserting after subsection (c) the following new subsections:
``(d) Interference With Agents.--Whoever knowingly and willfully
obstructs, resists, or interferes with a Federal law enforcement agent
engaged in the performance of the protective functions authorized by
this section shall be fined under title 18 or imprisoned not more than
one year, or both.
``(e) Persons Under Protection of Special Agents.--Whoever engages
in any conduct--
``(1) directed against an individual entitled to protection
under this section, and
``(2) which would constitute a violation of section 112 or
878 of title 18, United States Code, if such individual were a
foreign official, an official guest, or an internationally
protected person, shall be subject to the same penalties as are
provided for such conduct directed against an individual
subject to protection under such section of title 18.''.
TITLE IV--FINANCIAL INFRASTRUCTURE
SEC. 401. 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. 402. MATERIAL SUPPORT FOR TERRORISM.
Section 2339A of title 18, United States Code, is amended--
(1) in subsection (a), by adding 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), by striking ``or other financial
securities'' and inserting ``or monetary instruments or
financial securities''.
SEC. 403. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is amended by
inserting after subparagraph (F) the following:
``(G) All assets, foreign or domestic--
``(i) of any person, entity, or organization
engaged in planning or perpetrating any act of domestic
terrorism 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 for the
purpose of supporting, planning, conducting, or
concealing an act of domestic terrorism 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
terrorism or international terrorism (as defined in
section 2331) against the United States, citizens or
residents of the United States, or their property.''.
SEC. 404. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL
SUPPORT TO TERRORISM.
No provision of title IX of Public Law 106-387 shall be understood
to limit or otherwise affect section 2339A or 2339B of title 18, United
States Code.
SEC. 405. DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL
SECURITY INVESTIGATIONS.
(a) Disclosure Without a Request of Information Relating to
Terrorist Activities, Etc.--Paragraph (3) of section 6103(i) of the
Internal Revenue Code of 1986 (relating to disclosure of return
information to apprise appropriate officials of criminal activities or
emergency circumstances) is amended by adding at the end the following
new subparagraph:
``(C) Terrorist activities, etc.--
``(i) In general.--Except as provided in
paragraph (6), the Secretary may disclose in
writing return information (other than taxpayer
return information) that may be related to a
terrorist incident, threat, or activity to the
extent necessary to apprise the head of the
appropriate Federal law enforcement agency
responsible for investigating or responding to
such terrorist incident, threat, or activity.
The head of the agency may disclose such return
information to officers and employees of such
agency to the extent necessary to investigate
or respond to such terrorist incident, threat,
or activity.
``(ii) Disclosure to the department of
justice.--Returns and taxpayer return
information may also be disclosed to the
Attorney General under clause (i) to the extent
necessary for, and solely for use in preparing,
an application under paragraph (7)(D).
``(iii) Taxpayer identity.--For purposes of
this subparagraph, a taxpayer's identity shall
not be treated as taxpayer return information.
``(iv) Termination.--No disclosure may be
made under this subparagraph after December 31,
2003.''.
(b) Disclosure Upon Request of Information Relating to Terrorist
Activities, Etc.--Subsection (i) of section 6103 of such Code (relating
to disclosure to Federal officers or employees for administration of
Federal laws not relating to tax administration) is amended by
redesignating paragraph (7) as paragraph (8) and by inserting after
paragraph (6) the following new paragraph:
``(7) Disclosure upon request of information relating to
terrorist activities, etc.--
``(A) Disclosure to law enforcement agencies.--
``(i) In general.--Except as provided in
paragraph (6), upon receipt by the Secretary of
a written request which meets the requirements
of clause (iii), the Secretary may disclose
return information (other than taxpayer return
information) to officers and employees of any
Federal law enforcement agency who are
personally and directly engaged in the response
to or investigation of terrorist incidents,
threats, or activities.
``(ii) Disclosure to state and local law
enforcement agencies.--The head of any Federal
law enforcement agency may disclose return
information obtained under clause (i) to
officers and employees of any State or local
law enforcement agency but only if such agency
is part of a team with the Federal law
enforcement agency in such response or
investigation and such information is disclosed
only to officers and employees who are
personally and directly engaged in such
response or investigation.
