(A) IN GENERAL.—An alien is described in
this subsection if—
(i) the alien was, on September 10,
2001, the spouse or child of a principal
alien described in paragraph (1); and
(ii) the alien—
(I) is accompanying such prin-
cipal alien; or
(II) is following to join such prin-
cipal alien not later than September
11, 2003.
(B) CONSTRUCTION.—For purposes of
construing the terms ‘‘accompanying’’ and ‘‘fol-
lowing to join’’ in subparagraph (A)(ii), any
death of a principal alien that is described in
paragraph (1)(B)(i) shall be disregarded.
(3) GRANDPARENTS OF ORPHANS.—An alien is
described in this subsection if the alien is a grand-
parent of a child, both of whose parents died as a
direct result of a specified terrorist activity, if either
of such deceased parents was, on September 10,
2001, a citizen or national of the United States or
an alien lawfully admitted for permanent residence
in the United States.
(c) PRIORITY DATE.—Immigrant visas made avail-
able under this section shall be issued to aliens in the
order in which a petition on behalf of each such alien is
filed with the Attorney General under subsection (a)(1),
except that if an alien was assigned a priority date with
respect to a petition described in subsection (b)(1)(A)(i),
the alien may maintain that priority date.
(d) NUMERICAL LIMITATIONS.—For purposes of the
application of sections 201 through 203 of the Immigra-
tion and Nationality Act (8 U.S.C. 1151–1153) in any fis-
cal year, aliens eligible to be provided status under this
section shall be treated as special immigrants described
in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27))
who are not described in subparagraph (A), (B), (C), or
(K) of such section.
SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STA-
TUS.—
(1) IN GENERAL.—Notwithstanding section 214
of the Immigration and Nationality Act (8 U.S.C.
1184), in the case of an alien described in paragraph
(2) who was lawfully present in the United States as
a nonimmigrant on September 10, 2001, the alien
may remain lawfully in the United States in the
same nonimmigrant status until the later of—
(A) the date such lawful nonimmigrant
status otherwise would have terminated if this
subsection had not been enacted; or
(B) 1 year after the death or onset of dis-
ability described in paragraph (2).
(2) ALIENS DESCRIBED.—
(A) PRINCIPAL ALIENS.—An alien is de-
scribed in this paragraph if the alien was dis-
abled as a direct result of a specified terrorist
activity.
(B) SPOUSES AND CHILDREN.—An alien is
described in this paragraph if the alien was, on
September 10, 2001, the spouse or child of—
(i) a principal alien described in sub-
paragraph (A); or
(ii) an alien who died as a direct re-
sult of a specified terrorist activity.
(3) AUTHORIZED
EMPLOYMENT.—During the
period in which a principal alien or alien spouse is
in lawful nonimmigrant status under paragraph (1),
the alien shall be provided an ‘‘employment author-
ized’’ endorsement or other appropriate document
signifying authorization of employment not later
than 30 days after the alien requests such authoriza-
tion.
(b) NEW DEADLINES FOR EXTENSION OR CHANGE
OF NONIMMIGRANT STATUS.—
(1) FILING DELAYS.—In the case of an alien
who was lawfully present in the United States as a
nonimmigrant on September 10, 2001, if the alien
was prevented from filing a timely application for an
extension or change of nonimmigrant status as a di-
rect result of a specified terrorist activity, the alien’s
application shall be considered timely filed if it is
filed not later than 60 days after it otherwise would
have been due.
(2) DEPARTURE DELAYS.—In the case of an
alien who was lawfully present in the United States
as a nonimmigrant on September 10, 2001, if the
alien is unable timely to depart the United States as
a direct result of a specified terrorist activity, the
alien shall not be considered to have been unlawfully
present in the United States during the period be-
ginning on September 11, 2001, and ending on the
date of the alien’s departure, if such departure oc-
curs on or before November 11, 2001.
