183
States Code, is amended by striking ‘‘three years’’ and
inserting ‘‘20 years’’.
(c) POSSESSING COUNTERFEIT FOREIGN OBLIGA-
TIONS OR SECURITIES.—Section 480 of title 18, United
States Code, is amended by striking ‘‘one year’’ and in-
serting ‘‘20 years’’.
(d) PLATES, STONES, OR ANALOG, DIGITAL, OR
ELECTRONIC IMAGES
FOR COUNTERFEITING FOREIGN
OBLIGATIONS OR SECURITIES.—
(1) IN
GENERAL.—Section 481 of title 18,
United States Code, is amended by inserting after
the second paragraph the following new paragraph:
‘‘Whoever, with intent to defraud, makes, executes,
acquires, scans, captures, records, receives, transmits, re-
produces, sells, or has in such person’s control, custody,
or possession, an analog, digital, or electronic image of
any bond, certificate, obligation, or other security of any
foreign government, or of any treasury note, bill, or prom-
ise to pay, lawfully issued by such foreign government and
intended to circulate as money; or’’.
(2) INCREASED
SENTENCE.—The last para-
graph of section 481 of title 18, United States Code,
is amended by striking ‘‘five years’’ and inserting
‘‘25 years’’.
184
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The heading for section 481 of title 18,
United States Code, is amended by striking ‘‘or
stones’’ and inserting ‘‘, stones, or analog,
digital, or electronic images’’.
(4) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 25 of title 18, United States Code,
is amended in the item relating to section 481 by
striking ‘‘or stones’’ and inserting ‘‘, stones, or ana-
log, digital, or electronic images’’.
(e) FOREIGN BANK NOTES.—Section 482 of title 18,
United States Code, is amended by striking ‘‘two years’’
and inserting ‘‘20 years’’.
(f) 
UTTERING
COUNTERFEIT
FOREIGN
BANK
NOTES.—Section 483 of title 18, United States Code, is
amended by striking ‘‘one year’’ and inserting ‘‘20 years’’.
SEC. 376. 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. 377. 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
185
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 on the Northern border.
SEC. 402. NORTHERN BORDER PERSONNEL.
There are authorized to be appropriated—
186
(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 the 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.
187
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.
188
‘‘(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
189
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.—
190
(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 and in consultation with Con-
gress, shall within 2 years after the date of the en-
actment of this section, develop and certify a tech-
nology standard that can be used to verify the iden-
tity of persons applying for a United States visa or
such persons seeking to enter the United States pur-
suant to a visa for the purposes of conducting back-
ground checks, confirming identity, and ensuring
that a person has not received a visa under a dif-
ferent name or such person seeking to enter the
United States pursuant 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
191
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 the enactment of this Act, and every 2
years thereafter, the Attorney General and the Sec-
retary of State shall jointly, in consultation with the
Secretary of Treasury, report to Congress describing
the development, implementation, efficacy, and pri-
vacy implications of the technology standard and
electronic database system described in this sub-
section.
(5) FUNDING.—There is authorized to be ap-
propriated to the Secretary of State, the Attorney
192
General, and the Director of the National Institute
of Standards and Technology such sums as may be
necessary to carry out the provisions of this sub-
section.
(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-
193
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
PORTS 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 from the United States by that
person.
194
(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
195
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)’’;
196
(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
197
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 clause (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
198
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 clause (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-
199
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 clause (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
200
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 the organiza-
tion engages in the activities described
in subclause (I), (II), or (III) of
clause (iv), or that the organization
provides material support to further
terrorist activity; or
201
‘‘(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
202
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 the en-
actment 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 the enactment of this Act (except
203
for proceedings in which there has been a final ad-
ministrative decision before such date) as if such
proceedings 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) of
such Act (as so amended).
(B) 
STATUTORY
CONSTRUCTION.—Sub-
paragraph (A) shall not be construed to prevent
204
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)
of such Act (as so amended); 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)
of such Act (as so amended).
(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
the enactment of this Act upon the recommendation
of a consular officer who has concluded that there
205
is not reasonable ground to believe that the alien
knew or reasonably should have known that the ac-
tions 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
206
relevant committees of the House of Rep-
resentatives and the Senate, in writing, of
the intent to designate an organization
under this subsection, together with the
findings made under paragraph (1) with
respect to that organization, and the fac-
tual 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-
207
evant circumstances described in paragraph (1) still
exist. Any redesignation shall be effective imme-
diately following the end of the prior 2-year designa-
tion or redesignation period unless a different effec-
tive date is provided in such redesignation.’’;
(8) in paragraph (6)(A)—
(A) by inserting ‘‘or a redesignation made
under paragraph (4)(B)’’ after ‘‘paragraph
(1)’’;
(B) in clause (i)—
(i) by inserting ‘‘or redesignation’’
after ‘‘designation’’ the first place it ap-
pears; and
(ii) by striking ‘‘of the designation’’;
and
(C) in clause (ii), by striking ‘‘of the des-
ignation’’;
(9) in paragraph (6)(B)—
(A) by striking ‘‘through (4)’’ and insert-
ing ‘‘and (3)’’; and
(B) by inserting at the end the following
new sentence: ‘‘Any revocation shall take effect
on the date specified in the revocation or upon
publication in the Federal Register if no effec-
tive date is specified.’’;
208
(10) in paragraph (7), by inserting ‘‘, or the
revocation of a redesignation under paragraph (6),’’
after ‘‘paragraph (5) or (6)’’; and
(11) in paragraph (8)—
(A) by striking ‘‘paragraph (1)(B)’’ and
inserting ‘‘paragraph (2)(B), or if a redesigna-
tion under this subsection has become effective
under paragraph (4)(B)’’;
(B) by inserting ‘‘or an alien in a removal
proceeding’’ after ‘‘criminal action’’; and
(C) by inserting ‘‘or redesignation’’ before
‘‘as a defense’’.
SEC. 412. MANDATORY DETENTION OF SUSPECTED TER-
RORISTS; HABEAS CORPUS; JUDICIAL RE-
VIEW.
(a) IN GENERAL.—The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended by inserting after
section 236 the following:
‘‘MANDATORY DETENTION OF SUSPECTED TERRORISTS;
HABEAS CORPUS; JUDICIAL REVIEW
‘‘SEC. 236A. (a) DETENTION
OF
TERRORIST
ALIENS.—
‘‘(1) CUSTODY.—The Attorney General shall
take into custody any alien who is certified under
paragraph (3).
209
‘‘(2) RELEASE.—Except as provided in para-
graphs (5) and (6), the Attorney General shall main-
tain custody of such an alien until the alien is re-
moved from the United States. Except as provided
in paragraph (6), such custody shall be maintained
irrespective of any relief from removal for which the
alien may be eligible, or any relief from removal
granted the alien, until the Attorney General deter-
mines that the alien is no longer an alien who may
be certified under paragraph (3). If the alien is fi-
nally determined not to be removable, detention pur-
suant to this subsection shall terminate.
‘‘(3) CERTIFICATION.—The Attorney General
may certify an alien under this paragraph if the At-
torney General has reasonable grounds to believe
that the alien—
‘‘(A) 
is 
described 
in 
section
212(a)(3)(A)(i), 
212(a)(3)(A)(iii),
212(a)(3)(B), 
237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or
‘‘(B) is engaged in any other activity that
endangers the national security of the United
States.
‘‘(4) NONDELEGATION.—The Attorney General
may delegate the authority provided under para-
210
graph (3) only to the Deputy Attorney General. The
Deputy Attorney General may not delegate such au-
thority.
‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The
Attorney General shall place an alien detained under
paragraph (1) in removal proceedings, or shall
charge the alien with a criminal offense, not later
than 7 days after the commencement of such deten-
tion. If the requirement of the preceding sentence is
not satisfied, the Attorney General shall release the
alien.
‘‘(6) LIMITATION
ON
INDEFINITE
DETEN-
TION.—An alien detained solely under paragraph (1)
who 
has 
not 
been 
removed 
under 
section
241(a)(1)(A), and whose removal is unlikely in the
reasonably foreseeable future, may be detained for
additional periods of up to six months only if the re-
lease of the alien will threaten the national security
of the United States or the safety of the community
or any person.
‘‘(7) REVIEW OF CERTIFICATION.—The Attor-
ney General shall review the certification made
under paragraph (3) every 6 months. If the Attorney
General determines, in the Attorney General’s dis-
cretion, that the certification should be revoked, the
211
alien may be released on such conditions as the At-
torney General deems appropriate, unless such re-
lease is otherwise prohibited by law. The alien may
request each 6 months in writing that the Attorney
General reconsider the certification and may submit
documents or other evidence in support of that re-
quest.
‘‘(b) HABEAS CORPUS AND JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—Judicial review of any ac-
tion or decision relating to this section (including ju-
dicial review of the merits of a determination made
under subsection (a)(3) or (a)(6)) is available exclu-
sively in habeas corpus proceedings consistent with
this subsection. Except as provided in the preceding
sentence, no court shall have jurisdiction to review,
by habeas corpus petition or otherwise, any such ac-
tion or decision.
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law, including section
2241(a) of title 28, United States Code, habeas
corpus proceedings described in paragraph (1)
may be initiated only by an application filed
with—
‘‘(i) the Supreme Court;
212
‘‘(ii) any justice of the Supreme
Court;
‘‘(iii) any circuit judge of the United
States Court of Appeals for the District of
Columbia Circuit; or
‘‘(iv) any district court otherwise hav-
ing jurisdiction to entertain it.
‘‘(B) APPLICATION
TRANSFER.—Section
2241(b) of title 28, United States Code, shall
apply to an application for a writ of habeas cor-
pus described in subparagraph (A).
‘‘(3) APPEALS.—Notwithstanding any other
provision of law, including section 2253 of title 28,
in habeas corpus proceedings described in paragraph
(1) before a circuit or district judge, the final order
shall be subject to review, on appeal, by the United
States Court of Appeals for the District of Columbia
Circuit. There shall be no right of appeal in such
proceedings to any other circuit court of appeals.
