(Sec. 102) Expresses the sense of Congress that: (1) the civil rights and liberties of all Americans, including Arab Americans, 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) Authorizes appropriations for the Federal Bureau of Investigation's (FBI) Technical Support Center.
(Sec. 104) Authorizes the Attorney General to request the Secretary of Defense to provide assistance in support of Department of Justice (DOJ) activities relating to the enforcement of Federal criminal code (code) provisions regarding the use of weapons of mass destruction during an emergency situation involving a weapon (currently, chemical weapon) of mass destruction.
(Sec. 105) Requires the Director of the U.S. Secret Service to take actions to develop a national network of electronic crime task forces throughout the United States to prevent, detect, and investigate various forms of electronic crimes, including potential terrorist attacks against critical infrastructure and financial payment systems.
(Sec. 106) Modifies provisions relating to presidential authority under the International Emergency Powers Act to: (1) authorize the President, when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, to confiscate any property subject to U.S. jurisdiction of a foreign person, organization, or country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks (the rights to which shall vest in such agency or person as the President may designate); and (2) provide that, in any judicial review of a determination made under such provisions, if the determination was based on classified information such information may be submitted to the reviewing court ex parte and in camera.
Title II: Enhanced Surveillance Procedures - Amends the Federal criminal code to authorize the interception of wire, oral, and electronic communications for the production of evidence of: (1) specified chemical weapons or terrorism offenses; and (2) computer fraud and abuse.
(Sec. 203) Amends rule 6 of the Federal Rules of Criminal Procedure (FRCrP) to permit the sharing of grand jury information that involves foreign intelligence or counterintelligence with Federal law enforcement, intelligence, protective, immigration, national defense, or national security officials (such officials), subject to specified requirements.
Authorizes an investigative or law enforcement officer, or an attorney for the Government, who, by authorized means, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom to disclose such contents to such officials to the extent that such contents include foreign intelligence or counterintelligence.
Directs the Attorney General to establish procedures for the disclosure of information (pursuant to the code and the FRCrP) that identifies a United States person, as defined in the Foreign Intelligence Surveillance Act of 1978 (FISA).
Authorizes the disclosure of foreign intelligence or counterintelligence obtained as part of a criminal investigation to such officials.
(Sec. 204) Clarifies that nothing in code provisions regarding pen registers shall be deemed to affect the acquisition by the Government of specified foreign intelligence information, and that procedures under FISA shall be the exclusive means by which electronic surveillance and the interception of domestic wire and oral (current law) and electronic communications may be conducted.
(Sec. 205) Authorizes the Director of the FBI to expedite the employment of personnel as translators to support counter-terrorism investigations and operations without regard to applicable Federal personnel requirements. Requires: (1) the Director to establish such security requirements as necessary for such personnel; and (2) the Attorney General to report to the House and Senate Judiciary Committees regarding translators.
(Sec. 206) Grants roving surveillance authority under FISA after requiring a court order approving an electronic surveillance to direct any person to furnish necessary information, facilities, or technical assistance in circumstances where the Court finds that the actions of the surveillance target may have the effect of thwarting the identification of a specified person.
(Sec. 207) Increases the duration of FISA surveillance permitted for non-U.S. persons who are agents of a foreign power.
(Sec. 208) Increases (from seven to 11) the number of district court judges designated to hear applications for and grant orders approving electronic surveillance. Requires that no fewer than three reside within 20 miles of the District of Columbia.
(Sec. 209) Permits the seizure of voice-mail messages under a warrant.
(Sec. 210) Expands the scope of subpoenas for records of electronic communications to include the length and types of service utilized, temporarily assigned network addresses, and the means and source of payment (including any credit card or bank account number).
(Sec. 211) Amends the Communications Act of 1934 to permit specified disclosures to Government entities, except for records revealing cable subscriber selection of video programming from a cable operator.
(Sec. 212) Permits electronic communication and remote computing service providers to make emergency disclosures to a governmental entity of customer electronic communications to protect life and limb.
(Sec. 213) Authorizes Federal district courts to allow a delay of required notices of the execution of a warrant if immediate notice may have an adverse result and under other specified circumstances.
(Sec. 214) Prohibits use of a pen register or trap and trace devices in any investigation to protect against international terrorism or clandestine intelligence activities that is conducted solely on the basis of activities protected by the first amendment to the U.S. Constitution.
(Sec. 215) Authorizes the Director of the FBI (or designee) to apply for a court order requiring production of certain business records for foreign intelligence and international terrorism investigations. Requires the Attorney General to report to the House and Senate Intelligence and Judiciary Committees semi-annually.
(Sec. 216) Amends the code to: (1) require a trap and trace device to restrict recoding or decoding so as not to include the contents of a wire or electronic communication; (2) apply a court order for a pen register or trap and trace devices to any person or entity providing wire or electronic communication service in the United States whose assistance may facilitate execution of the order; and (3) allow a trap and trace device to identify the source (but not the contents) of a wire or electronic communication.
(Sec. 217) Makes it lawful to intercept the wire or electronic communication of a computer trespasser in certain circumstances.
(Sec. 218) Amends FISA to require an application for an electronic surveillance order or search warrant to certify that a significant purpose (currently, the sole or main purpose) of the surveillance is to obtain foreign intelligence information.
(Sec. 219) Amends rule 41 of the FRCrP to permit Federal magistrate judges in any district in which terrorism-related activities may have occurred to issue search warrants for searches within or outside the district.
(Sec. 220) Provides for nationwide service of search warrants for electronic evidence.
(Sec. 221) Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to extend trade sanctions to the territory of Afghanistan controlled by the Taliban.
(Sec. 222) Specifies that: (1) 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; and (2) a provider of such service and a landlord, custodian, or other person who furnishes such facilities or technical assistance shall be reasonably compensated for such reasonable expenditures incurred in providing such facilities or assistance.
(Sec. 223) Amends the code to establish procedures for administrative discipline for willful disclosure of a record obtained by an investigative or law enforcement officer or a governmental entity. Authorizes civil actions against the United States for violations of the code and of FISA.
(Sec. 224) Provides that the surveillance provisions of this title shall cease to have effect on December 31, 2004, with a two-year extension upon presidential notification to Congress.
