Text: H.R.2975 — 107th Congress (2001-2002)All Bill Information (Except Text)

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[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 2975 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 198
107th CONGRESS
  1st Session
                                H. R. 2975


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2001

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
To deter and punish terrorist acts in the United States and around the 
 world, to enhance law enforcement investigatory tools, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Uniting and 
Strengthening America Act'' or the ``USA Act of 2001''.
    (b) Table of Contents.-- The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.
         TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and 
                            Muslim Americans.
Sec. 103. Increased funding for the technical support center at the 
                            Federal Bureau of Investigation.
Sec. 104. Requests for military assistance to enforce prohibition in 
                            certain emergencies.
Sec. 105. Expansion of National Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.
               TITLE II--ENHANCED SURVEILLANCE PROCEDURES

Sec. 201. Authority to intercept wire, oral, and electronic 
                            communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic 
                            communications relating to computer fraud 
                            and abuse offenses.
Sec. 203. Authority to share criminal investigative information.
Sec. 204. Clarification of intelligence exceptions from limitations on 
                            interception and disclosure of wire, oral, 
                            and electronic communications.
Sec. 205. Employment of translators by the Federal Bureau of 
                            Investigation.
Sec. 206. Roving surveillance authority under the Foreign Intelligence 
                            Surveillance Act of 1978.
Sec. 207. Duration of FISA surveillance of non-United States persons 
                            who are agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to warrants.
Sec. 210. Scope of subpoenas for records of electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic communications to protect 
                            life and limb.
Sec. 213. Authority for delaying notice of the execution of a warrant.
Sec. 214. Pen register and trap and trace authority under FISA.
Sec. 215. Access to records and other items under the Foreign 
                            Intelligence Surveillance Act.
Sec. 216. Modification of authorities relating to use of pen registers 
                            and trap and trace devices.
Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic 
                            evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.
                  TITLE III--FINANCIAL INFRASTRUCTURE

Sec. 301. Laundering the proceeds of terrorism.
Sec. 302. Extraterritorial jurisdiction.
                    TITLE IV--PROTECTING THE BORDER

               Subtitle A--Protecting the Northern Border

Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain 
                            identifying information in the criminal 
                            history records of visa applicants and 
                            applicants for admission to the United 
                            States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification 
                            system for points of entry and overseas 
                            consular posts.
              Subtitle B--Enhanced Immigration Provisions

Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus; 
                            judicial review.
Sec. 413. Multilateral cooperation against terrorists.
    Subtitle C--Preservation of Immigration Benefits for Victims of 
                               Terrorism

Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and 
                            children.
Sec. 424. ``Age-out'' protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.
         TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

Sec. 501. Attorney General's authority to pay rewards to combat 
                            terrorism.
Sec. 502. Secretary of State's authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.
 TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, 
                           AND THEIR FAMILIES

         Subtitle A--Aid to Families of Public Safety Officers

Sec. 611. Expedited payment for public safety officers involved in the 
                            prevention, investigation, rescue, or 
                            recovery efforts related to a terrorist 
                            attack.
Sec. 612. Technical correction with respect to expedited payments for 
                            heroic public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
       Subtitle B--Amendments to the Victims of Crime Act of 1984

Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
 TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE 
                               PROTECTION

Sec. 711. Expansion of regional information sharing system to 
                            facilitate Federal-State-local law 
                            enforcement response related to terrorist 
                            attacks.
     TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

Sec. 801. Terrorist attacks and other acts of violence against mass 
                            transportation systems.
Sec. 802. Definition of domestic terrorism.
Sec. 803. Prohibition against harboring terrorists.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material 
                            support to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving 
                            records in response to Government requests.
Sec. 816. Development and support of cybersecurity forensic 
                            capabilities.
                    TITLE IX--IMPROVED INTELLIGENCE

Sec. 901. Responsibilities of Director of Central Intelligence 
                            regarding foreign intelligence collected 
                            under Foreign Intelligence Surveillance Act 
                            of 1978.
Sec. 902. Inclusion of international terrorist activities within scope 
                            of foreign intelligence under National 
                            Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and maintenance of 
                            intelligence relationships to acquire 
                            information on terrorists and terrorist 
                            organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports 
                            on intelligence and intelligence-related 
                            matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign 
                            intelligence-related information with 
                            respect to criminal investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and 
                            use of foreign intelligence.
                         TITLE X--MISCELLANEOUS

Sec. 1001. Review of the department of justice.

