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has not been removed under section 241(a)(1)(A),
and whose removal is unlikely in the reasonably fore-
seeable future, may be detained for additional peri-
ods of up to six months if the release of the alien
will not protect the national security of the United
States or adequately ensure the safety of the com-
munity or any person.
‘‘(b) HABEAS CORPUS AND JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—Judicial review of any ac-
tion or decision relating to this section (including ju-
dicial review of the merits of a determination made
under subsection (a)(3) or (a)(6)) is available exclu-
sively in habeas corpus proceedings consistent with
this subsection. Except as provided in the preceding
sentence, no court shall have jurisdiction to review,
by habeas corpus petition or otherwise, any such ac-
tion or decision.
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law, including section
2241(a) of title 28, United States Code, habeas
corpus proceedings described in paragraph (1)
may be initiated only by an application filed
with—
‘‘(i) the Supreme Court;
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‘‘(ii) any justice of the Supreme
Court;
‘‘(iii) any circuit judge of the United
States Court of Appeals for the District of
Columbia Circuit; or
‘‘(iv) any district court otherwise hav-
ing jurisdiction to entertain it.
‘‘(B) APPLICATION
TRANSFER.—Section
2241(b) of title 28, United States Code, shall
apply to an application for a writ of habeas cor-
pus described in subparagraph (A).
‘‘(3) APPEALS.—Notwithstanding any other
provision of law, including section 2253 of title 28,
in habeas corpus proceedings described in paragraph
(1) before a circuit or district judge, the final order
shall be subject to review, on appeal, by the United
States Court of Appeals for the District of Columbia
Circuit. There shall be no right of appeal in such
proceedings to any other circuit court of appeals.
‘‘(4) RULE OF DECISION.—The law applied by
the Supreme Court and the United States Court of
Appeals for the District of Columbia Circuit shall be
regarded as the rule of decision in habeas corpus
proceedings described in paragraph (1).
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‘‘(c) STATUTORY CONSTRUCTION.—The provisions of
this section shall not be applicable to any other provision
of the Immigration and Nationality Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 236 the following:
‘‘Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial
review.’’.
(c) REPORTS.—Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter, the Attorney General shall submit a report to
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of the
Senate, with respect to the reporting period, on—
(1) the number of aliens certified under section
236A(a)(3) of the Immigration and Nationality Act,
as added by subsection (a);
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so
certified; and
(5) the number of aliens so certified who—
(A) were granted any form of relief from
removal;
(B) were removed;
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(C) the Attorney General has determined
are no longer aliens who may be so certified; or
(D) were released from detention.
SEC. 413. MULTILATERAL COOPERATION AGAINST TERROR-
ISTS.
Section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)) is amended—
(1) by striking ‘‘except that in the discretion
of’’ and inserting the following: ‘‘except that—
‘‘(1) in the discretion of’’; and
(2) by adding at the end the following:
‘‘(2) the Secretary of State, in the Secretary’s
discretion and on the basis of reciprocity, may pro-
vide to a foreign government information in the De-
partment of State’s computerized visa lookout data-
base and, when necessary and appropriate, other
records covered by this section related to informa-
tion in the database—
‘‘(A) with regard to individual aliens, at
any time on a case-by-case basis for the pur-
pose of preventing, investigating, or punishing
acts that would constitute a crime in the United
States, including, but not limited to, terrorism
or trafficking in controlled substances, persons,
or illicit weapons; or
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‘‘(B) with regard to any or all aliens in the
database, pursuant to such conditions as the
Secretary of State shall establish in an agree-
ment with the foreign government in which that
government agrees to use such information and
records for the purposes described in subpara-
graph (A) or to deny visas to persons who
would be inadmissible to the United States.’’.
Subtitle C—Preservation of Immi-
gration Benefits for Victims of
Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL.—For purposes of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), the Attorney
General may provide an alien described in subsection (b)
with the status of a special immigrant under section
101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the
alien—
(1) files with the Attorney General a petition
under section 204 of such Act (8 U.S.C. 1154) for
classification under section 203(b)(4) of such Act (8
U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
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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 Im-
migration and Nationality Act (8
U.S.C. 1154) to classify the alien as
a family-sponsored immigrant under
section 203(a) of such Act (8 U.S.C.
1153(a)) or as an employment-based
immigrant under section 203(b) of
such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8
U.S.C. 1184(d)) of such Act to au-
thorize 
the 
issuance 
of 
a 
non-
immigrant visa to the alien under sec-
tion 101(a)(15)(K) of such Act (8
U.S.C. 1101(a)(15)(K)); or
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(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 specified terrorist activity that directly re-
sulted in—
(i) the death or disability of the peti-
tioner, applicant, or alien beneficiary; or
(ii) loss of employment due to physical
damage to, or destruction of, the business
of the petitioner or applicant.
(2) SPOUSES AND CHILDREN.—
(A) IN GENERAL.—An alien is described in
this subsection if—
(i) the alien was, on September 10,
2001, the spouse or child of a principal
alien described in paragraph (1); and
(ii) the alien—
(I) is accompanying such prin-
cipal alien; or
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(II) is following to join such prin-
cipal alien not later than September
11, 2003.
(B) CONSTRUCTION.—For purposes of
construing the terms ‘‘accompanying’’ and ‘‘fol-
lowing to join’’ in subparagraph (A)(ii), any
death of a principal alien that is described in
paragraph (1)(B)(i) shall be disregarded.
(3) GRANDPARENTS OF ORPHANS.—An alien is
described in this subsection if the alien is a grand-
parent of a child, both of whose parents died as a
direct result of a specified terrorist activity, if either
of such deceased parents was, on September 10,
2001, a citizen or national of the United States or
an alien lawfully admitted for permanent residence
in the United States.
(c) PRIORITY DATE.—Immigrant visas made avail-
able under this section shall be issued to aliens in the
order in which a petition on behalf of each such alien is
filed with the Attorney General under subsection (a)(1),
except that if an alien was assigned a priority date with
respect to a petition described in subsection (b)(1)(A)(i),
the alien may maintain that priority date.
(d) NUMERICAL LIMITATIONS.—For purposes of the
application of sections 201 through 203 of the Immigra-
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tion and Nationality Act (8 U.S.C. 1151–1153) in any fis-
cal year, aliens eligible to be provided status under this
section shall be treated as special immigrants described
in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27))
who are not described in subparagraph (A), (B), (C), or
(K) of such section.
SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STA-
TUS.—
(1) IN GENERAL.—Notwithstanding section 214
of the Immigration and Nationality Act (8 U.S.C.
1184), in the case of an alien described in paragraph
(2) who was lawfully present in the United States as
a nonimmigrant on September 10, 2001, the alien
may remain lawfully in the United States in the
same nonimmigrant status until the later of—
(A) the date such lawful nonimmigrant
status otherwise would have terminated if this
subsection had not been enacted; or
(B) 1 year after the death or onset of dis-
ability described in paragraph (2).
(2) ALIENS DESCRIBED.—
(A) PRINCIPAL ALIENS.—An alien is de-
scribed in this paragraph if the alien was dis-
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abled as a direct result of a specified terrorist
activity.
(B) SPOUSES AND CHILDREN.—An alien is
described in this paragraph if the alien was, on
September 10, 2001, the spouse or child of—
(i) a principal alien described in sub-
paragraph (A); or
(ii) an alien who died as a direct re-
sult of a specified terrorist activity.
(3) AUTHORIZED
EMPLOYMENT.—During the
period in which a principal alien or alien spouse is
in lawful nonimmigrant status under paragraph (1),
the alien shall be provided an ‘‘employment author-
ized’’ endorsement or other appropriate document
signifying authorization of employment not later
than 30 days after the alien requests such authoriza-
tion.
(b) NEW DEADLINES FOR EXTENSION OR CHANGE
OF NONIMMIGRANT STATUS.—
(1) FILING DELAYS.—In the case of an alien
who was lawfully present in the United States as a
nonimmigrant on September 10, 2001, if the alien
was prevented from filing a timely application for an
extension or change of nonimmigrant status as a di-
rect result of a specified terrorist activity, the alien’s
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application shall be considered timely filed if it is
filed not later than 60 days after it otherwise would
have been due.
(2) DEPARTURE DELAYS.—In the case of an
alien who was lawfully present in the United States
as a nonimmigrant on September 10, 2001, if the
alien is unable timely to depart the United States as
a direct result of a specified terrorist activity, the
alien shall not be considered to have been unlawfully
present in the United States during the period be-
ginning on September 11, 2001, and ending on the
date of the alien’s departure, if such departure oc-
curs on or before November 11, 2001.
(3) SPECIAL RULE FOR ALIENS UNABLE TO RE-
TURN FROM ABROAD.—
(A) PRINCIPAL ALIENS.—In the case of an
alien who was in a lawful nonimmigrant status
on September 10, 2001, but who was not
present in the United States on such date, if
the alien was prevented from returning to the
United States in order to file a timely applica-
tion for an extension of nonimmigrant status as
a direct result of a specified terrorist activity—
(i) the alien’s application shall be con-
sidered timely filed if it is filed not later
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than 60 days after it otherwise would have
been due; and
(ii) the alien’s lawful nonimmigrant
status shall be considered to continue until
the later of—
(I) the date such status otherwise
would have terminated if this sub-
paragraph had not been enacted; or
(II) the date that is 60 days
after the date on which the applica-
tion described in clause (i) otherwise
would have been due.
(B) SPOUSES AND CHILDREN.—In the case
of an alien who is the spouse or child of a prin-
cipal alien described in subparagraph (A), if the
spouse or child was in a lawful nonimmigrant
status on September 10, 2001, the spouse or
child may remain lawfully in the United States
in the same nonimmigrant status until the later
of—
(i) the date such lawful nonimmigrant
status otherwise would have terminated if
this subparagraph had not been enacted;
or
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(ii) the date that is 60 days after the
date on which the application described in
subparagraph (A) otherwise would have
been due.
