[Congressional Record Volume 147, Number 137 (Friday, October 12, 2001)]
[House]
[Pages H6726-H6776]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PATRIOT ACT OF 2001

  Mr. SENSENBRENNER. Mr. Speaker, pursuant to House Resolution 264, I 
call up the bill (H.R. 2975) to combat terrorism, and for other 
purposes, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 264, the bill 
is considered read for amendment.
  The text of H.R. 2975 is as follows:

                               H. R. 2975

       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.

[[Page H6727]]

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. 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. Multilateral cooperation against terrorists.
Sec. 205. Changes in conditions for granting asylum and asylum 
              procedures.
Sec. 206. Protection of northern border.
Sec. 207. Requiring sharing by the Federal Bureau of Investigation of 
              certain criminal record extracts with other Federal 
              agencies in order to enhance border security.

    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.

                         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. 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.
       ``(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

[[Page H6728]]

       (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) 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--
       ``(A) name;
       ``(B) address;
       ``(C) local and long distance telephone connection records, 
     or records of session times and durations;
       ``(D) length of service (including start date) and types of 
     service utilized;
       ``(E) telephone or instrument number or other subscriber 
     number or identity, including any temporarily assigned 
     network address; and
       ``(F) means and source of payment (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 106(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''.

     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'';

[[Page H6729]]

       (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.

       Notwithstanding any other provision of law, it shall be 
     lawful for foreign intelligence information 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

``501. Access to certain business records for foreign intelligence and 
              international terrorism investigations.
``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

[[Page H6730]]

     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 and inserting ``made that the 
     information sought is relevant to an authorized foreign 
     counterintelligence investigation.''.
       (b) Section 624 of Public Law 90-321 (15 U.S.C. 1681u) 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. SUNSET.

       This title and the amendments made by this title (other 
     than sections 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--

[[Page H6731]]

       ``(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.

       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 making a designation 
     under this subsection, the Secretary shall, by classified 
     communication, notify the Speaker and minority leader of the 
     House of Representatives, the President pro tempore, majority 
     leader, and minority leader of the Senate, 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 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''.

     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 paragraph (5), the 
     Attorney General shall maintain custody of such an alien 
     until the alien is removed from the United States. 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 
     Commissioner. The Commissioner 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.
       ``(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)) is available exclusively in habeas corpus 
     proceedings 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);

[[Page H6732]]

       (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. 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. 205. CHANGES IN CONDITIONS FOR GRANTING ASYLUM AND 
                   ASYLUM PROCEDURES.

       (a) Aliens Ineligible for Asylum Due to Terrorist 
     Activities.--
       (1) 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--
       (A) by striking ``inadmissible under'' and inserting 
     ``described in''; and
       (B) by striking ``removable under'' and inserting 
     ``described in''.
       (2) Retroactive application of amendments.--The amendments 
     made by paragraph (1) 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, 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).
       (b) Disclosure of Asylum Application Information.--
       (1) In general.--Section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) is amended by adding at the 
     end the following:
       ``(e) Limitation on Confidentiality of Information.--
       ``(1) In general.--The restrictions on information 
     disclosure in section 208.6 of title 8, Code of Federal 
     Regulations (as in effect on the date of the enactment of the 
     PATRIOT Act or pursuant to any successor provision), shall 
     not apply to a disclosure to any person, if--
       ``(A) the disclosure is made in the course of an 
     investigation of an alien to determine if the alien is 
     described in section 212(a)(3)(B)(i) or 237(a)(4)(B); and
       ``(B) the Attorney General has reasonable grounds to 
     believe that the alien may be so described.
       ``(2) Exception.--The requirement of paragraph (1)(B) shall 
     not apply to an alien if the alien alleges that the alien is 
     eligible for asylum, in whole or in part, because a foreign 
     government believes that the alien is described in section 
     212(a)(3)(B)(i) or 237(a)(4)(B).
       ``(3) Disclosures to foreign governments.--If the Attorney 
     General desires to disclose information to a foreign 
     government under paragraph (1), the Attorney General shall 
     request the Secretary of State to make the disclosure.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to the disclosure of information on or after 
     such date.

     SEC. 206. 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 making improvements in 
     technology for monitoring the northern border and acquiring 
     additional equipment at the northern border.

     SEC. 207. 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.).

[[Page H6733]]

    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.

[[Page H6734]]

       (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), 792 (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

[[Page H6735]]

     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.

       Title 18, United States Code, is amended by adding the 
     following new section:

     ``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.''.

     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:

[[Page H6736]]

     ``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), 792 (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 in which activities related to the terrorism may 
     have occurred, for a search of property or for a person 
     within or outside the district''.

     SEC. 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 at the end 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 subdivision (iii); and
       (3) by striking the period at the end of subdivision (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) With respect to offenses committed by or against a 
     United States national, as defined in section 1203(c) of this 
     title--
       ``(A) the premises of United States diplomatic, consular, 
     military, or other United States Government missions or 
     entities in foreign states, including the buildings, parts of 
     buildings, and the land appurtenant or ancillary thereto, 
     irrespective of ownership, used for purposes of those 
     missions or entities; and
       ``(B) residences in foreign states and the land appurtenant 
     or ancillary thereto, irrespective of ownership, used for 
     purposes of those missions or entities or used by United 
     States personnel assigned to those missions or entities, 
     except that this paragraph does not supercede any treaty or 
     international agreement in force on the date of the enactment 
     of this paragraph.''.

     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.''.

[[Page H6737]]

                   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

[[Page H6738]]

       ``(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 Appendix A of 
     Public Law 106-113 (113 Stat. 1501A-20) are amended--
       (1) after ``that Office'', each place it occurs, by 
     inserting ``(including, notwithstanding any contrary 
     provision of law (unless the same should expressly refer to 
     this section), any organization that administers any program 
     established in title 1 of Public Law 90-351)''; and
       (2) by inserting ``functions, including any'' after 
     ``all''.
       (c) Section 1404B(b) of the Victim Compensation and 
     Assistance Act is amended after ``programs'' 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,''.
       (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.--Title 18, United States Code, is amended 
     by striking sections 3059 through 3059B and inserting the 
     following:

     ``Sec. 3059. Rewards and appropriation 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.''.
       (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--
       (i) by striking all the matter after ``title,'' 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
       (C) by striking section 2569.

     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 And Program Direction'' in the Department of 
     Justice Appropriations Act, 2001 (as enacted into law by 
     Appendix B (H.R. 5548) of Public Law 106-553 (114 Stat. 
     2762A-58 to 2762A-59)) is amended by striking the following 
     each place it occurs: ``Provided, That none of 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.

                         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

[[Page H6739]]

     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.

  The SPEAKER pro tempore. In lieu of the amendment printed in the 
bill, an amendment in the nature of a substitute consisting of the text 
of H.R. 3108 is adopted.
  The text of H.R. 2975, as amended pursuant to House Resolution 264, 
is as follows:

                               H.R. 3108

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Uniting 
     and Strengthening America Act'' or the ``USA Act of 2001''.
       (b) Table of Contents.-- The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.

         TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and 
              Muslim Americans.
Sec. 103. Increased funding for the technical support center at the 
              Federal Bureau of Investigation.

[[Page H6740]]

Sec. 104. Requests for military assistance to enforce prohibition in 
              certain emergencies.
Sec. 105. Expansion of National Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.

               TITLE II--ENHANCED SURVEILLANCE PROCEDURES

Sec. 201. Authority to intercept wire, oral, and electronic 
              communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic 
              communications relating to computer fraud and abuse 
              offenses.
Sec. 203. Authority to share criminal investigative information.
Sec. 204. Clarification of intelligence exceptions from limitations on 
              interception and disclosure of wire, oral, and electronic 
              communications.
Sec. 205. Employment of translators by the Federal Bureau of 
              Investigation.
Sec. 206. Roving surveillance authority under the Foreign Intelligence 
              Surveillance Act of 1978.
Sec. 207. Duration of FISA surveillance of non-United States persons 
              who are agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to warrants.
Sec. 210. Scope of subpoenas for records of electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic communications to protect 
              life and limb.
Sec. 213. Authority for delaying notice of the execution of a warrant.
Sec. 214. Pen register and trap and trace authority under FISA.
Sec. 215. Access to records and other items under the Foreign 
              Intelligence Surveillance Act.
Sec. 216. Modification of authorities relating to use of pen registers 
              and trap and trace devices.
Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic 
              evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.

                  TITLE III--FINANCIAL INFRASTRUCTURE

Sec. 301. Laundering the proceeds of terrorism.
Sec. 302. Material support for terrorism.
Sec. 303. Assets of terrorist organizations.
Sec. 304. Technical clarification relating to provision of material 
              support to terrorism.
Sec. 305. Extraterritorial jurisdiction.

                    TITLE IV--PROTECTING THE BORDER

               Subtitle A--Protecting the Northern Border

Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain 
              identifying information in the criminal history records 
              of visa applicants and applicants for admission to the 
              United States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification 
              system for points of entry and overseas consular posts.

              Subtitle B--Enhanced Immigration Provisions

Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus; 
              judicial review.
Sec. 413. Multilateral cooperation against terrorists.

    Subtitle C--Preservation of Immigration Benefits for Victims of 
                               Terrorism

Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and 
              children.
Sec. 424. ``Age-out'' protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.

         TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

Sec. 501. Attorney General's authority to pay rewards to combat 
              terrorism.
Sec. 502. Secretary of State's authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.

 TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, 
                           AND THEIR FAMILIES

         Subtitle A--Aid to Families of Public Safety Officers

Sec. 611. Expedited payment for public safety officers involved in the 
              prevention, investigation, rescue, or recovery efforts 
              related to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for 
              heroic public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.

       Subtitle B--Amendments to the Victims of Crime Act of 1984

Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.

 TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE 
                               PROTECTION

Sec. 711. Expansion of regional information sharing system to 
              facilitate Federal-State-local law enforcement response 
              related to terrorist attacks.

     TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

Sec. 801. Terrorist attacks and other acts of violence against mass 
              transportation systems.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material 
              support to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving 
              records in response to Government requests.
Sec. 816. Development and support of cybersecurity forensic 
              capabilities.

                    TITLE IX--IMPROVED INTELLIGENCE

Sec. 901. Responsibilities of Director of Central Intelligence 
              regarding foreign intelligence collected under Foreign 
              Intelligence Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope 
              of foreign intelligence under National Security Act of 
              1947.
Sec. 903. Sense of Congress on the establishment and maintenance of 
              intelligence relationships to acquire information on 
              terrorists and terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports 
              on intelligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign 
              intelligence-related information with respect to criminal 
              investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and 
              use of foreign intelligence.

                         TITLE X--MISCELLANEOUS

Sec. 1001. Payments.
Sec. 1002. Review of the department of justice.

     SEC. 2. CONSTRUCTION; SEVERABILITY.

       Any provision of this Act held to be invalid or 
     unenforceable by its terms, or as applied to any person or 
     circumstance, shall be construed so as to give it the maximum 
     effect permitted by law, unless such holding shall be one of 
     utter invalidity or unenforceability, in which event such 
     provision shall be deemed severable from this Act and shall 
     not affect the remainder thereof or the application of such 
     provision to other persons not similarly situated or to 
     other, dissimilar circumstances.

         TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

     SEC. 101. COUNTERTERRORISM FUND.

       (a) Establishment; Availability.--There is hereby 
     established in the Treasury of the United States a separate 
     fund to be known as the ``Counterterrorism Fund'', amounts in 
     which shall remain available without fiscal year limitation--
       (1) to reimburse any Department of Justice component for 
     any costs incurred in connection with--
       (A) reestablishing the operational capability of an office 
     or facility that has been damaged or destroyed as the result 
     of any domestic or international terrorism incident;
       (B) providing support to counter, investigate, or prosecute 
     domestic or international terrorism, including, without 
     limitation, paying rewards in connection with these 
     activities; and

[[Page H6741]]

       (C) conducting terrorism threat assessments of Federal 
     agencies and their facilities; and
       (2) to reimburse any department or agency of the Federal 
     Government for any costs incurred in connection with 
     detaining in foreign countries individuals accused of acts of 
     terrorism that violate the laws of the United States.
       (b) No Effect on Prior Appropriations.--Subsection (a) 
     shall not be construed to affect the amount or availability 
     of any appropriation to the Counterterrorism Fund made before 
     the date of enactment of this Act.

     SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST 
                   ARAB AND MUSLIM AMERICANS.

       (a) Findings.--Congress makes the following findings:
       (1) Arab Americans, Muslim Americans, and Americans from 
     South Asia play a vital role in our Nation and are entitled 
     to nothing less than the full rights of every American.
       (2) The acts of violence that have been taken against Arab 
     and Muslim Americans since the September 11, 2001, attacks 
     against the United States should be and are condemned by all 
     Americans who value freedom.
       (3) The concept of individual responsibility for wrongdoing 
     is sacrosanct in American society, and applies equally to all 
     religious, racial, and ethnic groups.
       (4) When American citizens commit acts of violence against 
     those who are, or are perceived to be, of Arab or Muslim 
     descent, they should be punished to the full extent of the 
     law.
       (5) Muslim Americans have become so fearful of harassment 
     that many Muslim women are changing the way they dress to 
     avoid becoming targets.
       (6) Many Arab Americans and Muslim Americans have acted 
     heroically during the attacks on the United States, including 
     Mohammed Salman Hamdani, a 23-year-old New Yorker of 
     Pakistani descent, who is believed to have gone to the World 
     Trade Center to offer rescue assistance and is now missing.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the civil rights and civil liberties of all Americans, 
     including Arab Americans, Muslim Americans, and Americans 
     from South Asia, must be protected, and that every effort 
     must be taken to preserve their safety;
       (2) any acts of violence or discrimination against any 
     Americans be condemned; and
       (3) the Nation is called upon to recognize the patriotism 
     of fellow citizens from all ethnic, racial, and religious 
     backgrounds.

     SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER 
                   AT THE FEDERAL BUREAU OF INVESTIGATION.

       There are authorized to be appropriated for the Technical 
     Support Center established in section 811 of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (Public 
     Law 104-132) to help meet the demands for activities to 
     combat terrorism and support and enhance the technical 
     support and tactical operations of the FBI, $200,000,000 for 
     each of the fiscal years 2002, 2003, and 2004.

     SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE 
                   PROHIBITION IN CERTAIN EMERGENCIES.

       Section 2332e of title 18, United States Code, is amended--
       (1) by striking ``2332c'' and inserting ``2332a''; and
       (2) by striking ``chemical''.

     SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE 
                   INITIATIVE.

       The Director of the United States Secret Service shall take 
     appropriate actions to develop a national network of 
     electronic crime task forces, based on the New York 
     Electronic Crimes Task Force model, throughout the United 
     States, for the purpose of preventing, detecting, and 
     investigating various forms of electronic crimes, including 
     potential terrorist attacks against critical infrastructure 
     and financial payment systems.

     SEC. 106. PRESIDENTIAL AUTHORITY.

       Section 203 of the International Emergency Powers Act (50 
     U.S.C. 1702) is amended--
       (1) in subsection (a)(1)--
       (A) at the end of subparagraph (A) (flush to that 
     subparagraph), by striking ``; and'' and inserting a comma 
     and the following:
     ``by any person, or with respect to any property, subject to 
     the jurisdiction of the United States;'';
       (B) in subparagraph (B)--
       (i) by inserting ``, block during the pendency of an 
     investigation'' after ``investigate''; and
       (ii) by striking ``interest;'' and inserting ``interest by 
     any person, or with respect to any property, subject to the 
     jurisdiction of the United States; and'';
       (C) by striking ``by any person, or with respect to any 
     property, subject to the jurisdiction of the United States`; 
     and
       (D) by inserting at the end the following:
       ``(C) when the United States is engaged in armed 
     hostilities or has been attacked by a foreign country or 
     foreign nationals, confiscate any property, subject to the 
     jurisdiction of the United States, of any foreign person, 
     foreign organization, or foreign country that he determines 
     has planned, authorized, aided, or engaged in such 
     hostilities or attacks against the United States; and all 
     right, title, and interest in any property so confiscated 
     shall vest, when, as, and upon the terms directed by the 
     President, in such agency or person as the President may 
     designate from time to time, and upon such terms and 
     conditions as the President may prescribe, such interest or 
     property shall be held, used, administered, liquidated, sold, 
     or otherwise dealt with in the interest of and for the 
     benefit of the United States, and such designated agency or 
     person may perform any and all acts incident to the 
     accomplishment or furtherance of these purposes.''; and
       (2) by inserting at the end the following:
       ``(c) Classified Information.--In any judicial review of a 
     determination made under this section, if the determination 
     was based on classified information (as defined in section 
     1(a) of the Classified Information Procedures Act) such 
     information may be submitted to the reviewing court ex parte 
     and in camera. This subsection does not confer or imply any 
     right to judicial review.''.

               TITLE II--ENHANCED SURVEILLANCE PROCEDURES

     SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC 
                   COMMUNICATIONS RELATING TO TERRORISM.

       Section 2516(1) of title 18, United States Code, is 
     amended--
       (1) by redesignating paragraph (p), as so redesignated by 
     section 434(2) of the Antiterrorism and Effective Death 
     Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as 
     paragraph (r); and
       (2) by inserting after paragraph (p), as so redesignated by 
     section 201(3) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 110 Stat. 3009-565), the following new 
     paragraph:
       ``(q) any criminal violation of section 229 (relating to 
     chemical weapons); or sections 2332, 2332a, 2332b, 2332d, 
     2339A, or 2339B of this title (relating to terrorism); or''.

     SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC 
                   COMMUNICATIONS RELATING TO COMPUTER FRAUD AND 
                   ABUSE OFFENSES.

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

     SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE 
                   INFORMATION.

       (a) Authority to Share Grand Jury Information.--
       (1) In general.--Rule 6(e)(3)(C) of the Federal Rules of 
     Criminal Procedure is amended--
       (A) in clause (iii), by striking ``or'' at the end;
       (B) in clause (iv), by striking the period at the end and 
     inserting ``; or''; and
       (C) by inserting at the end the following:
       ``(v) when the matters involve foreign intelligence or 
     counterintelligence (as defined in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 401a)), or foreign 
     intelligence information (as defined in Rule 6(e)(3)(C)(ii)), 
     to any other Federal law enforcement, intelligence, 
     protective, immigration, national defense, or national 
     security official in order to assist the official receiving 
     that information in the performance of his official duties. 
     Within a reasonable time after such disclosure, an attorney 
     for the government shall file under seal a notice with the 
     court stating the fact that such information was disclosed 
     and the departments, agencies, or entities to which the 
     disclosure was made.

     Any Federal official who receives information pursuant to 
     clause (v) may use that information only as necessary in the 
     conduct of that person's official duties subject to any 
     limitations on the unauthorized disclosure of such 
     information.''.
       (2) Definition.--Rule 6(e)(3)(C) of the Federal Rules of 
     Criminal Procedure, as amended by paragraph (1), is amended 
     by--
       (A) inserting ``(i)'' after ``(C)'';
       (B) redesignating clauses (i) through (v) as subclauses (I) 
     through (V), respectively; and
       (C) inserting at the end the following:
       ``(ii) In this subparagraph, the term `foreign intelligence 
     information' means--
       ``(I) information, whether or not concerning a United 
     States person, that relates to the ability of the United 
     States to protect against--

       ``(aa) actual or potential attack or other grave hostile 
     acts of a foreign power or an agent of a foreign power;
       ``(bb) sabotage or international terrorism by a foreign 
     power or an agent of a foreign power; or
       ``(cc) clandestine intelligence activities by an 
     intelligence service or network of a foreign power or by an 
     agent of a foreign power; or

       ``(II) information, whether or not concerning a United 
     States person, with respect to a foreign power or foreign 
     territory that relates to--

       ``(aa) the national defense or the security of the United 
     States; or
       ``(bb) the conduct of the foreign affairs of the United 
     States.''.

       (b) Authority To Share Electronic, Wire, and Oral 
     Interception Information.--
       (1) Law enforcement.--Section 2517 of title 18, United 
     States Code, is amended by inserting at the end the 
     following:
       ``(6) Any investigative or law enforcement officer, or 
     attorney for the Government, who by any means authorized by 
     this chapter, has obtained knowledge of the contents of any 
     wire, oral, or electronic communication, or evidence derived 
     therefrom, may disclose

[[Page H6742]]

     such contents to any other Federal law enforcement, 
     intelligence, protective, immigration, national defense, or 
     national security official to the extent that such contents 
     include foreign intelligence or counterintelligence (as 
     defined in section 3 of the National Security Act of 1947 (50 
     U.S.C. 401a)), or foreign intelligence information (as 
     defined in subsection (19) of section 2510 of this title), to 
     assist the official who is to receive that information in the 
     performance of his official duties. Any Federal official who 
     receives information pursuant to this provision may use that 
     information only as necessary in the conduct of that person's 
     official duties subject to any limitations on the 
     unauthorized disclosure of such information.''.
       (2) Definition.--Section 2510 of title 18, United States 
     Code, is amended by--
       (A) in paragraph (17), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (18), by striking the period and inserting 
     ``; and''; and
       (C) by inserting at the end the following:
       ``(19) `foreign intelligence information' means--
       ``(A) information, whether or not concerning a United 
     States person, that relates to the ability of the United 
     States to protect against--
       ``(i) actual or potential attack or other grave hostile 
     acts of a foreign power or an agent of a foreign power;
       ``(ii) sabotage or international terrorism by a foreign 
     power or an agent of a foreign power; or
       ``(iii) clandestine intelligence activities by an 
     intelligence service or network of a foreign power or by an 
     agent of a foreign power; or
       ``(B) information, whether or not concerning a United 
     States person, with respect to a foreign power or foreign 
     territory that relates to--
       ``(i) the national defense or the security of the United 
     States; or
       ``(ii) the conduct of the foreign affairs of the United 
     States.''.
       (c) Procedures.--The Attorney General shall establish 
     procedures for the disclosure of information pursuant to 
     section 2517(6) and Rule 6(e)(3)(C)(i)(V) of the Federal 
     Rules of Criminal Procedure that identifies a United States 
     person, as defined in section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801)).
       (d) Foreign Intelligence Information.--
       (1) In general.--Notwithstanding any other provision of 
     law, it shall be lawful for foreign intelligence or 
     counterintelligence (as defined in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 401a)) or foreign 
     intelligence information obtained as part of a criminal 
     investigation to be disclosed to any Federal law enforcement, 
     intelligence, protective, immigration, national defense, or 
     national security official in order to assist the official 
     receiving that information in the performance of his official 
     duties. Any Federal official who receives information 
     pursuant to this provision may use that information only as 
     necessary in the conduct of that person's official duties 
     subject to any limitations on the unauthorized disclosure of 
     such information.
       (2) Definition.--In this subsection, the term ``foreign 
     intelligence information'' means--
       (A) information, whether or not concerning a United States 
     person, that relates to the ability of the United States to 
     protect against--
       (i) actual or potential attack or other grave hostile acts 
     of a foreign power or an agent of a foreign power;
       (ii) sabotage or international terrorism by a foreign power 
     or an agent of a foreign power; or
       (iii) clandestine intelligence activities by an 
     intelligence service or network of a foreign power or by an 
     agent of a foreign power; or
       (B) information, whether or not concerning a United States 
     person, with respect to a foreign power or foreign territory 
     that relates to--
       (i) the national defense or the security of the United 
     States; or
       (ii) the conduct of the foreign affairs of the United 
     States.

     SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM 
                   LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF 
                   WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.

       Section 2511(2)(f) of title 18, United States Code, is 
     amended--
       (1) by striking ``this chapter or chapter 121'' and 
     inserting ``this chapter or chapter 121 or 206 of this 
     title''; and
       (2) by striking ``wire and oral'' and inserting ``wire, 
     oral, and electronic''.

     SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF 
                   INVESTIGATION.

       (a) Authority.--The Director of the Federal Bureau of 
     Investigation is authorized to expedite the employment of 
     personnel as translators to support counterterrorism 
     investigations and operations without regard to applicable 
     Federal personnel requirements and limitations.
       (b) Security Requirements.--The Director of the Federal 
     Bureau of Investigation shall establish such security 
     requirements as are necessary for the personnel employed as 
     translators under subsection (a).
       (c) Report.--The Attorney General shall report to the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate on--
       (1) the number of translators employed by the FBI and other 
     components of the Department of Justice;
       (2) any legal or practical impediments to using translators 
     employed by other Federal, State, or local agencies, on a 
     full, part-time, or shared basis; and
       (3) the needs of the FBI for specific translation services 
     in certain languages, and recommendations for meeting those 
     needs.

     SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT OF 1978.

       Section 105(c)(2)(B) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended 
     by inserting ``, or in circumstances where the Court finds 
     that the actions of the target of the application may have 
     the effect of thwarting the identification of a specified 
     person, such other persons,'' after ``specified person''.

     SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES 
                   PERSONS WHO ARE AGENTS OF A FOREIGN POWER.

       (a) Duration .--
       (1) Surveillance.--Section 105(e)(1) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) 
     is amended by--
       (A) inserting ``(A)'' after ``except that''; and
       (B) inserting before the period the following: ``, and (B) 
     an order under this Act for a surveillance targeted against 
     an agent of a foreign power, as defined in section 
     101(b)(1)(A) may be for the period specified in the 
     application or for 120 days, whichever is less''.
       (2) Physical Search.--Section 304(d)(1) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) 
     is amended by--
       (A) striking ``forty-five'' and inserting ``90'';
       (B) inserting ``(A)'' after ``except that''; and
       (C) inserting before the period the following: ``, and (B) 
     an order under this section for a physical search targeted 
     against an agent of a foreign power as defined in section 
     101(b)(1)(A) may be for the period specified in the 
     application or for 120 days, whichever is less''.
       (b) Extension.--
       (1) In general.--Section 105(d)(2) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) 
     is amended by--
       (A) inserting ``(A)'' after ``except that''; and
       (B) inserting before the period the following: ``, and (B) 
     an extension of an order under this Act for a surveillance 
     targeted against an agent of a foreign power as defined in 
     section 101(b)(1)(A) may be for a period not to exceed 1 
     year''.
       (2) Defined term.--Section 304(d)(2) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2) 
     is amended by inserting after ``not a United States person,'' 
     the following: ``or against an agent of a foreign power as 
     defined in section 101(b)(1)(A),''.

     SEC. 208. DESIGNATION OF JUDGES.

       Section 103(a) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1803(a)) is amended by--
       (1) striking ``seven district court judges'' and inserting 
     ``11 district court judges''; and
       (2) inserting ``of whom no fewer than 3 shall reside within 
     20 miles of the District of Columbia'' after ``circuits''.

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

       Title 18, United States Code, is amended--
       (1) in section 2510--
       (A) in paragraph (1), by striking beginning with ``and 
     such'' and all that follows through ``communication''; and
       (B) in paragraph (14), by inserting ``wire or'' after 
     ``transmission of''; and
       (2) in subsections (a) and (b) of section 2703--
       (A) by striking ``Contents of electronic'' and inserting 
     ``Contents of wire or electronic'' each place it appears;
       (B) by striking ``contents of an electronic'' and inserting 
     ``contents of a wire or electronic'' each place it appears; 
     and
       (C) by striking ``any electronic'' and inserting ``any wire 
     or electronic'' each place it appears.

     SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC 
                   COMMUNICATIONS.

       Section 2703(c)(2) of title 18, United States Code, as 
     redesignated by section 212, is amended--
       (1) by striking ``entity the name, address, local and long 
     distance telephone toll billing records, telephone number or 
     other subscriber number or identity, and length of service of 
     a subscriber'' and inserting the following: ``entity the--
       ``(A) name;
       ``(B) address;
       ``(C) local and long distance telephone connection records, 
     or records of session times and durations;
       ``(D) length of service (including start date) and types of 
     service utilized;
       ``(E) telephone or instrument number or other subscriber 
     number or identity, including any temporarily assigned 
     network address; and
       ``(F) means and source of payment (including any credit 
     card or bank account number),

     of a subscriber''; and
       (2) by striking ``and the types of services the subscriber 
     or customer utilized,''.

     SEC. 211. CLARIFICATION OF SCOPE.

       Section 631 of the Communications Act of 1934 (47 U.S.C. 
     551) is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (B), by striking ``or'';

[[Page H6743]]

       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (C) by inserting at the end the following:
       ``(D) to a government entity as authorized under chapters 
     119, 121, or 206 of title 18, United States Code, except that 
     such disclosure shall not include records revealing cable 
     subscriber selection of video programming from a cable 
     operator.''; and
       (2) in subsection (h), by striking ``A governmental 
     entity'' and inserting ``Except as provided in subsection 
     (c)(2)(D), a governmental entity''.

     SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS 
                   TO PROTECT LIFE AND LIMB.

       (a) Disclosure of Contents.--
       (1) In general.--Section 2702 of title 18, United States 
     Code, is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``Sec. 2702. Voluntary disclosure of customer communications 
       or records'';

       (B) in subsection (a)--
       (i) in paragraph (2)(A), by striking ``and'' at the end;
       (ii) in paragraph (2)(B), by striking the period and 
     inserting ``; and''; and
       (iii) by inserting after paragraph (2) the following:
       ``(3) a provider of remote computing service or electronic 
     communication service to the public shall not knowingly 
     divulge a record or other information pertaining to a 
     subscriber to or customer of such service (not including the 
     contents of communications covered by paragraph (1) or (2)) 
     to any governmental entity.'';
       (C) in subsection (b), by striking ``Exceptions.--A person 
     or entity'' and inserting ``Exceptions for disclosure of 
     communications.-- A provider described in subsection (a)'';
       (D) in subsection (b)(6)--
       (i) in subparagraph (A)(ii), by striking ``or'';
       (ii) in subparagraph (B), by striking the period and 
     inserting ``; or''; and
       (iii) by adding after subparagraph (B) the following:
       ``(C) if the provider reasonably believes that an emergency 
     involving immediate danger of death or serious physical 
     injury to any person requires disclosure of the information 
     without delay.''; and
       (E) by inserting after subsection (b) the following:
       ``(c) Exceptions for Disclosure of Customer Records.--A 
     provider described in subsection (a) may divulge a record or 
     other information pertaining to a subscriber to or customer 
     of such service (not including the contents of communications 
     covered by subsection (a)(1) or (a)(2))--
       ``(1) as otherwise authorized in section 2703;
       ``(2) with the lawful consent of the customer or 
     subscriber;
       ``(3) as may be necessarily incident to the rendition of 
     the service or to the protection of the rights or property of 
     the provider of that service;
       ``(4) to a governmental entity, if the provider reasonably 
     believes that an emergency involving immediate danger of 
     death or serious physical injury to any person justifies 
     disclosure of the information; or
       ``(5) to any person other than a governmental entity.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 121 of title 18, United States Code, is 
     amended by striking the item relating to section 2702 and 
     inserting the following:

``2702. Voluntary disclosure of customer communications or records.''.
       (b) Requirements for Government Access.--
       (1) In general.--Section 2703 of title 18, United States 
     Code, is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``Sec. 2703. Required disclosure of customer communications 
       or records'';

       (B) in subsection (c) by redesignating paragraph (2) as 
     paragraph (3);
       (C) in subsection (c)(1)--
       (i) by striking ``(A) Except as provided in subparagraph 
     (B), a provider of electronic communication service or remote 
     computing service may'' and inserting ``A governmental entity 
     may require a provider of electronic communication service or 
     remote computing service to'';
       (ii) by striking ``covered by subsection (a) or (b) of this 
     section) to any person other than a governmental entity.
       ``(B) A provider of electronic communication service or 
     remote computing service shall disclose a record or other 
     information pertaining to a subscriber to or customer of such 
     service (not including the contents of communications covered 
     by subsection (a) or (b) of this section) to a governmental 
     entity'' and inserting ``)'';
       (iii) by redesignating subparagraph (C) as paragraph (2);
       (iv) by redesignating clauses (i), (ii), (iii), and (iv) as 
     subparagraphs (A), (B), (C), and (D), respectively;
       (v) in subparagraph (D) (as redesignated) by striking the 
     period and inserting ``; or''; and
       (vi) by inserting after subparagraph (D) (as redesignated) 
     the following:
       ``(E) seeks information under paragraph (2).''; and
       (D) in paragraph (2) (as redesignated) by striking 
     ``subparagraph (B)'' and insert ``paragraph (1)''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 121 of title 18, United States Code, is 
     amended by striking the item relating to section 2703 and 
     inserting the following:

``2703. Required disclosure of customer communications or records.''.

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

       Section 3103a of title 18, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``In 
     addition''; and
       (2) by adding at the end the following:
       ``(b) Delay.--With respect to the issuance of any warrant 
     or court order under this section, or any other rule of law, 
     to search for and seize any property or material that 
     constitutes evidence of a criminal offense in violation of 
     the laws of the United States, any notice required, or that 
     may be required, to be given may be delayed if--
       ``(1) the court finds reasonable cause to believe that 
     providing immediate notification of the execution of the 
     warrant may have an adverse result (as defined in section 
     2705);
       ``(2) the warrant prohibits the seizure of any tangible 
     property, any wire or electronic communication (as defined in 
     section 2510), or, except as expressly provided in chapter 
     121, any stored wire or electronic information, except where 
     the court finds reasonable necessity for the seizure; and
       ``(3) the warrant provides for the giving of such notice 
     within a reasonable period of its execution, which period may 
     thereafter be extended by the court for good cause shown.''.

     SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER 
                   FISA.

       (a) Applications and Orders.--Section 402 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is 
     amended--
       (1) in subsection (a)(1), by striking ``for any 
     investigation to gather foreign intelligence information or 
     information concerning international terrorism'' and 
     inserting ``for any investigation to protect against 
     international terrorism or clandestine intelligence 
     activities, provided that such investigation of a United 
     States person is not conducted solely upon the basis of 
     activities protected by the first amendment to the 
     Constitution'';
       (2) by amending subsection (c)(2) to read as follows:
       ``(2) a certification by the applicant that the information 
     likely to be obtained is relevant to an ongoing investigation 
     to protect against international terrorism or clandestine 
     intelligence activities, provided that such investigation of 
     a United States person is not conducted solely upon the basis 
     of activities protected by the first amendment to the 
     Constitution.'';
       (3) by striking subsection (c)(3); and
       (4) by amending subsection (d)(2)(A) to read as follows:
       ``(A) shall specify--
       ``(i) the identity, if known, of the person who is the 
     subject of the investigation;
       ``(ii) the identity, if known, of the person to whom is 
     leased or in whose name is listed the telephone line or other 
     facility to which the pen register or trap and trace device 
     is to be attached or applied;
       ``(iii) the attributes of the communications to which the 
     order applies, such as the number or other identifier, and, 
     if known, the location of the telephone line or other 
     facility to which the pen register or trap and trace device 
     is to be attached or applied and, in the case of a trap and 
     trace device, the geographic limits of the trap and trace 
     order.''.
       (b) Authorization During Emergencies.--Section 403 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1843) is amended--
       (1) in subsection (a), by striking ``foreign intelligence 
     information or information concerning international 
     terrorism'' and inserting ``information to protect against 
     international terrorism or clandestine intelligence 
     activities, provided that such investigation of a United 
     States person is not conducted solely upon the basis of 
     activities protected by the first amendment to the 
     Constitution''; and
       (2) in subsection (b)(1), by striking ``foreign 
     intelligence information or information concerning 
     international terrorism'' and inserting ``information to 
     protect against international terrorism or clandestine 
     intelligence activities, provided that such investigation of 
     a United States person is not conducted solely upon the basis 
     of activities protected by the first amendment to the 
     Constitution''.

     SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT.

