sections (a) and (b) of this section and the number
of orders, warrants, or subpoenas granted or denied
pursuant to subsections (a) and (b) of this section
during the preceding calendar year. Such report
shall include a summary and analysis of the data re-
quired to be filed with the Administrative Office by
paragraphs (1) and (2) of this subsection. The Di-
rector of the Administrative Office of the United
States Courts is authorized to issue binding regula-
tions dealing with the content and form of the re-
ports required to be filed by paragraphs (1) and (2)
of this subsection.’’.
Subtitle 
B—Foreign 
Intelligence
Surveillance and Other Informa-
tion
SEC. 151. PERIOD OF ORDERS OF ELECTRONIC SURVEIL-
LANCE OF NON-UNITED STATES PERSONS
UNDER FOREIGN INTELLIGENCE SURVEIL-
LANCE.
(a) INCLUDING AGENTS OF A FOREIGN POWER.—(1)
Section 105(e)(1) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1805(e)(1)) is amended by insert-
ing ‘‘or an agent of a foreign power, as defined in section
101(b)(1)(A),’’ after ‘‘or (3),’’.
(2) Section 304(d)(1) of such Act (50 U.S.C.
1824(d)(1)) is amended by inserting ‘‘or an agent of a
foreign power, as defined in section 101(b)(1)(A),’’ after
‘‘101(a),’’.
(b) PERIOD OF ORDER.—Such section 304(d)(1) is
further amended by striking ‘‘forty-five’’ and inserting
‘‘90’’.
SEC. 152. MULTI-POINT AUTHORITY.
Section 105(c)(2)(B) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amend-
ed by inserting ‘‘, or, in circumstances where the Court
finds that the actions of the target of the electronic sur-
veillance may have the effect of thwarting the identifica-
tion of a specified person, such other persons,’’ after
‘‘specified person’’.
SEC. 153. FOREIGN INTELLIGENCE INFORMATION.
Sections 104(a)(7)(B) and 303(a)(7)(B) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C.
1804(a)(7)(B), 1823(a)(7)(B)) are each amended by
striking ‘‘that the’’ and inserting ‘‘that a significant’’.
SEC. 154. FOREIGN INTELLIGENCE INFORMATION SHAR-
ING.
Notwithstanding any other provision of law, it shall
be lawful for foreign intelligence information obtained as
part of a criminal investigation (including information ob-
tained pursuant to chapter 119 of title 18, United States
Code) to be provided to any Federal law-enforcement-, in-
telligence-, protective-, national-defense, or immigration
personnel, or the President or the Vice President of the
United States, for the performance of official duties.
SEC. 155. PEN REGISTER AND TRAP AND TRACE AUTHOR-
ITY.
Section 402(c) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1842(c)) is amended—
(1) in paragraph (1), by adding ‘‘and’’ at the
end;
(2) in paragraph (2)—
(A) by inserting ‘‘from the telephone line
to which the pen register or trap and trace de-
vice is to be attached, or the communication in-
strument or device to be covered by the pen
register or trap and trace device’’ after ‘‘ob-
tained’’; and
(B) by striking ‘‘; and’’ and inserting a pe-
riod; and
(3) by striking paragraph (3).
SEC. 156. BUSINESS RECORDS.
(a) IN GENERAL.—Section 501 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1861) is
amended to read as follows:
‘‘ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM IN-
VESTIGATIONS
‘‘SEC. 501. (a) In any investigation to gather foreign
intelligence information or an investigation concerning
international terrorism, such investigation being con-
ducted by the Federal Bureau of Investigation under such
guidelines as the Attorney General may approve pursuant
to Executive Order No. 12333 (or a successor order), the
Director of the Federal Bureau of Investigation or a des-
ignee of the Director (whose rank shall be no lower than
Assistant Special Agent in Charge) may make an applica-
tion for an order requiring the production of any tangible
things (including books, records, papers, documents, and
other items) that are relevant to the investigation.
‘‘(b) Each application under this section—
‘‘(1) shall be made to—
‘‘(A) a judge of the court established by
section 103(a) of this Act; or
‘‘(B) a United States magistrate judge
under chapter 43 of title 28, United States
Code, who is publicly designated by the Chief
Justice of the United States to have the power
to hear applications and grant orders for the
release of records under this section on behalf
of a judge of that court; and
‘‘(2) shall specify that the records concerned
are sought for an investigation described in sub-
section (a).
‘‘(c)(1) Upon application made pursuant to this sec-
tion, the judge shall enter an ex parte order as requested
requiring the production the tangible things sought if the
judge finds that the application satisfies the requirements
of this section.
‘‘(2) An order under this subsection shall not disclose
that it is issued for purposes of an investigation described
in subsection (a).
‘‘(d) A person who, in good faith, produces tangible
things under an order issued pursuant to this section shall
not be liable to any other person for such production. Such
production shall not be deemed to constitute a waiver of
any privilege in any other proceeding or context.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 502 of
such Act (50 U.S.C. 1862) is repealed.
(2) Section 503 of such Act (50 U.S.C. 1863) is re-
designated as section 502.
(c) CLERICAL AMENDMENT.—The table of contents
at the beginning of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) is amended by strik-
ing the items relating to title V and inserting the fol-
lowing:
‘‘TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS FOR
FOREIGN INTELLIGENCE PURPOSES
‘‘501. Access to certain business records for foreign intelligence and inter-
national terrorism investigations.
‘‘502. Congressional oversight.’’.
SEC. 157. MISCELLANEOUS NATIONAL-SECURITY AUTHORI-
TIES.
(a) Section 2709(b) of title 18, United States Code,
is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘, or electronic commu-
nication transactional records’’ after ‘‘toll bill-
ing records’’; and
(B) by striking ‘‘made that’’ and all that
follows through the end of such paragraph and
inserting ‘‘made that the name, address, length
of service, and toll billing records sought are
relevant to an authorized foreign counterintel-
ligence investigation; and’’; and
(2) in paragraph (2), by striking ‘‘made that’’
and all that follows through the end and inserting
‘‘made that the information sought is relevant to an
authorized 
foreign 
counterintelligence 
investiga-
tion.’’.
(b) Section 624 of Public Law 90–321 (15 U.S.C.
1681u) is amended—
(1) in subsection (a), by striking ‘‘writing that’’
and all that follows through the end and inserting
‘‘writing that such information is necessary for the
conduct of an authorized foreign counterintelligence
investigation.’’;
(2) in subsection (b), by striking ‘‘writing that’’
and all that follows through the end and inserting
‘‘writing that such information is necessary for the
conduct of an authorized foreign counterintelligence
investigation.’’; and
(3) in subsection (c), by striking ‘‘camera that’’
and all that follows through ‘‘States.’’ and inserting
‘‘camera that the consumer report is necessary for
the conduct of an authorized foreign counterintel-
ligence investigation.’’.
SEC. 158. PROPOSED LEGISLATION.
Not later than August 31, 2003, the President shall
propose legislation relating to the provisions set to expire
by section 160 of this Act as the President may judge nec-
essary and expedient.