(4) CIRCUMSTANCES PREVENTING TIMELY AC-
TION.—
(A) FILING
DELAYS.—For purposes of
paragraph (1), circumstances preventing an
alien from timely acting are—
(i) office closures;
(ii) mail or courier service cessations
or delays; and
(iii) other closures, cessations, or
delays affecting case processing or travel
necessary to satisfy legal requirements.
(B) DEPARTURE AND RETURN DELAYS.—
For purposes of paragraphs (2) and (3), cir-
cumstances preventing an alien from timely act-
ing are—
(i) office closures;
(ii) airline flight cessations or delays;
and
(iii) other closures, cessations, or
delays affecting case processing or travel
necessary to satisfy legal requirements.
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(c) DIVERSITY IMMIGRANTS.—
(1) WAIVER
OF
FISCAL
YEAR
LIMITATION.—
Notwithstanding section 203(e)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(e)(2)), an
immigrant visa number issued to an alien under sec-
tion 203(c) of such Act for fiscal year 2001 may be
used by the alien during the period beginning on Oc-
tober 1, 2001, and ending on April 1, 2002, if the
alien establishes that the alien was prevented from
using it during fiscal year 2001 as a direct result of
a specified terrorist activity.
(2) WORLDWIDE
LEVEL.—In the case of an
alien entering the United States as a lawful perma-
nent resident, or adjusting to that status, under
paragraph (1), the alien shall be counted as a diver-
sity immigrant for fiscal year 2001 for purposes of
section 201(e) of the Immigration and Nationality
Act (8 U.S.C. 1151(e)), unless the worldwide level
under such section for such year has been exceeded,
in which case the alien shall be counted as a diver-
sity immigrant for fiscal year 2002.
(3) TREATMENT OF FAMILY MEMBERS OF CER-
TAIN
ALIENS.—In the case of a principal alien
issued an immigrant visa number under section
203(c) of the Immigration and Nationality Act (8
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U.S.C. 1153(c)) for fiscal year 2001, if such prin-
cipal alien died as a direct result of a specified ter-
rorist activity, the aliens who were, on September
10, 2001, the spouse and children of such principal
alien shall, if not otherwise entitled to an immigrant
status and the immediate issuance of a visa under
subsection (a), (b), or (c) of section 203 of such Act,
be entitled to the same status, and the same order
of consideration, that would have been provided to
such alien spouse or child under section 203(d) of
such Act if the principal alien were not deceased.
(4) CIRCUMSTANCES PREVENTING TIMELY AC-
TION.—For 
purposes 
of 
paragraph 
(1), 
cir-
cumstances preventing an alien from using an immi-
grant visa number during fiscal year 2001 are—
(A) office closures;
(B) mail or courier service cessations or
delays;
(C) airline flight cessations or delays; and
(D) other closures, cessations, or delays af-
fecting case processing or travel necessary to
satisfy legal requirements.
(d) EXTENSION
OF EXPIRATION
OF IMMIGRANT
VISAS.—
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(1) IN GENERAL.—Notwithstanding the limita-
tions under section 221(c) of the Immigration and
Nationality Act (8 U.S.C. 1201(c)), in the case of
any immigrant visa issued to an alien that expires
or expired before December 31, 2001, if the alien
was unable to effect entry into the United States as
a direct result of a specified terrorist activity, then
the period of validity of the visa is extended until
December 31, 2001, unless a longer period of valid-
ity is otherwise provided under this subtitle.
(2) CIRCUMSTANCES PREVENTING ENTRY.—For
purposes of this subsection, circumstances pre-
venting an alien from effecting entry into the United
States are—
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays af-
fecting case processing or travel necessary to
satisfy legal requirements.
(e) GRANTS OF PAROLE EXTENDED.—
(1) IN GENERAL.—In the case of any parole
granted by the Attorney General under section
212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) that expires on a date on or
after September 11, 2001, if the alien beneficiary of
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the parole was unable to return to the United States
prior to the expiration date as a direct result of a
specified terrorist activity, the parole is deemed ex-
tended for an additional 90 days.
(2) CIRCUMSTANCES
PREVENTING
RETURN.—
For purposes of this subsection, circumstances pre-
venting an alien from timely returning to the United
States are—
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays af-
fecting case processing or travel necessary to
satisfy legal requirements.
(f) VOLUNTARY DEPARTURE.—Notwithstanding sec-
tion 240B of the Immigration and Nationality Act (8
U.S.C. 1229c), if a period for voluntary departure under
such section expired during the period beginning on Sep-
tember 11, 2001, and ending on October 11, 2001, such
voluntary departure period is deemed extended for an ad-
ditional 30 days.
SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING
SPOUSES AND CHILDREN.
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) SPOUSES.—Notwithstanding the second
sentence of section 201(b)(2)(A)(i) of the Immigra-
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main an immediate relative after the date of the
citizen’s death (regardless of changes in age or
marital status thereafter), but only if the alien
files a petition under subparagraph (B) within
2 years after such date.
(B) PETITIONS.—An alien described in
subparagraph (A) may file a petition with the
Attorney General for classification of the alien
under section 201(b)(2)(A)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition
filed under section 204(a)(1)(A) of such Act (8
U.S.C. 1154(a)(1)(A)).
(b) SPOUSES, CHILDREN, UNMARRIED SONS
AND
DAUGHTERS
OF
LAWFUL
PERMANENT
RESIDENT
ALIENS.—
(1) IN GENERAL.—Any spouse, child, or unmar-
ried son or daughter of an alien described in para-
graph (3) who is included in a petition for classifica-
tion as a family-sponsored immigrant under section
203(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(a)(2)) that was filed by such alien be-
fore September 11, 2001, shall be considered (if the
spouse, child, son, or daughter has not been admit-
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ted or approved for lawful permanent residence by
such date) a valid petitioner for preference status
under such section with the same priority date as
that assigned prior to the death described in para-
graph (3)(A). No new petition shall be required to
be filed. Such spouse, child, son, or daughter may be
eligible for deferred action and work authorization.
(2) SELF-PETITIONS.—Any spouse, child, or
unmarried son or daughter of an alien described in
paragraph (3) who is not a beneficiary of a petition
for classification as a family-sponsored immigrant
under section 203(a)(2) of the Immigration and Na-
tionality Act may file a petition for such classifica-
tion with the Attorney General, if the spouse, child,
son, or daughter was present in the United States
on September 11, 2001. Such spouse, child, son, or
daughter may be eligible for deferred action and
work authorization.
(3) ALIENS DESCRIBED.—An alien is described
in this paragraph if the alien—
(A) died as a direct result of a specified
terrorist activity; and
(B) on the day of such death, was lawfully
admitted for permanent residence in the United
States.
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(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY
SURVIVING SPOUSES AND CHILDREN OF EMPLOYMENT-
BASED IMMIGRANTS.—
(1) IN GENERAL.—Any alien who was, on Sep-
tember 10, 2001, the spouse or child of an alien de-
scribed in paragraph (2), and who applied for ad-
justment of status prior to the death described in
paragraph (2)(A), may have such application adju-
dicated as if such death had not occurred.
(2) ALIENS DESCRIBED.—An alien is described
in this paragraph if the alien—
(A) died as a direct result of a specified
terrorist activity; and
(B) on the day before such death, was—
(i) an alien lawfully admitted for per-
manent residence in the United States by
reason of having been allotted a visa under
section 203(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of
status to that of an alien described in
clause (i), and admissible to the United
States for permanent residence.
(d) WAIVER OF PUBLIC CHARGE GROUNDS.—In de-
termining the admissibility of any alien accorded an immi-
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gration benefit under this section, the grounds for inad-
missibility specified in section 212(a)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(4)) shall not
apply.
SEC. 424. ‘‘AGE-OUT’’ PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.), in the
case of an alien—
(1) whose 21st birthday occurs in September
2001, and who is the beneficiary of a petition or ap-
plication filed under such Act on or before Sep-
tember 11, 2001, the alien shall be considered to be
a child for 90 days after the alien’s 21st birthday
for purposes of adjudicating such petition or applica-
tion; and
(2) whose 21st birthday occurs after September
2001, and who is the beneficiary of a petition or ap-
plication filed under such Act on or before Sep-
tember 11, 2001, the alien shall be considered to be
a child for 45 days after the alien’s 21st birthday
for purposes of adjudicating such petition or applica-
tion.
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SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or
to ensure family unity, may provide temporary administra-
tive relief to any alien who—
(1) was lawfully present in the United States on
September 10, 2001;
(2) was on such date the spouse, parent, or
child of an individual who died or was disabled as
a direct result of a specified terrorist activity; and
(3) is not otherwise entitled to relief under any
other provision of this subtitle.
SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF
EMPLOYMENT.
(a) IN GENERAL.—The Attorney General shall estab-
lish appropriate standards for evidence demonstrating, for
purposes of this subtitle, that any of the following oc-
curred as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage
to, or destruction of, a business.
(b) WAIVER OF REGULATIONS.—The Attorney Gen-
eral shall carry out subsection (a) as expeditiously as pos-
sible. The Attorney General is not required to promulgate
regulations prior to implementing this subtitle.
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SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEM-
BERS OF TERRORISTS.
Notwithstanding any other provision of this subtitle,
nothing in this subtitle shall be construed to provide any
benefit or relief to—
(1) any individual culpable for a specified ter-
rorist activity; or
(2) any family member of any individual de-
scribed in paragraph (1).
SEC. 428. DEFINITIONS.
(a) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically
provided in this subtitle, the definitions used in the Immi-
gration and Nationality Act (excluding the definitions ap-
plicable exclusively to title III of such Act) shall apply in
the administration of this subtitle.
(b) SPECIFIED TERRORIST ACTIVITY.—For purposes
of this subtitle, the term ‘‘specified terrorist activity’’
means any terrorist activity conducted against the Govern-
ment or the people of the United States on September 11,
2001.
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TITLE 
V—REMOVING 
OBSTA-
CLES 
TO 
INVESTIGATING
TERRORISM
SEC. 501. ATTORNEY GENERAL’S AUTHORITY TO PAY RE-
WARDS TO COMBAT TERRORISM.