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

     ``SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 
                   INTELLIGENCE AND INTERNATIONAL TERRORISM 
                   INVESTIGATIONS.

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

[[Page H6744]]

       ``(2) An investigation conducted under this section shall--
       ``(A) be conducted under guidelines approved by the 
     Attorney General under Executive Order 12333 (or a successor 
     order); and
       ``(B) not be conducted of a United States person solely 
     upon the basis of activities protected by the first amendment 
     to the Constitution of the United States.
       ``(b) Each application under this section--
       ``(1) shall be made to--
       ``(A) a judge of the court established by section 103(a); 
     or
       ``(B) a United States Magistrate Judge under chapter 43 of 
     title 28, United States Code, who is publicly designated by 
     the Chief Justice of the United States to have the power to 
     hear applications and grant orders for the production of 
     tangible things under this section on behalf of a judge of 
     that court; and
       ``(2) shall specify that the records concerned are sought 
     for an authorized investigation conducted in accordance with 
     subsection (a)(2) to protect against international terrorism 
     or clandestine intelligence activities.
       ``(c)(1) Upon an application made pursuant to this section, 
     the judge shall enter an ex parte order as requested, or as 
     modified, approving the release of records if the judge finds 
     that the application meets the requirements of this section.
       ``(2) An order under this subsection shall not disclose 
     that it is issued for purposes of an investigation described 
     in subsection (a).
       ``(d) No person shall disclose to any other person (other 
     than those persons necessary to produce the tangible things 
     under this section) that the Federal Bureau of Investigation 
     has sought or obtained tangible things under this section.
       ``(e) A person who, in good faith, produces tangible things 
     under an order pursuant to this section shall not be liable 
     to any other person for such production. Such production 
     shall not be deemed to constitute a waiver of any privilege 
     in any other proceeding or context.

     ``SEC. 502. CONGRESSIONAL OVERSIGHT.

       ``(a) On a semiannual basis, the Attorney General shall 
     fully inform the Permanent Select Committee on Intelligence 
     of the House of Representatives and the Select Committee on 
     Intelligence of the Senate concerning all requests for the 
     production of tangible things under section 402.
       ``(b) On a semiannual basis, the Attorney General shall 
     provide to the Committees on the Judiciary of the House of 
     Representatives and the Senate a report setting forth with 
     respect to the preceding 6-month period--
       ``(1) the total number of applications made for orders 
     approving requests for the production of tangible things 
     under section 402; and
       ``(2) the total number of such orders either granted, 
     modified, or denied.''.

     SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN 
                   REGISTERS AND TRAP AND TRACE DEVICES.

       (a) General Limitations.--Section 3121(c) of title 18, 
     United States Code, is amended--
       (1) by inserting ``or trap and trace device'' after ``pen 
     register'';
       (2) by inserting ``, routing, addressing,'' after 
     ``dialing''; and
       (3) by striking ``call processing'' and inserting ``the 
     processing and transmitting of wire or electronic 
     communications so as not to include the contents of any wire 
     or electronic communications''.
       (b) Issuance of Orders.--
       (1) In general.--Section 3123(a) of title 18, United States 
     Code, is amended to read as follows:
       ``(a) In General.--
       ``(1) Attorney for the government.--Upon an application 
     made under section 3122(a)(1), the court shall enter an ex 
     parte order authorizing the installation and use of a pen 
     register or trap and trace device anywhere within the United 
     States, if the court finds that the attorney for the 
     Government has certified to the court that the information 
     likely to be obtained by such installation and use is 
     relevant to an ongoing criminal investigation. The order, 
     upon service of that order, shall apply to any person or 
     entity providing wire or electronic communication service in 
     the United States whose assistance may facilitate the 
     execution of the order. Whenever such an order is served on 
     any person or entity not specifically named in the order, 
     upon request of such person or entity, the attorney for the 
     Government or law enforcement or investigative officer that 
     is serving the order shall provide written or electronic 
     certification that the order applies to the person or entity 
     being served.
       ``(2) State investigative or law enforcement officer.--Upon 
     an application made under section 3122(a)(2), the court shall 
     enter an ex parte order authorizing the installation and use 
     of a pen register or trap and trace device within the 
     jurisdiction of the court, if the court finds that the State 
     law enforcement or investigative officer has certified to the 
     court that the information likely to be obtained by such 
     installation and use is relevant to an ongoing criminal 
     investigation.
       ``(3)(A) Where the law enforcement agency implementing an 
     ex parte order under this subsection seeks to do so by 
     installing and using its own pen register or trap and trace 
     device on a packet-switched data network of a provider of 
     electronic communication service to the public, the agency 
     shall ensure that a record will be maintained which will 
     identify--
       ``(i) any officer or officers who installed the device and 
     any officer or officers who accessed the device to obtain 
     information from the network;
       ``(ii) the date and time the device was installed, the date 
     and time the device was uninstalled, and the date, time, and 
     duration of each time the device is accessed to obtain 
     information;
       ``(iii) the configuration of the device at the time of its 
     installation and any subsequent modification thereof; and
       ``(iv) any information which has been collected by the 
     device.
     To the extent that the pen register or trap and trace device 
     can be set automatically to record this information 
     electronically, the record shall be maintained electronically 
     throughout the installation and use of such device.
       ``(B) The record maintained under subparagraph (A) shall be 
     provided ex parte and under seal to the court which entered 
     the ex parte order authorizing the installation and use of 
     the device within 30 days after termination of the order 
     (including any extensions thereof).''.
       (2) Contents of order.--Section 3123(b)(1) of title 18, 
     United States Code, is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``or other facility'' after ``telephone 
     line''; and
       (ii) by inserting before the semicolon at the end ``or 
     applied''; and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) the attributes of the communications to which the 
     order applies, including the number or other identifier and, 
     if known, the location of the telephone line or other 
     facility to which the pen register or trap and trace device 
     is to be attached or applied, and, in the case of an order 
     authorizing installation and use of a trap and trace device 
     under subsection (a)(2), the geographic limits of the order; 
     and''.
       (3) Nondisclosure requirements.--Section 3123(d)(2) of 
     title 18, United States Code, is amended--
       (A) by inserting ``or other facility'' after ``the line''; 
     and
       (B) by striking ``, or who has been ordered by the court'' 
     and inserting ``or applied, or who is obligated by the 
     order''.
       (c) Definitions.--
       (1) Court of competent jurisdiction.--Section 3127(2) of 
     title 18, United States Code, is amended by striking 
     subparagraph (A) and inserting the following:
       ``(A) any district court of the United States (including a 
     magistrate judge of such a court) or any United States court 
     of appeals having jurisdiction over the offense being 
     investigated; or''.
       (2) Pen register.--Section 3127(3) of title 18, United 
     States Code, is amended--
       (A) by striking ``electronic or other impulses'' and all 
     that follows through ``is attached'' and inserting ``dialing, 
     routing, addressing, or signaling information transmitted by 
     an instrument or facility from which a wire or electronic 
     communication is transmitted, provided, however, that such 
     information shall not include the contents of any 
     communication''; and
       (B) by inserting ``or process'' after ``device'' each place 
     it appears.
       (3) Trap and trace device.--Section 3127(4) of title 18, 
     United States Code, is amended--
       (A) by striking ``of an instrument'' and all that follows 
     through the semicolon and inserting ``or other dialing, 
     routing, addressing, and signaling information reasonably 
     likely to identify the source of a wire or electronic 
     communication, provided, however, that such information shall 
     not include the contents of any communication;''; and
       (B) by inserting ``or process'' after ``a device''.
       (4) Conforming amendment.--Section 3127(1) of title 18, 
     United States Code, is amended--
       (A) by striking ``and''; and
       (B) by inserting ``, and `contents' '' after ``electronic 
     communication service''.
       (5) Technical amendment.--Section 3124(d) of title 18, 
     United States Code, is amended by striking ``the terms of''.

     SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.

       Chapter 119 of title 18, United States Code, is amended--
       (1) in section 2510--
       (A) in paragraph (18), by striking ``and'' at the end;
       (B) in paragraph (19), by striking the period and inserting 
     a semicolon; and
       (C) by inserting after paragraph (19) the following:
       ``(20) `protected computer' has the meaning set forth in 
     section 1030; and
       ``(21) `computer trespasser'--
       ``(A) means a person who accesses a protected computer 
     without authorization and thus has no reasonable expectation 
     of privacy in any communication transmitted to, through, or 
     from the protected computer; and
       ``(B) does not include a person known by the owner or 
     operator of the protected computer to have an existing 
     contractual relationship with the owner or operator of the 
     protected computer for access to all or part of the protected 
     computer.''; and
       (2) in section 2511(2), by inserting at the end the 
     following:
       ``(i) It shall not be unlawful under this chapter for a 
     person acting under color of

[[Page H6745]]

     law to intercept the wire or electronic communications of a 
     computer trespasser transmitted to, through, or from the 
     protected computer, if--
       ``(I) the owner or operator of the protected computer 
     authorizes the interception of the computer trespasser's 
     communications on the protected computer;
       ``(II) the person acting under color of law is lawfully 
     engaged in an investigation;
       ``(III) the person acting under color of law has reasonable 
     grounds to believe that the contents of the computer 
     trespasser's communications will be relevant to the 
     investigation; and
       ``(IV) such interception does not acquire communications 
     other than those transmitted to or from the computer 
     trespasser.''.

     SEC. 218. FOREIGN INTELLIGENCE INFORMATION.

       Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C. 
     1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence 
     Surveillance Act of 1978 are each amended by striking ``the 
     purpose'' and inserting ``a significant purpose''.

     SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.

       Rule 41(a) of the Federal Rules of Criminal Procedure is 
     amended by inserting after ``executed'' the following: ``and 
     (3) in an investigation of domestic terrorism or 
     international terrorism (as defined in section 2331 of title 
     18, United States Code), by a Federal magistrate judge in any 
     district in which activities related to the terrorism may 
     have occurred, for a search of property or for a person 
     within or outside the district''.

     SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR 
                   ELECTRONIC EVIDENCE.

       Chapter 121 of title 18, United States Code, is amended--
       (1) in section 2703, by striking ``under the Federal Rules 
     of Criminal Procedure'' every place it appears and inserting 
     ``using the procedures described in the Federal Rules of 
     Criminal Procedure by a court with jurisdiction over the 
     offense under investigation''; and
       (2) in section 2711--
       (A) in paragraph (1), by striking ``and'';
       (B) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (C) by inserting at the end the following:
       ``(3) the term `court of competent jurisdiction' has the 
     meaning assigned by section 3127, and includes any Federal 
     court within that definition, without geographic 
     limitation.''.

     SEC. 221. TRADE SANCTIONS.

       (a) In general.--The Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (Public Law 106-387; 114 Stat. 1549A-
     67) is amended--
       (1) by amending section 904(2)(C) to read as follows:
       ``(C) used to facilitate the design, development, or 
     production of chemical or biological weapons, missiles, or 
     weapons of mass destruction.'';
       (2) in section 906(a)(1)--
       (A) by inserting ``, the Taliban or the territory of 
     Afghanistan controlled by the Taliban,'' after ``Cuba''; and
       (B) by inserting ``, or in the territory of Afghanistan 
     controlled by the Taliban,'' after ``within such country''; 
     and
       (3) in section 906(a)(2), by inserting ``, or to any other 
     entity in Syria or North Korea'' after ``Korea''.
       (b) Application of the Trade Sanctions Reform and Export 
     Enhancement Act.--Nothing in the Trade Sanctions Reform and 
     Export Enhancement Act of 2000 shall limit the application or 
     scope of any law establishing criminal or civil penalties, 
     including any executive order or regulation promulgated 
     pursuant to such laws (or similar or successor laws), for the 
     unlawful export of any agricultural commodity, medicine, or 
     medical device to--
       (1) a foreign organization, group, or person designated 
     pursuant to Executive Order 12947 of June 25, 1995;
       (2) a Foreign Terrorist Organization pursuant to the 
     Antiterrorism and Effective Death Penalty Act of 1996 (Public 
     Law 104-132);
       (3) a foreign organization, group, or person designated 
     pursuant to Executive Order 13224 (September 23, 2001);
       (4) any narcotics trafficking entity designated pursuant to 
     Executive Order 12978 (October 21, 1995) or the Foreign 
     Narcotics Kingpin Designation Act (Public Law 106-120); or
       (5) any foreign organization, group, or persons subject to 
     any restriction for its involvement in weapons of mass 
     destruction or missile proliferation.

     SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.

       Nothing in this Act shall impose any additional technical 
     obligation or requirement on a provider of a wire or 
     electronic communication service or other person to furnish 
     facilities or technical assistance. A provider of a wire or 
     electronic communication service, landlord, custodian, or 
     other person who furnishes facilities or technical assistance 
     pursuant to section 216 shall be reasonably compensated for 
     such reasonable expenditures incurred in providing such 
     facilities or assistance.

     SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED 
                   DISCLOSURES.

       (a) Section 2520 of title 18, United States Code, is 
     amended--
       (1) in subsection (a), after ``entity'', by inserting ``, 
     other than the United States,'';
       (2) by adding at the end the following:
       ``(f) Administrative Discipline.--If a court determines 
     that the United States or any of its departments or agencies 
     has violated any provision of this chapter, and the court 
     finds that the circumstances surrounding the violation raise 
     serious questions about whether or not an officer or employee 
     of the United States acted willfully or intentionally with 
     respect to the possible violation, the department or agency 
     shall promptly initiate a proceeding to determine whether 
     disciplinary action against the officer or employee is 
     warranted. If the head of the department or agency involved 
     determines that disciplinary action is not warranted, he or 
     she shall notify the Inspector General with jurisdiction over 
     the department or agency concerned and shall provide the 
     Inspector General with the reasons for such determination.''; 
     and
       (3) by adding a new subsection (g), as follows:
       ``(g) Improper Disclosure Is Violation.--Any willful 
     disclosure or use by an investigative or law enforcement 
     officer or governmental entity of information beyond the 
     extent permitted by section 2517 is a violation of this 
     chapter for purposes of section 2520(a).
       (b) Section 2707 of title 18, United States Code, is 
     amended--
       (1) in subsection (a), after ``entity'', by inserting ``, 
     other than the United States,'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) Administrative Discipline.--If a court determines 
     that the United States or any of its departments or agencies 
     has violated any provision of this chapter, and the court 
     finds that the circumstances surrounding the violation raise 
     serious questions about whether or not an officer or employee 
     of the United States acted willfully or intentionally with 
     respect to the possible violation, the department or agency 
     shall promptly initiate a proceeding to determine whether 
     disciplinary action against the officer or employee is 
     warranted. If the head of the department or agency involved 
     determines that disciplinary action is not warranted, he or 
     she shall notify the Inspector General with jurisdiction over 
     the department or agency concerned and shall provide the 
     Inspector General with the reasons for such determination.''; 
     and
       (3) by adding a new subsection (g), as follows:
       ``(g) Improper Disclosure.--Any willful disclosure of a 
     `record', as that term is defined in section 552a(a) of title 
     5, United States Code, obtained by an investigative or law 
     enforcement officer, or a governmental entity, pursuant to 
     section 2703 of this title, or from a device installed 
     pursuant to section 3123 or 3125 of this title, that is not a 
     disclosure made in the proper performance of the official 
     duties of the officer or governmental entity making the 
     disclosure, is a violation of this chapter. This provision 
     shall not apply to information previously lawfully disclosed 
     to the public by a Federal, State, or local governmental 
     entity.''.
       (c)(1) Chapter 121 of title 18, United States Code, is 
     amended by adding at the end the following:

     ``Sec. 2712. Civil actions against the United States

       ``(a) In General.--Any person who is aggrieved by any 
     violation of this chapter or of chapter 119 of this title or 
     of sections 106(a), 305(a), or 405(a) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) may commence an action in United States District Court 
     against the United States to recover money damages. In any 
     such action, if a person who is aggrieved successfully 
     establishes a violation of this chapter or of chapter 119 of 
     this title or of the above specific provisions of title 50, 
     the Court may assess as damages--
       ``(1) actual damages, but not less than $10,000, whichever 
     amount is greater; and
       ``(2) litigation costs, reasonably incurred.
       ``(b) Procedures.--(1) Any action against the United States 
     under this section may be commenced only after a claim is 
     presented to the appropriate department or agency under the 
     procedures of the Federal Tort Claims Act, as set forth in 
     title 28, United States Code.
       ``(2) Any action against the United States under this 
     section shall be commenced within the time period set forth 
     in section 2401(b) of title 28, United States Code. The claim 
     shall accrue on the date upon which the claimant first 
     discovers the violation.
       ``(3) Any action under this section shall be tried to the 
     court without a jury.
       ``(4) Notwithstanding any other provision of law, the 
     procedures set forth in section 106(f), 305(g), or 405(f) of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801 et seq.) shall be the exclusive means by which materials 
     governed by those sections may be reviewed.
       ``(5) An amount equal to any award against the United 
     States under this section shall be reimbursed by the 
     department or agency concerned to the fund described in 
     section 1304 of title 31, United States Code, out of any 
     appropriation, fund, or other account (excluding any part of 
     such appropriation, fund, or account that is available for 
     the enforcement of any Federal law) that is available for the 
     operating expenses of the department or agency concerned.
       ``(c) Administrative Discipline.--If a court determines 
     that the United States or any of its departments or agencies 
     has violated any provision of this chapter, and the

[[Page H6746]]

     court finds that the circumstances surrounding the violation 
     raise serious questions about whether or not an officer or 
     employee of the United States acted willfully or 
     intentionally with respect to the possible violation, the 
     department or agency shall promptly initiate a proceeding to 
     determine whether disciplinary action against the officer or 
     employee is warranted. If the head of the department or 
     agency involved determines that disciplinary action is not 
     warranted, he or she shall notify the Inspector General with 
     jurisdiction over the department or agency concerned and 
     shall provide the Inspector General with the reasons for such 
     determination.
       ``(d) Exclusive Remedy.--Any action against the United 
     States under this subsection shall be the exclusive remedy 
     against the United States for any claims within the purview 
     of this section.''.
       (2) The table of sections at the beginning of chapter 121 
     is amended to read as follows:

``2712. Civil action against the United States.''.

     SEC. 224. SUNSET.

       (a) In General.--Except as provided in subsection (b), this 
     title and the amendments made by this title (other than 
     sections 203(a), 203(c), 205, 208, 211, 213, 219, 221, and 
     222, and the amendments made by those sections) shall cease 
     to have effect on December 31, 2004.
       (b) Exceptions.--(1) If the President notifies the Congress 
     before December 31, 2004 that it is in the national interest 
     that these provisions remain in effect, these provisions 
     shall remain in effect until December 31, 2006 and cease to 
     have effect on that date.
       (2) With respect to any investigation that began before the 
     date on which these provisions cease to have effect, these 
     provisions shall continue in effect.

                  TITLE III--FINANCIAL INFRASTRUCTURE

     SEC. 301. 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. 305. EXTRATERRITORIAL JURISDICTION.

       Section 1029 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(h) Any person who, outside the jurisdiction of the 
     United States, engages in any act that, if committed within 
     the jurisdiction of the United States, would constitute an 
     offense under subsection (a) or (b) of this section, shall be 
     subject to the fines, penalties, imprisonment, and forfeiture 
     provided in this title if--
       ``(1) the offense involves an access device issued, owned, 
     managed, or controlled by a financial institution, account 
     issuer, credit card system member, or other entity within the 
     jurisdiction of the United States; and
       ``(2) the person transports, delivers, conveys, transfers 
     to or through, or otherwise stores, secrets, or holds within 
     the jurisdiction of the United States, any article used to 
     assist in the commission of the offense or the proceeds of 
     such offense or property derived therefrom.''.

                    TITLE IV--PROTECTING THE BORDER

               Subtitle A--Protecting the Northern Border

     SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN BORDER.

       The Attorney General is authorized to waive any FTE cap on 
     personnel assigned to the Immigration and Naturalization 
     Service to address the national security needs of the United 
     States on the Northern border.

     SEC. 402. NORTHERN BORDER PERSONNEL.

       There are authorized to be appropriated--
       (1) such sums as may be necessary to triple the number of 
     Border Patrol personnel (from the number authorized under 
     current law), and the necessary personnel and facilities to 
     support such personnel, in each State along the Northern 
     Border;
       (2) such sums as may be necessary to triple the number of 
     Customs Service personnel (from the number authorized under 
     current law), and the necessary personnel and facilities to 
     support such personnel, at ports of entry in each State along 
     the Northern Border;
       (3) such sums as may be necessary to triple the number of 
     INS inspectors (from the number authorized on the date of 
     enactment of this Act), and the necessary personnel and 
     facilities to support such personnel, at ports of entry in 
     each State along the Northern Border; and
       (4) an additional $50,000,000 each to the Immigration and 
     Naturalization Service and the United States Customs Service 
     for purposes of making improvements in technology for 
     monitoring the Northern Border and acquiring additional 
     equipment at the Northern Border.

     SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO 
                   CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL 
                   HISTORY RECORDS OF VISA APPLICANTS AND 
                   APPLICANTS FOR ADMISSION TO THE UNITED STATES.

       (a) Amendment of the Immigration and Nationality Act.--
     Section 105 of the Immigration and Nationality Act (8 U.S.C. 
     1105) is amended--
       (1) in the section heading, by inserting ``; data 
     exchange'' after ``security officers'';
       (2) by inserting ``(a)'' after ``Sec. 105.'';
       (3) in subsection (a), by inserting ``and border'' after 
     ``internal'' the second place it appears; and
       (4) by adding at the end the following:
       ``(b)(1) The Attorney General and the Director of the 
     Federal Bureau of Investigation shall provide the Department 
     of State and the Service access to the criminal history 
     record information contained in the National Crime 
     Information Center's Interstate Identification Index (NCIC-
     III), Wanted Persons File, and to any other files maintained 
     by the National Crime Information Center that may be mutually 
     agreed upon by the Attorney General and the agency receiving 
     the access, for the purpose of determining whether or not a 
     visa applicant or applicant for admission has a criminal 
     history record indexed in any such file.
       ``(2) Such access shall be provided by means of extracts of 
     the records for placement in the automated visa lookout or 
     other appropriate database, and shall be provided without any 
     fee or charge.
       ``(3) The Federal Bureau of Investigation shall provide 
     periodic updates of the extracts at intervals mutually agreed 
     upon with the agency receiving the access. Upon receipt of 
     such updated extracts, the receiving agency shall make 
     corresponding updates to its database and destroy previously 
     provided extracts.
       ``(4) Access to an extract does not entitle the Department 
     of State to obtain the full content of the corresponding 
     automated criminal history record. To obtain the full content 
     of a criminal history record, the Department of State shall 
     submit the applicant's fingerprints and any appropriate 
     fingerprint processing fee authorized by law to the Criminal 
     Justice Information Services Division of the Federal Bureau 
     of Investigation.
       ``(c) The provision of the extracts described in subsection 
     (b) may be reconsidered by the Attorney General and the 
     receiving agency upon the development and deployment of a 
     more cost-effective and efficient means of sharing the 
     information.
       ``(d) For purposes of administering this section, the 
     Department of State shall, prior to receiving access to NCIC 
     data but not later than 4 months after the date of enactment 
     of this subsection, promulgate final regulations--
       ``(1) to implement procedures for the taking of 
     fingerprints; and
       ``(2) to establish the conditions for the use of the 
     information received from the Federal Bureau of 
     Investigation, in order--
       ``(A) to limit the redissemination of such information;
       ``(B) to ensure that such information is used solely to 
     determine whether or not to issue a visa to an alien or to 
     admit an alien to the United States;
       ``(C) to ensure the security, confidentiality, and 
     destruction of such information; and
       ``(D) to protect any privacy rights of individuals who are 
     subjects of such information.''.
       (b) Reporting Requirement.--Not later than 2 years after 
     the date of enactment of this Act, the Attorney General and 
     the Secretary of State jointly shall report to Congress on 
     the implementation of the amendments made by this section.
       (c) Technology Standard to Confirm Identity.--
       (1) In General.--The Attorney General and the Secretary of 
     State jointly, through the National Institute of Standards 
     and Technology (NIST), and in consultation with the Secretary 
     of the Treasury and other Federal law enforcement and 
     intelligence agencies the Attorney General or Secretary of 
     State deems appropriate, shall within 2 years after the date 
     of enactment of this section, develop and certify a 
     technology standard that can confirm the identity of a person 
     applying for a United States visa or such person seeking to 
     enter the United States pursuant to a visa.
       (2) Integrated.--The technology standard developed pursuant 
     to paragraph (1), shall be the technological basis for a 
     cross-agency, cross-platform electronic system that is a 
     cost-effective, efficient, fully integrated means to share 
     law enforcement and intelligence information necessary to 
     confirm the identity of such persons applying for a United 
     States visa or such person seeking to enter the United States 
     pursuant to a visa.
       (3) Accessible.--The electronic system described in 
     paragraph (2), once implemented, shall be readily and easily 
     accessible to--
       (A) all consular officers responsible for the issuance of 
     visas;
       (B) all Federal inspection agents at all United States 
     border inspection points; and
       (C) all law enforcement and intelligence officers as 
     determined by regulation to be responsible for investigation 
     or identification of aliens admitted to the United States 
     pursuant to a visa.
       (4) Report.--Not later than 18 months after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Attorney General and the Secretary of State shall jointly, in 
     consultation with the Secretary of Treasury, report to 
     Congress describing the development, implementation and 
     efficacy of the technology standard and electronic database 
     system described in this subsection.
       (d) Statutory Construction.--Nothing in this section, or in 
     any other law, shall be construed to limit the authority of 
     the Attorney General or the Director of the Federal Bureau of 
     Investigation to provide access to the criminal history 
     record information contained in the National Crime 
     Information Center's (NCIC) Interstate Identification Index 
     (NCIC-III), or to any other information maintained by the 
     NCIC, to any Federal agency or officer authorized to enforce 
     or administer the immigration laws of the

[[Page H6747]]

     United States, for the purpose of such enforcement or 
     administration, upon terms that are consistent with the 
     National Crime Prevention and Privacy Compact Act of 1998 
     (subtitle A of title II of Public Law 105-251; 42 U.S.C. 
     14611-16) and section 552a of title 5, United States Code.

     SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.

       The matter under the headings ``Immigration And 
     Naturalization Service: Salaries and Expenses, Enforcement 
     And Border Affairs'' and ``Immigration And Naturalization 
     Service: Salaries and Expenses, Citizenship And Benefits, 
     Immigration And Program Direction'' in the Department of 
     Justice Appropriations Act, 2001 (as enacted into law by 
     Appendix B (H.R. 5548) of Public Law 106-553 (114 Stat. 
     2762A-58 to 2762A-59)) is amended by striking the following 
     each place it occurs: ``Provided, That none of 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. 405. REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT 
                   IDENTIFICATION SYSTEM FOR POINTS OF ENTRY AND 
                   OVERSEAS CONSULAR POSTS.

       (a) In General.--The Attorney General, in consultation with 
     the appropriate heads of other Federal agencies, including 
     the Secretary of State, Secretary of the Treasury, and the 
     Secretary of Transportation, shall report to Congress on the 
     feasibility of enhancing the Integrated Automated Fingerprint 
     Identification System (IAFIS) of the Federal Bureau of 
     Investigation and other identification systems in order to 
     better identify a person who holds a foreign passport or a 
     visa and may be wanted in connection with a criminal 
     investigation in the United States or abroad, before the 
     issuance of a visa to that person or the entry or exit by 
     that person from the United States.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated not less than $2,000,000 to carry out this 
     section.

              Subtitle B--Enhanced Immigration Provisions

     SEC. 411. DEFINITIONS RELATING TO TERRORISM.

       (a) Grounds of Inadmissibility.--Section 212(a)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is 
     amended--
       (1) in subparagraph (B)--
       (A) in clause (i)--
       (i) by amending subclause (IV) to read as follows:

       ``(IV) is a representative (as defined in clause (v)) of--

       ``(aa) a foreign terrorist organization, as designated by 
     the Secretary of State under section 219, or
       ``(bb) a political, social or other similar group whose 
     public endorsement of acts of terrorist activity the 
     Secretary of State has determined undermines United States 
     efforts to reduce or eliminate terrorist activities,'';
       (ii) in subclause (V), by inserting ``or'' after ``section 
     219,''; and
       (iii) by adding at the end the following new subclauses:

       ``(VI) has used the alien's position of prominence within 
     any country to endorse or espouse terrorist activity, or to 
     persuade others to support terrorist activity or a terrorist 
     organization, in a way that the Secretary of State has 
     determined undermines United States efforts to reduce or 
     eliminate terrorist activities, or
       ``(VII) is the spouse or child of an alien who is 
     inadmissible under this section, if the activity causing the 
     alien to be found inadmissible occurred within the last 5 
     years,'';

       (B) by redesignating clauses (ii), (iii), and (iv) as 
     clauses (iii), (iv), and (v), respectively;
       (C) in clause (i)(II), by striking ``clause (iii)'' and 
     inserting ``clause (iv)'';
       (D) by inserting after clause (i) the following:
       ``(ii) Exception.--Subclause (VII) of clause (i) does not 
     apply to a spouse or child--

       ``(I) who did not know or should not reasonably have known 
     of the activity causing the alien to be found inadmissible 
     under this section; or
       ``(II) whom the consular officer or Attorney General has 
     reasonable grounds to believe has renounced the activity 
     causing the alien to be found inadmissible under this 
     section.'';

       (E) in clause (iii) (as redesignated by subparagraph (B))--
       (i) by inserting ``it had been'' before ``committed in the 
     United States''; and
       (ii) in subclause (V)(b), by striking ``or firearm'' and 
     inserting ``, firearm, or other weapon or dangerous device'';
       (F) by amending clause (iv) (as redesignated by 
     subparagraph (B)) to read as follows:
       ``(iv) Engage in terrorist activity defined.--As used in 
     this chapter, the term `engage in terrorist activity' means, 
     in an individual capacity or as a member of an organization--

       ``(I) to commit or to incite to commit, under circumstances 
     indicating an intention to cause death or serious bodily 
     injury, a terrorist activity;
       ``(II) to prepare or plan a terrorist activity;
       ``(III) to gather information on potential targets for 
     terrorist activity;
       ``(IV) to solicit funds or other things of value for--

       ``(aa) a terrorist activity;
       ``(bb) a terrorist organization described in clauses 
     (vi)(I) or (vi)(II); or
       ``(cc) a terrorist organization described in clause 
     (vi)(III), unless the solicitor can demonstrate that he did 
     not know, and should not reasonably have known, that the 
     solicitation would further the organization's terrorist 
     activity;

       ``(V) to solicit any individual--

       ``(aa) to engage in conduct otherwise described in this 
     clause;
       ``(bb) for membership in a terrorist organization described 
     in clauses (vi)(I) or (vi)(II); or
       ``(cc) for membership in a terrorist organization described 
     in clause (vi)(III), unless the solicitor can demonstrate 
     that he did not know, and should not reasonably have known, 
     that the solicitation would further the organization's 
     terrorist activity; or

       ``(VI) to commit an act that the actor knows, or reasonably 
     should know, affords material support, including a safe 
     house, transportation, communications, funds, transfer of 
     funds or other material financial benefit, false 
     documentation or identification, weapons (including chemical, 
     biological, or radiological weapons), explosives, or 
     training--

       ``(aa) for the commission of a terrorist activity;
       ``(bb) to any individual who the actor knows, or reasonably 
     should know, has committed or plans to commit a terrorist 
     activity;
       ``(cc) to a terrorist organization described in clauses 
     (vi)(I) or (vi)(II); or
       ``(dd) to a terrorist organization described in clause 
     (vi)(III), unless the actor can demonstrate that he did not 
     know, and should not reasonably have known, that the act 
     would further the organization's terrorist activity.

     This clause shall not apply to any material support the alien 
     afforded to an organization or individual that has committed 
     terrorist activity, if the Secretary of State, after 
     consultation with the Attorney General, or the Attorney 
     General, after consultation with the Secretary of State, 
     concludes in his sole unreviewable discretion, that this 
     clause should not apply.''; and

       (G) by adding at the end the following new clause:
       ``(vi) Terrorist organization defined.--As used in clause 
     (i)(VI) and clause (iv), the term `terrorist organization' 
     means an organization--

       ``(I) designated under section 219;
       ``(II) otherwise designated, upon publication in the 
     Federal Register, by the Secretary of State in consultation 
     with or upon the request of the Attorney General, as a 
     terrorist organization, after finding that it engages in the 
     activities described in subclause (I), (II), or (III) of 
     clause (iv), or that it provides material support to further 
     terrorist activity; or
       ``(III) that is a group of two or more individuals, whether 
     organized or not, which engages in the activities described 
     in subclause (I), (II), or (III) of clause (iv).''; and

       (2) by adding at the end the following new subparagraph:
       ``(F) Association with terrorist organizations.--Any alien 
     who the Secretary of State, after consultation with the 
     Attorney General, or the Attorney General, after consultation 
     with the Secretary of State, determines has been associated 
     with a terrorist organization and intends while in the United 
     States to engage solely, principally, or incidentally in 
     activities that could endanger the welfare, safety, or 
     security of the United States is inadmissible.''.
       (b) Conforming Amendments.--
       (1) Section 237(a)(4)(B) of the Immigration and Nationality 
     Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``section 
     212(a)(3)(B)(iii)'' and inserting ``section 
     212(a)(3)(B)(iv)''.
       (2) Section 208(b)(2)(A)(v) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by 
     striking ``or (IV)'' and inserting ``(IV), or (VI)''.
       (c) Retroactive Application of Amendments.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall take 
     effect on the date of enactment of this Act and shall apply 
     to--
       (A) actions taken by an alien before, on, or after such 
     date; and
       (B) all aliens, without regard to the date of entry or 
     attempted entry into the United States--
       (i) in removal proceedings on or after such date (except 
     for proceedings in which there has been a final 
     administrative decision before such date); or
       (ii) seeking admission to the United States on or after 
     such date.
       (2) Special rule for aliens in exclusion or deportation 
     proceedings.--Notwithstanding any other provision of law, 
     sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and 
     Nationality Act, as amended by this Act, shall apply to all 
     aliens in exclusion or deportation proceedings on or after 
     the date of enactment of this Act (except for proceedings in 
     which there has been a final administrative decision before 
     such date) as if such proceedings were removal proceedings.
       (3) Special rule for section 219 organizations and 
     organizations designated under section 
     212(a)(3)(B)(vi)(II).--
       (A) In general.--Notwithstanding paragraphs (1) and (2), no 
     alien shall be considered inadmissible under section 
     212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)), or deportable under section 237(a)(4)(B) of such 
     Act (8 U.S.C.