SEC. 2. 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--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

SEC. 101. COUNTERTERRORISM FUND.

    (a) Establishment; Availability.--There is hereby established in 
the Treasury of the United States a separate fund to be known as the 
``Counterterrorism Fund'', amounts in which shall remain available 
without fiscal year limitation--
            (1) to reimburse any Department of Justice component for 
        any costs incurred in connection with--
                    (A) reestablishing the operational capability of an 
                office or facility that has been damaged or destroyed 
                as the result of any domestic or international 
                terrorism incident;
                    (B) providing support to counter, investigate, or 
                prosecute domestic or international terrorism, 
                including, without limitation, paying rewards in 
                connection with these activities; and
                    (C) conducting terrorism threat assessments of 
                Federal agencies and their facilities; and
            (2) to reimburse any department or agency of the Federal 
        Government for any costs incurred in connection with detaining 
        in foreign countries individuals accused of acts of terrorism 
        that violate the laws of the United States.
    (b) No Effect on Prior Appropriations.--Subsection (a) shall not be 
construed to affect the amount or availability of any appropriation to 
the Counterterrorism Fund made before the date of the enactment of this 
Act.

SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST ARAB AND 
              MUSLIM AMERICANS.

    (a) Findings.--Congress makes the following findings:
            (1) Arab Americans, Muslim Americans, and Americans from 
        South Asia play a vital role in our Nation and are entitled to 
        nothing less than the full rights of every American.
            (2) The acts of violence that have been taken against Arab 
        and Muslim Americans since the September 11, 2001, attacks 
        against the United States should be and are condemned by all 
        Americans who value freedom.
            (3) The concept of individual responsibility for wrongdoing 
        is sacrosanct in American society, and applies equally to all 
        religious, racial, and ethnic groups.
            (4) When American citizens commit acts of violence against 
        those who are, or are perceived to be, of Arab or Muslim 
        descent, they should be punished to the full extent of the law.
            (5) Muslim Americans have become so fearful of harassment 
        that many Muslim women are changing the way they dress to avoid 
        becoming targets.
            (6) Many Arab Americans and Muslim Americans have acted 
        heroically during the attacks on the United States, including 
        Mohammed Salman Hamdani, a 23-year-old New Yorker of Pakistani 
        descent, who is believed to have gone to the World Trade Center 
        to offer rescue assistance and is now missing.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the civil rights and civil liberties of all Americans, 
        including Arab Americans, Muslim Americans, and Americans from 
        South Asia, must be protected, and that every effort must be 
        taken to preserve their safety;
            (2) any acts of violence or discrimination against any 
        Americans be condemned; and
            (3) the Nation is called upon to recognize the patriotism 
        of fellow citizens from all ethnic, racial, and religious 
        backgrounds.

SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER AT THE 
              FEDERAL BUREAU OF INVESTIGATION.

    There are authorized to be appropriated for the Technical Support 
Center established in section 811 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132) to help meet the demands 
for activities to combat terrorism and support and enhance the 
technical support and tactical operations of the FBI, $200,000,000 for 
each of the fiscal years 2002, 2003, and 2004.

SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE PROHIBITION IN 
              CERTAIN EMERGENCIES.

    Section 2332e of title 18, United States Code, is amended--
            (1) by striking ``2332c'' and inserting ``2332a''; and
            (2) by striking ``chemical''.

SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE INITIATIVE.

