IB
107TH CONGRESS
1ST SESSION
H. R. 2975
[Report No. 107–236, Part I]
To combat terrorism, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 2, 2001
Mr. SENSENBRENNER (for himself, Mr. CONYERS, Mr. HYDE, Mr. COBLE,
Mr. GOODLATTE, Mr. JENKINS, Ms. JACKSON-LEE of Texas, Mr. CAN-
NON, Mr. MEEHAN, Mr. GRAHAM, Mr. BACHUS, Mr. WEXLER, Mr.
HOSTETTLER, Mr. KELLER, Mr. ISSA, Ms. HART, Mr. FLAKE, Mr.
SCHIFF, Mr. THOMAS, Mr. GOSS, Mr. RANGEL, Mr. BERMAN, and Ms.
LOFGREN) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Intel-
ligence (Permanent Select), International Relations, Resources, and Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
OCTOBER 11, 2001
Additional sponsors: Mr. DELAHUNT, Mr. WEINER, Mr. FRANK, and Mr.
SMITH of Texas
OCTOBER 11, 2001
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
OCTOBER 11, 2001
Committees on International Relations, Resources, and Ways and Means
discharged
OCTOBER 11, 2001
Referral to the Permanent Select Committee on Intelligence extended for a
period ending not later than October 12, 2001
[For text of introduced bill, see copy of bill as introduced on October 2, 2001]
A BILL
To combat terrorism, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Provide Appropriate
Tools Required to Intercept and Obstruct Terrorism (PA-
TRIOT) Act of 2001’’.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Construction; severability.
TITLE I—INTELLIGENCE GATHERING
Subtitle A—Electronic Surveillance
Sec. 101. Modification of authorities relating to use of pen registers and trap and
trace devices.
Sec. 102. Seizure of voice-mail messages pursuant to warrants.
Sec. 103. Authorized disclosure.
Sec. 104. Savings provision.
Sec. 105. Interception of computer trespasser communications.
Sec. 106. Technical amendment.
Sec. 107. Scope of subpoenas for records of electronic communications.
Sec. 108. Nationwide service of search warrants for electronic evidence.
Sec. 109. Clarification of scope.
Sec. 110. Emergency disclosure of electronic communications to protect life and
limb.
Sec. 111. Use as evidence.
Sec. 112. Reports concerning the disclosure of the contents of electronic commu-
nications.
Subtitle B—Foreign Intelligence Surveillance and Other Information
Sec. 151. Period of orders of electronic surveillance of non-United States persons
under foreign intelligence surveillance.
Sec. 152. Multi-point authority.
Sec. 153. Foreign intelligence information.
Sec. 154. Foreign intelligence information sharing.
Sec. 155. Pen register and trap and trace authority.
Sec. 156. Business records.
Sec. 157. Miscellaneous national-security authorities.
Sec. 158. Proposed legislation.
Sec. 159. Presidential authority.
Sec. 160. Clarification of no technology mandates.
Sec. 161. Civil liability for certain unauthorized disclosures.
Sec. 162. Sunset.
TITLE II—ALIENS ENGAGING IN TERRORIST ACTIVITY
Subtitle A—Detention and Removal of Aliens Engaging in Terrorist Activity
Sec. 201. Changes in classes of aliens who are ineligible for admission and de-
portable due to terrorist activity.
Sec. 202. Changes in designation of foreign terrorist organizations.
Sec. 203. Mandatory detention of suspected terrorists; habeas corpus; judicial re-
view.
Sec. 204. Changes in conditions for granting asylum.
Sec. 205. Multilateral cooperation against terrorists.
Sec. 206. Requiring sharing by the Federal bureau of investigation of certain
criminal record extracts with other Federal agencies in order to
enhance border security.
Sec. 207. Inadmissibility of aliens engaged in money laundering.
Sec. 208. Program to collect information relating to nonimmigrant foreign stu-
dents and other exchange program participants.
Sec. 209. Protection of northern border.
Subtitle B—Preservation of Immigration Benefits for Victims of Terrorism
Sec. 211. Special immigrant status.
Sec. 212. Extension of filing or reentry deadlines.
Sec. 213. Humanitarian relief for certain surviving spouses and children.
Sec. 214. ‘‘Age-out’’ protection for children.
Sec. 215. Temporary administrative relief.
Sec. 216. Evidence of death, disability, or loss of employment.
Sec. 217. No benefits to terrorists or family members of terrorists.
Sec. 218. Definitions.
TITLE III—CRIMINAL JUSTICE
Subtitle A—Substantive Criminal Law
Sec. 301. Statute of limitation for prosecuting terrorism offenses.
Sec. 302. Alternative maximum penalties for terrorism crimes.
Sec. 303. Penalties for terrorist conspiracies.
Sec. 304. Terrorism crimes as rico predicates.
Sec. 305. Biological weapons.
Sec. 306. Support of terrorism through expert advice or assistance.
Sec. 307. Prohibition against harboring.
Sec. 308. Post-release supervision of terrorists.
Sec. 309. Definition.
Sec. 310. Civil damages.
Subtitle B—Criminal Procedure
Sec. 351. Single-jurisdiction search warrants for terrorism.
Sec. 352. DNA identification of terrorists.
Sec. 353. Grand jury matters.
Sec. 354. Extraterritoriality.
Sec. 355. Jurisdiction over crimes committed at United States facilities abroad.
Sec. 356. Special agent authorities.
TITLE IV—FINANCIAL INFRASTRUCTURE
Sec. 401. Laundering the proceeds of terrorism.
Sec. 402. Material support for terrorism.
Sec. 403. Assets of terrorist organizations.
Sec. 404. Technical clarification relating to provision of material support to ter-
rorism.
Sec. 405. Disclosure of tax information in terrorism and national security inves-
tigations.
Sec. 406. Extraterritorial jurisdiction.
TITLE V—EMERGENCY AUTHORIZATIONS
Sec. 501. Office of Justice programs.
Sec. 502. Attorney General’s authority to pay rewards.
Sec. 503. Limited authority to pay overtime.
Sec. 504. Department of State reward authority.
Sec. 505. Authorization of funds for DEA police training in South and Central
Asia.
Sec. 506. Public safety officer benefits.
TITLE VI—DAM SECURITY
Sec. 601. Security of reclamation dams, facilities, and resources.
TITLE VII—MISCELLANEOUS
Sec. 701. Employment of translators by the Federal Bureau of Investigation.
Sec. 702. Review of the Department of Justice.
Sec. 703. Feasibility study on use of biometric identifier scanning system with
access to the FBI integrated automated fingerprint identification
system at overseas consular posts and points of entry to the
United States.
Sec. 704. Study of access.
Sec. 705. Enforcement of certain anti-terrorism judgments.
TITLE VIII—PRIVATE SECURITY OFFICER QUALITY ASSURANCE
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Background checks.
Sec. 804. Sense of Congress.
Sec. 805. Definitions.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one
of utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall
not affect the remainder thereof or the application of such
provision to other persons not similarly situated or to other,
dissimilar circumstances.
TITLE I—INTELLIGENCE
GATHERING
Subtitle A—Electronic Surveillance
SEC. 101. MODIFICATION OF AUTHORITIES RELATING TO
USE OF PEN REGISTERS AND TRAP AND
TRACE DEVICES.
(a) GENERAL LIMITATION ON USE BY GOVERNMENTAL
AGENCIES.—Section 3121(c) of title 18, United States
Code, is amended—
(1) by inserting ‘‘or trap and trace device’’ after
‘‘pen register’’;
(2) by inserting ‘‘, routing, addressing,’’ after
‘‘dialing’’; and
(3) by striking ‘‘call processing’’ and inserting
‘‘the processing and transmitting of wire and elec-
tronic communications’’.
(b) ISSUANCE OF ORDERS.—
(1) IN GENERAL.—Subsection (a) of section 3123
of title 18, United States Code, is amended to read as
follows:
‘‘(a) IN GENERAL.—
‘‘(1) Upon an application made under section
3122(a)(1), the court shall enter an ex parte order au-
thorizing the installation and use of a pen register or
trap and trace device anywhere within the United
States, if the court finds that the attorney for the
Government has certified to the court that the infor-
mation likely to be obtained by such installation and
use is relevant to an ongoing criminal investigation.
The order shall, upon service thereof, apply to any
person or entity providing wire or electronic commu-
nication service in the United States whose assistance
may facilitate the execution of the order. Whenever
such an order is served on any person or entity not
specifically named in the order, upon request of such
person or entity, the attorney for the Government or
law enforcement or investigative officer that is serving
the order shall provide written or electronic certifi-
cation that the assistance of the person or entity being
served is related to the order.
‘‘(2) Upon an application made under section
3122(a)(2), the court shall enter an ex parte order au-
thorizing the installation and use of a pen register or
trap and trace device within the jurisdiction of the
court, if the court finds that the State law-enforce-
ment or investigative officer has certified to the court
that the information likely to be obtained by such in-
stallation and use is relevant to an ongoing criminal
investigation.’’.
(2) CONTENTS OF ORDER.—Subsection (b)(1) of
section 3123 of title 18, United States Code, is
amended—
(A) in subparagraph (A)—
(i) by inserting ‘‘or other facility’’
after ‘‘telephone line’’; and
(ii) by inserting before the semicolon at
the end ‘‘or applied’’; and
(B) by striking subparagraph (C) and in-
serting the following:
‘‘(C) the attributes of the communications to
which the order applies, including the number or
other identifier and, if known, the location of the
telephone line or other facility to which the pen
register or trap and trace device is to be attached
or applied, and, in the case of an order author-
izing installation and use of a trap and trace de-
vice under subsection (a)(2), the geographic lim-
its of the order; and’’.
(3) 
NONDISCLOSURE
REQUIREMENTS.—Sub-
section (d)(2) of section 3123 of title 18, United
States Code, is amended—
(A) by inserting ‘‘or other facility’’ after
‘‘the line’’; and
(B) by striking ‘‘, or who has been ordered
by the court’’ and inserting ‘‘or applied, or who
is obligated by the order’’.
(c) DEFINITIONS.—
(1) COURT
OF
COMPETENT
JURISDICTION.—
Paragraph (2) of section 3127 of title 18, United
States Code, is amended by striking subparagraph
(A) and inserting the following:
‘‘(A) any district court of the United States
(including a magistrate judge of such a court),
or any United States court of appeals, having
jurisdiction over the offense being investigated;
or’’.
(2) PEN REGISTER.—Paragraph (3) of section
3127 of title 18, United States Code, is amended—
(A) by striking ‘‘electronic or other im-
pulses’’ and all that follows through ‘‘is at-
tached’’ and inserting ‘‘dialing, routing, address-
ing, or signaling information transmitted by an
instrument or facility from which a wire or elec-
tronic communication is transmitted (but not
including the contents of such communication)’’;
and
(B) by inserting ‘‘or process’’ after ‘‘device’’
each place it appears.
(3) TRAP AND TRACE DEVICE.—Paragraph (4) of
section 3127 of title 18, United States Code, is
amended—
(A) by inserting ‘‘or process’’ after ‘‘a de-
vice’’; and
(B) by striking ‘‘of an instrument’’ and all
that follows through the end and inserting ‘‘or
other dialing, routing, addressing, and signaling
information reasonably likely to identify the
source of a wire or electronic communication
(but not including the contents of such commu-
nication);’’.
(4) CONFORMING AMENDMENT.—Section 3127(1)
of title 18, United States Code, is amended—
(A) by striking ‘‘and’’; and
(B) by inserting ‘‘, and ‘contents’ ’’ after
‘‘ ‘electronic communication service’ ’’.
(d) NO LIABILITY
FOR INTERNET SERVICE PRO-
VIDERS.—Section 3124(d) of title 18, United States Code,
is amended by striking ‘‘the terms of’’.
SEC. 102. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT
TO WARRANTS.
Title 18, United States Code, is amended—
(1) in section 2510—
(A) in paragraph (1), by striking all the
words after ‘‘commerce’’; and
(B) in paragraph (14), by inserting ‘‘wire
or’’ after ‘‘transmission of’’; and
(2) in section 2703—
(A) in the headings for subsections (a) and
(b), by striking ‘‘CONTENTS
OF
ELECTRONIC’’
and inserting ‘‘CONTENTS OF WIRE OR ELEC-
TRONIC’’;
(B) in subsection (a), by striking ‘‘contents
of an electronic’’ and inserting ‘‘contents of a
wire or electronic’’ each place it appears; and
(C) in subsection (b), by striking ‘‘any elec-
tronic’’ and inserting ‘‘any wire or electronic’’
each place it appears.
SEC. 103. AUTHORIZED DISCLOSURE.
Section 2510(7) of title 18, United States Code, is
amended by inserting ‘‘, and (for purposes only of section
2517 as it relates to foreign intelligence information as that
term is defined in section 101(e) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(e))) any Federal
law enforcement, intelligence, national security, national
defense, protective, immigration personnel, or the President
or Vice President of the United States’’ after ‘‘such of-
fenses’’.
SEC. 104. SAVINGS PROVISION.
Section 2511(2)(f) of title 18, United States Code, is
amended—
(1) by striking ‘‘or chapter 121’’ and inserting
‘‘, chapter 121, or chapter 206’’; and
(2) by striking ‘‘wire and oral’’ and inserting
‘‘wire, oral, and electronic’’.
SEC. 105. INTERCEPTION OF COMPUTER TRESPASSER COM-
MUNICATIONS.
Chapter 119 of title 18, United States Code, is
amended—
(1) in section 2510—
(A) in paragraph (17), by striking ‘‘and’’
at the end;
(B) in paragraph (18), by striking the pe-
riod and inserting a semi-colon; and
(C) by adding after paragraph (18) the fol-
lowing:
‘‘(19) ‘protected computer’ has the meaning set
forth in section 1030; and
‘‘(20) ‘computer trespasser’ means a person who
accesses a protected computer without authorization
and thus has no reasonable expectation of privacy in
any communication transmitted to, through, or from
the protected computer.’’;
(2) in section 2511(2), by inserting after para-
graph (h) the following:
‘‘(i) It shall not be unlawful under this chapter for
a person acting under color of law to intercept the wire
or electronic communications of a computer trespasser, if—
‘‘(i) the owner or operator of the protected com-
puter authorizes the interception of the computer tres-
passer’s communications on the protected computer;
‘‘(ii) the person acting under color of law is law-
fully engaged in an investigation;
‘‘(iii) the person acting under color of law has
reasonable grounds to believe that the contents of the
computer trespasser’s communications will be relevant
to the investigation; and
‘‘(iv) such interception does not acquire commu-
nications other than those transmitted to or from the
computer trespasser.’’; and
(3) in section 2520(d)(3), by inserting ‘‘or
2511(2)(i)’’ after ‘‘2511(3)’’.
SEC. 106. TECHNICAL AMENDMENT.
Section 2518(3)(c) of title 18, United States Code, is
amended by inserting ‘‘and’’ after the semicolon.
SEC. 107. SCOPE OF SUBPOENAS FOR RECORDS OF ELEC-
TRONIC COMMUNICATIONS.
Section 2703(c)(1)(C) of title 18, United States Code,
is amended—
(1) by striking ‘‘entity the name, address, local
and long distance telephone toll billing records, tele-
phone number or other subscriber number or identity,
and length of service of a’’ and inserting the fol-
lowing:
‘‘entity the—
‘‘(i) name;
‘‘(ii) address;
‘‘(iii) local and long distance telephone connec-
tion records, or records of session times and dura-
tions;
‘‘(iv) length of service (including start date) and
types of service utilized;
‘‘(v) telephone or instrument number or other
subscriber number or identity, including any tempo-
rarily assigned network address; and
‘‘(vi) means and source of payment (including
any credit card or bank account number);
of a’’; and
(2) by striking ‘‘and the types of services the sub-
scriber or customer utilized,’’ after ‘‘of a subscriber to
or customer of such service’’.
SEC. 108. NATIONWIDE SERVICE OF SEARCH WARRANTS
FOR ELECTRONIC EVIDENCE.
Chapter 121 of title 18, United States Code, is
amended—
(1) in section 2703, by striking ‘‘under the Fed-
eral Rules of Criminal Procedure’’ each place it ap-
pears and inserting ‘‘using the procedures described
in the Federal Rules of Criminal Procedure by a
court with jurisdiction over the offense under inves-
tigation’’; and
(2) in section 2711—
(A) in paragraph (1), by striking ‘‘and’’;
(B) in paragraph (2), by striking the period
and inserting ‘‘; and’’; and
(C) by adding the following new paragraph
at the end:
‘‘(3) the term ‘court of competent jurisdiction’
has the meaning given that term in section 3127, and
includes any Federal court within that definition,
without geographic limitation.’’.
SEC. 109. CLARIFICATION OF SCOPE.
Section 2511(2) of title 18, United States Code, as
amended by section 105(2) of this Act, is further amended
by adding at the end the following:
‘‘(j) With respect to a voluntary or obligatory disclo-
sure of information (other than information revealing cus-
tomer cable viewing activity) under this chapter, chapter
121, or chapter 206, subsections (c)(2)(B) and (h) of section
631 of the Communications Act of 1934 do not apply.’’.
SEC. 110. EMERGENCY DISCLOSURE OF ELECTRONIC COM-
MUNICATIONS TO PROTECT LIFE AND LIMB.