‘‘(4) RULE OF DECISION.—The law applied by
the Supreme Court and the United States Court of
Appeals for the District of Columbia Circuit shall be
regarded as the rule of decision in habeas corpus
proceedings described in paragraph (1).
213
‘‘(c) STATUTORY CONSTRUCTION.—The provisions of
this section shall not be applicable to any other provision
of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 236 the following:
‘‘Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial
review.’’.
(c) REPORTS.—Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter, the Attorney General shall submit a report to
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of the
Senate, with respect to the reporting period, on—
(1) the number of aliens certified under section
236A(a)(3) of the Immigration and Nationality Act,
as added by subsection (a);
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so
certified; and
(5) the number of aliens so certified who—
(A) were granted any form of relief from
removal;
(B) were removed;
214
(C) the Attorney General has determined
are no longer aliens who may be so certified; or
(D) were released from detention.
SEC. 413. MULTILATERAL COOPERATION AGAINST TERROR-
ISTS.
Section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)) is amended—
(1) by striking ‘‘except that in the discretion
of’’ and inserting the following: ‘‘except that—
‘‘(1) in the discretion of’’; and
(2) by adding at the end the following:
‘‘(2) the Secretary of State, in the Secretary’s
discretion and on the basis of reciprocity, may pro-
vide to a foreign government information in the De-
partment of State’s computerized visa lookout data-
base and, when necessary and appropriate, other
records covered by this section related to informa-
tion in the database—
‘‘(A) with regard to individual aliens, at
any time on a case-by-case basis for the pur-
pose of preventing, investigating, or punishing
acts that would constitute a crime in the United
States, including, but not limited to, terrorism
or trafficking in controlled substances, persons,
or illicit weapons; or
215
‘‘(B) with regard to any or all aliens in the
database, pursuant to such conditions as the
Secretary of State shall establish in an agree-
ment with the foreign government in which that
government agrees to use such information and
records for the purposes described in subpara-
graph (A) or to deny visas to persons who
would be inadmissible to the United States.’’.
SEC. 414. VISA INTEGRITY AND SECURITY.
(a) SENSE OF CONGRESS REGARDING THE NEED TO
EXPEDITE IMPLEMENTATION
OF INTEGRATED ENTRY
AND EXIT DATA SYSTEM.—
(1) SENSE OF CONGRESS.—In light of the ter-
rorist attacks perpetrated against the United States
on September 11, 2001, it is the sense of the Con-
gress that—
(A) the Attorney General, in consultation
with the Secretary of State, should fully imple-
ment the integrated entry and exit data system
for airports, seaports, and land border ports of
entry, as specified in section 110 of the Illegal
Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1365a), with all
deliberate speed and as expeditiously as prac-
ticable; and
216
(B) the Attorney General, in consultation
with the Secretary of State, the Secretary of
Commerce, the Secretary of the Treasury, and
the Office of Homeland Security, should imme-
diately begin establishing the Integrated Entry
and Exit Data System Task Force, as described
in section 3 of the Immigration and Naturaliza-
tion Service Data Management Improvement
Act of 2000 (Public Law 106–215).
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated such sums as
may be necessary to fully implement the system de-
scribed in paragraph (1)(A).
(b) DEVELOPMENT OF THE SYSTEM.—In the devel-
opment of the integrated entry and exit data system under
section 110 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1365a), the
Attorney General and the Secretary of State shall particu-
larly focus on—
(1) the utilization of biometric technology; and
(2) the development of tamper-resistant docu-
ments readable at ports of entry.
(c) INTERFACE WITH LAW ENFORCEMENT DATA-
BASES.—The entry and exit data system described in this
section shall be able to interface with law enforcement
217
databases for use by Federal law enforcement to identify
and detain individuals who pose a threat to the national
security of the United States.
(d) REPORT
ON SCREENING INFORMATION.—Not
later than 12 months after the date of enactment of this
Act, the Office of Homeland Security shall submit a report
to Congress on the information that is needed from any
United States agency to effectively screen visa applicants
and applicants for admission to the United States to iden-
tify those affiliated with terrorist organizations or those
that pose any threat to the safety or security of the United
States, including the type of information currently re-
ceived by United States agencies and the regularity with
which such information is transmitted to the Secretary of
State and the Attorney General.
SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECU-
RITY ON ENTRY-EXIT TASK FORCE.
Section 3 of the Immigration and Naturalization
Service Data Management Improvement Act of 2000
(Public Law 106–215) is amended by striking ‘‘and the
Secretary of the Treasury,’’ and inserting ‘‘the Secretary
of the Treasury, and the Office of Homeland Security’’.
SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.
(a) FULL IMPLEMENTATION
AND EXPANSION
OF
FOREIGN STUDENT VISA MONITORING PROGRAM RE-
218
QUIRED.—The Attorney General, in consultation with the
Secretary of State, shall fully implement and expand the
program established by section 641(a) of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(a)).
(b) INTEGRATION WITH PORT OF ENTRY INFORMA-
TION.—For each alien with respect to whom information
is collected under section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372), the Attorney General, in consultation with
the Secretary of State, shall include information on the
date of entry and port of entry.
(c) EXPANSION OF SYSTEM TO INCLUDE OTHER AP-
PROVED EDUCATIONAL INSTITUTIONS.—Section 641 of
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C.1372) is amended—
(1) in subsection (a)(1), subsection (c)(4)(A),
and subsection (d)(1) (in the text above subpara-
graph (A)), by inserting ‘‘, other approved edu-
cational institutions,’’ after ‘‘higher education’’ each
place it appears;
(2) in subsections (c)(1)(C), (c)(1)(D), and
(d)(1)(A), by inserting ‘‘, or other approved edu-
cational institution,’’ after ‘‘higher education’’ each
place it appears;
219
(3) in subsections (d)(2), (e)(1), and (e)(2), by
inserting ‘‘, other approved educational institution,’’
after ‘‘higher education’’ each place it appears; and
(4) in subsection (h), by adding at the end the
following new paragraph:
‘‘(3) OTHER APPROVED EDUCATIONAL INSTITU-
TION.—The term ‘other approved educational insti-
tution’ includes any air flight school, language train-
ing school, or vocational school, approved by the At-
torney General, in consultation with the Secretary of
Education and the Secretary of State, under sub-
paragraph (F), (J), or (M) of section 101(a)(15) of
the Immigration and Nationality Act.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Department of Jus-
tice $36,800,000 for the period beginning on the date of
enactment of this Act and ending on January 1, 2003,
to fully implement and expand prior to January 1, 2003,
the program established by section 641(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372(a)).
SEC. 417. MACHINE READABLE PASSPORTS.
(a) AUDITS.—The Secretary of State shall, each fis-
cal year until September 30, 2007—
220
(1) perform annual audits of the implementa-
tion of section 217(c)(2)(B) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(2)(B));
(2) check for the implementation of pre-
cautionary measures to prevent the counterfeiting
and theft of passports; and
(3) ascertain that countries designated under
the visa waiver program have established a program
to develop tamper-resistant passports.
(b) PERIODIC REPORTS.—Beginning one year after
the date of enactment of this Act, and every year there-
after until 2007, the Secretary of State shall submit a re-
port to Congress setting forth the findings of the most
recent audit conducted under subsection (a)(1).
(c) ADVANCING DEADLINE FOR SATISFACTION OF
REQUIREMENT.—Section 217(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1187(a)(3)) is amended by
striking ‘‘2007’’ and inserting ‘‘2003’’.
(d) WAIVER.—Section 217(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1187(a)(3)) is amended—
(1) by striking ‘‘On or after’’ and inserting the
following:
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), on or after’’; and
(2) by adding at the end the following:
221
‘‘(B) LIMITED WAIVER AUTHORITY.—For
the period beginning October 1, 2003, and end-
ing September 30, 2007, the Secretary of State
may waive the requirement of subparagraph (A)
with respect to nationals of a program country
(as designated under subsection (c)), if the Sec-
retary of State finds that the program
country—
‘‘(i) is making progress toward ensur-
ing that passports meeting the requirement
of subparagraph (A) are generally available
to its nationals; and
‘‘(ii) has taken appropriate measures
to protect against misuse of passports the
country has issued that do not meet the re-
quirement of subparagraph (A).’’.
SEC. 418. PREVENTION OF CONSULATE SHOPPING.
(a) REVIEW.—The Secretary of State shall review
how consular officers issue visas to determine if consular
shopping is a problem.
(b) ACTIONS TO BE TAKEN.—If the Secretary of
State determines under subsection (a) that consular shop-
ping is a problem, the Secretary shall take steps to address
the problem and shall submit a report to Congress describ-
ing what action was taken.
222
Subtitle C—Preservation of Immi-
gration Benefits for Victims of
Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL.—For purposes of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), the Attorney
General may provide an alien described in subsection (b)
with the status of a special immigrant under section
101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the
alien—
(1) files with the Attorney General a petition
under section 204 of such Act (8 U.S.C. 1154) for
classification under section 203(b)(4) of such Act (8
U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility, the grounds for inadmissibility speci-
fied in section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)) shall not apply.
(b) ALIENS DESCRIBED.—
(1) PRINCIPAL ALIENS.—An alien is described
in this subsection if—
(A) the alien was the beneficiary of—
223
(i) a petition that was filed with the
Attorney General on or before September
11, 2001—
(I) under section 204 of the Im-
migration and Nationality Act (8
U.S.C. 1154) to classify the alien as
a family-sponsored immigrant under
section 203(a) of such Act (8 U.S.C.
1153(a)) or as an employment-based
immigrant under section 203(b) of
such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8
U.S.C. 1184(d)) of such Act to au-
thorize 
the 
issuance 
of 
a 
non-
immigrant visa to the alien under sec-
tion 101(a)(15)(K) of such Act (8
U.S.C. 1101(a)(15)(K)); or
(ii) an application for labor certifi-
cation under section 212(a)(5)(A) of such
Act (8 U.S.C. 1182(a)(5)(A)) that was
filed under regulations of the Secretary of
Labor on or before such date; and
(B) such petition or application was re-
voked or terminated (or otherwise rendered
null), either before or after its approval, due to
224
a specified terrorist activity that directly re-
sulted in—
(i) the death or disability of the peti-
tioner, applicant, or alien beneficiary; or
(ii) loss of employment due to physical
damage to, or destruction of, the business
of the petitioner or applicant.