    The Director of the United States Secret Service shall take 
appropriate actions to develop a national network of electronic crime 
task forces, based on the New York Electronic Crimes Task Force model, 
throughout the United States, for the purpose of preventing, detecting, 
and investigating various forms of electronic crimes, including 
potential terrorist attacks against critical infrastructure and 
financial payment systems.

SEC. 106. PRESIDENTIAL AUTHORITY.

    Section 203 of the International Emergency Powers Act (50 U.S.C. 
1702) is amended--
            (1) in subsection (a)(1)--
                    (A) at the end of subparagraph (A) (flush to that 
                subparagraph), by striking ``; and'' and inserting a 
                comma and the following:
        ``by any person, or with respect to any property, subject to 
        the jurisdiction of the United States;'';
                    (B) in subparagraph (B)--
                            (i) by inserting ``, block during the 
                        pendency of an investigation'' after 
                        ``investigate''; and
                            (ii) by striking ``interest;'' and 
                        inserting ``interest by any person, or with 
                        respect to any property, subject to the 
                        jurisdiction of the United States; and'';
                    (C) by striking ``by any person, or with respect to 
                any property, subject to the jurisdiction of the United 
                States`; and
                    (D) by inserting at the end the following:
                    ``(C) when the United States is engaged in armed 
                hostilities or has been attacked by a foreign country 
                or foreign nationals, confiscate any property, subject 
                to the jurisdiction of the United States, of any 
                foreign person, foreign organization, or foreign 
                country that he determines has planned, authorized, 
                aided, or engaged in such hostilities or attacks 
                against the United States; and 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, and 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, and such 
                designated agency or person may perform any and all 
                acts incident to the accomplishment or furtherance of 
                these purposes.''; and
            (2) by inserting at the end the following:
    ``(c) Classified Information.--In any judicial review of a 
determination made under this section, if the determination was based 
on classified information (as defined in section 1(a) of the Classified 
Information Procedures Act) such information may be submitted to the 
reviewing court ex parte and in camera. This subsection does not confer 
or imply any right to judicial review.''.

               TITLE II--ENHANCED SURVEILLANCE PROCEDURES

SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC 
              COMMUNICATIONS RELATING TO TERRORISM.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by redesignating paragraph (p), as so redesignated by 
        section 434(2) of the Antiterrorism and Effective Death Penalty 
        Act of 1996 (Public Law 104-132; 110 Stat. 1274), as paragraph 
        (r); and
            (2) by inserting after paragraph (p), as so redesignated by 
        section 201(3) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208; 
        110 Stat. 3009-565), the following new paragraph:
    ``(q) any criminal violation of section 229 (relating to chemical 
weapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of 
this title (relating to terrorism); or''.

SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC 
              COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE 
              OFFENSES.

    Section 2516(1)(c) of title 18, United States Code, is amended by 
striking ``and section 1341 (relating to mail fraud),'' and inserting 
``section 1341 (relating to mail fraud), a felony violation of section 
1030 (relating to computer fraud and abuse),''.

SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.