``(iii) Requirements.--A request meets the
requirements of this clause if--
``(I) the request is made by the
head of any Federal law enforcement
agency (or his delegate) involved in
the response to or investigation of
terrorist incidents, threats, or
activities, and
``(II) the request sets forth the
specific reason or reasons why such
disclosure may be relevant to a
terrorist incident, threat, or
activity.
``(iv) Limitation on use of information.--
Information disclosed under this subparagraph
shall be solely for the use of the officers and
employees to whom such information is disclosed
in such response or investigation.
``(B) Disclosure to intelligence agencies.--
``(i) In general.--Except as provided in
paragraph (6), upon receipt by the Secretary of
a written request which meets the requirements
of clause (ii), the Secretary may disclose
return information (other than taxpayer return
information) to those officers and employees of
the Department of Justice, the Department of
the Treasury, and other Federal intelligence
agencies who are personally and directly
engaged in the collection or analysis of
intelligence and counterintelligence
information or investigation concerning
terrorists and terrorist organizations and
activities. For purposes of the preceding
sentence, the information disclosed under the
preceding sentence shall be solely for the use
of such officers and employees in such
investigation, collection, or analysis.
``(ii) Requirements.--A request meets the
requirements of this subparagraph if the
request--
``(I) is made by an individual
described in clause (iii), and
``(II) sets forth the specific
reason or reasons why such disclosure
may be relevant to a terrorist
incident, threat, or activity.
``(iii) Requesting individuals.--An
individual described in this subparagraph is an
individual--
``(I) who is an officer or employee
of the Department of Justice or the
Department of the Treasury who is
appointed by the President with the
advice and consent of the Senate or who
is the Director of the United States
Secret Service, and
``(II) who is responsible for the
collection and analysis of intelligence
and counterintelligence information
concerning terrorists and terrorist
organizations and activities.
``(iv) Taxpayer identity.--For purposes of
this subparagraph, a taxpayer's identity shall
not be treated as taxpayer return information.
``(C) Disclosure under ex parte orders.--
``(i) In general.--Except as provided in
paragraph (6), any return or return information
with respect to any specified taxable period or
periods shall, pursuant to and upon the grant
of an ex parte order by a Federal district
court judge or magistrate under clause (ii), be
open (but only to the extent necessary as
provided in such order) to inspection by, or
disclosure to, officers and employees of any
Federal law enforcement agency or Federal
intelligence agency who are personally and
directly engaged in any investigation, response
to, or analysis of intelligence and
counterintelligence information concerning any
terrorist activity or threats. Return or return
information opened pursuant to the preceding
sentence shall be solely for the use of such
officers and employees in the investigation,
response, or analysis, and in any judicial,
administrative, or grand jury proceedings,
pertaining to any such terrorist activity or
threat.
``(ii) Application for order.--The Attorney
General, the Deputy Attorney General, the
Associate Attorney General, any Assistant
Attorney General, or any United States attorney
may authorize an application to a Federal
district court judge or magistrate for the
order referred to in clause (i). Upon such
application, such judge or magistrate may grant
such order if he determines on the basis of the
facts submitted by the applicant that--
``(I) there is reasonable cause to
believe, based upon information
believed to be reliable, that the
taxpayer whose return or return
information is to be disclosed may be
connected to a terrorist activity or
threat,
``(II) there is reasonable cause to
believe that the return or return
information may be relevant to a matter
relating to such terrorist activity or
threat, and
``(III) the return or return
information is sought exclusively for
use in a Federal investigation,
analysis, or proceeding concerning
terrorist activity, terrorist threats,
or terrorist organizations.
``(D) Special rule for ex parte disclosure by the
irs.--
``(i) In general.--Except as provided in
paragraph (6), the Secretary may authorize an
application to a Federal district court judge
or magistrate for the order referred to in
subparagraph (C)(i). Upon such application,
such judge or magistrate may grant such order
if he determines on the basis of the facts
submitted by the applicant that the
requirements of subclauses (I) and (II) of
subparagraph (C)(ii) are met.
``(ii) Limitation on use of information.--
Information disclosed under clause (i)--
``(I) may be disclosed only to the
extent necessary to apprise the head of
the appropriate Federal law enforcement
agency responsible for investigating or
responding to a terrorist incident,
threat, or activity, and
``(II) shall be solely for use in a
Federal investigation, analysis, or
proceeding concerning terrorist
activity, terrorist threats, or
terrorist organizations.
