I
107TH CONGRESS
1ST SESSION
H. R. 3108
To deter and punish terrorist acts in the United States and around the
world, to enhance law enforcement investigatory tools, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 12, 2001
Mr. SENSENBRENNER introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Intel-
ligence (Permanent Select), International Relations, Energy and Com-
merce, Financial Services, Education and the Workforce, and Transpor-
tation and Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration for such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To deter and punish terrorist acts in the United States
and around the world, to enhance law enforcement inves-
tigatory tools, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Uniting and Strengthening America Act’’ or the ‘‘USA
Act of 2001’’.
(b) TABLE OF CONTENTS.— The table of contents
for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
TITLE I—ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and Mus-
lim Americans.
Sec. 103. Increased funding for the technical support center at the Federal Bu-
reau of Investigation.
Sec. 104. Requests for military assistance to enforce prohibition in certain
emergencies.
Sec. 105. Expansion of National Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.
TITLE II—ENHANCED SURVEILLANCE PROCEDURES
Sec. 201. Authority to intercept wire, oral, and electronic communications relat-
ing to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic communications relat-
ing to computer fraud and abuse offenses.
Sec. 203. Authority to share criminal investigative information.
Sec. 204. Clarification of intelligence exceptions from limitations on intercep-
tion and disclosure of wire, oral, and electronic communica-
tions.
Sec. 205. Employment of translators by the Federal Bureau of Investigation.
Sec. 206. Roving surveillance authority under the Foreign Intelligence Surveil-
lance Act of 1978.
Sec. 207. Duration of FISA surveillance of non-United States persons who are
agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to warrants.
Sec. 210. Scope of subpoenas for records of electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic communications to protect life and
limb.
Sec. 213. Authority for delaying notice of the execution of a warrant.
Sec. 214. Pen register and trap and trace authority under FISA.
Sec. 215. Access to records and other items under the Foreign Intelligence Sur-
veillance Act.
Sec. 216. Modification of authorities relating to use of pen registers and trap
and trace devices.
Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.
TITLE III—FINANCIAL INFRASTRUCTURE
Sec. 301. Laundering the proceeds of terrorism.
Sec. 302. Material support for terrorism.
Sec. 303. Assets of terrorist organizations.
Sec. 304. Technical clarification relating to provision of material support to ter-
rorism.
Sec. 305. Extraterritorial jurisdiction.
TITLE IV—PROTECTING THE BORDER
Subtitle A—Protecting the Northern Border
Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain identifying
information in the criminal history records of visa applicants
and applicants for admission to the United States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification system
for points of entry and overseas consular posts.
Subtitle B—Enhanced Immigration Provisions
Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus; judicial
review.
Sec. 413. Multilateral cooperation against terrorists.
Subtitle C—Preservation of Immigration Benefits for Victims of Terrorism
Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and children.
Sec. 424. ‘‘Age-out’’ protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.
TITLE V—REMOVING OBSTACLES TO INVESTIGATING TERRORISM
Sec. 501. Attorney General’s authority to pay rewards to combat terrorism.
Sec. 502. Secretary of State’s authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.
TITLE VI—PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC
SAFETY OFFICERS, AND THEIR FAMILIES
Subtitle A—Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers involved in the preven-
tion, investigation, rescue, or recovery efforts related to a ter-
rorist attack.
Sec. 612. Technical correction with respect to expedited payments for heroic
public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
Subtitle B—Amendments to the Victims of Crime Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
TITLE VII—INCREASED INFORMATION SHARING FOR CRITICAL
INFRASTRUCTURE PROTECTION
Sec. 711. Expansion of regional information sharing system to facilitate Fed-
eral-State-local law enforcement response related to terrorist
attacks.
TITLE VIII—STRENGTHENING THE CRIMINAL LAWS AGAINST
TERRORISM
Sec. 801. Terrorist attacks and other acts of violence against mass transpor-
tation systems.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material support to ter-
rorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving records in re-
sponse to Government requests.
Sec. 816. Development and support of cybersecurity forensic capabilities.
TITLE IX—IMPROVED INTELLIGENCE
Sec. 901. Responsibilities of Director of Central Intelligence regarding foreign
intelligence collected under Foreign Intelligence Surveillance
Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope of foreign
intelligence under National Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and maintenance of intel-
ligence relationships to acquire information on terrorists and
terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports on in-
telligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign intelligence-
related information with respect to criminal investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and use of
foreign intelligence.
TITLE X—MISCELLANEOUS
Sec. 1001. Payments.
Sec. 1002. Review of the department of justice.
SEC. 2. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed so as to give it the max-
imum 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 appli-
cation of such provision to other persons not similarly situ-
ated or to other, dissimilar circumstances.
TITLE I—ENHANCING DOMESTIC
SECURITY AGAINST TERRORISM
SEC. 101. COUNTERTERRORISM FUND.
(a) ESTABLISHMENT; AVAILABILITY.—There is here-
by established in the Treasury of the United States a sepa-
rate fund to be known as the ‘‘Counterterrorism Fund’’,
amounts in which shall remain available without fiscal
year limitation—
(1) to reimburse any Department of Justice
component for any costs incurred in connection
with—
(A) reestablishing the operational capa-
bility of an office or facility that has been dam-
aged or destroyed as the result of any domestic
or international terrorism incident;
(B) providing support to counter, inves-
tigate, or prosecute domestic or international
terrorism, including, without limitation, paying
rewards in connection with these activities; and
(C) conducting terrorism threat assess-
ments of Federal agencies and their facilities;
and
(2) to reimburse any department or agency of
the Federal Government for any costs incurred in
connection with detaining in foreign countries indi-
viduals accused of acts of terrorism that violate the
laws of the United States.
(b) NO EFFECT ON PRIOR APPROPRIATIONS.—Sub-
section (a) shall not be construed to affect the amount
or 
availability 
of 
any 
appropriation 
to 
the
Counterterrorism Fund made before the date of enact-
ment of this Act.
SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINA-
TION AGAINST ARAB AND MUSLIM AMERI-
CANS.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Arab Americans, Muslim Americans, and
Americans from South Asia play a vital role in our
Nation and are entitled to nothing less than the full
rights of every American.
(2) The acts of violence that have been taken
against Arab and Muslim Americans since the Sep-
tember 11, 2001, attacks against the United States
should be and are condemned by all Americans who
value freedom.
(3) The concept of individual responsibility for
wrongdoing is sacrosanct in American society, and
applies equally to all religious, racial, and ethnic
groups.
(4) When American citizens commit acts of vio-
lence against those who are, or are perceived to be,
of Arab or Muslim descent, they should be punished
to the full extent of the law.
(5) Muslim Americans have become so fearful
of harassment that many Muslim women are chang-
ing the way they dress to avoid becoming targets.
(6) Many Arab Americans and Muslim Ameri-
cans have acted heroically during the attacks on the
United 
States, 
including 
Mohammed 
Salman
Hamdani, a 23-year-old New Yorker of Pakistani
descent, who is believed to have gone to the World
Trade Center to offer rescue assistance and is now
missing.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the civil rights and civil liberties of all
Americans, including Arab Americans, Muslim
Americans, and Americans from South Asia, must
be protected, and that every effort must be taken to
preserve their safety;
(2) any acts of violence or discrimination
against any Americans be condemned; and
(3) the Nation is called upon to recognize the
patriotism of fellow citizens from all ethnic, racial,
and religious backgrounds.
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUP-
PORT CENTER AT THE FEDERAL BUREAU OF
INVESTIGATION.
There are authorized to be appropriated for the Tech-
nical Support Center established in section 811 of the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104–132) to help meet the demands for ac-
tivities to combat terrorism and support and enhance the
technical support and tactical operations of the FBI,
$200,000,000 for each of the fiscal years 2002, 2003, and
2004.
SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO EN-
FORCE PROHIBITION IN CERTAIN EMER-
GENCIES.
Section 2332e of title 18, United States Code, is
amended—
(1) by striking ‘‘2332c’’ and inserting ‘‘2332a’’;
and
(2) by striking ‘‘chemical’’.
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME
TASK FORCE INITIATIVE.