    (a) Authority to Share Grand Jury Information.--
            (1) In general.--Rule 6(e)(3)(C) of the Federal Rules of 
        Criminal Procedure is amended--
                    (A) in clause (iii), by striking ``or'' at the end;
                    (B) in clause (iv), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting at the end the following:
                            ``(v) when the matters involve foreign 
                        intelligence or counterintelligence (as defined 
                        in section 3 of the National Security Act of 
                        1947 (50 U.S.C. 401a)), or foreign intelligence 
                        information (as defined in Rule 
                        6(e)(3)(C)(ii)), to any other Federal law 
                        enforcement, intelligence, protective, 
                        immigration, national defense, or national 
                        security official in order to assist the 
                        official receiving that information in the 
                        performance of his official duties. Within a 
                        reasonable time after such disclosure, an 
                        attorney for the government shall file under 
                        seal a notice with the court stating the fact 
                        that such information was disclosed and the 
                        departments, agencies, or entities to which the 
                        disclosure was made.
                Any Federal official who receives information pursuant 
                to clause (v) may use that information only as 
                necessary in the conduct of that person's official 
                duties subject to any limitations on the unauthorized 
                disclosure of such information.''.
            (2) Definition.--Rule 6(e)(3)(C) of the Federal Rules of 
        Criminal Procedure, as amended by paragraph (1), is amended 
        by--
                    (A) inserting ``(i)'' after ``(C)'';
                    (B) redesignating clauses (i) through (v) as 
                subclauses (I) through (V), respectively; and
                    (C) inserting at the end the following:
                    ``(ii) In this subparagraph, the term `foreign 
                intelligence information' means--
                            ``(I) information, whether or not 
                        concerning a United States person, that relates 
                        to the ability of the United States to protect 
                        against--
                                    ``(aa) actual or potential attack 
                                or other grave hostile acts of a 
                                foreign power or an agent of a foreign 
                                power;
                                    ``(bb) sabotage or international 
                                terrorism by a foreign power or an 
                                agent of a foreign power; or
                                    ``(cc) clandestine intelligence 
                                activities by an intelligence service 
                                or network of a foreign power or by an 
                                agent of a foreign power; or
                            ``(II) information, whether or not 
                        concerning a United States person, with respect 
                        to a foreign power or foreign territory that 
                        relates to--
                                    ``(aa) the national defense or the 
                                security of the United States; or
                                    ``(bb) the conduct of the foreign 
                                affairs of the United States.''.
    (b) Authority To Share Electronic, Wire, and Oral Interception 
Information.--
            (1) Law enforcement.--Section 2517 of title 18, United 
        States Code, is amended by inserting at the end the following:
    ``(6) Any investigative or law enforcement officer, or attorney for 
the Government, who by any means authorized by this chapter, has 
obtained knowledge of the contents of any wire, oral, or electronic 
communication, or evidence derived therefrom, may disclose such 
contents to any other Federal law enforcement, intelligence, 
protective, immigration, national defense, or national security 
official to the extent that such contents include foreign intelligence 
or counterintelligence (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence 
information (as defined in subsection (19) of section 2510 of this 
title), to assist the official who is to receive that information in 
the performance of his official duties. Any Federal official who 
receives information pursuant to this provision may use that 
information only as necessary in the conduct of that person's official 
duties subject to any limitations on the unauthorized disclosure of 
such information.''.
            (2) Definition.--Section 2510 of title 18, United States 
        Code, is amended by--
                    (A) in paragraph (17), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (18), by striking the period and 
                inserting ``; and''; and
                    (C) by inserting at the end the following:
            ``(19) `foreign intelligence information' means--
                    ``(A) information, whether or not concerning a 
                United States person, that relates to the ability of 
                the United States to protect against--
                            ``(i) actual or potential attack or other 
                        grave hostile acts of a foreign power or an 
                        agent of a foreign power;
                            ``(ii) sabotage or international terrorism 
                        by a foreign power or an agent of a foreign 
                        power; or
                            ``(iii) clandestine intelligence activities 
                        by an intelligence service or network of a 
                        foreign power or by an agent of a foreign 
                        power; or
                    ``(B) information, whether or not concerning a 
                United States person, with respect to a foreign power 
                or foreign territory that relates to--
                            ``(i) the national defense or the security 
                        of the United States; or
                            ``(ii) the conduct of the foreign affairs 
                        of the United States.''.
    (c) Procedures.--The Attorney General shall establish procedures 
for the disclosure of information pursuant to section 2517(6) and Rule 
6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure that 
identifies a United States person, as defined in section 101 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).
    (d) Foreign Intelligence Information.--
            (1) In general.--Notwithstanding any other provision of 
        law, it shall be lawful for foreign intelligence or 
        counterintelligence (as defined in section 3 of the National 
        Security Act of 1947 (50 U.S.C. 401a)) or foreign intelligence 
        information obtained as part of a criminal investigation to be 
        disclosed to any Federal law enforcement, intelligence, 
        protective, immigration, national defense, or national security 
        official in order to assist the official receiving that 
        information in the performance of his official duties. Any 
        Federal official who receives information pursuant to this 
        provision may use that information only as necessary in the 
        conduct of that person's official duties subject to any 
        limitations on the unauthorized disclosure of such information.
            (2) Definition.--In this subsection, the term ``foreign 
        intelligence information'' means--
                    (A) information, whether or not concerning a United 
                States person, that relates to the ability of the 
                United States to protect against--
                            (i) actual or potential attack or other 
                        grave hostile acts of a foreign power or an 
                        agent of a foreign power;
                            (ii) sabotage or international terrorism by 
                        a foreign power or an agent of a foreign power; 
                        or
                            (iii) clandestine intelligence activities 
                        by an intelligence service or network of a 
                        foreign power or by an agent of a foreign 
                        power; or
                    (B) information, whether or not concerning a United 
                States person, with respect to a foreign power or 
                foreign territory that relates to--
                            (i) the national defense or the security of 
                        the United States; or
                            (ii) the conduct of the foreign affairs of 
                        the United States.

SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM LIMITATIONS ON 
              INTERCEPTION AND DISCLOSURE OF WIRE, ORAL, AND ELECTRONIC 
              COMMUNICATIONS.

    Section 2511(2)(f) of title 18, United States Code, is amended--
            (1) by striking ``this chapter or chapter 121'' and 
        inserting ``this chapter or chapter 121 or 206 of this title''; 
        and
            (2) by striking ``wire and oral'' and inserting ``wire, 
        oral, and electronic''.

SEC. 205. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) Authority.--The Director of the Federal Bureau of Investigation 
is authorized to expedite the employment of personnel as translators to 
support counterterrorism investigations and operations without regard 
to applicable Federal personnel requirements and limitations.
    (b) Security Requirements.--The Director of the Federal Bureau of 
Investigation shall establish such security requirements as are 
necessary for the personnel employed as translators under subsection 
(a).
    (c) Report.--The Attorney General shall report to the Committees on 
the Judiciary of the House of Representatives and the Senate on--
            (1) the number of translators employed by the FBI and other 
        components of the Department of Justice;
            (2) any legal or practical impediments to using translators 
        employed by other Federal, State, or local agencies, on a full, 
        part-time, or shared basis; and
            (3) the needs of the FBI for specific translation services 
        in certain languages, and recommendations for meeting those 
        needs.

SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    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 application may have the effect of thwarting the identification of 
a specified person, such other persons,'' after ``specified person''.

SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS 
              WHO ARE AGENTS OF A FOREIGN POWER.

    (a) Duration .--
            (1) Surveillance.--Section 105(e)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is 
        amended by--
                    (A) inserting ``(A)'' after ``except that''; and
                    (B) inserting before the period the following: ``, 
                and (B) an order under this Act for a surveillance 
                targeted against an agent of a foreign power, as 
                defined in section 101(b)(1)(A) may be for the period 
                specified in the application or for 120 days, whichever 
                is less''.
    (2) Physical Search.--Section 304(d)(1) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended by--
            (A) striking ``forty-five'' and inserting ``90'';
            (B) inserting ``(A)'' after ``except that''; and
            (C) inserting before the period the following: ``, and (B) 
        an order under this section for a physical search targeted 
        against an agent of a foreign power as defined in section 
        101(b)(1)(A) may be for the period specified in the application 
        or for 120 days, whichever is less''.
    (b) Extension.--
            (1) In general.--Section 105(d)(2) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is 
        amended by--
                    (A) inserting ``(A)'' after ``except that''; and
                    (B) inserting before the period the following: ``, 
                and (B) an extension of an order under this Act for a 
                surveillance targeted against an agent of a foreign 
                power as defined in section 101(b)(1)(A) may be for a 
                period not to exceed 1 year''.
            (2) Defined term.--Section 304(d)(2) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2) is 
        amended by inserting after ``not a United States person,'' the 
        following: ``or against an agent of a foreign power as defined 
        in section 101(b)(1)(A),''.