The head of such Federal agency may disclose
such information to officers and employees of
such agency to the extent necessary to
investigate or respond to such terrorist
incident, threat, or activity.
``(E) Termination.--No disclosure may be made under
this paragraph after December 31, 2003.''.
(c) Conforming Amendments.--
(1) Section 6103(a)(2) of such Code is amended by inserting
``any local law enforcement agency receiving information under
subsection (i)(7)(A),'' after ``State,''.
(2) The heading of section 6103(i)(3) of such Code is
amended by inserting ``or terrorist'' after ``criminal''.
(3) Paragraph (4) of section 6103(i) of such Code is
amended--
(A) in subparagraph (A) by inserting ``or (7)(C)''
after ``paragraph (1)'', and
(B) in subparagraph (B) by striking ``or (3)(A)''
and inserting ``(3)(A) or (C), or (7)''.
(4) Paragraph (6) of section 6103(i) of such Code is
amended--
(A) by striking ``(3)(A)'' and inserting ``(3)(A)
or (C)'', and
(B) by striking ``or (7)'' and inserting ``(7), or
(8)''.
(5) Section 6103(p)(3) of such Code is amended--
(A) in subparagraph (A) by striking ``(7)(A)(ii)''
and inserting ``(8)(A)(ii)'', and
(B) in subparagraph (C) by striking
``(i)(3)(B)(i)'' and inserting ``(i)(3)(B)(i) or
(7)(A)(ii)''.
(6) Section 6103(p)(4) of such Code is amended--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``or (5),'' the first place
it appears and inserting ``(5), or (7),'', and
(ii) by striking ``(i)(3)(B)(i)'' and
inserting ``(i)(3)(B)(i) or (7)(A)(ii)'', and
(B) in subparagraph (F)(ii) by striking ``or (5),''
the first place it appears and inserting ``(5) or
(7),''.
(7) Section 6103(p)(6)(B)(i) of such Code is amended by
striking ``(i)(7)(A)(ii)'' and inserting ``(i)(8)(A)(ii)''.
(8) Section 7213(a)(2) of such Code is amended by striking
``(i)(3)(B)(i),'' and inserting ``(i)(3)(B)(i) or
(7)(A)(ii),''.
(e) Effective Date.--The amendments made by this section shall
apply to disclosures made on or after the date of the enactment of this
Act.
SEC. 406. 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 V--EMERGENCY AUTHORIZATIONS
SEC. 501. OFFICE OF JUSTICE PROGRAMS.
(a) In connection with the airplane hijackings and terrorist acts
(including, without limitation, any related search, rescue, relief,
assistance, or other similar activities) that occurred on September 11,
2001, in the United States, amounts transferred to the Crime Victims
Fund from the Executive Office of the President or funds appropriated
to the President shall not be subject to any limitation on obligations
from amounts deposited or available in the Fund.
(b) Section 112 of title I of section 101(b) of division A of
Public Law 105-277 and section 108(a) of the Departments of Commerce,
Justice, and State, The Judiciary, and Related Agencies Appropriations
Act, 2000 (H.R. 3421 of the 106th Congress, as enacted into law by
section 1000(a)(1) of Public Law 106-113; Appendix A; 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 I of Public Law 90-351)''; and
(2) by inserting ``functions, including any'' after
``all''.
(c) Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C.
10603b) is amended by inserting ``, to victim service organizations, to
public agencies (including Federal, State, or local governments), and
to non-governmental organizations that provide assistance to victims of
crime,'' after ``programs''.
(d) Section 1 of Public Law 107-37 is amended--
(1) by inserting ``(containing identification of all
eligible payees of benefits under section 1201)'' before ``by
a'';
(2) by inserting ``producing permanent and total
disability'' after ``suffered a catastrophic injury''; and
(3) by striking ``1201(a)'' and inserting ``1201''.
SEC. 502. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS.
(a) In General.--(1) Title 18, United States Code, is amended by
striking sections 3059 through 3059B and inserting the following:
``Sec. 3059. Rewards and appropriations therefor
``(a) In General.--Subject to subsection (b), the Attorney General
may pay rewards in accordance with procedures and regulations
established or issued by the Attorney General.
``(b) Limitations.-- The following limitations apply with respect
to awards under subsection (a):
``(1) No such reward, other than in connection with a
terrorism offense or as otherwise specifically provided by law,
shall exceed $2,000,000.