(3) SPECIAL RULE FOR ALIENS UNABLE TO RE-
TURN FROM ABROAD.—
(A) PRINCIPAL ALIENS.—In the case of an
alien who was in a lawful nonimmigrant status
on September 10, 2001, but who was not
present in the United States on such date, if
the alien was prevented from returning to the
United States in order to file a timely applica-
tion for an extension of nonimmigrant status as
a direct result of a specified terrorist activity—
(i) the alien’s application shall be con-
sidered timely filed if it is filed not later
than 60 days after it otherwise would have
been due; and
(ii) the alien’s lawful nonimmigrant
status shall be considered to continue until
the later of—
(I) the date such status otherwise
would have terminated if this sub-
paragraph had not been enacted; or
(II) the date that is 60 days
after the date on which the applica-
tion described in clause (i) otherwise
would have been due.
(B) SPOUSES AND CHILDREN.—In the case
of an alien who is the spouse or child of a prin-
cipal alien described in subparagraph (A), if the
spouse or child was in a lawful nonimmigrant
status on September 10, 2001, the spouse or
child may remain lawfully in the United States
in the same nonimmigrant status until the later
of—
(i) the date such lawful nonimmigrant
status otherwise would have terminated if
this subparagraph had not been enacted;
or
(ii) the date that is 60 days after the
date on which the application described in
subparagraph (A) otherwise would have
been due.
(4) CIRCUMSTANCES PREVENTING TIMELY AC-
TION.—
(A) FILING
DELAYS.—For purposes of
paragraph (1), circumstances preventing an
alien from timely acting are—
(i) office closures;
(ii) mail or courier service cessations
or delays; and
(iii) other closures, cessations, or
delays affecting case processing or travel
necessary to satisfy legal requirements.
(B) DEPARTURE AND RETURN DELAYS.—
For purposes of paragraphs (2) and (3), cir-
cumstances preventing an alien from timely act-
ing are—
(i) office closures;
(ii) airline flight cessations or delays;
and
(iii) other closures, cessations, or
delays affecting case processing or travel
necessary to satisfy legal requirements.
(c) DIVERSITY IMMIGRANTS.—
(1) WAIVER
OF
FISCAL
YEAR
LIMITATION.—
Notwithstanding section 203(e)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(e)(2)), an
immigrant visa number issued to an alien under sec-
tion 203(c) of such Act for fiscal year 2001 may be
used by the alien during the period beginning on Oc-
tober 1, 2001, and ending on April 1, 2002, if the
alien establishes that the alien was prevented from
using it during fiscal year 2001 as a direct result of
a specified terrorist activity.
(2) WORLDWIDE
LEVEL.—In the case of an
alien entering the United States as a lawful perma-
nent resident, or adjusting to that status, under
paragraph (1), the alien shall be counted as a diver-
sity immigrant for fiscal year 2001 for purposes of
section 201(e) of the Immigration and Nationality
Act (8 U.S.C. 1151(e)), unless the worldwide level
under such section for such year has been exceeded,
in which case the alien shall be counted as a diver-
sity immigrant for fiscal year 2002.
(3) TREATMENT OF FAMILY MEMBERS OF CER-
TAIN
ALIENS.—In the case of a principal alien
issued an immigrant visa number under section
203(c) of the Immigration and Nationality Act (8
U.S.C. 1153(c)) for fiscal year 2001, if such prin-
cipal alien died as a direct result of a specified ter-
rorist activity, the aliens who were, on September
10, 2001, the spouse and children of such principal
alien shall, if not otherwise entitled to an immigrant
status and the immediate issuance of a visa under
subsection (a), (b), or (c) of section 203 of such Act,
be entitled to the same status, and the same order
of consideration, that would have been provided to
such alien spouse or child under section 203(d) of
such Act if the principal alien were not deceased.