The Director of the United States Secret Service
shall take appropriate actions to develop a national net-
work of electronic crime task forces, based on the New
York Electronic Crimes Task Force model, throughout the
United States, for the purpose of preventing, detecting,
and investigating various forms of electronic crimes, in-
cluding potential terrorist attacks against critical infra-
structure and financial payment systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers
Act (50 U.S.C. 1702) is amended—
(1) in subsection (a)(1)—
(A) at the end of subparagraph (A) (flush
to that subparagraph), by striking ‘‘; and’’ and
inserting a comma and the following:
‘‘by any person, or with respect to any property,
subject to the jurisdiction of the United States;’’;
(B) in subparagraph (B)—
(i) by inserting ‘‘, block during the
pendency of an investigation’’ after ‘‘inves-
tigate’’; and
(ii) by striking ‘‘interest;’’ and insert-
ing ‘‘interest by any person, or with re-
spect to any property, subject to the juris-
diction of the United States; and’’;
(C) by striking ‘‘by any person, or with re-
spect to any property, subject to the jurisdiction
of the United States‘; and
(D) by inserting at the end the following:
‘‘(C) when the United States is engaged in
armed hostilities or has been attacked by a for-
eign country or foreign nationals, confiscate any
property, subject to the jurisdiction of the
United States, of any foreign person, foreign
organization, or foreign country that he deter-
mines has planned, authorized, aided, or en-
gaged in such hostilities or attacks against the
United States; and all right, title, and interest
in any property so confiscated shall vest, when,
as, and upon the terms directed by the Presi-
dent, in such agency or person as the President
may designate from time to time, and upon
such terms and conditions as the President may
prescribe, such interest or property shall be
held, used, administered, liquidated, sold, or
otherwise dealt with in the interest of and for
the benefit of the United States, and such des-
ignated agency or person may perform any and
all acts incident to the accomplishment or fur-
therance of these purposes.’’; and
(2) by inserting at the end the following:
‘‘(c) CLASSIFIED INFORMATION.—In any judicial re-
view of a determination made under this section, if the
determination was based on classified information (as de-
fined in section 1(a) of the Classified Information Proce-
dures Act) such information may be submitted to the re-
viewing court ex parte and in camera. This subsection does
not confer or imply any right to judicial review.’’.
TITLE II—ENHANCED
SURVEILLANCE PROCEDURES
SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND
ELECTRONIC COMMUNICATIONS RELATING
TO TERRORISM.
Section 2516(1) of title 18, United States Code, is
amended—
(1) by redesignating paragraph (p), as so redes-
ignated by section 434(2) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law
104–132; 110 Stat. 1274), as paragraph (r); and
(2) by inserting after paragraph (p), as so re-
designated by section 201(3) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104–208; 110 Stat.
3009–565), the following new paragraph:
‘‘(q) any criminal violation of section 229 (relating
to chemical weapons); or sections 2332, 2332a, 2332b,
2332d, 2339A, or 2339B of this title (relating to ter-
rorism); or’’.
SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND
ELECTRONIC COMMUNICATIONS RELATING
TO 
COMPUTER 
FRAUD 
AND 
ABUSE 
OF-
FENSES.
Section 2516(1)(c) of title 18, United States Code,
is amended by striking ‘‘and section 1341 (relating to mail
fraud),’’ and inserting ‘‘section 1341 (relating to mail
fraud), a felony violation of section 1030 (relating to com-
puter fraud and abuse),’’.
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE
INFORMATION.
(a) AUTHORITY TO SHARE GRAND JURY INFORMA-
TION.—
(1) IN GENERAL.—Rule 6(e)(3)(C) of the Fed-
eral Rules of Criminal Procedure is amended—
(A) in clause (iii), by striking ‘‘or’’ at the
end;
(B) in clause (iv), by striking the period at
the end and inserting ‘‘; or’’; and
(C) by inserting at the end the following:
‘‘(v) when the matters involve foreign
intelligence or counterintelligence (as de-
fined in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)), or foreign
intelligence information (as defined in Rule
6(e)(3)(C)(ii)), to any other Federal law
enforcement, intelligence, protective, immi-
gration, national defense, or national secu-
rity official in order to assist the official
receiving that information in the perform-
ance of his official duties. Within a reason-
able time after such disclosure, an attorney
for the government shall file under seal a
notice with the court stating the fact that
such information was disclosed and the de-
partments, agencies, or entities to which
the disclosure was made.
Any Federal official who receives information
pursuant to clause (v) may use that information
only as necessary in the conduct of that per-
son’s official duties subject to any limitations
on the unauthorized disclosure of such informa-
tion.’’.
(2) DEFINITION.—Rule 6(e)(3)(C) of the Fed-
eral Rules of Criminal Procedure, as amended by
paragraph (1), is amended by—
(A) inserting ‘‘(i)’’ after ‘‘(C)’’;
(B) redesignating clauses (i) through (v)
as subclauses (I) through (V), respectively; and
(C) inserting at the end the following:
‘‘(ii) In this subparagraph, the term ‘for-
eign intelligence information’ means—
‘‘(I) information, whether or not con-
cerning a United States person, that re-
lates to the ability of the United States to
protect against—
‘‘(aa) actual or potential attack
or other grave hostile acts of a foreign
power or an agent of a foreign power;
‘‘(bb) sabotage or international
terrorism by a foreign power or an
agent of a foreign power; or
‘‘(cc) clandestine intelligence ac-
tivities by an intelligence service or
network of a foreign power or by an
agent of a foreign power; or
‘‘(II) information, whether or not con-
cerning a United States person, with re-
spect to a foreign power or foreign terri-
tory that relates to—
‘‘(aa) the national defense or the
security of the United States; or
‘‘(bb) the conduct of the foreign
affairs of the United States.’’.
(b) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND
ORAL INTERCEPTION INFORMATION.—
(1) LAW ENFORCEMENT.—Section 2517 of title
18, United States Code, is amended by inserting at
the end the following:
‘‘(6) Any investigative or law enforcement officer, or
attorney for the Government, who by any means author-
ized by this chapter, has obtained knowledge of the con-
tents of any wire, oral, or electronic communication, or
evidence derived therefrom, may disclose such contents to
any other Federal law enforcement, intelligence, protec-
tive, immigration, national defense, or national security of-
ficial to the extent that such contents include foreign intel-
ligence or counterintelligence (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 401a)), or
foreign intelligence information (as defined in subsection
(19) of section 2510 of this title), to assist the official
who is to receive that information in the performance of
his official duties. Any Federal official who receives infor-
mation pursuant to this provision may use that informa-
tion only as necessary in the conduct of that person’s offi-
cial duties subject to any limitations on the unauthorized
disclosure of such information.’’.
(2) DEFINITION.—Section 2510 of title 18,
United States Code, is amended by—
(A) in paragraph (17), by striking ‘‘and’’
after the semicolon;
(B) in paragraph (18), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by inserting at the end the following:
‘‘(19) ‘foreign intelligence information’ means—
‘‘(A) information, whether or not con-
cerning a United States person, that relates to
the ability of the United States to protect
against—
‘‘(i) actual or potential attack or other
grave hostile acts of a foreign power or an
agent of a foreign power;
‘‘(ii) sabotage or international ter-
rorism by a foreign power or an agent of
a foreign power; or
‘‘(iii) clandestine intelligence activities
by an intelligence service or network of a
foreign power or by an agent of a foreign
power; or
‘‘(B) information, whether or not con-
cerning a United States person, with respect to
a foreign power or foreign territory that relates
to—
‘‘(i) the national defense or the secu-
rity of the United States; or
‘‘(ii) the conduct of the foreign affairs
of the United States.’’.
(c) PROCEDURES.—The Attorney General shall es-
tablish procedures for the disclosure of information pursu-
ant to section 2517(6) and Rule 6(e)(3)(C)(i)(V) of the
Federal Rules of Criminal Procedure that identifies a
United States person, as defined in section 101 of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801)).
(d) FOREIGN INTELLIGENCE INFORMATION.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, it shall be lawful for foreign intel-
ligence or counterintelligence (as defined in section
3 of the National Security Act of 1947 (50 U.S.C.
401a)) or foreign intelligence information obtained
as part of a criminal investigation to be disclosed to
any Federal law enforcement, intelligence, protective,
immigration, national defense, or national security
official in order to assist the official receiving that
information in the performance of his official duties.
Any Federal official who receives information pursu-
ant to this provision may use that information only
as necessary in the conduct of that person’s official
duties subject to any limitations on the unauthorized
disclosure of such information.
(2) DEFINITION.—In this subsection, the term
‘‘foreign intelligence information’’ means—
(A) information, whether or not concerning
a United States person, that relates to the abil-
ity of the United States to protect against—
(i) actual or potential attack or other
grave hostile acts of a foreign power or an
agent of a foreign power;
(ii) sabotage or international ter-
rorism by a foreign power or an agent of
a foreign power; or
(iii) clandestine intelligence activities
by an intelligence service or network of a
foreign power or by an agent of a foreign
power; or
(B) information, whether or not concerning
a United States person, with respect to a for-
eign power or foreign territory that relates to—
(i) the national defense or the security
of the United States; or
(ii) the conduct of the foreign affairs
of the United States.
SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS
FROM LIMITATIONS ON INTERCEPTION AND
DISCLOSURE OF WIRE, ORAL, AND ELEC-
TRONIC COMMUNICATIONS.
Section 2511(2)(f) of title 18, United States Code,
is amended—
(1) by striking ‘‘this chapter or chapter 121’’
and inserting ‘‘this chapter or chapter 121 or 206
of this title’’; and
(2) by striking ‘‘wire and oral’’ and inserting
‘‘wire, oral, and electronic’’.
SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FED-
ERAL BUREAU OF INVESTIGATION.
(a) AUTHORITY.—The Director of the Federal Bu-
reau of Investigation is authorized to expedite the employ-
ment 
of 
personnel 
as 
translators 
to 
support
counterterrorism investigations and operations without re-
gard to applicable Federal personnel requirements and
limitations.
(b) SECURITY REQUIREMENTS.—The Director of the
Federal Bureau of Investigation shall establish such secu-
rity requirements as are necessary for the personnel em-
ployed as translators under subsection (a).
(c) REPORT.—The Attorney General shall report to
the Committees on the Judiciary of the House of Rep-
resentatives and the Senate on—
(1) the number of translators employed by the
FBI and other components of the Department of
Justice;
(2) any legal or practical impediments to using
translators employed by other Federal, State, or
local agencies, on a full, part-time, or shared basis;
and
(3) the needs of the FBI for specific translation
services in certain languages, and recommendations
for meeting those needs.
SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT
OF 1978.
Section 105(c)(2)(B) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amend-
ed by inserting ‘‘, or in circumstances where the Court
finds that the actions of the target of the application may
have the effect of thwarting the identification of a speci-
fied person, such other persons,’’ after ‘‘specified person’’.
SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-
UNITED STATES PERSONS WHO ARE AGENTS
OF A FOREIGN POWER.
(a) DURATION .—
(1) SURVEILLANCE.—Section 105(e)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1805(e)(1)) is amended by—
(A) inserting ‘‘(A)’’ after ‘‘except that’’;
and
(B) inserting before the period the fol-
lowing: ‘‘, and (B) an order under this Act for
a surveillance targeted against an agent of a
foreign 
power, 
as 
defined 
in 
section
101(b)(1)(A) may be for the period specified in
the application or for 120 days, whichever is
less’’.
(2) PHYSICAL SEARCH.—Section 304(d)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1824(d)(1)) is amended by—
(A) striking ‘‘forty-five’’ and inserting ‘‘90’’;
(B) inserting ‘‘(A)’’ after ‘‘except that’’; and
(C) inserting before the period the following: ‘‘,
and (B) an order under this section for a physical
search targeted against an agent of a foreign power
as defined in section 101(b)(1)(A) may be for the
period specified in the application or for 120 days,
whichever is less’’.
(b) EXTENSION.—
(1) IN
GENERAL.—Section 105(d)(2) of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1805(d)(2)) is amended by—
(A) inserting ‘‘(A)’’ after ‘‘except that’’;
and
(B) inserting before the period the fol-
lowing: ‘‘, and (B) an extension of an order
under this Act for a surveillance targeted
against an agent of a foreign power as defined
in section 101(b)(1)(A) may be for a period not
to exceed 1 year’’.
(2) DEFINED TERM.—Section 304(d)(2) of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1824(d)(2) is amended by inserting after
‘‘not a United States person,’’ the following: ‘‘or
against an agent of a foreign power as defined in
section 101(b)(1)(A),’’.
SEC. 208. DESIGNATION OF JUDGES.
Section 103(a) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1803(a)) is amended by—
(1) striking ‘‘seven district court judges’’ and
inserting ‘‘11 district court judges’’; and
(2) inserting ‘‘of whom no fewer than 3 shall
reside within 20 miles of the District of Columbia’’
after ‘‘circuits’’.
SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT
TO WARRANTS.
Title 18, United States Code, is amended—
(1) in section 2510—
(A) in paragraph (1), by striking beginning
with ‘‘and such’’ and all that follows through
‘‘communication’’; and
(B) in paragraph (14), by inserting ‘‘wire
or’’ after ‘‘transmission of’’; and
(2) in subsections (a) and (b) of section 2703—
(A) by striking ‘‘CONTENTS
OF
ELEC-
TRONIC’’ and inserting ‘‘CONTENTS OF WIRE OR
ELECTRONIC’’ each place it appears;
(B) by striking ‘‘contents of an electronic’’
and inserting ‘‘contents of a wire or electronic’’
each place it appears; and
(C) by striking ‘‘any electronic’’ and in-
serting ‘‘any wire or electronic’’ each place it
appears.
SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELEC-
TRONIC COMMUNICATIONS.
Section 2703(c)(2) of title 18, United States Code,
as redesignated by section 212, is amended—
(1) by striking ‘‘entity the name, address, local
and long distance telephone toll billing records, tele-
phone number or other subscriber number or iden-
‘‘(D) to a government entity as authorized
under chapters 119, 121, or 206 of title 18, United
States Code, except that such disclosure shall not in-
clude records revealing cable subscriber selection of
video programming from a cable operator.’’; and
(2) in subsection (h), by striking ‘‘A govern-
mental entity’’ and inserting ‘‘Except as provided in
subsection (c)(2)(D), a governmental entity’’.
SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COM-
MUNICATIONS TO PROTECT LIFE AND LIMB.
(a) DISCLOSURE OF CONTENTS.—
(1) IN
GENERAL.—Section 2702 of title 18,
United States Code, is amended—
(A) by striking the section heading and in-
serting the following:
‘‘§ 2702. Voluntary disclosure of customer commu-
nications or records’’;
(B) in subsection (a)—
(i) in paragraph (2)(A), by striking
‘‘and’’ at the end;
(ii) in paragraph (2)(B), by striking
the period and inserting ‘‘; and’’; and
(iii) by inserting after paragraph (2)
the following:
‘‘(3) a provider of remote computing service or
electronic communication service to the public shall
not knowingly divulge a record or other information
pertaining to a subscriber to or customer of such
service (not including the contents of communica-
tions covered by paragraph (1) or (2)) to any gov-
ernmental entity.’’;
(C) in subsection (b), by striking ‘‘EXCEP-
TIONS.—A person or entity’’ and inserting ‘‘EX-
CEPTIONS
FOR
DISCLOSURE
OF
COMMUNICA-
TIONS.— A provider described in subsection
(a)’’;
(D) in subsection (b)(6)—
(i) in subparagraph (A)(ii), by strik-
ing ‘‘or’’;
(ii) in subparagraph (B), by striking
the period and inserting ‘‘; or’’; and
(iii) by adding after subparagraph (B)
the following:
‘‘(C) if the provider reasonably believes
that an emergency involving immediate danger
of death or serious physical injury to any per-
son requires disclosure of the information with-
out delay.’’; and
(E) by inserting after subsection (b) the
following:
‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER
RECORDS.—A provider described in subsection (a) may di-
vulge a record or other information pertaining to a sub-
scriber 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 ren-
dition 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 im-
mediate danger of death or serious physical injury to
any person justifies disclosure of the information; or
‘‘(5) to any person other than a governmental
entity.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 121 of
title 18, United States Code, is amended by striking
the item relating to section 2702 and inserting the
following:
‘‘2702. Voluntary disclosure of customer communications or records.’’.
(b) REQUIREMENTS FOR GOVERNMENT ACCESS.—
(1) IN
GENERAL.—Section 2703 of title 18,
United States Code, is amended—
(A) by striking the section heading and in-
serting the following:
‘‘§ 2703. Required disclosure of customer communica-
tions or records’’;
(B) in subsection (c) by redesignating
paragraph (2) as paragraph (3);
(C) in subsection (c)(1)—
(i) by striking ‘‘(A) Except as pro-
vided in subparagraph (B), a provider of
electronic communication service or remote
computing service may’’ and inserting ‘‘A
governmental entity may require a provider
of electronic communication service or re-
mote computing service to’’;
(ii) by striking ‘‘covered by subsection
(a) or (b) of this section) to any person
other than a governmental entity.
‘‘(B) A provider of electronic communica-
tion service or remote computing service shall
disclose a record or other information per-
taining to a subscriber to or customer of such
service (not including the contents of commu-
nications covered by subsection (a) or (b) of
this section) to a governmental entity’’ and in-
serting ‘‘)’’;
(iii) by redesignating subparagraph
(C) as paragraph (2);
(iv) by redesignating clauses (i), (ii),
(iii), and (iv) as subparagraphs (A), (B),
(C), and (D), respectively;
(v) in subparagraph (D) (as redesig-
nated) by striking the period and inserting
‘‘; or’’; and
(vi) by inserting after subparagraph
(D) (as redesignated) the following:
‘‘(E) seeks information under paragraph
(2).’’; and
(D) in paragraph (2) (as redesignated) by
striking ‘‘subparagraph (B)’’ and insert ‘‘para-
graph (1)’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 121 of
title 18, United States Code, is amended by striking
the item relating to section 2703 and inserting the
following:
‘‘2703. Required disclosure of customer communications or records.’’.