``(2) 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.
``(3) 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 the House of
Representatives not later than 30 days after the approval of a
reward under paragraph (2);
``(4) Any executive agency or military department (as
defined, respectively, in sections 105 and 102 of title 5) may
provide the Attorney General with funds for the payment of
rewards.
``(5) Neither the failure to make or authorize such a
reward nor the amount of any such reward made or authorized
shall be subject to judicial review.
``(c) Definition.--In this section, the term `reward' means a
payment pursuant to public advertisements for assistance to the
Department of Justice.''.
(2) The items relating to sections 3059A through 3059B in the table
of sections at the beginning of chapter 203 of title 18, United States
Code, are repealed.
(b) Conforming Amendments.----
(1) Section 3075 of title 18, United States Code, and that
portion of section 3072 of title 18, United States Code, that
follows the first sentence, are repealed.
(2) Public Law 101-647 is amended--
(A) in section 2565 (12 U.S.C. 4205)--
(i) by striking all the matter after
``section 2561,'' in subsection (c)(1) and
inserting ``the Attorney General may, in the
Attorney General's discretion, pay a reward to
the declaring.''; and
(ii) by striking subsection (e); and
(B) by striking section 2569 (12 U.S.C. 4209).
SEC. 503. 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 Support 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 each place it occurs: ``Provided''
and all that follows through ``That none of the funds available to the
Immigration and Naturalization Service shall be available to pay any
employee overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2001:''.
SEC. 504. DEPARTMENT OF STATE REWARD AUTHORITY.
(a) Changes in Reward Authority.--Section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended--
(1) in subsection (b)--
(A) by striking ``or'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph
(5) and inserting ``, including by dismantling an
organization in whole or significant part; or''; and
(C) by adding at the end the following new
paragraph:
``(6) the identification or location of an individual who
holds a 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) by amending subsection (e)(1) to read as follows:
``(1) Amount of award.--
``(A) Except as provided in subparagraph (B), no
reward paid under this section may exceed $10,000,000.
``(B) The Secretary of State may authorize the
payment of an award not to exceed $25,000,000 if the
Secretary determines that payment of an award exceeding
the amount under subparagraph (A) is important to the
national interest of the United States.''.
(b) Sense of Congress Regarding Rewards Relating to the September
11, 2001 Attack.--It is the sense of the Congress that the Secretary of
State should use the authority of section 36 of the State Department
Basic Authorities Act of 1956, as amended by subsection (a), to offer a
reward of $25,000,000 for Osama bin Laden and other leaders of the
September 11, 2001 attack on the United States.
SEC. 505. 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.
SEC. 506. PUBLIC SAFETY OFFICER BENEFITS.
(a) In General.--Section 1201(a) of title I 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''.
(b) Effective Date.--The amendment made by this section shall apply
to any death or disability occurring on or after January 1, 2001.
TITLE VI--DAM SECURITY
SEC. 601. SECURITY OF RECLAMATION DAMS, FACILITIES, AND RESOURCES.
Section 2805(a) of the Reclamation Recreation Management Act of
1992 (16 U.S.C. 460l-33(a)) is amended by adding at the end the
following:
``(3) Any person who violates any such regulation which is issued
pursuant to this Act shall be fined under title 18, United States Code,
imprisoned not more than 6 months, or both. Any person charged with a
violation of such regulation may be tried and sentenced by any United
States magistrate judge designated for that purpose by the court by
which such judge was appointed, in the same manner and subject to the
same conditions and limitations as provided for in section 3401 of
title 18, United States Code.
``(4) The Secretary may--
``(A) authorize law enforcement personnel from the
Department of the Interior to act as law enforcement officers
to maintain law and order and protect persons and property
within a Reclamation project or on Reclamation lands;
``(B) authorize law enforcement personnel of any other
Federal agency that has law enforcement authority, with the
exception of the Department of Defense, or law enforcement
personnel of any State or local government, including Indian
tribes, when deemed economical and in the public interest, and
with the concurrence of that agency or that State or local
government, to act as law enforcement officers within a
Reclamation project or on Reclamation lands with such
enforcement powers as may be so assigned them by the Secretary
to carry out the regulations promulgated under paragraph (2);
``(C) cooperate with any State or local government,
including Indian tribes, in the enforcement of the laws or
ordinances of that State or local government; and
``(D) provide reimbursement to a State or local government,
including Indian tribes, for expenditures incurred in
connection with activities under subparagraph (B).
