[Congressional Record: October 12, 2001 (House)]
[Page H6726-H6776]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr12oc01-115]
PATRIOT ACT OF 2001
Mr. SENSENBRENNER. Mr. Speaker, pursuant to House Resolution 264, I
call up the bill (H.R. 2975) to combat terrorism, and for other
purposes, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 264, the bill
is considered read for amendment.
The text of H.R. 2975 is as follows:
H. R. 2975
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Provide Appropriate Tools
Required to Intercept and Obstruct Terrorism (PATRIOT) Act of
2001''.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Construction; severability.
TITLE I--INTELLIGENCE GATHERING
Subtitle A--Electronic Surveillance
Sec. 101. Modification of authorities relating to use of pen registers
and trap and trace devices.
[[Page H6727]]
Sec. 102. Seizure of voice-mail messages pursuant to warrants.
Sec. 103. Authorized disclosure.
Sec. 104. Savings provision.
Sec. 105. Interception of computer trespasser communications.
Sec. 106. Technical amendment.
Sec. 107. Scope of subpoenas for records of electronic communications.
Sec. 108. Nationwide service of search warrants for electronic
evidence.
Sec. 109. Clarification of scope.
Sec. 110. Emergency disclosure of electronic communications to protect
life and limb.
Sec. 111. Use as evidence.
Sec. 112. Reports concerning the disclosure of the contents of
electronic communications.
Subtitle B--Foreign Intelligence Surveillance and Other Information
Sec. 151. Period of orders of electronic surveillance of non-United
States persons under foreign intelligence surveillance.
Sec. 152. Multi-point authority.
Sec. 153. Foreign intelligence information.
Sec. 154. Foreign intelligence information sharing.
Sec. 155. Pen register and trap and trace authority.
Sec. 156. Business records.
Sec. 157. Miscellaneous national-security authorities.
Sec. 158. Proposed legislation.
Sec. 159. Presidential authority.
Sec. 160. Sunset.
TITLE II--ALIENS ENGAGING IN TERRORIST ACTIVITY
Subtitle A--Detention and Removal of Aliens Engaging in Terrorist
Activity
Sec. 201. Changes in classes of aliens who are ineligible for admission
and deportable due to terrorist activity.
Sec. 202. Changes in designation of foreign terrorist organizations.
Sec. 203. Mandatory detention of suspected terrorists; habeas corpus;
judicial review.
Sec. 204. Multilateral cooperation against terrorists.
Sec. 205. Changes in conditions for granting asylum and asylum
procedures.
Sec. 206. Protection of 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.
Subtitle B--Preservation of Immigration Benefits for Victims of
Terrorism
Sec. 211. Special immigrant status.
Sec. 212. Extension of filing or reentry deadlines.
Sec. 213. Humanitarian relief for certain surviving spouses and
children.
Sec. 214. ``Age-out'' protection for children.
Sec. 215. Temporary administrative relief.
Sec. 216. Evidence of death, disability, or loss of employment.
Sec. 217. No benefits to terrorists or family members of terrorists.
Sec. 218. Definitions.
TITLE III--CRIMINAL JUSTICE
Subtitle A--Substantive Criminal Law
Sec. 301. Statute of limitation for prosecuting terrorism offenses.
Sec. 302. Alternative maximum penalties for terrorism crimes.
Sec. 303. Penalties for terrorist conspiracies.
Sec. 304. Terrorism crimes as RICO predicates.
Sec. 305. Biological weapons.
Sec. 306. Support of terrorism through expert advice or assistance.
Sec. 307. Prohibition against harboring.
Sec. 308. Post-release supervision of terrorists.
Sec. 309. Definition.
Sec. 310. Civil damages.
Subtitle B--Criminal Procedure
Sec. 351. Single-jurisdiction search warrants for terrorism.
Sec. 352. DNA identification of terrorists.
Sec. 353. Grand jury matters.
Sec. 354. Extraterritoriality.
Sec. 355. Jurisdiction over crimes committed at United States
facilities abroad.
Sec. 356. Special agent authorities.
TITLE IV--FINANCIAL INFRASTRUCTURE
Sec. 401. Laundering the proceeds of terrorism.
Sec. 402. Material support for terrorism.
Sec. 403. Assets of terrorist organizations.
Sec. 404. Technical clarification relating to provision of material
support to terrorism.
Sec. 405. Disclosure of tax information in terrorism and national
security investigations.
Sec. 406. Extraterritorial jurisdiction.
TITLE V--EMERGENCY AUTHORIZATIONS
Sec. 501. Office of Justice programs.
Sec. 502. Attorney General's authority to pay rewards.
Sec. 503. Limited authority to pay overtime.
Sec. 504. Department of State reward authority.
TITLE VI--DAM SECURITY
Sec. 601. Security of reclamation dams, facilities, and resources.
TITLE VII--MISCELLANEOUS
Sec. 701. Employment of translators by the Federal Bureau of
Investigation.
Sec. 702. Review of the Department of Justice.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one of
utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall
not affect the remainder thereof or the application of such
provision to other persons not similarly situated or to
other, dissimilar circumstances.
TITLE I--INTELLIGENCE GATHERING
Subtitle A--Electronic Surveillance
SEC. 101. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN
REGISTERS AND TRAP AND TRACE DEVICES.
(a) General Limitation on Use by Governmental Agencies.--
Section 3121(c) of title 18, United States Code, is amended--
(1) by inserting ``or trap and trace device'' after ``pen
register'';
(2) by inserting ``, routing, addressing,'' after
``dialing''; and
(3) by striking ``call processing'' and inserting ``the
processing and transmitting of wire and electronic
communications''.
(b) Issuance of Orders.--
(1) In general.--Subsection (a) of section 3123 of title
18, United States Code, is amended to read as follows:
``(a) In General.--
``(1) Upon an application made under section 3122(a)(1),
the court shall enter an ex parte order authorizing the
installation and use of a pen register or trap and trace
device anywhere within the United States, if the court finds
that the attorney for the Government has certified to the
court that the information likely to be obtained by such
installation and use is relevant to an ongoing criminal
investigation. The order shall, upon service thereof, apply
to any person or entity providing wire or electronic
communication service in the United States whose assistance
may facilitate the execution of the order.
``(2) Upon an application made under section 3122(a)(2),
the court shall enter an ex parte order authorizing the
installation and use of a pen register or trap and trace
device within the jurisdiction of the court, if the court
finds that the State law-enforcement or investigative officer
has certified to the court that the information likely to be
obtained by such installation and use is relevant to an
ongoing criminal investigation.''.
