HR 2975 RH
107th CONGRESS
1st Session
H. R. 2975
[Report No. 107-236, Part I]
To combat terrorism, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 2, 2001
Mr. SENSENBRENNER (for himself, Mr. CONYERS, Mr. HYDE, Mr. COBLE, Mr.
GOODLATTE, Mr. JENKINS, Ms. JACKSON-LEE of Texas, Mr. CANNON, Mr. MEEHAN, Mr.
GRAHAM, Mr. BACHUS, Mr. WEXLER, Mr. HOSTETTLER, Mr. KELLER, Mr. ISSA, Ms. HART,
Mr. FLAKE, Mr. SCHIFF, Mr. THOMAS, Mr. GOSS, Mr. RANGEL, Mr. BERMAN, and Ms.
LOFGREN) introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Intelligence (Permanent
Select), International Relations, Resources, and Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
October 11, 2001
Additional sponsors: Mr. DELAHUNT, Mr. WEINER, Mr. FRANK, and Mr. SMITH of
Texas
October 11, 2001
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in
italic]
October 11, 2001
Committees on International Relations, Resources, and Ways and Means
discharged
October 11, 2001
Referral to the Permanent Select Committee on Intelligence extended for a
period ending not later than October 12, 2001
[For text of introduced bill, see copy of bill as introduced on October
2, 2001]
A BILL
To combat terrorism, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Provide Appropriate Tools Required to
Intercept and Obstruct Terrorism (PATRIOT) Act of 2001'.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 2. Table of contents.
Sec. 3. Construction; severability.
TITLE I--INTELLIGENCE GATHERING
Subtitle A--Electronic Surveillance
Sec. 101. Modification of authorities relating to use of pen
registers and trap and trace devices.
Sec. 102. Seizure of voice-mail messages pursuant to
warrants.
Sec. 103. Authorized disclosure.
Sec. 104. Savings provision.
Sec. 105. Interception of computer trespasser
communications.
Sec. 106. Technical amendment.
Sec. 107. Scope of subpoenas for records of electronic
communications.
Sec. 108. Nationwide service of search warrants for electronic
evidence.
Sec. 109. Clarification of scope.
Sec. 110. Emergency disclosure of electronic communications to
protect life and limb.
Sec. 111. Use as evidence.
Sec. 112. Reports concerning the disclosure of the contents of
electronic communications.
Subtitle B--Foreign Intelligence Surveillance and Other
Information
Sec. 151. Period of orders of electronic surveillance of non-United
States persons under foreign intelligence surveillance.
Sec. 152. Multi-point authority.
Sec. 153. Foreign intelligence information.
Sec. 154. Foreign intelligence information sharing.
Sec. 155. Pen register and trap and trace authority.
Sec. 156. Business records.
Sec. 157. Miscellaneous national-security authorities.
Sec. 158. Proposed legislation.
Sec. 159. Presidential authority.
Sec. 160. Clarification of no technology mandates.
Sec. 161. Civil liability for certain unauthorized
disclosures.
TITLE II--ALIENS ENGAGING IN TERRORIST ACTIVITY
Subtitle A--Detention and Removal of Aliens Engaging in Terrorist
Activity
Sec. 201. Changes in classes of aliens who are ineligible for
admission and deportable due to terrorist activity.
Sec. 202. Changes in designation of foreign terrorist
organizations.
Sec. 203. Mandatory detention of suspected terrorists; habeas
corpus; judicial review.
Sec. 204. Changes in conditions for granting asylum.
Sec. 205. Multilateral cooperation against terrorists.
Sec. 206. Requiring sharing by the Federal bureau of investigation
of certain criminal record extracts with other Federal agencies in order to
enhance border security.
Sec. 207. Inadmissibility of aliens engaged in money
laundering.
Sec. 208. Program to collect information relating to nonimmigrant
foreign students and other exchange program participants.
Sec. 209. Protection of northern border.
Subtitle B--Preservation of Immigration Benefits for Victims of
Terrorism
Sec. 211. Special immigrant status.
Sec. 212. Extension of filing or reentry deadlines.
Sec. 213. Humanitarian relief for certain surviving spouses and
children.
Sec. 214. `Age-out' protection for children.
Sec. 215. Temporary administrative relief.
Sec. 216. Evidence of death, disability, or loss of
employment.
Sec. 217. No benefits to terrorists or family members of
terrorists.
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.
Subtitle B--Criminal Procedure
Sec. 351. Single-jurisdiction search warrants for
terrorism.
Sec. 352. DNA identification of terrorists.
Sec. 353. Grand jury matters.
Sec. 354. Extraterritoriality.
Sec. 355. Jurisdiction over crimes committed at United States
facilities abroad.
Sec. 356. Special agent authorities.
TITLE IV--FINANCIAL INFRASTRUCTURE
Sec. 401. Laundering the proceeds of terrorism.
Sec. 402. Material support for terrorism.
Sec. 403. Assets of terrorist organizations.
Sec. 404. Technical clarification relating to provision of material
support to terrorism.
Sec. 405. Disclosure of tax information in terrorism and national
security investigations.
Sec. 406. Extraterritorial jurisdiction.
TITLE V--EMERGENCY AUTHORIZATIONS
Sec. 501. Office of Justice programs.
Sec. 502. Attorney General's authority to pay rewards.
Sec. 503. Limited authority to pay overtime.
Sec. 504. Department of State reward authority.
Sec. 505. Authorization of funds for DEA police training in South
and Central Asia.
Sec. 506. Public safety officer benefits.
TITLE VI--DAM SECURITY
Sec. 601. Security of reclamation dams, facilities, and
resources.
TITLE VII--MISCELLANEOUS
Sec. 701. Employment of translators by the Federal Bureau of
Investigation.
Sec. 702. Review of the Department of Justice.
Sec. 703. Feasibility study on use of biometric identifier scanning
system with access to the FBI integrated automated fingerprint
identification system at overseas consular posts and points of entry to the
United States.
Sec. 704. Study of access.
Sec. 705. Enforcement of certain anti-terrorism
judgments.
TITLE VIII--PRIVATE SECURITY OFFICER QUALITY ASSURANCE
Sec. 803. Background checks.
Sec. 804. Sense of Congress.
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'.
(1) IN GENERAL- Subsection (a) of section 3123 of title 18, United
States Code, is amended to read as follows:
`(1) Upon an application made under section 3122(a)(1), the court
shall enter an ex parte order authorizing the installation and use of a pen
register or trap and trace device anywhere within the United States, if the
court finds that the attorney for the Government has certified to the court
that the information likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation. The order shall, upon service
thereof, apply to any person or entity providing wire or electronic
communication service in the United States whose assistance may facilitate
the execution of the order. Whenever such an order is served on any person
or entity not specifically named in the order, upon request of such person
or entity, the attorney for the Government or law enforcement or
investigative officer that is serving the order shall provide written or
electronic certification that the assistance of the person or entity being
served is related to the order.
`(2) Upon an application made under section 3122(a)(2), the court
shall enter an ex parte order authorizing the installation and use of a pen
register or trap and trace device within the jurisdiction of the court, if
the court finds that the State law-enforcement or investigative officer has
certified to the court that the information likely to be obtained by such
installation and use is relevant to an ongoing criminal
investigation.'.
(2) CONTENTS OF ORDER- Subsection (b)(1) of section 3123 of title
18, United States Code, is amended--
(A) in subparagraph (A)--
(i) by inserting `or other facility' after `telephone line';
and
(ii) by inserting before the semicolon at the end `or applied';
and
(B) by striking subparagraph (C) and inserting the
following:
`(C) the attributes of the communications to which the order
applies, including the number or other identifier and, if known, the
location of the telephone line or other facility to which the pen register
or trap and trace device is to be attached or applied, and, in the case of
an order authorizing installation and use of a trap and trace device under
subsection (a)(2), the geographic limits of the order; and'.
(3) NONDISCLOSURE REQUIREMENTS- Subsection (d)(2) of section 3123 of
title 18, United States Code, is amended--
(A) by inserting `or other facility' after `the line';
and
(B) by striking `, or who has been ordered by the court' and
inserting `or applied, or who is obligated by the order'.
(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--
(A) in paragraph (1), by striking all the words after `commerce';
and
(B) in paragraph (14), by inserting `wire or' after `transmission
of'; and
(A) in the headings for subsections (a) and (b), by striking
`CONTENTS OF ELECTRONIC' and inserting `CONTENTS OF WIRE OR
ELECTRONIC';
(B) in subsection (a), by striking `contents of an electronic' and
inserting `contents of a wire or electronic' each place it appears;
and
(C) in subsection (b), by striking `any electronic' and inserting
`any wire or electronic' each place it appears.
SEC. 103. AUTHORIZED DISCLOSURE.
Section 2510(7) of title 18, United States Code, is amended by
inserting `, and (for purposes only of section 2517 as it relates to foreign
intelligence information as that term is defined in section 101(e) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(e))) any Federal
law enforcement, intelligence, national security, national defense,
protective, immigration personnel, or the President or Vice President of the
United States' after `such offenses'.
SEC. 104. SAVINGS PROVISION.
Section 2511(2)(f) of title 18, United States Code, is
amended--
(1) by striking `or chapter 121' and inserting `, chapter 121, or
chapter 206'; and
(2) by striking `wire and oral' and inserting `wire, oral, and
electronic'.
SEC. 105. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended--
(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:
`(iii) local and long distance telephone connection records, or
records of session times and durations;
`(iv) length of service (including start date) and types of service
utilized;
`(v) telephone or instrument number or other subscriber number or
identity, including any temporarily assigned network address; and
`(vi) means and source of payment (including any credit card or bank
account number);
(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
(A) in paragraph (1), by striking `and';
(B) in paragraph (2), by striking the period and inserting `;
and'; and
(C) by adding the following new paragraph at the
end:
`(3) the term `court of competent jurisdiction' has the meaning
given that term in section 3127, and includes any Federal court within that
definition, without geographic limitation.'.
SEC. 109. CLARIFICATION OF SCOPE.
Section 2511(2) of title 18, United States Code, as amended by section
105(2) of this Act, is further amended by adding at the end the
following:
`(j) With respect to a voluntary or obligatory disclosure of
information (other than information revealing customer cable viewing activity)
under this chapter, chapter 121, or chapter 206, subsections (c)(2)(B) and (h)
of section 631 of the Communications Act of 1934 do not apply.'.
SEC. 110. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT
LIFE AND LIMB.
(a) Section 2702 of title 18, United States Code, is amended--
(1) by amending the heading to read as follows:
`Sec. 2702. Voluntary disclosure of customer communications or records'
;
(2) in subsection (a)(2)(B) by striking the period and inserting `;
and';
(3) in subsection (a), by inserting after paragraph (2) the
following:
`(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly divulge a record or
other information pertaining to a subscriber to or customer of such service
(not including the contents of communications covered by paragraph (1) or
(2)) to any governmental entity.';
(4) in subsection (b), by striking `EXCEPTIONS- A person or entity'
and inserting `EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS- A provider
described in subsection (a)';
(5) in subsection (b)(6)--
(A) in subparagraph (A)(ii), by striking `or';
(B) in subparagraph (B), by striking the period and inserting `;
or';
(C) by inserting after subparagraph (B) the
following:
`(C) if the provider reasonably believes that an emergency
involving immediate danger of death or serious physical injury to any
person requires disclosure of the information without delay.';
and
(6) by inserting after subsection (b) the following:
`(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS- A provider
described in subsection (a) may divulge a record or other information
pertaining to a subscriber to or customer of such service (not including the
contents of communications covered by subsection (a)(1) or (a)(2))--
`(1) as otherwise authorized in section 2703;
`(2) with the lawful consent of the customer or
subscriber;
`(3) as may be necessarily incident to the rendition of the service
or to the protection of the rights or property of the provider of that
service;
`(4) to a governmental entity, if the provider reasonably believes
that an emergency involving immediate danger of death or serious physical
injury to any person justifies disclosure of the information; or
`(5) to any person other than a governmental entity.'.
(b) Section 2703 of title 18, United States Code, is amended--
(1) so that the section heading reads as follows:
`Sec. 2703. Required disclosure of customer communications or
records';
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking `Except' and all that follows
through `only when' in subparagraph (B) and inserting `A governmental
entity may require a provider of electronic communication service or
remote computing service to disclose a record or other information
pertaining to a subscriber to or customer of such service (not including
the contents of communications) only when';
(B) by striking `or' at the end of clause (iii) of subparagraph
(B);
(C) by striking the period at the end of clause (iv) of
subparagraph (B) and inserting `; or';
(D) by inserting after clause (iv) of subparagraph (B) the
following:
`(v) seeks information pursuant to subparagraph (B).';
(E) in subparagraph (C), by striking `(B)' and inserting `(A)';
and
(F) by redesignating subparagraph (C) as subparagraph (B);
and
(3) in subsection (e), by striking `or certification' and inserting
`certification, or statutory authorization'.
(c) The table of sections at the beginning of chapter 121 of title 18,
United States Code, is amended so that the items relating to sections 2702
through 2703 read as follows:
`2702. Voluntary disclosure of customer communications or
records.
`2703. Required disclosure of customer communications or
records.'.
SEC. 111. USE AS EVIDENCE.
(a) IN GENERAL- Section 2515 of title 18, United States Code, is
amended--
(1) by striking `wire or oral' in the heading and inserting
`wire, oral, or electronic';
(2) by striking `Whenever any wire or oral communication has been
intercepted' and inserting `(a) Except as provided in subsection (b),
whenever any wire, oral, or electronic communication has been intercepted,
or any electronic communication in electronic storage has been
disclosed';
(3) by inserting `or chapter 121' after `this chapter';
and
(4) by adding at the end the following:
`(b) Subsection (a) does not apply to the disclosure, before a grand
jury or in a criminal trial, hearing, or other criminal proceeding, of the
contents of a communication, or evidence derived therefrom, against a person
alleged to have intercepted, used, or disclosed the communication in violation
of this chapter, or chapter 121, or participated in such violation.'.