SEC. 159. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1702) is amended in sub-
section (a)(1)—
(1) in subparagraph (A)—
(A) in clause (ii), by adding ‘‘or’’ after
‘‘thereof,’’; and
(B) by striking clause (iii) and inserting
the following:
‘‘(iii) the importing or exporting of cur-
rency or securities,
by any person, or with respect to any property, sub-
ject to the jurisdiction of the United States;’’;
(2) by striking after subparagraph (B),
‘‘by any person, or with respect to any prop-
erty, subject to the jurisdiction of the United
States’’;
(3) in subparagraph (B)—
(A) by inserting after ‘‘investigate’’ the fol-
lowing: ‘‘, block during the pendency of an in-
vestigation for a period of not more than 90
days (which may be extended by an additional
60 days if the President determines that such
blocking is necessary to carry out the purposes
of this Act),’’; and
(B) by striking ‘‘interest;’’ and inserting
‘‘interest, by any person, or with respect to any
property, subject to the jurisdiction of the
United States; and’’; and
(4) by adding at the end the following new sub-
paragraph:
‘‘(C) when a statute has been enacted author-
izing the use of force by United States armed forces
against a foreign country, foreign organization, or
foreign national, or when the United States has been
subject to an armed attack by a foreign country, for-
eign organization, or foreign national, confiscate any
property, subject to the jurisdiction of the United
States, of any foreign country, foreign organization,
or foreign national against whom United States
armed forces may be used pursuant to such statute
or, in the case of an armed attack against the
United States, that the President determines has
planned, authorized, aided, or engaged in such at-
tack; and
‘‘(i) all right, title, and interest in any
property so confiscated shall vest when, as, and
upon the terms directed by the President, in
such agency or person as the President may
designate from time to time,
‘‘(ii) upon such terms and conditions as
the President may prescribe, such interest or
property shall be held, used, administered, liq-
uidated, sold, or otherwise dealt with in the in-
terest of and for the benefit of the United
States, except that the proceeds of any such liq-
uidation or sale, or any cash assets, shall be
segregated from other United States Govern-
ment funds and shall be used only pursuant to
a statute authorizing the expenditure of such
proceeds or assets, and
‘‘(iii) such designated agency or person
may perform any and all acts incident to the
accomplishment or furtherance of these pur-
poses.’’.
SEC. 160. SUNSET.
This title and the amendments made by this title
(other than sections 109 (relating to clarification of scope)
and 159 (relating to presidential authority)) and the
amendments made by those sections shall take effect on
the date of enactment of this Act and shall cease to have
any effect on December 31, 2003.
TITLE II—ALIENS ENGAGING IN
TERRORIST ACTIVITY
Subtitle A—Detention and Removal
of Aliens Engaging in Terrorist
Activity
SEC. 201. CHANGES IN CLASSES OF ALIENS WHO ARE INELI-
GIBLE FOR ADMISSION AND DEPORTABLE
DUE TO TERRORIST ACTIVITY.
(a) ALIENS INELIGIBLE FOR ADMISSION DUE TO
TERRORIST ACTIVITIES.—Section 212(a)(3)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(3)(B))
is amended—
(1) in clause (i)—
(A) in subclauses (I), (II), and (III), by
striking the comma at the end and inserting a
semicolon;
(B) by amending subclause (IV) to read as
follows:
‘‘(IV) is a representative of—
‘‘(a) a foreign terrorist orga-
nization, as designated by the
Secretary of State under section
219; or
‘‘(b) a political, social, or
other similar group whose public
endorsement of terrorist activity
the Secretary of State has deter-
mined undermines the efforts of
the United States to reduce or
eliminate terrorist activities;’’;
(C) in subclause (V), by striking any
comma at the end, by striking any ‘‘or’’ at the
end, and by adding ‘‘; or’’ at the end; and
(D) by inserting after subclause (V) the
following:
‘‘(VI) has used the alien’s promi-
nence within a foreign state or the
United States to endorse or espouse
terrorist activity, or to persuade oth-
ers to support terrorist activity or a
terrorist organization, in a way that
the Secretary of State has determined
undermines the efforts of the United
States to reduce or eliminate terrorist
activities;’’;
(2) in clause (ii)—
(A) in the matter preceding subclause (I),
by striking ‘‘(or which, if committed in the
United States,’’ and inserting ‘‘(or which, if it
had been or were to be committed in the United
States,’’; and
(B) in subclause (V)(b), by striking ‘‘explo-
sive or firearm’’ and inserting ‘‘explosive, fire-
arm, or other object’’;
(3) by amending clause (iii) to read as follows:
‘‘(iii) ENGAGE IN TERRORIST ACTIV-
ITY DEFINED.—As used in this Act, the
term ‘engage in terrorist activity’ means,
in an individual capacity or as a member
of an organization—
‘‘(I) to commit a terrorist activ-
ity;
‘‘(II) to plan or prepare to com-
mit a terrorist activity;
‘‘(III) to gather information on
potential targets for a terrorist activ-
ity;
‘‘(IV) to solicit funds or other
things of value for—
‘‘(a) a terrorist activity;
‘‘(b) an organization des-
ignated as a foreign terrorist or-
ganization under section 219; or
‘‘(c) a terrorist organization
described in clause (v)(II), but
only if the solicitor knows, or rea-
sonably should know, that the so-
licitation would further a ter-
rorist activity;
‘‘(V) to solicit any individual—
‘‘(a) to engage in conduct
otherwise 
described 
in 
this
clause;
‘‘(b) for membership in a
terrorist government;
‘‘(c) for membership in an
organization designated as a for-
eign terrorist organization under
section 219; or
‘‘(d) for membership in a
terrorist organization described
in clause (v)(II), but only if the
solicitor knows, or reasonably
should know, that the solicitation
would further a terrorist activity;
or
‘‘(VI) to commit an act that the
actor knows, or reasonably should
know, affords material support, in-
cluding a safe house, transportation,
communications, funds, transfer of
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
ological, and radiological weapons),
explosives, or training—
‘‘(a) for the commission of a
terrorist activity;
‘‘(b) to any individual who
the actor knows, or reasonably
should know, has committed or
plans to commit a terrorist activ-
ity;
‘‘(c) to an organization des-
ignated as a foreign terrorist or-
ganization under section 219; or
‘‘(d) to a terrorist organiza-
tion described in clause (v)(II),
but only if the actor knows, or
reasonably should know, that the
act would further a terrorist ac-
tivity.’’; and
(4) by adding at the end the following:
‘‘(v) TERRORIST
ORGANIZATION
DE-
FINED.—As used in this subparagraph, the
term ‘terrorist organization’ means—
‘‘(I) an organization designated
as a foreign terrorist organization
under section 219; or
‘‘(II) with regard to a group that
is not an organization described in
subclause (I), a group of 2 or more
individuals, whether organized or not,
which engages in, or which has a sig-
nificant subgroup which engages in,
the activities described in subclause
(I), (II), or (III) of clause (iii).
‘‘(vi) SPECIAL
RULE
FOR
MATERIAL
SUPPORT.—Clause (iii)(VI)(b) shall not be
construed to include the affording of mate-
rial support to an individual who com-
mitted or planned to commit a terrorist ac-
tivity, if the alien establishes by clear and
convincing evidence that such support was
afforded only after such individual perma-
nently and publicly renounced, rejected the
use of, and had ceased to engage in, ter-
rorist activity.’’.
(b) ALIENS INELIGIBLE FOR ADMISSION DUE TO
ENDANGERMENT.—Section 212(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by
adding at the end the following:
‘‘(F) ENDANGERMENT.—Any alien who the
Secretary of State, after consultation with the
Attorney General, or the Attorney General,
after consultation with the Secretary of State,
determines has been associated with a terrorist
organization and intends while in the United
States to engage solely, principally, or inciden-
tally in activities that could endanger the wel-
fare, safety, or security of the United States is
inadmissible.’’.