(2) Contents of order.--Subsection (b)(1) of section 3123
of title 18, United States Code, is amended--
(A) in subparagraph (A)--
(i) by inserting ``or other facility'' after ``telephone
line''; and
(ii) by inserting before the semicolon at the end ``or
applied''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) the attributes of the communications to which the
order applies, including the number or other identifier and,
if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied, and, in the case of an order
authorizing installation and use of a trap and trace device
under subsection (a)(2), the geographic limits of the order;
and''.
(3) Nondisclosure requirements.--Subsection (d)(2) of
section 3123 of title 18, United States Code, is amended--
(A) by inserting ``or other facility'' after ``the line'';
and
(B) by striking ``, or who has been ordered by the court''
and inserting ``or applied, or who is obligated by the
order''.
(c) Definitions.--
(1) Court of competent jurisdiction.--Paragraph (2) of
section 3127 of title 18, United States Code, is amended by
striking subparagraph (A) and inserting the following:
``(A) any district court of the United States (including a
magistrate judge of such a court) or any United States court
of appeals having jurisdiction over the offense being
investigated; or''.
(2) Pen register.--Paragraph (3) of section 3127 of title
18, United States Code, is amended--
(A) by striking ``electronic or other impulses'' and all
that follows through ``is attached'' and inserting ``dialing,
routing, addressing, or signaling information transmitted by
an instrument or facility from which a wire or electronic
communication is transmitted (but not including the contents
of such communication)''; and
(B) by inserting ``or process'' after ``device'' each place
it appears.
(3) Trap and trace device.--Paragraph (4) of section 3127
of title 18, United States Code, is amended--
(A) by inserting ``or process'' after ``a device''; and
(B) by striking ``of an instrument'' and all that follows
through the end and inserting ``or other dialing, routing,
addressing, and signaling information reasonably likely to
identify the source of a wire or electronic communication
(but not including the contents of such communication);''.
(4) Conforming amendment.--Section 3127(1) of title 18,
United States Code, is amended--
(A) by striking ``and''; and
[[Page H6728]]
(B) by inserting ``and `contents''' after``electronic
communication service''.
(d) No Liability for Internet Service Providers.--Section
3124(d) of title 18, United States Code, is amended by
striking ``the terms of''.
SEC. 102. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO
WARRANTS.
Title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (1), by striking all the words after
``commerce''; and
(B) in paragraph (14), by inserting ``wire or'' after
``transmission of''; and
(2) in section 2703--
(A) in the headings for subsections (a) and (b), by
striking ``Contents of electronic'' and inserting ``Contents
of wire or electronic'';
(B) in subsection (a), by striking ``contents of an
electronic'' and inserting ``contents of a wire or
electronic'' each place it appears; and
(C) in subsection (b), by striking ``any electronic'' and
inserting ``any wire or electronic'' each place it appears.
SEC. 103. AUTHORIZED DISCLOSURE.
Section 2510(7) of title 18, United States Code, is amended
by inserting ``, and (for purposes only of section 2517 as it
relates to foreign intelligence information) any Federal law
enforcement, intelligence, national security, national
defense, protective, immigration personnel, or the President
or Vice President of the United States'' after ``such
offenses''.
SEC. 104. SAVINGS PROVISION.
Section 2511(2)(f) of title 18, United States Code, is
amended--
(1) by striking ``or chapter 121'' and inserting ``,
chapter 121, or chapter 206''; and
(2) by striking ``wire and oral'' and inserting ``wire,
oral, and electronic''.
SEC. 105. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.
Chapter 119 of title 18, United States Code, is amended--
(1) in section 2510--
(A) in paragraph (17), by striking ``and'' at the end;
(B) in paragraph (18), by striking the period and inserting
a semi-colon; and
(C) by adding after paragraph (18) the following:
``(19) `protected computer' has the meaning set forth in
section 1030; and
``(20) `computer trespasser' means a person who accesses a
protected computer without authorization and thus has no
reasonable expectation of privacy in any communication
transmitted to, through, or from the protected computer.'';
(2) in section 2511(2), by inserting after paragraph (h)
the following:
``(i) It shall not be unlawful under this chapter for a
person acting under color of law to intercept the wire or
electronic communications of a computer trespasser, if--
``(i) the owner or operator of the protected computer
authorizes the interception of the computer trespasser's
communications on the protected computer;
``(ii) the person acting under color of law is lawfully
engaged in an investigation;
``(iii) the person acting under color of law has reasonable
grounds to believe that the contents of the computer
trespasser's communications will be relevant to the
investigation; and
``(iv) such interception does not acquire communications
other than those transmitted to or from the computer
trespasser.''; and
(3) in section 2520(d)(3), by inserting ``or 2511(2)(i)''
after ``2511(3)''.
SEC. 106. TECHNICAL AMENDMENT.
Section 2518(3)(c) of title 18, United States Code, is
amended by inserting ``and'' after the semicolon.
SEC. 107. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC
COMMUNICATIONS.
Section 2703(c)(1)(C) of title 18, United States Code, is
amended--
(1) by striking ``entity the name, address, local and long
distance telephone toll billing records, telephone number or
other subscriber number or identity, and length of service of
a'' and inserting the following:
``entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection records,
or records of session times and durations;
``(D) length of service (including start date) and types of
service utilized;
``(E) telephone or instrument number or other subscriber
number or identity, including any temporarily assigned
network address; and
``(F) means and source of payment (including any credit
card or bank account number);
of a''; and
(2) by striking ``and the types of services the subscriber
or customer utilized,'' after ``of a subscriber to or
customer of such service,''.
SEC. 108. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR
ELECTRONIC EVIDENCE.
Chapter 121 of title 18, United States Code, is amended--
(1) in section 2703, by striking ``under the Federal Rules
of Criminal Procedure'' each place it appears and inserting
``using the procedures described in the Federal Rules of
Criminal Procedure by a court with jurisdiction over the
offense under investigation''; and
(2) in section 2711--
(A) in paragraph (1), by striking ``and'';
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding the following new paragraph at the end:
``(3) the term `court of competent jurisdiction' has the
meaning given that term in section 3127, and includes any
Federal court within that definition, without geographic
limitation.''.
SEC. 109. CLARIFICATION OF SCOPE.
Section 2511(2) of title 18, United States Code, as amended
by section 106(2) of this Act, is further amended by adding
at the end the following:
``(j) With respect to a voluntary or obligatory disclosure
of information (other than information revealing customer
cable viewing activity) under this chapter, chapter 121, or
chapter 206, subsections (c)(2)(B) and (h) of section 631 of
the Communications Act of 1934 do not apply.