(2) SPOUSES AND CHILDREN.—
(A) IN GENERAL.—An alien is described in
this subsection if—
(i) the alien was, on September 10,
2001, the spouse or child of a principal
alien described in paragraph (1); and
(ii) the alien—
(I) is accompanying such 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.
225
(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.
226
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
227
(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
228
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—
229
(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.—
230
(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
231
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) or (3), the alien shall be counted as
a diversity immigrant for fiscal year 2001 for pur-
poses of section 201(e) of the Immigration and Na-
tionality Act (8 U.S.C. 1151(e)), unless the world-
wide level under such section for such year has been
exceeded, in which case the alien shall be counted as
a diversity immigrant for fiscal year 2002.
(3) TREATMENT OF FAMILY MEMBERS OF 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, until June 30, 2002, if not otherwise en-
titled to an immigrant status and the immediate
232
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 as if the prin-
cipal alien were not deceased and as if the spouse
or child’s visa application had been adjudicated by
September 30, 2001.
(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
233
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.
234
(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-
235
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
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
236
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)).
(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
237
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,
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.—
238
(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—
(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-
239
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
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—
240
(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
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.
241
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-
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.
242
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;
(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
243
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)—
(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:
244
‘‘(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:
‘‘(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).
245
‘‘(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
‘‘(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-
246
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.
‘‘(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
247
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
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
248
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-
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
249
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)—
(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-
250
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
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.’’.
251
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.
‘‘(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-
252
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-
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
253
‘‘(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).
‘‘(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-
254
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-
tion to a court of competent jurisdiction for an ex
parte order requiring the Secretary to permit the At-
torney General (or his designee) to—
‘‘(A) collect reports, records, and informa-
tion (including individually identifiable informa-
tion) in the possession of the center that are
relevant to an authorized investigation or pros-
ecution 
of 
an 
offense 
listed 
in 
section
255
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 information, consistent with such guide-
lines as the Attorney General, after consultation
with the Secretary, shall issue to protect con-
fidentiality.
‘‘(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 information sought is described in
paragraph (1)(A).
‘‘(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.—An officer or employee
of the Department who, in good faith, produces
information in accordance with an order issued
256
under this subsection does not violate sub-
section (b)(2) and shall not be liable to any per-
son for that production.’’.
TITLE VI—PROVIDING FOR VIC-
TIMS OF TERRORISM, PUBLIC
SAFETY 
OFFICERS, 
AND
THEIR FAMILIES
Subtitle A—Aid to Families of
Public Safety Officers
SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFI-
CERS INVOLVED IN THE PREVENTION, INVES-
TIGATION, RESCUE, OR RECOVERY EFFORTS
RELATED TO A TERRORIST ATTACK.
(a) IN GENERAL.—Notwithstanding the limitations
of subsection (b) of section 1201 or the provisions of sub-
sections (c), (d), and (e) of such section or section 1202
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796, 3796a), upon certification
(containing identification of all eligible payees of benefits
pursuant to section 1201 of such Act) by a public agency
that a public safety officer employed by such agency was
killed or suffered a catastrophic injury producing perma-
nent and total disability as a direct and proximate result
of a personal injury sustained in the line of duty as de-
scribed in section 1201 of such Act in connection with pre-
257
vention, investigation, rescue, or recovery efforts related
to a terrorist attack, the Director of the Bureau of Justice
Assistance shall authorize payment to qualified bene-
ficiaries, said payment to be made not later than 30 days
after receipt of such certification, benefits described under
subpart 1 of part L of such Act (42 U.S.C. 3796 et seq.).
(b) DEFINITIONS.—For purposes of this section, the
terms ‘‘catastrophic injury’’, ‘‘public agency’’, and ‘‘public
safety officer’’ have the same meanings given such terms
in section 1204 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b).
SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EX-
PEDITED PAYMENTS FOR HEROIC PUBLIC
SAFETY OFFICERS.
Section 1 of Public Law 107-37 (an Act to provide
for the expedited payment of certain benefits for a public
safety officer who was killed or suffered a catastrophic in-
jury as a direct and proximate result of a personal injury
sustained in the line of duty in connection with the ter-
rorist attacks of September 11, 2001) is amended by—
(1) inserting before ‘‘by a’’ the following: ‘‘(con-
taining identification of all eligible payees of benefits
pursuant to section 1201)’’;
258
(2) inserting ‘‘producing permanent and total
disability’’ after ‘‘suffered a catastrophic injury’’;
and
(3) striking ‘‘1201(a)’’ and inserting ‘‘1201’’.
SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM
PAYMENT INCREASE.
(a) PAYMENTS.—Section 1201(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796) is amended by striking ‘‘$100,000’’ and inserting
‘‘$250,000’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to any death or disability occurring
on or after January 1, 2001.
SEC. 614. OFFICE OF JUSTICE PROGRAMS.
Section 112 of title I of section 101(b) of division
A of Public Law 105–277 and section 108(a) of appendix
A of Public Law 106–113 (113 Stat. 1501A–20) are
amended—
(1) after ‘‘that Office’’, each place it occurs, by
inserting ‘‘(including, notwithstanding any contrary
provision of law (unless the same should expressly
refer to this section), any organization that admin-
isters any program established in title 1 of Public
Law 90–351)’’; and
259
(2) by inserting ‘‘functions, including any’’
after ‘‘all’’.
Subtitle B—Amendments to the
Victims of Crime Act of 1984
SEC. 621. CRIME VICTIMS FUND.
(a) DEPOSIT
OF GIFTS
IN
THE FUND.—Section
1402(b) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(b)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the
end;
(2) in paragraph (4), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) any gifts, bequests, or donations to the
Fund from private entities or individuals.’’.
(b) FORMULA FOR FUND DISTRIBUTIONS.—Section
1402(c) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(c)) is amended to read as follows:
‘‘(c) FUND DISTRIBUTION; RETENTION OF SUMS IN
FUND; AVAILABILITY FOR EXPENDITURE WITHOUT FIS-
CAL YEAR LIMITATION.—
‘‘(1) Subject to the availability of money in the
Fund, in each fiscal year, beginning with fiscal year
2003, the Director shall distribute not less than 90
percent nor more than 110 percent of the amount
260
distributed from the Fund in the previous fiscal
year, except the Director may distribute up to 120
percent of the amount distributed in the previous
fiscal year in any fiscal year that the total amount
available in the Fund is more than 2 times the
amount distributed in the previous fiscal year.
‘‘(2) In each fiscal year, the Director shall dis-
tribute amounts from the Fund in accordance with
subsection (d). All sums not distributed during a fis-
cal year shall remain in reserve in the Fund to be
distributed during a subsequent fiscal year. Notwith-
standing any other provision of law, all sums depos-
ited in the Fund that are not distributed shall re-
main in reserve in the Fund for obligation in future
fiscal years, without fiscal year limitation.’’.
(c) ALLOCATION
OF
FUNDS
FOR
COSTS
AND
GRANTS.—Section 1402(d)(4) of the Victims of Crime Act
of 1984 (42 U.S.C. 10601(d)(4)) is amended—
(1) by striking ‘‘deposited in’’ and inserting ‘‘to
be distributed from’’;
(2) in subparagraph (A), by striking ‘‘48.5’’
and inserting ‘‘47.5’’;
(3) in subparagraph (B), by striking ‘‘48.5’’
and inserting ‘‘47.5’’; and
261
(4) in subparagraph (C), by striking ‘‘3’’ and
inserting ‘‘5’’.
(d) ANTITERRORISM EMERGENCY RESERVE.—Sec-
tion 1402(d)(5) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)(5)) is amended to read as follows:
‘‘(5)(A) In addition to the amounts distributed
under paragraphs (2), (3), and (4), the Director
may set aside up to $50,000,000 from the amounts
transferred to the Fund in response to the airplane
hijackings and terrorist acts that occurred on Sep-
tember 11, 2001, as an antiterrorism emergency re-
serve. The Director may replenish any amounts ex-
pended from such reserve in subsequent fiscal years
by setting aside up to 5 percent of the amounts re-
maining in the Fund in any fiscal year after distrib-
uting amounts under paragraphs (2), (3) and (4).
Such reserve shall not exceed $50,000,000.
‘‘(B) The antiterrorism emergency reserve re-
ferred to in subparagraph (A) may be used for sup-
plemental grants under section 1404B and to pro-
vide compensation to victims of international ter-
rorism under section 1404C.
‘‘(C) Amounts in the antiterrorism emergency
reserve established pursuant to subparagraph (A)
may be carried over from fiscal year to fiscal year.
262
Notwithstanding subsection (c) and section 619 of
the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations
Act, 2001 (and any similar limitation on Fund obli-
gations in any future Act, unless the same should
expressly refer to this section), any such amounts
carried over shall not be subject to any limitation on
obligations from amounts deposited to or available in
the Fund.’’.
(e) VICTIMS OF SEPTEMBER 11, 2001.—Amounts
transferred to the Crime Victims Fund for use in respond-
ing to the airplane hijackings and terrorist acts (including
any related search, rescue, relief, assistance, or other simi-
lar activities) that occurred on September 11, 2001, shall
not be subject to any limitation on obligations from
amounts deposited to or available in the Fund,
notwithstanding—
(1) section 619 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriations Act, 2001, and any
similar limitation on Fund obligations in such Act
for Fiscal Year 2002; and
(2) subsections (c) and (d) of section 1402 of
the Victims of Crime Act of 1984 (42 U.S.C.
10601).
263
SEC. 622. CRIME VICTIM COMPENSATION.