``(5) Officers or employees designated or authorized by the
Secretary under paragraph (4) are authorized to--
``(A) carry firearms within a Reclamation project or on
Reclamation lands 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 if they have reasonable grounds to believe that the
person to be arrested has committed or is committing such a
felony, and if such arrests occur within a Reclamation project
or on Reclamation lands or the person to be arrested is fleeing
therefrom to avoid arrest;
``(B) execute within a Reclamation project or on
Reclamation lands any warrant or other process issued by a
court or officer of competent jurisdiction for the enforcement
of the provisions of any Federal law or regulation issued
pursuant to law for an offense committed within a Reclamation
project or on Reclamation lands; and
``(C) conduct investigations within a Reclamation project
or on Reclamation lands of offenses against the United States
committed within a Reclamation project or on Reclamation lands,
if the Federal law enforcement agency having investigative
jurisdiction over the offense committed declines to investigate
the offense or concurs with such investigation.
``(6)(A) Except as otherwise provided in this paragraph, a law
enforcement officer of any State or local government, including Indian
tribes, designated to act as a law enforcement officer under paragraph
(4) shall not be deemed a Federal employee and shall not be subject to
the provisions of law relating to Federal employment, including those
relating to hours of work, rates of compensation, employment
discrimination, leave, unemployment compensation, and Federal benefits.
``(B) For purposes of chapter 171 of title 28, United States Code,
popularly known as the Federal Tort Claims Act, a law enforcement
officer of any State or local government, including Indian tribes,
shall, when acting as a designated law enforcement officer under
paragraph (4) and while under Federal supervision and control, and only
when carrying out Federal law enforcement responsibilities, be
considered a Federal employee.
``(C) For purposes of subchapter I of chapter 81 of title 5, United
States Code, relating to compensation to Federal employees for work
injuries, a law enforcement officer of any State or local government,
including Indian tribes, shall, when acting as a designated law
enforcement officer under paragraph (4) and while under Federal
supervision and control, and only when carrying out Federal law
enforcement responsibilities, be deemed a civil service employee of the
United States within the meaning of the term `employee' as defined in
section 8101 of title 5, and the provisions of that subchapter shall
apply. Benefits under this subchapter shall be reduced by the amount of
any entitlement to State or local workers' compensation benefits
arising out of the same injury or death.
``(7) Nothing in paragraphs (3) through (9) shall be construed or
applied to limit or restrict the investigative jurisdiction of any
Federal law enforcement agency, or to affect any existing right of a
State or local government, including Indian tribes, to exercise civil
and criminal jurisdiction within a Reclamation project or on
Reclamation lands.
``(8) For the purposes of this subsection, the term `law
enforcement personnel' means employees of a Federal, State, or local
government agency, including an Indian tribal agency, who have
successfully completed law enforcement training approved by the
Secretary and are authorized to carry firearms, make arrests, and
execute service of process to enforce criminal laws of their employing
jurisdiction.
``(9) The law enforcement authorities provided for in this
subsection may be exercised only pursuant to rules and regulations
promulgated by the Secretary and approved by the Attorney General.''.
TITLE VII--MISCELLANEOUS
SEC. 701. 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.
(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. 702. REVIEW OF THE DEPARTMENT OF JUSTICE.
(a) Appointment of Deputy Inspector General for Civil Rights, Civil
Liberties, and the Federal Bureau of Investigation.--The Inspector
General of the Department of Justice shall appoint a Deputy Inspector
General for Civil Rights, Civil Liberties, and the Federal Bureau of
Investigation (hereinafter in this section referred to as the
``Deputy'').
(b) Civil Rights and Civil Liberties Review.--The Deputy shall--
(1) review information alleging abuses of civil rights,
civil liberties, and racial and ethnic profiling by government
employees and officials including 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
Deputy; 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.
(c) Inspector General Oversight Plan for the Federal Bureau of
Investigation.--Not later than 30 days after the date of the enactment
of this Act, the Inspector General of the Department of Justice shall
submit to the Congress a plan for oversight of the Federal Bureau of
Investigation. The Inspector General shall consider the following
activities for inclusion in such plan:
(1) Financial systems.--Auditing the financial systems,
information technology systems, and computer security systems
of the Federal Bureau of Investigation.