Title III: Financial Infrastructure - Amends the Federal criminal code with respect to fraud and related activity in connection with access devices to extend extraterritorial jurisdiction over any person who engages in any act outside the jurisdiction of the United States that would constitute a criminal offense if committed within U.S. jurisdiction, 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, or otherwise stores, secrets, or holds within U.S. jurisdiction, any article used in the commission of the offense or the proceeds or property derived from it (thus subjecting such person to U.S. fines, penalties, imprisonment, and forfeiture).
Title IV: Protecting the Border - Subtitle A: Protecting the Northern Border - Authorizes the Attorney General to waive certain Immigration and Naturalization Service (INS) personnel caps with respect to ensuring security needs on the Northern border.
(Sec. 402) Authorizes appropriations to: (1) triple the number of Border Patrol, Customs Service, and INS personnel (and support facilities) at points of entry and along the Northern border; and (2) INS and Customs for related border monitoring technology and equipment.
(Sec. 403) Amends the Immigration and Nationality Act to require the Attorney General and the Federal Bureau of Investigation (FBI) to provide the Department of State and INS with access to specified criminal history extracts in order to determine whether or not a visa or admissions applicant has a criminal history. Directs the FBI to provide periodic extract updates. Provides for confidentiality.
Directs the Attorney General and the Secretary of State to develop a technology standard to identify visa and admissions applicants, which shall be the basis for an electronic system of law enforcement and intelligence sharing system available to consular, law enforcement, intelligence, and Federal border inspection personnel.
(Sec. 404) Amends the Department of Justice Appropriations Act, 2001 to eliminate certain INS overtime restrictions.
(Sec. 405) Directs the Attorney General to report on the feasibility of enhancing the Integrated Automated Fingerprint Identification System and other identification systems to better identify foreign individuals in connection with U.S. or foreign criminal investigations before issuance of a visa to, or permitting such person's entry or exit from the United States. Authorizes appropriations.
Subtitle B: Enhanced Immigration Provisions - Amends the Immigration and Nationality Act to broaden the scope of aliens ineligible for admission or deportable due to terrorist activities to include an alien who: (1) is a representative of a political, social, or similar group whose political endorsement of terrorist acts undermines U.S. antiterrorist efforts; (2) has used a position of prominence to endorse terrorist activity, or to persuade others to support such activity in a way that undermines U.S. antiterrorist efforts (or the child or spouse of such an alien under specified circumstances); or (3) has been associated with a terrorist organization and intends to engage in threatening activities while in the United States.
Includes within the definition of "terrorist activity" the use of any weapon or dangerous device.
Redefines "engage in terrorist activity" to mean, in an individual capacity or as a member of an organization, to: (1) commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; (2) prepare or plan a terrorist activity; (3) gather information on potential targets for terrorist activity; (4) solicit funds or other things of value for a terrorist activity or a terrorist organization (with an exception for lack of knowledge); (5) solicit any individual to engage in prohibited conduct or for terrorist organization membership (with an exception for lack of knowledge); or (6) 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 for the commission of a terrorist activity; to any individual who the actor knows or reasonably should know has committed or plans to commit a terrorist activity; or to a terrorist organization (with an exception for lack of knowledge).
Defines "terrorist organization" as a group: (1) designated under the Immigration and Nationality Act or by the Secretary of State; or (2) a group of two or more individuals, whether related or not, which engages in terrorist-related activities.
Provides for the retroactive application of amendments under this Act.
Subtitle C: Preservation of Immigration Benefits for Victims of Terrorism - Authorizes the Attorney General to provide permanent resident status through the special immigrant program to an alien (and spouse, child, or grandparent under specified circumstances) who was the beneficiary of a petition filed on or before September 11, 2001, to grant the alien permanent residence as an employer-sponsored immigrant or of an application for labor certification if the petition or application was rendered null because of the disability of the beneficiary or loss of employment due to physical damage to, or destruction of, the business of the petitioner or applicant as a direct result of the terrorist attacks on September 11, 2001 (September attacks), or because of the death of the petitioner or applicant as a direct result of such attacks.
(Sec. 422) States that an alien who was legally in a nonimmigrant status and was disabled as a direct result of the September attacks may remain in the United States until his or her normal status termination date or September, 11, 2002. Includes in such extension the spouse or child of such an alien or of an alien who was killed in such attacks. Authorizes employment during such period.
Extends specified immigration-related deadlines and other filing requirements for an alien (and spouse and child) who was directly prevented from meeting such requirements as a result of the September attacks respecting: (1) nonimmigrant status and status revision; (2) diversity immigrants; (3) immigrant visas; (4) parolees; and (5) voluntary departure.
(Sec. 423) Waives, under specified circumstances, the requirement that an alien spouse (and child) of a U.S. citizen must have been married for at least two years prior to such citizen's death in order to maintain immediate relative status if such citizen died as a direct result of the September attacks. Provides for: (1) continued family-sponsored immigrant eligibility for the spouse, child, or unmarried son or daughter of a permanent resident who died as a direct result of such attacks; and (2) continued eligibility for adjustment of status for the spouse and child of an employment-based immigrant who died similarly.
(Sec. 424) Amends the Immigration and Nationality Act to extend the visa categorization of "child" for aliens with petitions filed on or before September 11, 2001, for aliens whose 21st birthday is in September 2001 (90 days), or after September 2001 (45 days).
(Sec. 425) Authorizes the Attorney General to provide temporary administrative relief to an alien who, as of September, 10, 2001, was lawfully in the United States and was the spouse, parent, or child of an individual who died or was disabled as a direct result of the September attacks.
(Sec. 426) Directs the Attorney General to establish evidentiary guidelines for death, disability, and loss of employment or destruction of business in connection with the provisions of this subtitle.
(Sec. 427) Prohibits benefits to terrorists or their family members.
(Sec. 428) Defines specified terms.
Title V: Removing Obstacles to Investigating Terrorism - Authorizes the Attorney General to pay rewards from available funds pursuant to public advertisements for assistance to DOJ to combat terrorism and defend the Nation against terrorist acts, in accordance with procedures and regulations established or issued by the Attorney General, subject to specified conditions, including a prohibition against any such reward of $250,000 or more from being made or offered without the personal approval of either the Attorney General or the President.