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXE-
CUTION OF A WARRANT.
Section 3103a of title 18, United States Code, is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘In addition’’; and
(2) by adding at the end the following:
‘‘(b) DELAY.—With respect to the issuance of any
warrant or court order under this section, or any other
rule of law, to search for and seize any property or mate-
rial that constitutes evidence of a criminal offense in viola-
tion of the laws of the United States, any notice required,
or that may be required, to be given may be delayed if—
‘‘(1) the court finds reasonable cause to believe
that providing immediate notification of the execu-
tion of the warrant may have an adverse result (as
defined in section 2705);
‘‘(2) the warrant prohibits the seizure of any
tangible property, any wire or electronic communica-
tion (as defined in section 2510), or, except as ex-
pressly provided in chapter 121, any stored wire or
electronic information, except where the court finds
reasonable necessity for the seizure; and
‘‘(3) the warrant provides for the giving of such
notice within a reasonable period of its execution,
which period may thereafter be extended by the
court for good cause shown.’’.
SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHOR-
ITY UNDER FISA.
(a) APPLICATIONS AND ORDERS.—Section 402 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1842) is amended—
(1) in subsection (a)(1), by striking ‘‘for any in-
vestigation to gather foreign intelligence information
or information concerning international terrorism’’
and inserting ‘‘for any investigation to protect
against international terrorism or clandestine intel-
ligence activities, provided that such investigation of
a United States person is not conducted solely upon
the basis of activities protected by the first amend-
ment to the Constitution’’;
(2) by amending subsection (c)(2) to read as
follows:
‘‘(2) a certification by the applicant that the in-
formation likely to be obtained is relevant to an on-
going investigation to protect against international
terrorism or clandestine intelligence activities, pro-
vided that such investigation of a United States per-
son is not conducted solely upon the basis of activi-
ties protected by the first amendment to the Con-
stitution.’’;
(3) by striking subsection (c)(3); and
(4) by amending subsection (d)(2)(A) to read
as follows:
‘‘(A) shall specify—
‘‘(i) the identity, if known, of the per-
son who is the subject of the investigation;
‘‘(ii) the identity, if known, of the per-
son to whom is leased or in whose name is
listed the telephone line or other facility to
which the pen register or trap and trace
device is to be attached or applied;
‘‘(iii) the attributes of the communica-
tions to which the order applies, such as
the number or other identifier, and, if
known, the location of the telephone line or
other facility to which the pen register or
trap and trace device is to be attached or
applied and, in the case of a trap and trace
device, the geographic limits of the trap
and trace order.’’.
(b) AUTHORIZATION DURING EMERGENCIES.—Sec-
tion 403 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1843) is amended—
(1) in subsection (a), by striking ‘‘foreign intel-
ligence information or information concerning inter-
national terrorism’’ and inserting ‘‘information to
protect against international terrorism or clandestine
intelligence activities, provided that such investiga-
tion of a United States person is not conducted sole-
ly upon the basis of activities protected by the first
amendment to the Constitution’’; and
(2) in subsection (b)(1), by striking ‘‘foreign in-
telligence information or information concerning
international terrorism’’ and inserting ‘‘information
to protect against international terrorism or clandes-
tine intelligence activities, provided that such inves-
tigation of a United States person is not conducted
solely upon the basis of activities protected by the
first amendment to the Constitution’’.
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER
THE 
FOREIGN 
INTELLIGENCE 
SURVEIL-
LANCE ACT.
Title V of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1861 et seq.) is amended by striking
sections 501 through 503 and inserting the following:
‘‘SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR
FOREIGN 
INTELLIGENCE 
AND 
INTER-
NATIONAL TERRORISM INVESTIGATIONS.
‘‘(a)(1) The Director of the Federal Bureau of Inves-
tigation or a designee of the Director (whose rank shall
be no lower than Assistant Special Agent in Charge) may
make an application for an order requiring the production
of any tangible things (including books, records, papers,
documents, and other items) for an investigation to pro-
tect against international terrorism or clandestine intel-
ligence activities, provided that such investigation of a
United States person is not conducted solely upon the
basis of activities protected by the first amendment to the
Constitution.
‘‘(2) An investigation conducted under this section
shall—
‘‘(A) be conducted under guidelines approved by
the Attorney General under Executive Order 12333
(or a successor order); and
‘‘(B) not be conducted of a United States per-
son solely upon the basis of activities protected by
the first amendment to the Constitution of the
United States.
‘‘(b) Each application under this section—
‘‘(1) shall be made to—
‘‘(A) a judge of the court established by
section 103(a); or
‘‘(B) a United States Magistrate Judge
under chapter 43 of title 28, United States
Code, who is publicly designated by the Chief
Justice of the United States to have the power
to hear applications and grant orders for the
production of tangible things under this section
on behalf of a judge of that court; and
‘‘(2) shall specify that the records concerned
are sought for an authorized investigation conducted
in accordance with subsection (a)(2) to protect
against international terrorism or clandestine intel-
ligence activities.
‘‘(c)(1) Upon an application made pursuant to this
section, the judge shall enter an ex parte order as re-
quested, or as modified, approving the release of records
if the judge finds that the application meets the require-
ments of this section.
‘‘(2) An order under this subsection shall not disclose
that it is issued for purposes of an investigation described
in subsection (a).
‘‘(d) No person shall disclose to any other person
(other than those persons necessary to produce the tan-
gible things under this section) that the Federal Bureau
of Investigation has sought or obtained tangible things
under this section.
‘‘(e) A person who, in good faith, produces tangible
things under an order pursuant to this section shall not
be liable to any other person for such production. Such
production shall not be deemed to constitute a waiver of
any privilege in any other proceeding or context.
‘‘SEC. 502. CONGRESSIONAL OVERSIGHT.
‘‘(a) On a semiannual basis, the Attorney General
shall fully inform the Permanent Select Committee on In-
telligence of the House of Representatives and the Select
Committee on Intelligence of the Senate concerning all re-
quests for the production of tangible things under section
402.
‘‘(b) On a semiannual basis, the Attorney General
shall provide to the Committees on the Judiciary of the
House of Representatives and the Senate a report setting
forth with respect to the preceding 6-month period—
‘‘(1) the total number of applications made for
orders approving requests for the production of tan-
gible things under section 402; and
‘‘(2) the total number of such orders either
granted, modified, or denied.’’.
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO
USE OF PEN REGISTERS AND TRAP AND
TRACE DEVICES.
(a) GENERAL LIMITATIONS.—Section 3121(c) of title
18, United States Code, is amended—
(1) by inserting ‘‘or trap and trace device’’
after ‘‘pen register’’;
(2) by inserting ‘‘, routing, addressing,’’ after
‘‘dialing’’; and
(3) by striking ‘‘call processing’’ and inserting
‘‘the processing and transmitting of wire or elec-
tronic communications so as not to include the con-
tents of any wire or electronic communications’’.
(b) ISSUANCE OF ORDERS.—
(1) IN GENERAL.—Section 3123(a) of title 18,
United States Code, is amended to read as follows:
‘‘(a) IN GENERAL.—
‘‘(1) ATTORNEY
FOR
THE
GOVERNMENT.—
Upon an application made under section 3122(a)(1),
the court shall enter an ex parte order authorizing
the installation and use of a pen register or trap and
trace device anywhere within the United States, if
the court finds that the attorney for the Government
has certified to the court that the information likely
to be obtained by such installation and use is rel-
evant to an ongoing criminal investigation. The
order, upon service of that order, shall apply to any
person or entity providing wire or electronic commu-
nication service in the United States whose assist-
ance 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 re-
quest of such person or entity, the attorney for the
Government or law enforcement or investigative offi-
cer that is serving the order shall provide written or
electronic certification that the order applies to the
person or entity being served.
‘‘(2) STATE INVESTIGATIVE OR LAW ENFORCE-
MENT OFFICER.—Upon an application made under
section 3122(a)(2), the court shall enter an ex parte
order authorizing the installation and use of a pen
register or trap and trace device within the jurisdic-
tion 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 ob-
tained by such installation and use is relevant to an
ongoing criminal investigation.