SEC. 208. DESIGNATION OF JUDGES.

    Section 103(a) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(a)) is amended by--
            (1) striking ``seven district court judges'' and inserting 
        ``11 district court judges''; and
            (2) inserting ``of whom no fewer than 3 shall reside within 
        20 miles of the District of Columbia'' after ``circuits''.

SEC. 209. 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 beginning with 
                ``and such'' and all that follows through 
                ``communication''; and
                    (B) in paragraph (14), by inserting ``wire or'' 
                after ``transmission of''; and
            (2) in subsections (a) and (b) of section 2703--
                    (A) by striking ``Contents of electronic'' and 
                inserting ``Contents of wire or electronic'' each place 
                it appears;
                    (B) by striking ``contents of an electronic'' and 
                inserting ``contents of a wire or electronic'' each 
                place it appears; and
                    (C) by striking ``any electronic'' and inserting 
                ``any wire or electronic'' each place it appears.

SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS.

    Section 2703(c)(2) of title 18, United States Code, as redesignated 
by section 212, 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 
        subscriber'' 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 subscriber''; and
            (2) by striking ``and the types of services the subscriber 
        or customer utilized,''.

SEC. 211. CLARIFICATION OF SCOPE.

    Section 631 of the Communications Act of 1934 (47 U.S.C. 551) is 
amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (B), by striking ``or'';
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by inserting at the end the following:
            ``(D) to a government entity as authorized under chapters 
        119, 121, or 206 of title 18, United States Code, except that 
        such disclosure shall not include records revealing cable 
        subscriber selection of video programming from a cable 
        operator.''; and
            (2) in subsection (h), by striking ``A governmental 
        entity'' and inserting ``Except as provided in subsection 
        (c)(2)(D), a governmental entity''.

SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT 
              LIFE AND LIMB.

    (a) Disclosure of Contents.--
            (1) In general.--Section 2702 of title 18, United States 
        Code, is amended--
                    (A) by striking the section heading and inserting 
                the following:
``Sec. 2702. Voluntary disclosure of customer communications or 
              records'';
                    (B) in subsection (a)--
                            (i) in paragraph (2)(A), by striking 
                        ``and'' at the end;
                            (ii) in paragraph (2)(B), by striking the 
                        period and inserting ``; and''; and
                            (iii) 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.'';
                    (C) in subsection (b), by striking ``Exceptions.--A 
                person or entity'' and inserting ``Exceptions for 
                disclosure of communications.-- A provider described in 
                subsection (a)'';
                    (D) in subsection (b)(6)--
                            (i) in subparagraph (A)(ii), by striking 
                        ``or'';
                            (ii) in subparagraph (B), by striking the 
                        period and inserting ``; or''; and
                            (iii) by adding 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
                    (E) 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.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 121 of title 18, United States Code, is 
        amended by striking the item relating to section 2702 and 
        inserting the following:

``2702. Voluntary disclosure of customer communications or records.''.
    (b) Requirements for Government Access.--
            (1) In general.--Section 2703 of title 18, United States 
        Code, is amended--
                    (A) by striking the section heading and inserting 
                the following:
``Sec. 2703. Required disclosure of customer communications or 
              records'';
                    (B) in subsection (c) by redesignating paragraph 
                (2) as paragraph (3);
                    (C) in subsection (c)(1)--
                            (i) by striking ``(A) Except as provided in 
                        subparagraph (B), a provider of electronic 
                        communication service or remote computing 
                        service may'' and inserting ``A governmental 
                        entity may require a provider of electronic 
                        communication service or remote computing 
                        service to'';
                            (ii) by striking ``covered by subsection 
                        (a) or (b) of this section) to any person other 
                        than a governmental entity.
                    ``(B) A provider of electronic communication 
                service or remote computing service shall disclose 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) or 
                (b) of this section) to a governmental entity'' and 
                inserting ``)'';
                            (iii) by redesignating subparagraph (C) as 
                        paragraph (2);
                            (iv) by redesignating clauses (i), (ii), 
                        (iii), and (iv) as subparagraphs (A), (B), (C), 
                        and (D), respectively;
                            (v) in subparagraph (D) (as redesignated) 
                        by striking the period and inserting ``; or''; 
                        and
                            (vi) by inserting after subparagraph (D) 
                        (as redesignated) the following:
                    ``(E) seeks information under paragraph (2).''; and
                    (D) in paragraph (2) (as redesignated) by striking 
                ``subparagraph (B)'' and insert ``paragraph (1)''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 121 of title 18, United States Code, is 
        amended by striking the item relating to section 2703 and 
        inserting the following:

