H. R. 3162—92
is not required to promulgate regulations prior to implementing
this subtitle.
SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF
TERRORISTS.
Notwithstanding any other provision of this subtitle, nothing
in this subtitle shall be construed to provide any benefit or relief
to—
(1) any individual culpable for a specified terrorist activity;
or
(2) any family member of any individual described in para-
graph (1).
SEC. 428. DEFINITIONS.
(a) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVI-
SIONS.—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 sub-
title, the term ‘‘specified terrorist activity’’ means any terrorist
activity conducted against the Government or the people of the
United States on September 11, 2001.
TITLE V—REMOVING OBSTACLES TO
INVESTIGATING TERRORISM
SEC. 501. ATTORNEY GENERAL’S AUTHORITY TO PAY REWARDS TO
COMBAT TERRORISM.
(a) PAYMENT
OF REWARDS TO COMBAT TERRORISM.—Funds
available to the Attorney General may be used for the payment
of rewards pursuant to public advertisements for assistance to
the Department of Justice to combat terrorism and defend the
Nation against terrorist acts, in accordance with procedures and
regulations established or issued by the Attorney General.
(b) CONDITIONS.—In making rewards under this section—
(1) no such reward of $250,000 or more may be made
or offered without the personal approval of either the Attorney
General or the President;
(2) the Attorney General shall give written notice to the
Chairmen and ranking minority members of the Committees
on Appropriations and the Judiciary of the Senate and of the
House of Representatives not later than 30 days after the
approval of a reward under paragraph (1);
(3) any executive agency or military department (as defined,
respectively, in sections 105 and 102 of title 5, United States
Code) may provide the Attorney General with funds for the
payment of rewards;
(4) neither the failure of the Attorney General to authorize
a payment nor the amount authorized shall be subject to
judicial review; and
(5) no such reward shall be subject to any per- or aggregate
reward spending limitation established by law, unless that
law expressly refers to this section, and no reward paid pursu-
ant to any such offer shall count toward any such aggregate
reward spending limitation.
H. R. 3162—93
SEC. 502. SECRETARY OF STATE’S AUTHORITY TO PAY REWARDS.
Section 36 of the State Department Basic Authorities Act of
1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended—
(1) in subsection (b)—
(A) in paragraph (4), by striking ‘‘or’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘, including by dismantling an organiza-
tion in whole or significant part; or’’; and
(C) by adding at the end the following:
‘‘(6) the identification or location of an individual who holds
a key leadership position in a terrorist organization.’’;
(2) in subsection (d), by striking paragraphs (2) and (3)
and redesignating paragraph (4) as paragraph (2); and
(3) in subsection (e)(1), by inserting ‘‘, except as personally
authorized by the Secretary of State if he determines that
offer or payment of an award of a larger amount is necessary
to combat terrorism or defend the Nation against terrorist
acts.’’ after ‘‘$5,000,000’’.
SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT
OFFENDERS.
Section 3(d)(2) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135a(d)(2)) is amended to read as follows:
‘‘(2) In addition to the offenses described in paragraph
(1), the following offenses shall be treated for purposes of this
section as qualifying Federal offenses, as determined by the
Attorney General:
‘‘(A) Any offense listed in section 2332b(g)(5)(B) of title
18, United States Code.
‘‘(B) Any crime of violence (as defined in section 16
of title 18, United States Code).
‘‘(C) Any attempt or conspiracy to commit any of the
above offenses.’’.
SEC. 504. COORDINATION WITH LAW ENFORCEMENT.
(a) INFORMATION ACQUIRED FROM
AN ELECTRONIC SURVEIL-
LANCE.—Section 106 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1806), is amended by adding at the end the
following:
‘‘(k)(1) Federal officers who conduct electronic surveillance to
acquire foreign intelligence information under this title may consult
with Federal law enforcement officers to coordinate efforts to inves-
tigate or protect against—
‘‘(A) actual or potential attack or other grave hostile acts
of a foreign power or an agent of a foreign power;
‘‘(B) sabotage or international terrorism by a foreign power
or an agent of a foreign power; or
‘‘(C) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a
foreign power.
‘‘(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 104(a)(7)(B) or the
entry of an order under section 105.’’.