[[Page H6748]]

     1227(a)(4)(B)), by reason of the amendments made by 
     subsection (a), on the ground that the alien engaged in a 
     terrorist activity described in subclause (IV)(bb), (V)(bb), 
     or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so 
     amended) with respect to a group at any time when the group 
     was not a terrorist organization designated by the Secretary 
     of State under section 219 of such Act (8 U.S.C. 1189) or 
     otherwise designated under section 212(a)(3)(B)(vi)(II).
       (B) Statutory construction.--Subparagraph (A) shall not be 
     construed to prevent an alien from being considered 
     inadmissible or deportable for having engaged in a terrorist 
     activity--
       (i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc) 
     of section 212(a)(3)(B)(iv) of such Act (as so amended) with 
     respect to a terrorist organization at any time when such 
     organization was designated by the Secretary of State under 
     section 219 of such Act or otherwise designated under section 
     212(a)(3)(B)(vi)(II); or
       (ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd) 
     of section 212(a)(3)(B)(iv) of such Act (as so amended) with 
     respect to a terrorist organization described in section 
     212(a)(3)(B)(vi)(III).
       (4) Exception.--The Secretary of State, in consultation 
     with the Attorney General, may determine that the amendments 
     made by this section shall not apply with respect to actions 
     by an alien taken outside the United States before the date 
     of enactment of this Act upon the recommendation of a 
     consular officer who has concluded that there is not 
     reasonable ground to believe that the alien knew or 
     reasonably should have known that the actions would further a 
     terrorist activity.
       (c) Designation of Foreign Terrorist Organizations.--
     Section 219(a) of the Immigration and Nationality Act (8 
     U.S.C. 1189(a)) is amended--
       (1) in paragraph (1)(B), by inserting ``or terrorism (as 
     defined in section 140(d)(2) of the Foreign Relations 
     Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
     2656f(d)(2)), or retains the capability and intent to engage 
     in terrorist activity or terrorism)'' after ``212(a)(3)(B)'';
       (2) in paragraph (1)(C), by inserting ``or terrorism'' 
     after ``terrorist activity'';
       (3) by amending paragraph (2)(A) to read as follows:
       ``(A) Notice.--
       ``(i) To congressional leaders.--Seven days before making a 
     designation under this subsection, the Secretary shall, by 
     classified communication, notify the Speaker and Minority 
     Leader of the House of Representatives, the President pro 
     tempore, Majority Leader, and Minority Leader of the Senate, 
     and the members of the relevant committees, in writing, of 
     the intent to designate an organization under this 
     subsection, together with the findings made under paragraph 
     (1) with respect to that organization, and the factual basis 
     therefor.
       ``(ii) Publication in federal register.--The Secretary 
     shall publish the designation in the Federal Register seven 
     days after providing the notification under clause (i).'';
       (4) in paragraph (2)(B)(i), by striking ``subparagraph 
     (A)'' and inserting ``subparagraph (A)(ii)'';
       (5) in paragraph (2)(C), by striking ``paragraph (2)'' and 
     inserting ``paragraph (2)(A)(i)'';
       (6) in paragraph (3)(B), by striking ``subsection (c)'' and 
     inserting ``subsection (b)'';
       (7) in paragraph (4)(B), by inserting after the first 
     sentence the following: ``The Secretary also may redesignate 
     such organization at the end of any 2-year redesignation 
     period (but not sooner than 60 days prior to the termination 
     of such period) for an additional 2-year period upon a 
     finding that the relevant circumstances described in 
     paragraph (1) still exist. Any redesignation shall be 
     effective immediately following the end of the prior 2-year 
     designation or redesignation period unless a different 
     effective date is provided in such redesignation.'';
       (8) in paragraph (6)(A)--
       (A) by inserting ``or a redesignation made under paragraph 
     (4)(B)'' after ``paragraph (1)'';
       (B) in clause (i)--
       (i) by inserting ``or redesignation'' after ``designation'' 
     the first place it appears; and
       (ii) by striking ``of the designation''; and
       (C) in clause (ii), by striking ``of the designation'';
       (9) in paragraph (6)(B)--
       (A) by striking ``through (4)'' and inserting ``and (3)''; 
     and
       (B) by inserting at the end the following new sentence: 
     ``Any revocation shall take effect on the date specified in 
     the revocation or upon publication in the Federal Register if 
     no effective date is specified.'';
       (10) in paragraph (7), by inserting ``, or the revocation 
     of a redesignation under paragraph (6),'' after ``paragraph 
     (5) or (6)''; and
       (11) in paragraph (8)--
       (A) by striking ``paragraph (1)(B)'' and inserting 
     ``paragraph (2)(B), or if a redesignation under this 
     subsection has become effective under paragraph (4)(B)'';
       (B) by inserting ``or an alien in a removal proceeding'' 
     after ``criminal action''; and
       (C) by inserting ``or redesignation'' before ``as a 
     defense''.

     SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS 
                   CORPUS; JUDICIAL REVIEW.

       (a) In General.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended by inserting after section 
     236 the following:


      ``MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; 
                            JUDICIAL REVIEW

       ``Sec. 236A. (a) Detention of Terrorist Aliens.--
       ``(1) Custody.--The Attorney General shall take into 
     custody any alien who is certified under paragraph (3).
       ``(2) Release.--Except as provided in paragraphs (5) and 
     (6), the Attorney General shall maintain custody of such an 
     alien until the alien is removed from the United States. 
     Except as provided in paragraph (6), such custody shall be 
     maintained irrespective of any relief from removal for which 
     the alien may be eligible, or any relief from removal granted 
     the alien, until the Attorney General determines that the 
     alien is no longer an alien who may be certified under 
     paragraph (3).
       ``(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 
     Commissioner. The Commissioner 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 not been removed under 
     section 241(a)(1)(A), and whose removal is unlikely in the 
     reasonably foreseeable future, may be detained for additional 
     periods of up to six months if 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.--
       ``(1) In general.--Judicial review of any action or 
     decision relating to this section (including judicial review 
     of the merits of a determination made under subsection (a)(3) 
     or (a)(6)) is available exclusively in habeas corpus 
     proceedings consistent with this subsection. Except as 
     provided in the preceding sentence, no court shall have 
     jurisdiction to review, by habeas corpus petition or 
     otherwise, any such action or decision.
       ``(2) Application.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, including section 2241(a) of title 28, United States 
     Code, habeas corpus proceedings described in paragraph (1) 
     may be initiated only by an application filed with--
       ``(i) the Supreme Court;
       ``(ii) any justice of the Supreme Court;
       ``(iii) any circuit judge of the United States Court of 
     Appeals for the District of Columbia Circuit; or
       ``(iv) any district court otherwise having jurisdiction to 
     entertain it.
       ``(B) Application transfer.--Section 2241(b) of title 28, 
     United States Code, shall apply to an application for a writ 
     of habeas corpus described in subparagraph (A).
       ``(3) Appeals.--Notwithstanding any other provision of law, 
     including section 2253 of title 28, in habeas corpus 
     proceedings described in paragraph (1) before a circuit or 
     district judge, the final order shall be subject to review, 
     on appeal, by the United States Court of Appeals for the 
     District of Columbia Circuit. There shall be no right of 
     appeal in such proceedings to any other circuit court of 
     appeals.
       ``(4) Rule of decision.--The law applied by the Supreme 
     Court and the United States Court of Appeals for the District 
     of Columbia Circuit shall be regarded as the rule of decision 
     in habeas corpus proceedings described in paragraph (1).
       ``(c) Statutory Construction.--The provisions of this 
     section shall not be applicable to any other provision of the 
     Immigration and Nationality Act.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 236 the following:

``Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; 
              judicial review.''.

       (c) Reports.--Not later than 6 months after the date of the 
     enactment of this Act, and every 6 months thereafter, the 
     Attorney General shall submit a report to the Committee on 
     the Judiciary of the House of Representatives and the 
     Committee on the Judiciary of the Senate, with respect to the 
     reporting period, on--
       (1) the number of aliens certified under section 236A(a)(3) 
     of the Immigration and Nationality Act, as added by 
     subsection (a);
       (2) the grounds for such certifications;
       (3) the nationalities of the aliens so certified;
       (4) the length of the detention for each alien so 
     certified; and
       (5) the number of aliens so certified who--
       (A) were granted any form of relief from removal;
       (B) were removed;
       (C) the Attorney General has determined are no longer 
     aliens who may be so certified; or

[[Page H6749]]

       (D) were released from detention.

     SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.

       Section 222(f) of the Immigration and Nationality Act (8 
     U.S.C. 1202(f)) is amended--
       (1) by striking ``except that in the discretion of'' and 
     inserting the following: ``except that--
       ``(1) in the discretion of''; and
       (2) by adding at the end the following:
       ``(2) the Secretary of State, in the Secretary's discretion 
     and on the basis of reciprocity, may provide to a foreign 
     government information in the Department of State's 
     computerized visa lookout database and, when necessary and 
     appropriate, other records covered by this section related to 
     information in the database--
       ``(A) with regard to individual aliens, at any time on a 
     case-by-case basis for the purpose of preventing, 
     investigating, or punishing acts that would constitute a 
     crime in the United States, including, but not limited to, 
     terrorism or trafficking in controlled substances, persons, 
     or illicit weapons; or
       ``(B) with regard to any or all aliens in the database, 
     pursuant to such conditions as the Secretary of State shall 
     establish in an agreement with the foreign government in 
     which that government agrees to use such information and 
     records for the purposes described in subparagraph (A) or to 
     deny visas to persons who would be inadmissible to the United 
     States.''.

    Subtitle C--Preservation of Immigration Benefits for Victims of 
                               Terrorism

     SEC. 421. SPECIAL IMMIGRANT STATUS.

       (a) In General.--For purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), the Attorney General 
     may provide an alien described in subsection (b) with the 
     status of a special immigrant under section 101(a)(27) of 
     such Act (8 U.S.C. 1101(a(27)), if the alien--
       (1) files with the Attorney General a petition under 
     section 204 of such Act (8 U.S.C. 1154) for classification 
     under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); 
     and
       (2) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence, except in determining such admissibility, the 
     grounds for inadmissibility specified in section 212(a)(4) of 
     such Act (8 U.S.C. 1182(a)(4)) shall not apply.
       (b) Aliens Described.--
       (1) Principal aliens.--An alien is described in this 
     subsection if--
       (A) the alien was the beneficiary of--
       (i) a petition that was filed with the Attorney General on 
     or before September 11, 2001--

       (I) under section 204 of the Immigration and Nationality 
     Act (8 U.S.C. 1154) to classify the alien as a family-
     sponsored immigrant under section 203(a) of such Act (8 
     U.S.C. 1153(a)) or as an employment-based immigrant under 
     section 203(b) of such Act (8 U.S.C. 1153(b)); or
       (II) under section 214(d) (8 U.S.C. 1184(d)) of such Act to 
     authorize the issuance of a nonimmigrant visa to the alien 
     under section 101(a)(15)(K) of such Act (8 U.S.C. 
     1101(a)(15)(K)); or

       (ii) an application for labor certification under section 
     212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was 
     filed under regulations of the Secretary of Labor on or 
     before such date; and
       (B) such petition or application was revoked or terminated 
     (or otherwise rendered null), either before or after its 
     approval, due to a specified terrorist activity that directly 
     resulted in--
       (i) the death or disability of the petitioner, applicant, 
     or alien beneficiary; or
       (ii) loss of employment due to physical damage to, or 
     destruction of, the business of the petitioner or applicant.
       (2) Spouses and children.--
       (A) In general.--An alien is described in this subsection 
     if--
       (i) the alien was, on September 10, 2001, the spouse or 
     child of a principal alien described in paragraph (1); and
       (ii) the alien--

       (I) is accompanying such principal alien; or
       (II) is following to join such principal alien not later 
     than September 11, 2003.

       (B) Construction.--For purposes of construing the terms 
     ``accompanying'' and ``following to join'' in subparagraph 
     (A)(ii), any death of a principal alien that is described in 
     paragraph (1)(B)(i) shall be disregarded.
       (3) Grandparents of orphans.--An alien is described in this 
     subsection if the alien is a grandparent of a child, both of 
     whose parents died as a direct result of a specified 
     terrorist activity, if either of such deceased parents was, 
     on September 10, 2001, a citizen or national of the United 
     States or an alien lawfully admitted for permanent residence 
     in the United States.
       (c) Priority Date.--Immigrant visas made available under 
     this section shall be issued to aliens in the order in which 
     a petition on behalf of each such alien is filed with the 
     Attorney General under subsection (a)(1), except that if an 
     alien was assigned a priority date with respect to a petition 
     described in subsection (b)(1)(A)(i), the alien may maintain 
     that priority date.
       (d) Numerical Limitations.--For purposes of the application 
     of sections 201 through 203 of the Immigration and 
     Nationality Act (8 U.S.C. 1151-1153) in any fiscal year, 
     aliens eligible to be provided status under this section 
     shall be treated as special immigrants described in section 
     101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not 
     described in subparagraph (A), (B), (C), or (K) of such 
     section.

     SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.

       (a) Automatic Extension of Nonimmigrant Status.--
       (1) In general.--Notwithstanding section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184), in the case 
     of an alien described in paragraph (2) who was lawfully 
     present in the United States as a nonimmigrant on September 
     10, 2001, the alien may remain lawfully in the United States 
     in the same nonimmigrant status until the later of--
       (A) the date such lawful nonimmigrant status otherwise 
     would have terminated if this subsection had not been 
     enacted; or
       (B) 1 year after the death or onset of disability described 
     in paragraph (2).
       (2) Aliens described.--
       (A) Principal aliens.--An alien is described in this 
     paragraph if the alien was disabled as a direct result of a 
     specified terrorist activity.
       (B) Spouses and children.--An alien is described in this 
     paragraph if the alien was, on September 10, 2001, the spouse 
     or child of--
       (i) a principal alien described in subparagraph (A); or
       (ii) an alien who died as a direct result of a specified 
     terrorist activity.
       (3) Authorized employment.--During the period in which a 
     principal alien or alien spouse is in lawful nonimmigrant 
     status under paragraph (1), the alien shall be provided an 
     ``employment authorized'' endorsement or other appropriate 
     document signifying authorization of employment not later 
     than 30 days after the alien requests such authorization.
       (b) New Deadlines for Extension or Change of Nonimmigrant 
     Status.--
       (1) Filing delays.--In the case of an alien who was 
     lawfully present in the United States as a nonimmigrant on 
     September 10, 2001, if the alien was prevented from filing a 
     timely application for an extension or change of nonimmigrant 
     status as a direct result of a specified terrorist activity, 
     the alien's application shall be considered timely filed if 
     it is filed not later than 60 days after it otherwise would 
     have been due.
       (2) Departure delays.--In the case of an alien who was 
     lawfully present in the United States as a nonimmigrant on 
     September 10, 2001, if the alien is unable timely to depart 
     the United States as a direct result of a specified terrorist 
     activity, the alien shall not be considered to have been 
     unlawfully present in the United States during the period 
     beginning on September 11, 2001, and ending on the date of 
     the alien's departure, if such departure occurs on or before 
     November 11, 2001.
       (3) Special rule for aliens unable to return from abroad.--
       (A) Principal aliens.--In the case of an alien who was in a 
     lawful nonimmigrant status on September 10, 2001, but who was 
     not present in the United States on such date, if the alien 
     was prevented from returning to the United States in order to 
     file a timely application for an extension of nonimmigrant 
     status as a direct result of a specified terrorist activity--
       (i) the alien's application shall be considered timely 
     filed if it is filed not later than 60 days after it 
     otherwise would have been due; and
       (ii) the alien's lawful nonimmigrant status shall be 
     considered to continue until the later of--

       (I) the date such status otherwise would have terminated if 
     this subparagraph had not been enacted; or
       (II) the date that is 60 days after the date on which the 
     application described in clause (i) otherwise would have been 
     due.

       (B) Spouses and children.--In the case of an alien who is 
     the spouse or child of a principal alien described in 
     subparagraph (A), if the spouse or child was in a lawful 
     nonimmigrant status on September 10, 2001, the spouse or 
     child may remain lawfully in the United States in the same 
     nonimmigrant status until the later of--
       (i) the date such lawful nonimmigrant status otherwise 
     would have terminated if this subparagraph had not been 
     enacted; or
       (ii) the date that is 60 days after the date on which the 
     application described in subparagraph (A) otherwise would 
     have been due.
       (4) Circumstances preventing timely action.--
       (A) Filing delays.--For purposes of paragraph (1), 
     circumstances preventing an alien from timely acting are--
       (i) office closures;
       (ii) mail or courier service cessations or delays; and
       (iii) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements.
       (B) Departure and return delays.--For purposes of 
     paragraphs (2) and (3), circumstances preventing an alien 
     from timely acting are--
       (i) office closures;
       (ii) airline flight cessations or delays; and
       (iii) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements.
       (c) Diversity Immigrants.--
       (1) Waiver of fiscal year limitation.--Notwithstanding 
     section 203(e)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1153(e)(2)), an immigrant visa number issued to an 
     alien under section 203(c) of such Act for fiscal year 2001 
     may be used by the alien during the period beginning on 
     October 1, 2001, and ending on April 1, 2002, if the alien 
     establishes that the alien was prevented from using it during 
     fiscal year 2001 as a direct result of a specified terrorist 
     activity.

[[Page H6750]]

       (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.
       (4) Circumstances preventing timely action.--For purposes 
     of paragraph (1), circumstances preventing an alien from 
     using an immigrant visa number during fiscal year 2001 are--
       (A) office closures;
       (B) mail or courier service cessations or delays;
       (C) airline flight cessations or delays; and
       (D) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements.
       (d) Extension of Expiration of Immigrant Visas.--
       (1) In general.--Notwithstanding the limitations under 
     section 221(c) of the Immigration and Nationality Act (8 
     U.S.C. 1201(c)), in the case of any immigrant visa issued to 
     an alien that expires or expired before December 31, 2001, if 
     the alien was unable to effect entry into the United States 
     as a direct result of a specified terrorist activity, then 
     the period of validity of the visa is extended until December 
     31, 2001, unless a longer period of validity is otherwise 
     provided under this subtitle.
       (2) Circumstances preventing entry.--For purposes of this 
     subsection, circumstances preventing an alien from effecting 
     entry into the United States are--
       (A) office closures;
       (B) airline flight cessations or delays; and
       (C) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements.
       (e) Grants of Parole Extended.--
       (1) In general.--In the case of any parole granted by the 
     Attorney General under section 212(d)(5) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a 
     date on or after September 11, 2001, if the alien beneficiary 
     of the parole was unable to return to the United States prior 
     to the expiration date as a direct result of a specified 
     terrorist activity, the parole is deemed extended for an 
     additional 90 days.
       (2) Circumstances preventing return.--For purposes of this 
     subsection, circumstances preventing an alien from timely 
     returning to the United States are--
       (A) office closures;
       (B) airline flight cessations or delays; and
       (C) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements.
       (f) Voluntary Departure.--Notwithstanding section 240B of 
     the Immigration and Nationality Act (8 U.S.C. 1229c), if a 
     period for voluntary departure under such section expired 
     during the period beginning on September 11, 2001, and ending 
     on October 11, 2001, such voluntary departure period is 
     deemed extended for an additional 30 days.

     SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES 
                   AND CHILDREN.

       (a) Treatment as Immediate Relatives.--
       (1) Spouses.--Notwithstanding the second sentence of 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who 
     was the spouse of a citizen of the United States at the time 
     of the citizen's death and was not legally separated from the 
     citizen at the time of the citizen's death, if the citizen 
     died as a direct result of a specified terrorist activity, 
     the alien (and each child of the alien) shall be considered, 
     for purposes of section 201(b) of such Act, to remain an 
     immediate relative after the date of the citizen's death, but 
     only if the alien files a petition under section 
     204(a)(1)(A)(ii) of such Act within 2 years after such date 
     and only until the date the alien remarries. For purposes of 
     such section 204(a)(1)(A)(ii), an alien granted relief under 
     the preceding sentence shall be considered an alien spouse 
     described in the second sentence of section 201(b)(2)(A)(i) 
     of such Act.
       (2) Children.--
       (A) In general.--In the case of an alien who was the child 
     of a citizen of the United States at the time of the 
     citizen's death, if the citizen died as a direct result of a 
     specified terrorist activity, the alien shall be considered, 
     for purposes of section 201(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(b)), to remain an immediate 
     relative after the date of the citizen's death (regardless of 
     changes in age or marital status thereafter), but only if the 
     alien files a petition under subparagraph (B) within 2 years 
     after such date.
       (B) Petitions.--An alien described in subparagraph (A) may 
     file a petition with the Attorney General for classification 
     of the alien under section 201(b)(2)(A)(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes 
     of such Act, such a petition shall be considered a petition 
     filed under section 204(a)(1)(A) of such Act (8 U.S.C. 
     1154(a)(1)(A)).
       (b) Spouses, Children, Unmarried Sons and Daughters of 
     Lawful Permanent Resident Aliens.--
       (1) In general.--Any spouse, child, or unmarried son or 
     daughter of an alien described in paragraph (3) who is 
     included in a petition for classification as a family-
     sponsored immigrant under section 203(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that 
     was filed by such alien before September 11, 2001, shall be 
     considered (if the spouse, child, son, or daughter has not 
     been admitted or approved for lawful permanent residence by 
     such date) a valid petitioner for preference status under 
     such section with the same priority date as that assigned 
     prior to the death described in paragraph (3)(A). No new 
     petition shall be required to be filed. Such spouse, child, 
     son, or daughter may be eligible for deferred action and work 
     authorization.
       (2) Self-petitions.--Any spouse, child, or unmarried son or 
     daughter of an alien described in paragraph (3) who is not a 
     beneficiary of a petition for classification as a 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. 424. ``AGE-OUT'' PROTECTION FOR CHILDREN.

       For purposes of the administration of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), in the case of an 
     alien--
       (1) whose 21st birthday occurs in September 2001, and who 
     is the beneficiary of a petition or application filed under 
     such Act on or before September 11, 2001, the alien shall be 
     considered to be a child for 90 days after the alien's 21st 
     birthday for purposes of adjudicating such petition or 
     application; and
       (2) whose 21st birthday occurs after September 2001, and 
     who is the beneficiary of a petition or application filed 
     under such Act on or before September 11, 2001, the alien 
     shall be considered to be a child for 45 days after the 
     alien's 21st birthday for purposes of adjudicating such 
     petition or application.

     SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.

       The Attorney General, for humanitarian purposes or to 
     ensure family unity, may provide temporary administrative 
     relief to any alien who--
       (1) was lawfully present in the United States on September 
     10, 2001;
       (2) was on such date the spouse, parent, or child of an 
     individual who died or was disabled as a direct result of a 
     specified terrorist activity; and
       (3) is not otherwise entitled to relief under any other 
     provision of this subtitle.

     SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF 
                   EMPLOYMENT.

       (a) In General.--The Attorney General shall establish 
     appropriate standards for evidence demonstrating, for 
     purposes of this subtitle, that any of the following occurred 
     as a direct result of a specified terrorist activity:
       (1) Death.
       (2) Disability.
       (3) Loss of employment due to physical damage to, or 
     destruction of, a business.
       (b) Waiver of Regulations.--The Attorney General shall 
     carry out subsection (a) as expeditiously as possible. The 
     Attorney General is not required to promulgate regulations 
     prior to implementing this subtitle.

[[Page H6751]]

     SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF 
                   TERRORISTS.

       Notwithstanding any other provision of this subtitle, 
     nothing in this subtitle shall be construed to provide any 
     benefit or relief to--
       (1) any individual culpable for a specified terrorist 
     activity; or
       (2) any family member of any individual described in 
     paragraph (1).

     SEC. 428. DEFINITIONS.

       (a) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this subtitle, the definitions used in the Immigration and 
     Nationality Act (excluding the definitions applicable 
     exclusively to title III of such Act) shall apply in the 
     administration of this subtitle.
       (b) Specified Terrorist Activity.--For purposes of this 
     subtitle, the term ``specified terrorist activity'' means any 
     terrorist activity conducted against the Government or the 
     people of the United States on September 11, 2001.

         TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

     SEC. 501. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS TO 
                   COMBAT TERRORISM.

       (a) Payment of Rewards To Combat Terrorism.--Funds 
     available to the Attorney General may be used for the payment 
     of rewards pursuant to public advertisements for assistance 
     to the Department of Justice to combat terrorism and defend 
     the Nation against terrorist acts, in accordance with 
     procedures and regulations established or issued by the 
     Attorney General.
       (b) Conditions.--In making rewards under this section--
       (1) no such reward of $250,000 or more may be made or 
     offered without the personal approval of either the Attorney 
     General or the President;
       (2) the Attorney General shall give written notice to the 
     Chairmen and ranking minority members of the Committees on 
     Appropriations and the Judiciary of the Senate and of the 
     House of Representatives not later than 30 days after the 
     approval of a reward under paragraph (1);
       (3) any executive agency or military department (as 
     defined, respectively, in sections 105 and 102 of title 5, 
     United States Code) may provide the Attorney General with 
     funds for the payment of rewards;
       (4) neither the failure of the Attorney General to 
     authorize a payment nor the amount authorized shall be 
     subject to judicial review; and
       (5) no such reward shall be subject to any per- or 
     aggregate reward spending limitation established by law, 
     unless that law expressly refers to this section, and no 
     reward paid pursuant to any such offer shall count toward any 
     such aggregate reward spending limitation.

     SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.

       Section 36 of the State Department Basic Authorities Act of 
     1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (4), by striking ``or'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``, including by dismantling an organization in 
     whole or significant part; or''; and
       (C) by adding at the end the following:
       ``(6) the identification or location of an individual who 
     holds a key leadership position in a terrorist 
     organization.'';
       (2) in subsection (d), by striking paragraphs (2) and (3) 
     and redesignating paragraph (4) as paragraph (2); and
       (3) in subsection (e)(1), by inserting ``, except as 
     personally authorized by the Secretary of State if he 
     determines that offer or payment of an award of a larger 
     amount is necessary to combat terrorism or defend the Nation 
     against terrorist acts.'' after ``$5,000,000''.

     SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT 
                   OFFENDERS.

       Section 3(d)(2) of the DNA Analysis Backlog Elimination Act 
     of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as 
     follows:
       ``(2) In addition to the offenses described in paragraph 
     (1), the following offenses shall be treated for purposes of 
     this section as qualifying Federal offenses, as determined by 
     the Attorney General:
       ``(A) Any offense listed in section 2332b(g)(5)(B) of title 
     18, United States Code.
       ``(B) Any crime of violence (as defined in section 16 of 
     title 18, United States Code).
       ``(C) Any attempt or conspiracy to commit any of the above 
     offenses.''.

     SEC. 504. COORDINATION WITH LAW ENFORCEMENT.

       (a) Information Acquired From an Electronic Surveillance.--
     Section 106 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1806), is amended by adding at the end the 
     following:
       ``(k)(1) Federal officers who conduct electronic 
     surveillance to acquire foreign intelligence information 
     under this title may consult with Federal law enforcement 
     officers to coordinate efforts to investigate or protect 
     against--
       ``(A) actual or potential attack or other grave hostile 
     acts of a foreign power or an agent of a foreign power;
       ``(B) sabotage or international terrorism by a foreign 
     power or an agent of a foreign power; or
       ``(C) clandestine intelligence activities by an 
     intelligence service or network of a foreign power or by an 
     agent of a foreign power.
       ``(2) Coordination authorized under paragraph (1) shall not 
     preclude the certification required by section 104(a)(7)(B) 
     or the entry of an order under section 105.''.
       (b) Information Acquired From a Physical Search.--Section 
     305 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1825) is amended by adding at the end the following:
       ``(k)(1) Federal officers who conduct physical searches to 
     acquire foreign intelligence information under this title may 
     consult with Federal law enforcement officers to coordinate 
     efforts to investigate or protect against--
       ``(A) actual or potential attack or other grave hostile 
     acts of a foreign power or an agent of a foreign power;
       ``(B) sabotage or international terrorism by a foreign 
     power or an agent of a foreign power; or
       ``(C) clandestine intelligence activities by an 
     intelligence service or network of a foreign power or by an 
     agent of a foreign power.
       ``(2) Coordination authorized under paragraph (1) shall not 
     preclude the certification required by section 303(a)(7) or 
     the entry of an order under section 304.''.

     SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.

       (a) Telephone Toll and Transactional Records.--Section 
     2709(b) of title 18, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``at Bureau headquarters or a Special Agent in Charge in a 
     Bureau field office designated by the Director'' after 
     ``Assistant Director'';
       (2) in paragraph (1)--
       (A) by striking ``in a position not lower than Deputy 
     Assistant Director''; and
       (B) by striking ``made that'' and all that follows and 
     inserting the following: ``made that the name, address, 
     length of service, and toll billing records sought are 
     relevant to an authorized investigation to protect against 
     international terrorism or clandestine intelligence 
     activities, provided that such an investigation of a United 
     States person is not conducted solely on the basis of 
     activities protected by the first amendment to the 
     Constitution of the United States; and''; and
       (3) in paragraph (2)--
       (A) by striking ``in a position not lower than Deputy 
     Assistant Director''; and
       (B) by striking ``made that'' and all that follows and 
     inserting the following: ``made that the information sought 
     is relevant to an authorized investigation to protect against 
     international terrorism or clandestine intelligence 
     activities, provided that such an investigation of a United 
     States person is not conducted solely upon the basis of 
     activities protected by the first amendment to the 
     Constitution of the United States.''.
       (b) Financial Records.--Section 1114(a)(5)(A) of the Right 
     to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is 
     amended--
       (1) by inserting ``in a position not lower than Deputy 
     Assistant Director at Bureau headquarters or a Special Agent 
     in Charge in a Bureau field office designated by the 
     Director'' after ``designee''; and
       (2) by striking ``sought'' and all that follows and 
     inserting ``sought for foreign counter intelligence purposes 
     to protect against international terrorism or clandestine 
     intelligence activities, provided that such an investigation 
     of a United States person is not conducted solely upon the 
     basis of activities protected by the first amendment to the 
     Constitution of the United States.''.
       (c) Consumer Reports.--Section 624 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681u) is amended--
       (1) in subsection (a)--
       (A) by inserting ``in a position not lower than Deputy 
     Assistant Director at Bureau headquarters or a Special Agent 
     in Charge of a Bureau field office designated by the 
     Director'' after ``designee'' the first place it appears; and
       (B) by striking ``in writing that'' and all that follows 
     through the end and inserting the following: ``in writing, 
     that such information is sought for the conduct of an 
     authorized investigation to protect against international 
     terrorism or clandestine intelligence activities, provided 
     that such an investigation of a United States person is not 
     conducted solely upon the basis of activities protected by 
     the first amendment to the Constitution of the United 
     States.'';
       (2) in subsection (b)--
       (A) by inserting ``in a position not lower than Deputy 
     Assistant Director at Bureau headquarters or a Special Agent 
     in Charge of a Bureau field office designated by the 
     Director'' after ``designee'' the first place it appears; and
       (B) by striking ``in writing that'' and all that follows 
     through the end and inserting the following: ``in writing 
     that such information is sought for the conduct of an 
     authorized investigation to protect against international 
     terrorism or clandestine intelligence activities, provided 
     that such an investigation of a United States person is not 
     conducted solely upon the basis of activities protected by 
     the first amendment to the Constitution of the United 
     States.''; and
       (3) in subsection (c)--
       (A) by inserting ``in a position not lower than Deputy 
     Assistant Director at Bureau headquarters or a Special Agent 
     in Charge in a Bureau field office designated by the 
     Director'' after ``designee of the Director''; and
       (B) by striking ``in camera that'' and all that follows 
     through ``States.'' and inserting

[[Page H6752]]

     the following: ``in camera that the consumer report is sought 
     for the conduct of an authorized investigation to protect 
     against international terrorism or clandestine intelligence 
     activities, provided that such an investigation of a United 
     States person is not conducted solely upon the basis of 
     activities protected by the first amendment to the 
     Constitution of the United States.''.

      SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.

       (a) Concurrent Jurisdiction Under 18 U.S.C. 1030.--Section 
     1030(d) of title 18, United States Code, is amended to read 
     as follows:
       ``(d)(1) The United States Secret Service shall, in 
     addition to any other agency having such authority, have the 
     authority to investigate offenses under this section.
       ``(2) The Federal Bureau of Investigation shall have 
     primary authority to investigate offenses under subsection 
     (a)(1) for any cases involving espionage, foreign 
     counterintelligence, information protected against 
     unauthorized disclosure for reasons of national defense or 
     foreign relations, or Restricted Data (as that term is 
     defined in section 11y of the Atomic Energy Act of 1954 (42 
     U.S.C. 2014(y)), except for offenses affecting the duties of 
     the United States Secret Service pursuant to section 3056(a) 
     of this title.
       ``(3) Such authority shall be exercised in accordance with 
     an agreement which shall be entered into by the Secretary of 
     the Treasury and the Attorney General.''.
       (b) Reauthorization of Jurisdiction under 18 U.S.C. 1344.--
     Section 3056(b)(3) of title 18, United States Code, is 
     amended by striking ``credit and debit card frauds, and false 
     identification documents or devices'' and inserting ``access 
     device frauds, false identification documents or devices, and 
     any fraud or other criminal or unlawful activity in or 
     against any federally insured financial institution''.

     SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.

       Section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g), is amended by adding after subsection (i) a 
     new subsection (j) to read as follows:
       ``(j) Investigation and Prosecution of Terrorism.--
       ``(1) In general.--Notwithstanding subsections (a) through 
     (i) or any provision of State law, the Attorney General (or 
     any Federal officer or employee, in a position not lower than 
     an Assistant Attorney General, designated by the Attorney 
     General) may submit a written application to a court of 
     competent jurisdiction for an ex parte order requiring an 
     educational agency or institution to permit the Attorney 
     General (or his designee) to--
       ``(A) collect education records in the possession of the 
     educational agency or institution that are relevant to an 
     authorized investigation or prosecution of an offense listed 
     in section 2332b(g)(5)(B) of title 18 United States Code, or 
     an act of domestic or international terrorism as defined in 
     section 2331 of that title; and
       ``(B) for official purposes related to the investigation or 
     prosecution of an offense described in paragraph (1)(A), 
     retain, disseminate, and use (including as evidence at trial 
     or in other administrative or judicial proceedings) such 
     records, consistent with such guidelines as the Attorney 
     General, after consultation with the Secretary, shall issue 
     to protect confidentiality.
       ``(2) Application and approval.--
       ``(A) In general.--An application under paragraph (1) shall 
     certify that there are specific and articulable facts giving 
     reason to believe that the education records are likely to 
     contain information described in paragraph (1)(A).
       ``(B) The court shall issue an order described in paragraph 
     (1) if the court finds that the application for the order 
     includes the certification described in subparagraph (A).
       ``(3) Protection of educational agency or institution.--An 
     educational agency or institution that, in good faith, 
     produces education records in accordance with an order issued 
     under this subsection shall not be liable to any person for 
     that production.
       ``(4) Record-keeping.--Subsection (b)(4) does not apply to 
     education records subject to a court order under this 
     subsection.''.

     SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.

       Section 408 of the National Education Statistics Act of 
     1994 (20 U.S.C. 9007), is amended by adding after subsection 
     (b) a new subsection (c) to read as follows:
       ``(c) Investigation and Prosecution of Terrorism.--
       ``(1) In General.--Notwithstanding subsections (a) and (b), 
     the Attorney General (or any Federal officer or employee, in 
     a position not lower than an Assistant Attorney General, 
     designated by the Attorney General) may submit a written 
     application to a court of competent jurisdiction for an ex 
     parte order requiring the Secretary to permit the Attorney 
     General (or his designee) to--
       ``(A) collect reports, records, and information (including 
     individually identifiable information) in the possession of 
     the center that are relevant to an authorized investigation 
     or prosecution of an offense listed in section 2332b(g)(5)(B) 
     of title 18, United States Code, or an act of domestic or 
     international terrorism as defined in section 2331 of that 
     title; and
       ``(B) for official purposes related to the investigation or 
     prosecution of an offense described in paragraph (1)(A), 
     retain, disseminate, and use (including as evidence at trial 
     or in other administrative or judicial proceedings) such 
     information, consistent with such guidelines as the Attorney 
     General, after consultation with the Secretary, shall issue 
     to protect confidentiality.
       ``(2) Application and approval.--
       ``(A) In general.--An application under paragraph (1) shall 
     certify that there are specific and articulable facts giving 
     reason to believe that the information sought is described in 
     paragraph (1)(A).
       ``(B) The court shall issue an order described in paragraph 
     (1) if the court finds that the application for the order 
     includes the certification described in subparagraph (A).
       ``(3) Protection.--An officer or employee of the Department 
     who, in good faith, produces information in accordance with 
     an order issued under this subsection does not violate 
     subsection (b)(2) and shall not be liable to any person for 
     that production.''.

 TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, 
                           AND THEIR FAMILIES

         Subtitle A--Aid to Families of Public Safety Officers

     SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFICERS 
                   INVOLVED IN THE PREVENTION, INVESTIGATION, 
                   RESCUE, OR RECOVERY EFFORTS RELATED TO A 
                   TERRORIST ATTACK.

       (a) In General.--Notwithstanding the limitations of 
     subsection (b) of section 1201 or the provisions of 
     subsections (c), (d), and (e) of such section or section 1202 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3796, 3796a), upon certification 
     (containing identification of all eligible payees of benefits 
     pursuant to section 1201 of such Act) by a public agency that 
     a public safety officer employed by such agency was killed or 
     suffered a catastrophic injury producing permanent and total 
     disability as a direct and proximate result of a personal 
     injury sustained in the line of duty as described in section 
     1201 of such Act in connection with prevention, 
     investigation, rescue, or recovery efforts related to a 
     terrorist attack, the Director of the Bureau of Justice 
     Assistance shall authorize payment to qualified 
     beneficiaries, said payment to be made not later than 30 days 
     after receipt of such certification, benefits described under 
     subpart 1 of part L of such Act (42 U.S.C. 3796 et seq.).
       (b) Definitions.--For purposes of this section, the terms 
     ``catastrophic injury'', ``public agency'', and ``public 
     safety officer'' have the same meanings given such terms in 
     section 1204 of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796b).

     SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED 
                   PAYMENTS FOR HEROIC PUBLIC SAFETY OFFICERS.

       Section 1 of Public Law 107-37 (an Act to provide for the 
     expedited payment of certain benefits for a public safety 
     officer who was killed or suffered a catastrophic injury as a 
     direct and proximate result of a personal injury sustained in 
     the line of duty in connection with the terrorist attacks of 
     September 11, 2001) is amended by--
       (1) inserting before ``by a'' the following: ``(containing 
     identification of all eligible payees of benefits pursuant to 
     section 1201)'';
       (2) inserting ``producing permanent and total disability'' 
     after ``suffered a catastrophic injury''; and
       (3) striking ``1201(a)'' and inserting ``1201''.

     SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT 
                   INCREASE.

       (a) Payments.--Section 1201(a) of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by 
     striking ``$100,000'' and inserting ``$250,000''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to any death or disability occurring on or after 
     January 1, 2001.

     SEC. 614. OFFICE OF JUSTICE PROGRAMS.

       Section 112 of title I of section 101(b) of division A of 
     Public Law 105-277 and section 108(a) of appendix A of Public 
     Law 106-113 (113 Stat. 1501A-20) are amended--
       (1) after ``that Office'', each place it occurs, by 
     inserting ``(including, notwithstanding any contrary 
     provision of law (unless the same should expressly refer to 
     this section), any organization that administers any program 
     established in title 1 of Public Law 90-351)''; and
       (2) by inserting ``functions, including any'' after 
     ``all''.

       Subtitle B--Amendments to the Victims of Crime Act of 1984

     SEC. 621. CRIME VICTIMS FUND.

       (a) Deposit of Gifts in the Fund.--Section 1402(b) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(b)) is 
     amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) any gifts, bequests, or donations to the Fund from 
     private entities or individuals.''.
       (b) Formula for Fund Distributions.--Section 1402(c) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended 
     to read as follows:
       ``(c) Fund Distribution; Retention of Sums in Fund; 
     Availability for Expenditure Without Fiscal Year 
     Limitation.--
       ``(1) Subject to the availability of money in the Fund, in 
     each fiscal year, beginning with fiscal year 2003, the 
     Director shall distribute

[[Page H6753]]

     not less than 90 percent nor more than 110 percent of the 
     amount distributed from the Fund in the previous fiscal year, 
     except the Director may distribute up to 120 percent of the 
     amount distributed in the previous fiscal year in any fiscal 
     year that the total amount available in the Fund is more than 
     2 times the amount distributed in the previous fiscal year.
       ``(2) In each fiscal year, the Director shall distribute 
     amounts from the Fund in accordance with subsection (d). All 
     sums not distributed during a fiscal year shall remain in 
     reserve in the Fund to be distributed during a subsequent 
     fiscal year. Notwithstanding any other provision of law, all 
     sums deposited in the Fund that are not distributed shall 
     remain in reserve in the Fund for obligation in future fiscal 
     years, without fiscal year limitation.''.
       (c) Allocation of Funds for Costs and Grants.--Section 
     1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10601(d)(4)) is amended--
       (1) by striking ``deposited in'' and inserting ``to be 
     distributed from'';
       (2) in subparagraph (A), by striking ``48.5'' and inserting 
     ``47.5'';
       (3) in subparagraph (B), by striking ``48.5'' and inserting 
     ``47.5''; and
       (4) in subparagraph (C), by striking ``3'' and inserting 
     ``5''.
       (d) Antiterrorism Emergency Reserve.--Section 1402(d)(5) of 
     the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is 
     amended to read as follows:
       ``(5)(A) In addition to the amounts distributed under 
     paragraphs (2), (3), and (4), the Director may set aside up 
     to $50,000,000 from the amounts transferred to the Fund for 
     use in responding to the airplane hijackings and terrorist 
     acts that occurred on September 11, 2001, as an antiterrorism 
     emergency reserve. The Director may replenish any amounts 
     expended from such reserve in subsequent fiscal years by 
     setting aside up to 5 percent of the amounts remaining in the 
     Fund in any fiscal year after distributing amounts under 
     paragraphs (2), (3) and (4). Such reserve shall not exceed 
     $50,000,000.
       ``(B) The antiterrorism emergency reserve referred to in 
     subparagraph (A) may be used for supplemental grants under 
     section 1404B and to provide compensation to victims of 
     international terrorism under section 1404C.
       ``(C) Amounts in the antiterrorism emergency reserve 
     established pursuant to subparagraph (A) may be carried over 
     from fiscal year to fiscal year. Notwithstanding subsection 
     (c) and section 619 of the Departments of Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     Act, 2001 (and any similar limitation on Fund obligations in 
     any future Act, unless the same should expressly refer to 
     this section), any such amounts carried over shall not be 
     subject to any limitation on obligations from amounts 
     deposited to or available in the Fund.''.
       (e) Victims of September 11, 2001.--Amounts transferred to 
     the Crime Victims Fund for use in responding to the airplane 
     hijackings and terrorist acts (including any related search, 
     rescue, relief, assistance, or other similar activities) that 
     occurred on September 11, 2001, shall not be subject to any 
     limitation on obligations from amounts deposited to or 
     available in the Fund, notwithstanding--
       (1) section 619 of the Departments of Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     Act, 2001, and any similar limitation on Fund obligations in 
     such Act for Fiscal Year 2002; and
       (2) subsections (c) and (d) of section 1402 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10601).

     SEC. 622. CRIME VICTIM COMPENSATION.

       (a) Allocation of Funds for Compensation and Assistance.--
     Paragraphs (1) and (2) of section 1403(a) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10602(a)) are amended by 
     inserting ``in fiscal year 2002 and of 60 percent in 
     subsequent fiscal years'' after ``40 percent''.
       (b) Location of Compensable Crime.--Section 1403(b)(6)(B) 
     of the Victims of Crime Act of 1984 (42 U.S.C. 
     10602(b)(6)(B)) is amended by striking ``are outside the 
     United States (if the compensable crime is terrorism, as 
     defined in section 2331 of title 18), or''.
       (c) Relationship of Crime Victim Compensation to Means-
     Tested Federal Benefit Programs.--Section 1403 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking 
     subsection (c) and inserting the following:
       ``(c) Exclusion From Income, Resources, and Assets for 
     Purposes of Means Tests.--Notwithstanding any other law 
     (other than title IV of Public Law 107-42), for the purpose 
     of any maximum allowed income, resource, or asset eligibility 
     requirement in any Federal, State, or local government 
     program using Federal funds that provides medical or other 
     assistance (or payment or reimbursement of the cost of such 
     assistance), any amount of crime victim compensation that the 
     applicant receives through a crime victim compensation 
     program under this section shall not be included in the 
     income, resources, or assets of the applicant, nor shall that 
     amount reduce the amount of the assistance available to the 
     applicant from Federal, State, or local government programs 
     using Federal funds, unless the total amount of assistance 
     that the applicant receives from all such programs is 
     sufficient to fully compensate the applicant for losses 
     suffered as a result of the crime.''.
       (d) Definitions of ``Compensable Crime'' and ``State''.--
     Section 1403(d) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10602(d)) is amended--
       (1) in paragraph (3), by striking ``crimes involving 
     terrorism,''; and
       (2) in paragraph (4), by inserting ``the United States 
     Virgin Islands,'' after ``the Commonwealth of Puerto Rico,''.
       (e) Relationship of Eligible Crime Victim Compensation 
     Programs to the September 11th Victim Compensation Fund.--
       (1) In general.--Section 1403(e) of the Victims of Crime 
     Act of 1984 (42 U.S.C. 10602(e)) is amended by inserting 
     ``including the program established under title IV of Public 
     Law 107-42,'' after ``Federal program,''.
       (2) Compensation.--With respect to any compensation payable 
     under title IV of Public Law 107-42, the failure of a crime 
     victim compensation program, after the effective date of 
     final regulations issued pursuant to section 407 of Public 
     Law 107-42, to provide compensation otherwise required 
     pursuant to section 1403 of the Victims of Crime Act of 1984 
     (42 U.S.C. 10602) shall not render that program ineligible 
     for future grants under the Victims of Crime Act of 1984.

     SEC. 623. CRIME VICTIM ASSISTANCE.

       (a) Assistance for Victims in the District of Columbia, 
     Puerto Rico, and Other Territories and Possessions.--Section 
     1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10603(a)) is amended by adding at the end the following:
       ``(6) An agency of the Federal Government performing local 
     law enforcement functions in and on behalf of the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, or any other territory or possession of the 
     United States may qualify as an eligible crime victim 
     assistance program for the purpose of grants under this 
     subsection, or for the purpose of grants under subsection 
     (c)(1).''.
       (b) Prohibition on Discrimination Against Certain 
     Victims.--Section 1404(b)(1) of the Victims of Crime Act of 
     1984 (42 U.S.C. 10603(b)(1)) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) does not discriminate against victims because they 
     disagree with the way the State is prosecuting the criminal 
     case.''.
       (c) Grants for Program Evaluation and Compliance Efforts.--
     Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10603(c)(1)(A)) is amended by inserting ``, program 
     evaluation, compliance efforts,'' after ``demonstration 
     projects''.
       (d) Allocation of Discretionary Grants.--Section 1404(c)(2) 
     of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) 
     is amended--
       (1) in subparagraph (A), by striking ``not more than'' and 
     inserting ``not less than''; and
       (2) in subparagraph (B), by striking ``not less than'' and 
     inserting ``not more than''.
       (e) Fellowships and Clinical Internships.--Section 
     1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10603(c)(3)) is amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) use funds made available to the Director under this 
     subsection--
       ``(i) for fellowships and clinical internships; and
       ``(ii) to carry out programs of training and special 
     workshops for the presentation and dissemination of 
     information resulting from demonstrations, surveys, and 
     special projects.''.

     SEC. 624. VICTIMS OF TERRORISM.

       (a) Compensation and Assistance to Victims of Domestic 
     Terrorism.--Section 1404B(b) of the Victims of Crime Act of 
     1984 (42 U.S.C. 10603b(b)) is amended to read as follows:
       ``(b) Victims of Terrorism Within the United States.--The 
     Director may make supplemental grants as provided in section 
     1402(d)(5) to States for eligible crime victim compensation 
     and assistance programs, and to victim service organizations, 
     public agencies (including Federal, State, or local 
     governments) and nongovernmental organizations that provide 
     assistance to victims of crime, which shall be used to 
     provide emergency relief, including crisis response efforts, 
     assistance, compensation, training and technical assistance, 
     and ongoing assistance, including during any investigation or 
     prosecution, to victims of terrorist acts or mass violence 
     occurring within the United States.''.
       (b) Assistance to Victims of International Terrorism.--
     Section 1404B(a)(1) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10603b(a)(1)) is amended by striking ``who are not 
     persons eligible for compensation under title VIII of the 
     Omnibus Diplomatic Security and Antiterrorism Act of 1986''.
       (c) Compensation to Victims of International Terrorism.--
     Section 1404C(b) of the Victims of Crime of 1984 (42 U.S.C. 
     10603c(b)) is amended by adding at the end the following: 
     ``The amount of compensation awarded to a victim under this 
     subsection shall be reduced by any amount that the victim 
     received in connection with the same act of international 
     terrorism under title VIII of the Omnibus Diplomatic Security 
     and Antiterrorism Act of 1986.''.

[[Page H6754]]

 TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE 
                               PROTECTION

     SEC. 711. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM TO 
                   FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCEMENT 
                   RESPONSE RELATED TO TERRORIST ATTACKS.

       Section 1301 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796h) is amended--
       (1) in subsection (a), by inserting ``and terrorist 
     conspiracies and activities'' after ``activities'';
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``and'' after the 
     semicolon;
       (B) by redesignating paragraph (4) as paragraph (5);
       (C) by inserting after paragraph (3) the following:
       ``(4) establishing and operating secure information sharing 
     systems to enhance the investigation and prosecution 
     abilities of participating enforcement agencies in addressing 
     multi-jurisdictional terrorist conspiracies and activities; 
     and (5)''; and
       (3) by inserting at the end the following:
       ``(d) Authorization of Appropriation to the Bureau of 
     Justice Assistance.--There are authorized to be appropriated 
     to the Bureau of Justice Assistance to carry out this section 
     $50,000,000 for fiscal year 2002 and $100,000,000 for fiscal 
     year 2003.''.

     TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

     SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE 
                   AGAINST MASS TRANSPORTATION SYSTEMS.

       Chapter 97 of title 18, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 1993. Terrorist attacks and other acts of violence 
       against mass transportation systems

       ``(a) General Prohibitions.--Whoever willfully--
       ``(1) wrecks, derails, sets fire to, or disables a mass 
     transportation vehicle or ferry;
       ``(2) places or causes to be placed any biological agent or 
     toxin for use as a weapon, destructive substance, or 
     destructive device in, upon, or near a mass transportation 
     vehicle or ferry, without previously obtaining the permission 
     of the mass transportation provider, and with intent to 
     endanger the safety of any passenger or employee of the mass 
     transportation provider, or with a reckless disregard for the 
     safety of human life;
       ``(3) sets fire to, or places any biological agent or toxin 
     for use as a weapon, destructive substance, or destructive 
     device in, upon, or near any garage, terminal, structure, 
     supply, or facility used in the operation of, or in support 
     of the operation of, a mass transportation vehicle or ferry, 
     without previously obtaining the permission of the mass 
     transportation provider, and knowing or having reason to know 
     such activity would likely derail, disable, or wreck a mass 
     transportation vehicle or ferry used, operated, or employed 
     by the mass transportation provider;
       ``(4) removes appurtenances from, damages, or otherwise 
     impairs the operation of a mass transportation signal system, 
     including a train control system, centralized dispatching 
     system, or rail grade crossing warning signal;
       ``(5) interferes with, disables, or incapacitates any 
     dispatcher, driver, captain, or person while they are 
     employed in dispatching, operating, or maintaining a mass 
     transportation vehicle or ferry, with intent to endanger the 
     safety of any passenger or employee of the mass 
     transportation provider, or with a reckless disregard for the 
     safety of human life;
       ``(6) commits an act, including the use of a dangerous 
     weapon, with the intent to cause death or serious bodily 
     injury to an employee or passenger of a mass transportation 
     provider or any other person while any of the foregoing are 
     on the property of a mass transportation provider;
       ``(7) conveys or causes to be conveyed false information, 
     knowing the information to be false, concerning an attempt or 
     alleged attempt being made or to be made, to do any act which 
     would be a crime prohibited by this subsection; or
       ``(8) attempts, threatens, or conspires to do any of the 
     aforesaid acts,

     shall be fined under this title or imprisoned not more than 
     twenty years, or both, if such act is committed, or in the 
     case of a threat or conspiracy such act would be committed, 
     on, against, or affecting a mass transportation provider 
     engaged in or affecting interstate or foreign commerce, or if 
     in the course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(b) Aggravated Offense.--Whoever commits an offense under 
     subsection (a) in a circumstance in which--
       ``(1) the mass transportation vehicle or ferry was carrying 
     a passenger at the time of the offense; or
       ``(2) the offense has resulted in the death of any person,

     shall be guilty of an aggravated form of the offense and 
     shall be fined under this title or imprisoned for a term of 
     years or for life, or both.
       ``(c) Definitions.--In this section--
       ``(1) the term `biological agent' has the meaning given to 
     that term in section 178(1) of this title;
       ``(2) the term `dangerous weapon' has the meaning given to 
     that term in section 930 of this title;
       ``(3) the term `destructive device' has the meaning given 
     to that term in section 921(a)(4) of this title;
       ``(4) the term `destructive substance' has the meaning 
     given to that term in section 31 of this title;
       ``(5) the term `mass transportation' has the meaning given 
     to that term in section 5302(a)(7) of title 49, United States 
     Code, except that the term shall include schoolbus, charter, 
     and sightseeing transportation;
       ``(6) the term `serious bodily injury' has the meaning 
     given to that term in section 1365 of this title;
       ``(7) the term `State' has the meaning given to that term 
     in section 2266 of this title; and
       ``(8) the term `toxin' has the meaning given to that term 
     in section 178(2) of this title.''.
       (f) Conforming Amendment.--The analysis of chapter 97 of 
     title 18, United States Code, is amended by adding at the 
     end:

``1993. Terrorist attacks and other acts of violence against mass 
              transportation systems.''.

     SEC. 802. DEFINITION OF DOMESTIC TERRORISM.

       (a) Domestic Terrorism Defined.--Section 2331 of title 18, 
     United States Code, is amended--
       (1) in paragraph (1)(B)(iii), by striking ``by 
     assassination or kidnapping'' and inserting ``by mass 
     destruction, assassination, or kidnapping'';
       (2) in paragraph (3), by striking ``and'';
       (3) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(5) the term `domestic terrorism' means activities that--
       ``(A) involve acts dangerous to human life that are a 
     violation of the criminal laws of the United States or of any 
     State;
       ``(B) appear to be intended--
       ``(i) to intimidate or coerce a civilian population;
       ``(ii) to influence the policy of a government by 
     intimidation or coercion; or
       ``(iii) to affect the conduct of a government by mass 
     destruction, assassination, or kidnapping; and
       ``(C) occur primarily within the territorial jurisdiction 
     of the United States.''.
       (b) Conforming Amendment.--Section 3077(1) of title 18, 
     United States Code, is amended to read as follows:
       ``(1) `act of terrorism' means an act of domestic or 
     international terrorism as defined in section 2331;''.

     SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by adding after section 2338 the following 
     new section:

     ``Sec. 2339. Harboring or concealing terrorists

       ``(a) Whoever harbors or conceals any person who he knows, 
     or has reasonable grounds to believe, has committed, or is 
     about to commit, an offense under section 32 (relating to 
     destruction of aircraft or aircraft facilities), section 175 
     (relating to biological weapons), section 229 (relating to 
     chemical weapons), section 831 (relating to nuclear 
     materials), paragraph (2) or (3) of section 844(f) (relating 
     to arson and bombing of government property risking or 
     causing injury or death), section 1366(a) (relating to the 
     destruction of an energy facility), section 2280 (relating to 
     violence against maritime navigation), section 2332a 
     (relating to weapons of mass destruction), or section 2332b 
     (relating to acts of terrorism transcending national 
     boundaries) of this title, section 236(a) (relating to 
     sabotage of nuclear facilities or fuel) of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating 
     to aircraft piracy) of title 49, shall be fined under this 
     title or imprisoned not more than ten years, or both.''.
       ``(b) A violation of this section may be prosecuted in any 
     Federal judicial district in which the underlying offense was 
     committed, or in any other Federal judicial district as 
     provided by law.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     113B of title 18, United States Code, is amended by inserting 
     after the item for section 2338 the following:

``2339. Harboring or concealing terrorists.''.

     SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. 
                   FACILITIES ABROAD.

       Section 7 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(9) With respect to offenses committed by or against a 
     United States national, as defined in section 1203(c) of this 
     title--
       ``(A) the premises of United States diplomatic, consular, 
     military or other United States Government missions or 
     entities in foreign States, including the buildings, parts of 
     buildings, and land appurtenant or ancillary thereto or used 
     for purposes of those missions or entities, irrespective of 
     ownership; and
       ``(B) residences in foreign States and the land appurtenant 
     or ancillary thereto, irrespective of ownership, used for 
     purposes of those missions or entities or used by United 
     States personnel assigned to those missions or entities.

     Nothing in this paragraph shall be deemed to supersede any 
     treaty or international agreement with which this paragraph 
     conflicts. This paragraph does not apply with respect to an 
     offense committed by a person described in section 3261(a) of 
     this title.''.

     SEC. 805. MATERIAL SUPPORT FOR TERRORISM.

       (a) In General.--Section 2339A of title 18, United States 
     Code, is amended--

[[Page H6755]]

       (1) in subsection (a)--
       (A) by striking ``, within the United States,'';
       (B) by inserting ``229,'' after ``175,'';
       (C) by inserting ``1993,'' after ``1992,'';
       (D) by inserting ``, section 236 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2284),'' after ``of this title'';
       (E) by inserting ``or 60123(b)'' after ``46502''; and
       (F) by inserting at the end the following: ``A violation of 
     this section may be prosecuted in any Federal judicial 
     district in which the underlying offense was committed, or in 
     any other Federal judicial district as provided by law.''; 
     and
       (2) in subsection (b)--
       (A) by striking ``or other financial securities'' and 
     inserting ``or monetary instruments or financial 
     securities''; and
       (B) by inserting ``expert advice or assistance,'' after 
     ``training,''.
       (b) Technical Amendment.--Section 1956(c)(7)(D) of title 
     18, United States Code, is amended by inserting ``or 2339B'' 
     after ``2339A''.

     SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.

       Section 981(a)(1) of title 18, United States Code, is 
     amended by inserting at the end the following:
       ``(G) All assets, foreign or domestic--
       ``(i) of any individual, entity, or organization engaged in 
     planning or perpetrating any act of domestic or international 
     terrorism (as defined in section 2331) against the United 
     States, citizens or residents of the United States, or their 
     property, and all assets, foreign or domestic, affording any 
     person a source of influence over any such entity or 
     organization;
       ``(ii) acquired or maintained by any person for the purpose 
     of supporting, planning, conducting, or concealing an act of 
     domestic or international terrorism (as defined in section 
     2331) against the United States, citizens or residents of the 
     United States, or their property; or
       ``(iii) derived from, involved in, or used or intended to 
     be used to commit any act of domestic or international 
     terrorism (as defined in section 2331) against the United 
     States, citizens or residents of the United States, or their 
     property.''.

     SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF 
                   MATERIAL SUPPORT TO TERRORISM.

       No provision of the Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (title IX of Public Law 106-387) 
     shall be construed to limit or otherwise affect section 2339A 
     or 2339B of title 18, United States Code.

     SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.

       Section 2332b of title 18, United States Code, is amended--
       (1) in subsection (f), by inserting after ``terrorism'' the 
     following: ``and any violation of section 351(e), 844(e), 
     844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 
     2156 of this title,'' before ``and the Secretary''; and
       (2) in subsection (g)(5)(B), by striking clauses (i) 
     through (iii) and inserting the following:
       ``(i) section 32 (relating to destruction of aircraft or 
     aircraft facilities), 37 (relating to violence at 
     international airports), 81 (relating to arson within special 
     maritime and territorial jurisdiction), 175 or 175b (relating 
     to biological weapons), 229 (relating to chemical weapons), 
     subsection (a), (b), (c), or (d) of section 351 (relating to 
     congressional, cabinet, and Supreme Court assassination and 
     kidnaping), 831 (relating to nuclear materials), 842(m) or 
     (n) (relating to plastic explosives), 844(f) (2) through (3) 
     (relating to arson and bombing of Government property risking 
     or causing death), 844(i) (relating to arson and bombing of 
     property used in interstate commerce), 930(c) (relating to 
     killing or attempted killing during an attack on a Federal 
     facility with a dangerous weapon), 956(a)(1) (relating to 
     conspiracy to murder, kidnap, or maim persons abroad), 
     1030(a)(1) (relating to protection of computers), 
     1030(a)(5)(A)(i) resulting in damage as defined in 
     1030(a)(5)(B)(ii) through (v) (relating to protection of 
     computers), 1114 (relating to killing or attempted killing of 
     officers and employees of the United States), 1116 (relating 
     to murder or manslaughter of foreign officials, official 
     guests, or internationally protected persons), 1203 (relating 
     to hostage taking), 1362 (relating to destruction of 
     communication lines, stations, or systems), 1363 (relating to 
     injury to buildings or property within special maritime and 
     territorial jurisdiction of the United States), 1366(a) 
     (relating to destruction of an energy facility), 1751 (a) 
     through (d) (relating to Presidential and Presidential staff 
     assassination and kidnaping), 1992 (relating to wrecking 
     trains), 1993 (relating to terrorist attacks and other acts 
     of violence against mass transportation systems), 2155 
     (relating to destruction of national defense materials, 
     premises, or utilities), 2280 (relating to violence against 
     maritime navigation), 2281 (relating to violence against 
     maritime fixed platforms), 2332 (relating to certain 
     homicides and other violence against United States nationals 
     occurring outside of the United States), 2332a (relating to 
     use of weapons of mass destruction), 2332b (relating to acts 
     of terrorism transcending national boundaries), 2339 
     (relating to harboring terrorists), 2339A (relating to 
     providing material support to terrorists), 2339B (relating to 
     providing material support to terrorist organizations), or 
     2340A (relating to torture) of this title;
       ``(ii) section 236 (relating to sabotage of nuclear 
     facilities or fuel) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2284); or
       ``(iii) section 46502 (relating to aircraft piracy), the 
     second sentence of section 46504 (relating to assault on a 
     flight crew with a dangerous weapon), section 46505(b)(3) or 
     (c) (relating to explosive or incendiary devices, or 
     endangerment of human life by means of weapons, on aircraft), 
     section 46506 if homicide or attempted homicide is involved 
     (relating to application of certain criminal laws to acts on 
     aircraft), or section 60123(b) (relating to destruction of 
     interstate gas or hazardous liquid pipeline facility) of 
     title 49.''.

     SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM 
                   OFFENSES.

       (a) In General.--Section 3286 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 3286. Extension of statute of limitation for certain 
       terrorism offenses.

       ``(a) Eight-Year Limitation.--Notwithstanding section 3282, 
     no person shall be prosecuted, tried, or punished for any 
     noncapital offense involving a violation of any provision 
     listed in section 2332b(g)(5)(B), or a violation of section 
     112, 351(e), 1361, or 1751(e) of this title, or section 
     46504, 46505, or 46506 of title 49, unless the indictment is 
     found or the information is instituted within 8 years after 
     the offense was committed. Notwithstanding the preceding 
     sentence, offenses listed in section 3295 are subject to the 
     statute of limitations set forth in that section.
       ``(b) No Limitation.--Notwithstanding any other law, an 
     indictment may be found or an information instituted at any 
     time without limitation for any offense listed in section 
     2332b(g)(5)(B), if the commission of such offense resulted 
     in, or created a forseeable risk of, death or serious bodily 
     injury to another person.''.
       (b) Application.--The amendments made by this section shall 
     apply to the prosecution of any offense committed before, on, 
     or after the date of enactment of this section.

     SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.

       (a) Arson.--Section 81 of title 18, United States Code, is 
     amended in the second undesignated paragraph by striking 
     ``not more than twenty years'' and inserting ``for any term 
     of years or for life''.
       (b) Destruction of an Energy Facility.--Section 1366 of 
     title 18, United States Code, is amended--
       (1) in subsection (a), by striking ``ten'' and inserting 
     ``20''; and
       (2) by adding at the end the following:
       ``(d) Whoever is convicted of a violation of subsection (a) 
     or (b) that has resulted in the death of any person shall be 
     subject to imprisonment for any term of years or life.''.
       (c) Material Support to Terrorists.--Section 2339A(a) of 
     title 18, United States Code, is amended--
       (1) by striking ``10'' and inserting ``15''; and
       (2) by striking the period and inserting ``, and, if the 
     death of any person results, shall be imprisoned for any term 
     of years or for life.''.
       (d) Material Support to Designated Foreign Terrorist 
     Organizations.--Section 2339B(a)(1) of title 18, United 
     States Code, is amended--
       (1) by striking ``10'' and inserting ``15''; and
       (2) by striking the period after ``or both'' and inserting 
     ``, and, if the death of any person results, shall be 
     imprisoned for any term of years or for life.''.
       (e) Destruction of National-Defense Materials.--Section 
     2155(a) of title 18, United States Code, is amended--
       (1) by striking ``ten'' and inserting ``20''; and
       (2) by striking the period at the end and inserting ``, 
     and, if death results to any person, shall be imprisoned for 
     any term of years or for life.''.
       (f) Sabotage of Nuclear Facilities or Fuel.--Section 236 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
       (1) by striking ``ten'' each place it appears and inserting 
     ``20'';
       (2) in subsection (a), by striking the period at the end 
     and inserting ``, and, if death results to any person, shall 
     be imprisoned for any term of years or for life.''; and
       (3) in subsection (b), by striking the period at the end 
     and inserting ``, and, if death results to any person, shall 
     be imprisoned for any term of years or for life.''.
       (g) Special Aircraft Jurisdiction of the United States.--
     Section 46505(c) of title 49, United States Code, is 
     amended--
       (1) by striking ``15'' and inserting ``20''; and
       (2) by striking the period at the end and inserting ``, 
     and, if death results to any person, shall be imprisoned for 
     any term of years or for life.''.
       (h) Damaging or Destroying an Interstate Gas or Hazardous 
     Liquid Pipeline Facility.--Section 60123(b) of title 49, 
     United States Code, is amended--
       (1) by striking ``15'' and inserting ``20''; and
       (2) by striking the period at the end and inserting ``, 
     and, if death results to any person, shall be imprisoned for 
     any term of years or for life.''.

     SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.

       (a) Arson.--Section 81 of title 18, United States Code, is 
     amended in the first undesignated paragraph--
       (1) by striking ``, or attempts to set fire to or burn''; 
     and
       (2) by inserting ``or attempts or conspires to do such an 
     act,'' before ``shall be imprisoned''.
       (b) Killings in Federal Facilities.--Section 930(c) of 
     title 18, United States Code, is amended--

[[Page H6756]]

       (1) by striking ``or attempts to kill'';
       (2) by inserting ``or attempts or conspires to do such an 
     act,'' before ``shall be punished''; and
       (3) by striking ``and 1113'' and inserting ``1113, and 
     1117''.
       (c) Communications Lines, Stations, or Systems.--Section 
     1362 of title 18, United States Code, is amended in the first 
     undesignated paragraph--
       (1) by striking ``or attempts willfully or maliciously to 
     injure or destroy''; and
       (2) by inserting ``or attempts or conspires to do such an 
     act,'' before ``shall be fined''.
       (d) Buildings or Property Within Special Maritime and 
     Territorial Jurisdiction.--Section 1363 of title 18, United 
     States Code, is amended--
       (1) by striking ``or attempts to destroy or injure''; and
       (2) by inserting ``or attempts or conspires to do such an 
     act,'' before ``shall be fined'' the first place it appears.
       (e) Wrecking Trains.--Section 1992 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(c) A person who conspires to commit any offense defined 
     in this section shall be subject to the same penalties (other 
     than the penalty of death) as the penalties prescribed for 
     the offense, the commission of which was the object of the 
     conspiracy.''.
       (f) Material Support to Terrorists.--Section 2339A of title 
     18, United States Code, is amended by inserting ``or attempts 
     or conspires to do such an act,'' before ``shall be fined''.
       (g) Torture.--Section 2340A of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(c) Conspiracy.--A person who conspires to commit an 
     offense under this section shall be subject to the same 
     penalties (other than the penalty of death) as the penalties 
     prescribed for the offense, the commission of which was the 
     object of the conspiracy.''.
       (h) Sabotage of Nuclear Facilities or Fuel.--Section 236 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
       (1) in subsection (a)--
       (A) by striking ``, or who intentionally and willfully 
     attempts to destroy or cause physical damage to'';
       (B) in paragraph (4), by striking the period at the end and 
     inserting a comma; and
       (C) by inserting ``or attempts or conspires to do such an 
     act,'' before ``shall be fined''; and
       (2) in subsection (b)--
       (A) by striking ``or attempts to cause''; and
       (B) by inserting ``or attempts or conspires to do such an 
     act,'' before ``shall be fined''.
       (i) Interference with Flight Crew Members and Attendants.--
     Section 46504 of title 49, United States Code, is amended by 
     inserting ``or attempts or conspires to do such an act,'' 
     before ``shall be fined''.
       (j) Special Aircraft Jurisdiction of the United States.--
     Section 46505 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(e) Conspiracy.--If two or more persons conspire to 
     violate subsection (b) or (c), and one or more of such 
     persons do any act to effect the object of the conspiracy, 
     each of the parties to such conspiracy shall be punished as 
     provided in such subsection.''.
       (k) Damaging or Destroying an Interstate Gas or Hazardous 
     Liquid Pipeline Facility.--Section 60123(b) of title 49, 
     United States Code, is amended--
       (1) by striking ``, or attempting to damage or destroy,''; 
     and
       (2) by inserting ``, or attempting or conspiring to do such 
     an act,'' before ``shall be fined''.

     SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.

       Section 3583 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(j) Supervised Release Terms for Terrorism Predicates.--
     Notwithstanding subsection (b), the authorized term of 
     supervised release for any offense listed in section 
     2332b(g)(5)(B), the commission of which resulted in, or 
     created a foreseeable risk of, death or serious bodily injury 
     to another person, is any term of years or life.''.

     SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING 
                   ACTIVITY.

       Section 1961(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``or (F)'' and inserting ``(F)''; and
       (2) by inserting before the semicolon at the end the 
     following: ``, or (G) any act that is indictable under any 
     provision listed in section 2332b(g)(5)(B)''.

     SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.