(a) PAYMENT
OF
REWARDS
TO
COMBAT
TER-
RORISM.—Funds available to the Attorney General may
be used for the payment of rewards pursuant to public
advertisements for assistance to the Department of Jus-
tice to combat terrorism and defend the Nation against
terrorist acts, in accordance with procedures and regula-
tions established or issued by the Attorney General.
(b) CONDITIONS.—In making rewards under this
section—
(1) no such reward of $250,000 or more may
be made or offered without the personal approval of
either the Attorney General or the President;
(2) the Attorney General shall give written no-
tice to the Chairmen and ranking minority members
of the Committees on Appropriations and the Judici-
ary of the Senate and of the House of Representa-
tives not later than 30 days after the approval of a
reward under paragraph (1);
(3) any executive agency or military department
(as defined, respectively, in sections 105 and 102 of
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title 5, United States Code) may provide the Attor-
ney General with funds for the payment of rewards;
(4) neither the failure of the Attorney General
to authorize a payment nor the amount authorized
shall be subject to judicial review; and
(5) no such reward shall be subject to any per-
or aggregate reward spending limitation established
by law, unless that law expressly refers to this sec-
tion, and no reward paid pursuant to any such offer
shall count toward any such aggregate reward
spending limitation.
SEC. 502. SECRETARY OF STATE’S AUTHORITY TO PAY RE-
WARDS.
Section 36 of the State Department Basic Authorities
Act of 1956 (Public Law 885, August 1, 1956; 22 U.S.C.
2708) is amended—
(1) in subsection (b)—
(A) in paragraph (4), by striking ‘‘or’’ at
the end;
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘, including by
dismantling an organization in whole or signifi-
cant part; or’’; and
(C) by adding at the end the following:
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‘‘(6) the identification or location of an indi-
vidual who holds a key leadership position in a ter-
rorist organization.’’;
(2) in subsection (d), by striking paragraphs
(2) and (3) and redesignating paragraph (4) as
paragraph (2); and
(3) in subsection (e)(1), by inserting ‘‘, except
as personally authorized by the Secretary of State if
he determines that offer or payment of an award of
a larger amount is necessary to combat terrorism or
defend the Nation against terrorist acts.’’ after
‘‘$5,000,000’’.
SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND
OTHER VIOLENT OFFENDERS.
Section 3(d)(2) of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135a(d)(2)) is amended
to read as follows:
‘‘(2) In addition to the offenses described in
paragraph (1), the following offenses shall be treated
for purposes of this section as qualifying Federal of-
fenses, as determined by the Attorney General:
‘‘(A) 
Any 
offense 
listed 
in 
section
2332b(g)(5)(B) of title 18, United States Code.
‘‘(B) Any crime of violence (as defined in
section 16 of title 18, United States Code).
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‘‘(C) Any attempt or conspiracy to commit
any of the above offenses.’’.
SEC. 504. COORDINATION WITH LAW ENFORCEMENT.
(a) INFORMATION ACQUIRED FROM AN ELECTRONIC
SURVEILLANCE.—Section 106 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1806), is amended
by adding at the end the following:
‘‘(k)(1) Federal officers who conduct electronic sur-
veillance to acquire foreign intelligence information under
this title may consult with Federal law enforcement offi-
cers to coordinate efforts to investigate or protect
against—
‘‘(A) actual or potential attack or other grave
hostile acts of a foreign power or an agent of a for-
eign power;
‘‘(B) sabotage or international terrorism by a
foreign power or an agent of a foreign power; or
‘‘(C) clandestine intelligence activities by an in-
telligence service or network of a foreign power or by
an agent of a foreign power.
‘‘(2) Coordination authorized under paragraph (1)
shall not preclude the certification required by section
104(a)(7)(B) or the entry of an order under section 105.’’.
(b) INFORMATION ACQUIRED FROM
A PHYSICAL
SEARCH.—Section 305 of the Foreign Intelligence Surveil-
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lance Act of 1978 (50 U.S.C. 1825) is amended by adding
at the end the following:
‘‘(k)(1) Federal officers who conduct physical
searches to acquire foreign intelligence information under
this title may consult with Federal law enforcement offi-
cers to coordinate efforts to investigate or protect
against—
‘‘(A) actual or potential attack or other grave
hostile acts of a foreign power or an agent of a for-
eign power;
‘‘(B) sabotage or international terrorism by a
foreign power or an agent of a foreign power; or
‘‘(C) clandestine intelligence activities by an in-
telligence service or network of a foreign power or by
an agent of a foreign power.
‘‘(2) Coordination authorized under paragraph (1)
shall not preclude the certification required by section
303(a)(7) or the entry of an order under section 304.’’.
SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORI-
TIES.
(a) 
TELEPHONE
TOLL
AND
TRANSACTIONAL
RECORDS.—Section 2709(b) of title 18, United States
Code, is amended—
(1) in the matter preceding paragraph (1), by
inserting ‘‘at Bureau headquarters or a Special
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Agent in Charge in a Bureau field office designated
by the Director’’ after ‘‘Assistant Director’’;
(2) in paragraph (1)—
(A) by striking ‘‘in a position not lower
than Deputy Assistant Director’’; and
(B) by striking ‘‘made that’’ and all that
follows and inserting the following: ‘‘made that
the name, address, length of service, and toll
billing records sought are relevant to an author-
ized investigation to protect against inter-
national terrorism or clandestine intelligence ac-
tivities, provided that such an investigation of a
United States person is not conducted solely on
the basis of activities protected by the first
amendment to the Constitution of the United
States; and’’; and
(3) in paragraph (2)—
(A) by striking ‘‘in a position not lower
than Deputy Assistant Director’’; and
(B) by striking ‘‘made that’’ and all that
follows and inserting the following: ‘‘made that
the information sought is relevant to an author-
ized investigation to protect against inter-
national terrorism or clandestine intelligence ac-
tivities, provided that such an investigation of a
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United States person is not conducted solely
upon the basis of activities protected by the
first amendment to the Constitution of the
United States.’’.
(b) FINANCIAL RECORDS.—Section 1114(a)(5)(A) of
the Right to Financial Privacy Act of 1978 (12 U.S.C.
3414(a)(5)(A)) is amended—
(1) by inserting ‘‘in a position not lower than
Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office
designated by the Director’’ after ‘‘designee’’; and
(2) by striking ‘‘sought’’ and all that follows
and inserting ‘‘sought for foreign counter intel-
ligence purposes to protect against international ter-
rorism or clandestine intelligence activities, provided
that such an investigation of a United States person
is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution
of the United States.’’.
(c) CONSUMER REPORTS.—Section 624 of the Fair
Credit Reporting Act (15 U.S.C. 1681u) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘in a position not lower
than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a
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Bureau field office designated by the Director’’
after ‘‘designee’’ the first place it appears; and
(B) by striking ‘‘in writing that’’ and all
that follows through the end and inserting the
following: ‘‘in writing, that such information is
sought for the conduct of an authorized inves-
tigation to protect against international ter-
rorism or clandestine intelligence activities, pro-
vided that such an investigation of a United
States person is not conducted solely upon the
basis of activities protected by the first amend-
ment to the Constitution of the United
States.’’;
(2) in subsection (b)—
(A) by inserting ‘‘in a position not lower
than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a
Bureau field office designated by the Director’’
after ‘‘designee’’ the first place it appears; and
(B) by striking ‘‘in writing that’’ and all
that follows through the end and inserting the
following: ‘‘in writing that such information is
sought for the conduct of an authorized inves-
tigation to protect against international ter-
rorism or clandestine intelligence activities, pro-
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vided that such an investigation of a United
States person is not conducted solely upon the
basis of activities protected by the first amend-
ment to the Constitution of the United
States.’’; and
(3) in subsection (c)—
(A) by inserting ‘‘in a position not lower
than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge in a
Bureau field office designated by the Director’’
after ‘‘designee of the Director’’; and
(B) by striking ‘‘in camera that’’ and all
that follows through ‘‘States.’’ and inserting the
following: ‘‘in camera that the consumer report
is sought for the conduct of an authorized in-
vestigation to protect against international ter-
rorism or clandestine intelligence activities, pro-
vided that such an investigation of a United
States person is not conducted solely upon the
basis of activities protected by the first amend-
ment to the Constitution of the United
States.’’.
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SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.
(a) CONCURRENT JURISDICTION UNDER 18 U.S.C.
1030.—Section 1030(d) of title 18, United States Code,
is amended to read as follows:
‘‘(d)(1) The United States Secret Service shall, in ad-
dition to any other agency having such authority, have the
authority to investigate offenses under this section.
‘‘(2) The Federal Bureau of Investigation shall have
primary authority to investigate offenses under subsection
(a)(1) for any cases involving espionage, foreign counter-
intelligence, information protected against unauthorized
disclosure for reasons of national defense or foreign rela-
tions, or Restricted Data (as that term is defined in sec-
tion 11y of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)), except for offenses affecting the duties of the
United States Secret Service pursuant to section 3056(a)
of this title.
‘‘(3) Such authority shall be exercised in accordance
with an agreement which shall be entered into by the Sec-
retary of the Treasury and the Attorney General.’’.
(b) REAUTHORIZATION OF JURISDICTION UNDER 18
U.S.C. 1344.—Section 3056(b)(3) of title 18, United
States Code, is amended by striking ‘‘credit and debit card
frauds, and false identification documents or devices’’ and
inserting ‘‘access device frauds, false identification docu-
ments or devices, and any fraud or other criminal or un-
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lawful activity in or against any federally insured financial
institution’’.
SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.
Section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), is amended by adding after subsection
(i) a new subsection (j) to read as follows:
‘‘(j) INVESTIGATION
AND PROSECUTION
OF TER-
RORISM.—
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (a) through (i) or any provision of State
law, the Attorney General (or any Federal officer or
employee, in a position not lower than an Assistant
Attorney General, designated by the Attorney Gen-
eral) may submit a written application to a court of
competent jurisdiction for an ex parte order requir-
ing an educational agency or institution to permit
the Attorney General (or his designee) to—
‘‘(A) collect education records in the pos-
session of the educational agency or institution
that are relevant to an authorized investigation
or prosecution of an offense listed in section
2332b(g)(5)(B) of title 18 United States Code,
or an act of domestic or international terrorism
as defined in section 2331 of that title; and
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‘‘(B) for official purposes related to the in-
vestigation or prosecution of an offense de-
scribed in paragraph (1)(A), retain, dissemi-
nate, and use (including as evidence at trial or
in other administrative or judicial proceedings)
such records, consistent with such guidelines as
the Attorney General, after consultation with
the Secretary, shall issue to protect confiden-
tiality.