``2703. Required disclosure of customer communications or records.''.

SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.

    Section 3103a of title 18, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``In 
        addition''; and
            (2) by adding at the end the following:
    ``(b) Delay.--With respect to the issuance of any warrant or court 
order under this section, or any other rule of law, to search for and 
seize any property or material that constitutes evidence of a criminal 
offense in violation of the laws of the United States, any notice 
required, or that may be required, to be given may be delayed if--
            ``(1) the court finds reasonable cause to believe that 
        providing immediate notification of the execution of the 
        warrant may have an adverse result (as defined in section 
        2705);
            ``(2) the warrant prohibits the seizure of any tangible 
        property, any wire or electronic communication (as defined in 
        section 2510), or, except as expressly provided in chapter 121, 
        any stored wire or electronic information, except where the 
        court finds reasonable necessity for the seizure; and
            ``(3) the warrant provides for the giving of such notice 
        within a reasonable period of its execution, which period may 
        thereafter be extended by the court for good cause shown.''.

SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA.

    (a) Applications and Orders.--Section 402 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended--
            (1) in subsection (a)(1), by striking ``for any 
        investigation to gather foreign intelligence information or 
        information concerning international terrorism'' and inserting 
        ``for any investigation to protect against international 
        terrorism or clandestine intelligence activities, provided that 
        such investigation of a United States person is not conducted 
        solely upon the basis of activities protected by the first 
        amendment to the Constitution'';
            (2) by amending subsection (c)(2) to read as follows:
            ``(2) a certification by the applicant that the information 
        likely to be obtained is relevant to an ongoing investigation 
        to protect against international terrorism or clandestine 
        intelligence activities, provided that such investigation of a 
        United States person is not conducted solely upon the basis of 
        activities protected by the first amendment to the 
        Constitution.'';
            (3) by striking subsection (c)(3); and
            (4) by amending subsection (d)(2)(A) to read as follows:
                    ``(A) shall specify--
                            ``(i) the identity, if known, of the person 
                        who is the subject of the investigation;
                            ``(ii) the identity, if known, of the 
                        person to whom is leased or in whose name is 
                        listed the telephone line or other facility to 
                        which the pen register or trap and trace device 
                        is to be attached or applied;
                            ``(iii) the attributes of the 
                        communications to which the order applies, such 
                        as 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 a trap and trace 
                        device, the geographic limits of the trap and 
                        trace order.''.
    (b) Authorization During Emergencies.--Section 403 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
            (1) in subsection (a), by striking ``foreign intelligence 
        information or information concerning international terrorism'' 
        and inserting ``information to protect against international 
        terrorism or clandestine intelligence activities, provided that 
        such investigation of a United States person is not conducted 
        solely upon the basis of activities protected by the first 
        amendment to the Constitution''; and
            (2) in subsection (b)(1), by striking ``foreign 
        intelligence information or information concerning 
        international terrorism'' and inserting ``information to 
        protect against international terrorism or clandestine 
        intelligence activities, provided that such investigation of a 
        United States person is not conducted solely upon the basis of 
        activities protected by the first amendment to the 
        Constitution''.

SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT.

    Title V of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861 et seq.) is amended by striking sections 501 through 503 
and inserting the following:

``SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
              AND INTERNATIONAL TERRORISM INVESTIGATIONS.