(4) CIRCUMSTANCES PREVENTING TIMELY AC-
TION.—For 
purposes 
of 
paragraph 
(1), 
cir-
cumstances preventing an alien from using an immi-
grant visa number during fiscal year 2001 are—
(A) office closures;
(B) mail or courier service cessations or
delays;
(C) airline flight cessations or delays; and
(D) other closures, cessations, or delays af-
fecting case processing or travel necessary to
satisfy legal requirements.
(d) EXTENSION
OF EXPIRATION
OF IMMIGRANT
VISAS.—
(1) IN GENERAL.—Notwithstanding the limita-
tions under section 221(c) of the Immigration and
Nationality Act (8 U.S.C. 1201(c)), in the case of
any immigrant visa issued to an alien that expires
or expired before December 31, 2001, if the alien
was unable to effect entry into the United States as
a direct result of a specified terrorist activity, then
the period of validity of the visa is extended until
December 31, 2001, unless a longer period of valid-
ity is otherwise provided under this subtitle.
(2) CIRCUMSTANCES PREVENTING ENTRY.—For
purposes of this subsection, circumstances pre-
venting an alien from effecting entry into the United
States are—
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays af-
fecting case processing or travel necessary to
satisfy legal requirements.
(e) GRANTS OF PAROLE EXTENDED.—
(1) IN GENERAL.—In the case of any parole
granted by the Attorney General under section
212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) that expires on a date on or
after September 11, 2001, if the alien beneficiary of
the parole was unable to return to the United States
prior to the expiration date as a direct result of a
specified terrorist activity, the parole is deemed ex-
tended for an additional 90 days.
(2) CIRCUMSTANCES
PREVENTING
RETURN.—
For purposes of this subsection, circumstances pre-
venting an alien from timely returning to the United
States are—
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays af-
fecting case processing or travel necessary to
satisfy legal requirements.
(f) VOLUNTARY DEPARTURE.—Notwithstanding sec-
tion 240B of the Immigration and Nationality Act (8
U.S.C. 1229c), if a period for voluntary departure under
such section expired during the period beginning on Sep-
tember 11, 2001, and ending on October 11, 2001, such
voluntary departure period is deemed extended for an ad-
ditional 30 days.
SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING
SPOUSES AND CHILDREN.
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) SPOUSES.—Notwithstanding the second
sentence of section 201(b)(2)(A)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1151(b)(2)(A)(i)), in the case of an alien who was
the spouse of a citizen of the United States at the
time of the citizen’s death and was not legally sepa-
rated from the citizen at the time of the citizen’s
death, if the citizen died as a direct result of a speci-
fied terrorist activity, the alien (and each child of
the alien) shall be considered, for purposes of section
201(b) of such Act, to remain an immediate relative
after the date of the citizen’s death, but only if the
alien files a petition under section 204(a)(1)(A)(ii)
of such Act within 2 years after such date and only
until the date the alien remarries. For purposes of
such section 204(a)(1)(A)(ii), an alien granted relief
under the preceding sentence shall be considered an
100
alien spouse described in the second sentence of sec-
tion 201(b)(2)(A)(i) of such Act.
(2) CHILDREN.—
(A) IN GENERAL.—In the case of an alien
who was the child of a citizen of the United
States at the time of the citizen’s death, if the
citizen died as a direct result of a specified ter-
rorist activity, the alien shall be considered, for
purposes of section 201(b) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)), to re-
main an immediate relative after the date of the
citizen’s death (regardless of changes in age or
marital status thereafter), but only if the alien
files a petition under subparagraph (B) within
2 years after such date.
(B) PETITIONS.—An alien described in
subparagraph (A) may file a petition with the
Attorney General for classification of the alien
under section 201(b)(2)(A)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition
filed under section 204(a)(1)(A) of such Act (8
U.S.C. 1154(a)(1)(A)).