‘‘(2) APPLICATION AND APPROVAL.—
‘‘(A) IN GENERAL.—An application under
paragraph (1) shall certify that there are spe-
cific and articulable facts giving reason to be-
lieve that the education records are likely to
contain information described in paragraph
(1)(A).
‘‘(B) The court shall issue an order de-
scribed in paragraph (1) if the court finds that
the application for the order includes the certifi-
cation described in subparagraph (A).
‘‘(3) PROTECTION
OF
EDUCATIONAL
AGENCY
OR INSTITUTION.—An educational agency or institu-
tion that, in good faith, produces education records
in accordance with an order issued under this sub-
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section shall not be liable to any person for that pro-
duction.
‘‘(4) 
RECORD-KEEPING.—Subsection 
(b)(4)
does not apply to education records subject to a
court order under this subsection.’’.
SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SUR-
VEYS.
Section 408 of the National Education Statistics Act
of 1994 (20 U.S.C. 9007), is amended by adding after
subsection (b) a new subsection (c) to read as follows:
‘‘(c) INVESTIGATION
AND PROSECUTION
OF TER-
RORISM.—
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (a) and (b), the Attorney General (or any
Federal officer or employee, in a position not lower
than an Assistant Attorney General, designated by
the Attorney General) may submit a written applica-
tion to a court of competent jurisdiction for an ex
parte order requiring the Secretary to permit the At-
torney General (or his designee) to—
‘‘(A) collect reports, records, and informa-
tion (including individually identifiable informa-
tion) in the possession of the center that are
relevant to an authorized investigation or pros-
ecution 
of 
an 
offense 
listed 
in 
section
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2332b(g)(5)(B) of title 18, United States Code,
or an act of domestic or international terrorism
as defined in section 2331 of that title; and
‘‘(B) for official purposes related to the in-
vestigation or prosecution of an offense de-
scribed in paragraph (1)(A), retain, dissemi-
nate, and use (including as evidence at trial or
in other administrative or judicial proceedings)
such information, consistent with such guide-
lines as the Attorney General, after consultation
with the Secretary, shall issue to protect con-
fidentiality.
‘‘(2) APPLICATION AND APPROVAL.—
‘‘(A) IN GENERAL.—An application under
paragraph (1) shall certify that there are spe-
cific and articulable facts giving reason to be-
lieve that the information sought is described in
paragraph (1)(A).
‘‘(B) The court shall issue an order de-
scribed in paragraph (1) if the court finds that
the application for the order includes the certifi-
cation described in subparagraph (A).
‘‘(3) PROTECTION.—An officer or employee
of the Department who, in good faith, produces
information in accordance with an order issued
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under this subsection does not violate sub-
section (b)(2) and shall not be liable to any per-
son for that production.’’.
TITLE VI—PROVIDING FOR VIC-
TIMS OF TERRORISM, PUBLIC
SAFETY 
OFFICERS, 
AND
THEIR FAMILIES
Subtitle A—Aid to Families of
Public Safety Officers
SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFI-
CERS INVOLVED IN THE PREVENTION, INVES-
TIGATION, RESCUE, OR RECOVERY EFFORTS
RELATED TO A TERRORIST ATTACK.
(a) IN GENERAL.—Notwithstanding the limitations
of subsection (b) of section 1201 or the provisions of sub-
sections (c), (d), and (e) of such section or section 1202
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796, 3796a), upon certification
(containing identification of all eligible payees of benefits
pursuant to section 1201 of such Act) by a public agency
that a public safety officer employed by such agency was
killed or suffered a catastrophic injury producing perma-
nent and total disability as a direct and proximate result
of a personal injury sustained in the line of duty as de-
scribed in section 1201 of such Act in connection with pre-
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vention, investigation, rescue, or recovery efforts related
to a terrorist attack, the Director of the Bureau of Justice
Assistance shall authorize payment to qualified bene-
ficiaries, said payment to be made not later than 30 days
after receipt of such certification, benefits described under
subpart 1 of part L of such Act (42 U.S.C. 3796 et seq.).
(b) DEFINITIONS.—For purposes of this section, the
terms ‘‘catastrophic injury’’, ‘‘public agency’’, and ‘‘public
safety officer’’ have the same meanings given such terms
in section 1204 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b).
SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EX-
PEDITED PAYMENTS FOR HEROIC PUBLIC
SAFETY OFFICERS.
Section 1 of Public Law 107-37 (an Act to provide
for the expedited payment of certain benefits for a public
safety officer who was killed or suffered a catastrophic in-
jury as a direct and proximate result of a personal injury
sustained in the line of duty in connection with the ter-
rorist attacks of September 11, 2001) is amended by—
(1) inserting before ‘‘by a’’ the following: ‘‘(con-
taining identification of all eligible payees of benefits
pursuant to section 1201)’’;
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(2) inserting ‘‘producing permanent and total
disability’’ after ‘‘suffered a catastrophic injury’’;
and
(3) striking ‘‘1201(a)’’ and inserting ‘‘1201’’.
SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM
PAYMENT INCREASE.
(a) PAYMENTS.—Section 1201(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796) is amended by striking ‘‘$100,000’’ and inserting
‘‘$250,000’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to any death or disability occurring
on or after January 1, 2001.
SEC. 614. OFFICE OF JUSTICE PROGRAMS.
Section 112 of title I of section 101(b) of division
A of Public Law 105–277 and section 108(a) of appendix
A of Public Law 106–113 (113 Stat. 1501A–20) are
amended—
(1) after ‘‘that Office’’, each place it occurs, by
inserting ‘‘(including, notwithstanding any contrary
provision of law (unless the same should expressly
refer to this section), any organization that admin-
isters any program established in title 1 of Public
Law 90–351)’’; and
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(2) by inserting ‘‘functions, including any’’
after ‘‘all’’.
Subtitle B—Amendments to the
Victims of Crime Act of 1984
SEC. 621. CRIME VICTIMS FUND.
(a) DEPOSIT
OF GIFTS
IN
THE FUND.—Section
1402(b) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(b)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the
end;
(2) in paragraph (4), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) any gifts, bequests, or donations to the
Fund from private entities or individuals.’’.
(b) FORMULA FOR FUND DISTRIBUTIONS.—Section
1402(c) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(c)) is amended to read as follows:
‘‘(c) FUND DISTRIBUTION; RETENTION OF SUMS IN
FUND; AVAILABILITY FOR EXPENDITURE WITHOUT FIS-
CAL YEAR LIMITATION.—
‘‘(1) Subject to the availability of money in the
Fund, in each fiscal year, beginning with fiscal year
2003, the Director shall distribute not less than 90
percent nor more than 110 percent of the amount
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(4) in subparagraph (C), by striking ‘‘3’’ and
inserting ‘‘5’’.
(d) ANTITERRORISM EMERGENCY RESERVE.—Sec-
tion 1402(d)(5) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)(5)) is amended to read as follows:
‘‘(5)(A) In addition to the amounts distributed
under paragraphs (2), (3), and (4), the Director
may set aside up to $50,000,000 from the amounts
transferred to the Fund for use in responding to the
airplane hijackings and terrorist acts that occurred
on September 11, 2001, as an antiterrorism emer-
gency reserve. The Director may replenish any
amounts expended from such reserve in subsequent
fiscal years by setting aside up to 5 percent of the
amounts remaining in the Fund in any fiscal year
after distributing amounts under paragraphs (2), (3)
and (4). Such reserve shall not exceed $50,000,000.
‘‘(B) The antiterrorism emergency reserve re-
ferred to in subparagraph (A) may be used for sup-
plemental grants under section 1404B and to pro-
vide compensation to victims of international ter-
rorism under section 1404C.
‘‘(C) Amounts in the antiterrorism emergency
reserve established pursuant to subparagraph (A)
may be carried over from fiscal year to fiscal year.
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Notwithstanding subsection (c) and section 619 of
the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations
Act, 2001 (and any similar limitation on Fund obli-
gations in any future Act, unless the same should
expressly refer to this section), any such amounts
carried over shall not be subject to any limitation on
obligations from amounts deposited to or available in
the Fund.’’.
(e) VICTIMS OF SEPTEMBER 11, 2001.—Amounts
transferred to the Crime Victims Fund for use in respond-
ing to the airplane hijackings and terrorist acts (including
any related search, rescue, relief, assistance, or other simi-
lar activities) that occurred on September 11, 2001, shall
not be subject to any limitation on obligations from
amounts deposited to or available in the Fund,
notwithstanding—
(1) section 619 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriations Act, 2001, and any
similar limitation on Fund obligations in such Act
for Fiscal Year 2002; and
(2) subsections (c) and (d) of section 1402 of
the Victims of Crime Act of 1984 (42 U.S.C.
10601).
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SEC. 622. CRIME VICTIM COMPENSATION.
(a) ALLOCATION
OF FUNDS
FOR COMPENSATION
AND ASSISTANCE.—Paragraphs (1) and (2) of section
1403(a) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(a)) are amended by inserting ‘‘in fiscal year 2002
and of 60 percent in subsequent fiscal years’’ after ‘‘40
percent’’.
(b) LOCATION OF COMPENSABLE CRIME.—Section
1403(b)(6)(B) of the Victims of Crime Act of 1984 (42
U.S.C. 10602(b)(6)(B)) is amended by striking ‘‘are out-
side the United States (if the compensable crime is ter-
rorism, as defined in section 2331 of title 18), or’’.