(a) ALLOCATION
OF FUNDS
FOR COMPENSATION
AND ASSISTANCE.—Paragraphs (1) and (2) of section
1403(a) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(a)) are amended by inserting ‘‘in fiscal year 2002
and of 60 percent in subsequent fiscal years’’ after ‘‘40
percent’’.
(b) LOCATION OF COMPENSABLE CRIME.—Section
1403(b)(6)(B) of the Victims of Crime Act of 1984 (42
U.S.C. 10602(b)(6)(B)) is amended by striking ‘‘are out-
side the United States (if the compensable crime is ter-
rorism, as defined in section 2331 of title 18), or’’.
(c) RELATIONSHIP OF CRIME VICTIM COMPENSA-
TION
TO
MEANS-TESTED
FEDERAL
BENEFIT
PRO-
GRAMS.—Section 1403 of the Victims of Crime Act of
1984 (42 U.S.C. 10602) is amended by striking subsection
(c) and inserting the following:
‘‘(c) EXCLUSION FROM INCOME, RESOURCES, AND
ASSETS
FOR PURPOSES
OF MEANS TESTS.—Notwith-
standing any other law (other than title IV of Public Law
107–42), for the purpose of any maximum allowed income,
resource, or asset eligibility requirement in any Federal,
State, or local government program using Federal funds
that provides medical or other assistance (or payment or
reimbursement of the cost of such assistance), any amount
of crime victim compensation that the applicant receives
264
through a crime victim compensation program under this
section shall not be included in the income, resources, or
assets of the applicant, nor shall that amount reduce the
amount of the assistance available to the applicant from
Federal, State, or local government programs using Fed-
eral funds, unless the total amount of assistance that the
applicant receives from all such programs is sufficient to
fully compensate the applicant for losses suffered as a re-
sult of the crime.’’.
(d) DEFINITIONS OF ‘‘COMPENSABLE CRIME’’ AND
‘‘STATE’’.—Section 1403(d) of the Victims of Crime Act
of 1984 (42 U.S.C. 10602(d)) is amended—
(1) in paragraph (3), by striking ‘‘crimes in-
volving terrorism,’’; and
(2) in paragraph (4), by inserting ‘‘the United
States Virgin Islands,’’ after ‘‘the Commonwealth of
Puerto Rico,’’.
(e) RELATIONSHIP OF ELIGIBLE CRIME VICTIM COM-
PENSATION PROGRAMS TO THE SEPTEMBER 11TH VICTIM
COMPENSATION FUND.—
(1) IN GENERAL.—Section 1403(e) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10602(e)) is
amended by inserting ‘‘including the program estab-
lished under title IV of Public Law 107–42,’’ after
‘‘Federal program,’’.
265
(2) COMPENSATION.—With respect to any com-
pensation payable under title IV of Public Law 107–
42, the failure of a crime victim compensation pro-
gram, after the effective date of final regulations
issued pursuant to section 407 of Public Law 107–
42, to provide compensation otherwise required pur-
suant to section 1403 of the Victims of Crime Act
of 1984 (42 U.S.C. 10602) shall not render that
program ineligible for future grants under the Vic-
tims of Crime Act of 1984.
SEC. 623. CRIME VICTIM ASSISTANCE.
(a) ASSISTANCE FOR VICTIMS IN THE DISTRICT OF
COLUMBIA, PUERTO RICO, AND OTHER TERRITORIES
AND POSSESSIONS.—Section 1404(a) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(a)) is amended by
adding at the end the following:
‘‘(6) An agency of the Federal Government per-
forming local law enforcement functions in and on
behalf of the District of Columbia, the Common-
wealth of Puerto Rico, the United States Virgin Is-
lands, or any other territory or possession of the
United States may qualify as an eligible crime victim
assistance program for the purpose of grants under
this subsection, or for the purpose of grants under
subsection (c)(1).’’.
266
(b) PROHIBITION ON DISCRIMINATION AGAINST CER-
TAIN VICTIMS.—Section 1404(b)(1) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)(1)) is amended—
(1) in subparagraph (D), by striking ‘‘and’’ at
the end;
(2) in subparagraph (E), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) does not discriminate against victims
because they disagree with the way the State is
prosecuting the criminal case.’’.
(c) GRANTS FOR PROGRAM EVALUATION AND COM-
PLIANCE EFFORTS.—Section 1404(c)(1)(A) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10603(c)(1)(A))
is amended by inserting ‘‘, program evaluation, compliance
efforts,’’ after ‘‘demonstration projects’’.
(d) ALLOCATION OF DISCRETIONARY GRANTS.—Sec-
tion 1404(c)(2) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘not more
than’’ and inserting ‘‘not less than’’; and
(2) in subparagraph (B), by striking ‘‘not less
than’’ and inserting ‘‘not more than’’.
267
(e) FELLOWSHIPS AND CLINICAL INTERNSHIPS.—
Section 1404(c)(3) of the Victims of Crime Act of 1984
(42 U.S.C. 10603(c)(3)) is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at
the end;
(2) in subparagraph (D), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) use funds made available to the Di-
rector under this subsection—
‘‘(i) for fellowships and clinical intern-
ships; and
‘‘(ii) to carry out programs of training
and special workshops for the presentation
and dissemination of information resulting
from demonstrations, surveys, and special
projects.’’.
SEC. 624. VICTIMS OF TERRORISM.
(a) COMPENSATION AND ASSISTANCE TO VICTIMS OF
DOMESTIC TERRORISM.—Section 1404B(b) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended
to read as follows:
‘‘(b) VICTIMS OF TERRORISM WITHIN THE UNITED
STATES.—The Director may make supplemental grants as
provided in section 1402(d)(5) to States for eligible crime
268
victim compensation and assistance programs, and to vic-
tim service organizations, public agencies (including Fed-
eral, State, or local governments) and nongovernmental
organizations that provide assistance to victims of crime,
which shall be used to provide emergency relief, including
crisis response efforts, assistance, compensation, training
and technical assistance, and ongoing assistance, including
during any investigation or prosecution, to victims of ter-
rorist acts or mass violence occurring within the United
States.’’.
(b) ASSISTANCE
TO VICTIMS
OF INTERNATIONAL
TERRORISM.—Section 1404B(a)(1) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603b(a)(1)) is amended
by striking ‘‘who are not persons eligible for compensation
under title VIII of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986’’.
(c) COMPENSATION TO VICTIMS OF INTERNATIONAL
TERRORISM.—Section 1404C(b) of the Victims of Crime
of 1984 (42 U.S.C. 10603c(b)) is amended by adding at
the end the following: ‘‘The amount of compensation
awarded to a victim under this subsection shall be reduced
by any amount that the victim received in connection with
the same act of international terrorism under title VIII
of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986.’’.
269
TITLE VII—INCREASED INFOR-
MATION SHARING FOR CRIT-
ICAL INFRASTRUCTURE PRO-
TECTION
SEC. 701. EXPANSION OF REGIONAL INFORMATION SHAR-
ING SYSTEM TO FACILITATE FEDERAL-STATE-
LOCAL LAW ENFORCEMENT RESPONSE RE-
LATED TO TERRORIST ATTACKS.
Section 1301 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796h) is
amended—
(1) in subsection (a), by inserting ‘‘and ter-
rorist conspiracies and activities’’ after ‘‘activities’’;
(2) in subsection (b)—
(A) in paragraph (3), by striking ‘‘and’’
after the semicolon;
(B) by redesignating paragraph (4) as
paragraph (5);
(C) by inserting after paragraph (3) the
following:
‘‘(4) establishing and operating secure informa-
tion sharing systems to enhance the investigation
and prosecution abilities of participating enforce-
ment agencies in addressing multi-jurisdictional ter-
rorist conspiracies and activities; and (5)’’; and
270
(3) by inserting at the end the following:
‘‘(d) AUTHORIZATION OF APPROPRIATION TO THE
BUREAU OF JUSTICE ASSISTANCE.—There are authorized
to be appropriated to the Bureau of Justice Assistance
to carry out this section $50,000,000 for fiscal year 2002
and $100,000,000 for fiscal year 2003.’’.
TITLE 
VIII—STRENGTHENING
THE 
CRIMINAL 
LAWS
AGAINST TERRORISM
SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIO-
LENCE 
AGAINST 
MASS 
TRANSPORTATION
SYSTEMS.
Chapter 97 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘§ 1993. Terrorist attacks and other acts of violence
against mass transportation systems
‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—
‘‘(1) wrecks, derails, sets fire to, or disables a
mass transportation vehicle or ferry;
‘‘(2) places or causes to be placed any biological
agent or toxin for use as a weapon, destructive sub-
stance, or destructive device in, upon, or near a
mass transportation vehicle or ferry, without pre-
viously obtaining the permission of the mass trans-
portation provider, and with intent to endanger the
271
safety of any passenger or employee of the mass
transportation provider, or with a reckless disregard
for the safety of human life;
‘‘(3) sets fire to, or places any biological agent
or toxin for use as a weapon, destructive substance,
or destructive device in, upon, or near any garage,
terminal, structure, supply, or facility used in the
operation of, or in support of the operation of, a
mass transportation vehicle or ferry, without pre-
viously obtaining the permission of the mass trans-
portation provider, and knowing or having reason to
know such activity would likely derail, disable, or
wreck a mass transportation vehicle or ferry used,
operated, or employed by the mass transportation
provider;
‘‘(4) removes appurtenances from, damages, or
otherwise impairs the operation of a mass transpor-
tation signal system, including a train control sys-
tem, centralized dispatching system, or rail grade
crossing warning signal without authorization from
the mass transportation provider;
‘‘(5) interferes with, disables, or incapacitates
any dispatcher, driver, captain, or person while they
are employed in dispatching, operating, or maintain-
ing a mass transportation vehicle or ferry, with in-
272
tent to endanger the safety of any passenger or em-
ployee of the mass transportation provider, or with
a reckless disregard for the safety of human life;
‘‘(6) commits an act, including the use of a
dangerous weapon, with the intent to cause death or
serious bodily injury to an employee or passenger of
a mass transportation provider or any other person
while any of the foregoing are on the property of a
mass transportation provider;
‘‘(7) conveys or causes to be conveyed false in-
formation, knowing the information to be false, con-
cerning an attempt or alleged attempt being made or
to be made, to do any act which would be a crime
prohibited by this subsection; or
‘‘(8) attempts, threatens, or conspires to do any
of the aforesaid acts,
shall be fined under this title or imprisoned not more than
twenty years, or both, if such act is committed, or in the
case of a threat or conspiracy such act would be com-
mitted, on, against, or affecting a mass transportation
provider engaged in or affecting interstate or foreign com-
merce, or if in the course of committing such act, that
person travels or communicates across a State line in
order to commit such act, or transports materials across
a State line in aid of the commission of such act.