(b) INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.—Section
305 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1825) is amended by adding at the end the following:
H. R. 3162—94
‘‘(k)(1) Federal officers who conduct physical searches to acquire
foreign intelligence information under this title may consult with
Federal law enforcement officers to coordinate efforts to investigate
or protect against—
‘‘(A) actual or potential attack or other grave hostile acts
of a foreign power or an agent of a foreign power;
‘‘(B) sabotage or international terrorism by a foreign power
or an agent of a foreign power; or
‘‘(C) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a
foreign power.
‘‘(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 303(a)(7) or the entry
of an order under section 304.’’.
SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.
(a) TELEPHONE TOLL AND TRANSACTIONAL RECORDS.—Section
2709(b) of title 18, United States Code, is amended—
(1) in the matter preceding paragraph (1), by inserting
‘‘at Bureau headquarters or a Special Agent in Charge in a
Bureau field office designated by the Director’’ after ‘‘Assistant
Director’’;
(2) in paragraph (1)—
(A) by striking ‘‘in a position not lower than Deputy
Assistant Director’’; and
(B) by striking ‘‘made that’’ and all that follows and
inserting the following: ‘‘made that the name, address,
length of service, and toll billing records sought are relevant
to an authorized investigation to protect against inter-
national terrorism or clandestine intelligence activities,
provided that such an investigation of a United States
person is not conducted solely on the basis of activities
protected by the first amendment to the Constitution of
the United States; and’’; and
(3) in paragraph (2)—
(A) by striking ‘‘in a position not lower than Deputy
Assistant Director’’; and
(B) by striking ‘‘made that’’ and all that follows and
inserting the following: ‘‘made that the information sought
is relevant to an authorized investigation to protect against
international terrorism or clandestine intelligence activi-
ties, provided that such an investigation of a United States
person is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution of
the United States.’’.
(b) FINANCIAL RECORDS.—Section 1114(a)(5)(A) of the Right
to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is
amended—
(1) by inserting ‘‘in a position not lower than Deputy Assist-
ant Director at Bureau headquarters or a Special Agent in
Charge in a Bureau field office designated by the Director’’
after ‘‘designee’’; and
(2) by striking ‘‘sought’’ and all that follows and inserting
‘‘sought for foreign counter intelligence purposes to protect
against international terrorism or clandestine intelligence
activities, provided that such an investigation of a United States
H. R. 3162—95
person is not conducted solely upon the basis of activities pro-
tected by the first amendment to the Constitution of the United
States.’’.
(c) CONSUMER
REPORTS.—Section 624 of the Fair Credit
Reporting Act (15 U.S.C. 1681u) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special
Agent in Charge of a Bureau field office designated by
the Director’’ after ‘‘designee’’ the first place it appears;
and
(B) by striking ‘‘in writing that’’ and all that follows
through the end and inserting the following: ‘‘in writing,
that such information is sought for the conduct of an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided
that such an investigation of a United States person is
not conducted solely upon the basis of activities protected
by the first amendment to the Constitution of the United
States.’’;
(2) in subsection (b)—
(A) by inserting ‘‘in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special
Agent in Charge of a Bureau field office designated by
the Director’’ after ‘‘designee’’ the first place it appears;
and
(B) by striking ‘‘in writing that’’ and all that follows
through the end and inserting the following: ‘‘in writing
that such information is sought for the conduct of an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided
that such an investigation of a United States person is
not conducted solely upon the basis of activities protected
by the first amendment to the Constitution of the United
States.’’; and
(3) in subsection (c)—
(A) by inserting ‘‘in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by
the Director’’ after ‘‘designee of the Director’’; and
(B) by striking ‘‘in camera that’’ and all that follows
through ‘‘States.’’ and inserting the following: ‘‘in camera
that the consumer report is sought for the conduct of an
authorized investigation to protect against international
terrorism or clandestine intelligence activities, provided
that such an investigation of a United States person is
not conducted solely upon the basis of activities protected
by the first amendment to the Constitution of the United
States.’’.
SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.
(a) CONCURRENT JURISDICTION UNDER 18 U.S.C. 1030.—Section
1030(d) of title 18, United States Code, is amended to read as
follows:
‘‘(d)(1) The United States Secret Service shall, in addition to
any other agency having such authority, have the authority to
investigate offenses under this section.