101
(b) SPOUSES, CHILDREN, UNMARRIED SONS
AND
DAUGHTERS
OF
LAWFUL
PERMANENT
RESIDENT
ALIENS.—
(1) IN GENERAL.—Any spouse, child, or unmar-
ried son or daughter of an alien described in para-
graph (3) who is included in a petition for classifica-
tion as a family-sponsored immigrant under section
203(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(a)(2)) that was filed by such alien be-
fore September 11, 2001, shall be considered (if the
spouse, child, son, or daughter has not been admit-
ted or approved for lawful permanent residence by
such date) a valid petitioner for preference status
under such section with the same priority date as
that assigned prior to the death described in para-
graph (3)(A). No new petition shall be required to
be filed. Such spouse, child, son, or daughter may be
eligible for deferred action and work authorization.
(2) SELF-PETITIONS.—Any spouse, child, or
unmarried son or daughter of an alien described in
paragraph (3) who is not a beneficiary of a petition
for classification as a family-sponsored immigrant
under section 203(a)(2) of the Immigration and Na-
tionality Act may file a petition for such classifica-
tion with the Attorney General, if the spouse, child,
102
son, or daughter was present in the United States
on September 11, 2001. Such spouse, child, son, or
daughter may be eligible for deferred action and
work authorization.
(3) ALIENS DESCRIBED.—An alien is described
in this paragraph if the alien—
(A) died as a direct result of a specified
terrorist activity; and
(B) on the day of such death, was lawfully
admitted for permanent residence in the United
States.
(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY
SURVIVING SPOUSES AND CHILDREN OF EMPLOYMENT-
BASED IMMIGRANTS.—
(1) IN GENERAL.—Any alien who was, on Sep-
tember 10, 2001, the spouse or child of an alien de-
scribed in paragraph (2), and who applied for ad-
justment of status prior to the death described in
paragraph (2)(A), may have such application adju-
dicated as if such death had not occurred.
(2) ALIENS DESCRIBED.—An alien is described
in this paragraph if the alien—
(A) died as a direct result of a specified
terrorist activity; and
(B) on the day before such death, was—
103
(i) an alien lawfully admitted for per-
manent residence in the United States by
reason of having been allotted a visa under
section 203(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of
status to that of an alien described in
clause (i), and admissible to the United
States for permanent residence.
(d) WAIVER OF PUBLIC CHARGE GROUNDS.—In de-
termining the admissibility of any alien accorded an immi-
gration benefit under this section, the grounds for inad-
missibility specified in section 212(a)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(4)) shall not
apply.
SEC. 424. ‘‘AGE-OUT’’ PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.), in the
case of an alien—
(1) whose 21st birthday occurs in September
2001, and who is the beneficiary of a petition or ap-
plication filed under such Act on or before Sep-
tember 11, 2001, the alien shall be considered to be
a child for 90 days after the alien’s 21st birthday
104
for purposes of adjudicating such petition or applica-
tion; and
(2) whose 21st birthday occurs after September
2001, and who is the beneficiary of a petition or ap-
plication filed under such Act on or before Sep-
tember 11, 2001, the alien shall be considered to be
a child for 45 days after the alien’s 21st birthday
for purposes of adjudicating such petition or applica-
tion.
SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or
to ensure family unity, may provide temporary administra-
tive relief to any alien who—
(1) was lawfully present in the United States on
September 10, 2001;
(2) was on such date the spouse, parent, or
child of an individual who died or was disabled as
a direct result of a specified terrorist activity; and
(3) is not otherwise entitled to relief under any
other provision of this subtitle.
SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF
EMPLOYMENT.
(a) IN GENERAL.—The Attorney General shall estab-
lish appropriate standards for evidence demonstrating, for
105
purposes of this subtitle, that any of the following oc-
curred as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage
to, or destruction of, a business.
(b) WAIVER OF REGULATIONS.—The Attorney Gen-
eral shall carry out subsection (a) as expeditiously as pos-
sible. The Attorney General is not required to promulgate
regulations prior to implementing this subtitle.
SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEM-
BERS 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 ter-
rorist activity; or
(2) any family member of any individual de-
scribed in paragraph (1).
SEC. 428. DEFINITIONS.
(a) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically
provided in this subtitle, the definitions used in the Immi-
gration and Nationality Act (excluding the definitions ap-
106
plicable exclusively to title III of such Act) shall apply in
the administration of this subtitle.
(b) SPECIFIED TERRORIST ACTIVITY.—For purposes
of this subtitle, the term ‘‘specified terrorist activity’’
means any terrorist activity conducted against the Govern-
ment or the people of the United States on September 11,
2001.
TITLE 
V—REMOVING 
OBSTA-
CLES 
TO 
INVESTIGATING
TERRORISM
SEC. 501. ATTORNEY GENERAL’S AUTHORITY TO PAY RE-
WARDS TO COMBAT TERRORISM.
(a) PAYMENT
OF
REWARDS
TO
COMBAT
TER-
RORISM.—Funds available to the Attorney General may
be used for the payment of rewards pursuant to public
advertisements for assistance to the Department of Jus-
tice to combat terrorism and defend the Nation against
terrorist acts, in accordance with procedures and regula-
tions 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;
107
(2) the Attorney General shall give written no-
tice to the Chairmen and ranking minority members
of the Committees on Appropriations and the Judici-
ary of the Senate and of the House of Representa-
tives 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 Attor-
ney 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 sec-
tion, and no reward paid pursuant to any such offer
shall count toward any such aggregate reward
spending limitation.
SEC. 502. SECRETARY OF STATE’S AUTHORITY TO PAY RE-
WARDS.
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)—
108
(A) in paragraph (4), by striking ‘‘or’’ at
the end;
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘, including by
dismantling an organization in whole or signifi-
cant part; or’’; and
(C) by adding at the end the following:
‘‘(6) the identification or location of an indi-
vidual who holds a key leadership position in a ter-
rorist 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 Elimi-
nation Act of 2000 (42 U.S.C. 14135a(d)(2)) is amended
to read as follows:
109
‘‘(2) In addition to the offenses described in
paragraph (1), the following offenses shall be treated
for purposes of this section as qualifying Federal of-
fenses, as determined by the Attorney General:
‘‘(A) 
Any 
offense 
listed 
in 
section
2332b(g)(5)(B) of title 18, United States Code.
‘‘(B) Any crime of violence (as defined in
section 16 of title 18, United States Code).
‘‘(C) Any attempt or conspiracy to commit
any of the above offenses.’’.
SEC. 504. COORDINATION WITH LAW ENFORCEMENT.
(a) INFORMATION ACQUIRED FROM AN ELECTRONIC
SURVEILLANCE.—Section 106 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1806), is amended
by adding at the end the following:
‘‘(k)(1) Federal officers who conduct electronic sur-
veillance to acquire foreign intelligence information under
this title may consult with Federal law enforcement offi-
cers 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 for-
eign power;
‘‘(B) sabotage or international terrorism by a
foreign power or an agent of a foreign power; or
110
‘‘(C) clandestine intelligence activities by an in-
telligence 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 Surveil-
lance Act of 1978 (50 U.S.C. 1825) is amended by adding
at the end the following:
‘‘(k)(1) Federal officers who conduct physical
searches to acquire foreign intelligence information under
this title may consult with Federal law enforcement offi-
cers 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 for-
eign power;
‘‘(B) sabotage or international terrorism by a
foreign power or an agent of a foreign power; or
‘‘(C) clandestine intelligence activities by an in-
telligence service or network of a foreign power or by
an agent of a foreign power.
111
‘‘(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 AUTHORI-
TIES.
(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 author-
ized investigation to protect against inter-
national terrorism or clandestine intelligence ac-
tivities, provided that such an investigation of a
United States person is not conducted solely on
the basis of activities protected by the first
112
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 author-
ized investigation to protect against inter-
national terrorism or clandestine intelligence ac-
tivities, provided that such an investigation of a
United States person is not conducted solely
upon the basis of activities protected by the
first amendment to the Constitution of the
United States.’’.