       (a) Clarification of Protection of Protected Computers.--
     Section 1030(a)(5) of title 18, United States Code, is 
     amended--
       (1) by inserting ``(i)'' after (A)'';
       (2) by redesignating subparagraphs (B) and (C) as clauses 
     (ii) and (iii), respectively;
       (3) by adding ``and'' at the end of clause (iii), as so 
     redesignated; and
       (4) by adding at the end the following:
       ``(B) caused (or, in the case of an attempted offense, 
     would, if completed, have caused) conduct described in in 
     clause (i), (ii), or (iii) of subparagraph (A) that resulted 
     in--
       ``(i) loss to 1 or more persons during any 1-year period 
     (including loss resulting from a related course of conduct 
     affecting 1 or more other protected computers) aggregating at 
     least $5,000 in value;
       ``(ii) the modification or impairment, or potential 
     modification or impairment, of the medical examination, 
     diagnosis, treatment, or care of 1 or more individuals;
       ``(iii) physical injury to any person;
       ``(iv) a threat to public health or safety; or
       ``(v) damage affecting a computer system used by or for a 
     Government entity in furtherance of the administration of 
     justice, national defense, or national security;''.
       (b) Penalties.--Section 1030(c) of title 18, United States 
     Code is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A) --
       (i) by inserting ``except as provided in subparagraph 
     (B),'' before ``a fine'';
       (ii) by striking ``(a)(5)(C)'' and inserting 
     ``(a)(5)(A)(iii)''; and
       (iii) by striking ``and' at the end;
       (B) in subparagraph (B), by inserting ``or an attempt to 
     commit an offense punishable under this subparagraph,'' after 
     ``subsection (a)(2),'' in the matter preceding clause (i); 
     and
       (C) in subparagraph (C), by striking ``and'' at the end;
       (2) in paragraph (3)--
       (A) by striking ``, (a)(5)(A), (a)(5)(B),'' both places it 
     appears; and
       (B) by striking ``and'' at the end; and
       (3) by striking ``(a)(5)(C)'' and inserting 
     ``(a)(5)(A)(iii)''; and
       (4) by adding at the end the following new paragraphs:
       ``(4)(A) a fine under this title, imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(5)(A)(i), or an attempt to commit an offense 
     punishable under that subsection;
       ``(B) a fine under this title, imprisonment for not more 
     than 5 years, or both, in the case of an offense under 
     subsection (a)(5)(A)(ii), or an attempt to commit an offense 
     punishable under that subsection;
       ``(C) a fine under this title, imprisonment for not more 
     than 20 years, or both, in the case of an offense under 
     subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to 
     commit an offense punishable under either subsection, that 
     occurs after a conviction for another offense under this 
     section.''.
       (c) Definitions.--Subsection (e) of section 1030 of title 
     18, United States Code is amended--
       (1) in paragraph (2)(B), by inserting ``, including a 
     computer located outside the United States'' before the 
     semicolon;
       (2) in paragraph (7), by striking ``and'' at the end;
       (3) by striking paragraph (8) and inserting the following 
     new paragraph (8):
       ``(8) the term `damage' means any impairment to the 
     integrity or availability of data, a program, a system, or 
     information;'';
       (4) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (5) by adding at the end the following new paragraphs:
       ``(10) the term `conviction' shall include a conviction 
     under the law of any State for a crime punishable by 
     imprisonment for more than 1 year, an element of which is 
     unauthorized access, or exceeding authorized access, to a 
     computer;
       ``(11) the term `loss' includes any reasonable cost to any 
     victim, including the cost of responding to an offense, 
     conducting a damage assessment, and restoring the data, 
     program, system, or information to its condition prior to the 
     offense, and any revenue lost, cost incurred, or other 
     consequential damages incurred because of interruption of 
     service;
       ``(12) the term `person' means any individual, firm, 
     corporation, educational institution, financial institution, 
     governmental entity, or legal or other entity;''.
       (d) Damages in Civil Actions.--Subsection (g) of section 
     1030 of title 18, United States Code is amended--
       (1) by striking the second sentence and inserting the 
     following new sentences: ``A suit for a violation of 
     subsection (a)(5) may be brought only if the conduct involves 
     one of the factors enumerated in subsection (a)(5)(B). 
     Damages for a violation involving only conduct described in 
     subsection (a)(5)(B)(i) are limited to economic damages.''; 
     and
       (2) by adding at the end the following: ``No action may be 
     brought under this subsection for the negligent design or 
     manufacture of computer hardware, computer software, or 
     firmware.''.
       (e) Amendment of Sentencing Guidelines Relating to Certain 
     Computer Fraud and Abuse.--Pursuant to its authority under 
     section 994(p) of title 28, United States Code, the United 
     States Sentencing Commission shall amend the Federal 
     sentencing guidelines to ensure that any individual convicted 
     of a violation of section 1030 of title 18, United States 
     Code, can be subjected to appropriate penalties, without 
     regard to any mandatory minimum term of imprisonment.

     SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO 
                   PRESERVING RECORDS IN RESPONSE TO GOVERNMENT 
                   REQUESTS.

       Section 2707(e)(1) of title 18, United States Code, is 
     amended by inserting after ``or statutory authorization'' the 
     following: ``(including a request of a governmental entity 
     under section 2703(f) of this title)''.

     SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC 
                   CAPABILITIES.

       (a) In General.--The Attorney General shall establish such 
     regional computer forensic laboratories as the Attorney 
     General considers appropriate, and provide support to 
     existing computer forensic laboratories, in

[[Page H6757]]

     order that all such computer forensic laboratories have the 
     capability--
       (1) to provide forensic examinations with respect to seized 
     or intercepted computer evidence relating to criminal 
     activity (including cyberterrorism);
       (2) to provide training and education for Federal, State, 
     and local law enforcement personnel and prosecutors regarding 
     investigations, forensic analyses, and prosecutions of 
     computer-related crime (including cyberterrorism);
       (3) to assist Federal, State, and local law enforcement in 
     enforcing Federal, State, and local criminal laws relating to 
     computer-related crime;
       (4) to facilitate and promote the sharing of Federal law 
     enforcement expertise and information about the 
     investigation, analysis, and prosecution of computer-related 
     crime with State and local law enforcement personnel and 
     prosecutors, including the use of multijurisdictional task 
     forces; and
       (5) to carry out such other activities as the Attorney 
     General considers appropriate.
       (b) Authorization of Appropriations.--
       (1) Authorization.--There is hereby authorized to be 
     appropriated in each fiscal year $50,000,000 for purposes of 
     carrying out this section.
       (2) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations in paragraph (1) shall remain 
     available until expended.

                    TITLE IX--IMPROVED INTELLIGENCE

     SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL 
                   INTELLIGENCE REGARDING FOREIGN INTELLIGENCE 
                   COLLECTED UNDER FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

       Section 103(c) of the National Security Act of 1947 (50 
     U.S.C. 403-3(c)) is amended--
       (1) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (2) by inserting after paragraph (5) the following new 
     paragraph (6):
       ``(6) establish requirements and priorities for foreign 
     intelligence information to be collected under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.), and provide assistance to the Attorney General to 
     ensure that information derived from electronic surveillance 
     or physical searches under that Act is disseminated so it may 
     be used efficiently and effectively for foreign intelligence 
     purposes, except that the Director shall have no authority to 
     direct, manage, or undertake electronic surveillance or 
     physical search operations pursuant to that Act unless 
     otherwise authorized by statute or executive order;''.

     SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES 
                   WITHIN SCOPE OF FOREIGN INTELLIGENCE UNDER 
                   NATIONAL SECURITY ACT OF 1947.

       Section 3 of the National Security Act of 1947 (50 U.S.C. 
     401a) is amended--
       (1) in paragraph (2), by inserting before the period the 
     following: ``, or international terrorist activities''; and
       (2) in paragraph (3), by striking ``and activities 
     conducted'' and inserting ``, and activities conducted,''.

     SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND 
                   MAINTENANCE OF INTELLIGENCE RELATIONSHIPS TO 
                   ACQUIRE INFORMATION ON TERRORISTS AND TERRORIST 
                   ORGANIZATIONS.

       It is the sense of Congress that officers and employees of 
     the intelligence community of the Federal Government, acting 
     within the course of their official duties, should be 
     encouraged, and should make every effort, to establish and 
     maintain intelligence relationships with any person, entity, 
     or group for the purpose of engaging in lawful intelligence 
     activities, including the acquisition of information on the 
     identity, location, finances, affiliations, capabilities, 
     plans, or intentions of a terrorist or terrorist 
     organization, or information on any other person, entity, or 
     group (including a foreign government) engaged in harboring, 
     comforting, financing, aiding, or assisting a terrorist or 
     terrorist organization.

     SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS 
                   OF REPORTS ON INTELLIGENCE AND INTELLIGENCE-
                   RELATED MATTERS.

       (a) Authority To Defer.--The Secretary of Defense, Attorney 
     General, and Director of Central Intelligence each may, 
     during the effective period of this section, defer the date 
     of submittal to Congress of any covered intelligence report 
     under the jurisdiction of such official until February 1, 
     2002.
       (b) Covered Intelligence Report.--Except as provided in 
     subsection (c), for purposes of subsection (a), a covered 
     intelligence report is as follows:
       (1) Any report on intelligence or intelligence-related 
     activities of the United States Government that is required 
     to be submitted to Congress by an element of the intelligence 
     community during the effective period of this section.
       (2) Any report or other matter that is required to be 
     submitted to the Select Committee on Intelligence of the 
     Senate and Permanent Select Committee on Intelligence of the 
     House of Representatives by the Department of Defense or the 
     Department of Justice during the effective period of this 
     section.
       (c) Exception for Certain Reports.--For purposes of 
     subsection (a), any report required by section 502 or 503 of 
     the National Security Act of 1947 (50 U.S.C. 413a, 413b) is 
     not a covered intelligence report.
       (d) Notice to Congress.--Upon deferring the date of 
     submittal to Congress of a covered intelligence report under 
     subsection (a), the official deferring the date of submittal 
     of the covered intelligence report shall submit to Congress 
     notice of the deferral. Notice of deferral of a report shall 
     specify the provision of law, if any, under which the report 
     would otherwise be submitted to Congress.
       (e) Extension of Deferral.--(1) Each official specified in 
     subsection (a) may defer the date of submittal to Congress of 
     a covered intelligence report under the jurisdiction of such 
     official to a date after February 1, 2002, if such official 
     submits to the committees of Congress specified in subsection 
     (b)(2) before February 1, 2002, a certification that 
     preparation and submittal of the covered intelligence report 
     on February 1, 2002, will impede the work of officers or 
     employees who are engaged in counterterrorism activities.
       (2) A certification under paragraph (1) with respect to a 
     covered intelligence report shall specify the date on which 
     the covered intelligence report will be submitted to 
     Congress.
       (f) Effective Period.--The effective period of this section 
     is the period beginning on the date of the enactment of this 
     Act and ending on February 1, 2002.
       (g) Element of the Intelligence Community Defined.--In this 
     section, the term ``element of the intelligence community'' 
     means any element of the intelligence community specified or 
     designated under section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 401a(4)).

     SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF 
                   FOREIGN INTELLIGENCE-RELATED INFORMATION WITH 
                   RESPECT TO CRIMINAL INVESTIGATIONS.

       (a) In General.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.) is amended--
       (1) by redesignating subsection 105B as section 105C; and
       (2) by inserting after section 105A the following new 
     section 105B:


       ``disclosure of foreign intelligence acquired in criminal 
     investigations; notice of criminal investigations of foreign 
                          intelligence sources

       ``Sec. 105B. (a) Disclosure of Foreign Intelligence.--(1) 
     Except as otherwise provided by law and subject to paragraph 
     (2), the Attorney General, or the head of any other 
     department or agency of the Federal Government with law 
     enforcement responsibilities, shall expeditiously disclose to 
     the Director of Central Intelligence, pursuant to guidelines 
     developed by the Attorney General in consultation with the 
     Director, foreign intelligence acquired by an element of the 
     Department of Justice or an element of such department or 
     agency, as the case may be, in the course of a criminal 
     investigation.
       ``(2) The Attorney General by regulation and in 
     consultation with the Director of Central Intelligence may 
     provide for exceptions to the applicability of paragraph (1) 
     for one or more classes of foreign intelligence, or foreign 
     intelligence with respect to one or more targets or matters, 
     if the Attorney General determines that disclosure of such 
     foreign intelligence under that paragraph would jeopardize an 
     ongoing law enforcement investigation or impair other 
     significant law enforcement interests.
       ``(b) Procedures for Notice of Criminal Investigations.--
     Not later than 180 days after the date of enactment of this 
     section, the Attorney General, in consultation with the 
     Director of Central Intelligence, shall develop guidelines to 
     ensure that after receipt of a report from an element of the 
     intelligence community of activity of a foreign intelligence 
     source or potential foreign intelligence source that may 
     warrant investigation as criminal activity, the Attorney 
     General provides notice to the Director of Central 
     Intelligence, within a reasonable period of time, of his 
     intention to commence, or decline to commence, a criminal 
     investigation of such activity.
       ``(c) Procedures.--The Attorney General shall develop 
     procedures for the administration of this section, including 
     the disclosure of foreign intelligence by elements of the 
     Department of Justice, and elements of other departments and 
     agencies of the Federal Government, under subsection (a) and 
     the provision of notice with respect to criminal 
     investigations under subsection (b).''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act is amended by striking the item relating 
     to section 105B and inserting the following new items:

``Sec. 105B. Disclosure of foreign intelligence acquired in criminal 
              investigations; notice of criminal investigations of 
              foreign intelligence sources.
``Sec. 105C. Protection of the operational files of the National 
              Imagery and Mapping Agency.''.

     SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.

       (a) Report on Reconfiguration.--Not later than February 1, 
     2002, the Attorney General, the Director of Central 
     Intelligence, and the Secretary of the Treasury shall jointly 
     submit to Congress a report on the feasibility and 
     desirability of reconfiguring the Foreign Terrorist Asset 
     Tracking Center and the Office of Foreign Assets Control of 
     the Department of the Treasury in order to establish a 
     capability to provide for the effective and efficient 
     analysis and dissemination of foreign intelligence relating 
     to the financial capabilities and resources of international 
     terrorist organizations.
       (b) Report Requirements.--(1) In preparing the report under 
     subsection (a), the

[[Page H6758]]

     Attorney General, the Secretary, and the Director shall 
     consider whether, and to what extent, the capacities and 
     resources of the Financial Crimes Enforcement Center of the 
     Department of the Treasury may be integrated into the 
     capability contemplated by the report.
       (2) If the Attorney General, Secretary, and the Director 
     determine that it is feasible and desirable to undertake the 
     reconfiguration described in subsection (a) in order to 
     establish the capability described in that subsection, the 
     Attorney General, the Secretary, and the Director shall 
     include with the report under that subsection a detailed 
     proposal for legislation to achieve the reconfiguration.

     SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.

       (a) Report on Establishment.--(1) Not later than February 
     1, 2002, the Director of Central Intelligence shall, in 
     consultation with the Director of the Federal Bureau of 
     Investigation, submit to the appropriate committees of 
     Congress a report on the establishment and maintenance within 
     the intelligence community of an element for purposes of 
     providing timely and accurate translations of foreign 
     intelligence for all other elements of the intelligence 
     community. In the report, the element shall be referred to as 
     the ``National Virtual Translation Center''.
       (2) The report on the element described in paragraph (1) 
     shall discuss the use of state-of-the-art communications 
     technology, the integration of existing translation 
     capabilities in the intelligence community, and the 
     utilization of remote-connection capacities so as to minimize 
     the need for a central physical facility for the element.
       (b) Resources.--The report on the element required by 
     subsection (a) shall address the following:
       (1) The assignment to the element of a staff of individuals 
     possessing a broad range of linguistic and translation skills 
     appropriate for the purposes of the element.
       (2) The provision to the element of communications 
     capabilities and systems that are commensurate with the most 
     current and sophisticated communications capabilities and 
     systems available to other elements of intelligence 
     community.
       (3) The assurance, to the maximum extent practicable, that 
     the communications capabilities and systems provided to the 
     element will be compatible with communications capabilities 
     and systems utilized by the Federal Bureau of Investigation 
     in securing timely and accurate translations of foreign 
     language materials for law enforcement investigations.
       (4) The development of a communications infrastructure to 
     ensure the efficient and secure use of the translation 
     capabilities of the element.
       (c) Secure Communications.--The report shall include a 
     discussion of the creation of secure electronic 
     communications between the element described by subsection 
     (a) and the other elements of the intelligence community.
       (d) Definitions.--In this section:
       (1) Foreign intelligence.--The term ``foreign 
     intelligence'' has the meaning given that term in section 
     3(2) of the National Security Act of 1947 (50 U.S.C. 
     401a(2)).
       (2) Element of the intelligence community.--The term 
     ``element of the intelligence community'' means any element 
     of the intelligence community specified or designated under 
     section 3(4) of the National Security Act of 1947 (50 U.S.C. 
     401a(4)).

     SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING 
                   IDENTIFICATION AND USE OF FOREIGN INTELLIGENCE.

       (a) Program Required.--The Attorney General shall, in 
     consultation with the Director of Central Intelligence, carry 
     out a program to provide appropriate training to officials 
     described in subsection (b) in order to assist such officials 
     in--
       (1) identifying foreign intelligence information in the 
     course of their duties; and
       (2) utilizing foreign intelligence information in the 
     course of their duties, to the extent that the utilization of 
     such information is appropriate for such duties.
       (b) Officials.--The officials provided training under 
     subsection (a) are, at the discretion of the Attorney General 
     and the Director, the following:
       (1) Officials of the Federal Government who are not 
     ordinarily engaged in the collection, dissemination, and use 
     of foreign intelligence in the performance of their duties.
       (2) Officials of State and local governments who encounter, 
     or may encounter in the course of a terrorist event, foreign 
     intelligence in the performance of their duties.
       (c) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for the Department of Justice 
     such sums as may be necessary for purposes of carrying out 
     the program required by subsection (a).

                         TITLE X--MISCELLANEOUS

     SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE.

       The Inspector General of the Department of Justice shall 
     designate one official who shall--
       (1) review information and receive complaints alleging 
     abuses of civil rights and civil liberties by employees and 
     officials of the Department of Justice;
       (2) make public through the Internet, radio, television, 
     and newspaper advertisements information on the 
     responsibilities and functions of, and how to contact, the 
     official; and
       (3) submit to the Committee on the Judiciary of the House 
     of Representatives and the Committee on the Judiciary of the 
     Senate on a semi-annual basis a report on the implementation 
     of this subsection and detailing any abuses described in 
     paragraph (1), including a description of the use of funds 
     appropriations used to carry out this subsection.
  The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. 
Sensenbrenner) and the gentleman from Virginia (Mr. Scott) each will 
control 30 minutes of debate on the bill, as amended.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks, and to include extraneous material on H.R. 2975, the 
bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself 10 minutes.
  Mr. Speaker, on September 11, 2001, a war was started on United 
States soil. It was not a war we voluntarily entered. It was not a war 
we started. We were not given a choice. We were dragged into a war that 
day, a war on terrorism.
  Every day since September 11, we are reminded of these violent acts. 
The media reminds us daily with pictures of the missing, interviews 
with survivors, films of the many memorial services, and images of the 
massive destruction. We are constantly reminded that this is a war that 
is far from over. The rules of this war are vastly different from the 
wars that we have fought as a country in the past. We are uncertain who 
the enemy is. We are uncertain where the enemy is. We are more 
uncertain than ever before when and what the next move of the enemy 
will be.
  Because of this uncertainty, we have had to change the way that we 
think about the safety and security of our country and its people. We 
must develop new weapons for protection against this new kind of war.
  It is this new approach to safety and security that has required us 
to take action today. This bipartisan legislation will give law 
enforcement new weapons to fight this new kind of war. Terrorists have 
weapons that law enforcement cannot protect against right now. 
Technology has made extraordinary advances; but with these advances in 
the wrong hands, we are more vulnerable to attacks.
  Indeed, it cannot be denied that law enforcement tools created 
decades ago were crafted for rotary telephones, not e-mail, the 
Internet, mobile communications, and voice mail. Thus, this 
legislation, like the previous Committee on the Judiciary version and 
Senate 1510, modernizes surveillance capabilities by ensuring that pen 
register and trap and trace court orders apply to new technologies, 
such as the Internet, and can be executed in multiple jurisdictions 
anywhere in the United States.
  Criminal provisions dealing with stored electronic communications 
will be updated to allow law enforcement to seize stored voice-mail 
messages the same way they can seize a taped answering machine message. 
Additionally, under this bill, a court may authorize a pen register or 
trap/trace order that follows the person from cell phone to cell phone 
rather than requiring law enforcement to return to court every time the 
person switches cell phones. The bill, consistent with our 
constitutional system of government, still requires a judge to approve 
wiretaps, search warrants, pen registers, and trap/trace devices.
  Like the Committee on the Judiciary reported bill, this new bill 
continues to provide for nationwide service of warrants for electronic 
evidence, such as content of e-mails, and search warrants for 
terrorism. Current rules require that a search warrant be issued from 
the judicial district in which the property to be searched is located. 
The bill would change this to permit the prosecutor to go to the judge 
in the district overseeing the investigation to issue the warrant, and 
in the case for search warrants for terrorism offenses, in any district 
in which activities related to terrorism occurred. This will save 
valuable time.

[[Page H6759]]

  It is clearly within the public interest and the Federal Government's 
mandate to keep out of the United States persons who are intent on 
inciting or engaging in terrorist activities. This bill furthers that 
goal by expanding the definitions related to terrorist organizations. 
Under current law, unless otherwise specified, an alien is inadmissible 
and deportable for engaging in terrorist activities only when the alien 
has used explosives or firearms. This act eliminates that limitation so 
that any terrorist who has used any object, including a knife, a box-
cutter, or an airplane, would be inadmissable and deportable.

  Under the current regulatory regime, the INS can detain an alien for 
48 hours before making a decision as to charging the alien with a crime 
or removable offense. The INS uses this time to establish an alien's 
true identity, to check foreign and domestic databases for information 
about the alien, and to liaise with law enforcement agencies.
  This act extends that time period to 7 days so that the INS is not 
forced to release a terrorist simply because it has not had adequate 
time to do a thorough investigation.
  The substantive criminal law statutes are also toughened in order to 
treat crimes of terrorism with the same level of importance as the most 
serious crimes in our country. Some of these new provisions include no 
statutes of limitations for the most serious crimes of terrorism, 
allowing a judge to sentence a terrorist to prison for any number of 
years up to life for any offense that is defined as a ``Federal 
terrorism offense,'' and subjecting persons convicted of conspiracy to 
commit terrorism to the same penalties as those who actually commit the 
offense. Any person convicted of a terrorism offense will now be under 
supervision for as long as the court determines is necessary, including 
up to life.
  The act also expands the definition of support for terrorism for 
which a person can be prosecuted to include providing expert advice to 
terrorists and harboring or concealing a suspected terrorist.
  This new bill also continues the compromise language between current 
law and the administration's initial proposal for the showing needed 
for FISA, the Foreign Intelligence Surveillance Act, investigations 
using wiretaps. Current FISA law requires that in order to obtain a 
FISA wiretap, the Attorney General must certify that the gathering of 
foreign intelligence is the purpose or a primary purpose of the 
investigation.
  The administration draft wanted to change this to only require a 
certification that it was a purpose. This bill requires the Attorney 
General must certify that it is a significant purpose.
  Furthermore, this bill, like the Committee on the Judiciary reported 
bill, provides for roving wiretaps for FISA investigations. Currently 
under FISA, the government must identify and get a separate order for 
each phone to be tapped. This provision allows the government to make a 
showing to a court that the target is changing phones to thwart the 
tap, and to allow the court to authorize taps of any phones which the 
target may use. This provision is consistent with current criminal law.
  Importantly, the bill does not do anything to take away the freedoms 
of innocent citizens. Of course we all recognize that the fourth 
amendment to the Constitution prevents the government from conducting 
unreasonable searches and seizures, and that is why this legislation 
does not change the United States Constitution or the rights guaranteed 
to citizens of this country under the Bill of Rights.
  We should keep in mind that the Preamble to the Constitution states 
that it was ordained to establish justice, ensure domestic tranquility, 
provide for the common defense, promote the general welfare, and to 
secure the blessings of liberty.
  Well, let me say, on September 11, our common defense was penetrated, 
and America's tranquility, welfare, and liberty were ruthlessly 
attacked. I urge the Members of this body to stand united together in 
recognition of the important purpose we must serve in preventing 
terrorist attacks in the future and prosecuting those who have already 
attacked us.
  Mr. Speaker, I would like to say a little bit about the road this 
legislation has traveled on the way to the floor today. The road was 
relatively short, but certainly not without its twists and turns. Along 
the way, the legislation has been the subject of intense negotiation 
between House Republicans and Democrats, the administration, Members 
from the other body, and our leaders here in the House. After a 36 to 
nothing markup in the House Committee on the Judiciary last week and 
the introduction of a bipartisan antiterrorism bill in the other body, 
we were faced with trying to reconcile two different bipartisan bills, 
one of which garnered stronger support by the administration.
  However, our goal remains clear, to quickly come to agreement on 
legislation that will provide our law enforcement and intelligence 
officials with new tools necessary to more effectively battle terrorism 
and other crimes.

                              {time}  1430

  The bill before us now makes several changes to the bill passed by 
the other body last night, although most core provisions are very 
similar or are identical to the bill reported by the Committee on the 
Judiciary last week. Indeed, S. 1510 incorporated many of our 
committee's provisions. Most importantly, this bill preserves a sunset 
over many provisions of the bill. It is longer than the 2-year sunset 
contained in the bill passed by the Committee on the Judiciary; but, 
nonetheless, I believe it does the trick. It should keep the Department 
of Justice in line while providing Congress the opportunity to conduct 
effective oversight over the implementation and use of these new law 
enforcement authorities.
  Mr. Speaker, this has not been the ideal process, and the legislation 
before us now does not represent a perfect compromise. However, the 
work of the House Committee on the Judiciary over the past 3 weeks has 
greatly improved upon the original Justice Department proposal. I 
believe it now responsibly addresses many of the shortcomings of the 
current law and improves law enforcement's ability to prevent future 
terrorism activities and the preliminary crimes which further such 
activities while preserving the civil rights of our citizens.
  I urge my colleagues to support this bipartisan effort.
  Mr. Speaker, I reserve the balance of my time.
  The SPEAKER pro tempore (Mr. Nethercutt). Without objection, the 
gentleman from Michigan (Mr. Conyers) is recognized to control the 
time.
  There was no objection.
  Mr. CONYERS. Mr. Speaker, I am pleased to begin our discussion by 
yielding 3 minutes to the distinguished gentleman from North Carolina 
(Mr. Watt).
  Mr. WATT of North Carolina. Mr. Speaker, like every American citizen, 
the emotions that we as Members of Congress and I personally have gone 
through over the last 31 days since September 11 have spanned the whole 
course.
  As I saw the buildings crash in New York, I wondered whether the 
terrorists would prevail, only to see the firefighters and police 
officers and rescue workers spring to their work, lift their shoulders, 
observe my colleagues on the steps of the House of Representatives that 
evening singing ``God Bless America'' and raise my head and say, we 
will prevail over them.
  When I heard the Attorney General come and say we had to pass an 
antiterrorism bill in 2 days following that, I wondered whether the 
terrorists would prevail. And the admiration that I had for our 
committee chairman, the gentleman from Wisconsin, and the ranking 
member of our committee as they stood and said, we cannot do this in 
the heat of passion, we must honor the constitutional requirements, 
caused me to raise my head and say, we will prevail.
  When I saw the incidents around the country of attacks on Arabs and 
Muslim mosques, I wondered whether the terrorists would succeed. And 
with pride I saw my President spring and say, ``We cannot tolerate this 
kind of attack on our people,'' and I raised my head with pride.
  On the floor of this House, I saw Secretary Colin Powell and 
Secretary Rumsfeld come and brief us and say that we are approaching 
this methodically; and I raised my head with pride and said, we will 
prevail.
  Today, we have another test in this House to determine whether we 
will

[[Page H6760]]

stand strong in support of our constitutional rights and be able at the 
end of this debate to raise our heads with pride and not to cower to 
the terrorists and give away the constitutional rights that our 
Founding Fathers have given to us.
  This bill in my estimation goes too far in giving away those rights. 
I ask my colleagues to consider carefully the provisions of this bill 
and its implications for whether we prevail in our fight against 
terrorism.
  Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Texas (Mr. Smith).
  (Mr. SMITH of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. SMITH of Texas. Mr. Speaker, I thank the chairman of the 
Committee on the Judiciary for yielding time.
  Mr. Speaker, as chairman of the Subcommittee on Crime, I support this 
legislation.
  Security is valued, yet it is often unappreciated until taken away. 
What happened on September 11, 2001, has made us feel like we lost our 
sense of security. It doesn't have to be that way.
  We are united like never before, resolved to defeat terrorism and 
protect American lives. We seek a return to ``normal,'' although the 
word normal takes on a new meaning now. Law enforcement officials need 
all the necessary tools to confront the daunting tasks ahead. The 
administration initially offered a strong antiterrorism bill that would 
have helped bring terrorists to justice. The Attorney General asked for 
measures he believed would reduce the threat of terrorist attacks. 
Unfortunately, some in the administration disregarded the public 
mandate for increased safety and agreed to weaken the bill.
  However, the legislation does make improvements in current law.
  Intelligence Gathering--The bill expands law enforcement's ability to 
obtain wiretaps and ``trap and trace'' authority, which is a method 
used to identify the origin of a message. (This component was added 
from legislation I had previously introduced.)
  Criminal Justice--The bill expedites court proceedings and increases 
penalties related to terrorism.
  Financial Infrastructure--The bill expands the law to allow seizure 
of assets of terrorist organizations.
  Information Sharing--The bill promotes interagency cooperation so 
that data is shared among agencies and used to its fullest extent.
  Border Security--The bill authorizes additional funds to the INS for 
purposes of making improvements in technology for monitoring both the 
northern and southern borders and triples the number of Border Patrol 
personnel in each state along the northern border.
  It is critically important to implement solutions to combat the 
threats to America. This antiterrorism legislation reduces our 
vulnerability to terrorist attacks, though it should have done more.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 3 minutes to the gentleman 
from Illinois (Mr. Hyde), the distinguished chairman emeritus of the 
Committee on the Judiciary.
  Mr. HYDE. Mr. Speaker, I thank the gentleman from Wisconsin for 
yielding time; and I want, before I launch into my remarks, to 
congratulate him and the gentleman from Michigan for a thoroughly 
professional, workmanlike job in shepherding this complicated bill 
through the committee. They came out with a wonderful work product 
despite all of the difficulties and pressures and anxieties. I am very 
proud of both of them as Members of the House.
  I do support this bill, but I am disappointed that the process by 
which it came to the floor has resulted in the omission of a number of 
antiterrorism measures that are important to the Committee on 
International Relations and of personal interest to me. In saying this, 
I direct no criticism to my colleagues on the Committee on the 
Judiciary. To the contrary, throughout this process there has been 
excellent cooperation between the Committee on International Relations 
and the Committee on the Judiciary and between the gentleman from 
Wisconsin (Mr. Sensenbrenner), the gentleman from Michigan (Mr. 
Conyers), the gentleman from California (Mr. Lantos), and myself. I 
especially want to commend the gentleman from California for his 
patient efforts to work with us and for the bipartisan spirit in which 
he approached this project.
  We did not mark up this legislation within the Committee on 
International Relations, even though we had jurisdiction to do so. 
Instead, the gentleman from California and I jointly filed an amendment 
with the Committee on Rules seeking to add provisions to the bill that 
we believe would have been approved by our committee had we marked up 
the measure. Our amendment included provisions designed to improve U.S. 
monitoring of foreign terrorist organizations and of foreign countries 
that provide direct or indirect support to such organizations. 
Regrettably, the rule has not made our amendment in order.
  In addition, our committee on a bipartisan basis proposed a number of 
refinements to provisions within our jurisdiction that were requested 
by the administration. These refinements were largely technical in 
nature, relating to such matters as the vesting of foreign assets under 
the International Emergency Economic Powers Act and the sharing of U.S. 
visa information with foreign governments. But they were important to 
us, and we were pleased that the Committee on the Judiciary agreed to 
include them in their version of this bill. Regrettably, these 
refinements have also been left out of the bill now before us.
  Finally, the version of this bill that was approved by the Committee 
on the Judiciary included three amendments offered by me relating to 
money laundering, counternarcotics training in Central Asia and other 
matters. All three of these amendments were omitted from H.R. 3108.
  I know the gentleman from California joins me in saying that the bill 
before us is much weaker than it would have been had it included the 
proposals we developed. I hope to work with him to correct this through 
separate legislation that we can move quickly through the Committee on 
International Relations. I hope our colleagues on the Committee on the 
Judiciary will work with us to expedite our efforts.
  Again, I congratulate the gentleman from Wisconsin (Mr. 
Sensenbrenner), the gentleman from Michigan (Mr. Conyers), and the 
gentleman from California (Mr. Lantos).
  Mr. CONYERS. Mr. Speaker, no one has worked with more energy and 
thoughtfulness than the gentleman from Virginia (Mr. Scott) to whom I 
yield 2 minutes.
  Mr. SCOTT. Mr. Speaker, there are a lot of provisions of this bill 
that ought to cause concern. One is the wiretap provision, because we 
have changed several provisions which, taken together, represent a 
fundamental attack on principles of privacy.
  One change we made is to allow Federal investigators to share 
information from intelligence-gathering and criminal investigation. 
That is important because under foreign intelligence gathering, the 
standard is intelligence gathering. For the crime, you need probable 
cause that a crime has been committed. Since they cannot share, this 
has never been a problem. But now that we are allowing them to share 
information, you could essentially conduct a criminal investigation 
using the FISA standard.
  We also then reduced the standard under foreign intelligence wiretap. 
It used to be that it had to be the primary purpose of the wiretap. 
Under this bill, it can be a significant purpose. Obviously not the 
primary purpose. And what is the primary purpose? If it is criminal 
investigation, then you ought to have had probable cause to get the 
warrant; and if you do not have probable cause, that is not the way we 
ought to be investigating crimes.
  Third, we have this roving wiretap where you can assign the wiretap 
to the person and the wiretap follows the person. That means that 
wherever the person goes, whatever phone that the person uses, you can 
tap that phone, neighbors, pay phones, anybody else; and therefore you 
have a situation where innocent people who may also be using that phone 
will have their conversations listened in on. I will note that this is 
not limited to terrorism, and it is not even limited to criminal 
activity.
  The language in this bill needs improvement. That is why we at least 
insisted on a short sunset that has been expanded to a full 5 years. We 
need time to reconsider and draft legislation without the rush that 
this bill has been subjected to. We need to make sure that we have a 
bill that we can be proud of. The Committee on the Judiciary had a 
bill; we ought to go back to that bill. But we ought to be concerned

[[Page H6761]]

about the wiretap provisions under this legislation.
  Mr. CONYERS. Mr. Speaker, one of the most thoughtful members of our 
committee and of the Congress is the gentleman from Massachusetts (Mr. 
Frank) to whom I yield 2 minutes.
  Mr. FRANK. Mr. Speaker, we recognize that the chairman of the full 
committee tried hard to preserve some of our process; but powers 
beyond, it seem to me, his control have given us the least democratic 
process for debating questions fundamental to democracy I have ever 
seen.
  But I want to get to substance while continuing to deplore this 
outrageous and unfair procedure whereby the product that we voted on in 
committee cannot even be offered. No amendments. No amendments.
  But I want to explain what the substantive problem is. What we 
decided to do in committee, correctly, was to give to the law 
enforcement officials all the expanded powers they asked for, because 
we want to be protected. And electronic evolution requires an evolution 
in the powers. But we simultaneously tried to put into effect a full 
set of safeguards to minimize the chance that human beings, fallible 
ones, would abuse the powers.
  The problem is that the bill before us today preserves the fullness 
of the powers, but substantially weakens the safeguards against the 
misuse of the powers. The major safeguard was the sunset. Knowing that 
within 2 years they would have to come back for a renewal of these 
powers was the best way to build into the bureaucracy respect and avoid 
abuse. A 5-year sunset greatly diminishes that. They can figure, hey, 
we have got a couple of years and if we come in in the fifth year and 
we can say, Well, there weren't any problems lately, that is one thing.
  This bill may well not, in fact, be the final bill. It could go to 
conference with the Senate, which has no sunset at all and that sunset 
may recede into the sunset. We also created an Assistant Inspector 
General and called it an Assistant Inspector General for the purposes 
of trying to monitor this. That office has been downgraded.
  We are trying to do something very delicate. We are trying to empower 
law enforcement and simultaneously put constraints on them. A bill that 
gives the full powers and weakens the constraints is an inadequate 
bill.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman 
from Virginia (Mr. Goodlatte).
  Mr. GOODLATTE. Mr. Speaker, I thank the chairman for his hard work on 
this legislation, as well as the ranking member.
  If I might ask the chairman, it is my understanding from committee 
staff that the report language which was very important in the way the 
committee crafted this legislation in clarifying certain points, that 
the rule is written so that that report language will be incorporated 
into the final product that will be reported from the House.
  Mr. SENSENBRENNER. Mr. Speaker, will the gentleman yield?
  Mr. GOODLATTE. I yield to the gentleman from Wisconsin.
  Mr. SENSENBRENNER. The gentleman is correct. The report will follow 
this bill.