(a) Section 2702 of title 18, United States Code, is
amended—
(1) by amending the heading to read as follows:
‘‘§ 2702. Voluntary disclosure of customer communica-
tions or records’’ ;
(2) in subsection (a)(2)(B) by striking the period
and inserting ‘‘; and’’;
(3) in subsection (a), by inserting after para-
graph (2) the following:
‘‘(3) a provider of remote computing service or
electronic communication service to the public shall
not knowingly divulge a record or other information
pertaining to a subscriber to or customer of such serv-
ice (not including the contents of communications
covered by paragraph (1) or (2)) to any governmental
entity.’’;
(4) in subsection (b), by striking ‘‘EXCEP-
TIONS.—A person or entity’’ and inserting ‘‘EXCEP-
TIONS
FOR DISCLOSURE
OF COMMUNICATIONS.—A
provider described in subsection (a)’’;
(5) in subsection (b)(6)—
(A) in subparagraph (A)(ii), by striking
‘‘or’’;
(B) in subparagraph (B), by striking the
period and inserting ‘‘; or’’;
(C) by inserting after subparagraph (B) the
following:
‘‘(C) if the provider reasonably believes that
an emergency involving immediate danger of
death or serious physical injury to any person
requires disclosure of the information without
delay.’’; and
(6) by inserting after subsection (b) the fol-
lowing:
‘‘(c) EXCEPTIONS
FOR DISCLOSURE
OF CUSTOMER
RECORDS.—A provider described in subsection (a) may di-
vulge a record or other information pertaining to a sub-
scriber to or customer of such service (not including the con-
tents of communications covered by subsection (a)(1) or
(a)(2))—
‘‘(1) as otherwise authorized in section 2703;
‘‘(2) with the lawful consent of the customer or
subscriber;
‘‘(3) as may be necessarily incident to the ren-
dition of the service or to the protection of the rights
or property of the provider of that service;
‘‘(4) to a governmental entity, if the provider
reasonably believes that an emergency involving im-
mediate danger of death or serious physical injury to
any person justifies disclosure of the information; or
‘‘(5) to any person other than a governmental
entity.’’.
(b) Section 2703 of title 18, United States Code, is
amended—
(1) so that the section heading reads as follows:
‘‘§ 2703. Required disclosure of customer communica-
tions or records’’;
(2) in subsection (c)(1)—
(A) in subparagraph (A), by striking ‘‘Ex-
cept’’ and all that follows through ‘‘only when’’
in subparagraph (B) and inserting ‘‘A govern-
mental entity may require a provider of elec-
tronic communication service or remote com-
puting service to disclose a record or other infor-
mation pertaining to a subscriber to or customer
of such service (not including the contents of
communications) only when’’;
(B) by striking ‘‘or’’ at the end of clause
(iii) of subparagraph (B);
(C) by striking the period at the end of
clause (iv) of subparagraph (B) and inserting ‘‘;
or’’;
(D) by inserting after clause (iv) of sub-
paragraph (B) the following:
‘‘(v) seeks information pursuant to subparagraph
(B).’’;
(E) in subparagraph (C), by striking ‘‘(B)’’
and inserting ‘‘(A)’’; and
(F) by redesignating subparagraph (C) as
subparagraph (B); and
(3) in subsection (e), by striking ‘‘or certifi-
cation’’ and inserting ‘‘certification, or statutory au-
thorization’’.
(c) The table of sections at the beginning of chapter
121 of title 18, United States Code, is amended so that the
items relating to sections 2702 through 2703 read as follows:
‘‘2702.
Voluntary disclosure of customer communications or records.
‘‘2703.
Required disclosure of customer communications or records.’’.
SEC. 111. USE AS EVIDENCE.
(a) IN GENERAL.—Section 2515 of title 18, United
States Code, is amended—
(1) by striking ‘‘wire or oral’’ in the heading
and inserting ‘‘wire, oral, or electronic’’;
(2) by striking ‘‘Whenever any wire or oral com-
munication has been intercepted’’ and inserting ‘‘(a)
Except as provided in subsection (b), whenever any
wire, oral, or electronic communication has been
intercepted, or any electronic communication in elec-
tronic storage has been disclosed’’;
(3) by inserting ‘‘or chapter 121’’ after ‘‘this
chapter’’; and
(4) by adding at the end the following:
‘‘(b) Subsection (a) does not apply to the disclosure,
before a grand jury or in a criminal trial, hearing, or other
criminal proceeding, of the contents of a communication,
or evidence derived therefrom, against a person alleged to
have intercepted, used, or disclosed the communication in
violation of this chapter, or chapter 121, or participated
in such violation.’’.
(b) SECTION 2517.—Paragraphs (1) and (2) of section
2517 are each amended by inserting ‘‘or under the cir-
cumstances described in section 2515(b)’’ after ‘‘by this
chapter’’.
(c) SECTION 2518.—Section 2518 of title 18, United
States Code, is amended—
(1) in subsection (7), by striking ‘‘subsection
(d)’’ and inserting ‘‘subsection (8)(d)’’; and
(2) in subsection (10)—
(A) in paragraph (a)—
(i) by striking ‘‘or oral’’ each place it
appears and inserting ‘‘, oral, or elec-
tronic’’;
(ii) by striking the period at the end of
clause (iii) and inserting a semicolon; and
(iii) by inserting ‘‘except that no sup-
pression may be ordered under the cir-
cumstances described in section 2515(b).’’
before ‘‘Such motion’’; and
(B) by striking paragraph (c).
(d) CLERICAL AMENDMENT.—The item relating to sec-
tion 2515 in the table of sections at the beginning of chapter
119 of title 18, United States Code, is amended to read as
follows:
‘‘2515. Prohibition of use as evidence of intercepted wire, oral, or electronic com-
munications.’’.
SEC. 112. REPORTS CONCERNING THE DISCLOSURE OF THE
CONTENTS 
OF 
ELECTRONIC 
COMMUNICA-
TIONS.
Section 2703 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(g) REPORTS CONCERNING THE DISCLOSURE OF THE
CONTENTS OF ELECTRONIC COMMUNICATIONS.—
‘‘(1) By January 31 of each calendar year, the
judge issuing or denying an order, warrant, or sub-
poena, or the authority issuing or denying a sub-
poena, under subsection (a) or (b) of this section dur-
ing the preceding calendar year shall report on each
such order, warrant, or subpoena to the Administra-
tive Office of the United States Courts—
‘‘(A) the fact that the order, warrant, or
subpoena was applied for;
‘‘(B) the kind of order, warrant, or sub-
poena applied for;
‘‘(C) the fact that the order, warrant, or
subpoena was granted as applied for, was modi-
fied, or was denied;
‘‘(D) the offense specified in the order, war-
rant, subpoena, or application;
‘‘(E) the identity of the agency making the
application; and
‘‘(F) the nature of the facilities from which
or the place where the contents of electronic com-
munications were to be disclosed.
‘‘(2) In January of each year the Attorney Gen-
eral or an Assistant Attorney General specially des-
ignated by the Attorney General shall report to the
Administrative Office of the United States Courts—
‘‘(A) the information required by subpara-
graphs (A) through (F) of paragraph (1) of this
subsection with respect to each application for
an order, warrant, or subpoena made during the
preceding calendar year; and
‘‘(B) a general description of the disclosures
made under each such order, warrant, or sub-
poena, including—
‘‘(i) the approximate number of all
communications disclosed and, of those, the
approximate number of incriminating com-
munications disclosed;
‘‘(ii) the approximate number of other
communications disclosed; and
‘‘(iii) the approximate number of per-
sons whose communications were disclosed.
‘‘(3) In June of each year, beginning in 2003,
the Director of the Administrative Office of the
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(e))
obtained as part of a criminal investigation (including in-
formation obtained pursuant to chapter 119 of title 18,
United States Code) to be provided to any Federal law-en-
forcement-, intelligence-, protective-, national-defense, or
immigration personnel, or the President or the Vice Presi-
dent of the United States, for the performance of official
duties.
SEC. 155. PEN REGISTER AND TRAP AND TRACE AUTHOR-
ITY.
Section 402(c) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1842(c)) is amended—
(1) in paragraph (1), by adding ‘‘and’’ at the
end;
(2) in paragraph (2)—
(A) by inserting ‘‘from the telephone line to
which the pen register or trap and trace device
is to be attached, or the communication instru-
ment or device to be covered by the pen register
or trap and trace device’’ after ‘‘obtained’’; and
(B) by striking ‘‘; and’’ and inserting a pe-
riod; and
(3) by striking paragraph (3).
SEC. 156. BUSINESS RECORDS.
(a) IN GENERAL.—Section 501 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1861) is amend-
ed to read as follows:
‘‘ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM IN-
VESTIGATIONS
‘‘SEC. 501. (a) In any investigation to gather foreign
intelligence information or an investigation concerning
international terrorism, such investigation being conducted
by the Federal Bureau of Investigation under such guide-
lines as the Attorney General may approve pursuant to Ex-
ecutive Order No. 12333 (or a successor order), the Director
of the Federal Bureau of Investigation or a designee of the
Director (whose rank shall be no lower than Assistant Spe-
cial Agent in Charge) may make an application for an
order requiring the production of any tangible things (in-
cluding books, records, papers, documents, and other items)
that are relevant to the investigation.
‘‘(b) Each application under this section—
‘‘(1) shall be made to—
‘‘(A) a judge of the court established by sec-
tion 103(a) of this Act; or
‘‘(B) a United States magistrate judge
under chapter 43 of title 28, United States Code,
who is publicly designated by the Chief Justice
of the United States to have the power to hear
applications and grant orders for the release of
records under this section on behalf of a judge of
that court; and
‘‘(2) shall specify that the records concerned are
sought for an investigation described in subsection
(a).
‘‘(c)(1) Upon application made pursuant to this sec-
tion, the judge shall enter an ex parte order as requested
requiring the production the tangible things sought if the
judge finds that the application satisfies the requirements
of this section.
‘‘(2) An order under this subsection shall not disclose
that it is issued for purposes of an investigation described
in subsection (a).
‘‘(d) A person who, in good faith, produces tangible
things under an order issued pursuant to this section shall
not be liable to any other person for such production. Such
production shall not be deemed to constitute a waiver of
any privilege in any other proceeding or context.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 502 of
such Act (50 U.S.C. 1862) is repealed.
(2) Section 503 of such Act (50 U.S.C. 1863) is redes-
ignated as section 502.
(c) CLERICAL AMENDMENT.—The table of contents at
the beginning of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.) is amended by striking
the items relating to title V and inserting the following:
‘‘TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE PURPOSES
‘‘Sec. 501. Access to certain business records for foreign intelligence and inter-
national terrorism investigations.
‘‘Sec. 502. Congressional oversight.’’.
SEC. 157. MISCELLANEOUS NATIONAL-SECURITY AUTHORI-
TIES.
(a) Section 2709(b) of title 18, United States Code, is
amended—
(1) in paragraph (1)—
(A) by inserting ‘‘, or electronic commu-
nication transactional records’’ after ‘‘toll billing
records’’; and
(B) by striking ‘‘made that’’ and all that
follows through the end of such paragraph and
inserting ‘‘made that the name, address, length
of service, and toll billing records sought are rel-
evant to an authorized foreign counterintel-
ligence investigation; and’’; and
(2) in paragraph (2), by striking ‘‘made that’’
and all that follows through the end of such para-
graph and inserting ‘‘made that the information
sought is relevant to an authorized foreign counter-
intelligence investigation.’’.
(b) Section 624 of the Fair Credit Reporting Act (Pub-
lic Law 90–321; 15 U.S.C. 1681u), as added by section
601(a) of the Intelligence Authorization Act for Fiscal Year
1996 (Public Law 104–93; 110 Stat. 974), is amended—
(1) in subsection (a), by striking ‘‘writing that’’
and all that follows through the end and inserting
‘‘writing that such information is necessary for the
conduct of an authorized foreign counterintelligence
investigation.’’;
(2) in subsection (b), by striking ‘‘writing that’’
and all that follows through the end and inserting
‘‘writing that such information is necessary for the
conduct of an authorized foreign counterintelligence
investigation.’’; and
(3) in subsection (c), by striking ‘‘camera that’’
and all that follows through ‘‘States.’’ and inserting
‘‘camera that the consumer report is necessary for the
conduct of an authorized foreign counterintelligence
investigation.’’.
SEC. 158. PROPOSED LEGISLATION.
Not later than August 31, 2003, the President shall
propose legislation relating to the provisions set to expire
by section 160 of this Act as the President may judge nec-
essary and expedient.
SEC. 159. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Economic
Powers Act (50 U.S.C. 1702) is amended in subsection
(a)(1)—
(1) in subparagraph (A)—
(A) in clause (ii), by adding ‘‘or’’ after
‘‘thereof,’’; and
(B) by striking clause (iii) and inserting
the following:
‘‘(iii) the importing or exporting of cur-
rency or securities,
by any person, or with respect to any property, sub-
ject to the jurisdiction of the United States;’’;
(2) by striking after subparagraph (B), ‘‘by any
person, or with respect to any property, subject to the
jurisdiction of the United States.’’;
(3) in subparagraph (B)—
(A) by inserting after ‘‘investigate’’ the fol-
lowing: ‘‘, block during the pendency of an inves-
tigation for a period of not more than 90 days
(which may be extended by an additional 60
days if the President determines that such block-
ing is necessary to carry out the purposes of this
Act)’’; and
(B) by striking ‘‘interest;’’ and inserting
‘‘interest, by any person, or with respect to any
property, subject to the jurisdiction of the United
States; and’’; and
(4) by adding at the end the following new sub-
paragraph:
‘‘(C) when a statute has been enacted authorizing
the use of force by United States armed forces against
a foreign country, foreign organization, or foreign na-
tional, or when the United States has been subject to
an armed attack by a foreign country, foreign organi-
zation, or foreign national, confiscate any property,
subject to the jurisdiction of the United States, of any
foreign country, foreign organization, or foreign na-
tional against whom United States armed forces may
be used pursuant to such statute or, in the case of an
armed attack against the United States, that the
President determines has planned, authorized, aided,
or engaged in such attack; and
‘‘(i) all right, title, and interest in any
property so confiscated shall vest when, as, and
upon the terms directed by the President, in such
agency or person as the President may designate
from time to time,
‘‘(ii) upon such terms and conditions as the
President may prescribe, such interest or prop-
erty shall be held, used, administered, liquidated,
sold, or otherwise dealt with in the interest of
and for the benefit of the United States, except
that the proceeds of any such liquidation or sale,
or any cash assets, shall be segregated from other
United States Government funds and shall be
used only pursuant to a statute authorizing the
expenditure of such proceeds or assets, and
‘‘(iii) such designated agency or person may
perform any and all acts incident to the accom-
plishment or furtherance of these purposes.’’.
SEC. 160. CLARIFICATION OF NO TECHNOLOGY MANDATES.
Nothing in this Act shall impose any additional tech-
nical obligation or requirement on a provider of wire or
electronic communication service or other person to furnish
facilities, services, or technical assistance.
SEC. 161. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED
DISCLOSURES.
(a) CHAPTER 119.—Section 2520 of title 18, United
States Code, is amended—
(1) by redesignating paragraph (2) of subsection
(c) as paragraph (3);
(2) by inserting after paragraph (1) of sub-
section (c) the following:
‘‘(2) In an action under this section by a citizen or
legal permanent resident of the United States against the
United States or any Federal investigative or law enforce-
ment officer (or against any State investigative or law en-
forcement officer for disclosure or unlawful use of informa-
tion obtained from Federal investigative or law enforcement
officers), the court may assess as damages whichever is the
greater of—
‘‘(A) the sum of actual damages suffered by the
plaintiff and any profits made by the violator as a
result of the violation; or
‘‘(B) statutory damages of whichever is the great-
er of $100 a day for each day of violation or
$10,000.’’; and
(3) by adding at the end the following:
‘‘(f) IMPROPER DISCLOSURE IS VIOLATION.—Any dis-
closure or use by an investigative or law enforcement officer
of information beyond the extent permitted by section 2517
is a violation of this chapter for purposes of section 2520(a).
‘‘(g) ADMINISTRATIVE DISCIPLINE.—If a court deter-
mines that the United States or any agency or bureau there-
of has violated any provision of this section and the court
finds that the circumstances surrounding the violation raise
questions of whether or not an officer or employee thereof
acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding
to determine whether or not disciplinary action is war-
ranted against the officer or employee who was responsible
for the violation. In such case, if the head of the agency
or bureau determines discipline is not appropriate, he or
she shall report his or her conclusions and the reasons there-
for to the Deputy Inspector General for Civil Rights, Civil
Liberties, and the Federal Bureau of Investigation.
‘‘(h) ACTIONS AGAINST THE UNITED STATES.—Any
action against the United States shall be conducted under
the procedures of the Federal Tort Claims Act. Any award
against the United States shall be deducted from the budget
of the appropriate agency or bureau employing or man-
aging the officer or employee who was responsible for the
violation.’’.
(b) CHAPTER 121.—Section 2707 of title 18, United
States Code, is amended—
(1) in subsection (c), by inserting ‘‘(1)’’ before
‘‘The court’’;
(2) by adding at the end of subsection (c) the fol-
lowing:
‘‘(2) In an action under this section by a citizen or
legal permanent resident of the United States against the
United States or any Federal investigative or law enforce-
ment officer (or against any State investigative or law en-
forcement officer for disclosure or unlawful use of informa-
tion obtained from Federal investigative or law enforcement
officers), the court may assess as damages whichever is the
greater of—
‘‘(A) the sum of actual damages suffered by the
plaintiff and any profits made by the violator as a
result of the violation; or
‘‘(B) statutory damages of $10,000.’’; and
(3) by adding at the end the following:
‘‘(f) IMPROPER DISCLOSURE IS VIOLATION.—Any dis-
closure or use by an investigative or law enforcement officer
of information beyond the extent permitted by section 2517
is a violation of this chapter for purposes of section 2707(a).
‘‘(g) ADMINISTRATIVE DISCIPLINE.—If a court deter-
mines that the United States or any agency or bureau there-
of has violated any provision of this section and the court
finds that the circumstances surrounding the violation raise
questions of whether or not an officer or employee thereof
acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding
to determine whether or not disciplinary action is war-
ranted against the officer or employee who was responsible
for the violation. In such case, if the head of the agency
or bureau determines discipline is not appropriate, he or
she shall report his or her conclusions and the reasons there-
for to the Deputy Inspector General for Civil Rights, Civil
Liberties, and the Federal Bureau of Investigation.
‘‘(h) ACTIONS AGAINST THE UNITED STATES.—Any
action against the United States shall be conducted under
the procedures of the Federal Tort Claims Act. Any award
against the United States shall be deducted from the budget
of the appropriate agency or bureau employing or man-
aging the officer or employee who was responsible for the
violation.’’.