(b) SECTION 2517- Paragraphs (1) and (2) of section 2517 are each
amended by inserting `or under the circumstances described in section 2515(b)'
after `by this chapter'.
(c) SECTION 2518- Section 2518 of title 18, United States Code, is
amended--
(1) in subsection (7), by striking `subsection (d)' and inserting
`subsection (8)(d)'; and
(i) by striking `or oral' each place it appears and inserting `,
oral, or electronic';
(ii) by striking the period at the end of clause (iii) and
inserting a semicolon; and
(iii) by inserting `except that no suppression may be ordered
under the circumstances described in section 2515(b).' before `Such
motion'; and
(B) by striking paragraph (c).
(d) CLERICAL AMENDMENT- The item relating to section 2515 in the table
of sections at the beginning of chapter 119 of title 18, United States Code,
is amended to read as follows:
`2515. Prohibition of use as evidence of intercepted wire, oral, or
electronic communications.'.
SEC. 112. REPORTS CONCERNING THE DISCLOSURE OF THE CONTENTS OF
ELECTRONIC COMMUNICATIONS.
Section 2703 of title 18, United States Code, is amended by adding at
the end the following:
`(g) REPORTS CONCERNING THE DISCLOSURE OF THE CONTENTS OF ELECTRONIC
COMMUNICATIONS-
`(1) By January 31 of each calendar year, the judge issuing or
denying an order, warrant, or subpoena, or the authority issuing or denying
a subpoena, under subsection (a) or (b) of this section during the preceding
calendar year shall report on each such order, warrant, or subpoena to the
Administrative Office of the United States Courts--
`(A) the fact that the order, warrant, or subpoena was applied
for;
`(B) the kind of order, warrant, or subpoena applied
for;
`(C) the fact that the order, warrant, or subpoena was granted as
applied for, was modified, or was denied;
`(D) the offense specified in the order, warrant, subpoena, or
application;
`(E) the identity of the agency making the application;
and
`(F) the nature of the facilities from which or the place where
the contents of electronic communications were to be
disclosed.
`(2) In January of each year the Attorney General or an Assistant
Attorney General specially designated by the Attorney General shall report
to the Administrative Office of the United States Courts--
`(A) the information required by subparagraphs (A) through (F) of
paragraph (1) of this subsection with respect to each application for an
order, warrant, or subpoena made during the preceding calendar year;
and
`(B) a general description of the disclosures made under each such
order, warrant, or subpoena, including--
`(i) the approximate number of all communications disclosed and,
of those, the approximate number of incriminating communications
disclosed;
`(ii) the approximate number of other communications disclosed;
and
`(iii) the approximate number of persons whose communications
were disclosed.
`(3) In June of each year, beginning in 2003, the Director of the
Administrative Office of the United States Courts shall transmit to the
Congress a full and complete report concerning the number of applications
for orders, warrants, or subpoenas authorizing or requiring the disclosure
of the contents of electronic communications pursuant to subsections (a) and
(b) of this section and the number of orders, warrants, or subpoenas granted
or denied pursuant to subsections (a) and (b) of this section during the
preceding calendar year. Such report shall include a summary and analysis of
the data required to be filed with the Administrative Office by paragraphs
(1) and (2) of this subsection. The Director of the Administrative Office of
the United States Courts is authorized to issue binding regulations dealing
with the content and form of the reports required to be filed by paragraphs
(1) and (2) of this subsection.'.
Subtitle B--Foreign Intelligence Surveillance and Other
Information
SEC. 151. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-UNITED
STATES PERSONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE.
(a) INCLUDING AGENTS OF A FOREIGN POWER- (1) Section 105(e)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is
amended by inserting `or an agent of a foreign power, as defined in section
101(b)(1)(A),' after `or (3),'.
(2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is amended by
inserting `or an agent of a foreign power, as defined in section
101(b)(1)(A),' after `101(a),'.
(b) PERIOD OF ORDER- Such section 304(d)(1) is further amended by
striking `forty-five' and inserting `90'.
SEC. 152. MULTI-POINT AUTHORITY.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting `, or, in circumstances
where the Court finds that the actions of the target of the electronic
surveillance may have the effect of thwarting the identification of a
specified person, such other persons,' after `specified person'.
SEC. 153. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and 303(a)(7)(B) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)(B), 1823(a)(7)(B)) are each
amended by striking `that the' and inserting `that a significant'.
SEC. 154. FOREIGN INTELLIGENCE INFORMATION SHARING.
It shall be lawful for foreign intelligence information (as that term
is defined in section 101(e) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801(e)) obtained as part of a criminal investigation
(including information obtained pursuant to chapter 119 of title 18, United
States Code) to be provided to any Federal law-enforcement-, intelligence-,
protective-, national-defense, or immigration personnel, or the President or
the Vice President of the United States, for the performance of official
duties.
SEC. 155. PEN REGISTER AND TRAP AND TRACE AUTHORITY.
Section 402(c) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1842(c)) is amended--
(1) in paragraph (1), by adding `and' at the end;
(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--
`(A) a judge of the court established by section 103(a) of this
Act; or
`(B) a United States magistrate judge under chapter 43 of title
28, United States Code, who is publicly designated by the Chief Justice of
the United States to have the power to hear applications and grant orders
for the release of records under this section on behalf of a judge of that
court; and
`(2) shall specify that the records concerned are sought for an
investigation described in subsection (a).
`(c)(1) Upon application made pursuant to this section, the judge
shall enter an ex parte order as requested requiring the production the
tangible things sought if the judge finds that the application satisfies the
requirements of this section.
`(2) An order under this subsection shall not disclose that it is
issued for purposes of an investigation described in subsection (a).
`(d) A person who, in good faith, produces tangible things under an
order issued pursuant to this section shall not be liable to any other person
for such production. Such production shall not be deemed to constitute a
waiver of any privilege in any other proceeding or context.'.
(b) CONFORMING AMENDMENTS- (1) Section 502 of such Act (50 U.S.C.
1862) is repealed.
(2) Section 503 of such Act (50 U.S.C. 1863) is redesignated as
section 502.
(c) CLERICAL AMENDMENT- The table of contents at the beginning of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by striking the items relating to title V and inserting the
following:
`TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
`Sec. 501. Access to certain business records for foreign
intelligence and international terrorism investigations.
`Sec. 502. Congressional oversight.'.
SEC. 157. MISCELLANEOUS NATIONAL-SECURITY AUTHORITIES.
(a) Section 2709(b) of title 18, United States Code, is
amended--
(A) by inserting `, or electronic communication transactional
records' after `toll billing records'; and
(B) by striking `made that' and all that follows through the end
of such paragraph and inserting `made that the name, address, length of
service, and toll billing records sought are relevant to an authorized
foreign counterintelligence investigation; and'; and
(2) in paragraph (2), by striking `made that' and all that follows
through the end of such paragraph and inserting `made that the information
sought is relevant to an authorized foreign counterintelligence
investigation.'.
(b) Section 624 of the Fair Credit Reporting Act (Public Law 90-321;
15 U.S.C. 1681u), as added by section 601(a) of the Intelligence Authorization
Act for Fiscal Year 1996 (Public Law 104-93; 110 Stat. 974), is
amended--
(1) in subsection (a), by striking `writing that' and all that
follows through the end and inserting `writing that such information is
necessary for the conduct of an authorized foreign counterintelligence
investigation.';
(2) in subsection (b), by striking `writing that' and all that
follows through the end and inserting `writing that such information is
necessary for the conduct of an authorized foreign counterintelligence
investigation.'; and
(3) in subsection (c), by striking `camera that' and all that
follows through `States.' and inserting `camera that the consumer report is
necessary for the conduct of an authorized foreign counterintelligence
investigation.'.
SEC. 158. PROPOSED LEGISLATION.
Not later than August 31, 2003, the President shall propose
legislation relating to the provisions set to expire by section 160 of this
Act as the President may judge necessary and expedient.
SEC. 159. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) is amended in subsection (a)(1)--
(1) in subparagraph (A)--
(A) in clause (ii), by adding `or' after `thereof,';
and
(B) by striking clause (iii) and inserting the
following:
`(iii) the importing or exporting of currency or
securities,
by any person, or with respect to any property, subject to the
jurisdiction of the United States;';
(2) by striking after subparagraph (B), `by any person, or with
respect to any property, subject to the jurisdiction of the United
States.';
(3) in subparagraph (B)--
(A) by inserting after `investigate' the following: `, block
during the pendency of an investigation for a period of not more than 90
days (which may be extended by an additional 60 days if the President
determines that such blocking is necessary to carry out the purposes of
this Act)'; and
(B) by striking `interest;' and inserting `interest, by any
person, or with respect to any property, subject to the jurisdiction of
the United States; and'; and
(4) by adding at the end the following new subparagraph:
`(C) when a statute has been enacted authorizing the use of force by
United States armed forces against a foreign country, foreign organization,
or foreign national, or when the United States has been subject to an armed
attack by a foreign country, foreign organization, or foreign national,
confiscate any property, subject to the jurisdiction of the United States,
of any foreign country, foreign organization, or foreign national against
whom United States armed forces may be used pursuant to such statute or, in
the case of an armed attack against the United States, that the President
determines has planned, authorized, aided, or engaged in such attack;
and
`(i) all right, title, and interest in any property so confiscated
shall vest when, as, and upon the terms directed by the President, in such
agency or person as the President may designate from time to
time,
`(ii) upon such terms and conditions as the President may
prescribe, such interest or property shall be held, used, administered,
liquidated, sold, or otherwise dealt with in the interest of and for the
benefit of the United States, except that the proceeds of any such
liquidation or sale, or any cash assets, shall be segregated from other
United States Government funds and shall be used only pursuant to a
statute authorizing the expenditure of such proceeds or assets,
and
`(iii) such designated agency or person may perform any and all
acts incident to the accomplishment or furtherance of these
purposes.'.
SEC. 160. CLARIFICATION OF NO TECHNOLOGY MANDATES.
Nothing in this Act shall impose any additional technical obligation
or requirement on a provider of wire or electronic communication service or
other person to furnish facilities, services, or technical assistance.
SEC. 161. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED
DISCLOSURES.
(a) CHAPTER 119- Section 2520 of title 18, United States Code, is
amended--
(1) by redesignating paragraph (2) of subsection (c) as paragraph
(3);
(2) by inserting after paragraph (1) of subsection (c) the
following:
`(2) In an action under this section by a citizen or legal permanent
resident of the United States against the United States or any Federal
investigative or law enforcement officer (or against any State investigative
or law enforcement officer for disclosure or unlawful use of information
obtained from Federal investigative or law enforcement officers), the court
may assess as damages whichever is the greater of--
`(A) the sum of actual damages suffered by the plaintiff and any
profits made by the violator as a result of the violation; or
`(B) statutory damages of whichever is the greater of $100 a day for
each day of violation or $10,000.'; and
(3) by adding at the end the following:
`(f) IMPROPER DISCLOSURE IS VIOLATION- Any disclosure or use by an
investigative or law enforcement officer of information beyond the extent
permitted by section 2517 is a violation of this chapter for purposes of
section 2520(a).
`(g) ADMINISTRATIVE DISCIPLINE- If a court determines that the United
States or any agency or bureau thereof has violated any provision of this
section and the court finds that the circumstances surrounding the violation
raise questions of whether or not an officer or employee thereof acted
willfully or intentionally with respect to the violation, the agency or bureau
shall promptly initiate a proceeding to determine whether or not disciplinary
action is warranted against the officer or employee who was responsible for
the violation. In such case, if the head of the agency or bureau determines
discipline is not appropriate, he or she shall report his or her conclusions
and the reasons therefor to the Deputy Inspector General for Civil Rights,
Civil Liberties, and the Federal Bureau of Investigation.
`(h) ACTIONS AGAINST THE UNITED STATES- Any action against the United
States shall be conducted under the procedures of the Federal Tort Claims Act.
Any award against the United States shall be deducted from the budget of the
appropriate agency or bureau employing or managing the officer or employee who
was responsible for the violation.'.
(b) CHAPTER 121- Section 2707 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting `(1)' before `The
court';
(2) by adding at the end of subsection (c) the following:
`(2) In an action under this section by a citizen or legal permanent
resident of the United States against the United States or any Federal
investigative or law enforcement officer (or against any State investigative
or law enforcement officer for disclosure or unlawful use of information
obtained from Federal investigative or law enforcement officers), the court
may assess as damages whichever is the greater of--
`(A) the sum of actual damages suffered by the plaintiff and any
profits made by the violator as a result of the violation; or
`(B) statutory damages of $10,000.'; and
(3) by adding at the end the following:
`(f) IMPROPER DISCLOSURE IS VIOLATION- Any disclosure or use by an
investigative or law enforcement officer of information beyond the extent
permitted by section 2517 is a violation of this chapter for purposes of
section 2707(a).
`(g) ADMINISTRATIVE DISCIPLINE- If a court determines that the United
States or any agency or bureau thereof has violated any provision of this
section and the court finds that the circumstances surrounding the violation
raise questions of whether or not an officer or employee thereof acted
willfully or intentionally with respect to the violation, the agency or bureau
shall promptly initiate a proceeding to determine whether or not disciplinary
action is warranted against the officer or employee who was responsible for
the violation. In such case, if the head of the agency or bureau determines
discipline is not appropriate, he or she shall report his or her conclusions
and the reasons therefor to the Deputy Inspector General for Civil Rights,
Civil Liberties, and the Federal Bureau of Investigation.
`(h) ACTIONS AGAINST THE UNITED STATES- Any action against the United
States shall be conducted under the procedures of the Federal Tort Claims Act.
Any award against the United States shall be deducted from the budget of the
appropriate agency or bureau employing or managing the officer or employee who
was responsible for the violation.'.
(1) IN GENERAL- Chapter 206 of title 18, United States Code, is
amended by adding at the end the following:
`Sec. 3128. Civil action
`(a) CAUSE OF ACTION- Except as provided in subsections (d) and (e) of
section 3124, any person aggrieved by any violation of this chapter may in a
civil action recover from the person or entity which engaged in that violation
such relief as may be appropriate.