                              {time}  1445

  Mr. GOODLATTE. Mr. Speaker, reclaiming my time, the recent attacks on 
the World Trade Center and the Pentagon have permanently changed 
America. September 11, 2001, was the clarion call to arms in a new war 
against terrorism. Our law enforcement operatives will need new tools 
to fight this war, and Congress must respond.
  The world we live in since September 11 will require us to be more 
patient, to be more careful, and to tolerate more inconveniences. 
However, we must be careful not to trade our personal freedoms for the 
promise of security. Once we have sacrificed the civil liberties that 
our Nation was founded on, then and only then have we allowed terrorism 
to defeat us.
  I would like to commend the gentleman from Wisconsin (Chairman 
Sensenbrenner) and the other members of the committee for their 
dedication to crafting a bipartisan bill that will give law enforcement 
the tools it needs to fight a war on terrorism while still protecting 
the civil liberties of Americans.
  The bill was unanimously passed out of the Committee on the Judiciary 
and is a product of much deliberation and compromise. While not 
perfect, it achieves a difficult balance between providing law 
enforcement with the tools it needs to wage an effective war against 
terrorism and the protection of American's civil liberties.
  The version that has been brought to the floor of the House does not 
contain everything that I would like it to contain that was in the 
Committee on the Judiciary version, but it is still a strong and solid 
bill; and I commend the chairman and the ranking member for their work 
to incorporate as much of the committee's language into this final 
product as possible.
  I urge Members to support this legislation.
  The recent attacks on the World Trade Center and Pentagon have 
permanently changed America. September 11, 2001 was the clarion call to 
arms in a new war against terrorism. Our law enforcement operatives 
will need new tools to fight this war and Congress must respond.
  The world that we live in since September 11th will require us to be 
more patient, to be more careful and to tolerate more inconveniences. 
However, we must be careful not to trade our personal freedoms for the 
promise of security. Once we have sacrificed the civil liberties that 
our Nation was founded on, then and only then have we allowed terrorism 
to defeat us.
  I would like to commend Chairman Sensenbrenner and Ranking Member 
Conyers for their dedication to crafting a bipartisan bill that would 
give law enforcement the tools it needs to fight a war on terrorism 
while still protecting the civil liberties of Americans.
  The bill that was unanimously passed out of the Judiciary Committee 
is the product of much deliberation and compromise. While not perfect, 
it achieves a difficult balance between providing law enforcement with 
the tools it needs to wage an effective war against terrorism and the 
protection of American's civil liberties.
  The PATRIOT Act clarifies that orders for the installation of pen 
register and trap and trace devices apply to a broad variety of 
communications technologies, including the Internet. An issue of 
particular concern to me that was raised during the crafting of the 
Judiciary-passed bill is the clarification that these devices may not 
capture content information.
  I commend the Chairman and Ranking Member for including statutory 
language in the Judiciary bill that makes this clarification. Language 
stating that these devices may not capture the contents of any 
communication is also included in the bill that is before us today.
  Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Lofgren), a thoughtful member of our committee that has 
worked on many of the important ideas that have helped shape our 
legislative product.
  Ms. LOFGREN. Mr. Speaker, I do have concerns about the measure before 
us; but before touching on those concerns, I would like to state here 
publicly the esteem I have for the gentleman from Wisconsin (Mr. 
Sensenbrenner), the chairman of the committee, as well as the gentleman 
from Michigan (Mr. Conyers), the ranking member. They have really 
conducted themselves in the very finest manner possible, and I am proud 
to be serving in this House with the two of them.
  We worked together on the Committee on the Judiciary understanding 
that we need to do everything we can to make sure that law enforcement 
has all the tools necessary to keep our country safe, and we came out 
with a good measure. It may not be a perfect measure. But there are 
risks inherent in some of the changes we made, and most particularly 
the changes made in the area of FISA that my colleague the gentleman 
from Virginia (Mr. Scott) basically mentioned.
  We are changing the way we deal with the fourth amendment, and we 
were prepared to do that in the Committee on the Judiciary, provided 
that we had a review. We had a 2-year sunset clause on that FISA 
section. Because we are on new ground here, we may be on thin ice; and 
we wanted to make sure that we force ourselves to review that provision 
so that the freedoms of Americans are not destroyed as we fight to 
destroy the terrorists. I am very concerned that the sunset provision 
relative to FISA and the fourth amendment has not been adhered to in 
this bill, and I feel obliged to mention that.
  Also, as the gentleman from Illinois (Mr. Hyde) mentioned, we could 
have

[[Page H6762]]

had a much tougher bill. We could have given much greater authority in 
some areas, and we would have had a unanimous vote actually among the 
Committee on the Judiciary on this floor perhaps for some of those.
  So I have concerns, but I do very much honor the chairman and ranking 
member for their efforts.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman 
from Tennessee (Mr. Bryant).
  Mr. BRYANT. Mr. Speaker, I thank the chairman for yielding me time.
  As we consider today the expansion of Federal law enforcement powers, 
I am reminded that as we redefine this often-delicate balance between 
our country's national defense and individual rights, we must be very 
careful.
  I have over the years, though, become convinced that some adjustments 
are needed to our criminal law. Given the significantly greater ability 
of the criminal, particularly the terrorists, to freely operate 
worldwide, and given the advancing technology of communications, simply 
put, the laws that we have are no longer adequate for the good guys to 
keep up with the bad guys. At this time I think it is very appropriate 
that the good guys get the edge once again.
  This PATRIOT bill, H.R. 2975, I believe is a balanced approach to our 
fight against terrorism. I believe it is an appropriate response to a 
very real problem. Neither our constitutional rights nor our 
fundamental rights of privacy are dismissed. Please keep in mind we are 
not waiving in any way or voiding the Constitution today. The 
provisions of this PATRIOT bill will undoubtedly be tested and must 
withstand challenge in a court of law. I believe they will meet the 
constitutional test.
  But for now, the ability of our law enforcement to uncover and ferret 
out, particularly acts of terrorism, these abilities are enhanced with 
this bill. Clearly this is needed. The Attorney General, the chief law 
enforcement officer on the Federal level in this country, has asked for 
this bill; and I believe it should be an effective one in preventing 
more tragic events like those that occurred September 11.
  I urge my colleagues to be in support of this bill.
  I close with a statement by Thomas Paine on another September 11, 
some 224 years ago, when he said, ``Those who expect to reap the 
blessings of freedom, must, like men, undergo the fatigues of 
supporting it.''
  Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentleman from 
Idaho (Mr. Otter), whom I am inviting to speak out of order for a 
special reason.
  Mr. OTTER. Mr. Speaker, I thank the gentleman from Michigan for this 
courtesy.
  Mr. Speaker, I rise as many others have already said today to 
congratulate the chairman of the committee and the ranking member for 
the great work and the great task which they undertook. However, Mr. 
Speaker, I cannot support this effort. I do support Governor Ridge, and 
I do support Attorney General Ashcroft and the President of the United 
States. However, Mr. Speaker, I feel like this bill goes way too far.
  Some of the provisions place more power in the hands of law 
enforcement than our Founding Fathers could have ever dreamt. 
Nationwide warrants and secret courts would have been familiar to the 
Founding Fathers, Mr. Speaker, because they fought against those very 
institutions when they fought the British.
  This bill promises security, but Americans need to be secure with 
their liberties. This bill promises safety, but Americans are only safe 
if they are free.
  Mr. Speaker, others have said it more eloquently than I. Patrick 
Henry, for instance, said it when he said, ``I have but one lamp which 
guides my feet, and that is the lamp of experience. I know of no way of 
judging the future but by the past. And judging by the past, I wish to 
know what there has been in the conduct of the British ministry for the 
last ten years to justify those hopes which gentlemen now today are 
pleased to solace themselves.''
  John Stewart Mill said, ``A people may prefer a free government, but 
if from indolence, or carelessness, or cowardice, or want of public 
spirit, they are unequal to the exertions necessary for preserving it; 
if they will not fight for it when it is directly attacked; if they can 
be deluded by the artifices used to cheat them out of their liberties; 
if by momentary discouragement or temporary panic or a fit of 
enthusiasm for an idea or an individual, they can be deluded to lay 
their liberties at the feet of even a great man, or trust him with 
powers which enable them to subvert their institutions, in all these 
cases they are more or less unfit for liberty.''
  I urge my colleagues to listen to the voices of these patriots and 
reject the so-called ``PATRIOT'' Act. I support my President, I support 
law enforcement, but I also support the fundamental rights and 
liberties of the American people.
  I include the following for the Record.

            Partial List of Federal Law Enforcement Agencies

       Border Patrol.
       ATF.
       Capitol Police.
       Coast Guard.
       Customs.
       Defense Investigative Service.
       Defense Protective Service.
       DOD Police.
       Drug Enforcement Agency.
       EPA.
       FAA.
       FBI.
       Bureau of Prisons.
       FDIC Basic Inspectors.
       GSA.
       INS.
       IRS.
       U.S. Marshals.
       National Park Service.
       Naval Criminal Investigative Service.
       U.S. Park Police.
       U.S. Postal Investigators.
       U.S. Parole Office.
       U.S. Army.
       BLM.
       U.S. Fish and Wildlife Service.

  Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman 
from Florida (Mr. Keller).
  Mr. KELLER. Mr. Speaker, I rise today as a supporter and original 
cosponsor of the PATRIOT anti-terrorism bill. This is a powerful piece 
of crime-fighting legislation. It gives the FBI additional tools to go 
after terrorists. It creates criminal penalties for people who harbor 
terrorists. At the same time, it respects the civil liberties of our 
citizens.
  Some people say it is not identical to the bill that came out of the 
Committee on the Judiciary, on which I serve. It may not be identical, 
but it is a good bill. Let us not allow the perfect to be the enemy of 
the good.
  Recently, President Bush told us that we should take our family on a 
vacation to Disney World in Orlando, Florida. I have the happy 
privilege of representing Orlando. Since we have a tourism-based 
economy, my district has been uniquely hurt by the tragic acts of 
September 11. Specifically, because people have been afraid to fly, 
theme park workers, convention workers hotel workers, and cab drivers 
have lost their jobs.
  It is critical to the people in Orlando and across the country that 
we pass this anti-terrorism bill to give our citizens a sense of 
confidence and security that our skies and country are going to be 
safer. I urge my colleagues to vote ``yes'' on this bill.
  Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Waters), who is a very effective member of the 
Committee on the Judiciary and who played a big role in our original 
work product.
  Ms. WATERS. Mr. Speaker, I rise in strong opposition to this bill. 
This is a Senate bill that was voted out at 3 a.m. this morning. This 
bill is quite different than the bill passed by the House Committee on 
the Judiciary. Under the rules of the House, the Committee on the 
Judiciary's bill should have been heard on this floor and the 
differences between this bill and the House bill should have been 
worked out in a conference committee.
  Mr. Speaker, we had a bipartisan bill, and John Ashcroft destroyed 
it. The Attorney General has fired the first partisan shot since 
September 11.
  Mr. Speaker, both Democrats and Republicans worked hard to come up 
with a bipartisan bill. Attorney General John Ashcroft undermined the 
work of the Republican committee chairman, the gentleman from Wisconsin 
(Mr. Sensenbrenner), and the Democratic ranking member, the gentleman 
from Michigan (Mr. Conyers).
  Mr. Speaker, I serve on the Committee on the Judiciary. I consented 
to some policies I did not particularly

[[Page H6763]]

care for. For the good of the House I compromised. Some of the 
Republicans on that committee compromised also. We had a bipartisan 
bill.
  The bill before us today is a faulty and irresponsible piece of 
legislation that undermines our civil liberties and disregards the 
Constitution of the United States of America.
  This bill takes advantage of the trust that we have placed in this 
administration. Our law enforcement and intelligence community have all 
of the laws and all of the money that they need to do their job. Mr. 
Speaker, they failed us; and now this Attorney General is using this 
unfortunate situation to extract extraordinary powers to be used beyond 
dealing with terrorism, laws that he will place into the regular 
criminal justice system.
  The question to be answered today is can we have good intelligence 
and investigations and maintain our civil liberties? This bill says no. 
I say yes. Let us not give away our privacy. Let us not undermine our 
constitutional rights.
  The gentleman did not finish the quote by Patrick Henry. He said: 
``Give me liberty or give me death.'' I say the same today. Vote ``no'' 
on this bill.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman 
from Utah (Mr. Cannon).
  Mr. CANNON. Mr. Speaker, I rise today in support of today's version 
of the anti-terrorism legislation. It represents a significant 
improvement over both the draft administration legislation and the 
Senate version passed last night. The bill strikes an appropriate 
current balance between civil liberties and providing the Government 
with the tools needed to protect our Nation to win this war on 
terrorism.
  The process used to craft the bill could have been better, and I am 
disappointed in some aspects of the final product. In fact, we did 
better with the Committee on the Judiciary bill reported unanimously.
  I would like to thank the gentleman from Wisconsin (Chairman 
Sensenbrenner) and also the ranking member, the gentleman from Michigan 
(Mr. Conyers), who both, along with their staffs, worked very hard to 
keep key compromises in the legislation that is now before us.
  I know that the gentleman from Wisconsin (Chairman Sensenbrenner) 
fought tirelessly over the last few days to preserve our committee's 
consensus legislation, or many of the elements. Among the key elements, 
improvements which are made and preserved in today's bill, are a 5-year 
sunset for the bill's most difficult provisions; an explicit 
prohibition on capturing content information from electronic 
communications under pen register and trap-and-trace authorities; a no-
technology mandate that ensures communication providers cooperating 
with law enforcement do not have to bear needless burdens; immigration 
provisions that should prevent indefinite detention of innocent parties 
and provide relief to immigrant victims of the September 11 attack.
  However, many important changes added by the Committee on the 
Judiciary to fight terrorism and compensate victims were left on the 
cutting room floor last night. In particular, I added an amendment at 
markup to allow access to frozen assets of terrorist sponsor states for 
American victims after they obtained judgments from U.S. courts.

                              {time}  1500

  Unfortunately, today's views reflect the views of the State 
Department bureaucrats who insist on protecting the status quo, rather 
than helping the victims of state-sponsored terrorism. Justice for 
past, present, and future victims of state-sponsored terrorism may have 
to wait until another day. But this fight is not over. I intend to 
reintroduce that bill in the near future. I urge my colleagues to 
support this bill.
  Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the very vital, 
thoughtful gentlewoman from Houston, Texas (Ms. Jackson-Lee), the 
ranking member of the Subcommittee on Immigration and Claims on the 
Committee on the Judiciary.
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Mr. Speaker, let me first of all 
acknowledge the work done by the chairman of this committee, the 
gentleman from Wisconsin (Mr. Sensenbrenner), and the gentleman from 
Michigan (Mr. Conyers). A lot has been made of the fact that there are 
two, two distinct views of our Constitution and maybe some of the 
issues, and maybe some views that are very much the same, worked 
harmoniously together, which overcome obstructions and presented a bill 
to this House. If we could have presented it, that would have made 
America proud.
  I stand with the Founding Fathers, although many of us were not 
created equal at that time. But Alexander Hamilton said there were 
various considerations that warn us against an excess of confidence or 
an excess of security.
  I would like to support this bill because I believe we must bring the 
terrorists to justice, and we had a bill that all of America could 
stand proud of: one that protected the Constitution, civil liberties, 
civil rights, and the Bill of Rights. What American will stand up and 
pledge allegiance to the flag, as we did today on this floor, and yet 
stomp on civil liberties? None of us.
  The legislation we have now does not allow those who are detained to 
appeal their case to the Supreme Court. The legislation we have now 
does not answer the problem of those who come into this country 
legally, with legal visas or visas that have been waived, and yet now 
do terroristic acts.
  Legislation that I would have offered in amendment would have 
provided an enhanced tracking system so that we could find out those 
who may have come in with vocational visas or student visas or foreign 
visas, and find them where they are.
  We realize that this is a country of great diversity, and we needed 
language in this bill that says that this is not an attack on Islam, 
the Islamic faith, Muslims, or any other faith, or any other ethnic 
group. This means that we will not target people unnecessarily. A 
person from my State, a doctor, was taken all the way to New York 
because of his turban, but yet he was found innocent.
  This is a bill we can do better on, America can do better. Let us 
stand on our constitutional principles, include hate crimes language in 
this. Mr. Speaker, this Nation can do better. I am proud to be an 
American, but today I want a bill that stands for what America believes 
in.
  Today, the House will answer the recent terrorist attacks against the 
United States and the world by passing, arguably, the most sweeping 
piece of law enforcement legislation of our lifetime. While the rules 
and procedures that have let to this legislation began fair and 
balanced, the recent process in the Senate, the House Rules Committee 
and the version before us today are at best deplorable.
  Having said that, the need for anti-terrorism legislation is great. 
Indeed, Alexander Hamilton, in Federalist No. 24 noted that ``there are 
various considerations that warn us against an excess of confidence or 
security,'' not the least of which were and are today the constantly 
changing global political landscape and the fragility of our political 
ties abroad. Today, we must and will answer this warning.
  We must bring to justice the terrorists who targeted the passengers 
and crews of Flight 77, Flight 11, Flight 93, and Flight 175; those 
serving our great Nation at the Pentagon, both civilian and military, 
and the thousands of innocent civilians and rescue workers who were 
killed or injured at the World Trade Center and throughout New York 
City. These include: 4,815 people reported missing to the New York 
Police Department from the World Trade Centers, including the 157 
people on the two hijacked planes, 417 confirmed dead, and 366 bodies 
identified. In the Pentagon strike, 64 people have been confirmed dead 
on the hijacked plane and an additional 125 dead or missing. Lastly, in 
the Somerset County, Pennsylvania crash, 44 people have been confirmed 
dead. Our fallen brothers and sisters deserve the justice that each and 
every one of us in this room has the power to provide. And we will do 
it.
  Alexander Hamilton warned us in Federalist No. 25 that ``it is a 
truth, which the experience of ages has attested, that the people are 
always most in danger when the means of injuring their rights are in 
the possession of those of whom they entertain the least suspicion.'' 
Today, despite the travesty of process that has befallen many of us in 
Congress, we must heed his warning. We must do so deliberately, with 
purpose and with surgical precision. Our goal must be to identify and 
correct the precise problems that exist under our current laws which 
hinder our investigatory and prosecutoral efforts. If, however, we act 
without such due precision, we risk loosing the

[[Page H6764]]

very freedoms, liberties, and constitutional tenants that are the 
foundation of this free society and all free societies around the 
world--due process, a presumption that people are innocent until proven 
guilty, the right to defend oneself and to confront the evidence 
against oneself, and the protections of judicial review. If we loose 
sight of these simple principles, we have truly lost this war to the 
extremists who seek our demise by any means.
  The bill before us today eviscerates the work of the House Judiciary 
Committee. Most members of that Committee would agree that this bill is 
far too sweeping and offensive to the civil liberties that we enjoy in 
this country. So while I commend my colleagues in Judiciary for helping 
to omit from the House version offensive provisions such as the 
provision which would have penalized innocent spouses and children of 
inadmissible aliens; the provision which would have provided a simple 
``reason to believe'' evidentiary standard as a predicate to mandatory 
detention; and for tightening up the ``guilt by association'' section, 
I am outraged that our efforts were forsaken.
  As Ranking Member of the subcommittee on Immigration and Claims, I 
find several immigration provisions particularly offensive.
  1. Judicial Review.--Currently, the bill provides for a single 
judicial review process in the Federal District Court for the District 
of Columbia. This is unfairly burdensome, particularly to people with 
little money or resources. My amendment would have provided for such 
review in any Federal District Court.
  2. CIPRIS Program.--This program deals with acquiring information of 
exchange visitors, foreign students, and people admitteed on vocational 
visas. Currently it is a fee-based program. My amendment would have 
appropriated money for the program and would require that the program 
be implemented one year after the passage of this bill. It would have 
also required the Attorney General to share this information with the 
FBI and the State Department.

  3. Targeting (Racial Profiling).--We must study the effects of this 
bill in proliferating the deplorable process of racial profiling. To 
this end, my amendment would have amended Section 235(a)(3) of the INS 
with a new paragraph which states: The GAO shall conduct a study not 
later than 2004 to determine the extent to which immigration officers 
conducting inspections under 235 of the Immigration and Nationality Act 
are targeting individuals based on race, ethnicity and gender.
  4. Hate Crimes.--The backlash of the September 11, 2001 attacks have 
put American against American. Murders and attacks against citizens 
resembling Middle Easterners have occurred. Innocent people died 
because they looked like the Islamic extremists allegedly responsible 
for the September 11th tragedies. Now, more than ever, we need 
legislation to punish crimes motivated by hate against ethnicity, 
religion, and gender. These crimes cannot be tolerated. Under my 
amendment, a perpetrator who willfully commits a crime motivated by 
hate would have been imprisoned a minimum of 10 years or fined, or 
both; or imprisoned up to life and fined, or both, if the crime results 
in death, kidnapping, or aggravated sexual abuse, or an attempt of any 
of these crimes.
  5. Sunset Title II.--Currently Title II which deals with detention 
and removal of aliens would allow for indefinite detention in some 
circumstances. My amendment would have sunset this after a period of 
five years after enactment which would preserve the authority of the 
Attorney General under Title II. This would have also provided a safety 
net that would enable Congress to review the manner in which the 
Department of Justice carries out the awesome powers we are giving it.
  6. Information Sharing.--Currently, there is a disconnect between the 
INS and consular officers abroad. My amendment would have directed the 
Attorney General to ensure that the INS acquires the requisite 
information technology necessary to permit such consular officer to use 
such information for immigration enforcement purposes.
  These improvements in the bill would have recognized the importance 
of a fair and just legal process for all Americans and for all of our 
guests.
  These acts of terrorism targeted, not merely Americans, but rather, 
they targeted men, women, and children from around the world, killing 
hundreds from Britain, more than 130 Israelis, more than 250 from 
India, and scores of others from El Salvador, Iran, Mexico, Japan and 
elsewhere. Indeed, these were attacks against all people, and against 
all humanity. As such, the legislation and the issues before the House 
today concerns not only this great Nation's security today, but will 
have a profound effect on children, and freedom-loving people around 
the world for generations to come.
  So while many of us deplore the process that has befallen us, as 
Members of Congress, we are united and determined to give our law 
enforcement agencies the tools and resources that they need to do the 
job; so that we may preserve the freedoms and liberties of all peoples; 
so we ensure that justice is delivered swiftly, deliberately, and 
without prejudice; and so that we may work towards a world free from 
terror, bigotry, and lawlessness.
  At the Pentagon services this past Wednesday the President assured us 
all that ``[w]e will continue until justice is delivered.'' I hope that 
we may assure it by coming together once again as Members of Congress 
from both sides of the aisle and from around this great Nation.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman 
from Wisconsin (Mr. Green).
  Mr. GREEN of Wisconsin. Mr. Speaker, I thank the gentleman for 
yielding time to me.
  Let me begin by congratulating the chairman on the work product 
before us. Both he and the ranking member have done a wonderful job in 
getting us to this point today.
  Mr. Speaker, I stand today in strong support of this legislation. I 
believe that this legislation balances the need to move quickly with 
the need to move carefully.
  First, the need to move carefully. If we listen to the rhetoric from 
the other side, it sounds like we are making all these dramatic, broad 
changes in laws. In fact, what we are doing today primarily is 
modernizing our laws, helping law enforcement to deal with evolving 
technology and evolving threats.
  The good gentlewoman from California said a few moments ago that our 
law enforcement has all the tools, all the resources, and all the laws 
they need to protect us. I could not disagree more. I think September 
11 has proven to us very clearly that we need more resources and more 
tools for law enforcement and the Permanent Select Committee on 
Intelligence.
  The need to move carefully must be balanced with the need to move 
quickly. We have deployed forces. We have been threatened with a jihad. 
We are still cleaning up the debris of the World Trade Center and the 
Pentagon. We must move quickly. We must make sure that we are prepared, 
that we are safe, that this will never happen again.
  Debate is important; rhetoric is good. We should debate ideas. But 
there is also a time and place for action. Today is the time. This is 
the place for action. Let us get this done as quickly as we can now. 
Let us get this over to the Senate. Let us hope that they act quickly. 
Let us get this to the President's desk, and let us get these tools in 
the hands of law enforcement. They need it, and our citizens deserve no 
less.
  Mr. CONYERS. Mr. Speaker, I yield 2\1/2\ minutes to our esteemed 
colleague, the gentleman from New York (Mr. Nadler). When tragedy 
struck September 11, Mr. Speaker, it was in his district.
  (Mr. NADLER asked and was given permission to revise and extend his 
remarks.)
  Mr. NADLER. Mr. Speaker, last year candidate George Bush pledged to 
seek repeal of the secret courts provision of the 1996 antiterrorism 
bill because he claimed to understand that the law was passed hastily 
and that this provision at least endangered civil liberties without 
contributing to national security.
  Now the President, the same George Bush, and the leadership of this 
House is insisting that we again enact hastily, and again in the name 
of national security and antiterrorism, act so hastily as probably to 
endanger our civil liberties without necessarily helping our security.
  The bill we passed in the Committee on the Judiciary was a balanced 
bill that would have enhanced our security without endangering our 
civil liberties. Now we have a 187-page bill with a lot of provisions 
in it.
  What I am about to say I hope is accurate, but I cannot be sure, 
because we have only had time to glance quickly through this bill. We 
have not had time to properly review it, to send it out to law schools, 
to send it out to civil libertarians to get comments back so we can 
make an intelligent judgment.
  We cannot wait until Tuesday. We passed out the bill from committee 
last week. We wasted a whole week, but now we cannot wait 3 days. We 
must rush to judgment on this bill.
  Let me give three provisions of this bill that look, to a hasty 
reading, dangerous.
  Section 203 says that ``secret grand jury information can be shared 
without

[[Page H6765]]

a court order,'' upsetting all American legal tradition, ``if notice is 
given to the court within a reasonable period after the sharing.''
  But, of course, the whole point of the current law is that a court, 
not some FBI agent, should decide if secret grand jury information is 
appropriate for sharing with other agencies. Now the FBI agent decides 
it on his own and tells the court later, and the court has nothing to 
do except to say thanks for the information.
  Section 213 permits law enforcement to delay notification of search 
warrants in any criminal investigation. There may be justification for 
delaying notification of a search warrant sometimes, but in all 
criminal investigations? What does that have to do with terrorism?
  Finally, there is a provision in the bill that essentially allows the 
Attorney General, by stating he has reasonable grounds to believe that 
someone here who is not a citizen, that may be deportable, he has 7 
days to start deportation proceedings; but once he does, that person 
can stay in jail forever. He can sue under habeas corpus; but if the 
court then says, okay, you can keep him in jail, it is not reviewable 
again ever.
  So they can throw away the key and forget about him forever? Is that 
American justice, or is that the Count of Monte Cristo? We ought to 
review this bill carefully and not pass it today.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentlewoman 
from Pennsylvania (Ms. Hart).
  Ms. HART. Mr. Speaker, we have listened to a lot of comments about 
additional measures people would like to see in this antiterrorism 
initiative. I believe that further discussions on this initiative and 
ways to crack down on terrorism will be constructive. We are certainly 
most interested in making our Nation safer.
  But as a member of the Committee on the Judiciary, I believe that we 
cannot delay the bill simply because it is not everything to everyone. 
To delay the bill is to fail to move forward, to fail to move forward 
on critical reforms, including giving local, State, and Federal law 
enforcement badly needed tools to fight terrorism and protect 
Americans.
  It would be a failure to move forward on updating our wiretap and 
surveillance laws to recollect the advances in technology that have 
changed how terrorists communicate and giving them an advantage. It 
would be a failure to move forward on allowing the sharing of criminal 
information within the intelligence community, coordinating our 
resources, and making it harder for terrorists to bury their tracks in 
bureaucratic red tape. It would also prevent us from making the simple 
but critical change that makes harboring terrorists a crime.
  Mr. Speaker, failure to support this bill today is to ignore these 
critical and urgently needed changes. I commend the chairman of the 
committee, and I commend my colleagues to support them.
  Mr. CONYERS. Mr. Speaker, it is my pleasure to yield 2 minutes to the 
gentleman from Michigan (Mr. Dingell), the dean of the House.
  (Mr. DINGELL asked and was given permission to revise and extend his 
remarks.)
  Mr. DINGELL. Mr. Speaker, we are considering under a very strange 
rule a very strange process which has resulted in a bill which is quite 
different than reported by the committee.
  I wanted to commend the distinguished chairman and the distinguished 
ranking member for the superb work which they did in crafting what I 
thought was a very fine bill. Somehow last night we found ourselves 
with a bill on our hands which is quite different than that which was 
presented to the House by the committee, after very thoughtful and 
careful work leading to an overwhelming bipartisan vote.
  What we are doing today is not considering just a few simple 
questions like expenditures of money. We are dealing today with basic 
constitutional rights. Ordinarily these are matters of the highest 
importance and are considered with great care under a rule, in an open 
process, because, after all, these are the things upon which Americans 
rely for their personal security and for their understanding that their 
rights are protected.
  All of a sudden sometime, probably last night, the Attorney General 
snuck up here to have a meeting. The result is that the bill suffered 
some extraordinary changes, all of which deal with the basic, 
fundamental rights of Americans in ways very different and probably 
much more unfavorably than did the committee bill.
  This is not the way. The United States is not so threatened that we 
have to throw away our rights without careful consideration, and that 
we have to disregard the careful and thoughtful and fine work done by 
the chairman, the committee, and by my distinguished friend, the 
ranking minority member.
  I find this a distressing process, one which reflects very poorly on 
the House--and one which indicates a great distrust and dislike for the 
work of the committee, which was superb--and for the basic fundamental 
liberties of the people of the United States.
  I find it denigrating basic constitutional rights, and I find it to 
have been done in a sneaky, dishonest fashion. It reflects very poorly 
on this body.
  Mr. Speaker, I rise in strong support for increasing security along 
our northern border. I would also like to commend the Judiciary 
Committee for the language in the bill it released that triples Border 
Patrol personnel and INS inspectors along our northern border. 
Unfortunately, I do not support the tactics used by the Republican 
leadership that has substituted an entirely different bill in place of 
the bipartisan House Judiciary Committee bill.
  Since September 11th, the heightened security levels have made us 
aware how understaffed we are along our northern border. This is a 
serious problem, it is unacceptable, and must be corrected in the short 
and long term. We must make sure that land, air, and seaports are 
adequately staffed across the nation. This must include our northern 
border.
  To our INS and Customs inspectors as well as our Border Patrol, I 
would like to commend them for their tireless efforts. Their efforts 
have helped greatly during the last month. However, with current 
staffing levels we are still encountering long lines at our ports of 
entry and continuing security concerns.
  In particular, trade has been seriously stifled with our Canadian 
neighbors. For several days following September 11th, there were up to 
14 hour waits to cross between Canada and Michigan. Lines are still 
long, as waits run into the hours. While this was understandable given 
the gravity of the situation immediately after the September 11th 
attacks, it is completely unacceptable that our economy has been placed 
at risk due to insufficient numbers of border personnel. Automobile 
plants needing parts have closed, and hospitals have been understaffed 
because their employees have been unable to cross our ports of entry in 
a timely fashion. These are just some of the reasons why our border 
requires more INS and Customs inspectors. Over 82 percent of goods 
originating in Michigan are exported to Canada via truck. 70 percent of 
Canada-U.S. trade and 80% of Ontario-U.S. trade, by value, moves by 
truck. The largest portion (38 percent) of Ontario's exports by road is 
destined for Michigan. Without optimum force levels of Customs and INS 
inspectors, the State of Michigan will continue to pay greatly for the 
loss in trade attributed to long lines at our ports of entry, both to 
and from Canada. In addition, the economies of our neighboring states 
and Canada will suffer.
  I will work with other committees and appropriations that are seeking 
to secure our northern border and ensure that adequate funding is given 
to INS and Customs for optimum force levels along our northern border. 
Failure to address problems along our northern border in a 
comprehensive manner jeopardizes our security and economy. I urge my 
colleagues to act expediently in providing a remedy for the serious 
shortfall of INS and Customs officials in Michigan.
  Mr. Speaker, using the regular committee process that has served us 
so well, we can protect the nation from terrorists in a swift and 
orderly fashion. I am not sure this kind of action protects the 
peoples' basic liberties. We can protect the Constitutional rights of 
our people from the whims of the attorney general, the Republican 
Administration, and the Republican leadership of this House. A bill, 
which would have achieved overwhelming support by the Congress, has 
been cast into question by this irregular process, and basic American 
liberties are being put into question. However, despite this egregious 
breach of House procedure, these border concerns are so great that I 
support the PATRIOT Act of 2001.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Connecticut (Mr. Shays).
  Mr. SHAYS. Mr. Speaker, because I believe our country could face a 
chemical, biological, radioactive, or, heaven

[[Page H6766]]

forbid, nuclear attack by well-organized groups of fanatic terrorists, 
I rise in strong support of the PATRIOT Act. I believe this bill is 
necessary, and we have no time to waste.
  Mr. Speaker, in particular, I want to offer my praise for a section 
of this legislation designed to ensure the State Department has access 
to U.S. criminal databases before permitting aliens to enter the United 
States.
  Last year, the Government Reform Subcommittee on National Security, 
which I chair, began a series of meetings and briefings to discuss 
inter-agency data-sharing.
  On July 24th of this year, our Subcommittee held a hearing on Federal 
Interagency Data Sharing and National Security.
  That hearing taught us effective border security begins with our 
embassies, where U.S. visas are issued.
  Unfortunately, the State Department currently lacks the ability to 
access the FBI's National Criminal Information Center's Interstate 
Identification Index database.
  That means an alien can come into our country, commit a crime, leave, 
and get a reentry visa from our State Department or cross the border 
without being stopped.
  In 1996, the FBI and State Department issued a joint report 
recommending the State Department receive limited access to the NCIC-
III database so the State Department could better identify aliens with 
a criminal background in our country and prevent their entry.
  Nevertheless, for four years this report lay dormant while the 
Departments could not find a mutually agreeable way to institute their 
recommendations.
  This gap in data-sharing between Departments is no longer simply a 
matter of bureaucratic inertia, but a threat to national security.
  Mr. Speaker, protecting our borders against dispersed but deadly 
criminals and terrorists requires interagency cooperation on an 
unprecedented scale.
  This legislation is a step in the right direction. I'm pleased 
Attorney General John Ashcroft included this provision in the anti-
terrorism proposals he submitted to Congress, and I commend the 
Judiciary Committee for including it in the PATRIOT Act.
  Mr. CONYERS. Mr. Speaker, it is my privilege to yield 2 minutes to 
the gentleman from Wisconsin (Mr. Obey), the ranking member of the 
Committee on Appropriations.
  Mr. OBEY. Mr. Speaker, I have tremendous respect for the chairman of 
the Committee on the Judiciary, and I know he is trying his best; but I 
am highly distressed for one simple reason: I do not, and neither do 
most of the Members of this House, have any real idea about what is in 
this bill or what the consequences are. We know some of the rough 
outlines; we do not know the details.
  This House, under the Constitution, is essentially a political body. 
What makes it a legislative body is the committee system, because on 
the committees we have people who have built up years and years of 
expertise. The way this has become the greatest legislative body on the 
face of the Earth is because we have relied upon the expertise of 
people on the committees who spend their lives learning what they need 
to know in order to see that the House makes the right judgments.
  When the committee system is overridden, as is the case in this 
instance, and when bills instead are written by a few people in 
conjunction with House leadership, that turns a legislative body into 
nothing but a political body; and it means that in the end, virtually 
all of the decisions made are made on the basis of political power, not 
on the basis of intellectual persuasion.