‘‘(3)(A) Where the law enforcement agency im-
plementing an ex parte order under this subsection
seeks to do so by installing and using its own pen
register or trap and trace device on a packet-
switched data network of a provider of electronic
communication service to the public, the agency shall
ensure that a record will be maintained which will
identify—
‘‘(i) any officer or officers who installed
the device and any officer or officers who
accessed the device to obtain information from
the network;
‘‘(ii) the date and time the device was in-
stalled, the date and time the device was
uninstalled, and the date, time, and duration of
each time the device is accessed to obtain infor-
mation;
‘‘(iii) the configuration of the device at the
time of its installation and any subsequent
modification thereof; and
‘‘(iv) any information which has been col-
lected by the device.
To the extent that the pen register or trap and trace
device can be set automatically to record this infor-
mation electronically, the record shall be maintained
electronically throughout the installation and use of
such device.
‘‘(B) The record maintained under subpara-
graph (A) shall be provided ex parte and under seal
to the court which entered the ex parte order au-
thorizing the installation and use of the device with-
in 30 days after termination of the order (including
any extensions thereof).’’.
(2) CONTENTS OF ORDER.—Section 3123(b)(1)
of title 18, United States Code, is amended—
(A) in subparagraph (A)—
(i) by inserting ‘‘or other facility’’
after ‘‘telephone line’’; and
(ii) by inserting before the semicolon
at the end ‘‘or applied’’; and
(B) by striking subparagraph (C) and in-
serting the following:
‘‘(C) the attributes of the communications
to which the order applies, including the num-
ber or other identifier and, if known, the loca-
tion of the telephone line or other facility to
which the pen register or trap and trace device
is to be attached or applied, and, in the case of
an order authorizing installation and use of a
trap and trace device under subsection (a)(2),
the geographic limits of the order; and’’.
(3) NONDISCLOSURE REQUIREMENTS.—Section
3123(d)(2) of title 18, United States Code, is
amended—
(A) by inserting ‘‘or other facility’’ after
‘‘the line’’; and
(B) by striking ‘‘, or who has been ordered
by the court’’ and inserting ‘‘or applied, or who
is obligated by the order’’.
(c) DEFINITIONS.—
(1) COURT
OF
COMPETENT
JURISDICTION.—
Section 3127(2) of title 18, United States Code, is
amended by striking subparagraph (A) and inserting
the following:
‘‘(A) any district court of the United
States (including a magistrate judge of such a
court) or any United States court of appeals
having jurisdiction over the offense being inves-
tigated; or’’.
(2) PEN REGISTER.—Section 3127(3) of title
18, United States Code, is amended—
(A) by striking ‘‘electronic or other im-
pulses’’ and all that follows through ‘‘is at-
tached’’ and inserting ‘‘dialing, routing, ad-
dressing, or signaling information transmitted
by an instrument or facility from which a wire
or electronic communication is transmitted, pro-
vided, however, that such information shall not
include the contents of any communication’’;
and
(B) by inserting ‘‘or process’’ after ‘‘de-
vice’’ each place it appears.
(3) 
TRAP
AND
TRACE
DEVICE.—Section
3127(4) of title 18, United States Code, is
amended—
(A) by striking ‘‘of an instrument’’ and all
that follows through the semicolon and insert-
ing ‘‘or other dialing, routing, addressing, and
signaling information reasonably likely to iden-
tify the source of a wire or electronic commu-
nication, provided, however, that such informa-
tion shall not include the contents of any com-
munication;’’; and
(B) by inserting ‘‘or process’’ after ‘‘a de-
vice’’.
(4) 
CONFORMING
AMENDMENT.—Section
3127(1) of title 18, United States Code, is
amended—
(A) by striking ‘‘and’’; and
(B) by inserting ‘‘, and ‘contents’ ’’ after
‘‘electronic communication service’’.
(5) TECHNICAL AMENDMENT.—Section 3124(d)
of title 18, United States Code, is amended by strik-
ing ‘‘the terms of’’.
SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COM-
MUNICATIONS.
Chapter 119 of title 18, United States Code, is
amended—
(1) in section 2510—
(A) in paragraph (18), by striking ‘‘and’’
at the end;
(B) in paragraph (19), by striking the pe-
riod and inserting a semicolon; and
(C) by inserting after paragraph (19) the
following:
‘‘(20) ‘protected computer’ has the meaning set
forth in section 1030; and
‘‘(21) ‘computer trespasser’—
‘‘(A) means a person who accesses a pro-
tected computer without authorization and thus
has no reasonable expectation of privacy in any
communication transmitted to, through, or from
the protected computer; and
‘‘(B) does not include a person known by
the owner or operator of the protected computer
to have an existing contractual relationship with
the owner or operator of the protected computer
for access to all or part of the protected com-
puter.’’; and
(2) in section 2511(2), by inserting at the end
the following:
‘‘(i) It shall not be unlawful under this chapter for
a person acting under color of law to intercept the wire
or electronic communications of a computer trespasser
transmitted to, through, or from the protected computer,
if—
‘‘(I) the owner or operator of the protected
computer authorizes the interception of the com-
puter 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 com-
munications other than those transmitted to or from
the computer trespasser.’’.
SEC. 218. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and section 303(a)(7)(B) (50
U.S.C. 1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign
Intelligence Surveillance Act of 1978 are each amended
by striking ‘‘the purpose’’ and inserting ‘‘a significant pur-
pose’’.
SEC. 219. SINGLE-JURISDICTION SEARCH WARRANTS FOR
TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Proce-
dure is amended by inserting after ‘‘executed’’ the fol-
lowing: ‘‘and (3) in an investigation of domestic terrorism
or international terrorism (as defined in section 2331 of
title 18, United States Code), by a Federal magistrate
judge in any district in which activities related to the ter-
rorism may have occurred, for a search of property or for
a person within or outside the district’’.
SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS
FOR ELECTRONIC EVIDENCE.
Chapter 121 of title 18, United States Code, is
amended—
(1) in section 2703, by striking ‘‘under the
Federal Rules of Criminal Procedure’’ every place it
appears and inserting ‘‘using the procedures de-
scribed in the Federal Rules of Criminal Procedure
by a court with jurisdiction over the offense under
investigation’’; and
(2) in section 2711—
(A) in paragraph (1), by striking ‘‘and’’;
(B) in paragraph (2), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by inserting at the end the following:
‘‘(3) the term ‘court of competent jurisdiction’
has the meaning assigned by section 3127, and in-
cludes any Federal court within that definition,
without geographic limitation.’’.
SEC. 221. TRADE SANCTIONS.
(a) IN GENERAL.—The Trade Sanctions Reform and
Export Enhancement Act of 2000 (Public Law 106–387;
114 Stat. 1549A–67) is amended—
(1) by amending section 904(2)(C) to read as
follows:
‘‘(C) used to facilitate the design, develop-
ment, or production of chemical or biological
weapons, missiles, or weapons of mass destruc-
tion.’’;
(2) in section 906(a)(1)—
(A) by inserting ‘‘, the Taliban or the ter-
ritory 
of 
Afghanistan 
controlled 
by 
the
Taliban,’’ after ‘‘Cuba’’; and
(B) by inserting ‘‘, or in the territory of
Afghanistan controlled by the Taliban,’’ after
‘‘within such country’’; and
(3) in section 906(a)(2), by inserting ‘‘, or to
any other entity in Syria or North Korea’’ after
‘‘Korea’’.
(b) APPLICATION OF THE TRADE SANCTIONS RE-
FORM AND EXPORT ENHANCEMENT ACT.—Nothing in the
Trade Sanctions Reform and Export Enhancement Act of
2000 shall limit the application or scope of any law estab-
lishing criminal or civil penalties, including any executive
order or regulation promulgated pursuant to such laws (or
similar or successor laws), for the unlawful export of any
agricultural commodity, medicine, or medical device to—
(1) a foreign organization, group, or person
designated pursuant to Executive Order 12947 of
June 25, 1995;
(2) a Foreign Terrorist Organization pursuant
to the Antiterrorism and Effective Death Penalty
Act of 1996 (Public Law 104–132);
(3) a foreign organization, group, or person
designated pursuant to Executive Order 13224 (Sep-
tember 23, 2001);
(4) any narcotics trafficking entity designated
pursuant to Executive Order 12978 (October 21,
1995) or the Foreign Narcotics Kingpin Designation
Act (Public Law 106–120); or
(5) any foreign organization, group, or persons
subject to any restriction for its involvement in
weapons of mass destruction or missile proliferation.
SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.
Nothing in this Act shall impose any additional tech-
nical obligation or requirement on a provider of a wire or
electronic communication service or other person to fur-
nish facilities or technical assistance. A provider of a wire
or electronic communication service, landlord, custodian,
or other person who furnishes facilities or technical assist-
ance pursuant to section 216 shall be reasonably com-
pensated for such reasonable expenditures incurred in pro-
viding such facilities or assistance.
SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED
DISCLOSURES.
(a) Section 2520 of title 18, United States Code, is
amended—
(1) in subsection (a), after ‘‘entity’’, by insert-
ing ‘‘, other than the United States,’’;
(2) by adding at the end the following:
‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court deter-
mines that the United States or any of its departments
or agencies has violated any provision of this chapter, and
the court finds that the circumstances surrounding the
violation raise serious questions about whether or not an
officer or employee of the United States acted willfully or
intentionally with respect to the possible violation, the de-
partment or agency shall promptly initiate a proceeding
to determine whether disciplinary action against the offi-
cer or employee is warranted. If the head of the depart-
ment or agency involved determines that disciplinary ac-
tion is not warranted, he or she shall notify the Inspector
General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the
reasons for such determination.’’; and
(3) by adding a new subsection (g), as follows:
‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any
willful disclosure or use by an investigative or law enforce-
ment officer or governmental entity of information beyond
the extent permitted by section 2517 is a violation of this
chapter for purposes of section 2520(a).
(b) Section 2707 of title 18, United States Code, is
amended—
(1) in subsection (a), after ‘‘entity’’, by insert-
ing ‘‘, other than the United States,’’;
(2) by striking subsection (d) and inserting the
following:
‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a court de-
termines that the United States or any of its departments
or agencies has violated any provision of this chapter, and
the court finds that the circumstances surrounding the
violation raise serious questions about whether or not an
officer or employee of the United States acted willfully or
intentionally with respect to the possible violation, the de-
partment or agency shall promptly initiate a proceeding
to determine whether disciplinary action against the offi-
cer or employee is warranted. If the head of the depart-
ment or agency involved determines that disciplinary ac-
tion is not warranted, he or she shall notify the Inspector
General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the
reasons for such determination.’’; and
(3) by adding a new subsection (g), as follows:
‘‘(g) IMPROPER DISCLOSURE.—Any willful disclosure
of a ‘record’, as that term is defined in section 552a(a)
of title 5, United States Code, obtained by an investigative
or law enforcement officer, or a governmental entity, pur-
suant to section 2703 of this title, or from a device in-
stalled pursuant to section 3123 or 3125 of this title, that
is not a disclosure made in the proper performance of the
official duties of the officer or governmental entity making
the disclosure, is a violation of this chapter. This provision
shall not apply to information previously lawfully disclosed
to the public by a Federal, State, or local governmental
entity.’’.
(c)(1) Chapter 121 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 2712. Civil actions against the United States
‘‘(a) IN GENERAL.—Any person who is aggrieved by
any violation of this chapter or of chapter 119 of this title
or of sections 106(a), 305(a), or 405(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) may commence an action in United States District
Court against the United States to recover money dam-
ages. In any such action, if a person who is aggrieved suc-
cessfully establishes a violation of this chapter or of chap-
ter 119 of this title or of the above specific provisions of
title 50, the Court may assess as damages—
‘‘(1) actual damages, but not less than
$10,000, whichever amount is greater; and
‘‘(2) litigation costs, reasonably incurred.
‘‘(b) PROCEDURES.—(1) Any action against the
United States under this section may be commenced only
after a claim is presented to the appropriate department
or agency under the procedures of the Federal Tort
Claims Act, as set forth in title 28, United States Code.
‘‘(2) Any action against the United States under this
section shall be commenced within the time period set
forth in section 2401(b) of title 28, United States Code.
The claim shall accrue on the date upon which the claim-
ant first discovers the violation.
‘‘(3) Any action under this section shall be tried to
the court without a jury.
‘‘(4) Notwithstanding any other provision of law, the
procedures set forth in section 106(f), 305(g), or 405(f)
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) shall be the exclusive means by which
materials governed by those sections may be reviewed.
‘‘(5) An amount equal to any award against the
United States under this section shall be reimbursed by
the department or agency concerned to the fund described
in section 1304 of title 31, United States Code, out of
any appropriation, fund, or other account (excluding any
part of such appropriation, fund, or account that is avail-
able for the enforcement of any Federal law) that is avail-
able for the operating expenses of the department or agen-
cy concerned.
‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court deter-
mines that the United States or any of its departments
or agencies has violated any provision of this chapter, and
the court finds that the circumstances surrounding the
violation raise serious questions about whether or not an
officer or employee of the United States acted willfully or
intentionally with respect to the possible violation, the de-
partment or agency shall promptly initiate a proceeding
to determine whether disciplinary action against the offi-
cer or employee is warranted. If the head of the depart-
ment or agency involved determines that disciplinary ac-
tion is not warranted, he or she shall notify the Inspector
General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the
reasons for such determination.
‘‘(d) EXCLUSIVE REMEDY.—Any action against the
United States under this subsection shall be the exclusive
remedy against the United States for any claims within
the purview of this section.’’.
(2) The table of sections at the beginning of chapter
121 is amended to read as follows:
‘‘2712. Civil action against the United States.’’.
SEC. 224. SUNSET.
(a) IN GENERAL.—Except as provided in subsection
(b), this title and the amendments made by this title
(other than sections 203(a), 203(c), 205, 208, 211, 213,
219, 221, and 222, and the amendments made by those
sections) shall cease to have effect on December 31, 2004.
(b) EXCEPTIONS.—(1) If the President notifies the
Congress before December 31, 2004 that it is in the na-
tional interest that these provisions remain in effect, these
provisions shall remain in effect until December 31, 2006
and cease to have effect on that date.
(2) With respect to any investigation that began be-
fore the date on which these provisions cease to have ef-
fect, these provisions shall continue in effect.
TITLE III—FINANCIAL
INFRASTRUCTURE
SEC. 301. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States
Code, is amended by inserting ‘‘or 2339B’’ after ‘‘2339A’’.
SEC. 302. 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 pros-
ecuted 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 fi-
nancial securities’’ and inserting ‘‘or monetary in-
struments or financial securities’’.
SEC. 303. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is
amended by inserting after subparagraph (F) the fol-
lowing:
‘‘(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, con-
ducting, or concealing an act of domestic ter-
rorism or international terrorism (as defined in
section 2331) against the United States, citi-
zens 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 do-
mestic terrorism or international terrorism (as
defined in section 2331) against the United
States, citizens or residents of the United
States, or their property.’’.
SEC. 304. TECHNICAL CLARIFICATION RELATING TO PROVI-
SION 
OF 
MATERIAL 
SUPPORT 
TO 
TER-
RORISM.
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. 305. EXTRATERRITORIAL JURISDICTION.
Section 1029 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(h) Any person who, outside the jurisdiction of the
United States, engages in any act that, if committed with-
in 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 for-
feiture 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 mem-
ber, or other entity within the jurisdiction of the
United States; and
‘‘(2) the person transports, delivers, conveys,
transfers to or through, or otherwise stores, secrets,
or holds within the jurisdiction of the United States,
any article used to assist in the commission of the
offense or the proceeds of such offense or property
derived therefrom.’’.
TITLE IV—PROTECTING THE
BORDER
Subtitle A—Protecting the
Northern Border
SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE
NORTHERN BORDER.
The Attorney General is authorized to waive any
FTE cap on personnel assigned to the Immigration and
Naturalization Service to address the national security
needs of the United States on the Northern border.
SEC. 402. NORTHERN BORDER PERSONNEL.
There are authorized to be appropriated—
(1) such sums as may be necessary to triple the
number of Border Patrol personnel (from the num-
ber authorized under current law), and the necessary
personnel and facilities to support such personnel, in
each State along the Northern Border;
(2) such sums as may be necessary to triple the
number of Customs Service personnel (from the
number authorized under current law), and the nec-
essary personnel and facilities to support such per-
sonnel, at ports of entry in each State along the
Northern Border;
(3) such sums as may be necessary to triple the
number of INS inspectors (from the number author-
ized on the date of enactment of this Act), and the
necessary personnel and facilities to support such
personnel, at ports of entry in each State along the
Northern Border; and
(4) an additional $50,000,000 each to the Im-
migration and Naturalization Service and the United
States Customs Service for purposes of making im-
provements in technology for monitoring the North-
ern Border and acquiring additional equipment at
the Northern Border.
SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND
THE INS TO CERTAIN IDENTIFYING INFORMA-
TION IN THE CRIMINAL HISTORY RECORDS
OF VISA APPLICANTS AND APPLICANTS FOR
ADMISSION TO THE UNITED STATES.