(c) RELATIONSHIP OF CRIME VICTIM COMPENSA-
TION
TO
MEANS-TESTED
FEDERAL
BENEFIT
PRO-
GRAMS.—Section 1403 of the Victims of Crime Act of
1984 (42 U.S.C. 10602) is amended by striking subsection
(c) and inserting the following:
‘‘(c) EXCLUSION FROM INCOME, RESOURCES, AND
ASSETS
FOR PURPOSES
OF MEANS TESTS.—Notwith-
standing any other law (other than title IV of Public Law
107–42), for the purpose of any maximum allowed income,
resource, or asset eligibility requirement in any Federal,
State, or local government program using Federal funds
that provides medical or other assistance (or payment or
reimbursement of the cost of such assistance), any amount
of crime victim compensation that the applicant receives
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through a crime victim compensation program under this
section shall not be included in the income, resources, or
assets of the applicant, nor shall that amount reduce the
amount of the assistance available to the applicant from
Federal, State, or local government programs using Fed-
eral funds, unless the total amount of assistance that the
applicant receives from all such programs is sufficient to
fully compensate the applicant for losses suffered as a re-
sult of the crime.’’.
(d) DEFINITIONS OF ‘‘COMPENSABLE CRIME’’ AND
‘‘STATE’’.—Section 1403(d) of the Victims of Crime Act
of 1984 (42 U.S.C. 10602(d)) is amended—
(1) in paragraph (3), by striking ‘‘crimes in-
volving terrorism,’’; and
(2) in paragraph (4), by inserting ‘‘the United
States Virgin Islands,’’ after ‘‘the Commonwealth of
Puerto Rico,’’.
(e) RELATIONSHIP OF ELIGIBLE CRIME VICTIM COM-
PENSATION PROGRAMS TO THE SEPTEMBER 11TH VICTIM
COMPENSATION FUND.—
(1) IN GENERAL.—Section 1403(e) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10602(e)) is
amended by inserting ‘‘including the program estab-
lished under title IV of Public Law 107–42,’’ after
‘‘Federal program,’’.
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(2) COMPENSATION.—With respect to any com-
pensation payable under title IV of Public Law 107–
42, the failure of a crime victim compensation pro-
gram, after the effective date of final regulations
issued pursuant to section 407 of Public Law 107–
42, to provide compensation otherwise required pur-
suant to section 1403 of the Victims of Crime Act
of 1984 (42 U.S.C. 10602) shall not render that
program ineligible for future grants under the Vic-
tims of Crime Act of 1984.
SEC. 623. CRIME VICTIM ASSISTANCE.
(a) ASSISTANCE FOR VICTIMS IN THE DISTRICT OF
COLUMBIA, PUERTO RICO, AND OTHER TERRITORIES
AND POSSESSIONS.—Section 1404(a) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(a)) is amended by
adding at the end the following:
‘‘(6) An agency of the Federal Government per-
forming local law enforcement functions in and on
behalf of the District of Columbia, the Common-
wealth of Puerto Rico, the United States Virgin Is-
lands, or any other territory or possession of the
United States may qualify as an eligible crime victim
assistance program for the purpose of grants under
this subsection, or for the purpose of grants under
subsection (c)(1).’’.
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(b) PROHIBITION ON DISCRIMINATION AGAINST CER-
TAIN VICTIMS.—Section 1404(b)(1) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)(1)) is amended—
(1) in subparagraph (D), by striking ‘‘and’’ at
the end;
(2) in subparagraph (E), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) does not discriminate against victims
because they disagree with the way the State is
prosecuting the criminal case.’’.
(c) GRANTS FOR PROGRAM EVALUATION AND COM-
PLIANCE EFFORTS.—Section 1404(c)(1)(A) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10603(c)(1)(A))
is amended by inserting ‘‘, program evaluation, compliance
efforts,’’ after ‘‘demonstration projects’’.
(d) ALLOCATION OF DISCRETIONARY GRANTS.—Sec-
tion 1404(c)(2) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘not more
than’’ and inserting ‘‘not less than’’; and
(2) in subparagraph (B), by striking ‘‘not less
than’’ and inserting ‘‘not more than’’.
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(e) FELLOWSHIPS AND CLINICAL INTERNSHIPS.—
Section 1404(c)(3) of the Victims of Crime Act of 1984
(42 U.S.C. 10603(c)(3)) is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at
the end;
(2) in subparagraph (D), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) use funds made available to the Di-
rector under this subsection—
‘‘(i) for fellowships and clinical intern-
ships; and
‘‘(ii) to carry out programs of training
and special workshops for the presentation
and dissemination of information resulting
from demonstrations, surveys, and special
projects.’’.
SEC. 624. VICTIMS OF TERRORISM.
(a) COMPENSATION AND ASSISTANCE TO VICTIMS OF
DOMESTIC TERRORISM.—Section 1404B(b) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended
to read as follows:
‘‘(b) VICTIMS OF TERRORISM WITHIN THE UNITED
STATES.—The Director may make supplemental grants as
provided in section 1402(d)(5) to States for eligible crime
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victim compensation and assistance programs, and to vic-
tim service organizations, public agencies (including Fed-
eral, State, or local governments) and nongovernmental
organizations that provide assistance to victims of crime,
which shall be used to provide emergency relief, including
crisis response efforts, assistance, compensation, training
and technical assistance, and ongoing assistance, including
during any investigation or prosecution, to victims of ter-
rorist acts or mass violence occurring within the United
States.’’.
(b) ASSISTANCE
TO VICTIMS
OF INTERNATIONAL
TERRORISM.—Section 1404B(a)(1) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603b(a)(1)) is amended
by striking ‘‘who are not persons eligible for compensation
under title VIII of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986’’.
(c) COMPENSATION TO VICTIMS OF INTERNATIONAL
TERRORISM.—Section 1404C(b) of the Victims of Crime
of 1984 (42 U.S.C. 10603c(b)) is amended by adding at
the end the following: ‘‘The amount of compensation
awarded to a victim under this subsection shall be reduced
by any amount that the victim received in connection with
the same act of international terrorism under title VIII
of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986.’’.
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TITLE VII—INCREASED INFOR-
MATION SHARING FOR CRIT-
ICAL INFRASTRUCTURE PRO-
TECTION
SEC. 711. EXPANSION OF REGIONAL INFORMATION SHAR-
ING SYSTEM TO FACILITATE FEDERAL-STATE-
LOCAL LAW ENFORCEMENT RESPONSE RE-
LATED TO TERRORIST ATTACKS.
Section 1301 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796h) is
amended—
(1) in subsection (a), by inserting ‘‘and ter-
rorist conspiracies and activities’’ after ‘‘activities’’;
(2) in subsection (b)—
(A) in paragraph (3), by striking ‘‘and’’
after the semicolon;
(B) by redesignating paragraph (4) as
paragraph (5);
(C) by inserting after paragraph (3) the
following:
‘‘(4) establishing and operating secure informa-
tion sharing systems to enhance the investigation
and prosecution abilities of participating enforce-
ment agencies in addressing multi-jurisdictional ter-
rorist conspiracies and activities; and (5)’’; and
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(3) by inserting at the end the following:
‘‘(d) AUTHORIZATION OF APPROPRIATION TO THE
BUREAU OF JUSTICE ASSISTANCE.—There are authorized
to be appropriated to the Bureau of Justice Assistance
to carry out this section $50,000,000 for fiscal year 2002
and $100,000,000 for fiscal year 2003.’’.
TITLE 
VIII—STRENGTHENING
THE 
CRIMINAL 
LAWS
AGAINST TERRORISM
SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIO-
LENCE 
AGAINST 
MASS 
TRANSPORTATION
SYSTEMS.
Chapter 97 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘§ 1993. Terrorist attacks and other acts of violence
against mass transportation systems
‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—
‘‘(1) wrecks, derails, sets fire to, or disables a
mass transportation vehicle or ferry;
‘‘(2) places or causes to be placed any biological
agent or toxin for use as a weapon, destructive sub-
stance, or destructive device in, upon, or near a
mass transportation vehicle or ferry, without pre-
viously obtaining the permission of the mass trans-
portation provider, and with intent to endanger the
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safety of any passenger or employee of the mass
transportation provider, or with a reckless disregard
for the safety of human life;
‘‘(3) sets fire to, or places any biological agent
or toxin for use as a weapon, destructive substance,
or destructive device in, upon, or near any garage,
terminal, structure, supply, or facility used in the
operation of, or in support of the operation of, a
mass transportation vehicle or ferry, without pre-
viously obtaining the permission of the mass trans-
portation provider, and knowing or having reason to
know such activity would likely derail, disable, or
wreck a mass transportation vehicle or ferry used,
operated, or employed by the mass transportation
provider;
‘‘(4) removes appurtenances from, damages, or
otherwise impairs the operation of a mass transpor-
tation signal system, including a train control sys-
tem, centralized dispatching system, or rail grade
crossing warning signal;
‘‘(5) interferes with, disables, or incapacitates
any dispatcher, driver, captain, or person while they
are employed in dispatching, operating, or maintain-
ing a mass transportation vehicle or ferry, with in-
tent to endanger the safety of any passenger or em-
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ployee of the mass transportation provider, or with
a reckless disregard for the safety of human life;
‘‘(6) commits an act, including the use of a
dangerous weapon, with the intent to cause death or
serious bodily injury to an employee or passenger of
a mass transportation provider or any other person
while any of the foregoing are on the property of a
mass transportation provider;
‘‘(7) conveys or causes to be conveyed false in-
formation, knowing the information to be false, con-
cerning an attempt or alleged attempt being made or
to be made, to do any act which would be a crime
prohibited by this subsection; or
‘‘(8) attempts, threatens, or conspires to do any
of the aforesaid acts,
shall be fined under this title or imprisoned not more than
twenty years, or both, if such act is committed, or in the
case of a threat or conspiracy such act would be com-
mitted, on, against, or affecting a mass transportation
provider engaged in or affecting interstate or foreign com-
merce, or if in the course of committing such act, that
person travels or communicates across a State line in
order to commit such act, or transports materials across
a State line in aid of the commission of such act.
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‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an
offense under subsection (a) in a circumstance in which—
‘‘(1) the mass transportation vehicle or ferry
was carrying a passenger at the time of the offense;
or
‘‘(2) the offense has resulted in the death of
any person,
shall be guilty of an aggravated form of the offense and
shall be fined under this title or imprisoned for a term
of years or for life, or both.