`(b) RELIEF- In any action under this section, appropriate relief
includes--
`(1) such preliminary and other equitable or declaratory relief as
may be appropriate;
`(2) damages under subsection (c) and punitive damages in
appropriate cases; and
`(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.
`(c) DAMAGES- In any action under this section, the court may assess
as damages whichever is the greater of--
`(1) the sum of the actual damages suffered by the plaintiff and any
profits made by the violator as a result of the violation; or
`(2) statutory damages of $10,000.
`(d) LIMITATION- A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant first has
a reasonable opportunity to discover the violation.
`(e) IMPROPER DISCLOSURE IS VIOLATION- Any disclosure or use by an
investigative or law enforcement officer of information beyond the extent
permitted by section 2517 is a violation of this chapter for purposes of
section 3128(a).
`(f) ADMINISTRATIVE DISCIPLINE- If a court determines that the United
States or any agency or bureau thereof has violated any provision of this
section and the court finds that the circumstances surrounding the violation
raise questions of whether or not an officer or employee thereof acted
willfully or intentionally with respect to the violation, the agency or bureau
shall promptly initiate a proceeding to determine whether or not disciplinary
action is warranted against the officer or employee who was responsible for
the violation. In such case, if the head of the agency or bureau determines
discipline is not appropriate, he or she shall report his or her conclusions
and the reasons therefor to the Deputy Inspector General for Civil Rights,
Civil Liberties, and the Federal Bureau of Investigation.
`(g) ACTIONS AGAINST THE UNITED STATES- Any action against the United
States shall be conducted under the procedures of the Federal Tort Claims Act.
Any award against the United States shall be deducted from the budget of the
appropriate agency or bureau employing or managing the officer or employee who
was responsible for the violation.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of
chapter 206 of title 18, United States Code, is amended by adding at the end
the following new item:
(d) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978- (1) Section 110 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1810) is
amended--
(A) by inserting `(a)' before `CIVIL ACTION- ';
(B) by inserting `or entity' after `shall have a cause of action
against any person';
(C) by striking `(a) actual' and inserting `(1) actual';
(D) by striking `(b) punitive' and inserting `(2)
punitive';
(E) by striking `(c) reasonable' and inserting `(3)
reasonable';
(F) by striking `$1,000' and inserting `$10,000'; and
(G) by adding at the end the following new subsections:
`(b) LIMITATION- A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant first has
a reasonable opportunity to discover the violation.
`(c) ADMINISTRATIVE DISCIPLINE- If a court determines that the United
States or any agency or bureau thereof has violated any provision of this
section and the court finds that the circumstances surrounding the violation
raise questions of whether or not an officer or employee thereof acted
willfully or intentionally with respect to the violation, the agency or bureau
shall promptly initiate a proceeding to determine whether or not disciplinary
action is warranted against the officer or employee who was responsible for
the violation. In such case, if the head of the agency or bureau determines
discipline is not appropriate, the head shall report conclusions for the
determination and the reasons therefor to the Deputy Inspector General for
Civil Rights, Civil Liberties, and the Federal Bureau of
Investigation.
`(d) ACTIONS AGAINST THE UNITED STATES- Any action against the United
States shall be conducted under the procedures of the Federal Tort Claims Act.
Any award against the United States shall be deducted from the budget of the
appropriate agency or bureau employing or managing the officer or employee who
was responsible for the violation.'.
(2) Section 308 of the the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1828) is amended--
(A) by inserting `(a) CIVIL ACTION- ' before `An aggrieved
person,';
(B) by inserting `or entity' after `shall have a cause of action
against any person';
(C) by striking `$1,000' and inserting `$10,000'; and
(D) by adding at the end the following new subsections:
`(b) LIMITATION- A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant first has
a reasonable opportunity to discover the violation.
`(c) ADMINISTRATIVE DISCIPLINE- If a court determines that the United
States or any agency or bureau thereof has violated any provision of this
section and the court finds that the circumstances surrounding the violation
raise questions of whether or not an officer or employee thereof acted
willfully or intentionally with respect to the violation, the agency or bureau
shall promptly initiate a proceeding to determine whether or not disciplinary
action is warranted against the officer or employee who was responsible for
the violation. In such case, if the head of the agency or bureau determines
discipline is not appropriate, the head shall report the conclusions for the
determination and the reasons therefor to the Deputy Inspector General for
Civil Rights, Civil Liberties, and the Federal Bureau of
Investigation.
`(d) ACTIONS AGAINST THE UNITED STATES- Any action against the United
States shall be conducted under the procedures of the Federal Tort Claims Act.
Any award against the United States shall be deducted from the budget of the
appropriate agency or bureau employing or managing the officer or employee who
was responsible for the violation.'.
(3)(A) Title IV of the the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1841 et seq.) is amended by adding at the end the following
new sections:
`PENALTIES
`SEC. 407. (a) PROHIBITED ACTIVITIES- A person is guilty of an offense
if the person intentionally--
`(1) installs or uses a pen register or trap and trace device under
color of law except as authorized by statute; or
`(2) discloses or uses information obtained under color of law by
using a pen register or trap and trace device, knowing or having reason to
know that the information was obtained through using a pen register or trap
and trace device not authorized by statute.
`(b) DEFENSE- It is a defense to a prosecution under subsection (a)
that the defendant was a law enforcement or investigative officer engaged in
the course of his official duties and the pen register or trap and trace
device was authorized by and conducted pursuant to a search warrant or court
order of a court of competent jurisdiction.
`(c) PENALTIES- An offense described in this section is punishable by
a fine of not more than $10,000 or imprisonment for not more than five years,
or both.
`(d) FEDERAL JURISDICTION - There is Federal jurisdiction over an
offense under this section if the person committing the offense was an officer
or employee of the United States at the time the offense was
committed.
`CIVIL LIABILITY
`SEC. 408. (a) CIVIL ACTION- An aggrieved person, other than a foreign
power or an agent of a foreign power, as defined in section 101(a) or
(b)(1)(A), respectively, who has been subjected to a pen register or trap and
trace device or about whom information obtained by a pen register or trap and
trace device has been disclosed or used in violation of section 407 shall have
a cause of action against any person or entity who committed such violation
and shall be entitled to recover--
`(1) actual damages, but not less than liquidated damages of
$10,000, whichever is greater;
`(2) punitive damages; and
`(3) reasonable attorney's fees and other investigation and
litigation costs reasonably incurred.
`(b) LIMITATION- A civil action under this section may not be
commenced later than 2 years after the date upon which the claimant first has
a reasonable opportunity to discover the violation.
`(c) ADMINISTRATIVE DISCIPLINE- If a court determines that the United
States or any agency or bureau thereof has violated any provision of this
section and the court finds that the circumstances surrounding the violation
raise questions of whether or not an officer or employee thereof acted
willfully or intentionally with respect to the violation, the agency or bureau
shall promptly initiate a proceeding to determine whether or not disciplinary
action is warranted against the officer or employee who was responsible for
the violation. In such case, if the head of the agency or bureau determines
discipline is not appropriate, the head shall report the conclusions for the
determination and the reasons therefor to the Deputy Inspector General for
Civil Rights, Civil Liberties, and the Federal Bureau of
Investigation.
`(d) ACTIONS AGAINST THE UNITED STATES- Any action against the United
States shall be conducted under the procedures of the Federal Tort Claims Act.
Any award against the United States shall be deducted from the budget of the
appropriate agency or bureau employing or managing the officer or employee who
was responsible for the violation.'.
(B) The table of contents at the beginning of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the
end of the items relating to title IV the following new items:
`Sec. 408. Civil liability.'.
SEC. 162. SUNSET.
This title and the amendments made by this title (other than sections
106 (relating to technical amendment), 109 (relating to clarification of
scope), and 159 (relating to presidential authority)) and the amendments made
by those sections shall take effect on the date of enactment of this Act and
shall cease to have any effect on December 31, 2003.
TITLE II--ALIENS ENGAGING IN TERRORIST ACTIVITY
Subtitle A--Detention and Removal of Aliens Engaging in Terrorist
Activity
SEC. 201. CHANGES IN CLASSES OF ALIENS WHO ARE INELIGIBLE FOR ADMISSION
AND DEPORTABLE DUE TO TERRORIST ACTIVITY.
(a) ALIENS INELIGIBLE FOR ADMISSION DUE TO TERRORIST ACTIVITIES-
Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)) is amended--
(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;';
(A) in the matter preceding subclause (I), by striking `(or which,
if committed in the United States,' and inserting `(or which, if it had
been or were to be committed in the United States,'; and
(B) in subclause (V)(b), by striking `explosive or firearm' and
inserting `explosive, firearm, or other object';
(3) by amending clause (iii) to read as follows:
`(iii) ENGAGE IN TERRORIST ACTIVITY DEFINED- As used in this
Act, the term `engage in terrorist activity' means, in an individual
capacity or as a member of an organization--
`(I) to commit a terrorist activity;
`(II) to plan or prepare to commit a terrorist
activity;
`(III) to gather information on potential targets for a
terrorist activity;
`(IV) to solicit funds or other things of value
for--
`(a) a terrorist activity;
`(b) an organization designated as a foreign terrorist
organization under section 219; or
`(c) a terrorist organization described in clause (v)(II), but
only if the solicitor knows, or reasonably should know, that the solicitation
would further a terrorist activity;
`(V) to solicit any individual--
`(a) to engage in conduct otherwise described in this
clause;
`(b) for membership in a terrorist government;
`(c) for membership in an organization designated as a foreign
terrorist organization under section 219; or
`(d) for membership in a terrorist organization described in
clause (v)(II), but only if the solicitor knows, or reasonably should know, that
the solicitation would further a terrorist activity; or
`(VI) to commit an act that the actor knows, or reasonably
should know, affords material support, including a safe house,
transportation, communications, funds, transfer of funds or other
material financial benefit, false documentation or identification,
weapons (including chemical, biological, and radiological weapons),
explosives, or training--
`(a) for the commission of a terrorist activity;
`(b) to any individual who the actor knows, or reasonably should
know, has committed or plans to commit a terrorist activity;
`(c) to an organization designated as a foreign terrorist
organization under section 219; or
`(d) to a terrorist organization described in clause (v)(II), but
only if the actor knows, or reasonably should know, that the act would further a
terrorist activity.'; and
(4) by adding at the end the following:
`(v) TERRORIST ORGANIZATION DEFINED- As used in this
subparagraph, the term `terrorist organization' means--
`(I) an organization designated as a foreign terrorist
organization under section 219; or
`(II) with regard to a group that is not an organization
described in subclause (I), a group of 2 or more individuals, whether
organized or not, which engages in, or which has a significant
subgroup which engages in, the activities described in subclause (I),
(II), or (III) of clause (iii).
`(vi) SPECIAL RULE FOR MATERIAL SUPPORT- Clause (iii)(VI)(b)
shall not be construed to include the affording of material support to
an individual who committed or planned to commit a terrorist activity,
if the alien establishes by clear and convincing evidence that such
support was afforded only after such individual permanently and publicly
renounced, rejected the use of, and had ceased to engage in, terrorist
activity.'.
(b) ALIENS INELIGIBLE FOR ADMISSION DUE TO ENDANGERMENT- Section
212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is
amended by adding at the end the following:
`(F) ENDANGERMENT- Any alien who the Secretary of State, after
consultation with the Attorney General, or the Attorney General, after
consultation with the Secretary of State, determines has been associated
with a terrorist organization and intends while in the United States to
engage solely, principally, or incidentally in activities that could
endanger the welfare, safety, or security of the United States is
inadmissible.'.
(c) ALIENS DEPORTABLE DUE TO TERRORIST ACTIVITIES- Section
237(a)(4)(B) of the Immigration and Nationality (8 U.S.C. 1227(a)(4)(B)) is
amended to read as follows:
`(B) TERRORIST ACTIVITIES- Any alien is deportable
who--
`(i) has engaged, is engaged, or at any time after admission
engages in terrorist activity (as defined in section
212(a)(3)(B)(iii));
`(ii) is a representative (as defined in section
212(a)(3)(B)(iv)) of--
`(I) a foreign terrorist organization, as designated by the
Secretary of State under section 219; or
`(II) a political, social, or other similar group whose public
endorsement of terrorist activity--
`(a) is intended and likely to incite or produce imminent lawless
action; and
`(b) has been determined by the Secretary of State to undermine
the efforts of the United States to reduce or eliminate terrorist activities;
or
`(iii) has used the alien's prominence within a foreign state or
the United States--
`(I) to endorse, in a manner that is intended and likely to
incite or produce imminent lawless action and that has been determined
by the Secretary of State to undermine the efforts of the United
States to reduce or eliminate terrorist activities, terrorist
activity; or
`(II) to persuade others, in a manner that is intended and
likely to incite or produce imminent lawless action and that has been
determined by the Secretary of State to undermine the efforts of the
United States to reduce or eliminate terrorist activities, to support
terrorist activity or a terrorist organization (as defined in section
212(a)(3)(B)(v)).'.
(d) RETROACTIVE APPLICATION OF AMENDMENTS-
(1) IN GENERAL- The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply
to--
(A) actions taken by an alien before such date, as well as actions
taken on or after such date; and
(B) all aliens, without regard to the date of entry or attempted
entry into the United States--
(i) in removal proceedings on or after such date (except for
proceedings in which there has been a final administrative decision
before such date); or
(ii) seeking admission to the United States on or after such
date.
(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION PROCEEDINGS-
Notwithstanding any other provision of law, the amendments made by this
section shall apply to all aliens in exclusion or deportation proceedings on
or after the date of the enactment of this Act (except for proceedings in
which there has been a final administrative decision before such date) as if
such proceedings were removal proceedings.
(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS-
(A) IN GENERAL- Notwithstanding paragraphs (1) and (2), no alien
shall be considered inadmissible under section 212(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), or deportable under
section 237(a)(4)(B) of such Act (8 U.S.C. 1227(a)(4)(B)), by reason of
the amendments made by subsection (a), on the ground that the alien
engaged in a terrorist activity described in subclause (IV)(b), (V)(c), or
(VI)(c) of section 212(a)(3)(B)(iii) of such Act (as so amended) with
respect to a group at any time when the group was not a foreign terrorist
organization designated by the Secretary of State under section 219 of
such Act (8 U.S.C. 1189).