                              {time}  1515

  That is a fundamental danger to a legitimate legislative body and 
certainly to the greatest legislative body in the world, it is a mortal 
blow.
  I do not know what the right vote is on this bill because I do not 
know the consequences. I do not know how much danger this bill will 
actually do to the terrorists. But I do know how much damage the way 
this bill is being considered by the House will do to this institution 
and none of that is because of any action taken by the gentleman from 
Wisconsin (Mr. Sensenbrenner).
  This House must operate on the basis of shared information and shared 
decision-making if it is to truly get through these trying days. This 
is a sorry day in the history of the House.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, none of the provisions in what we are considering today 
are new and a surprise. The base bill is the bill that was produced by 
the other body. That has been out there for over a week. There have 
been some modifications made to this bill in an attempt to avoid a 
conference. Many of the modifications were made at the request of the 
minority party in the House of Representatives.
  Now, I agree that this process is not an ideal process and this is 
not a perfect compromise, but there are a number of House provisions in 
this bill, none of which are a surprise that was written in the middle 
of the night. The bill does not violate the Constitution. It protects 
our vital fourth amendment rights; and with a clear and present danger 
facing our country, I believe it is imperative that we act 
expeditiously.
  Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. 
Barr).
  Mr. BARR of Georgia. Mr. Speaker, I thank the gentleman from 
Wisconsin (Mr. Sensenbrenner), the distinguished chairman of the 
Committee on the Judiciary, not only for yielding me time, but also for 
his very tremendous leadership on this most important of issues.
  The terrorist attacks on this Nation that occurred on September 11 
did not occur because of freedoms that we have in this country under 
our Constitution. They did not exist because our Constitution 
guarantees all of us the right to be free from unreasonable searches 
and seizures.
  The attacks that occurred on September 11 occurred because of a very 
unfortunate combination of bad luck on our part, good luck on the part 
of the terrorists, very careful planning on the part of the terrorist, 
very poor planning, perhaps, very poor execution on the part of some of 
our Federal, State, and local agencies.
  Therefore, I do not believe we ought to be in any rush to judgment to 
diminish our freedoms in the misguided conception that it is those 
freedoms that gave rise to the attacks on September 11. I commend the 
chairman of the Committee on the Judiciary and others who worked very 
hard to craft a very necessary and vitally important balance between 
giving law enforcement those narrowly crafted tools it needs and 
protecting the civil liberties, including the right to privacy, of 
American citizens.
  Is this a perfect bill? No, it is not a perfect bill, and I know the 
distinguished chairman would be the first to admit that. Is there much 
further work that needs to be done? Yes, there is much further work 
that needs to be done. I think that all of this means that it is 
absolutely imperative that we take very seriously the sunset provision 
in this bill that at least gives us an opportunity to evaluate how 
these important, momentous provisions that we are granting Federal law 
enforcement will be used.
  I also think it is important to realize that there were important 
concessions by the administration made in crafting this version of this 
bill. Am I happy with it? No, I do not think this is a happy piece of 
legislation. It is not a happy set of circumstances that brings us to 
the point where we have to consider amending our criminal laws and 
criminal procedures. But I do think on balance it is important to pass 
this piece of legislation, monitor it very carefully, and take 
seriously our responsibility to exercise the power that we are granting 
in the sunset provision.
  The SPEAKER pro tempore (Mr. Nethercutt). The gentleman from Michigan 
(Mr. Conyers) has 8\1/2\ minutes remaining. The gentleman from 
Wisconsin (Mr. Sensenbrenner) has 3\1/2\ minutes remaining.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, my colleagues and I need to do everything within our 
power to find the responsible persons and parties that have caused this 
attack on the United States and to bring them to justice and to end the 
blight of terrorism everywhere around the world. But at the same time 
we must all remember that just as this horrendous act could destroy us 
from without, it can also destroy us from within.
  Historically it has been at times of inflamed passion and national 
anger that our civil liberties have proven to be at greatest risk. The 
unpopular group of the moment happens to be subject to prejudice and 
deprivation of liberties.

[[Page H6767]]

  Alien and Sedition Acts in 1798 made it a Federal crime to criticize 
the government. At the beginning of the Civil War, Abraham Lincoln, no 
less, suspended the writ of habeas corpus citing the need to repress an 
insurrection against the laws of the United States. Ulysses Grant 
sought to expel Jews from the Southern States of this Nation. World War 
II brought about the shameful internment of Japanese Americans which 
even the Supreme Court failed to overturn. And what about the McCarthy 
era of the 1950's? Guilt by association.
  So we face a situation now that requires care. Well, certainly we 
must update our counterterrorism laws so they reflect the 21st century 
realities. But new expansion of government authorities should be 
limited to properly defined terrorist activity or threats of terrorism. 
And with increased Federal power, we must ensure accountability and 
oversight. We also need to drastically improve airport security by 
increasing training and compensation for those that are at such an 
important point in our national transportation system.
  But by forcing us to take up a bill in this manner, the 
administration unfortunately has chosen to fire the first shots of 
partisanship after September 11. One week ago, the Committee on the 
Judiciary passed a bill 36 to 0, every member of every persuasion 
supported the bill that was worked on by the chairman, myself, and all 
the members. There was good process. There was ample debate. No one was 
cut off. No amendments were prevented. And in that environment, we 
agreed to sunset the expansion in government surveillance power that 
are in this bill to 2 years. It would have given the administration not 
only the emergency powers it requested on an expedited basis, but at 
the same time allow us in Congress to revisit the issue after 2 years. 
What is wrong with that? We sunset civil rights laws. We sunset 
environmental laws. We sunset labor laws.
  Well, I can only tell my colleagues that until last night we had a 
bill that, had we brought it to the floor, would have literally passed 
almost unanimously in this Congress. I do not think anyone disputes 
that. But now what we have nobody knows. So it seems to me that we have 
to move very, very carefully.
  We have a problem. There is no provision protecting our own citizens 
from CIA wiretaps under the FISA court. There is no provision ensuring 
the government does not introduce information in a court obtained from 
illegal e-mail wiretaps. There is no provision limiting the sharing of 
sensitive law enforcement information to inappropriate personnel.
  Guess what? There are 35,000 law enforcement jurisdictions in the 
United States of America. There is no provision protecting immigrants 
from being deported for donating money to humanitarian groups that they 
did not know might be financing terrorists. Most importantly of all, we 
have lost the 2-year sunset. What are we left with? A measure that is 
in no way limited to terrorism. It is a bill that provides broad new 
wire tap authorities that might be used to minor drug offenses, to 
firearm violations to anti-trust crimes, to tax violations, to 
environmental problems, literally to every single criminal offense in 
the United States code. So for all of us that know our history, we have 
been down this road before.
  All I am saying to you is that I am going to do the best that I can 
no matter what happens here today to make sure, with the gentleman from 
Wisconsin (Chairman Sensenbrenner), that we convince our own 
administration and, yes, our own House leadership to realize that this 
is not a time to compromise the Constitution. There is no reason for us 
to sacrifice civil rights to increase security.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman 
from Florida (Mr. Deutsch).
  Mr. DEUTSCH. Mr. Speaker, I rise today in strong support of the 
legislation. Maybe I am looking at it too simply, but I think maybe 
sometimes simple can really give us clear answers.
  We are at war. We are in a war right now, and the reality is that the 
bill as it passed out of the House really did not acknowledge that. 
There was some specific provisions in the bill only dealing with 
terrorism that the bill was passed out of the Committee on the 
Judiciary did not provide for that the bill in front of us does today. 
Specifically, the bill out of the Committee on the Judiciary did not 
allow classified information to be used against terrorists in courts in 
terms of property.
  The bill, as passed out of the Committee on the Judiciary, had a 
criminal standard that specifically, and I quote, has committed or is 
about to commit a terrorist act. Not as the bill now does, a standard 
reasonable grounds to believe that a person being harbored will commit 
a terrorist act. A significant difference.
  The bill passed out of the Committee on the Judiciary had a 
limitation on a grand jury sharing information on terrorist situations.
  We have a situation today that the downside of not uncovering 
terrorists potentially really are catastrophic, nuclear, biological, or 
even nuclear catastrophes. We need to pass the legislation to provide 
the tools to prevent that from happening.
  Mr. CONYERS. Mr. Speaker, I yield 1\1/2\ minutes to the distinguished 
gentleman from Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, ``My country 'tis of thee, sweet land of 
liberty, of thee I sing; land where my fathers died, land of the 
pilgrims' pride, from every mountainside let freedom ring.'' Let 
freedom ring in the ears of those who wants to still its sound. Let 
freedom ring even as we travel through the valley of the shadow of 
terrorism, for freedom is a sweeter melody.
  The terrorists have aimed their attack on the fundamental freedoms of 
all law-abiding Americans. They have attacked our right to life, to 
liberty, to pursuit of happiness, to freedom of association, freedom of 
mobility, freedom of assembly, and freedom from fear.
  Freedom is not just 50 States. Freedom is a state of mind. Freedom is 
our National anthem here in the land of the free and the home of the 
brave.
  Let freedom ring. If freedom is under attack from outside sources, 
then let us not permit an attack from within. It is an attack on 
freedom to let government come into the home of any American to conduct 
a search, to take pictures without notification. It is an attack on 
freedom to give the government broad wiretap authority. It is an attack 
on freedom to permit a secret grand jury to share information with 
other agencies. It is an attack on freedom to create laws which can 
endanger legitimate protests.
  Tens of thousands of men and women are getting ready to journey far 
from the shores of our Nation. They are being asked to defend some of 
the very rights this legislation would take away. Patriots are those 
who, in times of crisis, do not give up their liberties for any cause.
  ``Long may our land be bright with freedom's holy light; protect us 
by thy might, great God, our King.''

                              {time}  1530

  Mr. SENSENBRENNER. Mr. Speaker, I yield the balance of my time to the 
distinguished majority leader, the gentleman from Texas (Mr. Armey), to 
wrap this up.
  The SPEAKER pro tempore (Mr. Nethercutt). The majority leader is 
recognized for 2\1/2\ minutes.
  Mr. ARMEY. Mr. Speaker, let me begin by thanking the gentleman from 
Wisconsin for yielding me this time, and let me thank the gentleman 
from Wisconsin and, indeed, the gentleman from Michigan, and all the 
members of the committee for their hard, diligent work.
  It seems like only yesterday when the horrible, frightening tragic 
incident in New York, here at our Pentagon, and in the fields of 
Pennsylvania occurred. Just a few days afterwards, this Congress rose-
up and validated, confirmed, and affirmed our President as Commander in 
Chief and said, ``We stand with you, Mr. President, with all the 
resources that you can muster. You are our Commander in Chief. Let us 
wage war on these terrorists and let us win that war.''
  Since that time, we have responded to the national emergency with as 
much as 100 billion dollars, and we did so with a measure of ease. It 
was the right thing to do. We did it, and we did it together. Now we 
take on a more difficult task: How do we make all the agencies of the 
Government, in this

[[Page H6768]]

case, with this legislation 80 agencies of the Federal Government, from 
the CIA to the border patrol, more resourceful in intervening against 
terrorists while protecting the precious rights of the American people 
for which we fight in the first place? It is a difficult job, and one 
that was handled admirably by this committee.
  I have heard a lot of complaints about this bill as we find it today. 
People say we do not know what it is. Well, we know what the base bill 
is. We have known what was in the other body for a long time. Anyone 
who cared to do so could have done as I did last night, sit and watch 
the other body pass that bill. My colleagues could have watched the 
debate as I did. They could have heard the arguments and descriptions 
as I did. They could have watched.
  I want to point out that those of us who watched, those of us who 
have a heartfelt commitment to our liberties as American citizens, 
those of us that did might have enjoyed the other gentleman from 
Wisconsin, the distinguished Senator Feingold, as he valiantly fought 
for those committed to the liberties of the American people by 
repeatedly offering on the floor of the other body last night many of 
the provisions that this bill adds to that base bill. And, Mr. Speaker, 
it broke my heart to watch the distinguished gentleman from South 
Dakota, the Democratic Senate majority leader, move to table each of 
Senator Feingold's dearly protective amendments.


                             Point of Order

  Mr. OBEY. Point of order, Mr. Speaker.
  The SPEAKER pro tempore. The gentleman will suspend.
  The gentleman from Texas (Mr. Armey) will refrain from characterizing 
the actions of Senators.
  Mr. OBEY. I thank the Chair.
  The SPEAKER pro tempore. The gentleman may proceed.
  Mr. ARMEY. Each and every one of those efforts was tabled in the 
other body. And this committee worked with the White House to restore 
those protections to the base bill so that we can achieve a proper 
balance, a balance that gives the resources to the agencies of this 
government to protect the American people while at the same time 
protects us from any trespass against our liberties.
  Mr. Speaker, I should point out the controversy that surrounds the 
sunset clause. I was there when the Democrat minority from the 
committee presented to the chairman of the committee their five 
requests for the final revisions of this effort; and I was there when 
we saw that the exact sunset language in this bill was proposed to the 
chairman just yesterday by the minority on that committee. It is good 
sunset language. It is necessary sunset language. It gives our agencies 
an opportunity to use these tools of investigation and surveillance, 
and us the opportunity to fulfill our responsibility to oversee that 
activity, to review it, and to choose to reauthorize or not. I am proud 
of that language, and I am proud of the minority for offering it.
  Bottom line is this, Mr. Speaker: as we started this effort, we knew 
something from historical experience. The world is replete with stories 
of strong governments who have maintained their own security by 
trespassing against the rights of even their own people. Strong 
governments can make themselves secure. We have seen that too many 
times. But we have known, the committee has known, this Congress knows 
and the White House knows that a good government makes the people 
secure while preserving their freedom. And that is what this bill is. 
That is why we should not only vote for it, but we should thank our 
lucky stars we are in a democracy where we have that right.
  Mr. PAUL. Mr. Speaker, the shocking attacks on the World Trade Center 
and the Pentagon have reminded us all that the primary responsibility 
of the federal government is to protect the security and liberty of our 
nation's citizens. Therefore, we must do what we can to enhance the 
ability of law enforcement to prevent future terrorist attacks. For 
example, the federal government can allow enhanced data-sharing among 
federal agencies that deal with terrorism. The federal government 
should also forbid residents of countries which sponsor terrorism from 
receiving student visas as well as prohibit residents of terrorist 
countries from participating in programs which provide special 
privileges to immigrants. In fact, I have introduced my own anti-
terrorism legislation, the Securing American Families Effectively 
(SAFE) Act, which strengthens the ability of law enforcement to track 
down and prosecute suspected terrorists as well as keep potential 
terrorists out of the country.
  There is also much the federal government can do under current 
existing law to fight terrorism. The combined annual budgets of the 
FBI, the CIA and various other security programs amount to over $30 
billion. Perhaps Congress should consider redirecting some of the money 
spent by intelligence agencies on matters of lower priority to 
counterrorism efforts. Since the tragic attacks, our officials have 
located and arrested hundreds of suspects, frozen millions of dollars 
of assets, and received authority to launch a military attack against 
the ring leaders in Afghanistan. It seems the war against terrorism has 
so far been carried our satisfactorily under current law.
  Still, there are areas where our laws could be strengthened with no 
loss of liberties, and I am pleased that HR 3108 appears to contain 
many common sense provisions designed to strengthen the government's 
ability to prevent terrorist attacks while preserving constitutional 
liberty.
  However, other provisions of this bill represent a major infringement 
of the American people's constitutional rights. I am afraid that if 
these provisions are signed into law, the American people will lose 
large parts of their liberty--maybe not today but over time, as 
agencies grow more comfortable exercising their new powers. My concerns 
are exacerbated by the fact that HR 3108 lacks many of the protections 
of civil liberties which the House Judiciary Committee worked to put 
into the version of the bill they considered. In fact, the process 
under which we are asked to consider this bill makes it nearly 
impossible to fulfill our constitutional responsibility to carefully 
consider measures which dramatically increase government's power.
  Many of the most constitutionally offensive measures in this bill are 
not limited to terrorist offenses, but apply to any criminal activity. 
In fact, some of the new police powers granted the government could be 
applied even to those engaging in peaceful protest against government 
policies. The bill as written defines terrorism as acts intended ``to 
influence the policy of a government by intimidation or coercion.'' 
Under this broad definition, should a scuffle occur at an otherwise 
peaceful pro-life demonstration the sponsoring organization may become 
the target of a federal investigation for terrorism. We have seen 
abuses of law enforcement authority in the past to harass individuals 
or organizations with unpopular political views. I hope my colleagues 
consider that they may be handing a future administration tools to 
investigate pro-life or gun rights organizations on the grounds that 
fringe members of their movements advocate violence. It is an 
unfortunate reality that almost every political movement today, from 
gun rights to environmentalism, has a violent fringe.
  I am very disturbed by the provisions centralizing the power to issue 
writs of habeas corpus to federal courts located in the District of 
Columbia. Habeas corpus is one of the most powerful checks on 
government and anything which burdens the ability to exercise this 
right expands the potential for government abuses of liberty. I ask my 
colleagues to remember that in the centuries of experience with habeas 
corpus there is no evidence that it interferes with legitimate 
interests of law enforcement. HR 3108 also codifies one of the most 
common abuses of civil liberties in recent years by expanding the 
government's ability to seize property from citizens who have not yet 
been convicted of a crime under the circumvention of the Bill of Rights 
known as ``asset forfeiture.''
  Among other disturbing proposals, H.R. 3108 grants the President the 
authority to seize all the property of any foreign national that the 
President determines is involved in hostilities against the United 
States. Giving the executive branch discretionary authority to seize 
private property without due process violates the spirit, if not the 
letter, of the fifth amendment to the Constitution. Furthermore, given 
that one of the (unspoken) reasons behind the shameful internment of 
Americans of Japanese ancestry in the 1940s was to reward favored 
interests with property forcibly taken from innocent landowners, how 
confident are we that future, less scrupulous executives will refrain 
from using this power to reward political allies with the property of 
alleged ``hostile nationals?''
  H.R. 3108 waters down the fourth amendment by expanding the federal 
governments ability to use wiretaps free of judicial oversight. The 
fourth amendment's requirement of a search warrant and probable cause 
strikes a balance between effective law enforcement and civil 
liberties. Any attempt to water down the warrant requirement threatens 
innocent citizens with a loss of their liberty. This is particularly 
true of provisions which allow for nationwide issuance of search 
warrants, as

[[Page H6769]]

these severely restrict judicial oversight of government wiretaps and 
searches.
  Many of the questionable provisions in this bill, such as the 
expanded pen register authority and the expanded use of roving 
wiretaps, are items for which law enforcement has been lobbying for 
years. The utility of these items in catching terrorists is 
questionable to say the least. After all, terrorists have demonstrated 
they are smart enough not to reveal information about their plans when 
they know federal agents could be listening.
  This legislation is also objectionable because it adopts a lower 
standard than probable cause for receiving e-mails and Internet 
communications. While it is claimed that this is the same standard used 
to discover numbers dialed by a phone, it is also true that even the 
headings on e-mails or the names of web sites one visits can reveal 
greater amounts of personal information than can a mere telephone 
number. I wonder how my colleagues would feel if all of their e-mail 
headings and the names of the web sites they visited were available to 
law enforcement upon a showing of mere ``relevance.'' I also doubt the 
relevance of this provision to terrorist investigation, as it seems 
unlikely that terrorists would rely on e-mail or the Internet to 
communicate among themselves.
  Some defenders of individuals rights may point to the provisions 
establishing new penalties for violations of individual rights and the 
provisions ``sunsetting'' some of the government's new powers as 
justifying support for this bill. Those who feel that simply increasing 
the penalties for ``unauthorized'' disclosure of information collected 
under this act should consider that existing laws did not stop the 
ineffectiveness of such laws in preventing the abuse of personal 
information collected by the IRS or FBI by administrations of both 
parties. As for ``sunsetting,'' I would ask if these provisions are 
critical tools in the fight against terrorism, why remove the 
government's ability to use them after five years? Conversely, if these 
provisions violate American's constitutional rights why is it 
acceptable to suspend the Constitution at all?

  As Jeffery Rosen pointed out in the New Republic, this proposal makes 
even the most innocuous form of computer hacking a federal offense but 
does not even grant special emergency powers to perform searches in 
cases where police have reason to believe that a terrorist attack would 
be imminent. Thus, if this bill were law on April 24, 1995 and the FBI 
had information that someone in a yellow Ryder Truck was going to be 
involved in a terrorist attack, the government could not conduct an 
emergency search of all yellow Ryder Trucks in Oklahoma City. This 
failure to address so obvious a need in the anti-terrorism effort 
suggests this bill is a more hastily cobbled together wish list by the 
federal bureauracy than a serious attempt to grant law enforcement the 
actual tools needed to combat terrorism.
  H.R. 3108 may actually reduce security as private cities may not take 
necessary measures to protect their safety because ``the government is 
taking care of our security.'' In a free market, private owners have 
great incentives to protect their private property and the lives of 
their customers. That is why industrial plants in the United States 
enjoy reasonably good security. They are protected not by the local 
police but by owners putting up barbed wire fences, hiring guards with 
guns, and requiring identification cards to enter. All this, without 
any violation of anyone's civil liberties. In a free society private 
owners have a right, if not an obligation, to ``profile'' if it 
enhances security.
  The reason this provision did not work in the case of the airlines is 
because the airlines followed federal regulations and assumed they were 
sufficient. This is often the case when the government assumes new 
powers or imposes new regulations. Therefore, in the future, once the 
horror of the events of September 11 fade from memory, people will 
relax their guard, figuring that the federal government is using its 
new powers to protect them and thus they do not need to invest their 
own time or money in security measures.
  In conclusion, I reiterate my commitment to effective ways of 
enhancing the government's powers to combat terrorism. However, H.R. 
3108 sacrifices too many of our constitutional liberties and will not 
even effectively address the terrorist menace. I, therefore, urge my 
colleagues to oppose this bill and instead support reasonable common-
sense measures that are aimed at terrorism such as those contained in 
my SAFE Act.
  Mr. BENTSEN. Mr. Speaker, I rise in support of H.R. 2975, which seeks 
to provide new tools to identify, pursue and punish suspected terrorist 
and strengthen our sustained campaign against terrorism. Just over a 
month ago, our country experienced terrorist attacks that resulted in 
an unfathomable human loss. Since that time, Congress and the 
Administration have led the nation in a unified battle against 
terrorism. Today, we are poised to confer new emergency authority to 
the Attorney General for a specific purpose--to fight the scourge of 
terrorism--and definite period, a maximum of five years.
  I am, however, disappointed that this legislation fails to adequately 
address the lifeblood of terrorism, money. Absent from this measure is 
legislation language to interfere with terrorist money laundering 
activities. I am hopeful that H.R. 3004, the Financial Anti-Terrorism 
Act of 2001, which I cosponsored, will get the full attention of the 
House in the coming days.
  Today's seamless financial marketplace, born out of the globalization 
of the late Twentieth Century, has fostered an unprecedented era of 
economic opportunity for terrorists like Osama bin Laden and the vast 
networks of evil they finance. In one month the United States has 
frozen nearly $4 million in assets belonging to the Taliban, Osama bin 
Laden and the al Qaeda network. Congress must continue to close the 
loopholes that allow the enemies of freedom to finance attacks on 
America. To date, our allies have frozen more than $24 million since 
September 11th. We are making great headway, but we are not there yet. 
New anti-money laundering tools are critical to this continued effort.
  With respect to H.R. 2975, I am pleased that this measure enhances 
our wiretapping laws to reflect today's communication reality. Under 
this measure, wiretap authority for suspects using communication 
devices such as the Internet and cell phones would be streamlined so 
that law enforcement could obtain a subpoena from one jurisdiction. I 
am also pleased that this measure makes aliens who endorse terrorist 
activity or suspected money launderers inadmissible and deportable. 
Today, we know that one of our greatest strengths, our open society, 
may have made us particularly susceptible to this brand of terrorism. 
While we must not allow fear to force us to change the inherent nature 
of our society--we must do what is reasonable to insure that potential 
terrorist operatives are not able to plot their herinous schemes within 
our borders.
  Mr. Speaker, I stand with my colleagues on both sides of the aisle in 
my determination to provide law enforcement authorities with the 
necessary tools to investigate terrorism and protect against future 
attacks. Accordingly, I call upon my colleagues to join me in approving 
this important legislation at this time of national crisis which 
balances the need to expand the laws governing intelligence and law 
enforcement activities while safeguarding our dearly held 
constitutional rights and way of life.
  Mr. SERRANO. Mr. Speaker, I rise in opposition to H.R. 2975, the 
Patriot Act of 2001, in its revised form. It is vitally important to 
give law enforcement the tools necessary to investigate and prevent 
further terrorist acts against American targets and to root out any 
person responsible for the dreadful acts of September 11. But it is at 
least as important to preserve the basic liberties that are ours under 
the Constitution of the United States.
  I was reluctantly prepared to support the Judiciary Committee-
reported version of H.R. 2975, because it was very carefully crafted on 
a bipartisan basis to address concerns expressed by Members across the 
political spectrum about the threat to our freedoms from too much 
expansion of law enforcement powers. Even the reported bill raised 
concerns, particularly about non-terrorist activities that might be 
swept up in the definition of terrorism, but I was somewhat reassured 
by the unanimous Judiciary Committee vote to report the bill.
  But now we are presented with a new bill, a mix of Senate and House 
provisions, that became available for review at 8:00 this morning. An 
initial look at it reveals troubling provisions that expand 
government's power to invade our privacy, imprison people without due 
process, and punish dissent. The fact that some expansions of these 
powers may be used in any criminal investigation, not just an 
investigation of terrorism, particularly seems like overreaching.
  I don't see why regular order had to be abandoned in this case. The 
Committee had reported a bill, the House was prepared to work its will 
on it today, and a final version could be crafted in conference. 
Instead, the Republican leadership basically hijacked the process, 
moving the negotiating position the House will take to conference 
toward the Senate's. This inevitably skews the conference results 
toward more police powers and less protection of our Constitutional 
rights and liberties. The procedural complaint may sound ``inside-the-
Beltway'', but it has important effects on the final result.
  Mr. Speaker, I support refining law enforcement powers to reflect the 
modern world and equipping law enforcement personnel to fight terrorism 
and bring terrorists to justice. But I most emphatically do not support 
erosion of our most basic rights to privacy and freedom from government 
scrutiny, and I cannot support this bill.
  Mrs. CHRISTENSEN. Mr. Speaker, I know this may sound unduly strong, 
but today we will react to one day of infamy with another if we pass 
H.R. 3108.

[[Page H6770]]

  I remember hearing someone say shortly after September 11th in 
response to something I cannot remember now, that the first casualty of 
this war must not be the U.S. Constitution.
  Well it wasn't the first, but if this bill is passed, it will perhaps 
be the most devastating one, certainly the most far-reaching one, one 
that will not honor those whose lives were lost in the terrorist 
attack, and one that all of us in this body--those who voted for it and 
those who did not--will rue to our dying day.
  This will be the crowning glory and the golden key of all of the most 
extreme radical conservatives in this country. With the right to 
wiretap, with the right to hold without due process, with the right to 
even punish dissent, the very worst of infringements on the civil 
liberties that we have worked so hard to extend to all and protect and 
preserve, will reign, and threaten not just the terrorists, but all 
Americans.
  When I think of all our forefathers fought for to create this 
independent Nation, with freedom and justice for all; when I think of 
the struggle to end slavery, to win the right to vote and to ensure 
that all Americans fully participate in this society, and all the lives 
that were given in these efforts, it makes me sick to think that today 
we might pass this travesty of justice and freedom and fairness, and in 
doing so undermine the government of checks and balances that they in 
their wisdom constructed, relinquish our responsibilities in this body, 
and dishonor their memory and their legacy.
  Although neither I or most of our members have had an opportunity to 
fully review the legislation, it appears clear that most of the 
provisions of this act are un-necessary to accomplish the goals of 
ferreting out terrorists and their abettors. In other instances they go 
too far or continue long after they would be reasonably needed under 
the very worst of circumstances.
  At the very least we need to apply the restraint of time and 
opportunity for full review, as well as make possible the opportunity 
to amend and thus fix the more egregious parts before a vote is taken 
on a measure such as this, which will change the culture of our society 
in terrible ways, and give those who wanted to destroy not only our 
prosperity but our freedom, the victory in the end.
  I urge all of my colleagues to vote H.R. 3108, the leadership bill 
down, and protect the freedoms that make America, America.
  Mr. GILMAN. Mr. Speaker, today we have been debating an important 
bill. Our deliberations this afternoon will provide modernized 
surveillance capabilities aimed at capturing terrorists which will 
ensure that new technology can be executed in multiple jurisdictions 
anywhere in the United States.
  The Patriot Act will expand the definitions related to terrorist 
organizations; provide the seamless flow of information between law 
enforcement and intelligence agencies; strengthen our northern border 
by tripling the number of Border patrol personnel in each state along 
this border; and most importantly will permit the courts to issue a 
generic order, which will still identify a target, yet permit the court 
order to be presented to a carrier, landlord or custodian and allow 
that the surveillance may be undertaken as soon as technically feasible 
on any new location.
  There has been extensive discussion on the floor with regard to these 
new surveillance provisions by those fearing the abdication of our 
civil rights protections with the passage of this Act.
  While, I am confident that nobody in this chamber is interested in 
either deteriorating our civil rights or failing to provide our nation 
with the necessary law enforcement and intelligence tools to defeat 
terrorism, I believe it is important to bear in mind the times in which 
we currently find ourselves.
  A month and one day ago, we were barbarically and cowardly attacked 
by terrorists. Nearly six thousand lives were lost--more than in the 
attack on Pearl Harbor. Our economy has been adversely affected, and 
our constituents are demanding that we provide protection against any 
further terrorist assaults. While, we did not ask for the war we now 
find ourselves involved in it is our duty as Members of Congress to 
provide the necessary tools and laws necessary to defeat those who wish 
to harm America.
  Mr. Speaker, we learned during Vietnam that we cannot fight and 
expect to win a war when we fail to provide our military with the 
resources necessary for victory. Let us not make that same mistake 
twice and fail to provide the tools necessary to win this war--our war 
against terrorism.
  We can and will continue to protect our civil liberties by providing 
constant oversight over these initiatives. After all it is our 
responsibility in the Congress to provide such oversight and to insure 
that our government not overstep its bounds. I am confident that we 
will not fail in this regard.
  Accordingly, I rise in full support of the Patriot Act and I urge all 
of my colleagues to support this important legislation.
  Mr. OXLEY. Mr. Speaker, I am pleased that this Congress is going to 
give our law enforcement and intelligence communities the tools they 
desperately need to track down terrorists and prevent another murderous 
attack on our people.
  September 11th ushered in a new era in American history. We are 
vulnerable here at home, not just to the fanatics who hijacked those 
planes, but to other terrorists who have access to biological, 
chemical, and maybe even nuclear weapons. This threat will not end in 2 
years, 5 years, or 10 years.
  The provisions in this bill will help to put the FBI and CIA on a 
more equal footing with terrorists who are using electronic 
communications to plot with impunity. I have long warned that our 
wiretap laws have not kept pace with advances in technology. Law 
enforcement needs to be able to monitor cell phone calls and electronic 
communications, just as it has been able to listen in on old-style 
rotary phones.
  Simply put, if we can't hear what terrorists are saying, we can't 
stop them.
  Under the sunset language in this bill, these new authorities could 
expire in as little as 3 years and possibly in 5 years. Establishing 
that ``sunset'' date is a mistake. It sends an unintended message that 
our resolve is fleeting. It also tells a law enforcement community 
working around the clock that their power to protect us is provisional. 
And it suggests to the American people that in a few years, we might 
let down our guard.
  We will not give our Armed Forces anything less than our full support 
in this war. Intelligence gathering is going to be every bit as 
important to this campaign as our military.
  Surveillance is restrained by a body of agency rules, judicial 
approval, and congressional approval. As a former FBI agent, I applied 
for wiretap orders. They are not easy to get. The electronic 
surveillance provisions in the bill are constitutional and achieve the 
proper balance with our constitutional rights. I happen to think that 
safety and security during uncertain times is a most important civil 
liberty.
  Through the actions we take, Congress must show that the U.S. will 
stay the course with the war on terrorism for the long haul. I hope 
that our law enforcement community will be able to deal with the 
inconsistency that the sunset poses, and use these common sense 
authorities to protect us from the terrorists who we have already been 
warned may be poised to strike again.
  Mr. BOYD. Mr. Speaker, I rise today in support of H.R. 3108, the 
Uniting and Strengthening America Act. Since the attacks that 
devastated our Nation on September 11th, Congress has been working in a 
bipartisan fashion to develop the solutions to combating terrorism. I 
believe this bill provides the necessary solutions to one of the 
greatest challenges our country has ever faced. Congress and the 
President must work together to ensure that the necessary steps are 
taken in order to prevent terrorism from occurring on American soil and 
victimizing American citizens ever again. Providing federal law 
enforcement officials with the tools to fight the war on American is 
not only our civic responsibility, but our responsibility as American 
citizens. While expanding these powers, we must be mindful of 
protecting the civil liberties that every American enjoys, because 
these are the very freedoms that make this country great and for which 
scores of our forefathers have fought. This bill strikes the delicate 
balance between the two vital points of expanding power and protecting 
civil liberty.
  It is important to update current laws to reflect the technological 
changes the 21st century has brought about, including new methods of 
communication. Federal law enforcement officials must have the capacity 
to monitor terrorists who utilize relatively new technology to plan 
attacks on Americans throughout the world. These provisions are 
essential to ensuring victory in our war against terrorism. Additional 
items included in this bill expand law enforcement power through new 
types of electronic surveillance, increased foreign intelligence 
gathering, and immigration reforms that will keep us a step ahead of 
any potential act of terrorism against Americans. It is also important 
to note there are provisions in the bill to ensure our civil liberties 
are protected. Among these is the mandatory sunset of the intelligence 
gathering provisions after five years. This allows Congress to evaluate 
whether the new powers given to justice officials have been successful 
and have respected the civil rights of each and every American citizen.
  Again, Mr. Speaker, I rise in support of the Uniting and 
Strengthening America Act and urge that this legislation be adopted.
  Mr. LANGEVIN. Mr. Speaker, I rise in opposition to this rule and in 
opposition to the clandestine way in which what was once a strong 
bipartisan package was changed and rushed to the floor with no 
consultation with this side of the aisle.