(b) FINANCIAL RECORDS.—Section 1114(a)(5)(A) of
the Right to Financial Privacy Act of 1978 (12 U.S.C.
3414(a)(5)(A)) is amended—
(1) by inserting ‘‘in a position not lower than
Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office
designated by the Director’’ after ‘‘designee’’; and
(2) by striking ‘‘sought’’ and all that follows
and inserting ‘‘sought for foreign counter intel-
ligence purposes to protect against international ter-
113
rorism or clandestine intelligence activities, provided
that such an investigation of a United States person
is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution
of the United States.’’.
(c) CONSUMER REPORTS.—Section 624 of the Fair
Credit Reporting Act (15 U.S.C. 1681u) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘in a position not lower
than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a
Bureau field office designated by the Director’’
after ‘‘designee’’ the first place it appears; and
(B) by striking ‘‘in writing that’’ and all
that follows through the end and inserting the
following: ‘‘in writing, that such information is
sought for the conduct of an authorized inves-
tigation to protect against international ter-
rorism or clandestine intelligence activities, pro-
vided that such an investigation of a United
States person is not conducted solely upon the
basis of activities protected by the first amend-
ment to the Constitution of the United
States.’’;
(2) in subsection (b)—
114
(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 inves-
tigation to protect against international ter-
rorism or clandestine intelligence activities, pro-
vided that such an investigation of a United
States person is not conducted solely upon the
basis of activities protected by the first amend-
ment 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
115
is sought for the conduct of an authorized in-
vestigation to protect against international ter-
rorism or clandestine intelligence activities, pro-
vided that such an investigation of a United
States person is not conducted solely upon the
basis of activities protected by the first amend-
ment 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 ad-
dition to any other agency having such authority, have the
authority to investigate offenses under this section.
‘‘(2) The Federal Bureau of Investigation shall have
primary authority to investigate offenses under subsection
(a)(1) for any cases involving espionage, foreign counter-
intelligence, information protected against unauthorized
disclosure for reasons of national defense or foreign rela-
tions, or Restricted Data (as that term is defined in sec-
tion 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.
116
‘‘(3) Such authority shall be exercised in accordance
with an agreement which shall be entered into by the Sec-
retary 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 docu-
ments or devices, and any fraud or other criminal or un-
lawful 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 TER-
RORISM.—
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (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 Gen-
eral) may submit a written application to a court of
competent jurisdiction for an ex parte order requir-
117
ing an educational agency or institution to permit
the Attorney General (or his designee) to—
‘‘(A) collect education records in the pos-
session 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 in-
vestigation or prosecution of an offense de-
scribed in paragraph (1)(A), retain, dissemi-
nate, 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 confiden-
tiality.
‘‘(2) APPLICATION AND APPROVAL.—
‘‘(A) IN GENERAL.—An application under
paragraph (1) shall certify that there are spe-
cific and articulable facts giving reason to be-
lieve that the education records are likely to
contain information described in paragraph
(1)(A).
118
‘‘(B) The court shall issue an order de-
scribed in paragraph (1) if the court finds that
the application for the order includes the certifi-
cation described in subparagraph (A).
‘‘(3) PROTECTION
OF
EDUCATIONAL
AGENCY
OR INSTITUTION.—An educational agency or institu-
tion that, in good faith, produces education records
in accordance with an order issued under this sub-
section shall not be liable to any person for that pro-
duction.
‘‘(4) 
RECORD-KEEPING.—Subsection 
(b)(4)
does not apply to education records subject to a
court order under this subsection.’’.
SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SUR-
VEYS.
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 TER-
RORISM.—
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (a) and (b), the Attorney General (or any
Federal officer or employee, in a position not lower
than an Assistant Attorney General, designated by
the Attorney General) may submit a written applica-