(B) CONSTRUCTION- Subparagraph (A) shall not be construed to
prevent an alien from being considered inadmissible or deportable for
having engaged in a terrorist activity--
(i) described in subclause (IV)(b), (V)(c), or (VI)(c) of
section 212(a)(3)(B)(iii) of such Act (as so amended) with respect to a
foreign terrorist organization at any time when such organization was
designated by the Secretary of State under section 219 of such Act;
or
(ii) described in subclause (IV)(c), (V)(d), or (VI)(d) of
section 212(a)(3)(B)(iii) of such Act (as so amended) with respect to
any group described in any of such subclauses.
SEC. 202. CHANGES IN DESIGNATION OF FOREIGN TERRORIST
ORGANIZATIONS.
(a) DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS- Section 219(a) of
the Immigration and Nationality Act (8 U.S.C. 1189(a)) is amended--
(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';
(A) by amending subparagraph (A) to read as follows:
`(i) IN GENERAL- Seven days before a designation is made under
this subsection, the Secretary of State shall, by classified
communication, notify the Speaker and minority leader of the House of
Representatives, the President pro tempore, majority leader, and
minority leader of the Senate, the members of the relevant committees,
and the Secretary of the Treasury, in writing, of the intent to
designate a foreign organization under this subsection, together with
the findings made under paragraph (1) with respect to that organization,
and the factual basis therefor.
`(ii) PUBLICATION OF DESIGNATION- The Secretary of State shall
publish the designation in the Federal Register seven days after
providing the notification under clause (i).';
(B) in subparagraph (B), by striking `(A).' and inserting
`(A)(ii).'; and
(C) in subparagraph (C), by striking `paragraph (2),' and
inserting `subparagraph (A)(i),';
(3) in paragraph (3)(B), by striking `subsection (c).' and inserting
`subsection (b).';
(4) in paragraph (4)(B), by inserting after the first sentence the
following: `The Secretary may also redesignate such organization at the end
of any 2-year redesignation period (but not sooner than 60 days prior to the
termination of such period) for an additional 2-year period upon a finding
that the relevant circumstances described in paragraph (1) still exist. Any
redesignation shall be effective immediately following the end of the prior
2-year designation or redesignation period unless a different effective date
is provided in such redesignation.';
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting `or a
redesignation made under paragraph (4)(B)' after `paragraph
(1)';
(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
(A) by striking `(1)(B),' and inserting `(2)(B), or if a
redesignation under this subsection has become effective under paragraph
(4)(B)';
(B) by inserting `or an alien in a removal proceeding' after
`criminal action'; and
(C) by inserting `or redesignation' before `as a
defense'.
(b) AUTHORITY TO INITIATE DESIGNATIONS, REDESIGNATIONS, AND
REVOCATIONS- Section 219 of the Immigration and Nationality Act (8 U.S.C.
1189), as amended by subsection (a), is further amended--
(1) by striking `Secretary' each place such term appears, excluding
subparagraphs (A) and (C) of subsection (a)(2), and inserting `official
specified under subsection (d)';
(A) in paragraph (2), by adding `and' at the end;
(B) in paragraph (3), by striking `; and' at the end and inserting
a period; and
(C) by striking paragraph (4); and
(3) by adding at the end the following:
`(d) IMPLEMENTATION OF DUTIES AND AUTHORITIES-
`(1) BY SECRETARY OR ATTORNEY GENERAL- Except as otherwise provided
in this subsection, the duties under this section shall, and authorities
under this section may, be exercised by--
`(A) the Secretary of State--
`(i) after consultation with the Secretary of the Treasury and
with the concurrence of the Attorney General; or
`(ii) upon instruction by the President pursuant to paragraph
(2); or
`(B) the Attorney General--
`(i) after consultation with the Secretary of the Treasury and
with the concurrence of the Secretary of State; or
`(ii) upon instruction by the President pursuant to paragraph
(2).
`(2) CONCURRENCE- The Secretary of State and the Attorney General
shall each seek the other's concurrence in accordance with paragraph (1). In
any case in which such concurrence is denied or withheld, the official
seeking the concurrence shall so notify the President and shall request the
President to make a determination as to how the issue shall be resolved.
Such notification and request of the President may not be made before the
earlier of--
`(A) the date on which a denial of concurrence is received;
or
`(B) the end of the 60-day period beginning on the date the
concurrence was sought.
`(3) EXCEPTION- It shall be the duty of the Secretary of State to
carry out the procedural requirements of paragraphs (2)(A) and (6)(B) of
subsection (a) in all cases, including cases in which a designation or
revocation is initiated by the Attorney General.'.
SEC. 203. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS;
JUDICIAL REVIEW.
(a) IN GENERAL- The Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) is amended by inserting after section 236 the following:
`MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL
REVIEW
`SEC. 236A. (a) DETENTION OF TERRORIST ALIENS-
`(1) CUSTODY- The Attorney General shall take into custody any alien
who is certified under paragraph (3).
`(2) RELEASE- Except as provided in paragraphs (5) and (6), the
Attorney General shall maintain custody of such an alien until the alien is
removed from the United States or found not to be inadmissible or
deportable, as the case may be. Except as provided in paragraph (6), such
custody shall be maintained irrespective of any relief from removal for
which the alien may be eligible, or any relief from removal granted the
alien, until the Attorney General determines that the alien is no longer an
alien who may be certified under paragraph (3).
`(3) CERTIFICATION- The Attorney General may certify an alien under
this paragraph if the Attorney General has reasonable grounds to believe
that the alien--
`(A) is described in section 212(a)(3)(A)(i), 212(a)(3)(A)(iii),
212(a)(3)(B), 237(a)(4)(A)(i), 237(a)(4)(A)(iii), or 237(a)(4)(B);
or
`(B) is engaged in any other activity that endangers the national
security of the United States.
`(4) NONDELEGATION- The Attorney General may delegate the authority
provided under paragraph (3) only to the Deputy Attorney General. The Deputy
Attorney General may not delegate such authority.
`(5) COMMENCEMENT OF PROCEEDINGS- The Attorney General shall place
an alien detained under paragraph (1) in removal proceedings, or shall
charge the alien with a criminal offense, not later than 7 days after the
commencement of such detention. If the requirement of the preceding sentence
is not satisfied, the Attorney General shall release the alien.
`(6) LIMITATION ON INDEFINITE DETENTION- An alien detained under
paragraph (1) who has been ordered removed based on one or more of the
grounds of inadmissibility or deportability referred to in paragraph (3)(A),
who has not been removed within the removal period specified under section
241(a)(1)(A), and whose removal is unlikely in the reasonably foreseeable
future, may be detained for additional periods of up to six months if the
Attorney General demonstrates that the release of the alien will not protect
the national security of the United States or adequately ensure the safety
of the community or any person.
`(b) HABEAS CORPUS AND JUDICIAL REVIEW- Judicial review of any action
or decision relating to this section (including judicial review of the merits
of a determination made under subsection (a)(3) or (a)(6)) is available
exclusively in habeas corpus proceedings initiated in the United States
District Court for the District of Columbia. Notwithstanding any other
provision of law, including section 2241 of title 28, United States Code,
except as provided in the preceding sentence, no court shall have jurisdiction
to review, by habeas corpus petition or otherwise, any such action or
decision.'.
(b) CLERICAL AMENDMENT- The table of contents of the Immigration and
Nationality Act is amended by inserting after the item relating to section 236
the following:
`Sec. 236A. Mandatory detention of suspected terrorists; habeas
corpus; judicial review.'.
(c) REPORTS- Not later than 6 months after the date of the enactment
of this Act, and every 6 months thereafter, the Attorney General shall submit
a report to the Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate, with respect to the reporting
period, on--
(1) the number of aliens certified under section 236A(a)(3) of the
Immigration and Nationality Act, as added by subsection (a);
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so certified;
and
(5) the number of aliens so certified who--
(A) were granted any form of relief from removal;
(C) the Attorney General has determined are no longer an alien who
may be so certified; or
(D) were released from detention.
SEC. 204. CHANGES IN CONDITIONS FOR GRANTING ASYLUM.
(a) IN GENERAL- Section 208(b)(2)(A)(v) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended--
(1) by striking `inadmissible under' each place such term appears
and inserting `described in'; and
(2) by striking `removable under' and inserting `described
in'.
(b) RETROACTIVE APPLICATION OF AMENDMENTS- The amendments made by
subsection (a) shall take effect on the date of the enactment of this Act and
shall apply to--
(1) actions taken by an alien before such date, as well as actions
taken on or after such date; and
(2) all aliens, without regard to the date of entry or attempted
entry into the United States, whose application for asylum is pending on or
after such date (except for applications with respect to which there has
been a final administrative decision before such date).
SEC. 205. MULTILATERAL COOPERATION AGAINST TERRORISTS.
Section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) is amended--
(1) by striking `The records' and inserting `(1) Subject to
paragraphs (2) and (3), the records';
(2) by striking `United States,' and all that follows through the
period at the end and inserting `United States.'; and
(3) by adding at the end the following:
`(2) In the discretion of the Secretary of State, certified copies of
such records may be made available to a court which certifies that the
information contained in such records is needed by the court in the interest
of the ends of justice in a case pending before the court.
`(3)(A) Subject to the provisions of this paragraph, the Secretary of
State may provide copies of records of the Department of State and of
diplomatic and consular offices of the United States (including the Department
of State's automated visa lookout database) pertaining to the issuance or
refusal of visas or permits to enter the United States, or information
contained in such records, to foreign governments if the Secretary determines
that it is necessary and appropriate.
`(B) Such records and information may be provided on a case-by-case
basis for the purpose of preventing, investigating, or punishing acts of
terrorism. General access to records and information may be provided under an
agreement to limit the use of such records and information to the purposes
described in the preceding sentence.
`(C) The Secretary of State shall make any determination under this
paragraph in consultation with any Federal agency that compiled or provided
such records or information.
`(D) To the extent possible, such records and information shall be
made available to foreign governments on a reciprocal basis.'.
SEC. 206. REQUIRING SHARING BY THE FEDERAL BUREAU OF INVESTIGATION OF
CERTAIN CRIMINAL RECORD EXTRACTS WITH OTHER FEDERAL AGENCIES IN ORDER TO ENHANCE
BORDER SECURITY.
(a) IN GENERAL- Section 105 of the Immigration and Nationality Act (8
U.S.C. 1105), is amended--
(1) in the section heading, by adding `AND DATA EXCHANGE' at the
end;
(2) by inserting `(a) LIAISON WITH INTERNAL SECURITY OFFICERS- '
after `105.';
(3) by striking `the internal security of' and inserting `the
internal and border security of'; and
(4) by adding at the end the following:
`(b) CRIMINAL HISTORY RECORD INFORMATION- The Attorney General and the
Director of the Federal Bureau of Investigation shall provide the Secretary of
State and the Commissioner access to the criminal history record information
contained in the National Crime Information Center's Interstate Identification
Index, Wanted Persons File, and to any other files maintained by the National
Crime Information Center that may be mutually agreed upon by the Attorney
General and the official to be provided access, for the purpose of determining
whether a visa applicant or applicant for admission has a criminal history
record indexed in any such file. Such access shall be provided by means of
extracts of the records for placement in the Department of State's automated
visa lookout database or other appropriate database, and shall be provided
without any fee or charge. The Director of the Federal Bureau of Investigation
shall provide periodic updates of the extracts at intervals mutually agreed
upon by the Attorney General and the official provided access. Upon receipt of
such updated extracts, the receiving official shall make corresponding updates
to the official's databases and destroy previously provided extracts. Such
access to any extract shall not be construed to entitle the Secretary of State
to obtain the full content of the corresponding automated criminal history
record. To obtain the full content of a criminal history record, the Secretary
of State shall submit the applicant's fingerprints and any appropriate
fingerprint processing fee authorized by law to the Criminal Justice
Information Services Division of the Federal Bureau of Investigation.
`(c) RECONSIDERATION- The provision of the extracts described in
subsection (b) may be reconsidered by the Attorney General and the receiving
official upon the development and deployment of a more cost-effective and
efficient means of sharing the information.
`(d) REGULATIONS- For purposes of administering this section, the
Secretary of State shall, prior to receiving access to National Crime
Information Center data, promulgate final regulations--
`(1) to implement procedures for the taking of fingerprints;
and
`(2) to establish the conditions for the use of the information
received from the Federal Bureau of Investigation, in order--
`(A) to limit the redissemination of such
information;
`(B) to ensure that such information is used solely to determine
whether to issue a visa to an individual;
`(C) to ensure the security, confidentiality, and destruction of
such information; and
`(D) to protect any privacy rights of individuals who are subjects
of such information.'.
(b) CLERICAL AMENDMENT- The table of contents of the Immigration and
Nationality Act is amended by amending the item relating to section 105 to
read as follows:
`Sec. 105. Liaison with internal security officers and data
exchange.'.
(c) EFFECTIVE DATE AND IMPLEMENTATION- The amendments made by this
section shall take effect on the date of the enactment of this Act and shall
be fully implemented not later than 18 months after such date.
(d) REPORTING REQUIREMENT- Not later than 2 years after the date of
the enactment of this Act, the Attorney General and the Secretary of State,
jointly, shall report to the Congress on the implementation of the amendments
made by this section.
(e) CONSTRUCTION- Nothing in this section, or in any other law, shall
be construed to limit the authority of the Attorney General or the Director of
the Federal Bureau of Investigation to provide access to the criminal history
record information contained in the National Crime Information Center's
Interstate Identification Index, or to any other information maintained by
such center, to any Federal agency or officer authorized to enforce or
administer the immigration laws of the United States, for the purpose of such
enforcement or administration, upon terms that are consistent with sections
212 through 216 of the National Crime Prevention and Privacy Compact Act of
1998 (42 U.S.C. 14611 et seq.).
SEC. 207. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY
LAUNDERING.