273
‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an
offense under subsection (a) in a circumstance in which—
‘‘(1) the mass transportation vehicle or ferry
was carrying a passenger at the time of the offense;
or
‘‘(2) the offense has resulted in the death of
any person,
shall be guilty of an aggravated form of the offense and
shall be fined under this title or imprisoned for a term
of years or for life, or both.
‘‘(c) DEFINITIONS.—In this section—
‘‘(1) the term ‘biological agent’ has the meaning
given to that term in section 178(1) of this title;
‘‘(2) the term ‘dangerous weapon’ has the
meaning given to that term in section 930 of this
title;
‘‘(3) the term ‘destructive device’ has the mean-
ing given to that term in section 921(a)(4) of this
title;
‘‘(4) the term ‘destructive substance’ has the
meaning given to that term in section 31 of this
title;
‘‘(5) the term ‘mass transportation’ has the
meaning given to that term in section 5302(a)(7) of
title 49, United States Code, except that the term
274
shall include schoolbus, charter, and sightseeing
transportation;
‘‘(6) the term ‘serious bodily injury’ has the
meaning given to that term in section 1365 of this
title;
‘‘(7) the term ‘State’ has the meaning given to
that term in section 2266 of this title; and
‘‘(8) the term ‘toxin’ has the meaning given to
that term in section 178(2) of this title.’’.
(f) CONFORMING AMENDMENT.—The analysis of
chapter 97 of title 18, United States Code, is amended
by adding at the end:
‘‘1993. Terrorist attacks and other acts of violence against mass transportation
systems.’’.
SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
(a) DOMESTIC TERRORISM DEFINED.—Section 2331
of title 18, United States Code, is amended—
(1) in paragraph (1)(B)(iii), by striking ‘‘by as-
sassination or kidnapping’’ and inserting ‘‘by mass
destruction, assassination, or kidnapping’’;
(2) in paragraph (3), by striking ‘‘and’’;
(3) in paragraph (4), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5) the term ‘domestic terrorism’ means activi-
ties that—
275
‘‘(A) involve acts dangerous to human life
that are a violation of the criminal laws of the
United States or of any State;
‘‘(B) appear to be intended—
‘‘(i) to intimidate or coerce a civilian
population;
‘‘(ii) to influence the policy of a gov-
ernment by intimidation or coercion; or
‘‘(iii) to affect the conduct of a gov-
ernment by mass destruction, assassina-
tion, or kidnapping; and
‘‘(C) occur primarily within the territorial
jurisdiction of the United States.’’.
(b) CONFORMING AMENDMENT.—Section 3077(1) of
title 18, United States Code, is amended to read as fol-
lows:
‘‘(1) ‘act of terrorism’ means an act of domestic
or international terrorism as defined in section
2331;’’.
SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.
(a) IN GENERAL.—Chapter 113B of title 18, United
States Code, is amended by adding after section 2338 the
following new section:
276
‘‘§ 2339. Harboring or concealing terrorists
‘‘(a) Whoever harbors or conceals any person who he
knows, or has reasonable grounds to believe, has com-
mitted, or is about to commit, an offense under section
32 (relating to destruction of aircraft or aircraft facilities),
section 175 (relating to biological weapons), section 229
(relating to chemical weapons), section 831 (relating to
nuclear materials), paragraph (2) or (3) of section 844(f)
(relating to arson and bombing of government property
risking or causing injury or death), section 1366(a) (relat-
ing to the destruction of an energy facility), section 2280
(relating to violence against maritime navigation), section
2332a (relating to weapons of mass destruction), or sec-
tion 2332b (relating to acts of terrorism transcending na-
tional boundaries) of this title, section 236(a) (relating to
sabotage of nuclear facilities or fuel) of the Atomic Energy
Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relat-
ing to aircraft piracy) of title 49, shall be fined under this
title or imprisoned not more than ten years, or both.’’.
‘‘(b) A violation of this section may be prosecuted in
any Federal judicial district in which the underlying of-
fense was committed, or in any other Federal judicial dis-
trict as provided by law.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 113B of title 18, United States Code, is
277
amended by inserting after the item for section 2338 the
following:
‘‘2339. Harboring or concealing terrorists.’’.
SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S.
FACILITIES ABROAD.
Section 7 of title 18, United States Code, is amended
by adding at the end the following:
‘‘(9) With respect to offenses committed by or
against a national of the United States as that term
is used in section 101 of the Immigration and Na-
tionality Act—
‘‘(A) the premises of United States diplo-
matic, consular, military or other United States
Government missions or entities in foreign
States, including the buildings, parts of build-
ings, and land appurtenant or ancillary thereto
or used for purposes of those missions or enti-
ties, irrespective of ownership; and
‘‘(B) residences in foreign States and the
land appurtenant or ancillary thereto, irrespec-
tive of ownership, used for purposes of those
missions or entities or used by United States
personnel assigned to those missions or entities.
Nothing in this paragraph shall be deemed to super-
sede any treaty or international agreement with
which this paragraph conflicts. This paragraph does
278
not apply with respect to an offense committed by
a person described in section 3261(a) of this title.’’.
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
(a) IN GENERAL.—Section 2339A of title 18, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘, within the United
States,’’;
(B) by inserting ‘‘229,’’ after ‘‘175,’’;
(C) by inserting ‘‘1993,’’ after ‘‘1992,’’;
(D) by inserting ‘‘, section 236 of the
Atomic Energy Act of 1954 (42 U.S.C. 2284),’’
after ‘‘of this title’’;
(E) by inserting ‘‘or 60123(b)’’ after
‘‘46502’’; and
(F) by inserting at the end the following:
‘‘A violation of this section may be prosecuted
in any Federal judicial district in which the un-
derlying offense was committed, or in any other
Federal judicial district as provided by law.’’;
and
(2) in subsection (b)—
(A) by striking ‘‘or other financial securi-
ties’’ and inserting ‘‘or monetary instruments
or financial securities’’; and
279
(B) by inserting ‘‘expert advice or assist-
ance,’’ after ‘‘training,’’.
(b) 
TECHNICAL
AMENDMENT.—Section
1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ‘‘or 2339B’’ after ‘‘2339A’’.
SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is
amended by inserting at the end the following:
‘‘(G) All assets, foreign or domestic—
‘‘(i) of any individual, entity, or organiza-
tion engaged in planning or perpetrating any
act of domestic 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
with the intent and for the purpose of sup-
porting, planning, conducting, or concealing an
act of domestic or international terrorism (as
defined in section 2331) against the United
States, citizens or residents of the United
States, or their property; or
280
‘‘(iii) derived from, involved in, or used or
intended to be used to commit any act of do-
mestic or international terrorism (as defined in
section 2331) against the United States, citi-
zens or residents of the United States, or their
property.’’.
SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVI-
SION 
OF 
MATERIAL 
SUPPORT 
TO 
TER-
RORISM.
No provision of the Trade Sanctions Reform and Ex-
port Enhancement Act of 2000 (title IX of Public Law
106–387) shall be construed to limit or otherwise affect
section 2339A or 2339B of title 18, United States Code.
SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.
Section 2332b of title 18, United States Code, is
amended—
(1) in subsection (f), by inserting ‘‘and any vio-
lation of section 351(e), 844(e), 844(f)(1), 956(b),
1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of
this title,’’ before ‘‘and the Secretary’’; and
(2) in subsection (g)(5)(B), by striking clauses
(i) through (iii) and inserting the following:
‘‘(i) section 32 (relating to destruction
of aircraft or aircraft facilities), 37 (relat-
ing to violence at international airports),
281
81 (relating to arson within special mari-
time and territorial jurisdiction), 175 or
175b (relating to biological weapons), 229
(relating to chemical weapons), subsection
(a), (b), (c), or (d) of section 351 (relating
to congressional, cabinet, and Supreme
Court assassination and kidnaping), 831
(relating to nuclear materials), 842(m) or
(n) 
(relating 
to 
plastic 
explosives),
844(f)(2) or (3) (relating to arson and
bombing of Government property risking
or causing death), 844(i) (relating to arson
and bombing of property used in interstate
commerce), 930(c) (relating to killing or
attempted killing during an attack on a
Federal facility with a dangerous weapon),
956(a)(1) (relating to conspiracy to mur-
der, kidnap, or maim persons abroad),
1030(a)(1) (relating to protection of com-
puters), 1030(a)(5)(A)(i) resulting in dam-
age 
as 
defined 
in 
1030(a)(5)(B)(ii)
through (v) (relating to protection of com-
puters), 1114 (relating to killing or at-
tempted killing of officers and employees of
the United States), 1116 (relating to mur-
282
der or manslaughter of foreign officials, of-
ficial guests, or internationally protected
persons), 1203 (relating to hostage tak-
ing), 1362 (relating to destruction of com-
munication lines, stations, or systems),
1363 (relating to injury to buildings or
property within special maritime and terri-
torial jurisdiction of the United States),
1366(a) (relating to destruction of an en-
ergy facility), 1751(a), (b), (c), or (d) (re-
lating to Presidential and Presidential staff
assassination and kidnaping), 1992 (relat-
ing to wrecking trains), 1993 (relating to
terrorist attacks and other acts of violence
against 
mass 
transportation 
systems),
2155 (relating to destruction of national
defense materials, premises, or utilities),
2280 (relating to violence against maritime
navigation), 2281 (relating to violence
against maritime fixed platforms), 2332
(relating to certain homicides and other vi-
olence against United States nationals oc-
curring outside of the United States),
2332a (relating to use of weapons of mass
destruction), 2332b (relating to acts of ter-
283
rorism transcending national boundaries),
2339 (relating to harboring terrorists),
2339A (relating to providing material sup-
port to terrorists), 2339B (relating to pro-
viding material support to terrorist organi-
zations), or 2340A (relating to torture) of
this title;
‘‘(ii) section 236 (relating to sabotage
of nuclear facilities or fuel) of the Atomic
Energy Act of 1954 (42 U.S.C. 2284); or
‘‘(iii) section 46502 (relating to air-
craft piracy), the second sentence of sec-
tion 46504 (relating to assault on a flight
crew with a dangerous weapon), section
46505(b)(3) or (c) (relating to explosive or
incendiary devices, or endangerment of
human life by means of weapons, on air-
craft), section 46506 if homicide or at-
tempted homicide is involved (relating to
application of certain criminal laws to acts
on aircraft), or section 60123(b) (relating
to destruction of interstate gas or haz-
ardous liquid pipeline facility) of title 49.’’.