(c) CHAPTER 206.—
(1) IN
GENERAL.—Chapter 206 of title 18,
United States Code, is amended by adding at the end
the following:
‘‘§ 3128. Civil action
‘‘(a) CAUSE OF ACTION.—Except as provided in sub-
sections (d) and (e) of section 3124, any person aggrieved
by any violation of this chapter may in a civil action re-
cover from the person or entity which engaged in that viola-
tion such relief as may be appropriate.
‘‘(b) RELIEF.—In any action under this section, ap-
propriate relief includes—
‘‘(1) such preliminary and other equitable or de-
claratory relief as may be appropriate;
‘‘(2) damages under subsection (c) and punitive
damages in appropriate cases; and
‘‘(3) a reasonable attorney’s fee and other litiga-
tion costs reasonably incurred.
‘‘(c) DAMAGES.—In any action under this section, the
court may assess as damages whichever is the greater of—
‘‘(1) the sum of the actual damages suffered by
the plaintiff and any profits made by the violator as
a result of the violation; or
‘‘(2) statutory damages of $10,000.
‘‘(d) LIMITATION.—A civil action under this section
may not be commenced later than 2 years after the date
upon which the claimant first has a reasonable opportunity
to discover the violation.
‘‘(e) IMPROPER DISCLOSURE IS VIOLATION.—Any dis-
closure or use by an investigative or law enforcement officer
of information beyond the extent permitted by section 2517
is a violation of this chapter for purposes of section 3128(a).
‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court deter-
mines that the United States or any agency or bureau there-
of has violated any provision of this section and the court
finds that the circumstances surrounding the violation raise
questions of whether or not an officer or employee thereof
acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding
to determine whether or not disciplinary action is war-
ranted against the officer or employee who was responsible
for the violation. In such case, if the head of the agency
or bureau determines discipline is not appropriate, he or
she shall report his or her conclusions and the reasons there-
for to the Deputy Inspector General for Civil Rights, Civil
Liberties, and the Federal Bureau of Investigation.
‘‘(g) ACTIONS AGAINST THE UNITED STATES.—Any
action against the United States shall be conducted under
the procedures of the Federal Tort Claims Act. Any award
against the United States shall be deducted from the budget
of the appropriate agency or bureau employing or man-
aging the officer or employee who was responsible for the
violation.’’.
(2) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 206 of title 18, United States Code,
is amended by adding at the end the following new item:
‘‘3128. Civil action.’’.
(d) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.—(1) Section 110 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1810) is amended—
(A) by inserting ‘‘(a)’’ before ‘‘CIVIL ACTION.—
’’;
(B) by inserting ‘‘or entity’’ after ‘‘shall have a
cause of action against any person’’;
(C) by striking ‘‘(a) actual’’ and inserting ‘‘(1)
actual’’;
(D) by striking ‘‘(b) punitive’’ and inserting
‘‘(2) punitive’’;
(E) by striking ‘‘(c) reasonable’’ and inserting
‘‘(3) reasonable’’;
(F) 
by 
striking 
‘‘$1,000’’ 
and 
inserting
‘‘$10,000’’; and
(G) by adding at the end the following new sub-
sections:
‘‘(b) LIMITATION.—A civil action under this section
may not be commenced later than 2 years after the date
upon which the claimant first has a reasonable opportunity
to discover the violation.
‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court deter-
mines that the United States or any agency or bureau there-
of has violated any provision of this section and the court
finds that the circumstances surrounding the violation raise
questions of whether or not an officer or employee thereof
acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding
to determine whether or not disciplinary action is war-
ranted against the officer or employee who was responsible
for the violation. In such case, if the head of the agency
or bureau determines discipline is not appropriate, the head
shall report conclusions for the determination and the rea-
sons therefor to the Deputy Inspector General for Civil
Rights, Civil Liberties, and the Federal Bureau of Inves-
tigation.
‘‘(d) ACTIONS AGAINST THE UNITED STATES.—Any
action against the United States shall be conducted under
the procedures of the Federal Tort Claims Act. Any award
against the United States shall be deducted from the budget
of the appropriate agency or bureau employing or man-
aging the officer or employee who was responsible for the
violation.’’.
(2) Section 308 of the the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1828) is amended—
(A) by inserting ‘‘(a) CIVIL ACTION.—’’ before
‘‘An aggrieved person,’’;
(B) by inserting ‘‘or entity’’ after ‘‘shall have a
cause of action against any person’’;
(C) 
by 
striking 
‘‘$1,000’’ 
and 
inserting
‘‘$10,000’’; and
(D) by adding at the end the following new sub-
sections:
‘‘(b) LIMITATION.—A civil action under this section
may not be commenced later than 2 years after the date
upon which the claimant first has a reasonable opportunity
to discover the violation.
‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court deter-
mines that the United States or any agency or bureau there-
of has violated any provision of this section and the court
finds that the circumstances surrounding the violation raise
questions of whether or not an officer or employee thereof
acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding
to determine whether or not disciplinary action is war-
ranted against the officer or employee who was responsible
for the violation. In such case, if the head of the agency
or bureau determines discipline is not appropriate, the head
shall report the conclusions for the determination and the
reasons therefor to the Deputy Inspector General for Civil
Rights, Civil Liberties, and the Federal Bureau of Inves-
tigation.
‘‘(d) ACTIONS AGAINST THE UNITED STATES.—Any
action against the United States shall be conducted under
the procedures of the Federal Tort Claims Act. Any award
against the United States shall be deducted from the budget
of the appropriate agency or bureau employing or man-
aging the officer or employee who was responsible for the
violation.’’.
(3)(A) Title IV of the the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1841 et seq.) is amended by
adding at the end the following new sections:
‘‘PENALTIES
‘‘SEC. 407. (a) PROHIBITED ACTIVITIES.—A person is
guilty of an offense if the person intentionally—
‘‘(1) installs or uses a pen register or trap and
trace device under color of law except as authorized
by statute; or
‘‘(2) discloses or uses information obtained under
color of law by using a pen register or trap and trace
device, knowing or having reason to know that the in-
formation was obtained through using a pen register
or trap and trace device not authorized by statute.
‘‘(b) DEFENSE.—It is a defense to a prosecution under
subsection (a) that the defendant was a law enforcement
or investigative officer engaged in the course of his official
duties and the pen register or trap and trace device was
authorized by and conducted pursuant to a search warrant
or court order of a court of competent jurisdiction.
‘‘(c) PENALTIES.—An offense described in this section
is punishable by a fine of not more than $10,000 or impris-
onment for not more than five years, or both.
‘‘(d) FEDERAL JURISDICTION .—There is Federal ju-
risdiction over an offense under this section if the person
committing the offense was an officer or employee of the
United States at the time the offense was committed.
‘‘CIVIL LIABILITY
‘‘SEC. 408. (a) CIVIL ACTION.—An aggrieved person,
other than a foreign power or an agent of a foreign power,
as defined in section 101(a) or (b)(1)(A), respectively, who
has been subjected to a pen register or trap and trace device
or about whom information obtained by a pen register or
trap and trace device has been disclosed or used in violation
of section 407 shall have a cause of action against any per-
son or entity who committed such violation and shall be
entitled to recover—
‘‘(1) actual damages, but not less than liquidated
damages of $10,000, whichever is greater;
‘‘(2) punitive damages; and
‘‘(3) reasonable attorney’s fees and other inves-
tigation and litigation costs reasonably incurred.
‘‘(b) LIMITATION.—A civil action under this section
may not be commenced later than 2 years after the date
upon which the claimant first has a reasonable opportunity
to discover the violation.
‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court deter-
mines that the United States or any agency or bureau there-
of has violated any provision of this section and the court
finds that the circumstances surrounding the violation raise
questions of whether or not an officer or employee thereof
acted willfully or intentionally with respect to the violation,
the agency or bureau shall promptly initiate a proceeding
to determine whether or not disciplinary action is war-
ranted against the officer or employee who was responsible
for the violation. In such case, if the head of the agency
or bureau determines discipline is not appropriate, the head
shall report the conclusions for the determination and the
reasons therefor to the Deputy Inspector General for Civil
Rights, Civil Liberties, and the Federal Bureau of Inves-
tigation.
‘‘(d) ACTIONS AGAINST THE UNITED STATES.—Any
action against the United States shall be conducted under
the procedures of the Federal Tort Claims Act. Any award
against the United States shall be deducted from the budget
of the appropriate agency or bureau employing or man-
aging the officer or employee who was responsible for the
violation.’’.
(B) The table of contents at the beginning of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by adding at the end of the items relat-
ing to title IV the following new items:
‘‘Sec. 407. Penalties.
‘‘Sec. 408. Civil liability.’’.
SEC. 162. SUNSET.
This title and the amendments made by this title
(other than sections 106 (relating to technical amendment),
109 (relating to clarification of scope), and 159 (relating
to presidential authority)) and the amendments made by
those sections shall take effect on the date of enactment of
this Act and shall cease to have any effect on December 31,
2003.
TITLE II—ALIENS ENGAGING IN
TERRORIST ACTIVITY
Subtitle A—Detention and Removal
of Aliens Engaging in Terrorist
Activity
SEC. 201. CHANGES IN CLASSES OF ALIENS WHO ARE INELI-
GIBLE FOR ADMISSION AND DEPORTABLE
DUE TO TERRORIST ACTIVITY.
(a) ALIENS INELIGIBLE FOR ADMISSION DUE TO TER-
RORIST ACTIVITIES.—Section 212(a)(3)(B) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is
amended—
(1) in clause (i)—
(A) in subclauses (I), (II), and (III), by
striking the comma at the end and inserting a
semicolon;
(B) by amending subclause (IV) to read as
follows:
‘‘(IV) is a representative of—
‘‘(a) a foreign terrorist orga-
nization, as designated by the
Secretary of State under section
219; or
‘‘(b) a political, social, or
other similar group whose public
endorsement of terrorist activity
the Secretary of State has deter-
mined undermines the efforts of
the United States to reduce or
eliminate terrorist activities;’’;
(C) in subclause (V), by striking any
comma at the end, by striking any ‘‘or’’ at the
end, and by adding ‘‘; or’’ at the end; and
(D) by inserting after subclause (V) the fol-
lowing:
‘‘(VI) has used the alien’s promi-
nence within a foreign state or the
United States to endorse or espouse ter-
rorist activity, or to persuade others to
support terrorist activity or a terrorist
organization, in a way that the Sec-
retary of State has determined under-
mines the efforts of the United States
to reduce or eliminate terrorist activi-
ties;’’;
(2) in clause (ii)—
(A) in the matter preceding subclause (I),
by striking ‘‘(or which, if committed in the
United States,’’ and inserting ‘‘(or which, if it
had been or were to be committed in the United
States,’’; and
(B) in subclause (V)(b), by striking ‘‘explo-
sive or firearm’’ and inserting ‘‘explosive, fire-
arm, or other object’’;
(3) by amending clause (iii) to read as follows:
‘‘(iii) ENGAGE IN TERRORIST ACTIVITY
DEFINED.—As used in this Act, the term
‘engage in terrorist activity’ means, in an
individual capacity or as a member of an
organization—
‘‘(I) to commit a terrorist activ-
ity;
‘‘(II) to plan or prepare to com-
mit a terrorist activity;
‘‘(III) to gather information on
potential targets for a terrorist activ-
ity;
‘‘(IV) to solicit funds or other
things of value for—
‘‘(a) a terrorist activity;
‘‘(b) an organization des-
ignated as a foreign terrorist or-
ganization under section 219; or
‘‘(c) a terrorist organization
described in clause (v)(II), but
only if the solicitor knows, or rea-
sonably should know, that the so-
licitation would further a terrorist
activity;
‘‘(V) to solicit any individual—
‘‘(a) to engage in conduct
otherwise described in this clause;
‘‘(b) for membership in a ter-
rorist government;
‘‘(c) for membership in an
organization designated as a for-
eign terrorist organization under
section 219; or
‘‘(d) for membership in a ter-
rorist organization described in
clause (v)(II), but only if the so-
licitor 
knows, 
or 
reasonably
should know, that the solicitation
would further a terrorist activity;
or
‘‘(VI) to commit an act that the
actor knows, or reasonably should
know, affords material support, includ-
ing a safe house, transportation, com-
munications, funds, transfer of funds
or other material financial benefit,
false documentation or identification,
weapons (including chemical, biologi-
cal, and radiological weapons), explo-
sives, or training—
‘‘(a) for the commission of a
terrorist activity;
‘‘(b) to any individual who
the actor knows, or reasonably
should know, has committed or
plans to commit a terrorist activ-
ity;
‘‘(c) to an organization des-
ignated as a foreign terrorist or-
ganization under section 219; or
‘‘(d) to a terrorist organiza-
tion described in clause (v)(II),
but only if the actor knows, or
reasonably should know, that the
act would further a terrorist ac-
tivity.’’; and
(4) by adding at the end the following:
‘‘(v) TERRORIST
ORGANIZATION
DE-
FINED.—As used in this subparagraph, the
term ‘terrorist organization’ means—
‘‘(I) an organization designated
as a foreign terrorist organization
under section 219; or
‘‘(II) with regard to a group that
is not an organization described in
subclause (I), a group of 2 or more in-
dividuals, whether organized or not,
which engages in, or which has a sig-
nificant subgroup which engages in,
the activities described in subclause (I),
(II), or (III) of clause (iii).
‘‘(vi) SPECIAL
RULE
FOR
MATERIAL
SUPPORT.—Clause (iii)(VI)(b) shall not be
construed to include the affording of mate-
rial support to an individual who com-
mitted or planned to commit a terrorist ac-
tivity, if the alien establishes by clear and
convincing evidence that such support was
afforded only after such individual perma-
nently and publicly renounced, rejected the
use of, and had ceased to engage in, ter-
rorist activity.’’.
(b) ALIENS INELIGIBLE
FOR ADMISSION DUE
TO
ENDANGERMENT.—Section 212(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by
adding at the end the following:
‘‘(F) ENDANGERMENT.—Any alien who the
Secretary of State, after consultation with the
Attorney General, or the Attorney General, after
consultation with the Secretary of State, deter-
mines has been associated with a terrorist orga-
nization and intends while in the United States
to engage solely, principally, or incidentally in
activities that could endanger the welfare, safety,
or security of the United States is inadmis-
sible.’’.
(c) ALIENS DEPORTABLE DUE TO TERRORIST ACTIVI-
TIES.—Section 237(a)(4)(B) of the Immigration and Na-
tionality (8 U.S.C. 1227(a)(4)(B)) is amended to read as
follows:
‘‘(B) TERRORIST ACTIVITIES.—Any alien is
deportable who—
‘‘(i) has engaged, is engaged, or at any
time after admission engages in terrorist
activity 
(as 
defined 
in 
section
212(a)(3)(B)(iii));
‘‘(ii) is a representative (as defined in
section 212(a)(3)(B)(iv)) of—
‘‘(I) a foreign terrorist organiza-
tion, as designated by the Secretary of
State under section 219; or
‘‘(II) a political, social, or other
similar group whose public endorse-
ment of terrorist activity—
‘‘(a) is intended and likely to
incite or produce imminent law-
less action; and
‘‘(b) has been determined by
the Secretary of State to under-
mine the efforts of the United
States to reduce or eliminate ter-
rorist activities; or
‘‘(iii) has used the alien’s prominence
within a foreign state or the United
States—
‘‘(I) to endorse, in a manner that
is intended and likely to incite or
produce imminent lawless action and
that has been determined by the Sec-
retary of State to undermine the efforts
of the United States to reduce or elimi-
nate terrorist activities, terrorist activ-
ity; or
‘‘(II) to persuade others, in a
manner that is intended and likely to
incite or produce imminent lawless ac-
tion and that has been determined by
the Secretary of State to undermine the
efforts of the United States to reduce or
eliminate terrorist activities, to sup-
port terrorist activity or a terrorist or-
ganization (as defined in section
212(a)(3)(B)(v)).’’.
(d) RETROACTIVE APPLICATION OF AMENDMENTS.—
(1) IN
GENERAL.—The amendments made by
this section shall take effect on the date of the enact-
ment of this Act and shall apply to—
(A) actions taken by an alien before such
date, as well as actions taken on or after such
date; and
(B) all aliens, without regard to the date of
entry or attempted entry into the United
States—
(i) in removal proceedings on or after
such date (except for proceedings in which
there has been a final administrative 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, the amendments made by this
section shall apply to all aliens in exclusion or depor-
tation proceedings on or after the date of the enact-
ment of this Act (except for proceedings in which
there has been a final administrative decision before
such date) as if such proceedings were removal pro-
ceedings.
(3) SPECIAL RULE FOR SECTION 219 ORGANIZA-
TIONS.—
(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)(b), (V)(c), or (VI)(c) of section
212(a)(3)(B)(iii) of such Act (as so amended)
with respect to a group at any time when the
group was not a foreign terrorist organization
designated by the Secretary of State under sec-
tion 219 of such Act (8 U.S.C. 1189).
(B) 
CONSTRUCTION.—Subparagraph 
(A)
shall not be construed to prevent an alien from
being considered inadmissible or deportable for
having engaged in a terrorist activity—
(i) described in subclause (IV)(b),
(V)(c), 
or 
(VI)(c) 
of 
section
212(a)(3)(B)(iii) of such Act (as so amend-
ed) with respect to a foreign terrorist orga-
nization at any time when such organiza-
tion was designated by the Secretary of
State under section 219 of such Act; or
(ii) described in subclause (IV)(c),
(V)(d), 
or 
(VI)(d) 
of 
section
212(a)(3)(B)(iii) of such Act (as so amend-
ed) with respect to any group described in
any of such subclauses.
SEC. 202. CHANGES IN DESIGNATION OF FOREIGN TER-
RORIST ORGANIZATIONS.