(c) ALIENS DEPORTABLE DUE TO TERRORIST AC-
TIVITIES.—Section 237(a)(4)(B) of the Immigration and
Nationality (8 U.S.C. 1227(a)(4)(B)) is amended to read
as follows:
‘‘(B) TERRORIST
ACTIVITIES.—Any alien
is deportable who—
‘‘(i) has engaged, is engaged, or at
any time after admission engages in ter-
rorist activity (as defined in section
212(a)(3)(B)(iii));
‘‘(ii) is a representative (as defined in
section 212(a)(3)(B)(iv)) of—
‘‘(I) a foreign terrorist organiza-
tion, as designated by the Secretary of
State under section 219; or
‘‘(II) a political, social, or other
similar group whose public endorse-
ment of terrorist activity—
‘‘(a) is intended and likely to
incite or produce imminent law-
less action; and
‘‘(b) has been determined by
the Secretary of State to under-
mine the efforts of the United
States to reduce or eliminate ter-
rorist activities; or
‘‘(iii) has used the alien’s prominence
within a foreign state or the United
States—
‘‘(I) to endorse, in a manner that
is intended and likely to incite or
produce imminent lawless action and
that has been determined by the Sec-
retary of State to undermine the ef-
forts of the United States to reduce or
eliminate terrorist activities, terrorist
activity; or
‘‘(II) to persuade others, in a
manner that is intended and likely to
incite or produce imminent lawless ac-
tion and that has been determined by
the Secretary of State to undermine
the efforts of the United States to re-
duce or eliminate terrorist activities,
to support terrorist activity or a ter-
rorist organization (as defined in sec-
tion 212(a)(3)(B)(v)).’’.
(d) RETROACTIVE APPLICATION OF AMENDMENTS.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act and shall apply to—
(A) actions taken by an alien before such
date, as well as actions taken on or after such
date; and
(B) all aliens, without regard to the date
of entry or attempted entry into the United
States—
(i) in removal proceedings on or after
such date (except for proceedings in which
there has been a final administrative deci-
sion before such date); or
(ii) seeking admission to the United
States on or after such date.
(2) SPECIAL RULE FOR ALIENS IN EXCLUSION
OR DEPORTATION PROCEEDINGS.—Notwithstanding
any other provision of law, the amendments made by
this section shall apply to all aliens in exclusion or
deportation proceedings on or after the date of the
enactment of this Act (except for proceedings in
which there has been a final administrative decision
before such date) as if such proceedings were re-
moval proceedings.
(3) SPECIAL RULE FOR SECTION 219 ORGANIZA-
TIONS.—
(A) IN GENERAL.—Notwithstanding para-
graphs (1) and (2), no alien shall be considered
inadmissible under section 212(a)(3) of the Im-
migration and Nationality Act (8 U.S.C.
1182(a)(3)), 
or 
deportable 
under 
section
237(a)(4)(B) 
of 
such 
Act 
(8 
U.S.C.
1227(a)(4)(B)), by reason of the amendments
made by subsection (a), on the ground that the
alien engaged in a terrorist activity described in
subclause (IV)(b), (V)(c), or (VI)(c) of section
212(a)(3)(B)(iii) of such Act (as so amended)
with respect to a group at any time when the
group was not a foreign terrorist organization
designated by the Secretary of State under sec-
tion 219 of such Act (8 U.S.C. 1189).
(B) CONSTRUCTION.—Subparagraph (A)
shall not be construed to prevent an alien from
being considered inadmissible or deportable for
having engaged in a terrorist activity—
(i) described in subclause (IV)(b),
(V)(c), 
or 
(VI)(c) 
of 
section
212(a)(3)(B)(iii) of such Act (as so
amended) with respect to a foreign ter-
rorist organization at any time when such
organization was designated by the Sec-
retary of State under section 219 of such
Act; or
(ii) described in subclause (IV)(c),
(V)(d), 
or 
(VI)(d) 
of 
section
212(a)(3)(B)(iii) of such Act (as so
amended) with respect to any group de-
scribed in any of such subclauses.
SEC. 202. CHANGES IN DESIGNATION OF FOREIGN TER-
RORIST ORGANIZATIONS.
Section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking
‘‘212(a)(3)(B));’’ and inserting ‘‘212(a)(3)(B)),
engages in terrorism (as defined in section
140(d)(2) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f(d)(2)), or retains the capability
and intent to engage in terrorist activity or to
engage in terrorism (as so defined);’’; and
(B) in subparagraph (C), by inserting ‘‘or
terrorism’’ after ‘‘activity’’;
(2) in paragraph (2)—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) NOTICE.—
‘‘(i) IN GENERAL.—Seven days before
making a designation under this sub-
section, the Secretary shall, by classified
communication, notify the Speaker and mi-
nority leader of the House of Representa-
tives, the President pro tempore, majority
leader, and minority leader of the Senate,
the members of the relevant committees,
and the Secretary of the Treasury, in writ-
ing, of the intent to designate a foreign or-
ganization under this subsection, together
with the findings made under paragraph
(1) with respect to that organization, and
the factual basis therefor.
‘‘(ii) 
PUBLICATION
OF
DESIGNA-
TION.—The Secretary shall publish the
designation in the Federal Register seven
days after providing the notification under
clause (i).’’;
(B) in subparagraph (B), by striking
‘‘(A).’’ and inserting ‘‘(A)(ii).’’; and
(C) in subparagraph (C), by striking
‘‘paragraph (2),’’ and inserting ‘‘subparagraph
(A)(i),’’;
(3) in paragraph (3)(B), by striking ‘‘sub-
section (c).’’ and inserting ‘‘subsection (b).’;
(4) in paragraph (4)(B), by inserting after the
first sentence the following: ‘‘The Secretary may also
redesignate such organization at the end of any 2-
year redesignation period (but not sooner than 60
days prior to the termination of such period) for an
additional 2-year period upon a finding that the rel-
evant circumstances described in paragraph (1) still
exist. Any redesignation shall be effective imme-
diately following the end of the prior 2-year designa-
tion or redesignation period unless a different effec-
tive date is provided in such redesignation.’’;
(5) in paragraph (6)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i),
by inserting ‘‘or a redesignation made
under paragraph (4)(B)’’ after ‘‘paragraph
(1)’’;
(ii) in clause (i)—
(I) by inserting ‘‘or redesigna-
tion’’ after ‘‘designation’’ the first
place it appears; and
(II) by striking ‘‘of the designa-
tion;’’ and inserting a semicolon; and
(iii) in clause (ii), by striking ‘‘of the
designation.’’ and inserting a period;
(B) in subparagraph (B), by striking
‘‘through (4)’’ and inserting ‘‘and (3)’’; and
(C) by adding at the end the following:
‘‘(C) EFFECTIVE
DATE.—Any revocation
shall take effect on the date specified in the
revocation or upon publication in the Federal
Register if no effective date is specified.’’;
(6) in paragraph (7), by inserting ‘‘, or the rev-
ocation of a redesignation under paragraph (6),’’
after ‘‘(5) or (6)’’; and
(7) in paragraph (8)—
(A) by striking ‘‘(1)(B),’’ and inserting
‘‘(2)(B), or if a redesignation under this sub-
section has become effective under paragraph
(4)(B)’’;
(B) by inserting ‘‘or an alien in a removal
proceeding’’ after ‘‘criminal action’’; and
(C) by inserting ‘‘or redesignation’’ before
‘‘as a defense’’.
SEC. 203. MANDATORY DETENTION OF SUSPECTED TER-
RORISTS; HABEAS CORPUS; JUDICIAL RE-
VIEW.
(a) IN GENERAL.—The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended by inserting after
section 236 the following:
‘‘MANDATORY DETENTION OF SUSPECTED TERRORISTS;
HABEAS CORPUS; JUDICIAL REVIEW
‘‘SEC. 236A. (a) DETENTION
OF
TERRORIST
ALIENS.—
‘‘(1) CUSTODY.—The Attorney General shall
take into custody any alien who is certified under
paragraph (3).