284
SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TER-
RORISM OFFENSES.
(a) IN GENERAL.—Section 3286 of title 18, United
States Code, is amended to read as follows:
‘‘§ 3286. Extension of statute of limitation for certain
terrorism offenses
‘‘(a) EIGHT-YEAR
LIMITATION.—Notwithstanding
section 3282, no person shall be prosecuted, tried, or pun-
ished for any noncapital offense involving a violation of
any provision listed in section 2332b(g)(5)(B), or a viola-
tion of section 112, 351(e), 1361, or 1751(e) of this title,
or section 46504, 46505, or 46506 of title 49, unless the
indictment is found or the information is instituted within
8 years after the offense was committed. Notwithstanding
the preceding sentence, offenses listed in section 3295 are
subject to the statute of limitations set forth in that sec-
tion.
‘‘(b) NO LIMITATION.—Notwithstanding any other
law, an indictment may be found or an information insti-
tuted at any time without limitation for any offense listed
in section 2332b(g)(5)(B), if the commission of such of-
fense resulted in, or created a forseeable risk of, death
or serious bodily injury to another person.’’.
(b) APPLICATION.—The amendments made by this
section shall apply to the prosecution of any offense com-
285
mitted before, on, or after the date of the enactment of
this section.
SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TER-
RORISM OFFENSES.
(a) ARSON.—Section 81 of title 18, United States
Code, is amended in the second undesignated paragraph
by striking ‘‘not more than twenty years’’ and inserting
‘‘for any term of years or for life’’.
(b) DESTRUCTION OF AN ENERGY FACILITY.—Sec-
tion 1366 of title 18, United States Code, is amended—
(1) in subsection (a), by striking ‘‘ten’’ and in-
serting ‘‘20’’; and
(2) by adding at the end the following:
‘‘(d) Whoever is convicted of a violation of subsection
(a) or (b) that has resulted in the death of any person
shall be subject to imprisonment for any term of years
or life.’’.
(c) MATERIAL SUPPORT TO TERRORISTS.—Section
2339A(a) of title 18, United States Code, is amended—
(1) by striking ‘‘10’’ and inserting ‘‘15’’; and
(2) by striking the period and inserting ‘‘, and,
if the death of any person results, shall be impris-
oned for any term of years or for life.’’.
286
(d) MATERIAL SUPPORT TO DESIGNATED FOREIGN
TERRORIST ORGANIZATIONS.—Section 2339B(a)(1) of
title 18, United States Code, is amended—
(1) by striking ‘‘10’’ and inserting ‘‘15’’; and
(2) by striking the period after ‘‘or both’’ and
inserting ‘‘, and, if the death of any person results,
shall be imprisoned for any term of years or for
life.’’.
(e) DESTRUCTION OF NATIONAL-DEFENSE MATE-
RIALS.—Section 2155(a) of title 18, United States Code,
is amended—
(1) by striking ‘‘ten’’ and inserting ‘‘20’’; and
(2) by striking the period at the end and insert-
ing ‘‘, and, if death results to any person, shall be
imprisoned for any term of years or for life.’’.
(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—
Section 236 of the Atomic Energy Act of 1954 (42 U.S.C.
2284), is amended—
(1) by striking ‘‘ten’’ each place it appears and
inserting ‘‘20’’;
(2) in subsection (a), by striking the period at
the end and inserting ‘‘, and, if death results to any
person, shall be imprisoned for any term of years or
for life.’’; and
287
(3) in subsection (b), by striking the period at
the end and inserting ‘‘, and, if death results to any
person, shall be imprisoned for any term of years or
for life.’’.
(g) SPECIAL
AIRCRAFT
JURISDICTION
OF
THE
UNITED STATES.—Section 46505(c) of title 49, United
States Code, is amended—
(1) by striking ‘‘15’’ and inserting ‘‘20’’; and
(2) by striking the period at the end and insert-
ing ‘‘, and, if death results to any person, shall be
imprisoned for any term of years or for life.’’.
(h) DAMAGING OR DESTROYING AN INTERSTATE GAS
OR HAZARDOUS LIQUID PIPELINE FACILITY.—Section
60123(b) of title 49, United States Code, is amended—
(1) by striking ‘‘15’’ and inserting ‘‘20’’; and
(2) by striking the period at the end and insert-
ing ‘‘, and, if death results to any person, shall be
imprisoned for any term of years or for life.’’.
SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.
(a) ARSON.—Section 81 of title 18, United States
Code, is amended in the first undesignated paragraph—
(1) by striking ‘‘, or attempts to set fire to or
burn’’; and
(2) by inserting ‘‘or attempts or conspires to do
such an act,’’ before ‘‘shall be imprisoned’’.
288
(b) KILLINGS
IN FEDERAL FACILITIES.—Section
930(c) of title 18, United States Code, is amended—
(1) by striking ‘‘or attempts to kill’’;
(2) by inserting ‘‘or attempts or conspires to do
such an act,’’ before ‘‘shall be punished’’; and
(3) by striking ‘‘and 1113’’ and inserting
‘‘1113, and 1117’’.
(c) COMMUNICATIONS LINES, STATIONS, OR SYS-
TEMS.—Section 1362 of title 18, United States Code, is
amended in the first undesignated paragraph—
(1) by striking ‘‘or attempts willfully or mali-
ciously to injure or destroy’’; and
(2) by inserting ‘‘or attempts or conspires to do
such an act,’’ before ‘‘shall be fined’’.
(d) BUILDINGS
OR PROPERTY WITHIN SPECIAL
MARITIME
AND TERRITORIAL JURISDICTION.—Section
1363 of title 18, United States Code, is amended—
(1) by striking ‘‘or attempts to destroy or in-
jure’’; and
(2) by inserting ‘‘or attempts or conspires to do
such an act,’’ before ‘‘shall be fined’’ the first place
it appears.
(e) WRECKING TRAINS.—Section 1992 of title 18,
United States Code, is amended by adding at the end the
following:
289
‘‘(c) A person who conspires to commit any offense
defined in this section shall be subject to the same pen-
alties (other than the penalty of death) as the penalties
prescribed for the offense, the commission of which was
the object of the conspiracy.’’.
(f) MATERIAL SUPPORT TO TERRORISTS.—Section
2339A of title 18, United States Code, is amended by in-
serting ‘‘or attempts or conspires to do such an act,’’ be-
fore ‘‘shall be fined’’.
(g) TORTURE.—Section 2340A of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(c) CONSPIRACY.—A person who conspires to com-
mit an offense under this section shall be subject to the
same penalties (other than the penalty of death) as the
penalties prescribed for the offense, the commission of
which was the object of the conspiracy.’’.
(h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—
Section 236 of the Atomic Energy Act of 1954 (42 U.S.C.
2284), is amended—
(1) in subsection (a)—
(A) by striking ‘‘, or who intentionally and
willfully attempts to destroy or cause physical
damage to’’;
290
(B) in paragraph (4), by striking the pe-
riod at the end and inserting a comma; and
(C) by inserting ‘‘or attempts or conspires
to do such an act,’’ before ‘‘shall be fined’’; and
(2) in subsection (b)—
(A) by striking ‘‘or attempts to cause’’;
and
(B) by inserting ‘‘or attempts or conspires
to do such an act,’’ before ‘‘shall be fined’’.
(i) INTERFERENCE WITH FLIGHT CREW MEMBERS
AND ATTENDANTS.—Section 46504 of title 49, United
States Code, is amended by inserting ‘‘or attempts or con-
spires to do such an act,’’ before ‘‘shall be fined’’.
(j) SPECIAL
AIRCRAFT
JURISDICTION
OF
THE
UNITED STATES.—Section 46505 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(e) CONSPIRACY.—If two or more persons conspire
to violate subsection (b) or (c), and one or more of such
persons do any act to effect the object of the conspiracy,
each of the parties to such conspiracy shall be punished
as provided in such subsection.’’.
(k) DAMAGING OR DESTROYING AN INTERSTATE GAS
OR HAZARDOUS LIQUID PIPELINE FACILITY.—Section
60123(b) of title 49, United States Code, is amended—
291
(1) by striking ‘‘, or attempting to damage or
destroy,’’; and
(2) by inserting ‘‘, or attempting or conspiring
to do such an act,’’ before ‘‘shall be fined’’.
SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.
Section 3583 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(j) SUPERVISED RELEASE TERMS FOR TERRORISM
PREDICATES.—Notwithstanding subsection (b), the au-
thorized term of supervised release for any offense listed
in section 2332b(g)(5)(B), the commission of which re-
sulted in, or created a foreseeable risk of, death or serious
bodily injury to another person, is any term of years or
life.’’.
SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKET-
EERING ACTIVITY.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or (F)’’ and inserting ‘‘(F)’’;
and
(2) by inserting before the semicolon at the end
the following: ‘‘, or (G) any act that is indictable
under 
any 
provision 
listed 
in 
section
2332b(g)(5)(B)’’.
292
SEC. 
814. 
DETERRENCE 
AND 
PREVENTION 
OF
CYBERTERRORISM.
(a) CLARIFICATION OF PROTECTION OF PROTECTED
COMPUTERS.—Section 1030(a)(5) of title 18, United
States Code, is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(A)’’;
(2) by redesignating subparagraphs (B) and
(C) as clauses (ii) and (iii), respectively;
(3) by adding ‘‘and’’ at the end of clause (iii),
as so redesignated; and
(4) by adding at the end the following:
‘‘(B) by conduct described in clause (i),
(ii), or (iii) of subparagraph (A), caused (or, in
the case of an attempted offense, would, if com-
pleted, have caused)—
‘‘(i) loss to 1 or more persons during
any 1-year period (and, for purposes of an
investigation, prosecution, or other pro-
ceeding brought by the United States only,
loss resulting from a related course of con-
duct affecting 1 or more other protected
computers) aggregating at least $5,000 in
value;
‘‘(ii) the modification or impairment,
or potential modification or impairment, of
293
the medical examination, diagnosis, treat-
ment, or care of 1 or more individuals;
‘‘(iii) physical injury to any person;
‘‘(iv) a threat to public health or safe-
ty; or
‘‘(v) damage affecting a computer sys-
tem used by or for a government entity in
furtherance of the administration of jus-
tice, national defense, or national secu-
rity;’’.
(b) 
PROTECTION
FROM
EXTORTION.—Section
1030(a)(7) of title 18, United States Code, is amended
by striking ‘‘, firm, association, educational institution, fi-
nancial institution, government entity, or other legal enti-
ty,’’.
(c) PENALTIES.—Section 1030(c) of title 18, United
States Code, is amended—
(1) in paragraph (2)—
(A) in subparagraph (A) —
(i) by inserting ‘‘except as provided in
subparagraph (B),’’ before ‘‘a fine’’;
(ii) by striking ‘‘(a)(5)(C)’’ and in-
serting ‘‘(a)(5)(A)(iii)’’; and
(iii) by striking ‘‘and’ at the end;
294
(B) in subparagraph (B), by inserting ‘‘or
an attempt to commit an offense punishable
under this subparagraph,’’ after ‘‘subsection
(a)(2),’’ in the matter preceding clause (i); and
(C) in subparagraph (C), by striking
‘‘and’’ at the end;
(2) in paragraph (3)—
(A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’
both places it appears; and
(B) by striking ‘‘(a)(5)(C)’’ and inserting
‘‘(a)(5)(A)(iii)’’; and
(3) by adding at the end the following:
‘‘(4)(A) a fine under this title, imprisonment
for not more than 10 years, or both, in the case of
an offense under subsection (a)(5)(A)(i), or an at-
tempt to commit an offense punishable under that
subsection;
‘‘(B) a fine under this title, imprisonment for
not more than 5 years, or both, in the case of an
offense under subsection (a)(5)(A)(ii), or an attempt
to commit an offense punishable under that sub-
section;
‘‘(C) a fine under this title, imprisonment for
not more than 20 years, or both, in the case of an
offense 
under 
subsection 
(a)(5)(A)(i) 
or
295
(a)(5)(A)(ii), or an attempt to commit an offense
punishable under either subsection, that occurs after
a conviction for another offense under this section.’’.
(d) DEFINITIONS.—Section 1030(e) of title 18,
United States Code is amended—
(1) in paragraph (2)(B), by inserting ‘‘, includ-
ing a computer located outside the United States
that is used in a manner that affects interstate or
foreign commerce or communication of the United
States’’ before the semicolon;
(2) in paragraph (7), by striking ‘‘and’’ at the
end;
(3) by striking paragraph (8) and inserting the
following:
‘‘(8) the term ‘damage’ means any impairment
to the integrity or availability of data, a program, a
system, or information;’’;
(4) in paragraph (9), by striking the period at
the end and inserting a semicolon; and
(5) by adding at the end the following:
‘‘(10) the term ‘conviction’ shall include a con-
viction under the law of any State for a crime pun-
ishable by imprisonment for more than 1 year, an
element of which is unauthorized access, or exceed-
ing authorized access, to a computer;
296
‘‘(11) the term ‘loss’ means any reasonable cost
to any victim, including the cost of responding to an
offense, conducting a damage assessment, and re-
storing the data, program, system, or information to
its condition prior to the offense, and any revenue
lost, cost incurred, or other consequential damages
incurred because of interruption of service; and
‘‘(12) the term ‘person’ means any individual,
firm, corporation, educational institution, financial
institution, governmental entity, or legal or other en-
tity.’’.
(e) DAMAGES IN CIVIL ACTIONS.—Section 1030(g)
of title 18, United States Code is amended—
(1) by striking the second sentence and insert-
ing the following: ‘‘A civil action for a violation of
this section may be brought only if the conduct in-
volves 1 of the factors set forth in clause (i), (ii),
(iii), (iv), or (v) of subsection (a)(5)(B). Damages
for a violation involving only conduct described in
subsection (a)(5)(B)(i) are limited to economic dam-
ages.’’; and
(2) by adding at the end the following: ‘‘No ac-
tion may be brought under this subsection for the
negligent design or manufacture of computer hard-
ware, computer software, or firmware.’’.
297
(f) AMENDMENT OF SENTENCING GUIDELINES RE-
LATING TO CERTAIN COMPUTER FRAUD AND ABUSE.—
Pursuant to its authority under section 994(p) of title 28,
United States Code, the United States Sentencing Com-
mission shall amend the Federal sentencing guidelines to
ensure that any individual convicted of a violation of sec-
tion 1030 of title 18, United States Code, can be subjected
to appropriate penalties, without regard to any mandatory
minimum term of imprisonment.
SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELAT-
ING TO PRESERVING RECORDS IN RESPONSE
TO GOVERNMENT REQUESTS.
Section 2707(e)(1) of title 18, United States Code,
is amended by inserting after ‘‘or statutory authorization’’
the following: ‘‘(including a request of a governmental en-
tity under section 2703(f) of this title)’’.
SEC. 
816. 
DEVELOPMENT 
AND 
SUPPORT 
OF
CYBERSECURITY FORENSIC CAPABILITIES.
(a) IN GENERAL.—The Attorney General shall estab-
lish such regional computer forensic laboratories as the
Attorney General considers appropriate, and provide sup-
port to existing computer forensic laboratories, in order
that all such computer forensic laboratories have the
capability—
298
(1) to provide forensic examinations with re-
spect to seized or intercepted computer evidence re-
lating to criminal activity (including cyberterrorism);
(2) to provide training and education for Fed-
eral, State, and local law enforcement personnel and
prosecutors regarding investigations, forensic anal-
yses, and prosecutions of computer-related crime (in-
cluding cyberterrorism);
(3) to assist Federal, State, and local law en-
forcement in enforcing Federal, State, and local
criminal laws relating to computer-related crime;
(4) to facilitate and promote the sharing of
Federal law enforcement expertise and information
about the investigation, analysis, and prosecution of
computer-related crime with State and local law en-
forcement personnel and prosecutors, including the
use of multijurisdictional task forces; and
(5) to carry out such other activities as the At-
torney General considers appropriate.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—There is hereby author-
ized to be appropriated in each fiscal year
$50,000,000 for purposes of carrying out this sec-
tion.
299
(2) AVAILABILITY.—Amounts appropriated pur-
suant to the authorization of appropriations in para-
graph (1) shall remain available until expended.
SEC. 817. EXPANSION OF THE BIOLOGICAL WEAPONS STAT-
UTE.
Chapter 10 of title 18, United States Code, is
amended—
(1) in section 175—
(A) in subsection (b)—
(i) by striking ‘‘does not include’’ and
inserting ‘‘includes’’;
(ii) by inserting ‘‘other than’’ after
‘‘system for’’; and
(iii) by inserting ‘‘bona fide research’’
after ‘‘protective’’;
(B) by redesignating subsection (b) as sub-
section (c); and
(C) by inserting after subsection (a) the
following:
‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly
possesses any biological agent, toxin, or delivery system
of a type or in a quantity that, under the circumstances,
is not reasonably justified by a prophylactic, protective,
bona fide research, or other peaceful purpose, shall be
fined under this title, imprisoned not more than 10 years,
300
or both. In this subsection, the terms ‘biological agent’ and
‘toxin’ do not encompass any biological agent or toxin that
is in its naturally occurring environment, if the biological
agent or toxin has not been cultivated, collected, or other-
wise extracted from its natural source.’’;
(2) by inserting after section 175a the fol-
lowing:
‘‘SEC. 175b. POSSESSION BY RESTRICTED PERSONS.
‘‘(a) No restricted person described in subsection (b)
shall ship or transport interstate or foreign commerce, or
possess in or affecting commerce, any biological agent or
toxin, or receive any biological agent or toxin that has been
shipped or transported in interstate or foreign commerce,
if the biological agent or toxin is listed as a select agent
in subsection (j) of section 72.6 of title 42, Code of Fed-
eral Regulations, pursuant to section 511(d)(l) of the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104–132), and is not exempted under sub-
section (h) of such section 72.6, or appendix A of part
72 of the Code of Regulations.
‘‘(b) In this section:
‘‘(1) The term ‘select agent’ does not include
any such biological agent or toxin that is in its natu-
rally-occurring environment, if the biological agent
301
or toxin has not been cultivated, collected, or other-
wise extracted from its natural source.