(a) DESIGNATION OF FOREIGN TERRORIST ORGANIZA-
TIONS.—Section 219(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1189(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking
‘‘212(a)(3)(B));’’ and inserting ‘‘212(a)(3)(B)),
engages in terrorism (as defined in section
140(d)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)(2)), or retains the capability and intent
to engage in terrorist activity or to engage in
terrorism (as so defined);’’; and
(B) in subparagraph (C), by inserting ‘‘or
terrorism’’ after ‘‘activity’’;
(2) in paragraph (2)—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) NOTICE.—
‘‘(i) IN GENERAL.—Seven days before a
designation is made under this subsection,
the Secretary of State shall, by classified
communication, notify the Speaker and mi-
nority leader of the House of Representa-
tives, the President pro tempore, majority
leader, and minority leader of the Senate,
the members of the relevant committees, and
the Secretary of the Treasury, in writing, of
the intent to designate a foreign organiza-
tion under this subsection, together with the
findings made under paragraph (1) with re-
spect to that organization, and the factual
basis therefor.
‘‘(ii) PUBLICATION OF DESIGNATION.—
The Secretary of State shall publish the des-
ignation in the Federal Register seven days
after providing the notification under clause
(i).’’;
(B) in subparagraph (B), by striking ‘‘(A).’’
and inserting ‘‘(A)(ii).’’; and
(C) in subparagraph (C), by striking
‘‘paragraph (2),’’ and inserting ‘‘subparagraph
(A)(i),’’;
(3) in paragraph (3)(B), by striking ‘‘subsection
(c).’’ and inserting ‘‘subsection (b).’;
(4) in paragraph (4)(B), by inserting after the
first sentence the following: ‘‘The Secretary may also
redesignate such organization at the end of any 2-
year redesignation period (but not sooner than 60
days prior to the termination of such period) for an
additional 2-year period upon a finding that the rel-
evant circumstances described in paragraph (1) still
exist. Any redesignation shall be effective immediately
following the end of the prior 2-year designation or
redesignation period unless a different effective date is
provided in such redesignation.’’;
(5) in paragraph (6)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i),
by inserting ‘‘or a redesignation made
under paragraph (4)(B)’’ after ‘‘paragraph
(1)’’;
(ii) in clause (i)—
(I) by inserting ‘‘or redesigna-
tion’’ after ‘‘designation’’ the first
place it appears; and
(II) by striking ‘‘of the designa-
tion;’’ and inserting a semicolon; and
(iii) in clause (ii), by striking ‘‘of the
designation.’’ and inserting a period;
(B) in subparagraph (B), by striking
‘‘through (4)’’ and inserting ‘‘and (3)’’; and
(C) by adding at the end the following:
‘‘(C) EFFECTIVE
DATE.—Any revocation
shall take effect on the date specified in the rev-
ocation or upon publication in the Federal Reg-
ister if no effective date is specified.’’;
(6) in paragraph (7), by inserting ‘‘, or the rev-
ocation of a redesignation under paragraph (6),’’
after ‘‘(5) or (6)’’; and
(7) in paragraph (8)—
(A) by striking ‘‘(1)(B),’’ and inserting
‘‘(2)(B), or if a redesignation under this sub-
section has become effective under paragraph
(4)(B)’’;
(B) by inserting ‘‘or an alien in a removal
proceeding’’ after ‘‘criminal action’’; and
(C) by inserting ‘‘or redesignation’’ before
‘‘as a defense’’.
(b) AUTHORITY TO INITIATE DESIGNATIONS, REDES-
IGNATIONS, AND REVOCATIONS.—Section 219 of the Immi-
gration and Nationality Act (8 U.S.C. 1189), as amended
by subsection (a), is further amended—
(1) by striking ‘‘Secretary’’ each place such term
appears, excluding subparagraphs (A) and (C) of sub-
section (a)(2), and inserting ‘‘official specified under
subsection (d)’’;
(2) in subsection (c)—
(A) in paragraph (2), by adding ‘‘and’’ at
the end;
(B) in paragraph (3), by striking ‘‘; and’’
at the end and inserting a period; and
(C) by striking paragraph (4); and
(3) by adding at the end the following:
‘‘(d) IMPLEMENTATION
OF DUTIES
AND AUTHORI-
TIES.—
‘‘(1) BY SECRETARY OR ATTORNEY GENERAL.—
Except as otherwise provided in this subsection, the
duties under this section shall, and authorities under
this section may, be exercised by—
‘‘(A) the Secretary of State—
‘‘(i) after consultation with the Sec-
retary of the Treasury and with the concur-
rence of the Attorney General; or
‘‘(ii) upon instruction by the President
pursuant to paragraph (2); or
‘‘(B) the Attorney General—
‘‘(i) after consultation with the Sec-
retary of the Treasury and with the concur-
rence of the Secretary of State; or
‘‘(ii) upon instruction by the President
pursuant to paragraph (2).
‘‘(2) CONCURRENCE.—The Secretary of State
and the Attorney General shall each seek the other’s
concurrence in accordance with paragraph (1). In
any case in which such concurrence is denied or with-
held, the official seeking the concurrence shall so no-
tify the President and shall request the President to
make a determination as to how the issue shall be re-
solved. Such notification and request of the President
may not be made before the earlier of—
‘‘(A) the date on which a denial of concur-
rence is received; or
‘‘(B) the end of the 60-day period beginning
on the date the concurrence was sought.
‘‘(3) EXCEPTION.—It shall be the duty of the
Secretary of State to carry out the procedural re-
quirements of paragraphs (2)(A) and (6)(B) of sub-
section (a) in all cases, including cases in which a
designation or revocation is initiated by the Attorney
General.’’.
SEC. 203. 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 para-
graph (3).
‘‘(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 or found not to be in-
admissible or deportable, as the case may be. Except
as provided in paragraph (6), such custody shall be
maintained irrespective of any relief from removal for
which the alien may be eligible, or any relief from re-
moval granted the alien, until the Attorney General
determines that the alien is no longer an alien who
may be certified under paragraph (3).
‘‘(3) CERTIFICATION.—The Attorney General
may certify an alien under this paragraph if the 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 paragraph
(3) only to the Deputy Attorney General. The Deputy
Attorney General may not delegate such authority.
‘‘(5) COMMENCEMENT
OF
PROCEEDINGS.—The
Attorney General shall place an alien detained under
paragraph (1) in removal proceedings, or shall charge
the alien with a criminal offense, not later than 7
days after the commencement of such detention. If the
requirement of the preceding sentence is not satisfied,
the Attorney General shall release the alien.
‘‘(6) LIMITATION ON INDEFINITE DETENTION.—
An alien detained under paragraph (1) who has been
ordered removed based on one or more of the grounds
of inadmissibility or deportability referred to in
paragraph (3)(A), who has not been removed within
the 
removal 
period 
specified 
under 
section
241(a)(1)(A), and whose removal is unlikely in the
reasonably foreseeable future, may be detained for ad-
ditional periods of up to six months if the Attorney
General demonstrates that the release of the alien will
not protect the national security of the United States
or adequately ensure the safety of the community or
any person.
‘‘(b) HABEAS CORPUS AND JUDICIAL REVIEW.—Judi-
cial review of any action or decision relating to this section
(including judicial review of the merits of a determination
made under subsection (a)(3) or (a)(6)) is available exclu-
sively in habeas corpus proceedings initiated in the United
States District Court for the District of Columbia. Notwith-
standing any other provision of law, including section 2241
of title 28, United States Code, except as provided in the
preceding sentence, no court shall have jurisdiction to re-
view, by habeas corpus petition or otherwise, any such ac-
tion or decision.’’.
(b) CLERICAL AMENDMENT.—The table of contents of
the Immigration and Nationality Act is amended by insert-
ing after the item relating to section 236 the following:
‘‘Sec. 236A. Mandatory detention of suspected terrorists; habeas corpus; judicial
review.’’.
(c) REPORTS.—Not later than 6 months after the date
of the enactment of this Act, and every 6 months thereafter,
the Attorney General shall submit a report to the Committee
on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate, with respect to
the reporting period, on—
(1) the number of aliens certified under section
236A(a)(3) of the Immigration and Nationality Act,
as added by subsection (a);
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so
certified; and
(5) the number of aliens so certified who—
(A) were granted any form of relief from re-
moval;
(B) were removed;
(C) the Attorney General has determined
are no longer an alien who may be so certified;
or
(D) were released from detention.
SEC. 204. CHANGES IN CONDITIONS FOR GRANTING ASY-
LUM.
(a) IN GENERAL.—Section 208(b)(2)(A)(v) of the Im-
migration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v))
is amended—
(1) by striking ‘‘inadmissible under’’ each place
such term appears and inserting ‘‘described in’’; and
(2) by striking ‘‘removable under’’ and inserting
‘‘described in’’.
(b) RETROACTIVE APPLICATION OF AMENDMENTS.—
The amendments made by subsection (a) shall take effect
on the date of the enactment of this Act and shall apply
to—
(1) actions taken by an alien before such date,
as well as actions taken on or after such date; and
(2) all aliens, without regard to the date of entry
or attempted entry into the United States, whose ap-
plication for asylum is pending on or after such date
(except for applications with respect to which there
has been a final administrative decision before such
date).
SEC. 205. MULTILATERAL COOPERATION AGAINST TERROR-
ISTS.
Section 222(f) of the Immigration and Nationality Act
(8 U.S.C. 1202(f)) is amended—
(1) by striking ‘‘The records’’ and inserting ‘‘(1)
Subject to paragraphs (2) and (3), the records’’;
(2) by striking ‘‘United States,’’ and all that fol-
lows through the period at the end and inserting
‘‘United States.’’; and
(3) by adding at the end the following:
‘‘(2) In the discretion of the Secretary of State, cer-
tified copies of such records may be made available to a
court which certifies that the information contained in such
records is needed by the court in the interest of the ends
of justice in a case pending before the court.
‘‘(3)(A) Subject to the provisions of this paragraph, the
Secretary of State may provide copies of records of the De-
partment of State and of diplomatic and consular offices
of the United States (including the Department of State’s
automated visa lookout database) pertaining to the issuance
or refusal of visas or permits to enter the United States,
or information contained in such records, to foreign govern-
ments if the Secretary determines that it is necessary and
appropriate.
‘‘(B) Such records and information may be provided
on a case-by-case basis for the purpose of preventing, inves-
tigating, or punishing acts of terrorism. General access to
records and information may be provided under an agree-
ment to limit the use of such records and information to
the purposes described in the preceding sentence.
‘‘(C) The Secretary of State shall make any determina-
tion under this paragraph in consultation with any Federal
agency that compiled or provided such records or informa-
tion.
‘‘(D) To the extent possible, such records and informa-
tion shall be made available to foreign governments on a
reciprocal basis.’’.
SEC. 206. REQUIRING SHARING BY THE FEDERAL BUREAU
OF INVESTIGATION OF CERTAIN CRIMINAL
RECORD EXTRACTS WITH OTHER FEDERAL
AGENCIES IN ORDER TO ENHANCE BORDER
SECURITY.
(a) IN GENERAL.—Section 105 of the Immigration
and Nationality Act (8 U.S.C. 1105), is amended—
(1) in the section heading, by adding ‘‘AND DATA
EXCHANGE’’ at the end;
(2) by inserting ‘‘(a) LIAISON WITH INTERNAL
SECURITY OFFICERS.—’’ after ‘‘105.’’;
(3) by striking ‘‘the internal security of’’ and in-
serting ‘‘the internal and border security of’’; and
(4) by adding at the end the following:
‘‘(b) CRIMINAL HISTORY RECORD INFORMATION.—The
Attorney General and the Director of the Federal Bureau
of Investigation shall provide the Secretary of State and
the Commissioner access to the criminal history record in-
formation contained in the National Crime Information
Center’s Interstate Identification Index, Wanted Persons
File, and to any other files maintained by the National
Crime Information Center that may be mutually agreed
upon by the Attorney General and the official to be provided
access, for the purpose of determining whether a visa appli-
cant or applicant for admission has a criminal history
record indexed in any such file. Such access shall be pro-
vided by means of extracts of the records for placement in
the Department of State’s automated visa lookout database
or other appropriate database, and shall be provided with-
out any fee or charge. The Director of the Federal Bureau
of Investigation shall provide periodic updates of the ex-
tracts at intervals mutually agreed upon by the Attorney
General and the official provided access. Upon receipt of
such updated extracts, the receiving official shall make cor-
responding updates to the official’s databases and destroy
previously provided extracts. Such access to any extract
shall not be construed to entitle the Secretary of State to
obtain the full content of the corresponding automated
criminal history record. To obtain the full content of a
criminal history record, the Secretary of State shall submit
the applicant’s fingerprints and any appropriate finger-
print processing fee authorized by law to the Criminal Jus-
tice Information Services Division of the Federal Bureau
of Investigation.
‘‘(c) RECONSIDERATION.—The provision of the extracts
described in subsection (b) may be reconsidered by the At-
torney General and the receiving official upon the develop-
ment and deployment of a more cost-effective and efficient
means of sharing the information.
‘‘(d) REGULATIONS.—For purposes of administering
this section, the Secretary of State shall, prior to receiving
access to National Crime Information Center data, promul-
gate 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 In-
vestigation, in order—
‘‘(A) to limit the redissemination of such
information;
‘‘(B) to ensure that such information is
used solely to determine whether to issue a visa
to an individual;
‘‘(C) to ensure the security, confidentiality,
and destruction of such information; and
‘‘(D) to protect any privacy rights of indi-
viduals who are subjects of such information.’’.
(b) CLERICAL AMENDMENT.—The table of contents of
the Immigration and Nationality Act is amended by
amending the item relating to section 105 to read as follows:
‘‘Sec. 105. Liaison with internal security officers and data exchange.’’.
(c) EFFECTIVE DATE
AND IMPLEMENTATION.—The
amendments made by this section shall take effect on the
date of the enactment of this Act and shall be fully imple-
mented not later than 18 months after such date.
(d) REPORTING REQUIREMENT.—Not later than 2
years after the date of the enactment of this Act, the Attor-
ney General and the Secretary of State, jointly, shall report
to the Congress on the implementation of the amendments
made by this section.
(e) CONSTRUCTION.—Nothing in this section, or in
any other law, shall be construed to limit the authority of
the Attorney General or the Director of the Federal Bureau
of Investigation to provide access to the criminal history
record information contained in the National Crime Infor-
mation Center’s Interstate Identification Index, or to any
other information maintained by such center, to any Fed-
eral agency or officer authorized to enforce or administer
the immigration laws of the United States, for the purpose
of such enforcement or administration, upon terms that are
consistent with sections 212 through 216 of the National
Crime Prevention and Privacy Compact Act of 1998 (42
U.S.C. 14611 et seq.).
SEC. 207. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY
LAUNDERING.
(a) AMENDMENT TO IMMIGRATION AND NATIONALITY
ACT.—Section 212(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(2)) is amended by adding at
the end the following:
‘‘(I) MONEY LAUNDERING.—Any alien—
‘‘(i) who a consular officer or the At-
torney General knows, or has reason to be-
lieve, has engaged, is engaging, or seeks to
enter the United States to engage, in an of-
fense which is described in section 1956 of
title 18, United States Code (relating to
laundering of monetary instruments); or
‘‘(ii) who a consular officer or the At-
torney General knows is, or has been, a
knowing 
aider, 
abettor, 
assister, 
con-
spirator, or colluder with others in an of-
fense which is described in such section;
is inadmissible.’’.
(b) MONEY LAUNDERING WATCHLIST.—Not later than
90 days after the date of the enactment of this Act, the Sec-
retary of State shall develop, implement, and certify to the
Congress that there has been established a money laundering
watchlist, which identifies individuals worldwide who are
known or suspected of money laundering, which is readily
accessible to, and shall be checked by, a consular or other
Federal official prior to the issuance of a visa or admission
to the United States. The Secretary of State shall develop
and continually update the watchlist in cooperation with
the Attorney General, the Secretary of the Treasury, and
the Director of Central Intelligence.
SEC. 208. PROGRAM TO COLLECT INFORMATION RELATING
TO NONIMMIGRANT FOREIGN STUDENTS AND
OTHER EXCHANGE PROGRAM PARTICIPANTS.
(a) CHANGES IN DEADLINES.—Section 641 of the Ille-
gal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1372) is amended—
(1) in subsection (f), by striking ‘‘Not later than
4 years after the commencement of the program estab-
lished under subsection (a),’’ and inserting ‘‘Not later
than 120 days after the date of the enactment of the
PATRIOT Act of 2001,’’; and
(2) in subsection (g)(1), by striking ‘‘12 months’’
and inserting ‘‘120 days’’.
(b) INCREASED FEE FOR CERTAIN STUDENTS.—Sec-
tion 641(e)(4)(A) of the Illegal Immigration Reform and
Immigrant 
Responsibility 
Act 
of 
1996 
(8 
U.S.C.
1372(e)(4)(A)) is amended by adding at the end the fol-
lowing: ‘‘In the case of an alien who is a national of a
country, the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has
repeatedly provided support for acts of international ter-
rorism, the Attorney General may impose on, and collect
from, the alien a fee that is greater than that imposed on
other aliens described in paragraph (3).’’.
(c) DATA EXCHANGE.—Section 641 of the Illegal Im-
migration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372) is amended—
(1) by redesignating subsection (h) as subsection
(i); and
(2) by inserting after subsection (g) the fol-
lowing:
‘‘(h) DATA EXCHANGE.—Notwithstanding any other
provision of law, the Attorney General shall provide to the
Secretary of State and the Director of the Federal Bureau
of Investigation the information collected under subsection
(a)(1).’’.
SEC. 209. PROTECTION OF NORTHERN BORDER.
There are authorized to be appropriated—
(1) such sums as may be necessary to triple the
number of Border Patrol personnel (from the number
authorized under current law) in each State along the
northern border;
(2) such sums as may be necessary to triple the
number of Immigration and Naturalization Service
inspectors (from the number authorized under current
law) at ports of entry in each State along the north-
ern border; and
(3) an additional $50,000,000 to the Immigra-
tion and Naturalization Service for purposes of en-
hancing technology for security and enforcement at
the northern border, such as infrared technology and
technology that enhances coordination between the
Governments of Canada and the United States gen-
erally and specifically between Canadian police and
the Federal Bureau of Investigation.