(a) AMENDMENT TO IMMIGRATION AND NATIONALITY ACT- Section 212(a)(2) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding
at the end the following:
`(I) MONEY LAUNDERING- Any alien--
`(i) who a consular officer or the Attorney General knows, or
has reason to believe, has engaged, is engaging, or seeks to enter the
United States to engage, in an offense which is described in section
1956 of title 18, United States Code (relating to laundering of monetary
instruments); or
`(ii) who a consular officer or the Attorney General knows is,
or has been, a knowing aider, abettor, assister, conspirator, or
colluder with others in an offense which is described in such
section;
(b) MONEY LAUNDERING WATCHLIST- Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall develop, implement,
and certify to the Congress that there has been established a money laundering
watchlist, which identifies individuals worldwide who are known or suspected
of money laundering, which is readily accessible to, and shall be checked by,
a consular or other Federal official prior to the issuance of a visa or
admission to the United States. The Secretary of State shall develop and
continually update the watchlist in cooperation with the Attorney General, the
Secretary of the Treasury, and the Director of Central Intelligence.
SEC. 208. PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT
FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM PARTICIPANTS.
(a) CHANGES IN DEADLINES- Section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is
amended--
(1) in subsection (f), by striking `Not later than 4 years after the
commencement of the program established under subsection (a),' and inserting
`Not later than 120 days after the date of the enactment of the PATRIOT Act
of 2001,'; and
(2) in subsection (g)(1), by striking `12 months' and inserting `120
days'.
(b) INCREASED FEE FOR CERTAIN STUDENTS- Section 641(e)(4)(A) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372(e)(4)(A)) is amended by adding at the end the following: `In the case of
an alien who is a national of a country, the government of which the Secretary
of State has determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly
provided support for acts of international terrorism, the Attorney General may
impose on, and collect from, the alien a fee that is greater than that imposed
on other aliens described in paragraph (3).'.
(c) DATA EXCHANGE- Section 641 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
(1) by redesignating subsection (h) as subsection (i);
and
(2) by inserting after subsection (g) the following:
`(h) DATA EXCHANGE- Notwithstanding any other provision of law, the
Attorney General shall provide to the Secretary of State and the Director of
the Federal Bureau of Investigation the information collected under subsection
(a)(1).'.
SEC. 209. PROTECTION OF NORTHERN BORDER.
There are authorized to be appropriated--
(1) such sums as may be necessary to triple the number of Border
Patrol personnel (from the number authorized under current law) in each
State along the northern border;
(2) such sums as may be necessary to triple the number of
Immigration and Naturalization Service inspectors (from the number
authorized under current law) at ports of entry in each State along the
northern border; and
(3) an additional $50,000,000 to the Immigration and Naturalization
Service for purposes of enhancing technology for security and enforcement at
the northern border, such as infrared technology and technology that
enhances coordination between the Governments of Canada and the United
States generally and specifically between Canadian police and the Federal
Bureau of Investigation.
Subtitle B--Preservation of Immigration Benefits for Victims of
Terrorism
SEC. 211. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL- For purposes of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), the Attorney General may provide an alien described in
subsection (b) with the status of a special immigrant under section 101(a)(27)
of such Act (8 U.S.C. 1101(a(27)), if the alien--
(1) files with the Attorney General a petition under section 204 of
such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such
Act (8 U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant visa and is
otherwise admissible to the United States for permanent residence, except in
determining such admissibility, the grounds for inadmissibility specified in
section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not
apply.
(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
(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).
(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:
(3) Loss of employment due to physical damage to, or destruction of,
a business.
(b) WAIVER OF REGULATIONS- The Attorney General shall carry out
subsection (a) as expeditiously as possible. The Attorney General is not
required to promulgate regulations prior to implementing this
subtitle.
SEC. 217. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF
TERRORISTS.
Notwithstanding any other provision of this subtitle, nothing in this
subtitle shall be construed to provide any benefit or relief to--
(1) any individual culpable for a specified terrorist activity;
or
(2) any family member of any individual described in paragraph
(1).
SEC. 218. DEFINITIONS.
(a) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS- Except
as otherwise specifically provided in this subtitle, the definitions used in
the Immigration and Nationality Act (excluding the definitions applicable
exclusively to title III of such Act) shall apply in the administration of
this subtitle.
(b) SPECIFIED TERRORIST ACTIVITY- For purposes of this subtitle, the
term `specified terrorist activity' means any terrorist activity conducted
against the Government or the people of the United States on September 11,
2001.
TITLE III--CRIMINAL JUSTICE
Subtitle A--Substantive Criminal Law
SEC. 301. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM
OFFENSES.
(a) IN GENERAL- Section 3286 of title 18, United States Code, is
amended to read as follows:
`Sec. 3286. Terrorism offenses
`(a) An indictment may be found or an information instituted at any
time without limitation for any Federal terrorism offense or any of the
following offenses:
`(1) A violation of, or an attempt or conspiracy to violate, section
32 (relating to destruction of aircraft or aircraft facilities), 37(a)(1)
(relating to violence at international airports), 175 (relating to
biological weapons), 229 (relating to chemical weapons), 351(a)-(d)
(relating to congressional, cabinet, and Supreme Court assassination and
kidnaping), 791 (relating to harboring terrorists), 831 (relating to nuclear
materials), 844(f) or (i) when it relates to bombing (relating to arson and
bombing of certain property), 1114(1) (relating to protection of officers
and employees of the United States), 1116, if the offense involves murder
(relating to murder or manslaughter of foreign officials, official guests,
or internationally protected persons), 1203 (relating to hostage taking),
1751(a)-(d) (relating to Presidential and Presidential staff assassination
and kidnaping), 2332(a)(1) (relating to certain homicides and other violence
against United States nationals occurring outside of the United States),
2332a (relating to use of weapons of mass destruction), 2332b (relating to
acts of terrorism transcending national boundaries) of this
title.
`(2) Section 236 (relating to sabotage of nuclear facilities or
fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284);
`(3) Section 601 (relating to disclosure of identities of covert
agents) of the National Security Act of 1947 (50 U.S.C. 421).
`(4) Section 46502 (relating to aircraft piracy) of title
49.
`(b) An indictment may be found or an information instituted within 15
years after the offense was committed for any of the following
offenses:
`(1) Section 175b (relating to biological weapons), 842(m) or (n)
(relating to plastic explosives), 930(c) if it involves murder (relating to
possessing a dangerous weapon in a Federal facility), 956 (relating to
conspiracy to injure property of a foreign government), 1030(a)(1),
1030(a)(5)(A), or 1030(a)(7) (relating to protection of computers), 1362
(relating to destruction of communication lines, stations, or systems), 1366
(relating to destruction of an energy facility), 1992 (relating to
trainwrecking), 2152 (relating to injury of fortifications, harbor defenses,
or defensive sea areas), 2155 (relating to destruction of national defense
materials, premises, or utilities), 2156 (relating to production of
defective national defense materials, premises, or utilities), 2280
(relating to violence against maritime navigation), 2281 (relating to
violence against maritime fixed platforms), 2339A (relating to providing
material support to terrorists), 2339B (relating to providing material
support to terrorist organizations), or 2340A (relating to
torture).
`(2) Any of the following provisions of title 49: the second
sentence of section 46504 (relating to assault on a flight crew with a
dangerous weapon), section 46505(b)(3), (relating to explosive or incendiary
devices, or endangerment of human life by means of weapons, on aircraft),
section 46506 if homicide or attempted homicide is involved, or section
60123(b) (relating to destruction of interstate gas or hazardous liquid
pipeline facility) of title 49.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of
chapter 213 of title 18, United States Code, is amended by amending the item
relating to section 3286 to read as follows:
`3286. Terrorism offenses.'.
(c) APPLICATION- The amendments made by this section shall apply to
the prosecution of any offense committed before, on, or after the date of
enactment of this section.
SEC. 302. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES.
Section 3559 of title 18, United States Code, is amended by adding
after subsection (d) the following:
`(e) AUTHORIZED TERMS OF IMPRISONMENT FOR TERRORISM CRIMES- A person
convicted of any Federal terrorism offense may be sentenced to imprisonment
for any term of years or for life, notwithstanding any maximum term of
imprisonment specified in the law describing the offense. The authorization of
imprisonment under this subsection is supplementary to, and does not limit,
the availability of any other penalty authorized by the law describing the
offense, including the death penalty, and does not limit the applicability of
any mandatory minimum term of imprisonment, including any mandatory life term,
provided by the law describing the offense.'.
SEC. 303. PENALTIES FOR TERRORIST CONSPIRACIES.
Chapter 113B of title 18, United States Code, is amended--
(1) by inserting after section 2332b the following:
`Sec. 2332c. Attempts and conspiracies
`(a) Except as provided in subsection (c), any person who attempts or
conspires to commit any Federal terrorism offense shall be subject to the same
penalties as those prescribed for the offense, the commission of which was the
object of the attempt or conspiracy.
`(b) Except as provided in subsection (c), any person who attempts or
conspires to commit any offense described in section 25(2) shall be subject to
the same penalties as those prescribed for the offense, the commission of
which was the object of the attempt or conspiracy.
`(c) A death penalty may not be imposed by operation of this
section.'; and
(2) in the table of sections at the beginning of the chapter, by
inserting after the item relating to section 2332b the following new
item:
`2332c. Attempts and conspiracies.'.
SEC. 304. TERRORISM CRIMES AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking `or (F)' and inserting `(F)'; and
(2) by striking `financial gain.' and inserting `financial gain, or
(G) any act that is a Federal terrorism offense or is indictable under any
of the following provisions of law: section 32 (relating to destruction of
aircraft or aircraft facilities), 37(a)(1) (relating to violence at
international airports), 175 (relating to biological weapons), 229 (relating
to chemical weapons), 351(a)-(d) (relating to congressional, cabinet, and
Supreme Court assassination and kidnaping), 831 (relating to nuclear
materials), 842(m) or (n) (relating to plastic explosives), 844(f) or (i)
when it involves a bombing (relating to arson and bombing of certain
property), 930(c) when it involves an attack on a Federal facility, 1114
when it involves murder (relating to protection of officers and employees of
the United States), 1116 when it involves murder (relating to murder or
manslaughter of foreign officials, official guests, or internationally
protected persons), 1203 (relating to hostage taking), 1362 (relating to
destruction of communication lines, stations, or systems), 1366 (relating to
destruction of an energy facility), 1751(a)-(d) (relating to Presidential
and Presidential staff assassination and kidnaping), 1992 (relating to
trainwrecking), 2280 (relating to violence against maritime navigation),
2281 (relating to violence against maritime fixed platforms), 2332a
(relating to use of weapons of mass destruction), 2332b (relating to acts of
terrorism transcending national boundaries), 2339A (relating to providing
material support to terrorists), 2339B (relating to providing material
support to terrorist organizations), or 2340A (relating to torture) of this
title; section 236 (relating to sabotage of nuclear facilities or fuel) of
the Atomic Energy Act of 1954 (42 U.S.C. 2284); or section 46502 (relating
to aircraft piracy) or 60123(b) (relating to destruction of interstate gas
or hazardous liquid pipeline facility) of title 49;'.
SEC. 305. BIOLOGICAL WEAPONS.
Chapter 10 of title 18, United States Code, is amended--
(i) by striking, `section, the' and inserting
`section--
(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--
(A) by striking `a violation' and all that follows through `49'
and inserting `any Federal terrorism offense or any offense described in
section 25(2)'; and
(B) by striking `violation,' and inserting `offense,';
and
(2) in subsection (b), by inserting `expert advice or assistance,'
after `training,'.
SEC. 307. PROHIBITION AGAINST HARBORING.
(a) Title 18, United States Code, is amended by inserting before
section 792 the following:
`Sec. 791. Prohibition against harboring
`Whoever harbors or conceals any person who he knows has committed, or
is about to commit, an offense described in section 25(2) or this title shall
be fined under this title or imprisoned not more than ten years or both. There
is extraterritorial Federal jurisdiction over any violation of this section or
any conspiracy or attempt to violate this section. A violation of this section
or of such a conspiracy or attempt may be prosecuted in any Federal judicial
district in which the underlying offense was committed, or in any other
Federal judicial district as provided by law.'.
(b) The table of sections at the beginning of chapter 37 of title 18,
United States Code, is amended by inserting before the item relating to
section 792 the following:
`791. Prohibition against harboring.'.
SEC. 308. POST-RELEASE SUPERVISION OF TERRORISTS.
Section 3583 of title 18, United States Code, is amended by adding at
the end the following:
`(j) SUPERVISED RELEASE TERMS FOR TERRORISM OFFENSES- Notwithstanding
subsection (b), the authorized terms of supervised release for any Federal
terrorism offense are any term of years or life.'.
SEC. 309. DEFINITION.