‘‘(2) RELEASE.—Except as provided in para-
graph (5), the Attorney General shall maintain cus-
tody of such an alien until the alien is removed from
the United States. Such custody shall be maintained
irrespective of any relief from removal for which the
alien may be eligible, or any relief from removal
granted the alien, until the Attorney General deter-
mines that the alien is no longer an alien who may
be certified under paragraph (3).
‘‘(3) CERTIFICATION.—The Attorney General
may certify an alien under this paragraph if the At-
torney General has reasonable grounds to believe
that the alien—
‘‘(A) 
is 
described 
in 
section
212(a)(3)(A)(i), 
212(a)(3)(A)(iii),
212(a)(3)(B), 
237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or
‘‘(B) is engaged in any other activity that
endangers the national security of the United
States.
‘‘(4) NONDELEGATION.—The Attorney General
may delegate the authority provided under para-
graph (3) only to the Commissioner. The Commis-
sioner may not delegate such authority.
‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The
Attorney General shall place an alien detained under
paragraph (1) in removal proceedings, or shall
charge the alien with a criminal offense, not later
than 7 days after the commencement of such deten-
tion. If the requirement of the preceding sentence is
not satisfied, the Attorney General shall release the
alien.
‘‘(b) HABEAS CORPUS AND JUDICIAL REVIEW.—Ju-
dicial review of any action or decision relating to this sec-
tion (including judicial review of the merits of a deter-
mination made under subsection (a)(3)) is available exclu-
sively in habeas corpus proceedings in the United States
District Court for the District of Columbia. Notwith-
standing any other provision of law, including section
2241 of title 28, United States Code, except as provided
in the preceding sentence, no court shall have jurisdiction
to review, by habeas corpus petition or otherwise, any such
action or decision.’’.
(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 terrorists; habeas corpus; judicial
review.’’.
(c) REPORTS.—Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter, the Attorney General shall submit a report to
the Committee on the Judiciary of the House of 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;
(C) the Attorney General has determined
are no longer an alien who may be so certified;
or
(D) were released from detention.
SEC. 204. MULTILATERAL COOPERATION AGAINST TERROR-
ISTS.
Section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)) is amended—
(1) by striking ‘‘The records’’ and inserting
‘‘(1) Subject to paragraphs (2) and (3), the
records’’;
(2) by striking ‘‘United States,’’ and all that
follows through the period at the end and inserting
‘‘United States.’’; and
(3) by adding at the end the following:
‘‘(2) In the discretion of the Secretary of State, cer-
tified copies of such records may be made available to a
court which certifies that the information contained in
such records is needed by the court in the interest of the
ends of justice in a case pending before the court.
‘‘(3)(A) Subject to the provisions of this paragraph,
the Secretary of State may provide copies of records of
the Department of State and of diplomatic and consular
offices of the United States (including the Department of
State’s automated visa lookout database) pertaining to the
issuance or refusal of visas or permits to enter the United
States, or information contained in such records, to for-
eign governments if the Secretary determines that it is
necessary and appropriate.
‘‘(B) Such records and information may be provided
on a case-by-case basis for the purpose of preventing, in-
vestigating, or punishing acts of terrorism. General access
to records and information may be provided under an
agreement to limit the use of such records and information
to the purposes described in the preceding sentence.
‘‘(C) The Secretary of State shall make any deter-
mination under this paragraph in consultation with any
Federal agency that compiled or provided such records or
information.
‘‘(D) To the extent possible, such records and infor-
mation shall be made available to foreign governments on
a reciprocal basis.’’.
SEC. 205. CHANGES IN CONDITIONS FOR GRANTING ASY-
LUM AND ASYLUM PROCEDURES.
(a) ALIENS INELIGIBLE FOR ASYLUM DUE TO TER-
RORIST ACTIVITIES.—
(1) IN GENERAL.—Section 208(b)(2)(A)(v) of
the Immigration and Nationality Act (8 U.S.C.
1158(b)(2)(A)(v)) is amended—
(A) by striking ‘‘inadmissible under’’ and
inserting ‘‘described in’’; and
(B) by striking ‘‘removable under’’ and in-
serting ‘‘described in’’.
(2) RETROACTIVE
APPLICATION
OF
AMEND-
MENTS.—The amendments made by paragraph (1)
shall take effect on the date of the enactment of this
Act and shall apply to—
(A) actions taken by an alien before such
date, as well as actions taken on or after such
date; and
(B) all aliens, without regard to the date
of entry or attempted entry into the United
States, whose application for asylum is pending
on or after such date (except for applications
with respect to which there has been a final ad-
ministrative decision before such date).
(b) DISCLOSURE OF ASYLUM APPLICATION INFOR-
MATION.—
(1) IN GENERAL.—Section 208 of the Immigra-
tion and Nationality Act (8 U.S.C. 1158) is amend-
ed by adding at the end the following:
‘‘(e) LIMITATION ON CONFIDENTIALITY OF INFOR-
MATION.—
‘‘(1) IN GENERAL.—The restrictions on infor-
mation disclosure in section 208.6 of title 8, Code of
Federal Regulations (as in effect on the date of the
enactment of the PATRIOT Act or pursuant to any
successor provision), shall not apply to a disclosure
to any person, if—
‘‘(A) the disclosure is made in the course
of an investigation of an alien to determine if
the alien is described in section 212(a)(3)(B)(i)
or 237(a)(4)(B); and
‘‘(B) the Attorney General has reasonable
grounds to believe that the alien may be so de-
scribed.
‘‘(2) EXCEPTION.—The requirement of para-
graph (1)(B) shall not apply to an alien if the alien
alleges that the alien is eligible for asylum, in whole
or in part, because a foreign government believes
that the alien is described in section 212(a)(3)(B)(i)
or 237(a)(4)(B).
‘‘(3) DISCLOSURES
TO
FOREIGN
GOVERN-
MENTS.—If the Attorney General desires to disclose
information to a foreign government under para-
graph (1), the Attorney General shall request the
Secretary of State to make the disclosure.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on the date of the
enactment of this Act and shall apply to the disclo-
sure of information on or after such date.
SEC. 206. PROTECTION OF NORTHERN BORDER.
There are authorized to be appropriated—
(1) such sums as may be necessary to triple the
number of Border Patrol personnel (from the num-
ber authorized under current law) in each State
along the northern border;
(2) such sums as may be necessary to triple the
number of Immigration and Naturalization Service
inspectors (from the number authorized under cur-
rent law) at ports of entry in each State along the
northern border; and
(3) an additional $50,000,000 to the Immigra-
tion and Naturalization Service for purposes of mak-
ing improvements in technology for monitoring the
northern border and acquiring additional equipment
at the northern border.
SEC. 207. REQUIRING SHARING BY THE FEDERAL BUREAU
OF INVESTIGATION OF CERTAIN CRIMINAL
RECORD EXTRACTS WITH OTHER FEDERAL
AGENCIES IN ORDER TO ENHANCE BORDER
SECURITY.