Subtitle B—Preservation of Immi-
gration Benefits for Victims of
Terrorism
SEC. 211. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL.—For purposes of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), the Attorney
General may provide an alien described in subsection (b)
with the status of a special immigrant under section
101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the alien—
(1) files with the Attorney General a petition
under section 204 of such Act (8 U.S.C. 1154) for
classification under section 203(b)(4) of such Act (8
U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility, the grounds for inadmissibility 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—
(i) a petition that was filed with the
Attorney General on or before September 11,
2001—
(I) under section 204 of the Immi-
gration 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 author-
ize the issuance of a nonimmigrant
visa 
to 
the 
alien 
under 
section
101(a)(15)(K) of such Act (8 U.S.C.
1101(a)(15)(K)); or
(ii) an application for labor 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 a speci-
fied terrorist activity that directly resulted 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 con-
struing the terms ‘‘accompanying’’ and ‘‘fol-
lowing to join’’ in subparagraph (A)(ii), any
death of a principal alien that is described in
paragraph (1)(B)(i) shall be disregarded.
(3) GRANDPARENTS OF ORPHANS.—An alien is
described in this subsection if the alien is a grand-
parent of a child, both of whose parents died as a di-
rect result of a specified terrorist activity, if either of
such deceased parents was, on September 10, 2001, a
citizen or national of the United States or an alien
lawfully admitted for permanent residence in the
United States.
(c) PRIORITY DATE.—Immigrant visas made available
under this section shall be issued to aliens in the order in
which a petition on behalf of each such alien is filed with
the Attorney General under subsection (a)(1), except that
if an alien was assigned a priority date with respect to
a petition described in subsection (b)(1)(A)(i), the alien
may maintain that priority date.
(d) NUMERICAL LIMITATIONS.—For purposes of the
application of sections 201 through 203 of the Immigration
and Nationality Act (8 U.S.C. 1151–1153) in any fiscal
year, aliens eligible to be provided status under this section
shall be treated as special immigrants described in section
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not
described in subparagraph (A), (B), (C), or (K) of such sec-
tion.
SEC. 212. 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 sta-
tus otherwise would have terminated if this sub-
section 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 ac-
tivity.
(B) SPOUSES AND CHILDREN.—An alien is
described in this paragraph if the alien was, on
September 10, 2001, the spouse or child of—
(i) a principal alien described in sub-
paragraph (A); or
(ii) an alien who died as a direct re-
sult of a specified terrorist activity.
(3) AUTHORIZED EMPLOYMENT.—During the pe-
riod in which a principal alien or alien spouse is in
lawful nonimmigrant status under paragraph (1), the
alien shall be provided an ‘‘employment authorized’’
endorsement or other appropriate document signi-
fying authorization of employment not later than 30
days after the alien requests such authorization.
(b) NEW DEADLINES FOR EXTENSION OR CHANGE OF
NONIMMIGRANT STATUS.—
(1) FILING DELAYS.—In the case of an alien who
was lawfully present in the United States as a non-
immigrant on September 10, 2001, if the alien was
prevented from filing a timely application for an ex-
tension or change of nonimmigrant status as a direct
result of a specified terrorist activity, the alien’s ap-
plication shall be considered timely filed if it is filed
not later than 60 days after it otherwise would have
been due.
(2) DEPARTURE
DELAYS.—In the case of an
alien who was lawfully present in the United States
as a nonimmigrant on September 10, 2001, if the
alien is unable timely to depart the United States as
a direct result of a specified terrorist activity, the
alien shall not be considered to have been unlawfully
present in the United States during the period begin-
ning on September 11, 2001, and ending on the date
of the alien’s departure, if such departure occurs on
or before November 11, 2001.
(3) SPECIAL RULE FOR ALIENS UNABLE TO 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 application for
an extension of nonimmigrant status as a direct
result of a specified terrorist activity—
(i) the alien’s application shall be con-
sidered timely filed if it is filed not later
than 60 days after it otherwise would have
been due; and
(ii) the alien’s lawful nonimmigrant
status shall be considered to continue until
the later of—
(I) the date such status otherwise
would have terminated if this subpara-
graph had not been enacted; or
(II) the date that is 60 days after
the date on which the application de-
scribed 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.
(c) DIVERSITY IMMIGRANTS.—
(1) WAIVER OF FISCAL YEAR LIMITATION.—Not-
withstanding section 203(e)(2) of the Immigration
and Nationality Act (8 U.S.C. 1153(e)(2)), an immi-
grant visa number issued to an alien under section
203(c) of such Act for fiscal year 2001 may be used
by the alien during the period beginning on October
1, 2001, and ending on April 1, 2002, if the alien es-
tablishes that the alien was prevented from using it
during fiscal year 2001 as a direct result of a speci-
fied terrorist activity.
(2) WORLDWIDE LEVEL.—In the case of an alien
entering the United States as a lawful permanent
resident, or adjusting to that status, under paragraph
(1), the alien shall be counted as a diversity immi-
grant for fiscal year 2001 for purposes of section
201(e) of the Immigration and Nationality Act (8
U.S.C. 1151(e)), unless the worldwide level under such
section for such year has been exceeded, in which case
the alien shall be counted as a diversity immigrant
for fiscal year 2002.
(3) TREATMENT OF FAMILY MEMBERS OF 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 principal alien
died as a direct result of a specified terrorist activity,
the aliens who were, on September 10, 2001, the
spouse and children of such principal alien shall, if
not otherwise entitled to an immigrant status and the
immediate issuance of a visa under subsection (a),
(b), or (c) of section 203 of such Act, be entitled to
the same status, and the same order of consideration,
that would have been provided to such alien spouse or
child under section 203(d) of such Act if the principal
alien were not deceased.
(d) EXTENSION
OF
EXPIRATION
OF
IMMIGRANT
VISAS.—Notwithstanding the limitations under section
221(c) of the Immigration and Nationality Act (8 U.S.C.
1201(c)), in the case of any immigrant visa issued to an
alien that expires or expired before December 31, 2001, if
the alien was unable to effect entry to the United States
as a direct result of a specified terrorist activity, then the
period of validity of the visa is extended until December
31, 2001, unless a longer period of validity is otherwise pro-
vided under this subtitle.
(e) GRANTS OF PAROLE EXTENDED.—In the case of
any parole granted by the Attorney General under section
212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) that expires on a date on or after Sep-
tember 11, 2001, if the alien beneficiary of the parole was
unable to return to the United States prior to the expiration
date as a direct result of a specified terrorist activity, the
parole is deemed extended for an additional 90 days.
(f) VOLUNTARY DEPARTURE.—Notwithstanding 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 vol-
untary departure period is deemed extended for an addi-
tional 30 days.
SEC. 213. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING
SPOUSES AND CHILDREN.
(a) TREATMENT
AS IMMEDIATE RELATIVES.—Not-
withstanding the second sentence of section 201(b)(2)(A)(i)
of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)), in the case of an alien who was the
spouse of a citizen of the United States at the time of the
citizen’s death and was not legally separated from the cit-
izen at the time of the citizen’s death, if the citizen died
as a direct result of a specified terrorist activity, the alien
(and each child of the alien) shall be considered, for pur-
poses of section 201(b) of such Act, to remain an immediate
relative after the date of the citizen’s death, but only if the
alien files a petition under section 204(a)(1)(A)(ii) of such
Act within 2 years after such date and only until the date
the alien remarries.
(b) SPOUSES, CHILDREN, UNMARRIED SONS
AND
DAUGHTERS
OF
LAWFUL
PERMANENT
RESIDENT
ALIENS.—
(1) IN GENERAL.—Any spouse, child, or 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 before
September 11, 2001, shall be considered (if the spouse,
child, son, or daughter has not been admitted or ap-
proved for lawful permanent residence by such date)
a valid petitioner for preference status under such sec-
tion with the same priority date as that assigned
prior to the death described in paragraph (3)(A). No
new petition shall be required to be filed. Such spouse,
child, son, or daughter may be eligible for deferred ac-
tion and work authorization.
(2) SELF-PETITIONS.—Any spouse, child, or un-
married 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 ter-
rorist activity; and
(B) on the day of such death, was lawfully
admitted for permanent residence in the United
States.
(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY
SURVIVING SPOUSES
AND CHILDREN
OF EMPLOYMENT-
BASED IMMIGRANTS.—
(1) IN GENERAL.—Any alien who was, on Sep-
tember 10, 2001, the spouse or child of an alien de-
scribed in paragraph (2), and who applied for adjust-
ment of status prior to the death described in para-
graph (2)(A), may have such application adjudicated
as if such death had not occurred.
(2) ALIENS DESCRIBED.—An alien is described
in this paragraph if the alien—
(A) died as a direct result of a specified ter-
rorist 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 sta-
tus 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 deter-
mining the admissibility of any alien accorded an immi-
gration benefit under this section, the grounds for inadmis-
sibility specified in section 212(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(4)) shall not apply.
SEC. 214. ‘‘AGE-OUT’’ PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), in the case
of an alien—
(1) whose 21st birthday occurs in September
2001, and who is the beneficiary of a petition or ap-
plication filed under such Act on or before September
11, 2001, the alien shall be considered to be a child
for 90 days after the alien’s 21st birthday for pur-
poses of adjudicating such petition or application;
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 September
11, 2001, the alien shall be considered to be a child
for 45 days after the alien’s 21st birthday for pur-
poses of adjudicating such petition or application.
SEC. 215. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or
to ensure family unity, may provide temporary adminis-
trative relief to any alien who—
(1) was lawfully present in the United States on
September 10, 2001;
(2) was on such date the spouse, parent, or child
of an individual who died or was disabled as a direct
result of a specified terrorist activity; and
(3) is not otherwise entitled to relief under any
other provision of this subtitle.
SEC. 216. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF
EMPLOYMENT.
(a) IN GENERAL.—The Attorney General shall estab-
lish appropriate standards for evidence demonstrating, for
purposes of this subtitle, that any of the following occurred
as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage
to, or destruction of, a business.
(b) WAIVER OF REGULATIONS.—The Attorney General
shall carry out subsection (a) as expeditiously as possible.
The Attorney General is not required to promulgate regula-
tions prior to implementing this subtitle.
SEC. 217. 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. 218. DEFINITIONS.
(a) APPLICATION OF IMMIGRATION AND NATIONALITY
ACT PROVISIONS.—Except as otherwise specifically pro-
vided in this subtitle, the definitions used in the Immigra-
tion and Nationality Act (excluding the definitions applica-
ble exclusively to title III of such Act) shall apply in the
administration of this subtitle.
(b) SPECIFIED TERRORIST ACTIVITY.—For purposes of
this subtitle, the term ‘‘specified terrorist activity’’ means
any terrorist activity conducted against the Government or
the people of the United States on September 11, 2001.
TITLE III—CRIMINAL JUSTICE
Subtitle A—Substantive Criminal
Law
SEC. 301. STATUTE OF LIMITATION FOR PROSECUTING TER-
RORISM OFFENSES.
(a) IN GENERAL.—Section 3286 of title 18, United
States Code, is amended to read as follows:
‘‘§ 3286. Terrorism offenses
‘‘(a) An indictment may be found or an information
instituted at any time without limitation for any Federal
terrorism offense or any of the following offenses:
‘‘(1) A violation of, or an attempt or conspiracy
to violate, section 32 (relating to destruction of air-
craft or aircraft facilities), 37(a)(1) (relating to vio-
lence at international airports), 175 (relating to bio-
logical weapons), 229 (relating to chemical weapons),
351(a)–(d) (relating to congressional, cabinet, and
Supreme Court assassination and kidnaping), 791
(relating to harboring terrorists), 831 (relating to nu-
clear materials), 844(f) or (i) when it relates to bomb-
ing (relating to arson and bombing of certain prop-
erty), 1114(1) (relating to protection of officers and
employees of the United States), 1116, if the offense
involves murder (relating to murder or manslaughter
of foreign officials, official guests, or internationally
protected persons), 1203 (relating to hostage taking),
1751(a)–(d) (relating to Presidential and Presidential
staff assassination and kidnaping), 2332(a)(1) (relat-
ing to certain homicides and other violence against
United States nationals occurring outside of the
United States), 2332a (relating to use of weapons of
mass destruction), 2332b (relating to acts of terrorism
transcending national boundaries) of this title.
‘‘(2) Section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954
(42 U.S.C. 2284);
‘‘(3) Section 601 (relating to disclosure of identi-
ties of covert agents) of the National Security Act of
1947 (50 U.S.C. 421).
‘‘(4) Section 46502 (relating to aircraft piracy)
of title 49.
‘‘(b) An indictment may be found or an information
instituted within 15 years after the offense was committed
for any of the following offenses:
‘‘(1) Section 175b (relating to biological weap-
ons), 842(m) or (n) (relating to plastic explosives),
930(c) if it involves murder (relating to possessing a
dangerous weapon in a Federal facility), 956 (relat-
ing to conspiracy to injure property of a foreign gov-
ernment), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7)
(relating to protection of computers), 1362 (relating
to destruction of communication lines, stations, or
systems), 1366 (relating to destruction of an energy
facility), 1992 (relating to trainwrecking), 2152 (re-
lating to injury of fortifications, harbor defenses, or
defensive sea areas), 2155 (relating to destruction of
national defense materials, premises, or utilities),
2156 (relating to production of defective national de-
fense materials, premises, or utilities), 2280 (relating
to violence against maritime navigation), 2281 (relat-
ing to violence against maritime fixed platforms),
2339A (relating to providing material support to ter-
rorists), 2339B (relating to providing material sup-
port to terrorist organizations), or 2340A (relating to
torture).
‘‘(2) Any of the following provisions of title 49:
the second sentence of section 46504 (relating to as-
sault on a flight crew with a dangerous weapon), sec-
tion 46505(b)(3), (relating to explosive or incendiary
devices, or endangerment of human life by means of
weapons, on aircraft), section 46506 if homicide or
attempted homicide is involved, or section 60123(b)
(relating to destruction of interstate gas or hazardous
liquid pipeline facility) of title 49.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 213 of title 18, United States Code,
is amended by amending the item relating to section 3286
to read as follows:
‘‘3286. Terrorism offenses.’’.
(c) APPLICATION.—The amendments made by this sec-
tion shall apply to the prosecution of any offense committed
before, on, or after the date of enactment of this section.
SEC. 302. ALTERNATIVE MAXIMUM PENALTIES FOR TER-
RORISM CRIMES.
Section 3559 of title 18, United States Code, is amend-
ed by adding after subsection (d) the following:
‘‘(e) AUTHORIZED TERMS
OF IMPRISONMENT
FOR
TERRORISM CRIMES.—A person convicted of any Federal
terrorism offense may be sentenced to imprisonment for any
term of years or for life, notwithstanding any maximum
term of imprisonment specified in the law describing the
offense. The authorization of imprisonment under this sub-
section is supplementary to, and does not limit, the avail-
ability of any other penalty authorized by the law describ-
ing the offense, including the death penalty, and does not
limit the applicability of any mandatory minimum term
of imprisonment, including any mandatory life term, pro-
vided by the law describing the offense.’’.
SEC. 303. PENALTIES FOR TERRORIST CONSPIRACIES.
Chapter 113B of title 18, United States Code, is
amended—
(1) by inserting after section 2332b the following:
‘‘§ 2332c. Attempts and conspiracies
‘‘(a) Except as provided in subsection (c), any person
who attempts or conspires to commit any Federal terrorism
offense shall be subject to the same penalties as those pre-
scribed for the offense, the commission of which was the ob-
ject of the attempt or conspiracy.
‘‘(b) Except as provided in subsection (c), any person
who attempts or conspires to commit any offense described
in section 25(2) shall be subject to the same penalties as
those prescribed for the offense, the commission of which was
the object of the attempt or conspiracy.
‘‘(c) A death penalty may not be imposed by operation
of this section.’’; and
(2) in the table of sections at the beginning of the
chapter, by inserting after the item relating to section
2332b the following new item:
‘‘2332c. Attempts and conspiracies.’’.
SEC. 304. TERRORISM CRIMES AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or (F)’’ and inserting ‘‘(F)’’;
and
(2) by striking ‘‘financial gain.’’ and inserting
‘‘financial gain, or (G) any act that is a Federal ter-
rorism offense or is indictable under any of the fol-
lowing provisions of law: section 32 (relating to de-
struction of aircraft or aircraft facilities), 37(a)(1)
(relating to violence at international airports), 175
(relating to biological weapons), 229 (relating to
chemical weapons), 351(a)–(d) (relating to congres-
sional, cabinet, and Supreme Court assassination and
kidnaping), 831 (relating to nuclear materials),
842(m) or (n) (relating to plastic explosives), 844(f)
or (i) when it involves a bombing (relating to arson
and bombing of certain property), 930(c) when it in-
volves an attack on a Federal facility, 1114 when it
involves murder (relating to protection of officers and
employees of the United States), 1116 when it in-
volves murder (relating to murder or manslaughter of
foreign officials, official guests, or internationally
protected persons), 1203 (relating to hostage taking),
1362 (relating to destruction of communication lines,
stations, or systems), 1366 (relating to destruction of
an energy facility), 1751(a)–(d) (relating to Presi-
dential and Presidential staff assassination and kid-
naping), 1992 (relating to trainwrecking), 2280 (re-
lating to violence against maritime navigation), 2281
(relating to violence against maritime fixed plat-
forms), 2332a (relating to use of weapons of mass de-
struction), 2332b (relating to acts of terrorism tran-
scending national boundaries), 2339A (relating to
providing material support to terrorists), 2339B (re-
lating to providing material support to terrorist orga-
nizations), or 2340A (relating to torture) of this title;
section 236 (relating to sabotage of nuclear facilities
or fuel) of the Atomic Energy Act of 1954 (42 U.S.C.
2284); or section 46502 (relating to aircraft piracy)
or 60123(b) (relating to destruction of interstate gas
or hazardous liquid pipeline facility) of title 49;’’.
SEC. 305. BIOLOGICAL WEAPONS.