(a) Chapter 1 of title 18, United States Code, is amended--
(1) by adding after section 24 a new section as follows:
`Sec. 25. Federal terrorism offense defined
`As used in this title, the term `Federal terrorism offense' means an
offense that is--
`(1) is calculated to influence or affect the conduct of government
by intimidation or coercion; or to retaliate against government conduct;
and
`(2) is a violation of, or an attempt or conspiracy to violate-
section 32 (relating to destruction of aircraft or aircraft facilities), 37
(relating to violence at international airports), 81 (relating to arson
within special maritime and territorial jurisdiction), 175, 175b (relating
to biological weapons), 229 (relating to chemical weapons), 351(a)-(d)
(relating to congressional, cabinet, and Supreme Court assassination and
kidnaping), 791 (relating to harboring terrorists), 831 (relating to nuclear
materials), 842(m) or (n) (relating to plastic explosives), 844(f) or (i)
(relating to arson and bombing of certain property), 930(c), 956 (relating
to conspiracy to injure property of a foreign government), 1030(a)(1),
1030(a)(5)(A), or 1030(a)(7) (relating to protection of computers), 1114
(relating to protection of officers and employees of the United States),
1116 (relating to murder or manslaughter of foreign officials, official
guests, or internationally protected persons), 1203 (relating to hostage
taking), 1361 (relating to injury of Government property or contracts), 1362
(relating to destruction of communication lines, stations, or systems), 1363
(relating to injury to buildings or property within special maritime and
territorial jurisdiction of the United States), 1366 (relating to
destruction of an energy facility), 1751(a)-(d) (relating to Presidential
and Presidential staff assassination and kidnaping), 1992, 2152 (relating to
injury of fortifications, harbor defenses, or defensive sea areas), 2155
(relating to destruction of national defense materials, premises, or
utilities), 2156 (relating to production of defective national defense
materials, premises, or utilities), 2280 (relating to violence against
maritime navigation), 2281 (relating to violence against maritime fixed
platforms), 2332 (relating to certain homicides and other violence against
United States nationals occurring outside of the United States), 2332a
(relating to use of weapons of mass destruction), 2332b (relating to acts of
terrorism transcending national boundaries), 2339A (relating to providing
material support to terrorists), 2339B (relating to providing material
support to terrorist organizations), or 2340A (relating to
torture);
`(3) section 236 (relating to sabotage of nuclear facilities or
fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284);
`(4) section 601 (relating to disclosure of identities of covert
agents) of the National Security Act of 1947 (50 U.S.C. 421); or
`(5) any of the following provisions of title 49: section 46502
(relating to aircraft piracy), the second sentence of section 46504
(relating to assault on a flight crew with a dangerous weapon), section
46505(b)(3), (relating to explosive or incendiary devices, or endangerment
of human life by means of weapons, on aircraft), section 46506 if homicide
or attempted homicide is involved, or section 60123(b) (relating to
destruction of interstate gas or hazardous liquid pipeline facility) of
title 49.'; and
(2) in the table of sections in the beginning of such chapter, by
inserting after the item relating to section 24 the following:
`25. Federal terrorism offense defined.'.
(b) Section 2332b(g)(5)(B) of title 18, United States Code, is amended
by striking `is a violation' and all that follows through `title 49' and
inserting `is a Federal terrorism offense'.
(c) Section 2331 of title 18, United States Code, is amended--
(1) in paragraph (1)(B)--
(A) by inserting `(or to have the effect)' after `intended';
and
(B) in clause (iii), by striking `by assassination or kidnapping'
and inserting `(or any function thereof) by mass destruction,
assassination, or kidnapping (or threat thereof)';
(2) in paragraph (3), by striking `and';
(3) in paragraph (4), by striking the period and inserting `; and';
and
(4) by inserting the following paragraph (4):
`(5) the term `domestic terrorism' means activities
that--
`(A) involve acts dangerous to human life that are a violation of
the criminal laws of the United States or of any State; and
`(B) appear to be intended (or to have the effect)--
`(i) to intimidate or coerce a civilian
population;
`(ii) to influence the policy of a government by intimidation or
coercion; or
`(iii) to affect the conduct of a government (or any function
thereof) by mass destruction, assassination, or kidnapping (or threat
thereof).'.
SEC. 310. CIVIL DAMAGES.
Section 2707(c) of title 18, United States Code, is amended by
striking `$1,000' and inserting `$10,000'.
Subtitle B--Criminal Procedure
SEC. 351. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is amended by
inserting after `executed' the following: `and (3) in an investigation of
domestic terrorism or international terrorism (as defined in section 2331 of
title 18, United States Code), by a Federal magistrate judge in any district
court of the United States (including a magistrate judge of such court), or
any United States Court of Appeals, having jurisdiction over the offense being
investigated, for a search of property or for a person within or outside the
district'.
SEC. 352. DNA IDENTIFICATION OF TERRORISTS.
Section 3(d)(1) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135a(d)(1)) is amended--
(1) by redesignating subparagraph (G) as subparagraph (H);
and
(2) by inserting after subparagraph (F) the a new subparagraph as
follows:
`(G) Any Federal terrorism offense (as defined in section 25 of
title 18, United States Code).'.
SEC. 353. GRAND JURY MATTERS.
Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is
amended--
(1) by adding after clause (iv) the following:
`(v) when permitted by a court at the request of an attorney for
the government, upon a showing that the matters pertain to international
or domestic terrorism (as defined in section 2331 of title 18, United
States Code) or national security, to any Federal law enforcement,
intelligence, national security, national defense, protective,
immigration personnel, or to the President or Vice President of the
United States, for the performance of official
duties.';
(2) by striking `or' at the end of clause (iii); and
(3) by striking the period at the end of clause (iv) and inserting
`; or'.
SEC. 354. EXTRATERRITORIALITY.
Chapter 113B of title 18, United States Code, is amended--
(1) in the heading for section 2338, by striking
`Exclusive';
(2) in section 2338, by inserting `There is extraterritorial Federal
jurisdiction over any Federal terrorism offense and any offense under this
chapter, in addition to any extraterritorial jurisdiction that may exist
under the law defining the offense, if the person committing the offense or
the victim of the offense is a national of the United States (as defined in
section 101 of the Immigration and Nationality Act) or if the offense is
directed at the security or interests of the United States.' before `The
district courts'; and
(3) in the table of sections at the beginning of such chapter, by
striking `Exclusive' in the item relating to section 2338.
SEC. 355. JURISDICTION OVER CRIMES COMMITTED AT UNITED STATES FACILITIES
ABROAD.
Section 7 of title 18, United States Code, is amended by adding at the
end the following:
`(9)(A) With respect to offenses committed by or against a United
States national, as defined in section 1203(c) of this title--
`(i) the premises of United States diplomatic, consular, military,
or other United States Government missions or entities in foreign states,
including the buildings, parts of buildings, and the land appurtenant or
ancillary thereto, irrespective of ownership, used for purposes of those
missions or entities; and
`(ii) residences in foreign states and the land appurtenant or
ancillary thereto, irrespective of ownership, used for purposes of those
missions or entities or used by United States personnel assigned to those
missions or entities, except that this paragraph does not supercede any
treaty or international agreement in force on the date of the enactment of
this paragraph.
`(B) This paragraph does not apply with respect to an offense
committed by a person described in section 3261(a).'.
SEC. 356. SPECIAL AGENT AUTHORITIES.
(a) GENERAL AUTHORITY OF SPECIAL AGENTS- Section 37(a) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is
amended--
(1) by striking paragraph (2) and inserting the
following:
`(2) in the course of performing the functions set forth in
paragraphs (1) and (3), obtain and execute search and arrest warrants, as
well as obtain and serve subpoenas and summonses, issued under the authority
of the United States;';
(2) in paragraph (3)(F) by inserting `or President-elect' after
`President'; and
(3) by striking paragraph (5) and inserting the
following:
`(5) in the course of performing the functions set forth in
paragraphs (1) and (3), make arrests without warrant for any offense against
the United States committed in the presence of the special agent, or for any
felony cognizable under the laws of the United States if the special agent
has reasonable grounds to believe that the person to be arrested has
committed or is committing such felony.'.
(b) CRIMES- Section 37 of such Act (22 U.S.C. 2709) is amended by
inserting after subsection (c) the following new subsections:
`(d) INTERFERENCE WITH AGENTS- Whoever knowingly and willfully
obstructs, resists, or interferes with a Federal law enforcement agent engaged
in the performance of the protective functions authorized by this section
shall be fined under title 18 or imprisoned not more than one year, or
both.
`(e) PERSONS UNDER PROTECTION OF SPECIAL AGENTS- Whoever engages in
any conduct--
`(1) directed against an individual entitled to protection under
this section, and
`(2) which would constitute a violation of section 112 or 878 of
title 18, United States Code, if such individual were a foreign official, an
official guest, or an internationally protected person, shall be subject to
the same penalties as are provided for such conduct directed against an
individual subject to protection under such section of title
18.'.
TITLE IV--FINANCIAL INFRASTRUCTURE
SEC. 401. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States Code, is amended by
inserting `or 2339B' after `2339A'.
SEC. 402. MATERIAL SUPPORT FOR TERRORISM.
Section 2339A of title 18, United States Code, is amended--
(1) in subsection (a), by adding at the end the following `A
violation of this section may be prosecuted in any Federal judicial district
in which the underlying offense was committed, or in any other Federal
judicial district as provided by law.'; and
(2) in subsection (b), by striking `or other financial securities'
and inserting `or monetary instruments or financial securities'.
SEC. 403. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is amended by
inserting after subparagraph (F) the following:
`(G) All assets, foreign or domestic--
`(i) of any person, entity, or organization engaged in planning or
perpetrating any act of domestic terrorism or international terrorism (as
defined in section 2331) against the United States, citizens or residents
of the United States, or their property, and all assets, foreign or
domestic, affording any person a source of influence over any such entity
or organization;
`(ii) acquired or maintained by any person for the purpose of
supporting, planning, conducting, or concealing an act of domestic
terrorism or international terrorism (as defined in section 2331) against
the United States, citizens or residents of the United States, or their
property; or
`(iii) derived from, involved in, or used or intended to be used
to commit any act of domestic terrorism or international terrorism (as
defined in section 2331) against the United States, citizens or residents
of the United States, or their property.'.
SEC. 404. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL
SUPPORT TO TERRORISM.
No provision of title IX of Public Law 106-387 shall be understood to
limit or otherwise affect section 2339A or 2339B of title 18, United States
Code.
SEC. 405. DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL
SECURITY INVESTIGATIONS.
(a) DISCLOSURE WITHOUT A REQUEST OF INFORMATION RELATING TO TERRORIST
ACTIVITIES, ETC- Paragraph (3) of section 6103(i) of the Internal Revenue Code
of 1986 (relating to disclosure of return information to apprise appropriate
officials of criminal activities or emergency circumstances) is amended by
adding at the end the following new subparagraph:
`(C) TERRORIST ACTIVITIES, ETC-
`(i) IN GENERAL- Except as provided in paragraph (6), the
Secretary may disclose in writing return information (other than
taxpayer return information) that may be related to a terrorist
incident, threat, or activity to the extent necessary to apprise the
head of the appropriate Federal law enforcement agency responsible for
investigating or responding to such terrorist incident, threat, or
activity. The head of the agency may disclose such return information to
officers and employees of such agency to the extent necessary to
investigate or respond to such terrorist incident, threat, or
activity.
`(ii) DISCLOSURE TO THE DEPARTMENT OF JUSTICE- Returns and
taxpayer return information may also be disclosed to the Attorney
General under clause (i) to the extent necessary for, and solely for use
in preparing, an application under paragraph (7)(D).
`(iii) TAXPAYER IDENTITY- For purposes of this subparagraph, a
taxpayer's identity shall not be treated as taxpayer return
information.
`(iv) TERMINATION- No disclosure may be made under this
subparagraph after December 31, 2003.'.
(b) DISCLOSURE UPON REQUEST OF INFORMATION RELATING TO TERRORIST
ACTIVITIES, ETC- Subsection (i) of section 6103 of such Code (relating to
disclosure to Federal officers or employees for administration of Federal laws
not relating to tax administration) is amended by redesignating paragraph (7)
as paragraph (8) and by inserting after paragraph (6) the following new
paragraph:
`(7) DISCLOSURE UPON REQUEST OF INFORMATION RELATING TO TERRORIST
ACTIVITIES, ETC-
`(A) DISCLOSURE TO LAW ENFORCEMENT AGENCIES-
`(i) IN GENERAL- Except as provided in paragraph (6), upon
receipt by the Secretary of a written request which meets the
requirements of clause (iii), the Secretary may disclose return
information (other than taxpayer return information) to officers and
employees of any Federal law enforcement agency who are personally and
directly engaged in the response to or investigation of terrorist
incidents, threats, or activities.
`(ii) DISCLOSURE TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES-
The head of any Federal law enforcement agency may disclose return
information obtained under clause (i) to officers and employees of any
State or local law enforcement agency but only if such agency is part of
a team with the Federal law enforcement agency in such response or
investigation and such information is disclosed only to officers and
employees who are personally and directly engaged in such response or
investigation.
`(iii) REQUIREMENTS- A request meets the requirements of this
clause if--
`(I) the request is made by the head of any Federal law
enforcement agency (or his delegate) involved in the response to or
investigation of terrorist incidents, threats, or activities,
and
`(II) the request sets forth the specific reason or reasons
why such disclosure may be relevant to a terrorist incident, threat,
or activity.
`(iv) LIMITATION ON USE OF INFORMATION- Information disclosed
under this subparagraph shall be solely for the use of the officers and
employees to whom such information is disclosed in such response or
investigation.
`(B) DISCLOSURE TO INTELLIGENCE AGENCIES-
`(i) IN GENERAL- Except as provided in paragraph (6), upon
receipt by the Secretary of a written request which meets the
requirements of clause (ii), the Secretary may disclose return
information (other than taxpayer return information) to those officers
and employees of the Department of Justice, the Department of the
Treasury, and other Federal intelligence agencies who are personally and
directly engaged in the collection or analysis of intelligence and
counterintelligence information or investigation concerning terrorists
and terrorist organizations and activities. For purposes of the
preceding sentence, the information disclosed under the preceding
sentence shall be solely for the use of such officers and employees in
such investigation, collection, or analysis.
`(ii) REQUIREMENTS- A request meets the requirements of this
subparagraph if the request--
`(I) is made by an individual described in clause (iii),
and
`(II) sets forth the specific reason or reasons why such
disclosure may be relevant to a terrorist incident, threat, or
activity.
`(iii) REQUESTING INDIVIDUALS- An individual described in this
subparagraph is an individual--
`(I) who is an officer or employee of the Department of
Justice or the Department of the Treasury who is appointed by the
President with the advice and consent of the Senate or who is the
Director of the United States Secret Service, and
`(II) who is responsible for the collection and analysis of
intelligence and counterintelligence information concerning terrorists
and terrorist organizations and activities.
`(iv) TAXPAYER IDENTITY- For purposes of this subparagraph, a
taxpayer's identity shall not be treated as taxpayer return
information.