H. R. 3162—96
‘‘(2) The Federal Bureau of Investigation shall have primary
authority to investigate offenses under subsection (a)(1) for any
cases involving espionage, foreign counterintelligence, information
protected against unauthorized disclosure for reasons of national
defense or foreign relations, or Restricted Data (as that term is
defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)), except for offenses affecting the duties of the United
States Secret Service pursuant to section 3056(a) of this title.
‘‘(3) Such authority shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the
Treasury and the Attorney General.’’.
(b) REAUTHORIZATION OF JURISDICTION UNDER 18 U.S.C. 1344.—
Section 3056(b)(3) of title 18, United States Code, is amended
by striking ‘‘credit and debit card frauds, and false identification
documents or devices’’ and inserting ‘‘access device frauds, false
identification documents or devices, and any fraud or other criminal
or unlawful activity in or against any federally insured financial
institution’’.
SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.
Section 444 of the General Education Provisions Act (20 U.S.C.
1232g), is amended by adding after subsection (i) a new subsection
(j) to read as follows:
‘‘(j) INVESTIGATION AND PROSECUTION OF TERRORISM.—
‘‘(1) IN GENERAL.—Notwithstanding subsections (a) through
(i) or any provision of State law, the Attorney General (or
any Federal officer or employee, in a position not lower than
an Assistant Attorney General, designated by the Attorney
General) may submit a written application to a court of com-
petent jurisdiction for an ex parte order requiring an edu-
cational agency or institution to permit the Attorney General
(or his designee) to—
‘‘(A) collect education records in the possession of the
educational agency or institution that are relevant to an
authorized investigation or prosecution of an offense listed
in section 2332b(g)(5)(B) of title 18 United States Code,
or an act of domestic or international terrorism as defined
in section 2331 of that title; and
‘‘(B) for official purposes related to the investigation
or prosecution of an offense described in paragraph (1)(A),
retain, disseminate, and use (including as evidence at trial
or in other administrative or judicial proceedings) such
records, consistent with such guidelines as the Attorney
General, after consultation with the Secretary, shall issue
to protect confidentiality.
‘‘(2) APPLICATION AND APPROVAL.—
‘‘(A) IN GENERAL.—An application under paragraph (1)
shall certify that there are specific and articulable facts
giving reason to believe that the education records are
likely to contain information described in paragraph (1)(A).
‘‘(B) The court shall issue an order described in para-
graph (1) if the court finds that the application for the
order includes the certification described in subparagraph
(A).
‘‘(3) PROTECTION
OF
EDUCATIONAL
AGENCY
OR
INSTITU-
TION.—An educational agency or institution that, in good faith,
produces education records in accordance with an order issued
H. R. 3162—97
under this subsection shall not be liable to any person for
that production.
‘‘(4) RECORD-KEEPING.—Subsection (b)(4) does not apply to
education records subject to a court order under this sub-
section.’’.
SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.
Section 408 of the National Education Statistics Act of 1994
(20 U.S.C. 9007), is amended by adding after subsection (b) a
new subsection (c) to read as follows:
‘‘(c) INVESTIGATION AND PROSECUTION OF TERRORISM.—
‘‘(1) IN GENERAL.—Notwithstanding subsections (a) and (b),
the Attorney General (or any Federal officer or employee, in
a position not lower than an Assistant Attorney General, des-
ignated by the Attorney General) may submit a written applica-
tion to a court of competent jurisdiction for an ex parte order
requiring the Secretary to permit the Attorney General (or
his designee) to—
‘‘(A) collect reports, records, and information (including
individually identifiable information) in the possession of
the center that are relevant to an authorized investigation
or prosecution of an offense listed in section 2332b(g)(5)(B)
of title 18, United States Code, or an act of domestic
or international terrorism as defined in section 2331 of
that title; and
‘‘(B) for official purposes related to the investigation
or prosecution of an offense described in paragraph (1)(A),
retain, disseminate, and use (including as evidence at trial
or in other administrative or judicial proceedings) such
information, consistent with such guidelines as the
Attorney General, after consultation with the Secretary,
shall issue to protect confidentiality.