Chapter 10 of title 18, United States Code, is
amended—
(1) in section 175—
(A) in subsection (b)—
(i) by striking, ‘‘section, the’’ and in-
serting ‘‘section—
‘‘(1) the’’;
(ii) by striking ‘‘does not include’’ and
inserting ‘‘includes’’;
(iii) by inserting ‘‘other than’’ after
‘‘system for’’; and
(iv) by striking ‘‘purposes.’’ and insert-
ing ‘‘purposes, and
‘‘(2) the terms biological agent and toxin do not
encompass any biological agent or toxin that is in its
naturally-occurring environment, if the biological
agent or toxin has not been cultivated, collected, or
otherwise extracted from its natural source.’’;
(B) by redesignating subsection (b) as sub-
section (c); and
(C) by inserting after subsection (a) the fol-
lowing:
‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly pos-
sesses any biological agent, toxin, or delivery system of a
type or in a quantity that, under the circumstances, is not
reasonably justified by a prophylactic, protective, or other
peaceful purpose, shall be fined under this title, imprisoned
not more than 10 years, or both.’’;
(2) by inserting after section 175a the following:
‘‘§ 175b. Possession by restricted persons
‘‘(a) No restricted person described in subsection (b)
shall ship or transport in interstate or foreign commerce,
or possess in or affecting commerce, any biological agent
or toxin, or receive any biological agent or toxin that has
been shipped or transported in interstate or foreign com-
merce, if the biological agent or toxin is listed as a select
agent in subsection (j) of section 72.6 of title 42, Code of
Federal Regulations, pursuant to section 511(d)(1) of the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104–132), and is not exempted under sub-
section (h) of such section 72.6, or Appendix A of part 72
of such title; except that the term select agent does not in-
clude any such biological agent or toxin that is in its natu-
rally-occurring environment, if the biological agent or toxin
has not been cultivated, collected, or otherwise extracted
from its natural source.
‘‘(b) As used in this section, the term ‘restricted person’
means an individual who—
‘‘(1) is under indictment for a crime punishable
by imprisonment for a term exceeding 1 year;
‘‘(2) has been convicted in any court of a crime
punishable by imprisonment for a term exceeding 1
year;
‘‘(3) is a fugitive from justice;
‘‘(4) is an unlawful user of any controlled sub-
stance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
‘‘(5) is an alien illegally or unlawfully in the
United States;
‘‘(6) has been adjudicated as a mental defective
or has been committed to any mental institution; or
100
‘‘(7) is an alien (other than an alien lawfully
admitted for permanent residence) who is a national
of a country as to which the Secretary of State, pur-
suant to section 6(j) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)), section 620A of
chapter 1 of part M of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), or section 40(d) of chapter 3
of the Arms Export Control Act (22 U.S.C. 2780(d)),
has made a determination that remains in effect that
such country has repeatedly provided support for acts
of international terrorism.
‘‘(c) As used in this section, the term ‘alien’ has the
same meaning as that term is given in section 1010(a)(3)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)), and the term ‘lawfully’ admitted for perma-
nent residence has the same meaning as that term is given
in section 101(a)(20) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(20)).
‘‘(d) Whoever knowingly violates this section shall be
fined under this title or imprisoned not more than ten
years, or both, but the prohibition contained in this section
shall not apply with respect to any duly authorized govern-
mental activity under title V of the National Security Act
of 1947.’’; and
101
(3) in the table of sections in the beginning of
such chapter, by inserting after the item relating to
section 175a the following:
‘‘175b. Possession by restricted persons.’’.
SEC. 306. SUPPORT OF TERRORISM THROUGH EXPERT AD-
VICE OR ASSISTANCE.
Section 2339A of title 18, United States Code, is
amended—
(1) in subsection (a)—
(A) by striking ‘‘a violation’’ and all that
follows through ‘‘49’’ and inserting ‘‘any Federal
terrorism offense or any offense described in sec-
tion 25(2)’’; and
(B) by striking ‘‘violation,’’ and inserting
‘‘offense,’’; and
(2) in subsection (b), by inserting ‘‘expert advice
or assistance,’’ after ‘‘training,’’.
SEC. 307. PROHIBITION AGAINST HARBORING.
(a) Title 18, United States Code, is amended by insert-
ing before section 792 the following:
‘‘§ 791. Prohibition against harboring
‘‘Whoever harbors or conceals any person who he knows
has committed, or is about to commit, an offense described
in section 25(2) or this title shall be fined under this title
or imprisoned not more than ten years or both. There is
extraterritorial Federal jurisdiction over any violation of
102
this section or any conspiracy or attempt to violate this
section. A violation of this section or of such a conspiracy
or attempt may be prosecuted in any Federal judicial dis-
trict in which the underlying offense was committed, or in
any other Federal judicial district as provided by law.’’.
(b) The table of sections at the beginning of chapter
37 of title 18, United States Code, is amended by inserting
before the item relating to section 792 the following:
‘‘791.
Prohibition against harboring.’’.
SEC. 308. POST-RELEASE SUPERVISION OF TERRORISTS.
Section 3583 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(j) SUPERVISED RELEASE TERMS FOR TERRORISM
OFFENSES.—Notwithstanding subsection (b), the author-
ized terms of supervised release for any Federal terrorism
offense are any term of years or life.’’.
SEC. 309. DEFINITION.
(a) Chapter 1 of title 18, United States Code, is
amended—
(1) by adding after section 24 a new section as
follows:
‘‘§ 25. Federal terrorism offense defined
‘‘As used in this title, the term ‘Federal terrorism of-
fense’ means an offense that is—
103
‘‘(1) is calculated to influence or affect the con-
duct of government by intimidation or coercion; or to
retaliate against government conduct; and
‘‘(2) is a violation of, or an attempt or con-
spiracy to violate- section 32 (relating to destruction
of aircraft or aircraft facilities), 37 (relating to vio-
lence at international airports), 81 (relating to arson
within special maritime and territorial jurisdiction),
175, 175b (relating to biological weapons), 229 (relat-
ing to chemical weapons), 351(a)–(d) (relating to con-
gressional, cabinet, and Supreme Court assassination
and kidnaping), 791 (relating to harboring terror-
ists), 831 (relating to nuclear materials), 842(m) or
(n) (relating to plastic explosives), 844(f) or (i) (relat-
ing to arson and bombing of certain property),
930(c), 956 (relating to conspiracy to injure property
of a foreign government), 1030(a)(1), 1030(a)(5)(A),
or 1030(a)(7) (relating to protection of computers),
1114 (relating to protection of officers and employees
of the United States), 1116 (relating to murder or
manslaughter of foreign officials, official guests, or
internationally protected persons), 1203 (relating to
hostage taking), 1361 (relating to injury of Govern-
ment property or contracts), 1362 (relating to de-
struction of communication lines, stations, or sys-
104
tems), 1363 (relating to injury to buildings or prop-
erty within special maritime and territorial jurisdic-
tion of the United States), 1366 (relating to destruc-
tion of an energy facility), 1751(a)–(d) (relating to
Presidential and Presidential staff assassination and
kidnaping), 1992, 2152 (relating to injury of for-
tifications, harbor defenses, or defensive sea areas),
2155 (relating to destruction of national defense ma-
terials, premises, or utilities), 2156 (relating to pro-
duction of defective national defense materials, prem-
ises, or utilities), 2280 (relating to violence against
maritime navigation), 2281 (relating to violence
against maritime fixed platforms), 2332 (relating to
certain homicides and other violence against United
States nationals occurring outside of the United
States), 2332a (relating to use of weapons of mass de-
struction), 2332b (relating to acts of terrorism tran-
scending national boundaries), 2339A (relating to
providing material support to terrorists), 2339B (re-
lating to providing material support to terrorist orga-
nizations), or 2340A (relating to torture);
‘‘(3) section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954
(42 U.S.C. 2284);
105
‘‘(4) section 601 (relating to disclosure of identi-
ties of covert agents) of the National Security Act of
1947 (50 U.S.C. 421); or
‘‘(5) any of the following provisions of title 49:
section 46502 (relating to aircraft piracy), the second
sentence of section 46504 (relating to assault on a
flight crew with a dangerous weapon), section
46505(b)(3), (relating to explosive or incendiary de-
vices, or endangerment of human life by means of
weapons, on aircraft), section 46506 if homicide or
attempted homicide is involved, or section 60123(b)
(relating to destruction of interstate gas or hazardous
liquid pipeline facility) of title 49.’’; and
(2) in the table of sections in the beginning of
such chapter, by inserting after the item relating to
section 24 the following:
‘‘25. Federal terrorism offense defined.’’.
(b) Section 2332b(g)(5)(B) of title 18, United States
Code, is amended by striking ‘‘is a violation’’ and all that
follows through ‘‘title 49’’ and inserting ‘‘is a Federal ter-
rorism offense’’.
(c) Section 2331 of title 18, United States Code, is
amended—
(1) in paragraph (1)(B)—
(A) by inserting ‘‘(or to have the effect)’’
after ‘‘intended’’; and
106
(B) in clause (iii), by striking ‘‘by assas-
sination or kidnapping’’ and inserting ‘‘(or any
function thereof) by mass destruction, assassina-
tion, or kidnapping (or threat thereof)’’;
(2) in paragraph (3), by striking ‘‘and’’;
(3) in paragraph (4), by striking the period and
inserting ‘‘; and’’; and
(4) by inserting the following paragraph (4):
‘‘(5) the term ‘domestic terrorism’ means activi-
ties that—
‘‘(A) involve acts dangerous to human life
that are a violation of the criminal laws of the
United States or of any State; and
‘‘(B) appear to be intended (or to have the
effect)—
‘‘(i) to intimidate or coerce a civilian
population;
‘‘(ii) to influence the policy of a gov-
ernment by intimidation or coercion; or
‘‘(iii) to affect the conduct of a govern-
ment (or any function thereof) by mass de-
struction, assassination, or kidnapping (or
threat thereof).’’.
107
SEC. 310. CIVIL DAMAGES.
Section 2707(c) of title 18, United States Code, is
amended by striking ‘‘$1,000’’ and inserting ‘‘$10,000’’.
Subtitle B—Criminal Procedure
SEC. 351. SINGLE-JURISDICTION SEARCH WARRANTS FOR
TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure
is amended by inserting after ‘‘executed’’ the following:
‘‘and (3) in an investigation of domestic terrorism or inter-
national terrorism (as defined in section 2331 of title 18,
United States Code), by a Federal magistrate judge in any
district court of the United States (including a magistrate
judge of such court), or any United States Court of Appeals,
having jurisdiction over the offense being investigated, for
a search of property or for a person within or outside the
district’’.
SEC. 352. DNA IDENTIFICATION OF TERRORISTS.
Section 3(d)(1) of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135a(d)(1)) is amended—
(1) by redesignating subparagraph (G) as sub-
paragraph (H); and
(2) by inserting after subparagraph (F) the a
new subparagraph as follows:
‘‘(G) Any Federal terrorism offense (as defined
in section 25 of title 18, United States Code).’’.
108
SEC. 353. GRAND JURY MATTERS.
Rule 6(e)(3)(C) of the Federal Rules of Criminal Pro-
cedure is amended—
(1) by adding after clause (iv) the following:
‘‘(v) when permitted by a court at the
request of an attorney for the government,
upon a showing that the matters pertain to
international or domestic terrorism (as de-
fined in section 2331 of title 18, United
States Code) or national security, to any
Federal law enforcement, intelligence, na-
tional security, national defense, protective,
immigration personnel, or to the President
or Vice President of the United States, for
the performance of official duties.’’;
(2) by striking ‘‘or’’ at the end of clause (iii);
and
(3) by striking the period at the end of clause
(iv) and inserting ‘‘; or’’.
SEC. 354. EXTRATERRITORIALITY.
Chapter 113B of title 18, United States Code, is
amended—
(1) in the heading for section 2338, by striking
‘‘Exclusive’’;
(2) in section 2338, by inserting ‘‘There is
extraterritorial Federal jurisdiction over any Federal
109
terrorism offense and any offense under this chapter,
in addition to any extraterritorial jurisdiction that
may exist under the law defining the offense, if the
person committing the offense or the victim of the of-
fense is a national of the United States (as defined
in section 101 of the Immigration and Nationality
Act) or if the offense is directed at the security or in-
terests of the United States.’’ before ‘‘The district
courts’’; and
(3) in the table of sections at the beginning of
such chapter, by striking ‘‘Exclusive’’ in the item re-
lating to section 2338.
SEC. 355. JURISDICTION OVER CRIMES COMMITTED AT
UNITED STATES FACILITIES ABROAD.
Section 7 of title 18, United States Code, is amended
by adding at the end the following:
‘‘(9)(A) With respect to offenses committed by or
against a United States national, as defined in sec-
tion 1203(c) of this title—
‘‘(i) 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 the land appurtenant or ancillary
110
thereto, irrespective of ownership, used for pur-
poses of those missions or entities; and
‘‘(ii) residences in foreign states and the
land appurtenant or ancillary thereto, irrespec-
tive of ownership, used for purposes of those mis-
sions or entities or used by United States per-
sonnel assigned to those missions or entities, ex-
cept that this paragraph does not supercede any
treaty or international agreement in force on the
date of the enactment of this paragraph.
‘‘(B) This paragraph does not apply with respect
to an offense committed by a person described in sec-
tion 3261(a).’’.
SEC. 356. SPECIAL AGENT AUTHORITIES.
(a) GENERAL AUTHORITY OF SPECIAL AGENTS.—Sec-
tion 37(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2709(a)) is amended—
(1) by striking paragraph (2) and inserting the
following:
‘‘(2) in the course of performing the functions set
forth in paragraphs (1) and (3), obtain and execute
search and arrest warrants, as well as obtain and
serve subpoenas and summonses, issued under the au-
thority of the United States;’’;
111
(2) in paragraph (3)(F) by inserting ‘‘or Presi-
dent-elect’’ after ‘‘President’’; and
(3) by striking paragraph (5) and inserting the
following:
‘‘(5) in the course of performing the functions set
forth in paragraphs (1) and (3), make arrests without
warrant for any offense against the United States
committed in the presence of the special agent, or for
any felony cognizable under the laws of the United
States if the special agent has reasonable grounds to
believe that the person to be arrested has committed
or is committing such felony.’’.
(b) CRIMES.—Section 37 of such Act (22 U.S.C. 2709)
is amended by inserting after subsection (c) the following
new subsections:
‘‘(d) INTERFERENCE WITH AGENTS.—Whoever know-
ingly and willfully obstructs, resists, or interferes with a
Federal law enforcement agent engaged in the performance
of the protective functions authorized by this section shall
be fined under title 18 or imprisoned not more than one
year, or both.
‘‘(e) PERSONS
UNDER
PROTECTION
OF
SPECIAL
AGENTS.—Whoever engages in any conduct—
‘‘(1) directed against an individual entitled to
protection under this section, and
112
‘‘(2) which would constitute a violation of sec-
tion 112 or 878 of title 18, United States Code, if
such individual were a foreign official, an official
guest, or an internationally protected person, shall be
subject to the same penalties as are provided for such
conduct directed against an individual subject to pro-
tection under such section of title 18.’’.
TITLE IV—FINANCIAL
INFRASTRUCTURE
SEC. 401. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States Code,
is amended by inserting ‘‘or 2339B’’ after ‘‘2339A’’.
SEC. 402. MATERIAL SUPPORT FOR TERRORISM.
Section 2339A of title 18, United States Code, is
amended—
(1) in subsection (a), by adding at the end the
following ‘‘A violation of this section may be pros-
ecuted in any Federal judicial district in which the
underlying offense was committed, or in any other
Federal judicial district as provided by law.’’; and
(2) in subsection (b), by striking ‘‘or other finan-
cial securities’’ and inserting ‘‘or monetary instru-
ments or financial securities’’.
113
SEC. 403. ASSETS OF TERRORIST ORGANIZATIONS.
Section 981(a)(1) of title 18, United States Code, is
amended by inserting after subparagraph (F) the following:
‘‘(G) All assets, foreign or domestic—
‘‘(i) of any person, entity, or organization
engaged in planning or perpetrating any act of
domestic terrorism or international terrorism (as
defined in section 2331) against the United
States, citizens or residents of the United States,
or their property, and all assets, foreign or do-
mestic, affording any person a source of influ-
ence over any such entity or organization;
‘‘(ii) acquired or maintained by any person
for the purpose of supporting, planning, con-
ducting, or concealing an act of domestic ter-
rorism or international terrorism (as defined in
section 2331) against the United States, citizens
or residents of the United States, or their prop-
erty; or
‘‘(iii) derived from, involved in, or used or
intended to be used to commit any act of domes-
tic terrorism or international terrorism (as de-
fined in section 2331) against the United States,
citizens or residents of the United States, or their
property.’’.
114
SEC. 404. TECHNICAL CLARIFICATION RELATING TO PROVI-
SION OF MATERIAL SUPPORT TO TERRORISM.
No provision of title IX of Public Law 106–387 shall
be understood to limit or otherwise affect section 2339A or
2339B of title 18, United States Code.
SEC. 405. DISCLOSURE OF TAX INFORMATION IN TER-
RORISM AND NATIONAL SECURITY INVES-
TIGATIONS.
(a) DISCLOSURE WITHOUT A REQUEST OF INFORMA-
TION RELATING TO TERRORIST ACTIVITIES, ETC.—Para-
graph (3) of section 6103(i) of the Internal Revenue Code
of 1986 (relating to disclosure of return information to ap-
prise appropriate officials of criminal activities or emer-
gency circumstances) is amended by adding at the end the
following new subparagraph:
‘‘(C) TERRORIST ACTIVITIES, ETC.—
‘‘(i) IN GENERAL.—Except as provided
in paragraph (6), the Secretary may dis-
close in writing return information (other
than taxpayer return information) that
may be related to a terrorist incident,
threat, or activity to the extent necessary to
apprise the head of the appropriate Federal
law enforcement agency responsible for in-
vestigating or responding to such terrorist
incident, threat, or activity. The head of the
115
agency may disclose such return informa-
tion to officers and employees of such agen-
cy to the extent necessary to investigate or
respond to such terrorist incident, threat, or
activity.
‘‘(ii) DISCLOSURE
TO
THE
DEPART-
MENT OF JUSTICE.—Returns and taxpayer
return information may also be disclosed to
the Attorney General under clause (i) to the
extent necessary for, and solely for use in
preparing, an application under paragraph
(7)(D).