SEC. 110. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS
TO PROTECT LIFE AND LIMB.
(a) Section 2702 of title 18, United States Code, is
amended--
(1) by amending the heading to read as follows:
``Sec. 2702. Voluntary disclosure of customer communications
or records'' ;
(2) in subsection (a)(2)(B) by striking the period and
inserting ``; and'';
(3) in subsection (a), by inserting after paragraph (2) the
following:
``(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly
divulge a record or other information pertaining to a
subscriber to or customer of such service (not including the
contents of communications covered by paragraph (1) or (2))
to any governmental entity.'';
(4) in subsection (b), by striking ``Exceptions.--A person
or entity'' and inserting ``Exceptions for Disclosure of
Communications.--A provider described in subsection (a)'';
(5) in subsection (b)(6)--
(A) in subparagraph (A)(ii), by striking ``or'';
(B) in subparagraph (B), by striking the period and
inserting ``; or'';
(C) by inserting after subparagraph (B) the following:
``(C) if the provider reasonably believes that an emergency
involving immediate danger of death or serious physical
injury to any person requires disclosure of the information
without delay.''; and
(6) by inserting after subsection (b) the following:
``(c) Exceptions for Disclosure of Customer Records.--A
provider described in subsection (a) may divulge a record or
other information pertaining to a subscriber to or customer
of such service (not including the contents of communications
covered by subsection (a)(1) or (a)(2))--
``(1) as otherwise authorized in section 2703;
``(2) with the lawful consent of the customer or
subscriber;
``(3) as may be necessarily incident to the rendition of
the service or to the protection of the rights or property of
the provider of that service;
``(4) to a governmental entity, if the provider reasonably
believes that an emergency involving immediate danger of
death or serious physical injury to any person justifies
disclosure of the information; or
``(5) to any person other than a governmental entity.''.
(b) Section 2703 of title 18, United States Code, is
amended--
(1) so that the section heading reads as follows:
``Sec. 2703. Required disclosure of customer communications
or records'';
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``Except'' and all
that follows through ``only when'' in subparagraph (B) and
inserting ``A governmental entity may require a provider of
electronic communication service or remote computing service
to disclose a record or other information pertaining to a
subscriber to or customer of such service (not including the
contents of communications) only when'';
(B) by striking ``or'' at the end of clause (iii) of
subparagraph (B);
(C) by striking the period at the end of clause (iv) of
subparagraph (B) and inserting ``; or'';
(D) by inserting after clause (iv) of subparagraph (B) the
following:
``(v) seeks information pursuant to subparagraph (B).'';
(E) in subparagraph (C), by striking ``(B)'' and inserting
``(A)''; and
(F) by redesignating subparagraph (C) as subparagraph (B);
and
(3) in subsection (e), by striking ``or certification'' and
inserting ``certification, or statutory authorization''.
SEC. 111. USE AS EVIDENCE.
(a) In General.--Section 2515 of title 18, United States
Code, is amended--
(1) by striking ``wire or oral'' in the heading and
inserting ``wire, oral, or electronic'';
(2) by striking ``Whenever any wire or oral communication
has been intercepted'' and inserting ``(a) Except as provided
in subsection (b), whenever any wire, oral, or electronic
communication has been intercepted, or any electronic
communication in electronic storage has been disclosed'';
[[Page H6729]]
(3) by inserting ``or chapter 121'' after ``this chapter'';
and
(4) by adding at the end the following:
``(b) Subsection (a) does not apply to the disclosure,
before a grand jury or in a criminal trial, hearing, or other
criminal proceeding, of the contents of a communication, or
evidence derived therefrom, against a person alleged to have
intercepted, used, or disclosed the communication in
violation of this chapter, or chapter 121, or participated in
such violation.''.
(b) Section 2517.--Paragraphs (1) and (2) of section 2517
are each amended by inserting ``or under the circumstances
described in section 2515(b)'' after ``by this chapter''.
(c) Section 2518.--Section 2518 of title 18, United States
Code, is amended--
(1) in subsection (7), by striking ``subsection (d)'' and
inserting ``subsection (8)(d)''; and
(2) in subsection (10)--
(A) in paragraph (a)--
(i) by striking ``or oral'' each place it appears and
inserting ``, oral, or electronic'';
(ii) by striking the period at the end of clause (iii) and
inserting a semicolon; and
(iii) by inserting ``except that no suppression may be
ordered under the circumstances described in section
2515(b).'' before ``Such motion''; and
(B) by striking paragraph (c).
(d) Clerical Amendment.--The item relating to section 2515
in the table of sections at the beginning of chapter 119 of
title 18, United States Code, is amended to read as follows:
``2515. Prohibition of use as evidence of intercepted wire, oral, or
electronic communications.''.
SEC. 112. REPORTS CONCERNING THE DISCLOSURE OF THE CONTENTS
OF ELECTRONIC COMMUNICATIONS.
Section 2703 of title 18, United States Code, is amended by
adding at the end the following:
``(g) Reports Concerning the Disclosure of the Contents of
Electronic Communications.--
``(1) By January 31 of each calendar year, the judge
issuing or denying an order, warrant, or subpoena, or the
authority issuing or denying a subpoena, under subsection (a)
or (b) of this section during the preceding calendar year
shall report on each such order, warrant, or subpoena to the
Administrative Office of the United States Courts--
``(A) the fact that the order, warrant, or subpoena was
applied for;
``(B) the kind of order, warrant, or subpoena applied for;
``(C) the fact that the order, warrant, or subpoena was
granted as applied for, was modified, or was denied;
``(D) the offense specified in the order, warrant,
subpoena, or application;
``(E) the identity of the agency making the application;
and
``(F) the nature of the facilities from which or the place
where the contents of electronic communications were to be
disclosed.
``(2) In January of each year the Attorney General or an
Assistant Attorney General specially designated by the
Attorney General shall report to the Administrative Office of
the United States Courts--
``(A) the information required by subparagraphs (A) through
(F) of paragraph (1) of this subsection with respect to each
application for an order, warrant, or subpoena made during
the preceding calendar year; and
``(B) a general description of the disclosures made under
each such order, warrant, or subpoena, including--
``(i) the approximate number of all communications
disclosed and, of those, the approximate number of
incriminating communications disclosed;
``(ii) the approximate number of other communications
disclosed; and
``(iii) the approximate number of persons whose
communications were disclosed.