(Sec. 502) Amends the State Department Basic Authorities Act of 1956 to modify the Department of State rewards program to authorize rewards for information leading to: (1) the dismantling of a terrorist organization in whole or significant part; and (2) the identification or location of an individual who holds a key leadership position in a terrorist organization. Raises the limit on rewards if the Secretary State determines that a larger sum is necessary to combat terrorism or defend the Nation against terrorist acts.
(Sec. 503) Amends the DNA Analysis Backlog Elimination Act of 2000 to qualify a Federal terrorism offense for collection of DNA for identification.
(Sec. 504) Amends FISA to authorize consultation among Federal law enforcement officers regarding information acquired from an electronic surveillance or physical search in terrorism and related investigations or protective measures.
(Sec. 505) Allows the FBI to request telephone toll and transactional records, financial records, and consumer reports in any investigation to protect against international terrorism or clandestine intelligence activities only if the investigation is not conducted solely on the basis of activities protected by the first amendment to the U.S. Constitution.
(Sec. 506) Revises U.S. Secret Service jurisdiction with respect to fraud and related activity in connection with computers. Grants the FBI primary authority to investigate specified fraud and computer related activity for cases involving espionage, foreign counter-intelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or restricted data, except for offenses affecting Secret Service duties.
(Sec. 507) Amends the General Education Provisions Act and the National Education Statistics Act of 1994 to provide for disclosure of educational records to the Attorney General in a terrorism investigation or prosecution.
Title VI: Providing for Victims of Terrorism, Public Safety Officers, and Their Families - Subtitle A: Aid to Families of Public Safety Officers - Provides for expedited payments for: (1) public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack; and (2) heroic public safety officers. Increases Public Safety Officers Benefit Program payments.
Subtitle B: Amendments to the Victims of Crime Act of 1984 - Amends the Victims of Crime Act of 1984 to: (1) revise provisions regarding the allocation of funds for compensation and assistance, location of compensable crime, and the relationship of crime victim compensation to means-tested Federal benefit programs and to the September 11th victim compensation fund; and (2) establish an antiterrorism emergency reserve in the Victims of Crime Fund.
Title VII: Increased Information Sharing for Critical Infrastructure Protection - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend Bureau of Justice Assistance regional information sharing system grants to systems that enhance the investigation and prosecution abilities of participating Federal, State, and local law enforcement agencies in addressing multi-jurisdictional terrorist conspiracies and activities.
Title VIII: Strengthening the Criminal Laws Against Terrorism - Sets forth provisions prohibiting specific terrorist acts or otherwise destructive, disruptive, or violent acts against mass transportation vehicles, ferries, providers, employees, passengers, or operating systems.
(Sec. 802) Amends the Federal criminal code to: (1) revise the definition of "international terrorism" to include activities that appear to be intended to affect the conduct of government by mass destruction; and (2) define "domestic terrorism" as activities that occur primarily within U.S. jurisdiction, that involve criminal acts dangerous to human life, and that appear to be intended to intimidate or coerce a civilian population, to influence government policy by intimidation or coercion, or to affect government conduct by mass destruction, assassination, or kidnapping.
(Sec. 803) Prohibits harboring any person knowing or having reasonable grounds to believe that such person has committed or is about to commit a terrorism offense.
(Sec. 804) Establishes Federal jurisdiction over crimes committed at U.S. facilities abroad.
(Sec. 805) Applies the prohibitions against providing material support for terrorism to offenses outside of the United States.
(Sec. 806) Subjects to civil forfeiture all assets, foreign or domestic, of terrorist organizations.
(Sec. 808) Expands: (1) the offenses over which the Attorney General shall have primary investigative jurisdiction under provisions governing acts of terrorism transcending national boundaries; and (2) the offenses included within the definition of the Federal crime of terrorism.
(Sec. 809) Provides that there shall be no statute of limitations for certain terrorism offenses if the commission of such an offense resulted in, or created a foreseeable risk of, death or serious bodily injury to another person.
(Sec. 810) Provides for alternative maximum penalties for terrorism crimes.
(Sec. 811) Makes: (1) the penalties for attempts and conspiracies the same as those for terrorism offenses; (2) the supervised release terms for offenses with terrorism predicates any term of years or life; and (3) specified terrorism crimes Racketeer Influenced and Corrupt Organizations statute predicates.
(Sec. 814) Revises prohibitions and penalties regarding fraud and related activity in connection with computers to include specified cyber-terrorism offenses.
(Sec. 816) Directs the Attorney General to establish regional computer forensic laboratories, and to support existing laboratories, to develop specified cyber-security capabilities.
Title IX: Improved Intelligence - Amends the National Security Act of 1947 to require the Director of Central Intelligence (DCI) to establish requirements and priorities for foreign intelligence collected under the Foreign Intelligence Surveillance Act of 1978 and to provide assistance to the Attorney General (AG) to ensure that information derived from electronic surveillance or physical searches is disseminated for efficient and effective foreign intelligence purposes. Requires the inclusion of international terrorist activities within the scope of foreign intelligence under such Act.
(Sec. 903) Expresses the sense of Congress that officers and employees of the intelligence community should establish and maintain intelligence relationships to acquire information on terrorists and terrorist organizations.
(Sec. 904) Authorizes deferral of the submission to Congress of certain reports on intelligence and intelligence-related matters until: (1) February 1, 2002; or (2) a date after February 1, 2002, if the official involved certifies that preparation and submission on February 1, 2002, will impede the work of officers or employees engaged in counterterrorism activities. Requires congressional notification of any such deferral.
(Sec. 905) Requires the AG or the head of any other Federal department or agency with law enforcement responsibilities to expeditiously disclose to the DCI any foreign intelligence acquired in the course of a criminal investigation.
(Sec. 906) Requires the AG, DCI, and Secretary of the Treasury to jointly report to Congress on the feasibility and desirability of reconfiguring the Foreign Asset Tracking Center and the Office of Foreign Assets Control to provide for the analysis and dissemination of foreign intelligence relating to the financial capabilities and resources of international terrorist organizations.