‘‘(iii) TAXPAYER IDENTITY.—For pur-
poses of this subparagraph, a taxpayer’s
identity shall not be treated as taxpayer re-
turn information.
‘‘(iv) 
TERMINATION.—No 
disclosure
may be made under this subparagraph after
December 31, 2003.’’.
(b) DISCLOSURE UPON REQUEST OF INFORMATION
RELATING TO TERRORIST ACTIVITIES, ETC.—Subsection
(i) of section 6103 of such Code (relating to disclosure to
Federal officers or employees for administration of Federal
laws not relating to tax administration) is amended by re-
116
designating paragraph (7) as paragraph (8) and by insert-
ing after paragraph (6) the following new paragraph:
‘‘(7) DISCLOSURE UPON REQUEST OF INFORMA-
TION RELATING TO TERRORIST ACTIVITIES, ETC.—
‘‘(A) DISCLOSURE TO LAW ENFORCEMENT
AGENCIES.—
‘‘(i) IN GENERAL.—Except as provided
in paragraph (6), upon receipt by the Sec-
retary of a written request which meets the
requirements of clause (iii), the Secretary
may disclose return information (other than
taxpayer return information) to officers and
employees of any Federal law enforcement
agency who are personally and directly en-
gaged in the response to or investigation of
terrorist incidents, threats, or activities.
‘‘(ii) DISCLOSURE
TO
STATE
AND
LOCAL LAW ENFORCEMENT AGENCIES.—The
head of any Federal law enforcement agency
may disclose return information obtained
under clause (i) to officers and employees of
any State or local law enforcement agency
but only if such agency is part of a team
with the Federal law enforcement agency in
such response or investigation and such in-
117
formation is disclosed only to officers and
employees who are personally and directly
engaged in such response or investigation.
‘‘(iii) 
REQUIREMENTS.—A 
request
meets the requirements of this clause if—
‘‘(I) the request is made by the
head of any Federal law enforcement
agency (or his delegate) involved in the
response to or investigation of terrorist
incidents, threats, or activities, and
‘‘(II) the request sets forth the spe-
cific reason or reasons why such disclo-
sure may be relevant to a terrorist in-
cident, threat, or activity.
‘‘(iv) LIMITATION ON USE OF INFORMA-
TION.—Information disclosed under this
subparagraph shall be solely for the use of
the officers and employees to whom such in-
formation is disclosed in such response or
investigation.
‘‘(B) DISCLOSURE TO INTELLIGENCE AGEN-
CIES.—
‘‘(i) IN GENERAL.—Except as provided
in paragraph (6), upon receipt by the Sec-
retary of a written request which meets the
118
requirements of clause (ii), the Secretary
may disclose return information (other than
taxpayer return information) to those offi-
cers and employees of the Department of
Justice, the Department of the Treasury,
and other Federal intelligence agencies who
are personally and directly engaged in the
collection or analysis of intelligence and
counterintelligence information or inves-
tigation concerning terrorists and terrorist
organizations and activities. For purposes
of the preceding sentence, the information
disclosed under the preceding sentence shall
be solely for the use of such officers and em-
ployees in such investigation, collection, or
analysis.
‘‘(ii) 
REQUIREMENTS.—A 
request
meets the requirements of this subparagraph
if the request—
‘‘(I) is made by an individual de-
scribed in clause (iii), and
‘‘(II) sets forth the specific reason
or reasons why such disclosure may be
relevant to a terrorist incident, threat,
or activity.
119
‘‘(iii) REQUESTING INDIVIDUALS.—An
individual described in this subparagraph
is an individual—
‘‘(I) who is an officer or employee
of the Department of Justice or the De-
partment of the Treasury who is ap-
pointed by the President with the ad-
vice and consent of the Senate or who
is the Director of the United States Se-
cret Service, and
‘‘(II) who is responsible for the
collection and analysis of intelligence
and 
counterintelligence 
information
concerning terrorists and terrorist or-
ganizations and activities.
‘‘(iv) TAXPAYER IDENTITY.—For pur-
poses of this subparagraph, a taxpayer’s
identity shall not be treated as taxpayer re-
turn information.
‘‘(C) DISCLOSURE
UNDER
EX
PARTE
OR-
DERS.—
‘‘(i) IN GENERAL.—Except as provided
in paragraph (6), any return or return in-
formation with respect to any specified tax-
able period or periods shall, pursuant to
120
and upon the grant of an ex parte order by
a Federal district court judge or magistrate
under clause (ii), be open (but only to the
extent necessary as provided in such order)
to inspection by, or disclosure to, officers
and employees of any Federal law enforce-
ment agency or Federal intelligence agency
who are personally and directly engaged in
any investigation, response to, or analysis
of intelligence and counterintelligence infor-
mation concerning any terrorist activity or
threats. Return or return information
opened pursuant to the preceding sentence
shall be solely for the use of such officers
and employees in the investigation, re-
sponse, or analysis, and in any judicial,
administrative, or grand jury proceedings,
pertaining to any such terrorist activity or
threat.
‘‘(ii) APPLICATION FOR ORDER.—The
Attorney General, the Deputy Attorney Gen-
eral, the Associate Attorney General, any
Assistant Attorney General, or any United
States attorney may authorize an applica-
tion to a Federal district court judge or
121
magistrate for the order referred to in clause
(i). Upon such application, such judge or
magistrate may grant such order if he de-
termines on the basis of the facts submitted
by the applicant that—
‘‘(I) there is reasonable cause to
believe, based upon information be-
lieved to be reliable, that the taxpayer
whose return or return information is
to be disclosed may be connected to a
terrorist activity or threat,
‘‘(II) there is reasonable cause to
believe that the return or return infor-
mation may be relevant to a matter re-
lating to such terrorist activity or
threat, and
‘‘(III) the return or return infor-
mation is sought exclusively for use in
a Federal investigation, analysis, or
proceeding concerning terrorist activ-
ity, terrorist threats, or terrorist orga-
nizations.
‘‘(D) SPECIAL RULE FOR EX PARTE DISCLO-
SURE BY THE IRS.—
122
‘‘(i) IN GENERAL.—Except as provided
in paragraph (6), the Secretary may au-
thorize an application to a Federal district
court judge or magistrate for the order re-
ferred to in subparagraph (C)(i). Upon such
application, such judge or magistrate may
grant such order if he determines on the
basis of the facts submitted by the applicant
that the requirements of subclauses (I) and
(II) of subparagraph (C)(ii) are met.
‘‘(ii) LIMITATION ON USE OF INFORMA-
TION.—Information disclosed under clause
(i)—
‘‘(I) may be disclosed only to the
extent necessary to apprise the head of
the appropriate Federal law enforce-
ment agency responsible for inves-
tigating or responding to a terrorist
incident, threat, or activity, and
‘‘(II) shall be solely for use in a
Federal investigation, analysis, or pro-
ceeding concerning terrorist activity,
terrorist threats, or terrorist organiza-
tions.
123
The head of such Federal agency may dis-
close such information to officers and em-
ployees of such agency to the extent nec-
essary to investigate or respond to such ter-
rorist incident, threat, or activity.
‘‘(E) TERMINATION.—No disclosure may be
made under this paragraph after December 31,
2003.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 6103(a)(2) of such Code is amended
by inserting ‘‘any local law enforcement agency re-
ceiving information under subsection (i)(7)(A),’’ after
‘‘State,’’.
(2) The heading of section 6103(i)(3) of such
Code is amended by inserting ‘‘OR TERRORIST’’ after
‘‘CRIMINAL’’.
(3) Paragraph (4) of section 6103(i) of such
Code is amended—
(A) in subparagraph (A) by inserting ‘‘or
(7)(C)’’ after ‘‘paragraph (1)’’, and
(B) in subparagraph (B) by striking ‘‘or
(3)(A)’’ and inserting ‘‘(3)(A) or (C), or (7)’’.
(4) Paragraph (6) of section 6103(i) of such
Code is amended—
124
(A) by striking ‘‘(3)(A)’’ and inserting
‘‘(3)(A) or (C)’’, and
(B) by striking ‘‘or (7)’’ and inserting ‘‘(7),
or (8)’’.
(5) 
Section 
6103(p)(3) 
of 
such 
Code 
is
amended—
(A) in subparagraph (A) by striking
‘‘(7)(A)(ii)’’ and inserting ‘‘(8)(A)(ii)’’, and
(B) in subparagraph (C) by striking
‘‘(i)(3)(B)(i)’’ and inserting ‘‘(i)(3)(B)(i) or
(7)(A)(ii)’’.
(6) 
Section 
6103(p)(4) 
of 
such 
Code 
is
amended—
(A) in the matter preceding subparagraph
(A)—
(i) by striking ‘‘or (5),’’ the first place
it appears and inserting ‘‘(5), or (7),’’, and
(ii) by striking ‘‘(i)(3)(B)(i)’’ and in-
serting ‘‘(i)(3)(B)(i) or (7)(A)(ii)’’, and
(B) in subparagraph (F)(ii) by striking ‘‘or
(5),’’ the first place it appears and inserting ‘‘(5)
or (7),’’.
(7) Section 6103(p)(6)(B)(i) of such Code is
amended by striking ‘‘(i)(7)(A)(ii)’’ and inserting
‘‘(i)(8)(A)(ii)’’.
125
(8) Section 7213(a)(2) of such Code is amended
by striking ‘‘(i)(3)(B)(i),’’ and inserting ‘‘(i)(3)(B)(i)
or (7)(A)(ii),’’.
(e) EFFECTIVE DATE.—The amendments made by this
section shall apply to disclosures made on or after the date
of the enactment of this Act.
SEC. 406. EXTRATERRITORIAL JURISDICTION.
Section 1029 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(h) Any person who, outside the jurisdiction of the
United States, engages in any act that, if committed within
the jurisdiction of the United States, would constitute an
offense under subsection (a) or (b) of this section, shall be
subject to the fines, penalties, imprisonment, and forfeiture
provided in this title if—
‘‘(1) the offense involves an access device issued,
owned, managed, or controlled by a financial institu-
tion, account issuer, credit card system member, or
other entity within the jurisdiction of the United
States; and
‘‘(2) the person transports, delivers, conveys,
transfers to or through, or otherwise stores, secrets, or
holds within the jurisdiction of the United States, any
article used to assist in the commission of the offense
126
or the proceeds of such offense or property derived
therefrom.’’.
TITLE V—EMERGENCY
AUTHORIZATIONS
SEC. 501. OFFICE OF JUSTICE PROGRAMS.
(a) In connection with the airplane hijackings and ter-
rorist acts (including, without limitation, any related
search, rescue, relief, assistance, or other similar activities)
that occurred on September 11, 2001, in the United States,
amounts transferred to the Crime Victims Fund from the
Executive Office of the President or funds appropriated to
the President shall not be subject to any limitation on obli-
gations from amounts deposited or available in the Fund.
(b) Section 112 of title I of section 101(b) of division
A of Public Law 105–277 and section 108(a) of the Depart-
ments of Commerce, Justice, and State, The Judiciary, and
Related Agencies Appropriations Act, 2000 (H.R. 3421 of
the 106th Congress, as enacted into law by section
1000(a)(1) of Public Law 106–113; Appendix A; 113 Stat.
1501A–20) are amended—
(1) after ‘‘that Office’’, each place it occurs, by
inserting ‘‘(including, notwithstanding any contrary
provision of law (unless the same should expressly
refer to this section), any organization that admin-
127
isters any program established in title I of Public
Law 90–351)’’; and
(2) by inserting ‘‘functions, including any’’ after
‘‘all’’.
(c) Section 1404B(b) of the Victims of Crime Act of
1984 (42 U.S.C. 10603b) is amended by inserting ‘‘, to vic-
tim service organizations, to public agencies (including
Federal, State, or local governments), and to non-govern-
mental organizations that provide assistance to victims of
crime,’’ after ‘‘programs’’.
(d) Section 1 of Public Law 107–37 is amended—
(1) by inserting ‘‘(containing identification of
all eligible payees of benefits under section 1201)’’ be-
fore ‘‘by a’’;
(2) by inserting ‘‘producing permanent and total
disability’’ after ‘‘suffered a catastrophic injury’’; and
(3) by striking ‘‘1201(a)’’ and inserting ‘‘1201’’.
SEC. 502. ATTORNEY GENERAL’S AUTHORITY TO PAY RE-
WARDS.
(a) IN GENERAL.—(1) Title 18, United States Code,
is amended by striking sections 3059 through 3059B and
inserting the following:
‘‘§ 3059. Rewards and appropriations therefor
‘‘(a) IN GENERAL.—Subject to subsection (b), the At-
torney General may pay rewards in accordance with proce-
128
dures and regulations established or issued by the Attorney
General.
‘‘(b) LIMITATIONS.— The following limitations apply
with respect to awards under subsection (a):
‘‘(1) No such reward, other than in connection
with a terrorism offense or as otherwise specifically
provided by law, shall exceed $2,000,000.
‘‘(2) No such reward of $250,000 or more may
be made or offered without the personal approval of
either the Attorney General or the President.
‘‘(3) The Attorney General shall give written no-
tice to the Chairmen and ranking minority members
of the Committees on Appropriations and the Judici-
ary of the Senate and the House of Representatives
not later than 30 days after the approval of a reward
under paragraph (2);
‘‘(4) Any executive agency or military depart-
ment (as defined, respectively, in sections 105 and
102 of title 5) may provide the Attorney General with
funds for the payment of rewards.
‘‘(5) Neither the failure to make or authorize
such a reward nor the amount of any such reward
made or authorized shall be subject to judicial review.
129
‘‘(c) DEFINITION.—In this section, the term ‘reward’
means a payment pursuant to public advertisements for as-
sistance to the Department of Justice.’’.
(2) The items relating to sections 3059A through
3059B in the table of sections at the beginning of chapter
203 of title 18, United States Code, are repealed.
(b) CONFORMING AMENDMENTS.——
(1) Section 3075 of title 18, United States Code,
and that portion of section 3072 of title 18, United
States Code, that follows the first sentence, are re-
pealed.
(2) Public Law 101–647 is amended—
(A) in section 2565 (12 U.S.C. 4205)—
(i) by striking all the matter after
‘‘section 2561,’’ in subsection (c)(1) and in-
serting ‘‘the Attorney General may, in the
Attorney General’s discretion, pay a reward
to the declaring.’’; and
(ii) by striking subsection (e); and
(B) by striking section 2569 (12 U.S.C.
4209).
SEC. 503. LIMITED AUTHORITY TO PAY OVERTIME.
The matter under the headings ‘‘Immigration And
Naturalization Service: Salaries and Expenses, Enforce-
ment And Border Affairs’’ and ‘‘Immigration And Natu-
130
ralization Service: Salaries and Expenses, Citizenship And
Benefits, Immigration Support And Program Direction’’ in
the Department of Justice Appropriations Act, 2001 (as en-
acted into law by Appendix B (H.R. 5548) of Public Law
106–553 (114 Stat. 2762A–58 to 2762A–59)) is amended
by striking each place it occurs: ‘‘Provided’’ and all that
follows through ‘‘That none of the funds available to the
Immigration and Naturalization Service shall be available
to pay any employee overtime pay in an amount in excess
of $30,000 during the calendar year beginning January 1,
2001:’’.
SEC. 504. DEPARTMENT OF STATE REWARD AUTHORITY.
(a) CHANGES IN REWARD AUTHORITY.—Section 36 of
the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708) is amended—
(1) in subsection (b)—
(A) by striking ‘‘or’’ at the end of para-
graph (4);
(B) by striking the period at the end of
paragraph (5) and inserting ‘‘, including by dis-
mantling an organization in whole or significant
part; or’’; and
(C) by adding at the end the following new
paragraph:
131
‘‘(6) the identification or location of an indi-
vidual who holds a leadership position in a terrorist
organization.’’;
(2) in subsection (d), by striking paragraphs (2)
and (3) and redesignating paragraph (4) as para-
graph (2); and
(3) by amending subsection (e)(1) to read as fol-
lows:
‘‘(1) AMOUNT OF AWARD.—
‘‘(A) Except as provided in subparagraph
(B), no reward paid under this section may ex-
ceed $10,000,000.
‘‘(B) The Secretary of State may authorize
the payment of an award not to exceed
$25,000,000 if the Secretary determines that
payment of an award exceeding the amount
under subparagraph (A) is important to the na-
tional interest of the United States.’’.
(b) SENSE OF CONGRESS REGARDING REWARDS RE-
LATING TO THE SEPTEMBER 11, 2001 ATTACK.—It is the
sense of the Congress that the Secretary of State should use
the authority of section 36 of the State Department Basic
Authorities Act of 1956, as amended by subsection (a), to
offer a reward of $25,000,000 for Osama bin Laden and
132
other leaders of the September 11, 2001 attack on the United
States.
SEC. 505. AUTHORIZATION OF FUNDS FOR DEA POLICE
TRAINING IN SOUTH AND CENTRAL ASIA.
In addition to amounts otherwise available to carry
out section 481 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291), there is authorized to be appropriated to the
President not less than $5,000,000 for fiscal year 2002 for
regional antidrug training in the Republic of Turkey by
the Drug Enforcement Administration for police, as well
as increased precursor chemical control efforts in the South
and Central Asia region.
SEC. 506. PUBLIC SAFETY OFFICER BENEFITS.
(a) IN GENERAL.—Section 1201(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796) is amended by striking ‘‘$100,000’’ and in-
serting ‘‘$250,000’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall apply to any death or disability occurring on
or after January 1, 2001.
133
TITLE VI—DAM SECURITY
SEC. 601. SECURITY OF RECLAMATION DAMS, FACILITIES,
AND RESOURCES.
Section 2805(a) of the Reclamation Recreation Man-
agement Act of 1992 (16 U.S.C. 460l–33(a)) is amended
by adding at the end the following:
‘‘(3) Any person who violates any such regulation
which is issued pursuant to this Act shall be fined under
title 18, United States Code, imprisoned not more than 6
months, or both. Any person charged with a violation of
such regulation may be tried and sentenced by any United
States magistrate judge designated for that purpose by the
court by which such judge was appointed, in the same man-
ner and subject to the same conditions and limitations as
provided for in section 3401 of title 18, United States Code.