[[Page H6771]]

  While I understand the difficult task of crafting legislation while 
the nation is still recovering from and investigating the terrorist 
attacks of September 11th, I am disappointed with the extremely limited 
choice placed before me. I want to provide our law enforcement with the 
tools they need to stop terrorism. I want to support this bill, but few 
of us even know what is in it since the Judiciary Committee never 
considered it.
  In the aftermath of the attacks, we must strengthen our ability to 
find and punish those connected with these tragic events, and enhance 
our preparedness to prevent similar tragedies in the future. However, 
we must meet the critical counter-terrorism need of federal law 
enforcement and intelligence agencies without compromising the civil 
liberties of our citizens in the process. I have strong concerns about 
the bill we are considering today because I cannot be guaranteed it 
strikes this crucial balance.
  I urge my colleagues to vote against the rule so we all can be 
assured this goal is met by bringing the original measure which was 
unanimously approved the Judiciary Committee, to the floor instead.
  Ms. KILPATRICK. Mr. Speaker, today I rise in opposition to the rule 
and the antiterrorism bill we are considering today.
  While the current circumstances require expedited action, we must 
also be deliberate and circumspect in our action. I know these aims run 
counter to one another, but at this juncture in our history it is 
critical that we think before we act. The attacks on our nation have 
changed us forever causing strong demands for action to improve our 
security. Our response to terrorism, however, must not thwart the very 
democratic values that this nation was founded upon.
  Any legislative action we take must ensure that our traditions of 
civil liberty continue to stand strong--anything less would serve the 
goals of those who attacked us.
  Unfortunately, we are now poised to consider a measure that grants 
our federal government broad sweeping powers to investigate not only 
terrorism, but all crimes. We are now poised to consider legislation 
that may jeopardize the civil liberties that we hold dear. Today we are 
forced by the White House and a few people in the House and Senate to 
circumvent a process that produced legislation that could truly be 
called bipartisan. The Republicans and the Democrats on the Judiciary 
Committee joined together to create a measure that received the 
unanimous support of the Committee. I commend Chairman Sensenbrenner 
and Ranking Member Conyers for their good work. The White House and the 
Republican leadership of the House, however, hijacked the Committee's 
work--forcing us to vote on this one hundred and eighty page bill with 
only a few short hours to review it.
  There are thorny issues in the measure before us.
  The House Judiciary Committee's counter-terrorism bill included a 
provision that sunsets these extraordinary increases in Government 
power in two years, ensuring that the House would be forced to review 
these measures at that time. This compromise was reached despite the 
fact that the White House and the Justice Department wanted the measure 
to be enacted for an indefinite amount of time.
  The bill before us today, however, allows the measure to be revisited 
in three years. At that time, however, it is within the sole discretion 
of the President to decide whether or not to extend these measures for 
another two years. This is dangerous. This measure gives this 
administration nearly unbridled power to pursue terrorism and other 
crime. Yes, we need to address the ability of government to pursue 
terrorists. However, Congress should be able to change this measure if 
the current terrorist threat subsides. Congress should be the body 
revisiting this measure in two or three years. Congress should not 
delegate its constitutional duty to oversee the activity of the 
Executive Branch.
  While I firmly support added measures to fight terrorism, we should 
not move in the direction of past mistakes. Fortunately we successfully 
removed provisions giving the administration the ability to detain 
suspect non-citizens for indefinite amounts of time. Unlimited 
detention is unacceptable. There must be thorough judicial review in a 
specified period of time. We must not repeat the mistakes of our past. 
We must not revert to the age of McCarthyism when accusation and 
innuendo operated with the force of law. I am concerned that those who 
support today's process and the measure before us today have not 
learned the lessons of history well enough.
  I understand that the events of September 11 have necessitated 
heightened measures to ensure the security of our citizens. However, I 
hope these heightened measures do not distort our records on the issue 
of civil liberties. I am particularly concerned about those who suggest 
that our current situation justifies the practice of racial profiling 
or search and seizure procedures without clear standards that are 
subject to thorough review of our nation's judges. As an African 
American, I know all too well the ills of racial profiling. The 
President has proclaimed that our war on terrorism is not a war on 
Islam. He has proclaimed that our nation takes pride in its diversity, 
which is strengthened by our brothers and sisters of the Islamic faith. 
I suggest that if our policy is to focus our heightened investigative 
efforts solely on those who look Middle Eastern, or foreign, then we 
dishonor the President's noble proclamations. In this time of need we 
should focus our attention on all potential terrorists, including those 
who attack this country in the name of Christianity. Our outcry and 
efforts against foreign terrorism should be just as zealous against 
domestic terrorism. Our outcry against the Osama bin Ladens of the 
world should be just as strong against the Timothy McVeighs. Both seek 
to use terror and confusion to accomplish their warped political goals. 
By a truly comprehensive and objective attack on terrorism we lend 
credibility to our current war on terrorism and shine forth the light 
of freedom from our nation's shores.
  Mr. Speaker, for these reasons I oppose the measure before us today. 
In our justified haste to catch those who perpetrated the events of 
September 11 and who pose a continued threat to our nation, we must not 
abort the ideals that have made our nation strong. In the face of this 
crisis we must not rend our civil liberties and thus our Constitution, 
lest we be prepared to cede victory to the terrorists.
  Mr. STARK. Mr. Speaker, I rise today in opposition to H.R. 2975, the 
anti-terrorism bill. I do so reluctantly because we were supposed to 
have had a bill on the Floor today that I could have supported. The 
House Judiciary Committee unanimously passed a bipartisan bill that 
adroitly found the right balance between giving federal authorities the 
tools they need to fight terrorism, while still protecting the civil 
liberties that our citizens hold so dear.
  Unfortunately, a few members of the Republican leadership rejected 
this bipartisan legislation and created a new bill. This bill loses the 
balance that the previous legislation had achieved. The bill gives 
broad new powers to federal law enforcement officials while putting 
civil liberties at risk. Even worse, the bill prevents the Congress 
from reviewing these provisions in two years to ensure that the 
government is using its new powers in an appropriate manner.
  In addition, this bill has not received proper consideration by the 
House of Representatives. Most members, in fact, don't even know what 
the bill contains. This may be the most sweeping, comprehensive piece 
of legislation dealing with law enforcement practices and civil 
liberties that this Congress will ever consider. Such important 
legislation demands careful scrutiny and deserves bipartisan agreement. 
This bill fails in both respects.
  There is no question that the United States government must do 
everything in its power to protect our citizens. Our laws do need to be 
adjusted to properly reflect modern technology and to effectively 
respond to modern threats. The bill we consider today, however, is not 
the answer. I urge my colleagues to oppose this bill and to return to a 
bipartisan approach to improving our nation's security.
  Mr. THOMPSON of California. Mr. Speaker, it is with great reluctance 
that I vote in support of the antiterrorism legislation that was 
debated in the House today. What began as a collaborative and 
bipartisan process, has become a clandestine and highly partisan 
catastrophe. My intention today, was to support H.R. 2975, the PATRIOT 
Act that was given thoughtful consideration and resulted in a well-
crafted compromise. To my great regret, however, partisan procedures 
and pressures kept the House of Representatives from passing this 
legislation. Instead, the House took up a modified version of the 
Senate passed Uniting and Strengthening America Act.
  With some adjustments by the House leadership, the legislation 
contains many important provisions to ensure that the intelligence and 
law enforcement communities can do their jobs. The bill makes changes 
to intelligence and surveillance laws to account for advances in 
technology. It also strengthens penalties for money laundering and 
possession of biological agents for a suspected terrorist. But I am 
concerned that the legislation fails to create a watchdog position 
within the Department of Justice to monitor intelligence and law 
enforcement activities enacted by this new law. It also abandons the 
original two-year sunset, to a sunset of up to five years depending 
upon presidential preference. I believe that a five-year period is too 
lengthy, and support a sunset period of up to three years to ensure 
that civil liberties are protected, while intelligence and law 
enforcement officials do their jobs.
  Let me be very clear: I voted for the revised antiterrorism 
legislation today to ensure that the horrendous events of September 
11th are never repeated. I am offended by the process but am compelled 
by the circumstances in which we live today. I believe that in the days 
ahead, the House and Senate conference committee will work to craft a 
compromise measure that the American people can fully

[[Page H6772]]

support. In this new day of extraordinary circumstances, the impossible 
became a reality. Consequently, decisive action is necessary to prevent 
future acts of terrorism on the United States.
  Mr. UDALL of Colorado. Mr. Speaker, earlier this year we began this 
Congress by taking an oath to uphold the Constitution.
  It was the second time I did so, but for me it was still a solemn 
moment and a source of great price--as I am sure it was for you and for 
the many of our colleagues who have served far longer than I.
  It was a solemn moment because we were pledging ourselves to 
upholding the basic framework of our government, including the basic 
guarantees of the Bill of Rights. I think that is the highest and most 
important duty any American can undertake.
  And it was an especially proud moment for me because it meant that I 
would again be privileged to be part of this great institution, the 
House of Representatives--an institution for which I have for so long 
had such great respect.
  Since then less than six months have passed--but how long ago that 
seems to have been. Since September 11th, so many things have happened, 
and so many things have changed. And, unfortunately, one of the things 
that has changed is my pride in the way the House is meeting its 
responsibilities.
  That is because today we are proceeding in a way that falls far short 
of the standard to which we should hold ourselves--and doing so in 
connection with legislation of the very highest importance, legislation 
that can affect the lives and liberties of all the American people.
  To start with, like so many of our colleagues, I have not had an 
opportunity to learn fully what is in this bill beyond a cursory 
discussion in caucus, and while some Members of the House are versed on 
the particulars, I don't believe there has been enough time for debate 
and full consideration. On a subject so dear as our civil liberties, 
particularly in a time of crisis, surely the House could afford time to 
allow Members to read and understand this complicated legislative 
package before a vote. I do not know whether the objections raised by 
the bill's critics--such as those in today's letter from the American 
Civil Liberties Union--are well-founded or not. But I have no doubt 
that when it comes to matters as important as these it is far better to 
err on the side of caution.
  Mr. Speaker, in times of war and crisis there is always a very 
delicate balance between the need to be secure and the need to protect 
civil liberty. There have been moments in our nation's history when 
this balance was not carefully preserved--and with shameful 
consequences. In the rush to fight the terrorist threat, I want to be 
absolutely certain that we strike the right balance and avoid looking 
back on this time with regret about our haste and lack of wisdom.
  I am not an expert on fighting terrorism, but I know that if we are 
not careful in choosing our weapons, we can damage the very 
Constitution we have sworn to uphold. And I do know that there is a 
right way and a wrong way to legislate--and this is the wrong way.
  And that, Mr. Speaker, is why I cannot vote for this bill today.


                                American Civil Liberties Union

                                 Washington, DC, October 12, 2001.

        Be Patriotic--Vote Against the Revised ``Patriot Bill''

       Dear Representative: The ACLU is urging Members to vote no 
     on the Rule, no on final passage and yes on the motion to 
     recommit. Sadly, most Americans do not seem to realize that 
     Congress is about to pass a law that drastically expands 
     government's power to invade our privacy, to imprison people 
     without due process, and to punish dissent. More disturbing 
     is the fact that this power grab over our freedom and civil 
     liberties is in fact not necessary to fight terrorism. 
     Briefly, the substitute bill has the following problems:
       Sharing Sensitive Information without Privacy Protections: 
     The bill authorizes law enforcement to ``share criminal 
     investigative information.'' This section permits the 
     disclosure of sensitive, previously undisclosable information 
     obtained through grand jury investigations or wiretaps about 
     American citizens to the CIA, NSA, INS, Secret Service and 
     military, without judicial review, and with no limits as to 
     how these agencies can use the information once they have it, 
     and without marking the information to indicate how the 
     information can be used.
       Sneak and Peek Searches: this section authorizes the 
     wholesale use of covert searches for any criminal 
     investigation thus allowing the government to enter your 
     home, office or other private place and conduct a search, 
     take photographs, and download your computer files without 
     notifying you until later. The Congress rejected this 
     provision two times last year because it was misguided and 
     overbroad
       Single-Jurisdiction search warrants for terrorism: This 
     provision enables the government to go to a court in any 
     jurisdiction where it is conducting a terrorism 
     investigation, regardless of how insubstantial that location 
     is to the investigation, to conduct a search anywhere in the 
     country. This will allow the government to forum shop and 
     make it practically impossible for individuals who are 
     subjected to the search to challenge the search when the 
     warrants are issued by a judge in a distant location.
       New crime of Domestic Terrorism: This new crime is wholly 
     unnecessary for the Administration's ``War on Terrorism.'' It 
     expands the ever-growing cadre of federal crimes by 
     authorizing the federal government to prosecute violations of 
     state law and may be used to prosecute political protestors 
     who engage in acts the government considers to be dangerous 
     to human life.
       Requires People to Turn in Suspects Even If They Don't Know 
     Whether the Person Has Committed a Crime. This bill creates a 
     new crime exposing people to criminal liability for lodging a 
     person who he or she knows ``or has reasonable grounds to 
     believe'' has committed or is about to commit a crime. This 
     places a new burden on persons to turn in family and friends 
     never before imposed on individuals.
       Disclosing Intelligence Information on Americans to the 
     CIA: The bill mandates that the FBI turn over any information 
     on terrorism, even if it is about American citizens, that is 
     developed in criminal cases. This will result in the CIA 
     getting back into the business of spying on Americans.
       Imposing Indefinite Detention: The bill allows for non-
     citizens to be detained indefinitely, without meaningful 
     judicial review;
       Reducing Privacy in Student Records: The bill overturns 
     current law by giving law enforcement greater access to and 
     use of student records for investigative purposes. Under the 
     substitute, highly personal and potentially damaging 
     information about American and foreign students will be 
     transmitted to many federal agencies and could lead to 
     adverse consequences far beyond the stated goal of the anti-
     terrorism bill.
       Sunset of Wiretap Provisions: The House Judiciary 
     Committee's bill would have sunset all of new wiretapping 
     authorities in two years and two months. The sunset was 
     designed to permit Congress to evaluate how the new 
     authorities were being used, and whether there were abuses 
     that would require additional privacy protections. The bill 
     now pending before the House would gut the sunset provision 
     by extending it to five years and three months (three years 
     and three months, plus two more years upon a presidential 
     certification).
       Exclusionary Rule: The House Judiciary Committee's bill 
     included a provision to exclude from criminal cases evidence 
     that law enforcement seized illegally when monitoring 
     Internet communications. This would have conformed the rules 
     pertaining to illegal interception of Internet communications 
     to the rules governing illegal interception of telephone 
     calls. The bill now pending in the House omits this 
     provision.
       Expansion of Wiretapping Authority: The wiretapping 
     provisions in the pending House bill are virtually identical 
     to those in the bill the Senate approved last night. Both 
     bills minimizes judicial oversight of electronic surveillance 
     by: subjecting private Internet communications to a minimal 
     standard of review; permitting law enforcement to obtain what 
     would be the equivalent of a ``blank warrant'' in the 
     physical world; authorizing scattershot intelligence wiretap 
     orders that need not specify the place to be searched or 
     require that only the target's conversations be eavesdropped 
     upon; and allowing the FBI to use its ``intelligence'' 
     authority to circumvent the judicial review of the probable 
     cause requirement of the Fourth Amendment.
       Most of these provisions are unnecessary for fighting 
     international terrorism; some would be acceptable if they 
     were implemented with appropriate judicial oversight. Law 
     enforcement agents make mistakes--for example, the life of 
     suspected Atlanta Olympic bomber Richard Jewell was turned 
     upside down. Essential checks and balances on these new 
     powers are omitted from this legislation. We can be both safe 
     and free if the House takes the time to do this right.
       For more information, please contact: Wiretapping--Greg 
     Nojeim 202/675-2326, Crime Provisions--Rachel King 202/675-
     2314, Immigration--Tim Edgar 202/675-2318, Privacy--Katie 
     Corrigan--202/675-2322.
           Sincerely,
     Laura W. Murphy,
                                                         Director.
     Gregory T. Nojeim,
         Associate Director & Chief Legislative Counsel.
  Mr. KIND. Mr. Speaker, of all the issues we have considered, and will 
consider, in the aftermath of September 11, securing the safety of our 
Nation against the threat of terrorism may prove to be the most 
challenging aspect of our recovery and security focus. One reason the 
terrorists targeted our Nation is because of the freedoms we enjoy as a 
nation, and the importance we place on individual liberty.
  By nature, the openness of American society is a liability when it 
comes to public safety. The attacks on the World Trade Center and the 
Pentagon have shown us that virtually any possible threat may be 
realized.
  The challenge of securing the Land of the Free is a delicate task. By 
considering the laws that protect personal privacy we risk

[[Page H6773]]

alienating those values on which our Nation was founded. In taking on 
this challenge, I commend the Chairman and ranking member of the 
Judiciary Committee for recognizing the fundamental importance of this 
task, and working together to draft legislation in a fair and 
respectful manner. I just wish that process had been followed through 
all the way to the end instead of being hijacked the night before.
  The legislation before us today is not perfect. I, like many Members, 
have reservations about expanding boundaries in which Government may 
more easily encroach on personal privacy. However, these reservations 
must be weighed in light of our experiences, as well as Section 8 of 
Article 1 of the Constitution which states ``Congress shall have the 
power--to provide for the common defense and general welfare of the 
United States . . .''
  As a former prosecutor, I have experience in dealing with criminal 
investigations and prosecutions, and understand the inherent need to 
protect the public against terrorist activities. While I maintain 
concerns regarding some aspects of the bill regarding the specifics of 
electronic monitoring and other provisions, I acknowledge the 
importance of modernizing our laws to reflect the use of new 
technologies. I also appreciate the committee work on issues including 
improving the security of our borders, providing benefits to 
individuals involved in the immigration system who were detrimentally 
impacted under the law by the attacks, and updating the definition of 
terrorist activities and criminal penalties associated with terrorism 
in light of September 11. In addition, the sunset provisions attached 
to this legislation will provide for a review of these changes.
  This legislation provides the best opportunity for our Nation to 
protect its citizens without crossing the Constitution, and I therefore 
support its passage.
  Ms. HARMAN. Mr. Speaker, a long-scheduled appointment for minor 
surgery that was planned on the basis of the House leadership's 
announced calendar requires that I miss the vote on final passage of 
H.R. 2975.
  I support many--though not all--of the counter-terrorism changes 
recommended by Attorney General Ashcroft. Indeed, I was part of the 
bipartisan group of members of Congress who met with him shortly after 
the tragic terrorist attacks of September 11.
  Whether the bill implements those recommendations is difficult to 
tell. The time stamp on the text is 3:43 am this morning. Do we know 
what changes were made between it and the bill reported unanimously 
from the Judiciary Committee?
  Mr. Chairman, the process by which we are considering this measure 
plays fast and loose with our Constitution. It may well be that a 
number of its provisions will be stricken by the Courts.
  We should have had an opportunity to more carefully consider its 
provisions.
  Law enforcement needs 21st century rules to combat 21st century 
enemies. A cursory review of this bill suggests that we are providing 
many of them. But some may go too far, some may not go far enough.
  With some reluctance I support this bill. Not because I believe 
changes are not warranted, but because the rushed process by which the 
House is considering this bill is inappropriate given the severity of 
the challenge before this nation.
  Mr. McGOVERN. Mr. Speaker, I rise today in opposition to the version 
of the bill that has been presented before this House for 
consideration. Like every Member of this Congress, I believe we should 
provide law enforcement with every appropriate tool necessary to combat 
terrorism. In that spirit, I have supported all of the President's 
actions and requests, in both word and deed, since the horrific attacks 
which devastated this nation on September 11. Furthermore, I came to 
work this morning with every intention of voting for the carefully 
crafted bipartisan legislation that passed the House Judiciary 
Committee last week 36-0.
  However, I now stand before this House in complete amazement at the 
events that have transpired over the past 24 hours. Last week, the 
Judiciary Committee took the Bush administration's proposal into mark-
up, and carefully discussed and considered every aspect of this 
legislation. In an impressive display of bi-partisanship the concerns 
of every single one of the 36 members of the Judiciary Committee, from 
the right and the left, were addressed. For that, I applaud both 
Chairman Sensenbrenner and Ranking Member Conyers for their efforts.
  Yet despite this monumental display of cooperation, we stand poised 
to vote this morning on a substitute bill that was never even 
considered in the committee setting, and whose contents few of us have 
even seen. I am deeply troubled by the injustice done to the 
legislative process by rushing this new bill onto the floor, replacing 
the carefully crafted bill that was so impressively constructed last 
week.
  During this great nation's time of trial, we cannot underscore enough 
the importance of safeguarding the precious civil liberties and basic 
freedoms that underpin our society. Even in times of heightened alert, 
military action, and increased security awareness, it is our job as 
Members of the U.S. Congress to carefully consider the implications of 
extending the search and seizure powers of federal agencies, and ensure 
the protection of our basic rights as Americans. If we allow the 
cowardly terrorist actions of September 11 to redefine the freedoms 
that law-abiding citizens of this great nation are allowed to enjoy, 
then we have defeated ourselves. Nothing would greater please those who 
deplore America and our freedom loving society than to watch as we 
rashly whittle away our civil liberties out of fear and insecurity.
  Mr. Speaker, I will oppose this legislation today, and I ask that all 
of my colleagues do the same. I fully support the efforts of President 
Bush to ensure the security of this nation, yet I will not vote to 
undermine the basic freedoms we all hold dear. It is crucial that we, 
as a united Congress, remain strong in this time of crisis, and protect 
the fundamentally American values and civil liberties that so many 
generations before us have struggled to create.
  Mr. BUYER. Mr. Speaker, I rise today in support of the PATRIOT Act.
  We are engaged in a great struggle to combat the forces of terrorism 
that threatened our Nation on September 11. For this struggle, we have 
called forth the strong arm of our military. But in addition, this 
struggle will also be fought by law enforcement here at home.
  Our law enforcement officers need the best tools available to combat 
terrorism. This is not the case today and it is this deficiency that 
this bill seeks to remedy. For far too long we have neglected to equip 
our law enforcement with the tools they need to do their jobs as 
technology has changed.
  This bill will permit wiretaps to be leveled against suspected 
terrorists the same as we do for drug lords and organized crime 
syndicates. With existing court protections in place, law enforcement 
will now be able to follow suspected terrorists when they use the 
Internet, a land line phone or numerous cell phones. Nor will law 
enforcement have to go back to various courts when suspects move from 
location to location to location.
  Quite frankly, these provisions are long overdue. I regret that this 
bill includes a sunset provision. We need these provisions to be 
permanent.


   Modification to Amendment Adopted Pursuant to House Resolution 264

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that the 
amendment considered as adopted pursuant to H. Res. 264 be further 
modified as follows: delete sections 302, 303, and 304.
  This request has been cleared with the minority.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to House Resolution 264, the 
previous question is ordered on the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                Motion to Recommit Offered by Mr. Nadler

  Mr. NADLER. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. NADLER. I certainly am, Mr. Speaker.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Nadler moves to recommit the bill H.R. 2975 to the 
     Committee on the Judiciary with instructions to report the 
     same back to the House forthwith with the following 
     amendment:
       At the end of title II, add the following:
       ``Section 225. Scope of Provisions
       ``This title and the amendments made by this title (other 
     than sections 205, 208, 211, 221, 222, 223, and 224, and the 
     amendments made by those sections) shall apply only to 
     investigations of domestic terrorism or international 
     terrorism (as those terms are defined in section 2331 of 
     title 18, United States Code), such that this title and the 
     amendments made by this title (other than sections 205, 208, 
     211, 221, 222, 223, and 224, and the amendments made by those 
     sections) shall not apply to violations of either sections 
     992(a)(1)(A), 922(a)(6), 922(a)(5), 922(m), or 924(a)(1)(A) 
     of title 18, United States Code (pertaining to firearm 
     dealers violations), or first-time non-violent violations of 
     the Controlled Substances Act (as set forth in title 21, 
     United States Code) unless such violations pertain to 
     domestic terrorism or international terrorism (as those terms 
     are defined in section 2331 of title 18, United States 
     Code).''


[[Page H6774]]


  Mr. NADLER (during the reading). Mr. Speaker, I ask unanimous consent 
that the motion to recommit be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Nadler) is recognized for 5 minutes in support of his motion 
to recommit.
  Mr. NADLER. Mr. Speaker, what this motion to recommit does is to make 
the provisions of this bill granting extraordinary powers to 
investigative agencies of governments apply only to extraordinary 
circumstances, only to investigations of terrorism or potential 
terrorism.
  Mr. Speaker, a month ago, the United States was attacked; and in 
particular my district was attacked. I know or knew many people who 
were victims of that horrible attack, and I thirst to repay that attack 
and to make sure it will not happen again. But we can be attacked in 
many ways, and one of those attacks is to cause us to invade our own 
liberties as a reaction to the attack upon us, and that we must 
prevent.
  Speaker after speaker on this floor today has described how this 187-
page bill, seen by us only a few hours ago, with no opportunity to 
really look into it, to send out the text to law professors, to others, 
to really see the implications and to make intelligent judgments upon 
it may very well be a danger to many of our liberties.
  Well, we have to act in haste, we are told. Why? Because we must 
prevent acts of terrorism. Let us grant that assumption. Fine. But why 
should these provisions then extend to anything but terrorism? We can 
pass the bill today. I will not vote for it, but we can pass the bill 
today, give our government the powers it says it needs, that the 
President and the Attorney General say they need to prevent terrorism 
and to defeat terrorists, but not grant that power with respect to 
everything else until we have had proper time to look into the question 
without the haste that this emergency imposes on us. And then we can 
say that these provisions should or should not, or some should and some 
should not, be extended to ordinary criminal investigations.
  Let the terrorism bill proceed for terrorism now, albeit in haste, 
albeit hastily drafted, albeit not properly vetted. If that is the will 
of the body, let it be done for terrorism, but only for terrorism. And 
let us, for other things where the emergency is not immediate, take our 
time and do it properly.
  So this motion to recommit simply says these extraordinary powers 
exist for terrorist threats, for investigations of terrorism, and not 
for others.
  Mr. WEINER. Mr. Speaker, will the gentleman yield?
  Mr. NADLER. I yield to the gentleman from New York.
  Mr. WEINER. Mr. Speaker, I rise and I speak to some in this body who 
share my view that the Senate bill, arguably, does not go far enough. 
And I speak to some in this body who recognize the great work that the 
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from 
Michigan (Mr. Conyers) did to cobble a compromise that everyone can 
rally around. Those are good reasons for us to step back, go back to 
the drawing board, and perhaps return with our original bill, if for no 
other reason than we are going to conference with the other body and it 
seems insane we are here negotiating with ourselves.
  But let us think of some of the things that were in the bill that the 
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from 
Michigan (Mr. Conyers) wrote that are not in today. The gentleman from 
Illinois (Mr. Hyde) offered language that would track money launderers. 
Out of the bill. I think it should be in. The gentleman from Georgia 
(Mr. Barr) offered language, and I have trouble saying these words, 
that I agree with while in terms of tracking security officers. I 
offered language that was in the bill that would track people who come 
here on student visas and who overstay their visas and commit acts of 
violence, at least two of which were in that category that crashed into 
the World Trade Center in my hometown.
  My colleagues, I have been to too many vigils, too many funerals, 
held too much hands of grieving families in my district to be satisfied 
with a bill that takes out so many of the provisions that we worked so 
hard for in the Committee on the Judiciary. There are many reasons why 
we should offer a motion to recommit, some of which are those which are 
shared by my colleague, the gentleman from New York (Mr. Nadler), who 
believes this bill goes too far. But there are also reasons, I say to 
all of my colleagues, for those who think we have watered down these 
efforts too far, to put back in some of the thoughtful provisions that 
the House Committee on the Judiciary put in.
  There is no good reason not to recommit. There is going to be a 
conference on this bill. Why not go in with our strongest possible 
negotiating position, including the Hyde language, the Barr language, 
and the Weiner language that I would say would pass this House with 350 
votes.
  Mr. NADLER. Mr. Speaker, reclaiming my time, I agree with the other 
distinguished gentleman from New York. There are provisions that go too 
far in this bill, in my opinion; and there are things that are not in 
this bill that ought to be, again, after the wonderful work done by the 
distinguished gentleman from Wisconsin and the distinguished gentleman 
from Michigan and the committee as a whole, tossed out the window, a 
new bill, brand new, emergency we are told.
  Limit this to the terrorism and let us work regular order, the way 
this House ought to proceed, so we may examine whether these powers 
belong in the general criminal field. There is no emergency we are told 
about there. The emergency pertains to terrorism, so let us proceed on 
an emergency basis, which we are doing now, voting for this bill 
virtually sight unseen, proceed on that emergency basis only for the 
terrorism emergency. Limit the bill to the terrorism emergency and look 
at the rest in our own good time.
  The SPEAKER pro tempore. The time of the gentleman from New York has 
expired.
  Mr. SENSENBRENNER. Mr. Chairman, I rise in opposition to the motion 
to recommit.
  The SPEAKER pro tempore. The gentleman from Wisconsin is recognized 
for 5 minutes.
  Mr. SENSENBRENNER. Mr. Speaker, the motion to recommit should be 
rejected for the following reason:
  In many cases, what begins as an ordinary criminal investigation will 
end up leading into material relating to how terrorists finance 
themselves or how terrorists act and further criminal activity as well.
  Let me give an example. Last month, the Prime Minister of the United 
Kingdom, Tony Blair, gave a very eloquent speech to the annual 
conference of his Labor Party somewhere in England. That speech was 
covered by C-SPAN. I saw most of it. I hope that many of the other 
Members did as well. But one of the things that Prime Minister Blair 
said was that 90 percent of the heroin that is sold in the United 
Kingdom is sold by Osama bin Laden's front groups, and the money that 
is used from people who purchase the heroin is used to finance Osama 
bin Laden's terrorist activities.

                              {time}  1545

  Under the motion to recommit by the gentleman from New York, if there 
is an ordinary, run-of-the-mill drug investigation that might include 
terrorist activity or might not include terrorist activity, the 
expanded law enforcement provisions of this bill would not apply until 
there is evidence that terrorist activity has infiltrated that part of 
the drug trade.
  By the time that evidence comes up, it might be too late, and there 
might be another terrorist strike that could have been prevented as a 
result of the increased law enforcement powers that are contained in 
this bill.
  The motion to recommit by the gentleman from New York will not allow 
law enforcement to expand its scope in time because there would have to 
be showing of a linkage to international terrorism as defined by this 
bill. We should reject the motion to recommit simply for that reason. I 
urge a ``no'' vote.
  Mr. Speaker, I yield back the balance of my time, and I move the 
previous question on the motion to recommit.
  The previous question was ordered.
  The SPEAKER pro tempore. The question is on the motion to recommit.

[[Page H6775]]

  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. NADLER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage of the bill.
  The vote was taken by electronic device, and there were--yeas 73, 
nays 345, not voting 12, as follows:

                             [Roll No. 385]

                                YEAS--73

     Berkley
     Berman
     Bonior
     Boucher
     Brady (PA)
     Capps
     Capuano
     Cardin
     Clay
     Clayton
     Clyburn
     Conyers
     Coyne
     Davis (IL)
     DeGette
     Delahunt
     Dingell
     Engel
     Farr
     Fattah
     Filner
     Frost
     Gephardt
     Gonzalez
     Green (TX)
     Hastings (FL)
     Hilliard
     Hinchey
     Hoeffel
     Honda
     Hoyer
     Inslee
     Jackson (IL)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kilpatrick
     Kucinich
     Lee
     Lewis (GA)
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McKinney
     Mink
     Nadler
     Oberstar
     Olver
     Owens
     Paul
     Pelosi
     Rahall
     Rodriguez
     Roybal-Allard
     Rush
     Sabo
     Sandlin
     Scott
     Sherman
     Slaughter
     Snyder
     Solis
     Thompson (MS)
     Thurman
     Udall (CO)
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Wu
     Wynn

                               NAYS--345

     Ackerman
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett
     Bartlett
     Bass
     Becerra
     Bentsen
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Boehner
     Bonilla
     Bono
     Borski
     Boswell
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clement
     Coble
     Collins
     Combest
     Condit
     Cooksey
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gilman
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Hooley
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Israel
     Issa
     Istook
     Jackson-Lee (TX)
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kind (WI)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Largent
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     McCarthy (NY)
     McCrery
     McGovern
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Obey
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rivers
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Sanchez
     Sanders
     Sawyer
     Saxton
     Schaffer
     Schakowsky
     Schiff
     Schrock
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Traficant
     Turner
     Udall (NM)
     Upton
     Velazquez
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Young (AK)
     Young (FL)

                             NOT VOTING--12

     Abercrombie
     Aderholt
     Barton
     Blunt
     Boyd
     Gillmor
     Harman
     McHugh
     Miller (FL)
     Napolitano
     Quinn
     Towns

                              {time}  1618

  Ms. LOFGREN, Messrs. GILMAN, KIND, McGOVERN, TANCREDO, BERRY, WEINER, 
GEORGE MILLER of California, KLECZKA, BLUMENAUER, Ms. BALDWIN, Messrs. 
MOLLOHAN, CROWLEY, RANGEL, NEAL of Massachusetts, Ms. RIVERS, Mr. 
SPRATT, Ms. HOOLEY of Oregon, Messrs. MATHESON, LIPINSKI, BORSKI, 
STRICKLAND, McNULTY, Mrs. LOWEY, Mrs. TAUSCHER, Messrs. BARCIA, KILDEE, 
CUMMINGS, DOOLEY of California, PASTOR, COSTELLO, MEEKS of New York, 
GORDON, MOORE, LANGEVIN, WAXMAN, DeFAZIO, HOLT, PALLONE, ROTHMAN, ROSS, 
Ms. VELAZQUEZ, Mr. LEVIN, Mr. BACA, Ms. BROWN of Florida, Messrs. 
DUNCAN, PETERSON of Minnesota, STUPAK, Ms. CARSON of Indiana, Messrs. 
ETHERIDGE, MENENDEZ, BENTSEN, PRICE of North Carolina, Ms. MILLENDER-
McDONALD, Messrs. TANNER, PAYNE, SANDERS, HILL, GUTIERREZ, Mrs. MALONEY 
of New York, Mr. BLAGOJEVICH, Mr. BECERRA, Ms. JACKSON-LEE of Texas, 
Messrs. CLEMENT, LARSON of Connecticut, LANTOS, STARK, MARKEY, Ms. 
DeLAURO, Mr. UDALL of New Mexico, Ms. SCHAKOWSKY, Mr. SERRANO, Ms. 
WOOLSEY, Mr. EVANS, Mr. ORTIZ, Ms. ESHOO, Mr. BALDACCI, Mr. ALLEN, Ms. 
SANCHEZ, Mrs. DAVIS of California, Messrs. CONDIT, REYES, LAMPSON, 
THOMPSON of California, ACKERMAN and HINOJOSA changed their vote from 
``yea'' to ``nay.''
  Mrs. CLAYTON, Mr. McDERMOTT, Ms. LEE, Mr. OLVER, Ms. SOLIS and Ms. 
ROYBAL-ALLARD changed their vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. Nethercutt). The question is on the 
passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 337, 
nays 79, answered ``present'' 1, not voting 14, as follows:

                             [Roll No. 386]

                               YEAS--337

     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Ballenger
     Barcia
     Barr
     Bartlett
     Bass
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Boehlert
     Boehner
     Bonilla
     Bono
     Borski
     Boswell
     Brady (PA)
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     Hall (OH)

[[Page H6776]]


     Hall (TX)
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                                NAYS--79

     Ackerman
     Baldwin
     Barrett
     Becerra
     Blumenauer
     Bonior
     Boucher
     Brown (OH)
     Capuano
     Clayton
     Clyburn
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     Millender-McDonald
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     Paul
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     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Woolsey
     Wu

                        ANSWERED ``PRESENT''--1

       
     Obey
       

                             NOT VOTING--14

     Abercrombie
     Aderholt
     Barton
     Blunt
     Boyd
     Gillmor
     Harman
     Lewis (CA)
     McHugh
     Miller (FL)
     Napolitano
     Quinn
     Roukema
     Towns

                              {time}  1626

  Mr. HONDA and Mr. BECERRA changed their vote from ``yea'' to ``nay.''
  Ms. CARSON of Indiana changed her vote from ``present'' to ``yea.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  The title of the bill was amended so as to read: ``To deter and 
punish terrorist acts in the United States and around the world, to 
enhance law enforcement investigatory tools, and for other purposes.''
  A motion to reconsider was laid on the table.

                          ____________________