‘‘(c) DEFINITIONS.—In this section—
‘‘(1) the term ‘biological agent’ has the meaning
given to that term in section 178(1) of this title;
‘‘(2) the term ‘dangerous weapon’ has the
meaning given to that term in section 930 of this
title;
‘‘(3) the term ‘destructive device’ has the mean-
ing given to that term in section 921(a)(4) of this
title;
‘‘(4) the term ‘destructive substance’ has the
meaning given to that term in section 31 of this
title;
‘‘(5) the term ‘mass transportation’ has the
meaning given to that term in section 5302(a)(7) of
title 49, United States Code, except that the term
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shall include schoolbus, charter, and sightseeing
transportation;
‘‘(6) the term ‘serious bodily injury’ has the
meaning given to that term in section 1365 of this
title;
‘‘(7) the term ‘State’ has the meaning given to
that term in section 2266 of this title; and
‘‘(8) the term ‘toxin’ has the meaning given to
that term in section 178(2) of this title.’’.
(f) CONFORMING AMENDMENT.—The analysis of
chapter 97 of title 18, United States Code, is amended
by adding at the end:
‘‘1993. Terrorist attacks and other acts of violence against mass transportation
systems.’’.
SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
(a) DOMESTIC TERRORISM DEFINED.—Section 2331
of title 18, United States Code, is amended—
(1) in paragraph (1)(B)(iii), by striking ‘‘by as-
sassination or kidnapping’’ and inserting ‘‘by mass
destruction, assassination, or kidnapping’’;
(2) in paragraph (3), by striking ‘‘and’’;
(3) in paragraph (4), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5) the term ‘domestic terrorism’ means activi-
ties that—
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‘‘(A) involve acts dangerous to human life
that are a violation of the criminal laws of the
United States or of any State;
‘‘(B) appear to be intended—
‘‘(i) to intimidate or coerce a civilian
population;
‘‘(ii) to influence the policy of a gov-
ernment by intimidation or coercion; or
‘‘(iii) to affect the conduct of a gov-
ernment by mass destruction, assassina-
tion, or kidnapping; and
‘‘(C) occur primarily within the territorial
jurisdiction of the United States.’’.
(b) CONFORMING AMENDMENT.—Section 3077(1) of
title 18, United States Code, is amended to read as fol-
lows:
‘‘(1) ‘act of terrorism’ means an act of domestic
or international terrorism as defined in section
2331;’’.
SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.
(a) IN GENERAL.—Chapter 113B of title 18, United
States Code, is amended by adding after section 2338 the
following new section:
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‘‘§ 2339. Harboring or concealing terrorists
‘‘(a) Whoever harbors or conceals any person who he
knows, or has reasonable grounds to believe, has com-
mitted, or is about to commit, an offense under section
32 (relating to destruction of aircraft or aircraft facilities),
section 175 (relating to biological weapons), section 229
(relating to chemical weapons), section 831 (relating to
nuclear materials), paragraph (2) or (3) of section 844(f)
(relating to arson and bombing of government property
risking or causing injury or death), section 1366(a) (relat-
ing to the destruction of an energy facility), section 2280
(relating to violence against maritime navigation), section
2332a (relating to weapons of mass destruction), or sec-
tion 2332b (relating to acts of terrorism transcending na-
tional boundaries) of this title, section 236(a) (relating to
sabotage of nuclear facilities or fuel) of the Atomic Energy
Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relat-
ing to aircraft piracy) of title 49, shall be fined under this
title or imprisoned not more than ten years, or both.’’.
‘‘(b) A violation of this section may be prosecuted in
any Federal judicial district in which the underlying of-
fense was committed, or in any other Federal judicial dis-
trict as provided by law.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 113B of title 18, United States Code, is
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amended by inserting after the item for section 2338 the
following:
‘‘2339. Harboring or concealing terrorists.’’.
SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S.
FACILITIES ABROAD.
Section 7 of title 18, United States Code, is amended
by adding at the end the following:
‘‘(9) With respect to offenses committed by or
against a United States national, as defined in sec-
tion 1203(c) of this title—
‘‘(A) the premises of United States diplo-
matic, consular, military or other United States
Government missions or entities in foreign
States, including the buildings, parts of build-
ings, and land appurtenant or ancillary thereto
or used for purposes of those missions or enti-
ties, irrespective of ownership; and
‘‘(B) residences in foreign States and the
land appurtenant or ancillary thereto, irrespec-
tive of ownership, used for purposes of those
missions or entities or used by United States
personnel assigned to those missions or entities.
Nothing in this paragraph shall be deemed to super-
sede any treaty or international agreement with
which this paragraph conflicts. This paragraph does
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not apply with respect to an offense committed by
a person described in section 3261(a) of this title.’’.
SEC. 805. MATERIAL SUPPORT FOR TERRORISM.
(a) IN GENERAL.—Section 2339A of title 18, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘, within the United
States,’’;
(B) by inserting ‘‘229,’’ after ‘‘175,’’;
(C) by inserting ‘‘1993,’’ after ‘‘1992,’’;
(D) by inserting ‘‘, section 236 of the
Atomic Energy Act of 1954 (42 U.S.C. 2284),’’
after ‘‘of this title’’;
(E) by inserting ‘‘or 60123(b)’’ after
‘‘46502’’; and
(F) by inserting at the end the following:
‘‘A violation of this section may be prosecuted
in any Federal judicial district in which the un-
derlying offense was committed, or in any other
Federal judicial district as provided by law.’’;
and
(2) in subsection (b)—
(A) by striking ‘‘or other financial securi-
ties’’ and inserting ‘‘or monetary instruments
or financial securities’’; and
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‘‘(iii) derived from, involved in, or used or
intended to be used to commit any act of do-
mestic or international terrorism (as defined in
section 2331) against the United States, citi-
zens or residents of the United States, or their
property.’’.
SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVI-
SION 
OF 
MATERIAL 
SUPPORT 
TO 
TER-
RORISM.
No provision of the Trade Sanctions Reform and Ex-
port Enhancement Act of 2000 (title IX of Public Law
106–387) shall be construed to limit or otherwise affect
section 2339A or 2339B of title 18, United States Code.
SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.
Section 2332b of title 18, United States Code, is
amended—
(1) in subsection (f), by inserting after ‘‘ter-
rorism’’ the following: ‘‘and any violation of section
351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b),
1366(c), 1751(e), 2152, or 2156 of this title,’’ be-
fore ‘‘and the Secretary’’; and
(2) in subsection (g)(5)(B), by striking clauses
(i) through (iii) and inserting the following:
‘‘(i) section 32 (relating to destruction
of aircraft or aircraft facilities), 37 (relat-
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SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TER-
RORISM OFFENSES.
(a) IN GENERAL.—Section 3286 of title 18, United
States Code, is amended to read as follows:
‘‘§ 3286. Extension of statute of limitation for certain
terrorism offenses
‘‘(a) EIGHT-YEAR
LIMITATION.—Notwithstanding
section 3282, no person shall be prosecuted, tried, or pun-
ished for any noncapital offense involving a violation of
any provision listed in section 2332b(g)(5)(B), or a viola-
tion of section 112, 351(e), 1361, or 1751(e) of this title,
or section 46504, 46505, or 46506 of title 49, unless the
indictment is found or the information is instituted within
8 years after the offense was committed. Notwithstanding
the preceding sentence, offenses listed in section 3295 are
subject to the statute of limitations set forth in that sec-
tion.
‘‘(b) NO LIMITATION.—Notwithstanding any other
law, an indictment may be found or an information insti-
tuted at any time without limitation for any offense listed
in section 2332b(g)(5)(B), if the commission of such of-
fense resulted in, or created a forseeable risk of, death
or serious bodily injury to another person.’’.
(b) APPLICATION.—The amendments made by this
section shall apply to the prosecution of any offense com-
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mitted before, on, or after the date of the enactment of
this section.
SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TER-
RORISM OFFENSES.
(a) ARSON.—Section 81 of title 18, United States
Code, is amended in the second undesignated paragraph
by striking ‘‘not more than twenty years’’ and inserting
‘‘for any term of years or for life’’.
(b) DESTRUCTION OF AN ENERGY FACILITY.—Sec-
tion 1366 of title 18, United States Code, is amended—
(1) in subsection (a), by striking ‘‘ten’’ and in-
serting ‘‘20’’; and
(2) by adding at the end the following:
‘‘(d) Whoever is convicted of a violation of subsection
(a) or (b) that has resulted in the death of any person
shall be subject to imprisonment for any term of years
or life.’’.
(c) MATERIAL SUPPORT TO TERRORISTS.—Section
2339A(a) of title 18, United States Code, is amended—
(1) by striking ‘‘10’’ and inserting ‘‘15’’; and
(2) by striking the period and inserting ‘‘, and,
if the death of any person results, shall be impris-
oned for any term of years or for life.’’.
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(d) MATERIAL SUPPORT TO DESIGNATED FOREIGN
TERRORIST ORGANIZATIONS.—Section 2339B(a)(1) of
title 18, United States Code, is amended—
(1) by striking ‘‘10’’ and inserting ‘‘15’’; and
(2) by striking the period after ‘‘or both’’ and
inserting ‘‘, and, if the death of any person results,
shall be imprisoned for any term of years or for
life.’’.
(e) DESTRUCTION OF NATIONAL-DEFENSE MATE-
RIALS.—Section 2155(a) of title 18, United States Code,
is amended—
(1) by striking ‘‘ten’’ and inserting ‘‘20’’; and
(2) by striking the period at the end and insert-
ing ‘‘, and, if death results to any person, shall be
imprisoned for any term of years or for life.’’.
(f) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—
Section 236 of the Atomic Energy Act of 1954 (42 U.S.C.
2284), is amended—
(1) by striking ‘‘ten’’ each place it appears and
inserting ‘‘20’’;
(2) in subsection (a), by striking the period at
the end and inserting ‘‘, and, if death results to any
person, shall be imprisoned for any term of years or
for life.’’; and
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(3) in subsection (b), by striking the period at
the end and inserting ‘‘, and, if death results to any
person, shall be imprisoned for any term of years or
for life.’’.