‘‘(2) APPLICATION AND APPROVAL.—
‘‘(A) IN GENERAL.—An application under paragraph (1)
shall certify that there are specific and articulable facts
giving reason to believe that the information sought is
described in paragraph (1)(A).
‘‘(B) The court shall issue an order described in para-
graph (1) if the court finds that the application for the
order includes the certification described in subparagraph
(A).
‘‘(3) PROTECTION.—An officer or employee of the
Department who, in good faith, produces information in
accordance with an order issued under this subsection does
not violate subsection (b)(2) and shall not be liable to
any person for that production.’’.
H. R. 3162—98
TITLE VI—PROVIDING FOR VICTIMS OF
TERRORISM, PUBLIC SAFETY OFFI-
CERS, AND THEIR FAMILIES
Subtitle A—Aid to Families of Public
Safety Officers
SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFICERS
INVOLVED 
IN 
THE 
PREVENTION, 
INVESTIGATION,
RESCUE, OR RECOVERY EFFORTS RELATED TO A TER-
RORIST ATTACK.
(a) IN GENERAL.—Notwithstanding the limitations of subsection
(b) of section 1201 or the provisions of subsections (c), (d), and
(e) of such section or section 1202 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a),
upon certification (containing identification of all eligible payees
of benefits pursuant to section 1201 of such Act) by a public agency
that a public safety officer employed by such agency was killed
or suffered a catastrophic injury producing permanent and total
disability as a direct and proximate result of a personal injury
sustained in the line of duty as described in section 1201 of such
Act in connection with prevention, investigation, rescue, or recovery
efforts related to a terrorist attack, the Director of the Bureau
of Justice Assistance shall authorize payment to qualified bene-
ficiaries, said payment to be made not later than 30 days after
receipt of such certification, benefits described under subpart 1
of part L of such Act (42 U.S.C. 3796 et seq.).
(b) DEFINITIONS.—For purposes of this section, the terms ‘‘cata-
strophic injury’’, ‘‘public agency’’, and ‘‘public safety officer’’ have
the same meanings given such terms in section 1204 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b).
SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED
PAYMENTS FOR HEROIC PUBLIC SAFETY OFFICERS.
Section 1 of Public Law 107-37 (an Act to provide for the
expedited payment of certain benefits for a public safety officer
who was killed or suffered a catastrophic injury as a direct and
proximate result of a personal injury sustained in the line of duty
in connection with the terrorist attacks of September 11, 2001)
is amended by—
(1) inserting before ‘‘by a’’ the following: ‘‘(containing identi-
fication of all eligible payees of benefits pursuant to section
1201)’’;
(2) inserting ‘‘producing permanent and total disability’’
after ‘‘suffered a catastrophic injury’’; and
(3) striking ‘‘1201(a)’’ and inserting ‘‘1201’’.
SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT
INCREASE.
(a) PAYMENTS.—Section 1201(a) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by
striking ‘‘$100,000’’ and inserting ‘‘$250,000’’.
H. R. 3162—99
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply to any death or disability occurring on or after January
1, 2001.
SEC. 614. OFFICE OF JUSTICE PROGRAMS.
Section 112 of title I of section 101(b) of division A of Public
Law 105–277 and section 108(a) of appendix A of Public Law
106–113 (113 Stat. 1501A–20) are amended—
(1) after ‘‘that Office’’, each place it occurs, by inserting
‘‘(including, notwithstanding any contrary provision of law
(unless the same should expressly refer to this section), any
organization that administers any program established in title
1 of Public Law 90–351)’’; and
(2) by inserting ‘‘functions, including any’’ after ‘‘all’’.
Subtitle B—Amendments to the Victims of
Crime Act of 1984
SEC. 621. CRIME VICTIMS FUND.
(a) DEPOSIT OF GIFTS IN THE FUND.—Section 1402(b) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(b)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) any gifts, bequests, or donations to the Fund from
private entities or individuals.’’.