(a) IN GENERAL.—Section 105 of the Immigration
and Nationality Act (8 U.S.C. 1105), is amended—
(1) in the section heading, by adding ‘‘AND
DATA EXCHANGE’’ at the end;
(2) by inserting ‘‘(a) LIAISON WITH INTERNAL
SECURITY OFFICERS.—’’ after ‘‘105.’’;
(3) by striking ‘‘the internal security of’’ and
inserting ‘‘the internal and border security of’’; and
(4) by adding at the end the following:
‘‘(b) CRIMINAL HISTORY RECORD INFORMATION.—
The Attorney General and the Director of the Federal Bu-
reau of Investigation shall provide the Secretary of State
and the Commissioner access to the criminal history
record information contained in the National Crime Infor-
mation Center’s Interstate Identification Index, Wanted
Persons File, and to any other files maintained by the Na-
tional Crime Information Center that may be mutually
agreed upon by the Attorney General and the official to
be provided access, for the purpose of determining whether
a visa applicant or applicant for admission has a criminal
history record indexed in any such file. Such access shall
be provided by means of extracts of the records for place-
ment in the Department of State’s automated visa lookout
database or other appropriate database, and shall be pro-
vided without any fee or charge. The Director of the Fed-
eral Bureau of Investigation shall provide periodic updates
of the extracts at intervals mutually agreed upon by the
Attorney General and the official provided access. Upon
receipt of such updated extracts, the receiving official shall
make corresponding updates to the official’s databases
and destroy previously provided extracts. Such access to
any extract shall not be construed to entitle the Secretary
of State to obtain the full content of the corresponding
automated criminal history record. To obtain the full con-
tent of a criminal history record, the Secretary of State
shall submit the applicant’s fingerprints and any appro-
priate fingerprint processing fee authorized by law to the
Criminal Justice Information Services Division of the Fed-
eral Bureau of Investigation.
‘‘(c) RECONSIDERATION.—The provision of the ex-
tracts described in subsection (b) may be reconsidered by
the Attorney General and the receiving official upon the
development and deployment of a more cost-effective and
efficient means of sharing the information.
‘‘(d) REGULATIONS.—For purposes of administering
this section, the Secretary of State shall, prior to receiving
access to National Crime Information Center data, pro-
mulgate final regulations—
‘‘(1) to implement procedures for the taking of
fingerprints; and
‘‘(2) to establish the conditions for the use of
the information received from the Federal Bureau of
Investigation, in order—
‘‘(A) to limit the redissemination of such
information;
‘‘(B) to ensure that such information is
used solely to determine whether to issue a visa
to an individual;
‘‘(C) to ensure the security, confidentiality,
and destruction of such information; and
‘‘(D) to protect any privacy rights of indi-
viduals who are subjects of such information.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by
amending the item relating to section 105 to read as fol-
lows:
‘‘Sec. 105. Liaison with internal security officers and data exchange.’’.
(c) EFFECTIVE DATE AND IMPLEMENTATION.—The
amendments made by this section shall take effect on the
date of the enactment of this Act and shall be fully imple-
mented not later than 18 months after such date.
(d) REPORTING REQUIREMENT.—Not later than 2
years after the date of the enactment of this Act, the At-
torney General and the Secretary of State, jointly, shall
report to the Congress on the implementation of the
amendments made by this section.
(e) CONSTRUCTION.—Nothing in this section, or in
any other law, shall be construed to limit the authority
of the Attorney General or the Director of the Federal
Bureau of Investigation to provide access to the criminal
history record information contained in the National
Crime Information Center’s Interstate Identification
Index, or to any other information maintained by such
center, to any Federal agency or officer authorized to en-
force or administer the immigration laws of the United
States, for the purpose of such enforcement or administra-
tion, upon terms that are consistent with sections 212
through 216 of the National Crime Prevention and Pri-
vacy Compact Act of 1998 (42 U.S.C. 14611 et seq.).
Subtitle B—Preservation of Immi-
gration Benefits for Victims of
Terrorism
SEC. 211. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL.—For purposes of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), the Attorney
General may provide an alien described in subsection (b)
with the status of a special immigrant under section
101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the
alien—
(1) files with the Attorney General a petition
under section 204 of such Act (8 U.S.C. 1154) for
classification under section 203(b)(4) of such Act (8
U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility, the grounds for inadmissibility speci-
fied in section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)) shall not apply.
(b) ALIENS DESCRIBED.—
(1) PRINCIPAL ALIENS.—An alien is described
in this subsection if—
(A) the alien was the beneficiary of—
(i) a petition that was filed with the
Attorney General on or before September
11, 2001—
(I) under section 204 of the Im-
migration and Nationality Act (8
U.S.C. 1154) to classify the alien as
a family-sponsored immigrant under
section 203(a) of such Act (8 U.S.C.
1153(a)) or as an employment-based
immigrant under section 203(b) of
such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8
U.S.C. 1184(d)) of such Act to au-
thorize 
the 
issuance 
of 
a 
non-
immigrant visa to the alien under sec-
tion 101(a)(15)(K) of such Act (8
U.S.C. 1101(a)(15)(K)); or
(ii) an application for labor certifi-
cation under section 212(a)(5)(A) of such
Act (8 U.S.C. 1182(a)(5)(A)) that was
filed under regulations of the Secretary of
Labor on or before such date; and
(B) such petition or application was re-
voked or terminated (or otherwise rendered
null), either before or after its approval, due to
a specified terrorist activity that directly re-
sulted in—
(i) the death or disability of the peti-
tioner, applicant, or alien beneficiary; or
(ii) loss of employment due to physical
damage to, or destruction of, the business
of the petitioner or applicant.
(2) SPOUSES AND CHILDREN.—
(A) IN GENERAL.—An alien is described in
this subsection if—
(i) the alien was, on September 10,
2001, the spouse or child of a principal
alien described in paragraph (1); and
(ii) the alien—
(I) is accompanying such prin-
cipal alien; or
(II) is following to join such prin-
cipal alien not later than September
11, 2003.
(B) CONSTRUCTION.—For purposes of
construing the terms ‘‘accompanying’’ and ‘‘fol-
lowing to join’’ in subparagraph (A)(ii), any
death of a principal alien that is described in
paragraph (1)(B)(i) shall be disregarded.
(3) GRANDPARENTS OF ORPHANS.—An alien is
described in this subsection if the alien is a grand-
parent of a child, both of whose parents died as a
direct result of a specified terrorist activity, if either
of such deceased parents was, on September 10,
2001, a citizen or national of the United States or
an alien lawfully admitted for permanent residence
in the United States.
(c) PRIORITY DATE.—Immigrant visas made avail-
able under this section shall be issued to aliens in the
order in which a petition on behalf of each such alien is
filed with the Attorney General under subsection (a)(1),
except that if an alien was assigned a priority date with
respect to a petition described in subsection (b)(1)(A)(i),
the alien may maintain that priority date.
(d) NUMERICAL LIMITATIONS.—For purposes of the
application of sections 201 through 203 of the Immigra-
tion and Nationality Act (8 U.S.C. 1151–1153) in any fis-
cal year, aliens eligible to be provided status under this
section shall be treated as special immigrants described
in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27))
who are not described in subparagraph (A), (B), (C), or
(K) of such section.
SEC. 212. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STA-
TUS.—
(1) IN GENERAL.—Notwithstanding section 214
of the Immigration and Nationality Act (8 U.S.C.
1184), in the case of an alien described in paragraph
(2) who was lawfully present in the United States as
a nonimmigrant on September 10, 2001, the alien
may remain lawfully in the United States in the
same nonimmigrant status until the later of—
(A) the date such lawful nonimmigrant
status otherwise would have terminated if this
subsection had not been enacted; or
(B) 1 year after the death or onset of dis-
ability described in paragraph (2).
(2) ALIENS DESCRIBED.—
(A) PRINCIPAL ALIENS.—An alien is de-
scribed in this paragraph if the alien was dis-
abled as a direct result of a specified terrorist
activity.