(g) SPECIAL
AIRCRAFT
JURISDICTION
OF
THE
UNITED STATES.—Section 46505(c) of title 49, United
States Code, is amended—
(1) by striking ‘‘15’’ and inserting ‘‘20’’; and
(2) by striking the period at the end and insert-
ing ‘‘, and, if death results to any person, shall be
imprisoned for any term of years or for life.’’.
(h) DAMAGING OR DESTROYING AN INTERSTATE GAS
OR HAZARDOUS LIQUID PIPELINE FACILITY.—Section
60123(b) of title 49, United States Code, is amended—
(1) by striking ‘‘15’’ and inserting ‘‘20’’; and
(2) by striking the period at the end and insert-
ing ‘‘, and, if death results to any person, shall be
imprisoned for any term of years or for life.’’.
SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.
(a) ARSON.—Section 81 of title 18, United States
Code, is amended in the first undesignated paragraph—
(1) by striking ‘‘, or attempts to set fire to or
burn’’; and
(2) by inserting ‘‘or attempts or conspires to do
such an act,’’ before ‘‘shall be imprisoned’’.
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(b) KILLINGS
IN FEDERAL FACILITIES.—Section
930(c) of title 18, United States Code, is amended—
(1) by striking ‘‘or attempts to kill’’;
(2) by inserting ‘‘or attempts or conspires to do
such an act,’’ before ‘‘shall be punished’’; and
(3) by striking ‘‘and 1113’’ and inserting
‘‘1113, and 1117’’.
(c) COMMUNICATIONS LINES, STATIONS, OR SYS-
TEMS.—Section 1362 of title 18, United States Code, is
amended in the first undesignated paragraph—
(1) by striking ‘‘or attempts willfully or mali-
ciously to injure or destroy’’; and
(2) by inserting ‘‘or attempts or conspires to do
such an act,’’ before ‘‘shall be fined’’.
(d) BUILDINGS
OR PROPERTY WITHIN SPECIAL
MARITIME
AND TERRITORIAL JURISDICTION.—Section
1363 of title 18, United States Code, is amended—
(1) by striking ‘‘or attempts to destroy or in-
jure’’; and
(2) by inserting ‘‘or attempts or conspires to do
such an act,’’ before ‘‘shall be fined’’ the first place
it appears.
(e) WRECKING TRAINS.—Section 1992 of title 18,
United States Code, is amended by adding at the end the
following:
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‘‘(c) A person who conspires to commit any offense
defined in this section shall be subject to the same pen-
alties (other than the penalty of death) as the penalties
prescribed for the offense, the commission of which was
the object of the conspiracy.’’.
(f) MATERIAL SUPPORT TO TERRORISTS.—Section
2339A of title 18, United States Code, is amended by in-
serting ‘‘or attempts or conspires to do such an act,’’ be-
fore ‘‘shall be fined’’.
(g) TORTURE.—Section 2340A of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(c) CONSPIRACY.—A person who conspires to com-
mit an offense under this section shall be subject to the
same penalties (other than the penalty of death) as the
penalties prescribed for the offense, the commission of
which was the object of the conspiracy.’’.
(h) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.—
Section 236 of the Atomic Energy Act of 1954 (42 U.S.C.
2284), is amended—
(1) in subsection (a)—
(A) by striking ‘‘, or who intentionally and
willfully attempts to destroy or cause physical
damage to’’;
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(B) in paragraph (4), by striking the pe-
riod at the end and inserting a comma; and
(C) by inserting ‘‘or attempts or conspires
to do such an act,’’ before ‘‘shall be fined’’; and
(2) in subsection (b)—
(A) by striking ‘‘or attempts to cause’’;
and
(B) by inserting ‘‘or attempts or conspires
to do such an act,’’ before ‘‘shall be fined’’.
(i) INTERFERENCE WITH FLIGHT CREW MEMBERS
AND ATTENDANTS.—Section 46504 of title 49, United
States Code, is amended by inserting ‘‘or attempts or con-
spires to do such an act,’’ before ‘‘shall be fined’’.
(j) SPECIAL
AIRCRAFT
JURISDICTION
OF
THE
UNITED STATES.—Section 46505 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(e) CONSPIRACY.—If two or more persons conspire
to violate subsection (b) or (c), and one or more of such
persons do any act to effect the object of the conspiracy,
each of the parties to such conspiracy shall be punished
as provided in such subsection.’’.
(k) DAMAGING OR DESTROYING AN INTERSTATE GAS
OR HAZARDOUS LIQUID PIPELINE FACILITY.—Section
60123(b) of title 49, United States Code, is amended—
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(1) by striking ‘‘, or attempting to damage or
destroy,’’; and
(2) by inserting ‘‘, or attempting or conspiring
to do such an act,’’ before ‘‘shall be fined’’.
SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.
Section 3583 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(j) SUPERVISED RELEASE TERMS FOR TERRORISM
PREDICATES.—Notwithstanding subsection (b), the au-
thorized term of supervised release for any offense listed
in section 2332b(g)(5)(B), the commission of which re-
sulted in, or created a foreseeable risk of, death or serious
bodily injury to another person, is any term of years or
life.’’.
SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKET-
EERING ACTIVITY.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or (F)’’ and inserting ‘‘(F)’’;
and
(2) by inserting before the semicolon at the end
the following: ‘‘, or (G) any act that is indictable
under 
any 
provision 
listed 
in 
section
2332b(g)(5)(B)’’.
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SEC. 
814. 
DETERRENCE 
AND 
PREVENTION 
OF
CYBERTERRORISM.
(a) CLARIFICATION OF PROTECTION OF PROTECTED
COMPUTERS.—Section 1030(a)(5) of title 18, United
States Code, is amended—
(1) by inserting ‘‘(i)’’ after (A)’’;
(2) by redesignating subparagraphs (B) and
(C) as clauses (ii) and (iii), respectively;
(3) by adding ‘‘and’’ at the end of clause (iii),
as so redesignated; and
(4) by adding at the end the following:
‘‘(B) caused (or, in the case of an at-
tempted offense, would, if completed, have
caused) conduct described in in clause (i), (ii),
or (iii) of subparagraph (A) that resulted in—
‘‘(i) loss to 1 or more persons during
any 1-year period (including loss resulting
from a related course of conduct affecting
1 or more other protected computers) ag-
gregating at least $5,000 in value;
‘‘(ii) the modification or impairment,
or potential modification or impairment, of
the medical examination, diagnosis, treat-
ment, or care of 1 or more individuals;
‘‘(iii) physical injury to any person;
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‘‘(iv) a threat to public health or safe-
ty; or
‘‘(v) damage affecting a computer sys-
tem used by or for a Government entity in
furtherance of the administration of jus-
tice, national defense, or national secu-
rity;’’.
(b) PENALTIES.—Section 1030(c) of title 18, United
States Code is amended—
(1) in paragraph (2)—
(A) in subparagraph (A) —
(i) by inserting ‘‘except as provided in
subparagraph (B),’’ before ‘‘a fine’’;
(ii) by striking ‘‘(a)(5)(C)’’ and in-
serting ‘‘(a)(5)(A)(iii)’’; and
(iii) by striking ‘‘and’ at the end;
(B) in subparagraph (B), by inserting ‘‘or
an attempt to commit an offense punishable
under this subparagraph,’’ after ‘‘subsection
(a)(2),’’ in the matter preceding clause (i); and
(C) in subparagraph (C), by striking
‘‘and’’ at the end;
(2) in paragraph (3)—
(A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’
both places it appears; and
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(B) by striking ‘‘and’’ at the end; and
(3) by striking ‘‘(a)(5)(C)’’ and inserting
‘‘(a)(5)(A)(iii)’’; and
(4) by adding at the end the following new
paragraphs:
‘‘(4)(A) a fine under this title, imprisonment
for not more than 10 years, or both, in the case of
an offense under subsection (a)(5)(A)(i), or an at-
tempt to commit an offense punishable under that
subsection;
‘‘(B) a fine under this title, imprisonment
for not more than 5 years, or both, in the case
of an offense under subsection (a)(5)(A)(ii), or
an attempt to commit an offense punishable
under that subsection;
‘‘(C) a fine under this title, imprisonment
for not more than 20 years, or both, in the case
of an offense under subsection (a)(5)(A)(i) or
(a)(5)(A)(ii), or an attempt to commit an of-
fense punishable under either subsection, that
occurs after a conviction for another offense
under this section.’’.
(c) DEFINITIONS.—Subsection (e) of section 1030 of
title 18, United States Code is amended—
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(1) in paragraph (2)(B), by inserting ‘‘, includ-
ing a computer located outside the United States’’
before the semicolon;
(2) in paragraph (7), by striking ‘‘and’’ at the
end;
(3) by striking paragraph (8) and inserting the
following new paragraph (8):
‘‘(8) the term ‘damage’ means any impairment
to the integrity or availability of data, a program, a
system, or information;’’;
(4) in paragraph (9), by striking the period at
the end and inserting a semicolon; and
(5) by adding at the end the following new
paragraphs:
‘‘(10) the term ‘conviction’ shall include a con-
viction under the law of any State for a crime pun-
ishable by imprisonment for more than 1 year, an
element of which is unauthorized access, or exceed-
ing authorized access, to a computer;
‘‘(11) the term ‘loss’ includes any reasonable
cost to any victim, including the cost of responding
to an offense, conducting a damage assessment, and
restoring the data, program, system, or information
to its condition prior to the offense, and any revenue
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lost, cost incurred, or other consequential damages
incurred because of interruption of service;
‘‘(12) the term ‘person’ means any individual,
firm, corporation, educational institution, financial
institution, governmental entity, or legal or other en-
tity;’’.