(Sec. 907) Requires the DCI to report to the appropriate congressional committees on the establishment and maintenance of the National Virtual Translation Center for timely and accurate translation of foreign intelligence for elements of the intelligence community.
(Sec. 908) Requires the AG to provide a program of training to Government officials regarding the identification and use of foreign intelligence.
Title X: Miscellaneous - Directs the Inspector General of DOJ to designate one official who shall: (1) review information and receive complaints alleging abuses of civil rights and liberties by DOJ employees and officials; (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 House and Senate Judiciary Committees a semi-annual report on implementation of this title, detailing any abuses, including a description of the use of appropriations used to carry out this title.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2975 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2975
To combat terrorism, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 2001
Mr. Sensenbrenner (for himself, Mr. Conyers, Mr. Hyde, Mr. Coble, Mr.
Goodlatte, Mr. Jenkins, Ms. Jackson-Lee of Texas, Mr. Cannon, Mr.
Meehan, Mr. Graham, Mr. Bachus, Mr. Wexler, Mr. Hostettler, Mr. Keller,
Mr. Issa, Ms. Hart, Mr. Flake, Mr. Schiff, Mr. Thomas, Mr. Goss, Mr.
Rangel, Mr. Berman, and Ms. Lofgren) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Intelligence (Permanent Select), International
Relations, Resources, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To combat terrorism, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Provide Appropriate Tools Required
to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001''.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Construction; severability.
TITLE I--INTELLIGENCE GATHERING
Subtitle A--Electronic Surveillance
Sec. 101. Modification of authorities relating to use of pen registers
and trap and trace devices.
Sec. 102. Seizure of voice-mail messages pursuant to warrants.
Sec. 103. Authorized disclosure.
Sec. 104. Savings provision.
Sec. 105. Interception of computer trespasser communications.
Sec. 106. Technical amendment.
Sec. 107. Scope of subpoenas for records of electronic communications.
Sec. 108. Nationwide service of search warrants for electronic
evidence.
Sec. 109. Clarification of scope.
Sec. 110. Emergency disclosure of electronic communications to protect
life and limb.
Sec. 111. Use as evidence.
Sec. 112. Reports concerning the disclosure of the contents of
electronic communications.
Subtitle B--Foreign Intelligence Surveillance and Other Information
Sec. 151. Period of orders of electronic surveillance of non-United
States persons under foreign intelligence
surveillance.
Sec. 152. Multi-point authority.
Sec. 153. Foreign intelligence information.
Sec. 154. Foreign intelligence information sharing.
Sec. 155. Pen register and trap and trace authority.
Sec. 156. Business records.
Sec. 157. Miscellaneous national-security authorities.
Sec. 158. Proposed legislation.
Sec. 159. Presidential authority.
Sec. 160. 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
(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'';
(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 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--
``(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);
(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.).
Subtitle B--Preservation of Immigration Benefits for Victims of
Terrorism
SEC. 211. SPECIAL IMMIGRANT STATUS.
(a) In General.--For purposes of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), the Attorney General may provide an alien
described in subsection (b) with the status of a special immigrant
under section 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the
alien--
(1) files with the Attorney General a petition under
section 204 of such Act (8 U.S.C. 1154) for classification
under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence, except in determining such admissibility, the
grounds for inadmissibility specified in section 212(a)(4) of
such Act (8 U.S.C. 1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if--
(A) the alien was the beneficiary of--
(i) a petition that was filed with the
Attorney General on or before September 11,
2001--
(I) under section 204 of the
Immigration and Nationality Act (8
U.S.C. 1154) to classify the alien as a
family-sponsored immigrant under
section 203(a) of such Act (8 U.S.C.
1153(a)) or as an employment-based
immigrant under section 203(b) of such
Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8 U.S.C.
1184(d)) of such Act to authorize the
issuance of a nonimmigrant visa to the
alien under section 101(a)(15)(K) of
such Act (8 U.S.C. 1101(a)(15)(K)); or
(ii) an application for labor certification
under section 212(a)(5)(A) of such Act (8
U.S.C. 1182(a)(5)(A)) that was filed under
regulations of the Secretary of Labor on or
before such date; and
(B) such petition or application was revoked or
terminated (or otherwise rendered null), either before
or after its approval, due to a specified terrorist
activity that directly resulted in--
(i) the death or disability of the
petitioner, applicant, or alien beneficiary; or
(ii) loss of employment due to physical
damage to, or destruction of, the business of
the petitioner or applicant.
(2) Spouses and children.--
(A) In general.--An alien is described in this
subsection if--
(i) the alien was, on September 10, 2001,
the spouse or child of a principal alien
described in paragraph (1); and
(ii) the alien--
(I) is accompanying such principal
alien; or
(II) is following to join such
principal alien not later than
September 11, 2003.
(B) Construction.--For purposes of construing the
terms ``accompanying'' and ``following to join'' in
subparagraph (A)(ii), any death of a principal alien
that is described in paragraph (1)(B)(i) shall be
disregarded.
(3) Grandparents of orphans.--An alien is described in this
subsection if the alien is a grandparent of a child, both of
whose parents died as a direct result of a specified terrorist
activity, if either of such deceased parents was, on September
10, 2001, a citizen or national of the United States or an
alien lawfully admitted for permanent residence in the United
States.
(c) Priority Date.--Immigrant visas made available under this
section shall be issued to aliens in the order in which a petition on
behalf of each such alien is filed with the Attorney General under
subsection (a)(1), except that if an alien was assigned a priority date
with respect to a petition described in subsection (b)(1)(A)(i), the
alien may maintain that priority date.
(d) Numerical Limitations.--For purposes of the application of
sections 201 through 203 of the Immigration and Nationality Act (8
U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided
status under this section shall be treated as special immigrants
described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who
are not described in subparagraph (A), (B), (C), or (K) of such
section.
SEC. 212. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) Automatic Extension of Nonimmigrant Status.--
(1) In general.--Notwithstanding section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184), in the case of
an alien described in paragraph (2) who was lawfully present in
the United States as a nonimmigrant on September 10, 2001, the
alien may remain lawfully in the United States in the same
nonimmigrant status until the later of--
(A) the date such lawful nonimmigrant status
otherwise would have terminated if this subsection had
not been enacted; or
(B) 1 year after the death or onset of disability
described in paragraph (2).