(B) SPOUSES AND CHILDREN.—An alien is
described in this paragraph if the alien was, on
September 10, 2001, the spouse or child of—
(i) a principal alien described in sub-
paragraph (A); or
(ii) an alien who died as a direct re-
sult of a specified terrorist activity.
(3) AUTHORIZED
EMPLOYMENT.—During the
period in which a principal alien or alien spouse is
in lawful nonimmigrant status under paragraph (1),
the alien shall be provided an ‘‘employment author-
ized’’ endorsement or other appropriate document
signifying authorization of employment not later
than 30 days after the alien requests such authoriza-
tion.
(b) NEW DEADLINES FOR EXTENSION OR CHANGE
OF NONIMMIGRANT STATUS.—
(1) FILING DELAYS.—In the case of an alien
who was lawfully present in the United States as a
nonimmigrant on September 10, 2001, if the alien
was prevented from filing a timely application for an
extension or change of nonimmigrant status as a di-
rect result of a specified terrorist activity, the alien’s
application shall be considered timely filed if it is
filed not later than 60 days after it otherwise would
have been due.
(2) DEPARTURE DELAYS.—In the case of an
alien who was lawfully present in the United States
as a nonimmigrant on September 10, 2001, if the
alien is unable timely to depart the United States as
a direct result of a specified terrorist activity, the
alien shall not be considered to have been unlawfully
present in the United States during the period be-
ginning on September 11, 2001, and ending on the
date of the alien’s departure, if such departure oc-
curs on or before November 11, 2001.
(3) SPECIAL RULE FOR ALIENS UNABLE TO RE-
TURN FROM ABROAD.—
(A) PRINCIPAL ALIENS.—In the case of an
alien who was in a lawful nonimmigrant status
on September 10, 2001, but who was not
present in the United States on such date, if
the alien was prevented from returning to the
United States in order to file a timely applica-
tion for an extension of nonimmigrant status as
a direct result of a specified terrorist activity—
(i) the alien’s application shall be con-
sidered timely filed if it is filed not later
than 60 days after it otherwise would have
been due; and
(ii) the alien’s lawful nonimmigrant
status shall be considered to continue until
the later of—
(I) the date such status otherwise
would have terminated if this sub-
paragraph had not been enacted; or
(II) the date that is 60 days
after the date on which the applica-
tion described in clause (i) otherwise
would have been due.
(B) SPOUSES AND CHILDREN.—In the case
of an alien who is the spouse or child of a prin-
cipal alien described in subparagraph (A), if the
spouse or child was in a lawful nonimmigrant
status on September 10, 2001, the spouse or
child may remain lawfully in the United States
in the same nonimmigrant status until the later
of—
(i) the date such lawful nonimmigrant
status otherwise would have terminated if
this subparagraph had not been enacted;
or
(ii) the date that is 60 days after the
date on which the application described in
subparagraph (A) otherwise would have
been due.
(c) DIVERSITY IMMIGRANTS.—
(1) WAIVER
OF
FISCAL
YEAR
LIMITATION.—
Notwithstanding section 203(e)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(e)(2)), an
immigrant visa number issued to an alien under sec-
tion 203(c) of such Act for fiscal year 2001 may be
used by the alien during the period beginning on Oc-
tober 1, 2001, and ending on April 1, 2002, if the
alien establishes that the alien was prevented from
using it during fiscal year 2001 as a direct result of
a specified terrorist activity.
(2) WORLDWIDE
LEVEL.—In the case of an
alien entering the United States as a lawful perma-
nent resident, or adjusting to that status, under
paragraph (1), the alien shall be counted as a diver-
sity immigrant for fiscal year 2001 for purposes of
section 201(e) of the Immigration and Nationality
Act (8 U.S.C. 1151(e)), unless the worldwide level
under such section for such year has been exceeded,
in which case the alien shall be counted as a diver-
sity immigrant for fiscal year 2002.
(3) TREATMENT OF FAMILY MEMBERS OF CER-
TAIN
ALIENS.—In the case of a principal alien
issued an immigrant visa number under section
203(c) of the Immigration and Nationality Act (8
U.S.C. 1153(c)) for fiscal year 2001, if such prin-
cipal alien died as a direct result of a specified ter-
rorist activity, the aliens who were, on September
10, 2001, the spouse and children of such principal
alien shall, if not otherwise entitled to an immigrant
status and the immediate issuance of a visa under
subsection (a), (b), or (c) of section 203 of such Act,
be entitled to the same status, and the same order
of consideration, that would have been provided to
such alien spouse or child under section 203(d) of
such Act if the principal alien were not deceased.
(d) EXTENSION
OF EXPIRATION
OF IMMIGRANT
VISAS.—Notwithstanding the limitations under section
221(c) of the Immigration and Nationality Act (8 U.S.C.
1201(c)), in the case of any immigrant visa issued to an
alien that expires or expired before December 31, 2001,
if the alien was unable to effect entry to the United States
as a direct result of a specified terrorist activity, then the
period of validity of the visa is extended until December
31, 2001, unless a longer period of validity is otherwise
provided under this subtitle.
(e) GRANTS OF PAROLE EXTENDED.—In the case of
any parole granted by the Attorney General under section
212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) that expires on a date on or after Sep-
tember 11, 2001, if the alien beneficiary of the parole was
unable to return to the United States prior to the expira-
tion date as a direct result of a specified terrorist activity,
the parole is deemed extended for an additional 90 days.
(f) VOLUNTARY DEPARTURE.—Notwithstanding sec-
tion 240B of the Immigration and Nationality Act (8
U.S.C. 1229c), if a period for voluntary departure under
such section expired during the period beginning on Sep-
tember 11, 2001, and ending on October 11, 2001, such
voluntary departure period is deemed extended for an ad-
ditional 30 days.
SEC. 213. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING
SPOUSES AND CHILDREN.
(a) TREATMENT AS IMMEDIATE RELATIVES.—Not-
withstanding 
the 
second 
sentence 
of 
section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who
was the spouse of a citizen of the United States at the
time of the citizen’s death and was not legally separated
from the citizen at the time of the citizen’s death, if the
citizen died as a direct result of a specified terrorist activ-
ity, the alien (and each child of the alien) shall be consid-
ered, for purposes of section 201(b) of such Act, to remain
an immediate relative after the date of the citizen’s death,
but only if the alien files a petition under section
204(a)(1)(A)(ii) of such Act within 2 years after such date
and only until the date the alien remarries.
(b) SPOUSES, CHILDREN, UNMARRIED SONS
AND
DAUGHTERS
OF
LAWFUL
PERMANENT
RESIDENT
ALIENS.—
(1) IN GENERAL.—Any spouse, child, or unmar-
ried son or daughter of an alien described in para-
graph (3) who is included in a petition for classifica-
tion as a family-sponsored immigrant under section
203(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(a)(2)) that was filed by such alien be-
fore September 11, 2001, shall be considered (if the
spouse, child, son, or daughter has not been admit-
ted or approved for lawful permanent residence by
such date) a valid petitioner for preference status
under such section with the same priority date as
that assigned prior to the death described in para-
graph (3)(A). No new petition shall be required to
be filed. Such spouse, child, son, or daughter may be
eligible for deferred action and work authorization.
(2) SELF-PETITIONS.—Any spouse, child, or
unmarried son or daughter of an alien described in
paragraph (3) who is not a beneficiary of a petition
for classification as a family-sponsored immigrant
under section 203(a)(2) of the Immigration and Na-
tionality Act may file a petition for such classifica-
tion with the Attorney General, if the spouse, child,
son, or daughter was present in the United States
on September 11, 2001. Such spouse, child, son, or
daughter may be eligible for deferred action and
work authorization.