``(3) In June of each year, beginning in 2003, the Director
of the Administrative Office of the United States Courts
shall transmit to the Congress a full and complete report
concerning the number of applications for orders, warrants,
or subpoenas authorizing or requiring the disclosure of the
contents of electronic communications pursuant to subsections
(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 required to be filed with the
Administrative Office by paragraphs (1) and (2) of this
subsection. The Director of the Administrative Office of the
United States Courts is authorized to issue binding
regulations dealing with the content and form of the reports
required to be filed by paragraphs (1) and (2) of this
subsection.''.
Subtitle B--Foreign Intelligence Surveillance and Other Information
SEC. 151. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-
UNITED STATES PERSONS UNDER FOREIGN
INTELLIGENCE SURVEILLANCE.
(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 inserting ``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
Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended
by inserting ``, or, in circumstances where the Court finds
that the actions of the target of the electronic surveillance
may have the effect of thwarting the identification 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 Foreign
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 SHARING.
Notwithstanding any other provision of law, it shall be
lawful for foreign intelligence information obtained as part
of a criminal investigation (including information obtained
pursuant to chapter 119 of title 18, United States Code) to
be provided to any Federal law-enforcement-, intelligence-,
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 AUTHORITY.
Section 402(c) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1842(c)) is amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) in paragraph (2)--
(A) by inserting ``from the telephone line to which the pen
register or trap and trace device is to be attached, or the
communication instrument or device to be covered by the pen
register or trap and trace device'' after ``obtained''; and
(B) by striking ``; and'' and inserting a period; and
(3) by striking paragraph (3).
SEC. 156. BUSINESS RECORDS.
(a) In General.--Section 501 of the Foreign Intelligence
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 investigations
``Sec. 501. (a) In any investigation to gather foreign
intelligence information or an investigation concerning
international terrorism, such investigation being conducted
by the Federal Bureau of Investigation under such 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 designee of the Director
(whose rank shall be no lower than Assistant Special Agent in
Charge) may make an application 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 subsection (a).
``(c)(1) Upon application made pursuant to this section,
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
redesignated as section 502.
(c) Clerical Amendment.--The table of contents at the
beginning of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) is amended by striking the
items relating to title V and inserting the following:
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``501. Access to certain business records for foreign intelligence and
international terrorism investigations.
``502. Congressional oversight.''.
SEC. 157. MISCELLANEOUS NATIONAL-SECURITY AUTHORITIES.
(a) Section 2709(b) of title 18, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``, or electronic communication
transactional records'' after ``toll billing records''; and
(B) by striking ``made that'' and all that follows through
the end of such paragraph and inserting ``made that the name,
address, length of service, and toll billing records
[[Page H6730]]
sought are relevant to an authorized foreign
counterintelligence 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 investigation.''.
(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 counterintelligence investigation.''.
SEC. 158. PROPOSED LEGISLATION.
Not later than August 31, 2003, the President shall propose
legislation relating to the provisions set to expire by
section 160 of this Act as the President may judge necessary
and expedient.
SEC. 159. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Economic Powers
Act (50 U.S.C. 1702) is amended in subsection (a)(1)--
(1) in subparagraph (A)--
(A) in clause (ii), by adding ``or'' after ``thereof,'';
and
(B) by striking clause (iii) and inserting the following:
``(iii) the importing or exporting of currency or
securities,
by any person, or with respect to any property, subject to
the jurisdiction of the United States;'';
(2) by striking after subparagraph (B), ``by any person, or
with respect to any property, subject to the jurisdiction of
the United States'';
(3) in subparagraph (B)--
(A) by inserting after ``investigate'' the following: ``,
block during the pendency of an investigation 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 subparagraph:
``(C) when a statute has been enacted authorizing the use
of force by United States armed forces against a foreign
country, foreign organization, or foreign national, or when
the United States has been subject to an armed attack by a
foreign country, foreign 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
attack; and
``(i) all right, title, and interest in any property so
confiscated shall vest when, as, and upon the terms directed
by the President, in such agency or person as the President
may designate from time to time,
``(ii) upon such terms and conditions as the President may
prescribe, such interest or property shall be held, used,
administered, liquidated, sold, or otherwise dealt with in
the interest of and for the benefit of the United States,
except that the proceeds of any such liquidation or sale, or
any cash assets, shall be segregated from other United States
Government funds and shall be used only pursuant to a statute
authorizing the expenditure of such proceeds or assets, and
``(iii) such designated agency or person may perform any
and all acts incident to the accomplishment or furtherance of
these purposes.''.
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 INELIGIBLE FOR
ADMISSION AND DEPORTABLE DUE TO TERRORIST
ACTIVITY.
(a) Aliens Ineligible for Admission Due to Terrorist
Activities.--Section 212(a)(3)(B) of the Immigration 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 organization, 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 determined 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 prominence within a foreign
state or the United States to endorse or espouse terrorist
activity, or to persuade others 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 ``explosive or
firearm'' and inserting ``explosive, firearm, or other
object'';
(3) by amending clause (iii) to read as follows:
``(iii) Engage in terrorist activity defined.--As used in
this Act, the term `engage in terrorist activity' means, in
an individual capacity or as a member of an organization--
``(I) to commit a terrorist activity;
``(II) to plan or prepare to commit a terrorist activity;
``(III) to gather information on potential targets for a
terrorist activity;
``(IV) to solicit funds or other things of value for--
``(a) a terrorist activity;
``(b) an organization designated as a foreign terrorist
organization under section 219; or
``(c) 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;
``(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
foreign 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, including a safe
house, transportation, communications, funds, transfer of
funds or other material financial benefit, false
documentation or identification, weapons (including chemical,
biological, 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
activity;
``(c) to an organization designated as a foreign terrorist
organization under section 219; or
``(d) to a terrorist organization described in clause
(v)(II), but only if the actor knows, or reasonably should
know, that the act would further a terrorist activity.''; and
(4) by adding at the end the following:
``(v) Terrorist organization defined.--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
significant 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 material support to an individual who committed or planned
to commit a terrorist activity, if the alien establishes by
clear and convincing evidence that such support was afforded
only after such individual permanently and publicly
renounced, rejected the use of, and had ceased to engage in,
terrorist 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 incidentally in activities that could
endanger the welfare, safety, or security of the United
States is inadmissible.''.
(c) Aliens Deportable Due to Terrorist Activities.--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--
[[Page H6731]]
``(i) has engaged, is engaged, or at any time after
admission engages in terrorist activity (as defined in
section 212(a)(3)(B)(iii));
``(ii) is a representative (as defined in section
212(a)(3)(B)(iv)) of--
``(I) a foreign terrorist organization, as designated by
the Secretary of State under section 219; or
``(II) a political, social, or other similar group whose
public endorsement of terrorist activity--
``(a) is intended and likely to incite or produce imminent
lawless action; and
``(b) has been determined by the Secretary of State to
undermine the efforts of the United States to reduce or
eliminate terrorist 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 Secretary of State to undermine the
efforts 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 action and that
has been determined by the Secretary of State to undermine
the efforts of the United States to reduce or eliminate
terrorist activities, to support terrorist activity or a
terrorist organization (as defined in section
212(a)(3)(B)(v)).''.