(2) Aliens described.--
(A) Principal aliens.--An alien is described in
this paragraph if the alien was disabled as a direct
result of a specified terrorist activity.
(B) Spouses and children.--An alien is described in
this paragraph if the alien was, on September 10, 2001,
the spouse or child of--
(i) a principal alien described in
subparagraph (A); or
(ii) an alien who died as a direct result
of a specified terrorist activity.
(3) Authorized employment.--During the period in which a
principal alien or alien spouse is in lawful nonimmigrant
status under paragraph (1), the alien shall be provided an
``employment authorized'' endorsement or other appropriate
document signifying authorization of employment not later than
30 days after the alien requests such authorization.
(b) New Deadlines for Extension or Change of Nonimmigrant Status.--
(1) Filing delays.--In the case of an alien who was
lawfully present in the United States as a nonimmigrant on
September 10, 2001, if the alien was prevented from filing a
timely application for an extension or change of nonimmigrant
status as a direct result of a specified terrorist activity,
the alien's application shall be considered timely filed if it
is filed not later than 60 days after it otherwise would have
been due.
(2) Departure delays.--In the case of an alien who was
lawfully present in the United States as a nonimmigrant on
September 10, 2001, if the alien is unable timely to depart the
United States as a direct result of a specified terrorist
activity, the alien shall not be considered to have been
unlawfully present in the United States during the period
beginning on September 11, 2001, and ending on the date of the
alien's departure, if such departure occurs on or before
November 11, 2001.
(3) Special rule for aliens unable to return from abroad.--
(A) Principal aliens.--In the case of an alien who
was in a lawful nonimmigrant status on September 10,
2001, but who was not present in the United States on
such date, if the alien was prevented from returning to
the United States in order to file a timely application
for an extension of nonimmigrant status as a direct
result of a specified terrorist activity--
(i) the alien's application shall be
considered timely filed if it is filed not
later than 60 days after it otherwise would
have been due; and
(ii) the alien's lawful nonimmigrant status
shall be considered to continue until the later
of--
(I) the date such status otherwise
would have terminated if this
subparagraph had not been enacted; or
(II) the date that is 60 days after
the date on which the application
described in clause (i) otherwise would
have been due.
(B) Spouses and children.--In the case of an alien
who is the spouse or child of a principal alien
described in subparagraph (A), if the spouse or child
was in a lawful nonimmigrant status on September 10,
2001, the spouse or child may remain lawfully in the
United States in the same nonimmigrant status until the
later of--
(i) the date such lawful nonimmigrant
status otherwise would have terminated if this
subparagraph had not been enacted; or
(ii) the date that is 60 days after the
date on which the application described in
subparagraph (A) otherwise would have been due.
(c) Diversity Immigrants.--
(1) Waiver of fiscal year limitation.--Notwithstanding
section 203(e)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(e)(2)), an immigrant visa number issued to an alien
under section 203(c) of such Act for fiscal year 2001 may be
used by the alien during the period beginning on October 1,
2001, and ending on April 1, 2002, if the alien establishes
that the alien was prevented from using it during fiscal year
2001 as a direct result of a specified terrorist activity.
(2) Worldwide level.--In the case of an alien entering the
United States as a lawful permanent resident, or adjusting to
that status, under paragraph (1), the alien shall be counted as
a diversity immigrant for fiscal year 2001 for purposes of
section 201(e) of the Immigration and Nationality Act (8 U.S.C.
1151(e)), unless the worldwide level under such section for
such year has been exceeded, in which case the alien shall be
counted as a diversity immigrant for fiscal year 2002.
(3) Treatment of family members of certain aliens.--In the
case of a principal alien issued an immigrant visa number under
section 203(c) of the Immigration and Nationality Act (8 U.S.C.
1153(c)) for fiscal year 2001, if such principal alien died as
a direct result of a specified terrorist activity, the aliens
who were, on September 10, 2001, the spouse and children of
such principal alien shall, if not otherwise entitled to an
immigrant status and the immediate issuance of a visa under
subsection (a), (b), or (c) of section 203 of such Act, be
entitled to the same status, and the same order of
consideration, that would have been provided to such alien
spouse or child under section 203(d) of such Act if the
principal alien were not deceased.
(d) Extension of Expiration of Immigrant Visas.--Notwithstanding
the limitations under section 221(c) of the Immigration and Nationality
Act (8 U.S.C. 1201(c)), in the case of any immigrant visa issued to an
alien that expires or expired before December 31, 2001, if the alien
was unable to effect entry to the United States as a direct result of a
specified terrorist activity, then the period of validity of the visa
is extended until December 31, 2001, unless a longer period of validity
is otherwise provided under this subtitle.
(e) Grants of Parole Extended.--In the case of any parole granted
by the Attorney General under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a date on or
after September 11, 2001, if the alien beneficiary of the parole was
unable to return to the United States prior to the expiration date as a
direct result of a specified terrorist activity, the parole is deemed
extended for an additional 90 days.
(f) Voluntary Departure.--Notwithstanding section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c), if a period for
voluntary departure under such section expired during the period
beginning on September 11, 2001, and ending on October 11, 2001, such
voluntary departure period is deemed extended for an additional 30
days.
SEC. 213. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND
CHILDREN.
(a) Treatment as Immediate Relatives.--Notwithstanding the second
sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the
spouse of a citizen of the United States at the time of the citizen's
death and was not legally separated from the citizen at the time of the
citizen's death, if the citizen died as a direct result of a specified
terrorist activity, the alien (and each child of the alien) shall be
considered, for purposes of section 201(b) of such Act, to remain an
immediate relative after the date of the citizen's death, but only if
the alien files a petition under section 204(a)(1)(A)(ii) of such Act
within 2 years after such date and only until the date the alien
remarries.
(b) Spouses, Children, Unmarried Sons and Daughters of Lawful
Permanent Resident Aliens.--
(1) In general.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is included
in a petition for classification as a family-sponsored
immigrant under section 203(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such
alien before September 11, 2001, shall be considered (if the
spouse, child, son, or daughter has not been admitted or
approved for lawful permanent residence by such date) a valid
petitioner for preference status under such section with the
same priority date as that assigned prior to the death
described in paragraph (3)(A). No new petition shall be
required to be filed. Such spouse, child, son, or daughter may
be eligible for deferred action and work authorization.