(2) Programs and processes.--Auditing and evaluating
programs and processes of the Federal Bureau of Investigation
to identify systemic weaknesses or implementation failures and
to recommend corrective action.
(3) Internal affairs offices.--Reviewing the activities of
internal affairs offices of the Federal Bureau of
Investigation, including the Inspections Division and the
Office of Professional Responsibility.
(4) Personnel.--Investigating allegations of serious
misconduct by personnel of the Federal Bureau of Investigation.
(5) Other programs and operations.--Reviewing matters
relating to any other program or and operation of the Federal
Bureau of Investigation that the Inspector General determines
requires review.
(6) Resources.--Identifying resources needed by the
Inspector General to implement such plan.
(d) Review of Investigative Tools.--Not later than August 31, 2003,
the Deputy shall review the implementation, use, and operation
(including the impact on civil rights and liberties) of the law
enforcement and intelligence authorities contained in title I of this
Act and provide a report to the President and Congress.
SEC. 703. 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. 704. STUDY OF ACCESS.
(a) In General.--Not later than December 31, 2002, 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 for
fiscal years 2002 though 2003 not more than $250,000 to carry out
subsection (a).
SEC. 705. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.
(a) Short Title.--This section may be cited as the ``Justice for
Victims of Terrorism Act''.
(b) Definition.--
(1) In general.--Section 1603(b) of title 28, United States
Code, is amended--
(A) in paragraph (3) by striking the period and
inserting ``; and'';
(B) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively (and
by moving the margins 2 em spaces to the right);
(C) by striking ``(b)'' through ``entity--'' and
inserting the following:
``(b) An `agency or instrumentality of a foreign state' means--
``(1) any entity--''; and
(D) by adding at the end the following:
``(2) for purposes of sections 1605(a)(7) and 1610(a)(7)
and (f), any entity as defined under subparagraphs (A) and (B)
of paragraph (1), and subparagraph (C) of paragraph (1) shall
not apply.''.
(2) Technical and conforming amendment.--Section 1391(f)(3)
of title 28, United States Code, is amended by striking
``1603(b)'' and inserting ``1603(b)(1)''.
(c) Enforcement of Judgments.--Section 1610(f) of title 28, United
States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``(including
any agency or instrumentality or such state)'' and
inserting ``(including any agency or instrumentality of
such state), except to the extent of any punitive
damages awarded''; and
(B) by adding at the end the following:
``(C) Notwithstanding any other provision of law, moneys due from
or payable by the United States (including any agency or
instrumentality thereof) to any state against which a judgment is
pending under section 1605(a)(7) shall be subject to attachment and
execution with respect to that judgment, in like manner and to the same
extent as if the United States were a private person, except to the
extent of any punitive damages awarded.''; and
(2) by striking paragraph (3) and adding the following:
``(3)(A) Subject to subparagraph (B), upon determining on an asset-
by-asset basis that a waiver is necessary in the national security
interest, the President may waive this subsection in connection with
(and prior to the enforcement of) any judicial order directing
attachment in aid of execution or execution against any property
subject to the Vienna Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations.
``(B) A waiver under this paragraph shall not apply to--
``(i) if property subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular
Relations has been used for any nondiplomatic purpose
(including use as rental property), the proceeds of such use;
or
``(ii) if any asset subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular
Relations is sold or otherwise transferred for value to a third
party, the proceeds of such sale or transfer.
``(C) In this paragraph, the term `property subject to the Vienna
Convention on Diplomatic Relations or the Vienna Convention on Consular
Relations' and the term `asset subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular Relations'
mean any property or asset, respectively, the attachment in aid of
execution or execution of which would result in a violation of an
obligation of the United States under the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular Relations, as
the case may be.
``(4) For purposes of this subsection, all assets of any agency or
instrumentality of a foreign state shall be treated as assets of that
foreign state.''.
(d) Effective Date.--The amendments made by this section shall
apply to any claim for which a foreign state is not immune under
section 1605(a)(7) of title 28, United States Code, arising before, on,
or after the date of the enactment of this Act.