(d) Retroactive Application of Amendments.--
(1) In general.--The amendments made by this section shall
take effect on the date of the 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--
(i) in removal proceedings on or after such date (except
for proceedings in which there has been a final
administrative decision 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 removal proceedings.
(3) Special rule for section 219 organizations.--
(A) In general.--Notwithstanding paragraphs (1) and (2), no
alien shall be considered inadmissible under section
212(a)(3) of the Immigration 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 section 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 terrorist organization at any time when
such organization was designated by the Secretary of State
under section 219 of such Act; or
(ii) described in subclause (IV)(c), (V)(d), or (VI)(d) of
section 212(a)(3)(B)(iii) of such Act (as so amended) with
respect to any group described in any of such subclauses.
SEC. 202. CHANGES IN DESIGNATION OF FOREIGN TERRORIST
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 Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or
retains the capability and intent to engage in terrorist
activity or to engage in terrorism (as so defined);''; and
(B) in subparagraph (C), by inserting ``or terrorism''
after ``activity'';
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as follows:
``(A) Notice.--
``(i) In general.--Seven days before making a designation
under this subsection, the Secretary shall, by classified
communication, notify the Speaker and minority leader of the
House of Representatives, the President pro tempore, majority
leader, and minority leader of the Senate, the members of the
relevant committees, and the Secretary of the Treasury, in
writing, of the intent to designate a foreign organization
under this subsection, together with the findings made under
paragraph (1) with respect to that organization, and the
factual basis therefor.
``(ii) Publication of designation.--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 ``subsection (c).''
and inserting ``subsection (b).';
(4) in paragraph (4)(B), by inserting after the first
sentence the following: ``The Secretary may also redesignate
such organization at the end of any 2-year redesignation
period (but not sooner than 60 days prior to the termination
of such period) for an additional 2-year period upon a
finding that the relevant circumstances described in
paragraph (1) still exist. Any redesignation shall be
effective immediately following the end of the prior 2-year
designation or redesignation period unless a different
effective date is provided in such redesignation.'';
(5) in paragraph (6)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting ``or a
redesignation made under paragraph (4)(B)'' after ``paragraph
(1)'';
(ii) in clause (i)--
(I) by inserting ``or redesignation'' after ``designation''
the first place it appears; and
(II) by striking ``of the designation;'' 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 revocation 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 subsection has become effective
under paragraph (4)(B)'';
(B) by inserting ``or an alien in a removal proceeding''
after ``criminal action''; and
(C) by inserting ``or redesignation'' before ``as a
defense''.
SEC. 203. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS
CORPUS; JUDICIAL REVIEW.
(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 paragraph (5), the
Attorney General shall maintain custody 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
determines that the alien is no longer an alien who may be
certified under paragraph (3).
``(3) Certification.--The Attorney General may certify an
alien under this paragraph if the Attorney General has
reasonable grounds to believe that the alien--
``(A) is described in section 212(a)(3)(A)(i),
212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or
``(B) is engaged in any other activity that endangers the
national security of the United States.
``(4) Nondelegation.--The Attorney General may delegate the
authority provided under paragraph (3) only to the
Commissioner. The Commissioner may not delegate such
authority.
``(5) Commencement of proceedings.--The Attorney General
shall place an alien detained under paragraph (1) in removal
proceedings, or shall charge the alien with a criminal
offense, not later than 7 days after the commencement of such
detention. If the requirement of the preceding sentence is
not satisfied, the Attorney General shall release the alien.
``(b) Habeas Corpus and Judicial Review.--Judicial review
of any action or decision relating to this section (including
judicial review of the merits of a determination made under
subsection (a)(3)) is available exclusively in habeas corpus
proceedings in the United States District Court for the
District of Columbia. Notwithstanding 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 inserting after
the item relating to section 236 the following:
``Sec. 236A. Mandatory detention of suspected terrorists; habeas
corpus; judicial review.''.
(c) Reports.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the
Attorney General shall submit a report to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate, with respect to the
reporting period, on--
(1) the number of aliens certified under section 236A(a)(3)
of the Immigration and Nationality Act, as added by
subsection (a);
[[Page H6732]]
(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 TERRORISTS.
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,
certified 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 foreign 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,
investigating, 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 determination
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 information
shall be made available to foreign governments on a
reciprocal basis.''.
SEC. 205. CHANGES IN CONDITIONS FOR GRANTING ASYLUM AND
ASYLUM PROCEDURES.
(a) Aliens Ineligible for Asylum Due to Terrorist
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 inserting
``described in''.
(2) Retroactive application of amendments.--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
administrative decision before such date).
(b) Disclosure of Asylum Application Information.--
(1) In general.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) is amended by adding at the
end the following:
``(e) Limitation on Confidentiality of Information.--
``(1) In general.--The restrictions on information
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 described.
``(2) Exception.--The requirement of paragraph (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 governments.--If the Attorney
General desires to disclose information to a foreign
government under paragraph (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 disclosure 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 number authorized under
current law) in each State along the northern border;
(2) such sums as may be necessary to triple the number of
Immigration and Naturalization Service inspectors (from the
number authorized under current law) at ports of entry in
each State along the northern border; and
(3) an additional $50,000,000 to the Immigration and
Naturalization Service for purposes of making 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 Bureau of
Investigation shall provide the Secretary of State and the
Commissioner access to the criminal history record
information contained in the National Crime Information
Center's Interstate Identification Index, Wanted Persons
File, and to any other files maintained by the National Crime
Information Center that may be mutually agreed upon by the
Attorney General and the official to be provided access, for
the purpose of determining whether a visa 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 placement in the Department of
State's automated visa lookout database or other appropriate
database, and shall be provided without any fee or charge.
The Director of the Federal 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 content of a criminal history record, the
Secretary of State shall submit the applicant's fingerprints
and any appropriate fingerprint processing fee authorized by
law to the Criminal Justice Information Services Division of
the Federal Bureau of Investigation.
``(c) Reconsideration.--The provision of the extracts
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, promulgate
final regulations--
``(1) to implement procedures for the taking of
fingerprints; and
``(2) to establish the conditions for the use of the
information received from the Federal Bureau of
Investigation, in order--
``(A) to limit the redissemination of such information;
``(B) to ensure that such information is used solely to
determine whether 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 individuals who are
subjects of such information.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by amending the
item relating to section 105 to read as follows:
``Sec. 105. Liaison with internal security officers and data
exchange.''.