(2) Self-petitions.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is not a
beneficiary of a petition for classification as a family-
sponsored immigrant under section 203(a)(2) of the Immigration
and Nationality Act may file a petition for such classification
with the Attorney General, if the spouse, child, son, or
daughter was present in the United States on September 11,
2001. Such spouse, child, son, or daughter may be eligible for
deferred action and work authorization.
(3) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a specified
terrorist activity; and
(B) on the day of such death, was lawfully admitted
for permanent residence in the United States.
(c) Applications for Adjustment of Status by Surviving Spouses and
Children of Employment-Based Immigrants.--
(1) In general.--Any alien who was, on September 10, 2001,
the spouse or child of an alien described in paragraph (2), and
who applied for adjustment of status prior to the death
described in paragraph (2)(A), may have such application
adjudicated as if such death had not occurred.
(2) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a specified
terrorist activity; and
(B) on the day before such death, was--
(i) an alien lawfully admitted for
permanent residence in the United States by
reason of having been allotted a visa under
section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status
to that of an alien described in clause (i),
and admissible to the United States for
permanent residence.
(d) Waiver of Public Charge Grounds.--In determining the
admissibility of any alien accorded an immigration benefit under this
section, the grounds for inadmissibility specified in section 212(a)(4)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not
apply.
SEC. 214. ``AGE-OUT'' PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), in the case of an alien--
(1) whose 21st birthday occurs in September 2001, and who
is the beneficiary of a petition or application filed under
such Act on or before September 11, 2001, the alien shall be
considered to be a child for 90 days after the alien's 21st
birthday for purposes of adjudicating such petition or
application; and
(2) whose 21st birthday occurs after September 2001, and
who is the beneficiary of a petition or application filed under
such Act on or before September 11, 2001, the alien shall be
considered to be a child for 45 days after the alien's 21st
birthday for purposes of adjudicating such petition or
application.
SEC. 215. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or to ensure family
unity, may provide temporary administrative relief to any alien who--
(1) was lawfully present in the United States on September
10, 2001;
(2) was on such date the spouse, parent, or child of an
individual who died or was disabled as a direct result of a
specified terrorist activity; and
(3) is not otherwise entitled to relief under any other
provision of this subtitle.
SEC. 216. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.
(a) In General.--The Attorney General shall establish appropriate
standards for evidence demonstrating, for purposes of this subtitle,
that any of the following occurred as a direct result of a specified
terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage to, or
destruction of, a business.
(b) Waiver of Regulations.--The Attorney General shall carry out
subsection (a) as expeditiously as possible. The Attorney General is
not required to promulgate regulations prior to implementing this
subtitle.
SEC. 217. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF TERRORISTS.
Notwithstanding any other provision of this subtitle, nothing in
this subtitle shall be construed to provide any benefit or relief to--
(1) any individual culpable for a specified terrorist
activity; or
(2) any family member of any individual described in
paragraph (1).
SEC. 218. DEFINITIONS.
(a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this subtitle, the
definitions used in the Immigration and Nationality Act (excluding the
definitions applicable exclusively to title III of such Act) shall
apply in the administration of this subtitle.
(b) Specified Terrorist Activity.--For purposes of this subtitle,
the term ``specified terrorist activity'' means any terrorist activity
conducted against the Government or the people of the United States on
September 11, 2001.
TITLE III--CRIMINAL JUSTICE
Subtitle A--Substantive Criminal Law
SEC. 301. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM OFFENSES.
(a) In General.--Section 3286 of title 18, United States Code, is
amended to read as follows:
``Sec. 3286. Terrorism offenses
``(a) An indictment may be found or an information instituted at
any time without limitation for any Federal terrorism offense or any of
the following offenses:
``(1) A violation of, or an attempt or conspiracy to
violate, section 32 (relating to destruction of aircraft or
aircraft facilities), 37(a)(1) (relating to violence at
international airports), 175 (relating to biological weapons),
229 (relating to chemical weapons), 351(a)-(d) (relating to
congressional, cabinet, and Supreme Court assassination and
kidnaping), 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 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:
``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.''.
TITLE IV--FINANCIAL INFRASTRUCTURE
SEC. 401. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ``or 2339B'' after ``2339A''.
SEC. 402. MATERIAL SUPPORT FOR TERRORISM.
Section 2339A of title 18, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
``A violation of this section may be prosecuted in any Federal
judicial district in which the underlying offense was
committed, or in any other Federal judicial district as
provided by law.''; and
(2) in subsection (b), by striking ``or other financial
securities'' and inserting ``or monetary instruments or
financial securities''.
SEC. 403. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is amended by
inserting after subparagraph (F) the following:
``(G) All assets, foreign or domestic--
``(i) of any person, entity, or organization
engaged in planning or perpetrating any act of domestic
terrorism or international terrorism (as defined in
section 2331) against the United States, citizens or
residents of the United States, or their property, and
all assets, foreign or domestic, affording any person a
source of influence over any such entity or
organization;
``(ii) acquired or maintained by any person for the
purpose of supporting, planning, conducting, or
concealing an act of domestic terrorism or
international terrorism (as defined in section 2331)
against the United States, citizens or residents of the
United States, or their property; or
``(iii) derived from, involved in, or used or
intended to be used to commit any act of domestic
terrorism or international terrorism (as defined in
section 2331) against the United States, citizens or
residents of the United States, or their property.''.
SEC. 404. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL
SUPPORT TO TERRORISM.
No provision of title IX of Public Law 106-387 shall be understood
to limit or otherwise affect section 2339A or 2339B of title 18, United
States Code.
SEC. 405. DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL
SECURITY INVESTIGATIONS.
(a) Disclosure Without a Request of Information Relating to
Terrorist Activities, Etc.--Paragraph (3) of section 6103(i) of the
Internal Revenue Code of 1986 (relating to disclosure of return
information to apprise appropriate officials of criminal activities or
emergency circumstances) is amended by adding at the end the following
new subparagraph:
``(C) Terrorist activities, etc.--
``(i) In general.--Except as provided in
paragraph (6), the Secretary may disclose in
writing return information (other than taxpayer
return information) that may be related to a
terrorist incident, threat, or activity to the
extent necessary to apprise the head of the
appropriate Federal law enforcement agency
responsible for investigating or responding to
such terrorist incident, threat, or activity.