(3) ALIENS DESCRIBED.—An alien is described
in this paragraph if the alien—
(A) died as a direct result of a specified
terrorist activity; and
(B) on the day of such death, was lawfully
admitted for permanent residence in the United
States.
(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY
SURVIVING SPOUSES AND CHILDREN OF EMPLOYMENT-
BASED IMMIGRANTS.—
(1) IN GENERAL.—Any alien who was, on Sep-
tember 10, 2001, the spouse or child of an alien de-
scribed in paragraph (2), and who applied for ad-
justment of status prior to the death described in
paragraph (2)(A), may have such application adju-
dicated as if such death had not occurred.
(2) ALIENS DESCRIBED.—An alien is described
in this paragraph if the alien—
(A) died as a direct result of a specified
terrorist activity; and
(B) on the day before such death, was—
(i) an alien lawfully admitted for per-
manent residence in the United States by
reason of having been allotted a visa under
section 203(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of
status to that of an alien described in
clause (i), and admissible to the United
States for permanent residence.
(d) WAIVER OF PUBLIC CHARGE GROUNDS.—In de-
termining the admissibility of any alien accorded an immi-
gration benefit under this section, the grounds for inad-
missibility specified in section 212(a)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(4)) shall not
apply.
SEC. 214. ‘‘AGE-OUT’’ PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.), in the
case of an alien—
(1) whose 21st birthday occurs in September
2001, and who is the beneficiary of a petition or ap-
plication filed under such Act on or before Sep-
tember 11, 2001, the alien shall be considered to be
a child for 90 days after the alien’s 21st birthday
for purposes of adjudicating such petition or applica-
tion; and
(2) whose 21st birthday occurs after September
2001, and who is the beneficiary of a petition or ap-
plication filed under such Act on or before Sep-
tember 11, 2001, the alien shall be considered to be
a child for 45 days after the alien’s 21st birthday
for purposes of adjudicating such petition or applica-
tion.
SEC. 215. 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. 216. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF
EMPLOYMENT.
(a) IN GENERAL.—The Attorney General shall estab-
lish appropriate standards for evidence demonstrating, for
purposes of this subtitle, that any of the following oc-
curred as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage
to, or destruction of, a business.
(b) WAIVER OF REGULATIONS.—The Attorney Gen-
eral shall carry out subsection (a) as expeditiously as pos-
sible. The Attorney General is not required to promulgate
regulations prior to implementing this subtitle.
SEC. 217. NO BENEFITS TO TERRORISTS OR FAMILY MEM-
BERS OF TERRORISTS.
Notwithstanding any other provision of this subtitle,
nothing in this subtitle shall be construed to provide any
benefit or relief to—
(1) any individual culpable for a specified ter-
rorist activity; or
(2) any family member of any individual de-
scribed in paragraph (1).
SEC. 218. DEFINITIONS.
(a) APPLICATION
OF IMMIGRATION
AND 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.
TITLE III—CRIMINAL JUSTICE
Subtitle A—Substantive Criminal
Law
SEC. 301. STATUTE OF LIMITATION FOR PROSECUTING
TERRORISM OFFENSES.
(a) IN GENERAL.—Section 3286 of title 18, United
States Code, is amended to read as follows:
‘‘§ 3286. Terrorism offenses
‘‘(a) An indictment may be found or an information
instituted at any time without limitation for any Federal
terrorism offense or any of the following offenses:
‘‘(1) A violation of, or an attempt or conspiracy
to violate, section 32 (relating to destruction of air-
craft or aircraft facilities), 37(a)(1) (relating to vio-
lence at international airports), 175 (relating to bio-
logical weapons), 229 (relating to chemical weap-
ons), 351(a)–(d) (relating to congressional, cabinet,
and Supreme Court assassination and kidnaping),
792 (relating to harboring terrorists), 831 (relating
to nuclear materials), 844(f) or (i) when it relates
to bombing (relating to arson and bombing of cer-
tain property), 1114(1) (relating to protection of of-
ficers and employees of the United States), 1116, if
the offense involves murder (relating to murder or
manslaughter of foreign officials, official guests, or
internationally protected persons), 1203 (relating to
hostage taking), 1751(a)–(d) (relating to Presi-
dential and Presidential staff assassination and kid-
naping), 2332(a)(1) (relating to certain homicides
and other violence against United States nationals
occurring outside of the United States), 2332a (re-
lating to use of weapons of mass destruction), 2332b
(relating to acts of terrorism transcending national
boundaries) of this title.
‘‘(2) Section 236 (relating to sabotage of nu-
clear facilities or fuel) of the Atomic Energy Act of
1954 (42 U.S.C. 2284);
‘‘(3) Section 601 (relating to disclosure of iden-
tities of covert agents) of the National Security Act
of 1947 (50 U.S.C. 421).
‘‘(4) Section 46502 (relating to aircraft piracy)
of title 49.
‘‘(b) An indictment may be found or an information
instituted within 15 years after the offense was committed
for any of the following offenses:
‘‘(1) Section 175b (relating to biological weap-
ons), 842(m) or (n) (relating to plastic explosives),
930(c) if it involves murder (relating to possessing
a dangerous weapon in a Federal facility), 956 (re-
lating to conspiracy to injure property of a foreign
government), 
1030(a)(1), 
1030(a)(5)(A), 
or
1030(a)(7) (relating to protection of computers),
1362 (relating to destruction of communication
lines, stations, or systems), 1366 (relating to de-
struction of an energy facility), 1992 (relating to
trainwrecking), 2152 (relating to injury of fortifica-
tions, harbor defenses, or defensive sea areas), 2155
(relating to destruction of national defense mate-
rials, premises, or utilities), 2156 (relating to pro-
duction of defective national defense materials,
premises, or utilities), 2280 (relating to violence
against maritime navigation), 2281 (relating to vio-
lence against maritime fixed platforms), 2339A (re-
lating to providing material support to terrorists),
2339B (relating to providing material support to
terrorist organizations), or 2340A (relating to tor-
ture).
‘‘(2) Any of the following provisions of title 49:
the second sentence of section 46504 (relating to as-
sault on a flight crew with a dangerous weapon),
section 46505(b)(3), (relating to explosive or incen-
diary devices, or endangerment of human life by
means of weapons, on aircraft), section 46506 if
homicide or attempted homicide is involved, or sec-
tion 60123(b) (relating to destruction of interstate
gas or hazardous liquid pipeline facility) of title
49.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 213 of title 18, United States
Code, is amended by amending the item relating to section
3286 to read as follows:
‘‘3286. Terrorism offenses.’’.
(c) APPLICATION.—The amendments made by this
section shall apply to the prosecution of any offense com-
mitted before, on, or after the date of enactment of this
section.
SEC. 302. ALTERNATIVE MAXIMUM PENALTIES FOR TER-
RORISM CRIMES.
Section 3559 of title 18, United States Code, is
amended by adding after subsection (d) the following:
‘‘(e) AUTHORIZED TERMS OF IMPRISONMENT FOR
TERRORISM CRIMES.—A person convicted of any Federal
terrorism offense may be sentenced to imprisonment for
any term of years or for life, notwithstanding any max-
imum term of imprisonment specified in the law describing
the offense. The authorization of imprisonment under this
subsection is supplementary to, and does not limit, the
availability of any other penalty authorized by the law de-
scribing the offense, including the death penalty, and does
not limit the applicability of any mandatory minimum
term of imprisonment, including any mandatory life term,
provided by the law describing the offense.’’.
SEC. 303. PENALTIES FOR TERRORIST CONSPIRACIES.