`(C) DISCLOSURE UNDER EX PARTE ORDERS-
`(i) IN GENERAL- Except as provided in paragraph (6), any return
or return information with respect to any specified taxable period or
periods shall, pursuant to and upon the grant of an ex parte order by a
Federal district court judge or magistrate under clause (ii), be open
(but only to the extent necessary as provided in such order) to
inspection by, or disclosure to, officers and employees of any Federal
law enforcement agency or Federal intelligence agency who are personally
and directly engaged in any investigation, response to, or analysis of
intelligence and counterintelligence information concerning any
terrorist activity or threats. Return or return information opened
pursuant to the preceding sentence shall be solely for the use of such
officers and employees in the investigation, response, or analysis, and
in any judicial, administrative, or grand jury proceedings, pertaining
to any such terrorist activity or threat.
`(ii) APPLICATION FOR ORDER- The Attorney General, the Deputy
Attorney General, the Associate Attorney General, any Assistant Attorney
General, or any United States attorney may authorize an application to a
Federal district court judge or magistrate for the order referred to in
clause (i). Upon such application, such judge or magistrate may grant
such order if he determines on the basis of the facts submitted by the
applicant that--
`(I) there is reasonable cause to believe, based upon
information believed to be reliable, that the taxpayer whose return or
return information is to be disclosed may be connected to a terrorist
activity or threat,
`(II) there is reasonable cause to believe that the return or
return information may be relevant to a matter relating to such
terrorist activity or threat, and
`(III) the return or return information is sought exclusively
for use in a Federal investigation, analysis, or proceeding concerning
terrorist activity, terrorist threats, or terrorist
organizations.
`(D) SPECIAL RULE FOR EX PARTE DISCLOSURE BY THE IRS-
`(i) IN GENERAL- Except as provided in paragraph (6), the
Secretary may authorize an application to a Federal district court judge
or magistrate for the order referred to in subparagraph (C)(i). Upon
such application, such judge or magistrate may grant such order if he
determines on the basis of the facts submitted by the applicant that the
requirements of subclauses (I) and (II) of subparagraph (C)(ii) are
met.
`(ii) LIMITATION ON USE OF INFORMATION- Information disclosed
under clause (i)--
`(I) may be disclosed only to the extent necessary to apprise
the head of the appropriate Federal law enforcement agency responsible
for investigating or responding to a terrorist incident, threat, or
activity, and
`(II) shall be solely for use in a Federal investigation,
analysis, or proceeding concerning terrorist activity, terrorist
threats, or terrorist organizations.
The head of such Federal agency may disclose such information to
officers and employees of such agency to the extent necessary to
investigate or respond to such terrorist incident, threat, or
activity.
`(E) TERMINATION- No disclosure may be made under this paragraph
after December 31, 2003.'.
(c) CONFORMING AMENDMENTS-
(1) Section 6103(a)(2) of such Code is amended by inserting `any
local law enforcement agency receiving information under subsection
(i)(7)(A),' after `State,'.
(2) The heading of section 6103(i)(3) of such Code is amended by
inserting `OR TERRORIST' after `CRIMINAL'.
(3) Paragraph (4) of section 6103(i) of such Code is
amended--
(A) in subparagraph (A) by inserting `or (7)(C)' after `paragraph
(1)', and
(B) in subparagraph (B) by striking `or (3)(A)' and inserting
`(3)(A) or (C), or (7)'.
(4) Paragraph (6) of section 6103(i) of such Code is
amended--
(A) by striking `(3)(A)' and inserting `(3)(A) or (C)',
and
(B) by striking `or (7)' and inserting `(7), or
(8)'.
(5) Section 6103(p)(3) of such Code is amended--
(A) in subparagraph (A) by striking `(7)(A)(ii)' and inserting
`(8)(A)(ii)', and
(B) in subparagraph (C) by striking `(i)(3)(B)(i)' and inserting
`(i)(3)(B)(i) or (7)(A)(ii)'.
(6) Section 6103(p)(4) of such Code is amended--
(A) in the matter preceding subparagraph (A)--
(i) by striking `or (5),' the first place it appears and
inserting `(5), or (7),', and
(ii) by striking `(i)(3)(B)(i)' and inserting `(i)(3)(B)(i) or
(7)(A)(ii)', and
(B) in subparagraph (F)(ii) by striking `or (5),' the first place
it appears and inserting `(5) or (7),'.
(7) Section 6103(p)(6)(B)(i) of such Code is amended by striking
`(i)(7)(A)(ii)' and inserting `(i)(8)(A)(ii)'.
(8) Section 7213(a)(2) of such Code is amended by striking
`(i)(3)(B)(i),' and inserting `(i)(3)(B)(i) or (7)(A)(ii),'.
(e) EFFECTIVE DATE- The amendments made by this section shall apply to
disclosures made on or after the date of the enactment of this Act.
SEC. 406. EXTRATERRITORIAL JURISDICTION.
Section 1029 of title 18, United States Code, is amended by adding at
the end the following:
`(h) Any person who, outside the jurisdiction of the United States,
engages in any act that, if committed within the jurisdiction of the United
States, would constitute an offense under subsection (a) or (b) of this
section, shall be subject to the fines, penalties, imprisonment, and
forfeiture provided in this title if--
`(1) the offense involves an access device issued, owned, managed,
or controlled by a financial institution, account issuer, credit card system
member, or other entity within the jurisdiction of the United States;
and
`(2) the person transports, delivers, conveys, transfers to or
through, or otherwise stores, secrets, or holds within the jurisdiction of
the United States, any article used to assist in the commission of the
offense or the proceeds of such offense or property derived
therefrom.'.
TITLE V--EMERGENCY AUTHORIZATIONS
SEC. 501. OFFICE OF JUSTICE PROGRAMS.
(a) In connection with the airplane hijackings and terrorist acts
(including, without limitation, any related search, rescue, relief,
assistance, or other similar activities) that occurred on September 11, 2001,
in the United States, amounts transferred to the Crime Victims Fund from the
Executive Office of the President or funds appropriated to the President shall
not be subject to any limitation on obligations from amounts deposited or
available in the Fund.
(b) Section 112 of title I of section 101(b) of division A of Public
Law 105-277 and section 108(a) of the Departments of Commerce, Justice, and
State, The Judiciary, and Related Agencies Appropriations Act, 2000 (H.R. 3421
of the 106th Congress, as enacted into law by section 1000(a)(1) of Public Law
106-113; Appendix A; 113 Stat. 1501A-20) are amended--
(1) after `that Office', each place it occurs, by inserting
`(including, notwithstanding any contrary provision of law (unless the same
should expressly refer to this section), any organization that administers
any program established in title I of Public Law 90-351)'; and
(2) by inserting `functions, including any' after `all'.
(c) Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C.
10603b) is amended by inserting `, to victim service organizations, to public
agencies (including Federal, State, or local governments), and to
non-governmental organizations that provide assistance to victims of crime,'
after `programs'.
(d) Section 1 of Public Law 107-37 is amended--
(1) by inserting `(containing identification of all eligible payees
of benefits under section 1201)' before `by a';
(2) by inserting `producing permanent and total disability' after
`suffered a catastrophic injury'; and
(3) by striking `1201(a)' and inserting `1201'.
SEC. 502. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS.
(a) IN GENERAL- (1) Title 18, United States Code, is amended by
striking sections 3059 through 3059B and inserting the following:
`Sec. 3059. Rewards and appropriations therefor
`(a) IN GENERAL- Subject to subsection (b), the Attorney General may
pay rewards in accordance with procedures and regulations established or
issued by the Attorney General.
`(b) LIMITATIONS- The following limitations apply with respect to
awards under subsection (a):
`(1) No such reward, other than in connection with a terrorism
offense or as otherwise specifically provided by law, shall exceed
$2,000,000.
`(2) No such reward of $250,000 or more may be made or offered
without the personal approval of either the Attorney General or the
President.
`(3) The Attorney General shall give written notice to the Chairmen
and ranking minority members of the Committees on Appropriations and the
Judiciary of the Senate and the House of Representatives not later than 30
days after the approval of a reward under paragraph (2);
`(4) Any executive agency or military department (as defined,
respectively, in sections 105 and 102 of title 5) may provide the Attorney
General with funds for the payment of rewards.
`(5) Neither the failure to make or authorize such a reward nor the
amount of any such reward made or authorized shall be subject to judicial
review.
`(c) DEFINITION- In this section, the term `reward' means a payment
pursuant to public advertisements for assistance to the Department of
Justice.'.
(2) The items relating to sections 3059A through 3059B in the table of
sections at the beginning of chapter 203 of title 18, United States Code, are
repealed.
(b) CONFORMING AMENDMENTS- --
(1) Section 3075 of title 18, United States Code, and that portion
of section 3072 of title 18, United States Code, that follows the first
sentence, are repealed.
(2) Public Law 101-647 is amended--
(A) in section 2565 (12 U.S.C. 4205)--
(i) by striking all the matter after `section 2561,' in
subsection (c)(1) and inserting `the Attorney General may, in the
Attorney General's discretion, pay a reward to the declaring.';
and
(ii) by striking subsection (e); and
(B) by striking section 2569 (12 U.S.C. 4209).
SEC. 503. LIMITED AUTHORITY TO PAY OVERTIME.
The matter under the headings `Immigration And Naturalization Service:
Salaries and Expenses, Enforcement And Border Affairs' and `Immigration And
Naturalization Service: Salaries and Expenses, Citizenship And Benefits,
Immigration Support And Program Direction' in the Department of Justice
Appropriations Act, 2001 (as enacted into law by Appendix B (H.R. 5548) of
Public Law 106-553 (114 Stat. 2762A-58 to 2762A-59)) is amended by striking
each place it occurs: `Provided' and all that follows through `That
none of the funds available to the Immigration and Naturalization Service
shall be available to pay any employee overtime pay in an amount in excess of
$30,000 during the calendar year beginning January 1, 2001:'.
SEC. 504. DEPARTMENT OF STATE REWARD AUTHORITY.
(a) CHANGES IN REWARD AUTHORITY- Section 36 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended--
(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:
`(A) Except as provided in subparagraph (B), no reward paid under
this section may exceed $10,000,000.
`(B) The Secretary of State may authorize the payment of an award
not to exceed $25,000,000 if the Secretary determines that payment of an
award exceeding the amount under subparagraph (A) is important to the
national interest of the United States.'.
(b) Sense of Congress Regarding Rewards Relating to the September 11,
2001 Attack- It is the sense of the Congress that the Secretary of State
should use the authority of section 36 of the State Department Basic
Authorities Act of 1956, as amended by subsection (a), to offer a reward of
$25,000,000 for Osama bin Laden and other leaders of the September 11, 2001
attack on the United States.
SEC. 505. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN SOUTH AND
CENTRAL ASIA.
In addition to amounts otherwise available to carry out section 481 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291), there is authorized to be
appropriated to the President not less than $5,000,000 for fiscal year 2002
for regional antidrug training in the Republic of Turkey by the Drug
Enforcement Administration for police, as well as increased precursor chemical
control efforts in the South and Central Asia region.
SEC. 506. PUBLIC SAFETY OFFICER BENEFITS.
(a) IN GENERAL- Section 1201(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by striking
`$100,000' and inserting `$250,000'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
any death or disability occurring on or after January 1, 2001.
TITLE VI--DAM SECURITY
SEC. 601. SECURITY OF RECLAMATION DAMS, FACILITIES, AND
RESOURCES.
Section 2805(a) of the Reclamation Recreation Management Act of 1992
(16 U.S.C. 460l-33(a)) is amended by adding at the end the following:
`(3) Any person who violates any such regulation which is issued
pursuant to this Act shall be fined under title 18, United States Code,
imprisoned not more than 6 months, or both. Any person charged with a
violation of such regulation may be tried and sentenced by any United States
magistrate judge designated for that purpose by the court by which such judge
was appointed, in the same manner and subject to the same conditions and
limitations as provided for in section 3401 of title 18, United States
Code.
`(A) authorize law enforcement personnel from the Department of the
Interior to act as law enforcement officers to maintain law and order and
protect persons and property within a Reclamation project or on Reclamation
lands;
`(B) authorize law enforcement personnel of any other Federal agency
that has law enforcement authority, with the exception of the Department of
Defense, or law enforcement personnel of any State or local government,
including Indian tribes, when deemed economical and in the public interest,
and with the concurrence of that agency or that State or local government,
to act as law enforcement officers within a Reclamation project or on
Reclamation lands with such enforcement powers as may be so assigned them by
the Secretary to carry out the regulations promulgated under paragraph
(2);
`(C) cooperate with any State or local government, including Indian
tribes, in the enforcement of the laws or ordinances of that State or local
government; and
`(D) provide reimbursement to a State or local government, including
Indian tribes, for expenditures incurred in connection with activities under
subparagraph (B).
`(5) Officers or employees designated or authorized by the Secretary
under paragraph (4) are authorized to--
`(A) carry firearms within a Reclamation project or on Reclamation
lands and make arrests without warrants for any offense against the United
States committed in their presence, or for any felony cognizable under the
laws of the United States if they have reasonable grounds to believe that
the person to be arrested has committed or is committing such a felony, and
if such arrests occur within a Reclamation project or on Reclamation lands
or the person to be arrested is fleeing therefrom to avoid
arrest;
`(B) execute within a Reclamation project or on Reclamation lands
any warrant or other process issued by a court or officer of competent
jurisdiction for the enforcement of the provisions of any Federal law or
regulation issued pursuant to law for an offense committed within a
Reclamation project or on Reclamation lands; and
`(C) conduct investigations within a Reclamation project or on
Reclamation lands of offenses against the United States committed within a
Reclamation project or on Reclamation lands, if the Federal law enforcement
agency having investigative jurisdiction over the offense committed declines
to investigate the offense or concurs with such investigation.
`(6)(A) Except as otherwise provided in this paragraph, a law
enforcement officer of any State or local government, including Indian tribes,
designated to act as a law enforcement officer under paragraph (4) shall not
be deemed a Federal employee and shall not be subject to the provisions of law
relating to Federal employment, including those relating to hours of work,
rates of compensation, employment discrimination, leave, unemployment
compensation, and Federal benefits.