(a) AMENDMENT OF THE IMMIGRATION AND NA-
TIONALITY ACT.—Section 105 of the Immigration and
Nationality Act (8 U.S.C. 1105) is amended—
(1) in the section heading, by inserting ‘‘; DATA
EXCHANGE’’ after ‘‘SECURITY OFFICERS’’;
(2) by inserting ‘‘(a)’’ after ‘‘SEC. 105.’’;
(3) in subsection (a), by inserting ‘‘and border’’
after ‘‘internal’’ the second place it appears; and
(4) by adding at the end the following:
‘‘(b)(1) The Attorney General and the Director of the
Federal Bureau of Investigation shall provide the Depart-
ment of State and the Service access to the criminal his-
tory record information contained in the National Crime
Information Center’s Interstate Identification Index
(NCIC–III), Wanted Persons File, and to any other files
maintained by the National Crime Information Center
that may be mutually agreed upon by the Attorney Gen-
eral and the agency receiving the access, for the purpose
of determining whether or not a visa applicant or appli-
cant for admission has a criminal history record indexed
in any such file.
‘‘(2) Such access shall be provided by means of ex-
tracts of the records for placement in the automated visa
lookout or other appropriate database, and shall be pro-
vided without any fee or charge.
‘‘(3) The Federal Bureau of Investigation shall pro-
vide periodic updates of the extracts at intervals mutually
agreed upon with the agency receiving the access. Upon
receipt of such updated extracts, the receiving agency shall
make corresponding updates to its database and destroy
previously provided extracts.
‘‘(4) Access to an extract does not entitle the Depart-
ment of State to obtain the full content of the cor-
responding automated criminal history record. To obtain
the full content of a criminal history record, the Depart-
ment of State shall submit the applicant’s fingerprints and
any appropriate fingerprint processing fee authorized by
law to the Criminal Justice Information Services Division
of the Federal Bureau of Investigation.
‘‘(c) The provision of the extracts described in sub-
section (b) may be reconsidered by the Attorney General
and the receiving agency upon the development and de-
ployment of a more cost-effective and efficient means of
sharing the information.
‘‘(d) For purposes of administering this section, the
Department of State shall, prior to receiving access to
NCIC data but not later than 4 months after the date
of enactment of this subsection, promulgate final
regulations—
‘‘(1) to implement procedures for the taking of
fingerprints; and
‘‘(2) to establish the conditions for the use of
the information received from the Federal Bureau of
Investigation, in order—
‘‘(A) to limit the redissemination of such
information;
‘‘(B) to ensure that such information is
used solely to determine whether or not to issue
a visa to an alien or to admit an alien to the
United States;
‘‘(C) to ensure the security, confidentiality,
and destruction of such information; and
‘‘(D) to protect any privacy rights of indi-
viduals who are subjects of such information.’’.
(b) REPORTING REQUIREMENT.—Not later than 2
years after the date of enactment of this Act, the Attorney
General and the Secretary of State jointly shall report to
Congress on the implementation of the amendments made
by this section.
(c) TECHNOLOGY STANDARD
TO CONFIRM IDEN-
TITY.—
(1) IN GENERAL.—The Attorney General and
the Secretary of State jointly, through the National
Institute of Standards and Technology (NIST), and
in consultation with the Secretary of the Treasury
and other Federal law enforcement and intelligence
agencies the Attorney General or Secretary of State
deems appropriate, shall within 2 years after the
date of enactment of this section, develop and certify
a technology standard that can confirm the identity
of a person applying for a United States visa or
such person seeking to enter the United States pur-
suant to a visa.
(2) INTEGRATED.—The technology standard de-
veloped pursuant to paragraph (1), shall be the tech-
nological basis for a cross-agency, cross-platform
electronic system that is a cost-effective, efficient,
fully integrated means to share law enforcement and
intelligence information necessary to confirm the
identity of such persons applying for a United States
visa or such person seeking to enter the United
States pursuant to a visa.
(3) ACCESSIBLE.—The electronic system de-
scribed in paragraph (2), once implemented, shall be
readily and easily accessible to—
(A) all consular officers responsible for the
issuance of visas;
(B) all Federal inspection agents at all
United States border inspection points; and
(C) all law enforcement and intelligence of-
ficers as determined by regulation to be respon-
sible for investigation or identification of aliens
admitted to the United States pursuant to a
visa.
(4) REPORT.—Not later than 18 months after
the date of enactment of this Act, and every 2 years
thereafter, the Attorney General and the Secretary
of State shall jointly, in consultation with the Sec-
retary of Treasury, report to Congress describing
the development, implementation and efficacy of the
technology standard and electronic database system
described in this subsection.
(d) STATUTORY CONSTRUCTION.—Nothing in this
section, or in any other law, shall be construed to limit
the authority of the Attorney General or the Director of
the Federal Bureau of Investigation to provide access to
the criminal history record information contained in the
National Crime Information Center’s (NCIC) Interstate
Identification Index (NCIC–III), or to any other informa-
tion maintained by the NCIC, to any Federal agency or
officer authorized to enforce or administer the immigra-
tion laws of the United States, for the purpose of such
enforcement or administration, upon terms that are con-
sistent with the National Crime Prevention and Privacy
Compact Act of 1998 (subtitle A of title II of Public Law
105–251; 42 U.S.C. 14611–16) and section 552a of title
5, United States Code.
SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.
The matter under the headings ‘‘Immigration And
Naturalization Service: Salaries and Expenses, Enforce-
ment And Border Affairs’’ and ‘‘Immigration And Natu-
ralization Service: Salaries and Expenses, Citizenship And
Benefits, Immigration And Program Direction’’ in the De-
partment of Justice Appropriations Act, 2001 (as enacted
into law by Appendix B (H.R. 5548) of Public Law 106–
553 (114 Stat. 2762A–58 to 2762A–59)) is amended by
striking the following each place it occurs: ‘‘Provided, That
none of the funds available to the Immigration and Natu-
ralization Service shall be available to pay any employee
overtime pay in an amount in excess of $30,000 during
the calendar year beginning January 1, 2001:’’.
SEC. 405. REPORT ON THE INTEGRATED AUTOMATED FIN-
GERPRINT 
IDENTIFICATION 
SYSTEM 
FOR
POINTS OF ENTRY AND OVERSEAS CONSULAR
POSTS.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the appropriate heads of other Federal
agencies, including the Secretary of State, Secretary of the
Treasury, and the Secretary of Transportation, shall re-
port to Congress on the feasibility of enhancing the Inte-
grated Automated Fingerprint Identification System
(IAFIS) of the Federal Bureau of Investigation and other
identification systems in order to better identify a person
who holds a foreign passport or a visa and may be wanted
in connection with a criminal investigation in the United
States or abroad, before the issuance of a visa to that per-
son or the entry or exit by that person from the United
States.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated not less than $2,000,000
to carry out this section.
Subtitle B—Enhanced Immigration
Provisions
SEC. 411. DEFINITIONS RELATING TO TERRORISM.