The head of the agency may disclose such return
information to officers and employees of such
agency to the extent necessary to investigate
or respond to such terrorist incident, threat,
or activity.
``(ii) Disclosure to the department of
justice.--Returns and taxpayer return
information may also be disclosed to the
Attorney General under clause (i) to the extent
necessary for, and solely for use in preparing,
an application under paragraph (7)(D).
``(iii) Taxpayer identity.--For purposes of
this subparagraph, a taxpayer's identity shall
not be treated as taxpayer return information.
``(iv) Termination.--No disclosure may be
made under this subparagraph after December 31,
2003.''.
(b) Disclosure Upon Request of Information Relating to Terrorist
Activities, Etc.--Subsection (i) of section 6103 of such Code (relating
to disclosure to Federal officers or employees for administration of
Federal laws not relating to tax administration) is amended by
redesignating paragraph (7) as paragraph (8) and by inserting after
paragraph (6) the following new paragraph:
``(7) Disclosure upon request of information relating to
terrorist activities, etc.--
``(A) Disclosure to law enforcement agencies.--
``(i) In general.--Except as provided in
paragraph (6), upon receipt by the Secretary of
a written request which meets the requirements
of clause (iii), the Secretary may disclose
return information (other than taxpayer return
information) to officers and employees of any
Federal law enforcement agency who are
personally and directly engaged in the response
to or investigation of terrorist incidents,
threats, or activities.
``(ii) Disclosure to state and local law
enforcement agencies.--The head of any Federal
law enforcement agency may disclose return
information obtained under clause (i) to
officers and employees of any State or local
law enforcement agency but only if such agency
is part of a team with the Federal law
enforcement agency in such response or
investigation and such information is disclosed
only to officers and employees who are
personally and directly engaged in such
response or investigation.
``(iii) Requirements.--A request meets the
requirements of this clause if--
``(I) the request is made by the
head of any Federal law enforcement
agency (or his delegate) involved in
the response to or investigation of
terrorist incidents, threats, or
activities, and
``(II) the request sets forth the
specific reason or reasons why such
disclosure may be relevant to a
terrorist incident, threat, or
activity.
``(iv) Limitation on use of information.--
Information disclosed under this subparagraph
shall be solely for the use of the officers and
employees to whom such information is disclosed
in such response or investigation.
``(B) Disclosure to intelligence agencies.--
``(i) In general.--Except as provided in
paragraph (6), upon receipt by the Secretary of
a written request which meets the requirements
of clause (ii), the Secretary may disclose
return information (other than taxpayer return
information) to those officers and employees of
the Department of Justice, the Department of
the Treasury, and other Federal intelligence
agencies who are personally and directly
engaged in the collection or analysis of
intelligence and counterintelligence
information or investigation concerning
terrorists and terrorist organizations and
activities. For purposes of the preceding
sentence, the information disclosed under the
preceding sentence shall be solely for the use
of such officers and employees in such
investigation, collection, or analysis.
``(ii) Requirements.--A request meets the
requirements of this subparagraph if the
request--
``(I) is made by an individual
described in clause (iii), and
``(II) sets forth the specific
reason or reasons why such disclosure
may be relevant to a terrorist
incident, threat, or activity.
``(iii) Requesting individuals.--An
individual described in this subparagraph is an
individual--
``(I) who is an officer or employee
of the Department of Justice or the
Department of the Treasury who is
appointed by the President with the
advice and consent of the Senate or who
is the Director of the United States
Secret Service, and
``(II) who is responsible for the
collection and analysis of intelligence
and counterintelligence information
concerning terrorists and terrorist
organizations and activities.
``(iv) Taxpayer identity.--For purposes of
this subparagraph, a taxpayer's identity shall
not be treated as taxpayer return information.
``(C) Disclosure under ex parte orders.--
``(i) In general.--Except as provided in
paragraph (6), any return or return information
with respect to any specified taxable period or
periods shall, pursuant to and upon the grant
of an ex parte order by a Federal district
court judge or magistrate under clause (ii), be
open (but only to the extent necessary as
provided in such order) to inspection by, or
disclosure to, officers and employees of any
Federal law enforcement agency or Federal
intelligence agency who are personally and
directly engaged in any investigation, response
to, or analysis of intelligence and
counterintelligence information concerning any
terrorist activity or threats. Return or return
information opened pursuant to the preceding
sentence shall be solely for the use of such
officers and employees in the investigation,
response, or analysis, and in any judicial,
administrative, or grand jury proceedings,
pertaining to any such terrorist activity or
threat.
``(ii) Application for order.--The Attorney
General, the Deputy Attorney General, the
Associate Attorney General, any Assistant
Attorney General, or any United States attorney
may authorize an application to a Federal
district court judge or magistrate for the
order referred to in clause (i). Upon such
application, such judge or magistrate may grant
such order if he determines on the basis of the
facts submitted by the applicant that--
``(I) there is reasonable cause to
believe, based upon information
believed to be reliable, that the
taxpayer whose return or return
information is to be disclosed may be
connected to a terrorist activity or
threat,
``(II) there is reasonable cause to
believe that the return or return
information may be relevant to a matter
relating to such terrorist activity or
threat, and
``(III) the return or return
information is sought exclusively for
use in a Federal investigation,
analysis, or proceeding concerning
terrorist activity, terrorist threats,
or terrorist organizations.
``(D) Special rule for ex parte disclosure by the
irs.--
``(i) In general.--Except as provided in
paragraph (6), the Secretary may authorize an
application to a Federal district court judge
or magistrate for the order referred to in
subparagraph (C)(i). Upon such application,
such judge or magistrate may grant such order
if he determines on the basis of the facts
submitted by the applicant that the
requirements of subclauses (I) and (II) of
subparagraph (C)(ii) are met.