`(B) For purposes of chapter 171 of title 28, United States Code,
popularly known as the Federal Tort Claims Act, a law enforcement officer of
any State or local government, including Indian tribes, shall, when acting as
a designated law enforcement officer under paragraph (4) and while under
Federal supervision and control, and only when carrying out Federal law
enforcement responsibilities, be considered a Federal employee.
`(C) For purposes of subchapter I of chapter 81 of title 5, United
States Code, relating to compensation to Federal employees for work injuries,
a law enforcement officer of any State or local government, including Indian
tribes, shall, when acting as a designated law enforcement officer under
paragraph (4) and while under Federal supervision and control, and only when
carrying out Federal law enforcement responsibilities, be deemed a civil
service employee of the United States within the meaning of the term
`employee' as defined in section 8101 of title 5, and the provisions of that
subchapter shall apply. Benefits under this subchapter shall be reduced by the
amount of any entitlement to State or local workers' compensation benefits
arising out of the same injury or death.
`(7) Nothing in paragraphs (3) through (9) shall be construed or
applied to limit or restrict the investigative jurisdiction of any Federal law
enforcement agency, or to affect any existing right of a State or local
government, including Indian tribes, to exercise civil and criminal
jurisdiction within a Reclamation project or on Reclamation lands.
`(8) For the purposes of this subsection, the term `law enforcement
personnel' means employees of a Federal, State, or local government agency,
including an Indian tribal agency, who have successfully completed law
enforcement training approved by the Secretary and are authorized to carry
firearms, make arrests, and execute service of process to enforce criminal
laws of their employing jurisdiction.
`(9) The law enforcement authorities provided for in this subsection
may be exercised only pursuant to rules and regulations promulgated by the
Secretary and approved by the Attorney General.'.
TITLE VII--MISCELLANEOUS
SEC. 701. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF
INVESTIGATION.
(a) AUTHORITY- The Director of the Federal Bureau of Investigation is
authorized to expedite the employment of personnel as translators to support
counterterrorism investigations and operations without regard to applicable
Federal personnel requirements and limitations.
(b) SECURITY REQUIREMENTS- The Director of the Federal Bureau of
Investigation shall establish such security requirements as are necessary for
the personnel employed as translators.
(c) REPORT- The Attorney General shall report to the Committees on the
Judiciary of the House of Representatives and the Senate on--
(1) the number of translators employed by the FBI and other
components of the Department of Justice;
(2) any legal or practical impediments to using translators employed
by other Federal State, or local agencies, on a full, part-time, or shared
basis; and
(3) the needs of the FBI for specific translation services in
certain languages, and recommendations for meeting those needs.
SEC. 702. REVIEW OF THE DEPARTMENT OF JUSTICE.
(a) APPOINTMENT OF DEPUTY INSPECTOR GENERAL FOR CIVIL RIGHTS, CIVIL
LIBERTIES, AND THE FEDERAL BUREAU OF INVESTIGATION- The Inspector General of
the Department of Justice shall appoint a Deputy Inspector General for Civil
Rights, Civil Liberties, and the Federal Bureau of Investigation (hereinafter
in this section referred to as the `Deputy').
(b) CIVIL RIGHTS AND CIVIL LIBERTIES REVIEW- The Deputy
shall--
(1) review information alleging abuses of civil rights, civil
liberties, and racial and ethnic profiling by government employees and
officials including employees and officials of the Department of
Justice;
(2) make public through the Internet, radio, television, and
newspaper advertisements information on the responsibilities and functions
of, and how to contact, the Deputy; and
(3) submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate on a
semi-annual basis a report on the implementation of this subsection and
detailing any abuses described in paragraph (1), including a description of
the use of funds appropriations used to carry out this
subsection.
(c) INSPECTOR GENERAL OVERSIGHT PLAN FOR THE FEDERAL BUREAU OF
INVESTIGATION- Not later than 30 days after the date of the enactment of this
Act, the Inspector General of the Department of Justice shall submit to the
Congress a plan for oversight of the Federal Bureau of Investigation. The
Inspector General shall consider the following activities for inclusion in
such plan:
(1) FINANCIAL SYSTEMS- Auditing the financial systems, information
technology systems, and computer security systems of the Federal Bureau of
Investigation.
(2) PROGRAMS AND PROCESSES- Auditing and evaluating programs and
processes of the Federal Bureau of Investigation to identify systemic
weaknesses or implementation failures and to recommend corrective
action.
(3) INTERNAL AFFAIRS OFFICES- Reviewing the activities of internal
affairs offices of the Federal Bureau of Investigation, including the
Inspections Division and the Office of Professional
Responsibility.
(4) PERSONNEL- Investigating allegations of serious misconduct by
personnel of the Federal Bureau of Investigation.
(5) OTHER PROGRAMS AND OPERATIONS- Reviewing matters relating to any
other program or and operation of the Federal Bureau of Investigation that
the Inspector General determines requires review.
(6) RESOURCES- Identifying resources needed by the Inspector General
to implement such plan.
(d) REVIEW OF INVESTIGATIVE TOOLS- Not later than August 31, 2003, the
Deputy shall review the implementation, use, and operation (including the
impact on civil rights and liberties) of the law enforcement and intelligence
authorities contained in title I of this Act and provide a report to the
President and Congress.
SEC. 703. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER SCANNING
SYSTEM WITH ACCESS TO THE FBI INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM AT OVERSEAS CONSULAR POSTS AND POINTS OF ENTRY TO THE UNITED
STATES.
(a) IN GENERAL- The Attorney General, in consultation with the
Secretary of State and the Secretary of Transportation, shall conduct a study
on the feasibility of utilizing a biometric identifier (fingerprint) scanning
system, with access to the database of the Federal Bureau of Investigation
Integrated Automated Fingerprint Identification System, at consular offices
abroad and at points of entry into the United States to enhance the ability of
State Department and immigration officials to identify aliens who may be
wanted in connection with criminal or terrorist investigations in the United
States or abroad prior to the issuance of visas or entry into the United
States.
(b) REPORT TO CONGRESS- Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall submit a report summarizing
the findings of the study authorized under subsection (a) to the Committee on
International Relations and the Committee on the Judiciary of the House of
Representatives and the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate.
SEC. 704. STUDY OF ACCESS.
(a) IN GENERAL- Not later than December 31, 2002, the Federal Bureau
of Investigation shall study and report to Congress on the feasibility of
providing to airlines access via computer to the names of passengers who are
suspected of terrorist activity by Federal officials.
(b) AUTHORIZATION- There are authorized to be appropriated for fiscal
years 2002 though 2003 not more than $250,000 to carry out subsection
(a).
SEC. 705. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.
(a) SHORT TITLE- This section may be cited as the `Justice for Victims
of Terrorism Act'.
(1) IN GENERAL- Section 1603(b) of title 28, United States Code, is
amended--
(A) in paragraph (3) by striking the period and inserting `;
and';
(B) by redesignating paragraphs (1), (2), and (3) as subparagraphs
(A), (B), and (C), respectively (and by moving the margins 2 em spaces to
the right);
(C) by striking `(b)' through `entity--' and inserting the
following:
`(b) An `agency or instrumentality of a foreign state' means--
(D) by adding at the end the following:
`(2) for purposes of sections 1605(a)(7) and 1610(a)(7) and (f), any
entity as defined under subparagraphs (A) and (B) of paragraph (1), and
subparagraph (C) of paragraph (1) shall not apply.'.
(2) TECHNICAL AND CONFORMING AMENDMENT- Section 1391(f)(3) of title
28, United States Code, is amended by striking `1603(b)' and inserting
`1603(b)(1)'.
(c) ENFORCEMENT OF JUDGMENTS- Section 1610(f) of title 28, United
States Code, is amended--
(A) in subparagraph (A) by striking `(including any agency or
instrumentality or such state)' and inserting `(including any agency or
instrumentality of such state), except to the extent of any punitive
damages awarded'; and
(B) by adding at the end the following:
`(C) Notwithstanding any other provision of law, moneys due from or
payable by the United States (including any agency or instrumentality thereof)
to any state against which a judgment is pending under section 1605(a)(7)
shall be subject to attachment and execution with respect to that judgment, in
like manner and to the same extent as if the United States were a private
person, except to the extent of any punitive damages awarded.'; and
(2) by striking paragraph (3) and adding the following:
`(3)(A) Subject to subparagraph (B), upon determining on an
asset-by-asset basis that a waiver is necessary in the national security
interest, the President may waive this subsection in connection with (and
prior to the enforcement of) any judicial order directing attachment in aid of
execution or execution against any property subject to the Vienna Convention
on Diplomatic Relations or the Vienna Convention on Consular
Relations.
`(B) A waiver under this paragraph shall not apply to--
`(i) if property subject to the Vienna Convention on Diplomatic
Relations or the Vienna Convention on Consular Relations has been used for
any nondiplomatic purpose (including use as rental property), the proceeds
of such use; or
`(ii) if any asset subject to the Vienna Convention on Diplomatic
Relations or the Vienna Convention on Consular Relations is sold or
otherwise transferred for value to a third party, the proceeds of such sale
or transfer.
`(C) In this paragraph, the term `property subject to the Vienna
Convention on Diplomatic Relations or the Vienna Convention on Consular
Relations' and the term `asset subject to the Vienna Convention on Diplomatic
Relations or the Vienna Convention on Consular Relations' mean any property or
asset, respectively, the attachment in aid of execution or execution of which
would result in a violation of an obligation of the United States under the
Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular
Relations, as the case may be.
`(4) For purposes of this subsection, all assets of any agency or
instrumentality of a foreign state shall be treated as assets of that foreign
state.'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
any claim for which a foreign state is not immune under section 1605(a)(7) of
title 28, United States Code, arising before, on, or after the date of the
enactment of this Act.
(e) PAYGO ADJUSTMENT- The Director of the Office of Management and
Budget shall not make any estimates of changes in direct spending outlays and
receipts under section 252(d) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 902(d)) for any fiscal year resulting from the
enactment of this section.
TITLE VIII--PRIVATE SECURITY OFFICER QUALITY
ASSURANCE
SEC. 801. SHORT TITLE.
This title may be cited as the `Private Security Officer Quality
Assurance Act of 2001'.
SEC. 802. FINDINGS.
(1) employment of private security officers in the United States is
growing rapidly;
(2) the private security industry provides numerous opportunities
for entry-level job applicants, including individuals suffering from
unemployment due to economic conditions or dislocations;
(3) sworn law enforcement officers provide significant services to
the citizens of the United States in its public areas, and are only
supplemented by private security officers who provide prevention and
reporting services in support of, but not in place of, regular sworn
police;
(4) given the growth of large private shopping malls, and the
consequent reduction in the number of public shopping streets, the American
public is more likely to have contact with private security personnel in the
course of a day than with sworn law enforcement officers;
(5) regardless of the differences in their duties, skill, and
responsibilities, the public has difficulty in discerning the difference
between sworn law enforcement officers and private security personnel;
and
(6) the American public demands the employment of qualified,
well-trained private security personnel as an adjunct, but not a replacement
for sworn law enforcement officers.
SEC. 803. BACKGROUND CHECKS.
(a) IN GENERAL- An association of employers of private security
officers, designated for the purpose of this section by the Attorney General,
may submit fingerprints or other methods of positive identification approved
by the Attorney General, to the Attorney General on behalf of any applicant
for a State license or certificate of registration as a private security
officer or employer of private security officers. In response to such a
submission, the Attorney General may, to the extent provided by State law
conforming to the requirements of the second paragraph under the heading
`Federal Bureau of Investigation' and the subheading `Salaries and Expenses'
in title II of Public Law 92-544 (86 Stat. 1115), exchange, for licensing and
employment purposes, identification and criminal history records with the
State governmental agencies to which such applicant has applied.
(b) REGULATIONS- The Attorney General may prescribe such regulations
as may be necessary to carry out this section, including measures relating to
the security, confidentiality, accuracy, use, and dissemination of information
and audits and recordkeeping and the imposition of fees necessary for the
recovery of costs.
(c) REPORT- The Attorney General shall report to the Senate and House
Committees on the Judiciary 2 years after the date of enactment of this Act on
the number of inquiries made by the association of employers under this
section and their disposition.
SEC. 804. SENSE OF CONGRESS.
It is the sense of Congress that States should participate in the
background check system established under section 803.
SEC. 805. DEFINITIONS.
(1) the term `employee' includes an applicant for
employment;
(2) the term `employer' means any person that--
(A) employs one or more private security officers;
or
(B) provides, as an independent contractor, for consideration, the
services of one or more private security officers (possibly including
oneself);
(3) the term `private security officer'--
(i) an individual who performs security services, full or part
time, for consideration as an independent contractor or an employee,
whether armed or unarmed and in uniform or plain clothes whose primary
duty is to perform security services, or
(ii) an individual who is an employee of an electronic security
system company who is engaged in one or more of the following activities
in the State: burglar alarm technician, fire alarm technician, closed
circuit television technician, access control technician, or security
system monitor; but
(i) sworn police officers who have law enforcement powers in the
State,
(ii) attorneys, accountants, and other professionals who are
otherwise licensed in the State,
(iii) employees whose duties are primarily internal audit or
credit functions,
(iv) persons whose duties may incidentally include the reporting
or apprehension of shoplifters or trespassers, or
(v) an individual on active duty in the military
service;
(4) the term `certificate of registration' means a license, permit,
certificate, registration card, or other formal written permission from the
State for the person to engage in providing security services;
(5) the term `security services' means the performance of one or
more of the following:
(A) the observation or reporting of intrusion, larceny, vandalism,
fire or trespass;
(B) the deterrence of theft or misappropriation of any goods,
money, or other item of value;
(C) the observation or reporting of any unlawful
activity;
(D) the protection of individuals or property, including
proprietary information, from harm or misappropriation;
(E) the control of access to premises being
protected;
(F) the secure movement of prisoners;
(G) the maintenance of order and safety at athletic,
entertainment, or other public activities;
(H) the provision of canine services for protecting premises or
for the detection of any unlawful device or substance; and
(I) the transportation of money or other valuables by armored
vehicle; and
(6) the term `State' means any of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana
Islands.
END