[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.
                                 <all>