(c) Effective Date and Implementation.--The amendments made
by this section shall take effect on the date of the
enactment of this Act and shall be fully implemented 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 Attorney 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 enforce or administer
the immigration laws of the United States, for the purpose
of such enforcement or administration, upon terms that are
consistent with sections 212 through 216 of the National
Crime Prevention and Privacy Compact Act of 1998 (42
U.S.C. 14611 et seq.).
[[Page H6733]]
Subtitle B--Preservation of Immigration 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 specified 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 Immigration 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
authorize the issuance of a nonimmigrant visa to the alien
under section 101(a)(15)(K) of such Act (8 U.S.C.
1101(a)(15)(K)); or
(ii) an application for labor certification 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 revoked or terminated
(or otherwise rendered null), either before or after its
approval, due to a specified terrorist activity that directly
resulted in--
(i) the death or disability of the petitioner, 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 principal alien; or
(II) is following to join such principal alien not later
than September 11, 2003.
(B) Construction.--For purposes of construing the terms
``accompanying'' and ``following 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 grandparent 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 available under
this section shall be issued to aliens in the order in which
a petition on behalf of each such alien is filed with the
Attorney General under subsection (a)(1), except that if an
alien was assigned a priority date with respect to a petition
described in subsection (b)(1)(A)(i), the alien may maintain
that priority date.
(d) Numerical Limitations.--For purposes of the application
of sections 201 through 203 of the Immigration and
Nationality Act (8 U.S.C. 1151-1153) in any fiscal year,
aliens eligible to be provided status under this section
shall be treated as special immigrants described in section
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not
described in subparagraph (A), (B), (C), or (K) of such
section.
SEC. 212. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) Automatic Extension of Nonimmigrant Status.--
(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 disability described
in paragraph (2).
(2) Aliens described.--
(A) Principal aliens.--An alien is described in this
paragraph if the alien was disabled 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 subparagraph (A); or
(ii) an alien who died as a direct result 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 authorized'' endorsement or other appropriate
document signifying authorization of employment not later
than 30 days after the alien requests such authorization.
(b) New Deadlines for Extension or Change of Nonimmigrant
Status.--
(1) Filing delays.--In the case of an alien who was
lawfully present in the United States as a 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 direct 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
beginning on September 11, 2001, and ending on the date of
the alien's departure, if such departure occurs on or before
November 11, 2001.
(3) Special rule for aliens unable to return from abroad.--
(A) Principal aliens.--In the case of an alien who was in a
lawful nonimmigrant status on September 10, 2001, but who was
not present in the United States on such date, if the alien
was prevented from returning to the United States in order to
file a timely application for an extension of nonimmigrant
status as a direct result of a specified terrorist activity--
(i) the alien's application shall be considered 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 subparagraph had not been enacted; or
(II) the date that is 60 days after the date on which the
application 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 principal 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 Immigration and Nationality Act (8
U.S.C. 1153(e)(2)), an immigrant visa number issued to an
alien under section 203(c) of such Act for fiscal year 2001
may be used by the alien during the period beginning on
October 1, 2001, and ending on April 1, 2002, if the alien
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 permanent resident, or adjusting to
that status, under paragraph (1), the alien shall be counted
as a diversity 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 diversity immigrant for fiscal
year 2002.
(3) Treatment of family members of certain aliens.--In the
case of a principal alien issued an immigrant visa number
under section 203(c) of the Immigration and Nationality Act
(8 U.S.C. 1153(c)) for fiscal year 2001, if such principal
alien died as a direct result of a specified terrorist
activity, the aliens who were, on September 10, 2001, the
spouse and children of such principal alien shall, if not
otherwise entitled to an immigrant status and the immediate
issuance of a visa under subsection (a), (b), or (c) of
section 203 of such Act, be entitled to the same status, and
the same order of consideration, that would have been
provided to such alien spouse or child under section 203(d)
of such Act if the principal alien were not deceased.
(d) Extension of Expiration of Immigrant Visas.--
Notwithstanding the limitations under section 221(c) of the
Immigration and Nationality Act (8 U.S.C. 1201(c)), in the
case of any immigrant visa issued to an alien that expires or
expired before December 31, 2001, if the alien was unable to
effect entry to the United States as a direct result of a
specified terrorist activity, then the period of validity of
the visa is extended until December 31, 2001, unless a longer
period of validity is otherwise 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 September 11, 2001, if the
alien beneficiary of the parole was unable to return to the
United States prior to the expiration date as a direct result
of a specified terrorist activity, the parole is deemed
extended for an additional 90 days.
[[Page H6734]]
(f) Voluntary Departure.--Notwithstanding section 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 September 11, 2001, and ending
on October 11, 2001, such voluntary departure period is
deemed extended for an additional 30 days.
SEC. 213. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES
AND CHILDREN.
(a) Treatment as Immediate Relatives.--Notwithstanding 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 activity, the alien (and each child of the alien)
shall be considered, for purposes of section 201(b) of such
Act, to remain an immediate relative after the date of the
citizen's death, but only if the alien files a petition under
section 204(a)(1)(A)(ii) of such Act within 2 years after
such date and only until the date the alien remarries.
(b) Spouses, Children, Unmarried Sons and Daughters of
Lawful Permanent Resident Aliens.--
(1) In general.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is
included in a petition for classification as a family-
sponsored immigrant under section 203(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that
was filed by such alien before September 11, 2001, shall be
considered (if the spouse, child, son, or daughter has not
been admitted or 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 paragraph (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 Nationality Act may file a petition for such
classification 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 September 10, 2001,
the spouse or child of an alien described in paragraph (2),
and who applied for adjustment of status prior to the death
described in paragraph (2)(A), may have such application
adjudicated as if such death had not occurred.
(2) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a specified terrorist
activity; and
(B) on the day before such death, was--
(i) an alien lawfully admitted for permanent residence in
the United States by reason of having been allotted a visa
under section 203(b) of the Immigration and Nationality 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 determining the
admissibility of any alien accorded an immigration benefit
under this section, the grounds for inadmissibility specified
in section 212(a)(4) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(4)) shall not apply.
SEC. 214. ``AGE-OUT'' PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), in the case of an
alien--
(1) whose 21st birthday occurs in September 2001, and who
is the beneficiary of a petition or application filed under
such Act on or before September 11, 2001, the alien shall be
considered to be a child for 90 days after the alien's 21st
birthday for purposes of adjudicating such petition or
application; and
(2) whose 21st birthday occurs after September 2001, and
who is the beneficiary of a petition or application filed
under such Act on or before September 11, 2001, the alien
shall be considered to be a child for 45 days after the
alien's 21st birthday for purposes of adjudicating such
petition or application.