(e) Paygo Adjustment.--The Director of the Office of Management and
Budget shall not make any estimates of changes in direct spending
outlays and receipts under section 252(d) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)) for any fiscal
year resulting from the enactment of this section.
TITLE VIII--PRIVATE SECURITY OFFICER QUALITY ASSURANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ``Private Security Officer Quality
Assurance Act of 2001''.
SEC. 802. FINDINGS.
Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) the private security industry provides numerous
opportunities for entry-level job applicants, including
individuals suffering from unemployment due to economic
conditions or dislocations;
(3) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are only supplemented by private security officers
who provide prevention and reporting services in support of,
but not in place of, regular sworn police;
(4) given the growth of large private shopping malls, and
the consequent reduction in the number of public shopping
streets, the American public is more likely to have contact
with private security personnel in the course of a day than
with sworn law enforcement officers;
(5) regardless of the differences in their duties, skill,
and responsibilities, the public has difficulty in discerning
the difference between sworn law enforcement officers and
private security personnel; and
(6) the American public demands the employment of
qualified, well-trained private security personnel as an
adjunct, but not a replacement for sworn law enforcement
officers.
SEC. 803. BACKGROUND CHECKS.
(a) In General.--An association of employers of private security
officers, designated for the purpose of this section by the Attorney
General, may submit fingerprints or other methods of positive
identification approved by the Attorney General, to the Attorney
General on behalf of any applicant for a State license or certificate
of registration as a private security officer or employer of private
security officers. In response to such a submission, the Attorney
General may, to the extent provided by State law conforming to the
requirements of the second paragraph under the heading ``Federal Bureau
of Investigation'' and the subheading ``Salaries and Expenses'' in
title II of Public Law 92-544 (86 Stat. 1115), exchange, for licensing
and employment purposes, identification and criminal history records
with the State governmental agencies to which such applicant has
applied.
(b) Regulations.--The Attorney General may prescribe such
regulations as may be necessary to carry out this section, including
measures relating to the security, confidentiality, accuracy, use, and
dissemination of information and audits and recordkeeping and the
imposition of fees necessary for the recovery of costs.
(c) Report.--The Attorney General shall report to the Senate and
House Committees on the Judiciary 2 years after the date of enactment
of this Act on the number of inquiries made by the association of
employers under this section and their disposition.
SEC. 804. SENSE OF CONGRESS.
It is the sense of Congress that States should participate in the
background check system established under section 803.
SEC. 805. DEFINITIONS.
As used in this title--
(1) the term ``employee'' includes an applicant for
employment;
(2) the term ``employer'' means any person that--
(A) employs one or more private security officers;
or
(B) provides, as an independent contractor, for
consideration, the services of one or more private
security officers (possibly including oneself);
(3) the term ``private security officer''--
(A) means--
(i) an individual who performs security
services, full or part time, for consideration
as an independent contractor or an employee,
whether armed or unarmed and in uniform or
plain clothes whose primary duty is to perform
security services, or
(ii) an individual who is an employee of an
electronic security system company who is
engaged in one or more of the following
activities in the State: burglar alarm
technician, fire alarm technician, closed
circuit television technician, access control
technician, or security system monitor; but
(B) does not include--
(i) sworn police officers who have law
enforcement powers in the State,
(ii) attorneys, accountants, and other
professionals who are otherwise licensed in the
State,
(iii) employees whose duties are primarily
internal audit or credit functions,
(iv) persons whose duties may incidentally
include the reporting or apprehension of
shoplifters or trespassers, or
(v) an individual on active duty in the
military service;
(4) the term ``certificate of registration'' means a
license, permit, certificate, registration card, or other
formal written permission from the State for the person to
engage in providing security services;
(5) the term ``security services'' means the performance of
one or more of the following:
(A) the observation or reporting of intrusion,
larceny, vandalism, fire or trespass;
(B) the deterrence of theft or misappropriation of
any goods, money, or other item of value;
(C) the observation or reporting of any unlawful
activity;
(D) the protection of individuals or property,
including proprietary information, from harm or
misappropriation;
(E) the control of access to premises being
protected;
(F) the secure movement of prisoners;
(G) the maintenance of order and safety at
athletic, entertainment, or other public activities;
(H) the provision of canine services for protecting
premises or for the detection of any unlawful device or
substance; and
(I) the transportation of money or other valuables
by armored vehicle; and
(6) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
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