(b) FORMULA FOR FUND DISTRIBUTIONS.—Section 1402(c) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended
to read as follows:
‘‘(c) FUND DISTRIBUTION; RETENTION OF SUMS IN FUND; AVAIL-
ABILITY FOR EXPENDITURE WITHOUT FISCAL YEAR LIMITATION.—
‘‘(1) Subject to the availability of money in the Fund, in
each fiscal year, beginning with fiscal year 2003, the Director
shall distribute not less than 90 percent nor more than 110
percent of the amount distributed from the Fund in the previous
fiscal year, except the Director may distribute up to 120 percent
of the amount distributed in the previous fiscal year in any
fiscal year that the total amount available in the Fund is
more than 2 times the amount distributed in the previous
fiscal year.
‘‘(2) In each fiscal year, the Director shall distribute
amounts from the Fund in accordance with subsection (d).
All sums not distributed during a fiscal year shall remain
in reserve in the Fund to be distributed during a subsequent
fiscal year. Notwithstanding any other provision of law, all
sums deposited in the Fund that are not distributed shall
remain in reserve in the Fund for obligation in future fiscal
years, without fiscal year limitation.’’.
(c) ALLOCATION OF FUNDS FOR COSTS AND GRANTS.—Section
1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(4)) is amended—
(1) by striking ‘‘deposited in’’ and inserting ‘‘to be distrib-
uted from’’;
(2) in subparagraph (A), by striking ‘‘48.5’’ and inserting
‘‘47.5’’;
H. R. 3162—100
(3) in subparagraph (B), by striking ‘‘48.5’’ and inserting
‘‘47.5’’; and
(4) in subparagraph (C), by striking ‘‘3’’ and inserting ‘‘5’’.
(d) ANTITERRORISM EMERGENCY RESERVE.—Section 1402(d)(5)
of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is
amended to read as follows:
‘‘(5)(A) In addition to the amounts distributed under para-
graphs (2), (3), and (4), the Director may set aside up to
$50,000,000 from the amounts transferred to the Fund in
response to the airplane hijackings and terrorist acts that
occurred on September 11, 2001, as an antiterrorism emergency
reserve. The Director may replenish any amounts expended
from such reserve in subsequent fiscal years by setting aside
up to 5 percent of the amounts remaining in the Fund in
any fiscal year after distributing amounts under paragraphs
(2), (3) and (4). Such reserve shall not exceed $50,000,000.
‘‘(B) The antiterrorism emergency reserve referred to in
subparagraph (A) may be used for supplemental grants under
section 1404B and to provide compensation to victims of inter-
national terrorism under section 1404C.
‘‘(C) Amounts in the antiterrorism emergency reserve estab-
lished pursuant to subparagraph (A) may be carried over from
fiscal year to fiscal year. Notwithstanding subsection (c) and
section 619 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
2001 (and any similar limitation on Fund obligations in any
future Act, unless the same should expressly refer to this
section), any such amounts carried over shall not be subject
to any limitation on obligations from amounts deposited to
or available in the Fund.’’.
(e) VICTIMS OF SEPTEMBER 11, 2001.—Amounts transferred to
the Crime Victims Fund for use in responding to the airplane
hijackings and terrorist acts (including any related search, rescue,
relief, assistance, or other similar activities) that occurred on Sep-
tember 11, 2001, shall not be subject to any limitation on obligations
from 
amounts 
deposited 
to 
or 
available 
in 
the 
Fund,
notwithstanding—
(1) section 619 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2001, and any similar limitation on Fund obligations in
such Act for Fiscal Year 2002; and
(2) subsections (c) and (d) of section 1402 of the Victims
of Crime Act of 1984 (42 U.S.C. 10601).
SEC. 622. CRIME VICTIM COMPENSATION.
(a) ALLOCATION
OF FUNDS
FOR COMPENSATION
AND ASSIST-
ANCE.—Paragraphs (1) and (2) of section 1403(a) of the Victims
of Crime Act of 1984 (42 U.S.C. 10602(a)) are amended by inserting
‘‘in fiscal year 2002 and of 60 percent in subsequent fiscal years’’
after ‘‘40 percent’’.
(b) LOCATION OF COMPENSABLE CRIME.—Section 1403(b)(6)(B)
of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B))
is amended by striking ‘‘are outside the United States (if the
compensable crime is terrorism, as defined in section 2331 of title
18), or’’.
(c) RELATIONSHIP OF CRIME VICTIM COMPENSATION TO MEANS-
TESTED FEDERAL BENEFIT PROGRAMS.—Section 1403 of the Victims