SEC. 215. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or to
ensure family unity, may provide temporary administrative
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 establish
appropriate standards for evidence demonstrating, for
purposes of this subtitle, that any of the following occurred
as a direct result of a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage to, or
destruction of, a business.
(b) Waiver of Regulations.--The Attorney General shall
carry out subsection (a) as expeditiously as possible. The
Attorney General is not required to promulgate regulations
prior to implementing this subtitle.
SEC. 217. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS 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 terrorist
activity; or
(2) any family member of any individual described in
paragraph (1).
SEC. 218. DEFINITIONS.
(a) Application of Immigration and Nationality Act
Provisions.--Except as otherwise specifically provided in
this subtitle, the definitions used in the Immigration and
Nationality Act (excluding the definitions applicable
exclusively to title III of such Act) shall apply in the
administration of this subtitle.
(b) Specified Terrorist Activity.--For purposes of this
subtitle, the term ``specified terrorist activity'' means any
terrorist activity conducted against the Government or the
people of the United States on September 11, 2001.
TITLE III--CRIMINAL JUSTICE
Subtitle A--Substantive Criminal Law
SEC. 301. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM
OFFENSES.
(a) In General.--Section 3286 of title 18, United States
Code, is amended to read as follows:
``Sec. 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 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 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 certain property), 1114(1) (relating to protection of
officers and employees of the United States), 1116, if the
offense involves murder (relating to murder or manslaughter
of foreign officials, official guests, or internationally
protected persons), 1203 (relating to hostage taking),
1751(a)-(d) (relating to Presidential and Presidential staff
assassination and kidnaping), 2332(a)(1) (relating to certain
homicides and other violence against United States nationals
occurring outside of the United States), 2332a (relating to
use of weapons of mass destruction), 2332b (relating to acts
of terrorism transcending national boundaries) of this title.
``(2) Section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284);
``(3) Section 601 (relating to disclosure of identities 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 weapons), 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 (relating to conspiracy to injure
property of a foreign government), 1030(a)(1), 1030(a)(5)(A),
or 1030(a)(7) (relating to protection of computers), 1362
(relating to destruction of communication lines, stations, or
systems), 1366 (relating to destruction of an energy
facility), 1992 (relating to trainwrecking), 2152 (relating
to injury of fortifications, harbor defenses, or defensive
sea areas), 2155 (relating to destruction of national defense
materials, premises, or utilities), 2156 (relating to
production of defective national defense materials, premises,
or utilities), 2280 (relating to violence against maritime
navigation), 2281 (relating to violence against maritime
fixed platforms), 2339A (relating to providing material
support to terrorists), 2339B (relating to providing material
support to terrorist organizations), or 2340A (relating to
torture).
``(2) Any of the following provisions of title 49: the
second sentence of section 46504 (relating to assault on a
flight crew with a dangerous weapon), section 46505(b)(3),
(relating to explosive or incendiary devices, or endangerment
of human life by means of weapons, on aircraft), section
46506 if homicide or attempted homicide is involved, or
section 60123(b) (relating to destruction of interstate gas
or hazardous liquid pipeline facility) of title 49.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 213 of
[[Page H6735]]
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 committed before, on,
or after the date of enactment of this section.
SEC. 302. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM 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 maximum 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 describing 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 following:
``Sec. 2332c. Attempts and conspiracies
``(a) Except as provided in subsection (c), any person who
attempts or conspires to commit any Federal terrorism offense
shall be subject to the same penalties as those 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 operation of
this section.''; and
(2) in the table of sections at the beginning of the
chapter, by inserting after the item relating to section
2332b the following new item:
``2332c. Attempts and conspiracies.''.
SEC. 304. TERRORISM CRIMES AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is
amended--
(1) by striking ``or (F)'' and inserting ``(F)''; and
(2) by striking ``financial gain;'' and inserting
``financial gain, or (G) any act that is a Federal terrorism
offense or is indictable under any of the following
provisions of law: section 32 (relating to destruction 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 congressional, 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 involves 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 taking), 1362 (relating to destruction of
communication lines, stations, or systems), 1366 (relating to
destruction of an energy facility), 1751(a)-(d) (relating to
Presidential and Presidential staff assassination 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 (relating 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 inserting ``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 inserting ``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 subsection (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 following:
``Sec. 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 commerce, if
the biological agent or toxin is listed as a select agent in
subsection (j) of section 72.6 of title 42, Code of 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 person'
means an individual who--
``(1) is under indictment for a crime punishable by
imprisonment for a term exceeding 1 year;
``(2) has been convicted in any court of a crime punishable
by imprisonment for a term exceeding 1 year;
``(3) is a fugitive from justice;
``(4) is an unlawful user of any controlled substance (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, pursuant to section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),
section 620A of chapter 1 of part M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371), or section 40(d) of chapter 3
of the Arms Export Control Act (22 U.S.C. 2780(d)), has made
a determination that remains in effect that such country has
repeatedly provided support for acts of international
terrorism.
``(c) As used in this section, the term `alien' has the
same meaning as that term is given in section 1010(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)),
and the term `lawfully' admitted for permanent 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 governmental
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 ADVICE OR
ASSISTANCE.
Section 2339A of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``a violation'' and all that follows
through ``49'' and inserting ``any Federal terrorism offense
or any offense described in section 25(2)''; and
(B) by striking ``violation,'' and inserting ``offense,'';
and
(2) in subsection (b), by inserting ``expert advice or
assistance,'' after ``training,''.
SEC. 307. PROHIBITION AGAINST HARBORING.
Title 18, United States Code, is amended by adding the
following new section:
``Sec. 791. Prohibition against harboring
``Whoever harbors or conceals any person who he knows has
committed, or is about to commit, an offense described in
section 25(2) or this title shall be fined under this title
or imprisoned not more than ten years or both. There is
extraterritorial Federal jurisdiction over any violation of
this section or any conspiracy or attempt to violate this
section. A violation of this section or of such a conspiracy
or attempt may be prosecuted in any Federal judicial district
in which the underlying offense was committed, or in any
other Federal judicial district as provided by law.''.
SEC. 308. 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 Offenses.--
Notwithstanding subsection (b), the authorized terms of
supervised release for any Federal terrorism offense are any
term of years or life.''.
SEC. 309. DEFINITION.