‘‘(2) The term ‘restricted person’ means an individual
who—
‘‘(A) is under indictment for a crime pun-
ishable by imprisonment for a term exceeding 1
year;
‘‘(B) has been convicted in any court of a
crime punishable by imprisonment for a term
exceeding 1 year;
‘‘(C) is a fugitive from justice;
‘‘(D) is an unlawful user of any controlled
substance (as defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802));
‘‘(E) is an alien illegally or unlawfully in
the United States;
‘‘(F) has been adjudicated as a mental de-
fective or has been committed to any mental in-
stitution;
‘‘(G) is an alien (other than an alien law-
fully admitted for permanent residence) who is
a national of a country as to which the Sec-
retary of State, pursuant to section 6(j) of the
Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)), section 620A of chapter 1 of
302
part M of the Foreign Assistance Act of 1961
(22 U.S.C. 2371), or section 40(d) of chapter
3 of the Arms Export Control Act (22 U.S.C.
2780(d)), has made a determination (that re-
mains in effect) that such country has repeat-
edly provided support for acts of international
terrorism; or
‘‘(H) has been discharged from the Armed
Services of the United States under dishonor-
able conditions.
‘‘(3) The term ‘alien’ has the same meaning as
in section 1010(a)(3) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(3)).
‘‘(4) The term ‘lawfully admitted for permanent
residence’ has the same meaning as in section
101(a)(20) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(20)).
‘‘(c) Whoever knowingly violates this section shall be
fined as provided in this title, imprisoned not more than
10 years, or both, but the prohibition contained in this
section shall not apply with respect to any duly authorized
United States governmental activity.’’; and
(3) in the chapter analysis, by inserting after
the item relating to section 175a the following:
‘‘175b. Possession by restricted persons.’’.
303
TITLE IX—IMPROVED
INTELLIGENCE
SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL
INTELLIGENCE REGARDING FOREIGN INTEL-
LIGENCE COLLECTED UNDER FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978.
Section 103(c) of the National Security Act of 1947
(50 U.S.C. 403–3(c)) is amended—
(1) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(2) by inserting after paragraph (5) the fol-
lowing new paragraph (6):
‘‘(6) establish requirements and priorities for
foreign intelligence information to be collected under
the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.), and provide assistance to
the Attorney General to ensure that information de-
rived from electronic surveillance or physical
searches under that Act is disseminated so it may be
used efficiently and effectively for foreign intel-
ligence purposes, except that the Director shall have
no authority to direct, manage, or undertake elec-
tronic surveillance or physical search operations pur-
suant to that Act unless otherwise authorized by
statute or executive order;’’.
304
SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST AC-
TIVITIES WITHIN SCOPE OF FOREIGN INTEL-
LIGENCE UNDER NATIONAL SECURITY ACT
OF 1947.
Section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended—
(1) in paragraph (2), by inserting before the pe-
riod the following: ‘‘, or international terrorist activi-
ties’’; and
(2) in paragraph (3), by striking ‘‘and activities
conducted’’ and inserting ‘‘, and activities con-
ducted,’’.
SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT
AND MAINTENANCE OF INTELLIGENCE RELA-
TIONSHIPS TO ACQUIRE INFORMATION ON
TERRORISTS 
AND 
TERRORIST 
ORGANIZA-
TIONS.
It is the sense of Congress that officers and employ-
ees of the intelligence community of the Federal Govern-
ment, acting within the course of their official duties,
should be encouraged, and should make every effort, to
establish and maintain intelligence relationships with any
person, entity, or group for the purpose of engaging in
lawful intelligence activities, including the acquisition of
information on the identity, location, finances, affiliations,
capabilities, plans, or intentions of a terrorist or terrorist
305
organization, or information on any other person, entity,
or group (including a foreign government) engaged in har-
boring, comforting, financing, aiding, or assisting a ter-
rorist or terrorist organization.
SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL
TO 
CONGRESS 
OF 
REPORTS 
ON 
INTEL-
LIGENCE AND INTELLIGENCE-RELATED MAT-
TERS.
(a) AUTHORITY TO DEFER.—The Secretary of De-
fense, Attorney General, and Director of Central Intel-
ligence each may, during the effective period of this sec-
tion, defer the date of submittal to Congress of any cov-
ered intelligence report under the jurisdiction of such offi-
cial until February 1, 2002.
(b) COVERED INTELLIGENCE REPORT.—Except as
provided in subsection (c), for purposes of subsection (a),
a covered intelligence report is as follows:
(1) Any report on intelligence or intelligence-re-
lated activities of the United States Government
that is required to be submitted to Congress by an
element of the intelligence community during the ef-
fective period of this section.
(2) Any report or other matter that is required
to be submitted to the Select Committee on Intel-
ligence of the Senate and Permanent Select Com-
306
mittee on Intelligence of the House of Representa-
tives by the Department of Defense or the Depart-
ment of Justice during the effective period of this
section.
(c) EXCEPTION FOR CERTAIN REPORTS.—For pur-
poses of subsection (a), any report required by section 502
or 503 of the National Security Act of 1947 (50 U.S.C.
413a, 413b) is not a covered intelligence report.
(d) NOTICE TO CONGRESS.—Upon deferring the date
of submittal to Congress of a covered intelligence report
under subsection (a), the official deferring the date of sub-
mittal of the covered intelligence report shall submit to
Congress notice of the deferral. Notice of deferral of a re-
port shall specify the provision of law, if any, under which
the report would otherwise be submitted to Congress.
(e) EXTENSION OF DEFERRAL.—(1) Each official
specified in subsection (a) may defer the date of submittal
to Congress of a covered intelligence report under the ju-
risdiction of such official to a date after February 1, 2002,
if such official submits to the committees of Congress
specified in subsection (b)(2) before February 1, 2002, a
certification that preparation and submittal of the covered
intelligence report on February 1, 2002, will impede the
work of officers or employees who are engaged in
counterterrorism activities.
307
(2) A certification under paragraph (1) with respect
to a covered intelligence report shall specify the date on
which the covered intelligence report will be submitted to
Congress.
(f) EFFECTIVE PERIOD.—The effective period of this
section is the period beginning on the date of the enact-
ment of this Act and ending on February 1, 2002.
(g) ELEMENT OF THE INTELLIGENCE COMMUNITY
DEFINED.—In this section, the term ‘‘element of the intel-
ligence community’’ means any element of the intelligence
community specified or designated under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTEL-
LIGENCE OF FOREIGN INTELLIGENCE-RE-
LATED INFORMATION WITH RESPECT TO
CRIMINAL INVESTIGATIONS.
(a) IN GENERAL.—Title I of the National Security
Act of 1947 (50 U.S.C. 402 et seq.) is amended—
(1) by redesignating subsection 105B as section
105C; and
(2) by inserting after section 105A the fol-
lowing new section 105B:
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‘‘DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN
CRIMINAL
INVESTIGATIONS; NOTICE
OF
CRIMINAL
INVESTIGATIONS
OF
FOREIGN
INTELLIGENCE
SOURCES
‘‘SEC. 105B. (a) DISCLOSURE OF FOREIGN INTEL-
LIGENCE.—(1) Except as otherwise provided by law and
subject to paragraph (2), the Attorney General, or the
head of any other department or agency of the Federal
Government with law enforcement responsibilities, shall
expeditiously disclose to the Director of Central Intel-
ligence, pursuant to guidelines developed by the Attorney
General in consultation with the Director, foreign intel-
ligence acquired by an element of the Department of Jus-
tice or an element of such department or agency, as the
case may be, in the course of a criminal investigation.
‘‘(2) The Attorney General by regulation and in con-
sultation with the Director of Central Intelligence may
provide for exceptions to the applicability of paragraph (1)
for one or more classes of foreign intelligence, or foreign
intelligence with respect to one or more targets or matters,
if the Attorney General determines that disclosure of such
foreign intelligence under that paragraph would jeopardize
an ongoing law enforcement investigation or impair other
significant law enforcement interests.
309
‘‘(b) PROCEDURES FOR NOTICE OF CRIMINAL INVES-
TIGATIONS.—Not later than 180 days after the date of
enactment of this section, the Attorney General, in con-
sultation with the Director of Central Intelligence, shall
develop guidelines to ensure that after receipt of a report
from an element of the intelligence community of activity
of a foreign intelligence source or potential foreign intel-
ligence source that may warrant investigation as criminal
activity, the Attorney General provides notice to the Direc-
tor of Central Intelligence, within a reasonable period of
time, of his intention to commence, or decline to com-
mence, a criminal investigation of such activity.
‘‘(c) PROCEDURES.—The Attorney General shall de-
velop procedures for the administration of this section, in-
cluding the disclosure of foreign intelligence by elements
of the Department of Justice, and elements of other de-
partments and agencies of the Federal Government, under
subsection (a) and the provision of notice with respect to
criminal investigations under subsection (b).’’.
(b) CLERICAL AMENDMENT.—The table of contents
in the first section of that Act is amended by striking the
item relating to section 105B and inserting the following
new items:
‘‘Sec. 105B. Disclosure of foreign intelligence acquired in criminal investiga-
tions; notice of criminal investigations of foreign intelligence
sources.
‘‘Sec. 105C. Protection of the operational files of the National Imagery and
Mapping Agency.’’.
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SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) REPORT ON RECONFIGURATION.—Not later than
February 1, 2002, the Attorney General, the Director of
Central Intelligence, and the Secretary of the Treasury
shall jointly submit to Congress a report on the feasibility
and desirability of reconfiguring the Foreign Terrorist
Asset Tracking Center and the Office of Foreign Assets
Control of the Department of the Treasury in order to
establish a capability to provide for the effective and effi-
cient analysis and dissemination of foreign intelligence re-
lating to the financial capabilities and resources of inter-
national terrorist organizations.
(b) REPORT REQUIREMENTS.—(1) In preparing the
report under subsection (a), the Attorney General, the
Secretary, and the Director shall consider whether, and
to what extent, the capacities and resources of the Finan-
cial Crimes Enforcement Center of the Department of the
Treasury may be integrated into the capability con-
templated by the report.
(2) If the Attorney General, Secretary, and the Direc-
tor determine that it is feasible and desirable to undertake
the reconfiguration described in subsection (a) in order to
establish the capability described in that subsection, the
Attorney General, the Secretary, and the Director shall
include with the report under that subsection a detailed
proposal for legislation to achieve the reconfiguration.