``(ii) Limitation on use of information.--
Information disclosed under clause (i)--
``(I) may be disclosed only to the
extent necessary to apprise the head of
the appropriate Federal law enforcement
agency responsible for investigating or
responding to a terrorist incident,
threat, or activity, and
``(II) shall be solely for use in a
Federal investigation, analysis, or
proceeding concerning terrorist
activity, terrorist threats, or
terrorist organizations.
The head of such Federal agency may disclose
such information to officers and employees of
such agency to the extent necessary to
investigate or respond to such terrorist
incident, threat, or activity.
``(E) Termination.--No disclosure may be made under
this paragraph after December 31, 2003.''.
(c) Conforming Amendments.--
(1) Section 6103(a)(2) of such Code is amended by inserting
``any local law enforcement agency receiving information under
subsection (i)(7)(A),'' after ``State,''.
(2) The heading of section 6103(i)(3) of such Code is
amended by inserting ``or terrorist'' after ``criminal''.
(3) Paragraph (4) of section 6103(i) of such Code is
amended--
(A) in subparagraph (A) by inserting ``or (7)(C)''
after ``paragraph (1)'', and
(B) in subparagraph (B) by striking ``or (3)(A)''
and inserting ``(3)(A) or (C), or (7)''.
(4) Paragraph (6) of section 6103(i) of such Code is
amended--
(A) by striking ``(3)(A)'' and inserting ``(3)(A)
or (C), and
(B) by striking ``or (7)'' and inserting ``(7), or
(8)''.
(5) Section 6103(p)(3) of such Code is amended--
(A) in subparagraph (A) by striking ``(7)(A)(ii)''
and inserting ``(8)(A)(ii)'', and
(B) in subparagraph (C) by striking
``(i)(3)(B)(i)'' and inserting ``(i)(3)(B)(i) or
(7)(A)(ii)''.
(6) Section 6103(p)(4) of such Code is amended--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``or (5),'' the first place
it appears and inserting ``(5), or (7),'', and
(ii) by striking ``(i)(3)(B)(i),'' and
inserting ``(i)(3)(B)(i) or (7)(A)(ii),'', and
(B) in subparagraph (F)(ii) by striking ``or (5),''
the first place it appears and inserting ``(5) or
(7),''.
(7) Section 6103(p)(6)(B)(i) of such Code is amended by
striking ``(i)(7)(A)(ii)'' and inserting ``(i)(8)(A)(ii)''.
(8) Section 7213(a)(2) of such Code is amended by striking
``(i)(3)(B)(i),'' and inserting ``(i)(3)(B)(i) or
(7)(A)(ii),''.
(e) Effective Date.--The amendments made by this section shall
apply to disclosures made on or after the date of the enactment of this
Act.
SEC. 406. EXTRATERRITORIAL JURISDICTION.
Section 1029 of title 18, United States Code, is amended by adding
at the end the following:
``(h) Any person who, outside the jurisdiction of the United
States, engages in any act that, if committed within the jurisdiction
of the United States, would constitute an offense under subsection (a)
or (b) of this section, shall be subject to the fines, penalties,
imprisonment, and forfeiture provided in this title if--
``(1) the offense involves an access device issued, owned,
managed, or controlled by a financial institution, account
issuer, credit card system member, or other entity within the
jurisdiction of the United States; and
``(2) the person transports, delivers, conveys, transfers
to or through, or otherwise stores, secrets, or holds within
the jurisdiction of the United States, any article used to
assist in the commission of the offense or the proceeds of such
offense or property derived therefrom.''.
TITLE V--EMERGENCY AUTHORIZATIONS
SEC. 501. OFFICE OF JUSTICE PROGRAMS.
(a) In connection with the airplane hijackings and terrorist acts
(including, without limitation, any related search, rescue, relief,
assistance, or other similar activities) that occurred on September 11,
2001, in the United States, amounts transferred to the Crime Victims
Fund from the Executive Office of the President or funds appropriated
to the President shall not be subject to any limitation on obligations
from amounts deposited or available in the Fund.
(b) Section 112 of title I of section 101(b) of division A of
Public Law 105-277 and section 108(a) of 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 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.
<all>
Committee on Ways and Means discharged.
House Committee on Intelligence (Permanent) Granted an extension for further consideration ending not later than Oct. 12, 2001.
Rules Committee Resolution H. Res. 264 Reported to House. Rule provides for consideration of H.R. 2975 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendment recommended by the Committee on the Judiciary now printed in the bill, an amendment in the nature of a substitute consisting of the text of H.R. 3108 shall be considered as adopted. Measure will be considered read. Bill is closed to amendments.
Rule H. Res. 264 passed House.
ORDER FOR MODIFICATION - Ms. Waters asked unanimous consent that during consideration of H.R. 2975 pursuant to H. Res. 264, the amendment considered as adopted pursuant to that rule be modified by striking section 1001 and renumbering the remaining section accordingly. Agreed to without objection.
Considered under the provisions of rule H. Res. 264. (consideration: CR H6726-6776; text of measure as reported in House: CR H6726-6739)
Rule provides for consideration of H.R. 2975 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendment recommended by the Committee on the Judiciary now printed in the bill, an amendment in the nature of a substitute consisting of the text of H.R. 3108 shall be considered as adopted. Measure will be considered read. Bill is closed to amendments.
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DEBATE - The House proceeded with one hour of debate on H.R. 2975.
ORDER FOR MODIFICATION - Mr. Sensenbrenner asked unanimous consent that during consideration of H.R. 2975 pursuant to H. Res. 264, the amendment considered as adopted pursuant to that rule be further modified by striking sections 302, 303, and 304. Agreed to without objection. (consideration: CR H6773)
The previous question was ordered pursuant to the rule.
Mr. Nadler moved to recommit with instructions to Judiciary.
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions, equally divided and controlled. The instructions contained in the motion limit the scope of provisions of the bill to only terrorism and terrorism related investigations.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by the Yeas and Nays: 73 - 345 (Roll no. 385). (consideration: CR H6773-6775; text: CR H6773-6775)
Roll Call #385 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 337 - 79, 1 Present (Roll no. 386).(text: CR H6739-6758)
Roll Call #386 (House)On passage Passed by the Yeas and Nays: 337 - 79, 1 Present (Roll no. 386). (text: CR H6739-6758)
Roll Call #386 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2975.
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 198.