‘‘(4) The Secretary may—
‘‘(A) authorize law enforcement personnel from
the Department of the Interior to act as law enforce-
ment officers to maintain law and order and protect
persons and property within a Reclamation project or
on Reclamation lands;
‘‘(B) authorize law enforcement personnel of any
other Federal agency that has law enforcement au-
thority, with the exception of the Department of De-
fense, or law enforcement personnel of any State or
134
local government, including Indian tribes, when
deemed economical and in the public interest, and
with the concurrence of that agency or that State or
local government, to act as law enforcement officers
within a Reclamation project or on Reclamation
lands with such enforcement powers as may be so as-
signed them by the Secretary to carry out the regula-
tions promulgated under paragraph (2);
‘‘(C) cooperate with any State or local govern-
ment, including Indian tribes, in the enforcement of
the laws or ordinances of that State or local govern-
ment; and
‘‘(D) provide reimbursement to a State or local
government, including Indian tribes, for expenditures
incurred in connection with activities under subpara-
graph (B).
‘‘(5) Officers or employees designated or authorized by
the Secretary under paragraph (4) are authorized to—
‘‘(A) carry firearms within a Reclamation
project or on Reclamation lands and make arrests
without warrants for any offense against the United
States committed in their presence, or for any felony
cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to
be arrested has committed or is committing such a
135
felony, and if such arrests occur within a Reclama-
tion project or on Reclamation lands or the person to
be arrested is fleeing therefrom to avoid arrest;
‘‘(B) execute within a Reclamation project or on
Reclamation lands any warrant or other process
issued by a court or officer of competent jurisdiction
for the enforcement of the provisions of any Federal
law or regulation issued pursuant to law for an of-
fense committed within a Reclamation project or on
Reclamation lands; and
‘‘(C) conduct investigations within a Reclama-
tion project or on Reclamation lands of offenses
against the United States committed within a Rec-
lamation project or on Reclamation lands, if the Fed-
eral law enforcement agency having investigative ju-
risdiction over the offense committed declines to inves-
tigate the offense or concurs with such investigation.
‘‘(6)(A) Except as otherwise provided in this para-
graph, a law enforcement officer of any State or local gov-
ernment, including Indian tribes, designated to act as a
law enforcement officer under paragraph (4) shall not be
deemed a Federal employee and shall not be subject to the
provisions of law relating to Federal employment, including
those relating to hours of work, rates of compensation, em-
136
ployment discrimination, leave, unemployment compensa-
tion, and Federal benefits.
‘‘(B) For purposes of chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims
Act, a law enforcement officer of any State or local govern-
ment, including Indian tribes, shall, when acting as a des-
ignated law enforcement officer under paragraph (4) and
while under Federal supervision and control, and only
when carrying out Federal law enforcement responsibilities,
be considered a Federal employee.
‘‘(C) For purposes of subchapter I of chapter 81 of title
5, United States Code, relating to compensation to Federal
employees for work injuries, a law enforcement officer of
any State or local government, including Indian tribes,
shall, when acting as a designated law enforcement officer
under paragraph (4) and while under Federal supervision
and control, and only when carrying out Federal law en-
forcement responsibilities, be deemed a civil service em-
ployee of the United States within the meaning of the term
‘employee’ as defined in section 8101 of title 5, and the pro-
visions of that subchapter shall apply. Benefits under this
subchapter shall be reduced by the amount of any entitle-
ment to State or local workers’ compensation benefits aris-
ing out of the same injury or death.
137
‘‘(7) Nothing in paragraphs (3) through (9) shall be
construed or applied to limit or restrict the investigative
jurisdiction of any Federal law enforcement agency, or to
affect any existing right of a State or local government, in-
cluding Indian tribes, to exercise civil and criminal juris-
diction within a Reclamation project or on Reclamation
lands.
‘‘(8) For the purposes of this subsection, the term ‘law
enforcement personnel’ means employees of a Federal, State,
or local government agency, including an Indian tribal
agency, who have successfully completed law enforcement
training approved by the Secretary and are authorized to
carry firearms, make arrests, and execute service of process
to enforce criminal laws of their employing jurisdiction.
‘‘(9) The law enforcement authorities provided for in
this subsection may be exercised only pursuant to rules and
regulations promulgated by the Secretary and approved by
the Attorney General.’’.
TITLE VII—MISCELLANEOUS
SEC. 701. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL
BUREAU OF INVESTIGATION.
(a) AUTHORITY.—The Director of the Federal Bureau
of Investigation is authorized to expedite the employment
of personnel as translators to support counterterrorism in-
138
vestigations and operations without regard to applicable
Federal personnel requirements and limitations.
(b) SECURITY REQUIREMENTS.—The Director of the
Federal Bureau of Investigation shall establish such secu-
rity requirements as are necessary for the personnel em-
ployed as translators.
(c) REPORT.—The Attorney General shall report to the
Committees on the Judiciary of the House of Representa-
tives and the Senate on—
(1) the number of translators employed by the
FBI and other components of the Department of Jus-
tice;
(2) any legal or practical impediments to using
translators employed by other Federal State, or local
agencies, on a full, part-time, or shared basis; and
(3) the needs of the FBI for specific translation
services in certain languages, and recommendations
for meeting those needs.
SEC. 702. REVIEW OF THE DEPARTMENT OF JUSTICE.
(a) APPOINTMENT OF DEPUTY INSPECTOR GENERAL
FOR CIVIL RIGHTS, CIVIL LIBERTIES, AND THE FEDERAL
BUREAU OF INVESTIGATION.—The Inspector General of the
Department of Justice shall appoint a Deputy Inspector
General for Civil Rights, Civil Liberties, and the Federal
139
Bureau of Investigation (hereinafter in this section referred
to as the ‘‘Deputy’’).
(b) CIVIL RIGHTS AND CIVIL LIBERTIES REVIEW.—
The Deputy shall—
(1) review information alleging abuses of civil
rights, civil liberties, and racial and ethnic profiling
by government employees and officials including em-
ployees and officials of the Department of Justice;
(2) make public through the Internet, radio, tele-
vision, and newspaper advertisements information on
the responsibilities and functions of, and how to con-
tact, the Deputy; and
(3) submit to the Committee on the Judiciary of
the House of Representatives and the Committee on
the Judiciary of the Senate on a semi-annual basis
a report on the implementation of this subsection and
detailing any abuses described in paragraph (1), in-
cluding a description of the use of funds appropria-
tions used to carry out this subsection.
(c) INSPECTOR GENERAL OVERSIGHT PLAN FOR THE
FEDERAL BUREAU OF INVESTIGATION.—Not later than 30
days after the date of the enactment of this Act, the Inspec-
tor General of the Department of Justice shall submit to
the Congress a plan for oversight of the Federal Bureau of
140
Investigation. The Inspector General shall consider the fol-
lowing activities for inclusion in such plan:
(1) FINANCIAL SYSTEMS.—Auditing the financial
systems, information technology systems, and com-
puter security systems of the Federal Bureau of Inves-
tigation.
(2) PROGRAMS AND PROCESSES.—Auditing and
evaluating programs and processes of the Federal Bu-
reau of Investigation to identify systemic weaknesses
or implementation failures and to recommend correc-
tive action.
(3) INTERNAL AFFAIRS OFFICES.—Reviewing the
activities of internal affairs offices of the Federal Bu-
reau of Investigation, including the Inspections Divi-
sion and the Office of Professional Responsibility.
(4) PERSONNEL.—Investigating allegations of se-
rious misconduct by personnel of the Federal Bureau
of Investigation.
(5) OTHER PROGRAMS AND OPERATIONS.—Re-
viewing matters relating to any other program or and
operation of the Federal Bureau of Investigation that
the Inspector General determines requires review.
(6) RESOURCES.—Identifying resources needed
by the Inspector General to implement such plan.
141
(d) REVIEW
OF INVESTIGATIVE TOOLS.—Not later
than August 31, 2003, the Deputy shall review the imple-
mentation, use, and operation (including the impact on
civil rights and liberties) of the law enforcement and intel-
ligence authorities contained in title I of this Act and pro-
vide a report to the President and Congress.
SEC. 703. FEASIBILITY STUDY ON USE OF BIOMETRIC IDEN-
TIFIER SCANNING SYSTEM WITH ACCESS TO
THE FBI INTEGRATED AUTOMATED FINGER-
PRINT IDENTIFICATION SYSTEM AT OVER-
SEAS CONSULAR POSTS AND POINTS OF
ENTRY TO THE UNITED STATES.
(a) IN GENERAL.—The Attorney General, in consulta-
tion with the Secretary of State and the Secretary of Trans-
portation, shall conduct a study on the feasibility of uti-
lizing a biometric identifier (fingerprint) scanning system,
with access to the database of the Federal Bureau of Inves-
tigation Integrated Automated Fingerprint Identification
System, at consular offices abroad and at points of entry
into the United States to enhance the ability of State De-
partment and immigration officials to identify aliens who
may be wanted in connection with criminal or terrorist in-
vestigations in the United States or abroad prior to the
issuance of visas or entry into the United States.
142
(b) REPORT TO CONGRESS.—Not later than 90 days
after the date of the enactment of this Act, the Attorney
General shall submit a report summarizing the findings of
the study authorized under subsection (a) to the Committee
on International Relations and the Committee on the Judi-
ciary of the House of Representatives and the Committee
on Foreign Relations and the Committee on the Judiciary
of the Senate.
SEC. 704. STUDY OF ACCESS.
(a) IN GENERAL.—Not later than December 31, 2002,
the Federal Bureau of Investigation shall study and report
to Congress on the feasibility of providing to airlines access
via computer to the names of passengers who are suspected
of terrorist activity by Federal officials.
(b) AUTHORIZATION.—There are authorized to be ap-
propriated for fiscal years 2002 though 2003 not more than
$250,000 to carry out subsection (a).
SEC. 705. ENFORCEMENT OF CERTAIN ANTI-TERRORISM
JUDGMENTS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Justice for Victims of Terrorism Act’’.
(b) DEFINITION.—
(1) IN GENERAL.—Section 1603(b) of title 28,
United States Code, is amended—
143
(A) in paragraph (3) by striking the period
and inserting ‘‘; and’’;
(B) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and (C), re-
spectively (and by moving the margins 2 em
spaces to the right);
(C) by striking ‘‘(b)’’ through ‘‘entity—’’
and inserting the following:
‘‘(b) An ‘agency or instrumentality of a foreign state’
means—
‘‘(1) any entity—’’; and
(D) by adding at the end the following:
‘‘(2) for purposes of sections 1605(a)(7) and
1610(a)(7) and (f), any entity as defined under sub-
paragraphs (A) and (B) of paragraph (1), and sub-
paragraph (C) of paragraph (1) shall not apply.’’.
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 1391(f)(3) of title 28, United States
Code, is amended by striking ‘‘1603(b)’’ and inserting
‘‘1603(b)(1)’’.
(c) ENFORCEMENT OF JUDGMENTS.—Section 1610(f)
of title 28, United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (A) by striking ‘‘(in-
cluding any agency or instrumentality or such
144
state)’’ and inserting ‘‘(including any agency or
instrumentality of such state), except to the ex-
tent of any punitive damages awarded’’; and
(B) by adding at the end the following:
‘‘(C) Notwithstanding any other provision of law,
moneys due from or payable by the United States (includ-
ing any agency or instrumentality thereof) to any state
against which a judgment is pending under section
1605(a)(7) shall be subject to attachment and execution
with respect to that judgment, in like manner and to the
same extent as if the United States were a private person,
except to the extent of any punitive damages awarded.’’;
and
(2) by striking paragraph (3) and adding the
following:
‘‘(3)(A) Subject to subparagraph (B), upon deter-
mining on an asset-by-asset basis that a waiver is necessary
in the national security interest, the President may waive
this subsection in connection with (and prior to the enforce-
ment of) any judicial order directing attachment in aid of
execution or execution against any property subject to the
Vienna Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations.
‘‘(B) A waiver under this paragraph shall not apply
to—
145
‘‘(i) if property subject to the Vienna Convention
on Diplomatic Relations or the Vienna Convention on
Consular Relations has been used for any nondiplo-
matic purpose (including use as rental property), the
proceeds of such use; or
‘‘(ii) if any asset subject to the Vienna Conven-
tion on Diplomatic Relations or the Vienna Conven-
tion on Consular Relations is sold or otherwise trans-
ferred for value to a third party, the proceeds of such
sale or transfer.
‘‘(C) In this paragraph, the term ‘property subject to
the Vienna Convention on Diplomatic Relations or the Vi-
enna Convention on Consular Relations’ and the term ‘asset
subject to the Vienna Convention on Diplomatic Relations
or the Vienna Convention on Consular Relations’ mean any
property or asset, respectively, the attachment in aid of exe-
cution or execution of which would result in a violation
of an obligation of the United States under the Vienna Con-
vention on Diplomatic Relations or the Vienna Convention
on Consular Relations, as the case may be.
‘‘(4) For purposes of this subsection, all assets of any
agency or instrumentality of a foreign state shall be treated
as assets of that foreign state.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply to any claim for which a foreign state
146
is not immune under section 1605(a)(7) of title 28, United
States Code, arising before, on, or after the date of the enact-
ment of this Act.
(e) PAYGO ADJUSTMENT.—The Director of the Office
of Management and Budget shall not make any estimates
of changes in direct spending outlays and receipts under
section 252(d) of the Balanced Budget and Emergency Def-
icit Control Act of 1985 (2 U.S.C. 902(d)) for any fiscal
year resulting from the enactment of this section.
TITLE VIII—PRIVATE SECURITY
OFFICER QUALITY ASSURANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Private Security Officer
Quality Assurance Act of 2001’’.
SEC. 802. FINDINGS.
Congress finds that—
(1) employment of private security officers in the
United States is growing rapidly;
(2) the private security industry provides nu-
merous opportunities for entry-level job applicants,
including individuals suffering from unemployment
due to economic conditions or dislocations;
(3) sworn law enforcement officers provide sig-
nificant services to the citizens of the United States
in its public areas, and are only supplemented by
147
private security officers who provide prevention and
reporting services in support of, but not in place of,
regular sworn police;
(4) given the growth of large private shopping
malls, and the consequent reduction in the number of
public shopping streets, the American public is more
likely to have contact with private security personnel
in the course of a day than with sworn law enforce-
ment officers;
(5) regardless of the differences in their duties,
skill, and responsibilities, the public has difficulty in
discerning the difference between sworn law enforce-
ment officers and private security personnel; and
(6) the American public demands the employ-
ment of qualified, well-trained private security per-
sonnel as an adjunct, but not a replacement for sworn
law enforcement officers.
SEC. 803. BACKGROUND CHECKS.
(a) IN GENERAL.—An association of employers of pri-
vate security officers, designated for the purpose of this sec-
tion by the Attorney General, may submit fingerprints or
other methods of positive identification approved by the At-
torney General, to the Attorney General on behalf of any
applicant for a State license or certificate of registration
as a private security officer or employer of private security
148
officers. In response to such a submission, the Attorney Gen-
eral may, to the extent provided by State law conforming
to the requirements of the second paragraph under the head-
ing ‘‘Federal Bureau of Investigation’’ and the subheading
‘‘Salaries and Expenses’’ in title II of Public Law 92–544
(86 Stat. 1115), exchange, for licensing and employment
purposes, identification and criminal history records with
the State governmental agencies to which such applicant
has applied.
(b) REGULATIONS.—The Attorney General may pre-
scribe such regulations as may be necessary to carry out
this section, including measures relating to the security,
confidentiality, accuracy, use, and dissemination of infor-
mation and audits and recordkeeping and the imposition
of fees necessary for the recovery of costs.
(c) REPORT.—The Attorney General shall report to the
Senate and House Committees on the Judiciary 2 years
after the date of enactment of this Act on the number of
inquiries made by the association of employers under this
section and their disposition.
SEC. 804. SENSE OF CONGRESS.
It is the sense of Congress that States should partici-
pate in the background check system established under sec-
tion 803.
149
SEC. 805. DEFINITIONS.
As used in this title—
(1) the term ‘‘employee’’ includes an applicant
for employment;
(2) the term ‘‘employer’’ means any person
that—
(A) employs one or more private security of-
ficers; or
(B) provides, as an independent contractor,
for consideration, the services of one or more pri-
vate security officers (possibly including oneself);
(3) the term ‘‘private security officer’’—
(A) means—
(i) an individual who performs secu-
rity services, full or part time, for consider-
ation as an independent contractor or an
employee, whether armed or unarmed and
in uniform or plain clothes whose primary
duty is to perform security services, or
(ii) an individual who is an employee
of an electronic security system company
who is engaged in one or more of the fol-
lowing activities in the State: burglar
alarm technician, fire alarm technician,
closed circuit television technician, access
150
control technician, or security system mon-
itor; but
(B) does not include—
(i) sworn police officers who have law
enforcement powers in the State,
(ii) attorneys, accountants, and other
professionals who are otherwise licensed in
the State,
(iii) employees whose duties are pri-
marily internal audit or credit functions,
(iv) persons whose duties may inciden-
tally include the reporting or apprehension
of shoplifters or trespassers, or
(v) an individual on active duty in the
military service;
(4) the term ‘‘certificate of registration’’ means a
license, permit, certificate, registration card, or other
formal written permission from the State for the per-
son to engage in providing security services;
(5) the term ‘‘security services’’ means the per-
formance of one or more of the following:
(A) the observation or reporting of intru-
sion, larceny, vandalism, fire or trespass;
(B) the deterrence of theft or misappropria-
tion of any goods, money, or other item of value;
151
(C) the observation or reporting of any un-
lawful activity;
(D) the protection of individuals or prop-
erty, including proprietary information, from
harm or misappropriation;
(E) the control of access to premises being
protected;
(F) the secure movement of prisoners;
(G) the maintenance of order and safety at
athletic, entertainment, or other public activities;
(H) the provision of canine services for pro-
tecting premises or for the detection of any un-
lawful device or substance; and
(I) the transportation of money or other
valuables by armored vehicle; and
(6) the term ‘‘State’’ means any of the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Commonwealth of
the Northern Mariana Islands.
Æ