(d) DAMAGES IN CIVIL ACTIONS.—Subsection (g) of
section 1030 of title 18, United States Code is amended—
(1) by striking the second sentence and insert-
ing the following new sentences: ‘‘A suit for a viola-
tion of subsection (a)(5) may be brought only if the
conduct involves one of the factors enumerated in
subsection (a)(5)(B). Damages for a violation involv-
ing only conduct described in subsection (a)(5)(B)(i)
are limited to economic damages.’’; and
(2) by adding at the end the following: ‘‘No ac-
tion may be brought under this subsection for the
negligent design or manufacture of computer hard-
ware, computer software, or firmware.’’.
(e) AMENDMENT OF SENTENCING GUIDELINES RE-
LATING TO CERTAIN COMPUTER FRAUD AND ABUSE.—
Pursuant to its authority under section 994(p) of title 28,
United States Code, the United States Sentencing Com-
mission shall amend the Federal sentencing guidelines to
ensure that any individual convicted of a violation of sec-
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tion 1030 of title 18, United States Code, can be subjected
to appropriate penalties, without regard to any mandatory
minimum term of imprisonment.
SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELAT-
ING TO PRESERVING RECORDS IN RESPONSE
TO GOVERNMENT REQUESTS.
Section 2707(e)(1) of title 18, United States Code,
is amended by inserting after ‘‘or statutory authorization’’
the following: ‘‘(including a request of a governmental en-
tity under section 2703(f) of this title)’’.
SEC. 
816. 
DEVELOPMENT 
AND 
SUPPORT 
OF
CYBERSECURITY FORENSIC CAPABILITIES.
(a) IN GENERAL.—The Attorney General shall estab-
lish such regional computer forensic laboratories as the
Attorney General considers appropriate, and provide sup-
port to existing computer forensic laboratories, in order
that all such computer forensic laboratories have the
capability—
(1) to provide forensic examinations with re-
spect to seized or intercepted computer evidence re-
lating to criminal activity (including cyberterrorism);
(2) to provide training and education for Fed-
eral, State, and local law enforcement personnel and
prosecutors regarding investigations, forensic anal-
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yses, and prosecutions of computer-related crime (in-
cluding cyberterrorism);
(3) to assist Federal, State, and local law en-
forcement in enforcing Federal, State, and local
criminal laws relating to computer-related crime;
(4) to facilitate and promote the sharing of
Federal law enforcement expertise and information
about the investigation, analysis, and prosecution of
computer-related crime with State and local law en-
forcement personnel and prosecutors, including the
use of multijurisdictional task forces; and
(5) to carry out such other activities as the At-
torney General considers appropriate.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—There is hereby author-
ized to be appropriated in each fiscal year
$50,000,000 for purposes of carrying out this sec-
tion.
(2) AVAILABILITY.—Amounts appropriated pur-
suant to the authorization of appropriations in para-
graph (1) shall remain available until expended.
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TITLE IX—IMPROVED
INTELLIGENCE
SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL
INTELLIGENCE REGARDING FOREIGN INTEL-
LIGENCE COLLECTED UNDER FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978.
Section 103(c) of the National Security Act of 1947
(50 U.S.C. 403–3(c)) is amended—
(1) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(2) by inserting after paragraph (5) the fol-
lowing new paragraph (6):
‘‘(6) establish requirements and priorities for
foreign intelligence information to be collected under
the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.), and provide assistance to
the Attorney General to ensure that information de-
rived from electronic surveillance or physical
searches under that Act is disseminated so it may be
used efficiently and effectively for foreign intel-
ligence purposes, except that the Director shall have
no authority to direct, manage, or undertake elec-
tronic surveillance or physical search operations pur-
suant to that Act unless otherwise authorized by
statute or executive order;’’.
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SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST AC-
TIVITIES WITHIN SCOPE OF FOREIGN INTEL-
LIGENCE UNDER NATIONAL SECURITY ACT
OF 1947.
Section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended—
(1) in paragraph (2), by inserting before the pe-
riod the following: ‘‘, or international terrorist activi-
ties’’; and
(2) in paragraph (3), by striking ‘‘and activities
conducted’’ and inserting ‘‘, and activities con-
ducted,’’.
SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT
AND MAINTENANCE OF INTELLIGENCE RELA-
TIONSHIPS TO ACQUIRE INFORMATION ON
TERRORISTS 
AND 
TERRORIST 
ORGANIZA-
TIONS.
It is the sense of Congress that officers and employ-
ees of the intelligence community of the Federal Govern-
ment, acting within the course of their official duties,
should be encouraged, and should make every effort, to
establish and maintain intelligence relationships with any
person, entity, or group for the purpose of engaging in
lawful intelligence activities, including the acquisition of
information on the identity, location, finances, affiliations,
capabilities, plans, or intentions of a terrorist or terrorist
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organization, or information on any other person, entity,
or group (including a foreign government) engaged in har-
boring, comforting, financing, aiding, or assisting a ter-
rorist or terrorist organization.
SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL
TO 
CONGRESS 
OF 
REPORTS 
ON 
INTEL-
LIGENCE AND INTELLIGENCE-RELATED MAT-
TERS.
(a) AUTHORITY TO DEFER.—The Secretary of De-
fense, Attorney General, and Director of Central Intel-
ligence each may, during the effective period of this sec-
tion, defer the date of submittal to Congress of any cov-
ered intelligence report under the jurisdiction of such offi-
cial until February 1, 2002.
(b) COVERED INTELLIGENCE REPORT.—Except as
provided in subsection (c), for purposes of subsection (a),
a covered intelligence report is as follows:
(1) Any report on intelligence or intelligence-re-
lated activities of the United States Government
that is required to be submitted to Congress by an
element of the intelligence community during the ef-
fective period of this section.
(2) Any report or other matter that is required
to be submitted to the Select Committee on Intel-
ligence of the Senate and Permanent Select Com-
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mittee on Intelligence of the House of Representa-
tives by the Department of Defense or the Depart-
ment of Justice during the effective period of this
section.
(c) EXCEPTION FOR CERTAIN REPORTS.—For pur-
poses of subsection (a), any report required by section 502
or 503 of the National Security Act of 1947 (50 U.S.C.
413a, 413b) is not a covered intelligence report.
(d) NOTICE TO CONGRESS.—Upon deferring the date
of submittal to Congress of a covered intelligence report
under subsection (a), the official deferring the date of sub-
mittal of the covered intelligence report shall submit to
Congress notice of the deferral. Notice of deferral of a re-
port shall specify the provision of law, if any, under which
the report would otherwise be submitted to Congress.
(e) EXTENSION OF DEFERRAL.—(1) Each official
specified in subsection (a) may defer the date of submittal
to Congress of a covered intelligence report under the ju-
risdiction of such official to a date after February 1, 2002,
if such official submits to the committees of Congress
specified in subsection (b)(2) before February 1, 2002, a
certification that preparation and submittal of the covered
intelligence report on February 1, 2002, will impede the
work of officers or employees who are engaged in
counterterrorism activities.
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(2) A certification under paragraph (1) with respect
to a covered intelligence report shall specify the date on
which the covered intelligence report will be submitted to
Congress.
(f) EFFECTIVE PERIOD.—The effective period of this
section is the period beginning on the date of the enact-
ment of this Act and ending on February 1, 2002.
(g) ELEMENT OF THE INTELLIGENCE COMMUNITY
DEFINED.—In this section, the term ‘‘element of the intel-
ligence community’’ means any element of the intelligence
community specified or designated under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTEL-
LIGENCE OF FOREIGN INTELLIGENCE-RE-
LATED INFORMATION WITH RESPECT TO
CRIMINAL INVESTIGATIONS.
(a) IN GENERAL.—Title I of the National Security
Act of 1947 (50 U.S.C. 402 et seq.) is amended—
(1) by redesignating subsection 105B as section
105C; and
(2) by inserting after section 105A the fol-
lowing new section 105B:
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‘‘DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN
CRIMINAL
INVESTIGATIONS; NOTICE
OF
CRIMINAL
INVESTIGATIONS
OF
FOREIGN
INTELLIGENCE
SOURCES
‘‘SEC. 105B. (a) DISCLOSURE OF FOREIGN INTEL-
LIGENCE.—(1) Except as otherwise provided by law and
subject to paragraph (2), the Attorney General, or the
head of any other department or agency of the Federal
Government with law enforcement responsibilities, shall
expeditiously disclose to the Director of Central Intel-
ligence, pursuant to guidelines developed by the Attorney
General in consultation with the Director, foreign intel-
ligence acquired by an element of the Department of Jus-
tice or an element of such department or agency, as the
case may be, in the course of a criminal investigation.
‘‘(2) The Attorney General by regulation and in con-
sultation with the Director of Central Intelligence may
provide for exceptions to the applicability of paragraph (1)
for one or more classes of foreign intelligence, or foreign
intelligence with respect to one or more targets or matters,
if the Attorney General determines that disclosure of such
foreign intelligence under that paragraph would jeopardize
an ongoing law enforcement investigation or impair other
significant law enforcement interests.
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‘‘(b) PROCEDURES FOR NOTICE OF CRIMINAL INVES-
TIGATIONS.—Not later than 180 days after the date of
enactment of this section, the Attorney General, in con-
sultation with the Director of Central Intelligence, shall
develop guidelines to ensure that after receipt of a report
from an element of the intelligence community of activity
of a foreign intelligence source or potential foreign intel-
ligence source that may warrant investigation as criminal
activity, the Attorney General provides notice to the Direc-
tor of Central Intelligence, within a reasonable period of
time, of his intention to commence, or decline to com-
mence, a criminal investigation of such activity.
‘‘(c) PROCEDURES.—The Attorney General shall de-
velop procedures for the administration of this section, in-
cluding the disclosure of foreign intelligence by elements
of the Department of Justice, and elements of other de-
partments and agencies of the Federal Government, under
subsection (a) and the provision of notice with respect to
criminal investigations under subsection (b).’’.
(b) CLERICAL AMENDMENT.—The table of contents
in the first section of that Act is amended by striking the
item relating to section 105B and inserting the following
new items:
‘‘Sec. 105B. Disclosure of foreign intelligence acquired in criminal investiga-
tions; notice of criminal investigations of foreign intelligence
sources.
‘‘Sec. 105C. Protection of the operational files of the National Imagery and
Mapping Agency.’’.