(a) Chapter 1 of title 18, United States Code, is amended--
(1) by adding after section 24 a new section as follows:
[[Page H6736]]
``Sec. 25. Federal terrorism offense defined
``As used in this title, the term `Federal terrorism
offense' means an offense that is--
``(1) is calculated to influence or affect the conduct of
government by intimidation or coercion; or to retaliate
against government conduct; and
``(2) is a violation of, or an attempt or conspiracy to
violate- section 32 (relating to destruction of aircraft or
aircraft facilities), 37 (relating to violence at
international airports), 81 (relating to arson within special
maritime and territorial jurisdiction), 175, 175b (relating
to biological weapons), 229 (relating to chemical weapons),
351(a)-(d) (relating to congressional, cabinet, and Supreme
Court assassination and kidnaping), 792 (relating to
harboring terrorists), 831 (relating to nuclear materials),
842(m) or (n) (relating to plastic explosives), 844(f) or (i)
(relating to arson and bombing of certain property), 930(c),
956 (relating to conspiracy to injure property of a foreign
government), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7)
(relating to protection of computers), 1114 (relating to
protection of officers and employees of the United States),
1116 (relating to murder or manslaughter of foreign
officials, official guests, or internationally protected
persons), 1203 (relating to hostage taking), 1361 (relating
to injury of Government property or contracts), 1362
(relating to destruction of communication lines, stations, or
systems), 1363 (relating to injury to buildings or property
within special maritime and territorial jurisdiction of the
United States), 1366 (relating to destruction of an energy
facility), 1751(a)-(d) (relating to Presidential and
Presidential staff assassination and kidnaping), 1992, 2152
(relating to injury of fortifications, harbor defenses, or
defensive sea areas), 2155 (relating to destruction of
national defense materials, premises, or utilities), 2156
(relating to production of defective national defense
materials, premises, or utilities), 2280 (relating to
violence against maritime navigation), 2281 (relating to
violence against maritime fixed platforms), 2332 (relating to
certain homicides and other violence against United States
nationals occurring outside of the United States), 2332a
(relating to use of weapons of mass destruction), 2332b
(relating to acts of terrorism transcending national
boundaries), 2339A (relating to providing material support to
terrorists), 2339B (relating to providing material support to
terrorist organizations), or 2340A (relating to torture);
``(3) section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284);
``(4) section 601 (relating to disclosure of identities of
covert agents) of the National Security Act of 1947 (50
U.S.C. 421); or
``(5) any of the following provisions of title 49: section
46502 (relating to aircraft piracy), the second sentence of
section 46504 (relating to assault on a flight crew with a
dangerous weapon), section 46505(b)(3), (relating to
explosive or incendiary devices, or endangerment of human
life by means of weapons, on aircraft), section 46506 if
homicide or attempted homicide is involved, or section
60123(b) (relating to destruction of interstate gas or
hazardous liquid pipeline facility) of title 49.''; and
(2) in the table of sections in the beginning of such
chapter, by inserting after the item relating to section 24
the following:
``25. Federal terrorism offense defined.''.
(b) Section 2332b(g)(5)(B) of title 18, United States Code,
is amended by striking ``is a violation'' and all that
follows through ``title 49'' and inserting ``is a Federal
terrorism offense''.
(c) Section 2331 of title 18, United States Code, is
amended--
(1) in paragraph (1)(B)--
(A) by inserting ``(or to have the effect)'' after
``intended''; and
(B) in clause (iii), by striking ``by assassination or
kidnapping'' and inserting ``(or any function thereof) by
mass destruction, assassination, or kidnapping (or threat
thereof)'';
(2) in paragraph (3), by striking ``and'';
(3) in paragraph (4), by striking the period and inserting
``; and''; and
(4) by inserting the following paragraph (4):
``(5) the term `domestic terrorism' means activities that--
``(A) involve acts dangerous to human life that are a
violation of the criminal laws of the United States or of any
State; and
``(B) appear to be intended (or to have the effect)--
``(i) to intimidate or coerce a civilian population;
``(ii) to influence the policy of a government by
intimidation or coercion; or
``(iii) to affect the conduct of a government (or any
function thereof) by mass destruction, assassination, or
kidnapping (or threat thereof).''.
SEC. 310. CIVIL DAMAGES.
Section 2707(c) of title 18, United States Code, is amended
by striking ``$1,000'' and inserting ``$10,000''.
Subtitle B--Criminal Procedure
SEC. 351. SINGLE-JURISDICTION SEARCH WARRANTS FOR TERRORISM.
Rule 41(a) of the Federal Rules of Criminal Procedure is
amended by inserting after ``executed'' the following: ``and
(3) in an investigation of domestic terrorism or
international terrorism (as defined in section 2331 of title
18, United States Code), by a Federal magistrate judge in any
district in which activities related to the terrorism may
have occurred, for a search of property or for a person
within or outside the district''.
SEC. 352. DNA IDENTIFICATION OF TERRORISTS.
Section 3(d)(1) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135a(d)(1)) is amended--
(1) by redesignating subparagraph (G) as subparagraph (H);
and
(2) by inserting after subparagraph (F) the a new
subparagraph as follows:
``(G) Any Federal terrorism offense (as defined in section
25 of title 18, United States Code).''.
SEC. 353. GRAND JURY MATTERS.
Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure
is amended--
(1) by adding at the end the following:
``(v) when permitted by a court at the request of an
attorney for the government, upon a showing that the matters
pertain to international or domestic terrorism (as defined in
section 2331 of title 18, United States Code) or national
security, to any Federal law enforcement, intelligence,
national security, national defense, protective, immigration
personnel, or to the President or Vice President of the
United States, for the performance of official duties.'';
(2) by striking ``or'' at the end of subdivision (iii); and
(3) by striking the period at the end of subdivision (iv)
and inserting ``; or''.
SEC. 354. EXTRATERRITORIALITY.
Chapter 113B of title 18, United States Code, is amended--
(1) in the heading for section 2338, by striking
``Exclusive'';
(2) in section 2338, by inserting ``There is
extraterritorial Federal jurisdiction over any Federal
terrorism offense and any offense under this chapter, in
addition to any extraterritorial jurisdiction that may exist
under the law defining the offense, if the person committing
the offense or the victim of the offense is a national of the
United States (as defined in section 101 of the Immigration
and Nationality Act) or if the offense is directed at the
security or interests of the United States.'' before ``The
district courts''; and
(3) in the table of sections at the beginning of such
chapter, by striking ``Exclusive'' in the item relating to
section 2338.
SEC. 355. JURISDICTION OVER CRIMES COMMITTED AT UNITED STATES
FACILITIES ABROAD.
Section 7 of title 18, United States Code, is amended by
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