Chapter 113B of title 18, United States Code, is
amended—
(1) by inserting after section 2332b the fol-
lowing:
‘‘§ 2332c. Attempts and conspiracies
‘‘(a) Except as provided in subsection (c), any person
who attempts or conspires to commit any Federal ter-
rorism offense shall be subject to the same penalties as
those prescribed for the offense, the commission of which
was the object of the attempt or conspiracy.
‘‘(b) Except as provided in subsection (c), any person
who attempts or conspires to commit any offense described
in section 25(2) shall be subject to the same penalties as
those prescribed for the offense, the commission of which
was the object of the attempt or conspiracy.
‘‘(c) A death penalty may not be imposed by oper-
ation of this section.’’; and
(2) in the table of sections at the beginning of
the chapter, by inserting after the item relating to
section 2332b the following new item:
‘‘2332c. Attempts and conspiracies.’’.
SEC. 304. TERRORISM CRIMES AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or (F)’’ and inserting ‘‘(F)’’;
and
(2) by striking ‘‘financial gain;’’ and inserting
‘‘financial gain, or (G) any act that is a Federal ter-
rorism offense or is indictable under any of the fol-
lowing provisions of law: section 32 (relating to de-
struction of aircraft or aircraft facilities), 37(a)(1)
(relating to violence at international airports), 175
(relating to biological weapons), 229 (relating to
chemical weapons), 351(a)–(d) (relating to congres-
sional, cabinet, and Supreme Court assassination
and kidnaping), 831 (relating to nuclear materials),
842(m) or (n) (relating to plastic explosives), 844(f)
or (i) when it involves a bombing (relating to arson
and bombing of certain property), 930(c) when it in-
volves an attack on a Federal facility, 1114 when it
involves murder (relating to protection of officers
and employees of the United States), 1116 when it
involves murder (relating to murder or manslaughter
of foreign officials, official guests, or internationally
protected persons), 1203 (relating to hostage tak-
ing), 1362 (relating to destruction of communication
lines, stations, or systems), 1366 (relating to de-
struction of an energy facility), 1751(a)–(d) (relat-
ing to Presidential and Presidential staff assassina-
tion 
and 
kidnaping), 
1992 
(relating 
to
trainwrecking), 2280 (relating to violence against
maritime navigation), 2281 (relating to violence
against maritime fixed platforms), 2332a (relating
to use of weapons of mass destruction), 2332b (re-
lating to acts of terrorism transcending national
boundaries), 2339A (relating to providing material
support to terrorists), 2339B (relating to providing
material support to terrorist organizations), or
2340A (relating to torture) of this title; section 236
(relating to sabotage of nuclear facilities or fuel) of
the Atomic Energy Act of 1954 (42 U.S.C. 2284);
or section 46502 (relating to aircraft piracy) or
60123(b) (relating to destruction of interstate gas or
hazardous liquid pipeline facility) of title 49.’’.
SEC. 305. BIOLOGICAL WEAPONS.
Chapter 10 of title 18, United States Code, is
amended—
(1) in section 175—
(A) in subsection (b)—
(i) by striking, ‘‘section, the’’ and in-
serting ‘‘section—
‘‘(1) the’’;
(ii) by striking ‘‘does not include’’ and
inserting ‘‘includes’’;
(iii) by inserting ‘‘other than’’ after
‘‘system for’’; and
(iv) by striking ‘‘purposes.’’ and in-
serting ‘‘purposes, and
‘‘(2) the terms biological agent and toxin do not
encompass any biological agent or toxin that is in its
naturally-occurring environment, if the biological
agent or toxin has not been cultivated, collected, or
otherwise extracted from its natural source.’’;
(B) by redesignating subsection (b) as sub-
section (c); and
(C) by inserting after subsection (a) the
following:
‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly
possesses any biological agent, toxin, or delivery system
of a type or in a quantity that, under the circumstances,
is not reasonably justified by a prophylactic, protective,
or other peaceful purpose, shall be fined under this title,
imprisoned not more than 10 years, or both.’’;
(2) by inserting after section 175a the fol-
lowing:
‘‘§ 175b. Possession by restricted persons
‘‘(a) No restricted person described in subsection (b)
shall ship or transport in interstate or foreign commerce,
or possess in or affecting commerce, any biological agent
or toxin, or receive any biological agent or toxin that has
been shipped or transported in interstate or foreign com-
merce, if the biological agent or toxin is listed as a select
agent in subsection (j) of section 72.6 of title 42, Code
of Federal Regulations, pursuant to section 511(d)(1) of
the Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104–132), and is not exempted under
subsection (h) of such section 72.6, or Appendix A of part
72 of such title; except that the term select agent does
not include any such biological agent or toxin that is in
its naturally-occurring environment, if the biological agent
or toxin has not been cultivated, collected, or otherwise
extracted from its natural source.
‘‘(b) As used in this section, the term ‘restricted per-
son’ means an individual who—
‘‘(1) is under indictment for a crime punishable
by imprisonment for a term exceeding 1 year;
‘‘(2) has been convicted in any court of a crime
punishable by imprisonment for a term exceeding 1
year;
‘‘(3) is a fugitive from justice;
‘‘(4) is an unlawful user of any controlled sub-
stance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
‘‘(5) is an alien illegally or unlawfully in the
United States;
‘‘(6) has been adjudicated as a mental defective
or has been committed to any mental institution; or
‘‘(7) is an alien (other than an alien lawfully
admitted for permanent residence) who is a national
of a country as to which the Secretary of State, pur-
suant to section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)), section 620A
of chapter 1 of part M of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371), or section 40(d) of chap-
ter 3 of the Arms Export Control Act (22 U.S.C.
2780(d)), has made a determination that remains in
effect that such country has repeatedly provided
support for acts of international terrorism.
‘‘(c) As used in this section, the term ‘alien’ has the
same meaning as that term is given in section 1010(a)(3)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)), and the term ‘lawfully’ admitted for perma-
nent residence has the same meaning as that term is given
in section 101(a)(20) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(20)).
‘‘(d) Whoever knowingly violates this section shall be
fined under this title or imprisoned not more than ten
years, or both, but the prohibition contained in this section
shall not apply with respect to any duly authorized govern-
mental activity under title V of the National Security Act
of 1947.’’; and
(3) in the table of sections in the beginning of
such chapter, by inserting after the item relating to
section 175a the following:
‘‘175b. Possession by restricted persons.’’.
SEC. 306. SUPPORT OF TERRORISM THROUGH EXPERT AD-
VICE OR ASSISTANCE.
Section 2339A of title 18, United States Code, is
amended—
(1) in subsection (a)—
(A) by striking ‘‘a violation’’ and all that
follows through ‘‘49’’ and inserting ‘‘any Fed-
eral terrorism offense or any offense described
in section 25(2)’’; and
(B) by striking ‘‘violation,’’ and inserting
‘‘offense,’’; and
(2) in subsection (b), by inserting ‘‘expert ad-
vice or assistance,’’ after ‘‘training,’’.
SEC. 307. PROHIBITION AGAINST HARBORING.
Title 18, United States Code, is amended by adding
the following new section:
‘‘§ 791. Prohibition against harboring
‘‘Whoever harbors or conceals any person who he
knows has committed, or is about to commit, an offense
described in section 25(2) or this title shall be fined under
this title or imprisoned not more than ten years or both.
There is extraterritorial Federal jurisdiction over any vio-
lation of this section or any conspiracy or attempt to vio-
late this section. A violation of this section or of such a
conspiracy or attempt may be prosecuted in any Federal
judicial district in which the underlying offense was com-