(a) 
GROUNDS
OF
INADMISSIBILITY.—Section
212(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)) is amended—
(1) in subparagraph (B)—
(A) in clause (i)—
(i) by amending subclause (IV) to
read as follows:
‘‘(IV) is a representative (as de-
fined in clause (v)) of—
‘‘(aa) a foreign terrorist or-
ganization, as designated by the
Secretary of State under section
219, or
‘‘(bb) a political, social or
other similar group whose public
endorsement of acts of terrorist
activity the Secretary of State
has 
determined 
undermines
United States efforts to reduce or
eliminate terrorist activities,’’;
(ii) in subclause (V), by inserting ‘‘or’’
after ‘‘section 219,’’; and
(iii) by adding at the end the fol-
lowing new subclauses:
‘‘(VI) has used the alien’s posi-
tion of prominence within any country
to endorse or espouse terrorist activ-
ity, or to persuade others to support
terrorist activity or a terrorist organi-
zation, in a way that the Secretary of
State has determined undermines
United States efforts to reduce or
eliminate terrorist activities, or
‘‘(VII) is the spouse or child of
an alien who is inadmissible under
this section, if the activity causing the
alien to be found inadmissible oc-
curred within the last 5 years,’’;
(B) by redesignating clauses (ii), (iii), and
(iv) as clauses (iii), (iv), and (v), respectively;
(C) in clause (i)(II), by striking ‘‘clause
(iii)’’ and inserting ‘‘clause (iv)’’;
(D) by inserting after clause (i) the fol-
lowing:
‘‘(ii) EXCEPTION.—Subclause (VII) of
clause (i) does not apply to a spouse or
child—
‘‘(I) who did not know or should
not reasonably have known of the ac-
tivity causing the alien to be found in-
admissible under this section; or
‘‘(II) whom the consular officer
or Attorney General has reasonable
grounds to believe has renounced the
activity causing the alien to be found
inadmissible under this section.’’;
(E) in clause (iii) (as redesignated by sub-
paragraph (B))—
(i) by inserting ‘‘it had been’’ before
‘‘committed in the United States’’; and
(ii) in subclause (V)(b), by striking
‘‘or firearm’’ and inserting ‘‘, firearm, or
other weapon or dangerous device’’;
(F) by amending clause (iv) (as redesig-
nated by subparagraph (B)) to read as follows:
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY
DEFINED.—As used in this chapter, the
term ‘engage in terrorist activity’ means,
in an individual capacity or as a member
of an organization—
‘‘(I) to commit or to incite to
commit, under circumstances indi-
cating an intention to cause death or
serious bodily injury, a terrorist activ-
ity;
‘‘(II) to prepare or plan a ter-
rorist activity;
‘‘(III) to gather information on
potential targets for terrorist activity;
‘‘(IV) to solicit funds or other
things of value for—
‘‘(aa) a terrorist activity;
‘‘(bb) a terrorist organiza-
tion described in clauses (vi)(I)
or (vi)(II); or
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III),
unless the solicitor can dem-
onstrate that he did not know,
and should not reasonably have
known, 
that 
the 
solicitation
would further the organization’s
terrorist activity;
‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct
otherwise 
described 
in 
this
clause;
‘‘(bb) for membership in a
terrorist organization described
in clauses (vi)(I) or (vi)(II); or
‘‘(cc) for membership in a
terrorist organization described
in clause (vi)(III), unless the so-
licitor can demonstrate that he
did not know, and should not
reasonably have known, that the
solicitation would further the or-
ganization’s terrorist activity; or
‘‘(VI) to commit an act that the
actor knows, or reasonably should
know, affords material support, in-
cluding a safe house, transportation,
communications, funds, transfer of
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
ological, or radiological weapons), ex-
plosives, or training—
‘‘(aa) for the commission of
a terrorist activity;
‘‘(bb) to any individual who
the actor knows, or reasonably
should know, has committed or
plans to commit a terrorist activ-
ity;
‘‘(cc) to a terrorist organiza-
tion described in clauses (vi)(I)
or (vi)(II); or
‘‘(dd) to a terrorist organi-
zation 
described 
in 
clause
(vi)(III), unless the actor can
demonstrate that he did not
know, and should not reasonably
have known, that the act would
further the organization’s ter-
rorist activity.
This clause shall not apply to any ma-
terial support the alien afforded to an
organization or individual that has
committed terrorist activity, if the
Secretary of State, after consultation
with the Attorney General, or the At-
torney General, after consultation
with the Secretary of State, concludes
in his sole unreviewable discretion,
that this clause should not apply.’’;
and
(G) by adding at the end the following new
clause:
‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—As used in clause (i)(VI) and
clause (iv), the term ‘terrorist organiza-
tion’ means an organization—
‘‘(I) designated under section
219;
‘‘(II) otherwise designated, upon
publication in the Federal Register, by
the Secretary of State in consultation
with or upon the request of the Attor-
ney General, as a terrorist organiza-
tion, after finding that it engages in
the activities described in subclause
(I), (II), or (III) of clause (iv), or that
it provides material support to further
terrorist activity; or
‘‘(III) that is a group of two or
more individuals, whether organized
or not, which engages in the activities
described in subclause (I), (II), or
(III) of clause (iv).’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(F) ASSOCIATION WITH TERRORIST ORGA-
NIZATIONS.—Any alien who the Secretary of
State, after consultation with the Attorney Gen-
eral, 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 en-
gage solely, principally, or incidentally in activi-
ties that could endanger the welfare, safety, or
security of the United States is inadmissible.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 237(a)(4)(B) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is
amended by striking ‘‘section 212(a)(3)(B)(iii)’’ and
inserting ‘‘section 212(a)(3)(B)(iv)’’.
(2) Section 208(b)(2)(A)(v) of the Immigration
and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is
amended by striking ‘‘or (IV)’’ and inserting ‘‘(IV),
or (VI)’’.
(c) RETROACTIVE APPLICATION OF AMENDMENTS.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by
this section shall take effect on the date of enact-
ment of this Act and shall apply to—
(A) actions taken by an alien before, on, or
after such date; and
(B) all aliens, without regard to the date
of entry or attempted entry into the United
States—
(i) in removal proceedings on or after
such date (except for proceedings in which
there has been a final administrative deci-
sion before such date); or
(ii) seeking admission to the United
States on or after such date.
(2) SPECIAL RULE FOR ALIENS IN EXCLUSION
OR DEPORTATION PROCEEDINGS.—Notwithstanding
any other provision of law, sections 212(a)(3)(B)
and 237(a)(4)(B) of the Immigration and Nation-
ality Act, as amended by this Act, shall apply to all
aliens in exclusion or deportation proceedings on or
after the date of enactment of this Act (except for
proceedings in which there has been a final adminis-
trative decision before such date) as if such pro-
ceedings were removal proceedings.
(3) SPECIAL RULE FOR SECTION 219 ORGANIZA-
TIONS
AND
ORGANIZATIONS
DESIGNATED
UNDER
SECTION 212(a)(3)(B)(vi)(II).—
(A) IN GENERAL.—Notwithstanding para-
graphs (1) and (2), no alien shall be considered
inadmissible under section 212(a)(3) of the Im-
migration 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)(bb), (V)(bb), or (VI)(cc) of sec-
tion 212(a)(3)(B)(iv) of such Act (as so amend-
ed) with respect to a group at any time when
the group was not a terrorist organization des-
ignated by the Secretary of State under section
219 of such Act (8 U.S.C. 1189) or otherwise
designated under section 212(a)(3)(B)(vi)(II).
(B) 
STATUTORY
CONSTRUCTION.—Sub-
paragraph (A) shall not be construed to prevent
an alien from being considered inadmissible or
deportable for having engaged in a terrorist
activity—
(i) described in subclause (IV)(bb),
(V)(bb), 
or 
(VI)(cc) 
of 
section
212(a)(3)(B)(iv) of such Act (as so amend-
ed) with respect to a terrorist organization
at any time when such organization was
designated by the Secretary of State under
section 219 of such Act or otherwise des-
ignated under section 212(a)(3)(B)(vi)(II);
or
(ii) described in subclause (IV)(cc),
(V)(cc), 
or 
(VI)(dd) 
of 
section
212(a)(3)(B)(iv) of such Act (as so amend-
ed) with respect to a terrorist organization
described in section 212(a)(3)(B)(vi)(III).
(4) EXCEPTION.—The Secretary of State, in
consultation with the Attorney General, may deter-
mine that the amendments made by this section
shall not apply with respect to actions by an alien
taken outside the United States before the date of
enactment of this Act upon the recommendation of
a consular officer who has concluded that there is
not reasonable ground to believe that the alien knew
or reasonably should have known that the actions
would further a terrorist activity.
(c) DESIGNATION OF FOREIGN TERRORIST ORGANI-
ZATIONS.—Section 219(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1189(a)) is amended—
(1) in paragraph (1)(B), by inserting ‘‘or ter-
rorism (as defined in section 140(d)(2) of the For-
eign Relations Authorization Act, Fiscal Years 1988
and 1989 (22 U.S.C. 2656f(d)(2)), or retains the ca-
pability and intent to engage in terrorist activity or
terrorism)’’ after ‘‘212(a)(3)(B)’’;
(2) in paragraph (1)(C), by inserting ‘‘or ter-
rorism’’ after ‘‘terrorist activity’’;
(3) by amending paragraph (2)(A) to read as
follows:
‘‘(A) NOTICE.—
‘‘(i) TO CONGRESSIONAL LEADERS.—
Seven days before making a designation
under this subsection, the Secretary shall,
by classified communication, notify the
Speaker and Minority Leader of the House
of Representatives, the President pro tem-
pore, Majority Leader, and Minority Lead-
er of the Senate, and the members of the
relevant committees, in writing, of the in-
tent to designate an organization under
this subsection, together with the findings
made under paragraph (1) with respect to
that organization, and the factual basis
therefor.
‘‘(ii) PUBLICATION IN FEDERAL REG-
ISTER.—The Secretary shall publish the
designation in the Federal Register seven
days after providing the notification under
clause (i).’’;
(4) in paragraph (2)(B)(i), by striking ‘‘sub-
paragraph 
(A)’’ 
and 
inserting 
‘‘subparagraph
(A)(ii)’’;
(5) in paragraph (2)(C), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraph (2)(A)(i)’’;
(6) in paragraph (3)(B), by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (b)’’;
(7) in paragraph (4)(B), by inserting after the
first sentence the following: ‘‘The Secretary also may
redesignate such organization at the end of any 2-
year redesignation period (but not sooner than 60
days prior to the termination of such period) for an
additional 2-year period upon a finding that the rel-
evant circumstances described in paragraph (1) still
exist. Any redesignation shall be effective imme-