    ``(a)(1) 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) for an investigation to protect 
against international terrorism or clandestine intelligence activities, 
provided that such investigation of a United States person is not 
conducted solely upon the basis of activities protected by the first 
amendment to the Constitution.
    ``(2) An investigation conducted under this section shall--
            ``(A) be conducted under guidelines approved by the 
        Attorney General under Executive Order 12333 (or a successor 
        order); and
            ``(B) not be conducted of a United States person solely 
        upon the basis of activities protected by the first amendment 
        to the Constitution of the United States.
    ``(b) Each application under this section--
            ``(1) shall be made to--
                    ``(A) a judge of the court established by section 
                103(a); 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 production of tangible things under this 
                section on behalf of a judge of that court; and
            ``(2) shall specify that the records concerned are sought 
        for an authorized investigation conducted in accordance with 
        subsection (a)(2) to protect against international terrorism or 
        clandestine intelligence activities.
    ``(c)(1) Upon an application made pursuant to this section, the 
judge shall enter an ex parte order as requested, or as modified, 
approving the release of records if the judge finds that the 
application meets 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) No person shall disclose to any other person (other than 
those persons necessary to produce the tangible things under this 
section) that the Federal Bureau of Investigation has sought or 
obtained tangible things under this section.
    ``(e) A person who, in good faith, produces tangible things under 
an order 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.

``SEC. 502. CONGRESSIONAL OVERSIGHT.

    ``(a) On a semiannual basis, the Attorney General shall fully 
inform the Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the Senate 
concerning all requests for the production of tangible things under 
section 402.
    ``(b) On a semiannual basis, the Attorney General shall provide to 
the Committees on the Judiciary of the House of Representatives and the 
Senate a report setting forth with respect to the preceding 6-month 
period--
            ``(1) the total number of applications made for orders 
        approving requests for the production of tangible things under 
        section 402; and
            ``(2) the total number of such orders either granted, 
        modified, or denied.''.

SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS 
              AND TRAP AND TRACE DEVICES.

    (a) General Limitations.--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 or electronic 
        communications so as not to include the contents of any wire or 
        electronic communications''.
    (b) Issuance of Orders.--
            (1) In general.--Section 3123(a) of title 18, United States 
        Code, is amended to read as follows:
    ``(a) In General.--
            ``(1) Attorney for the government.--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, upon service of that order, 
        shall 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. Whenever 
        such an order is served on any person or entity not 
        specifically named in the order, upon request of such person or 
        entity, the attorney for the Government or law enforcement or 
        investigative officer that is serving the order shall provide 
        written or electronic certification that the order applies to 
        the person or entity being served.
            ``(2) State investigative or law enforcement officer.--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.
            ``(3)(A) Where the law enforcement agency implementing an 
        ex parte order under this subsection seeks to do so by 
        installing and using its own pen register or trap and trace 
        device on a packet-switched data network of a provider of 
        electronic communication service to the public, the agency 
        shall ensure that a record will be maintained which will 
        identify--
                    ``(i) any officer or officers who installed the 
                device and any officer or officers who accessed the 
                device to obtain information from the network;
                    ``(ii) the date and time the device was installed, 
                the date and time the device was uninstalled, and the 
                date, time, and duration of each time the device is 
                accessed to obtain information;
                    ``(iii) the configuration of the device at the time 
                of its installation and any subsequent modification 
                thereof; and
                    ``(iv) any information which has been collected by 
                the device.
        To the extent that the pen register or trap and trace device 
        can be set automatically to record this information 
        electronically, the record shall be maintained electronically 
        throughout the installation and use of such device.
            ``(B) The record maintained under subparagraph (A) shall be 
        provided ex parte and under seal to the court which entered the 
        ex parte order authorizing the installation and use of the 
        device within 30 days after termination of the order (including 
        any extensions thereof).''.
            (2) Contents of order.--Section 3123(b)(1) 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.--Section 3123(d)(2) 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.--Section 3127(2) 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.--Section 3127(3) 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, provided, however, that such information 
                shall not include the contents of any communication''; 
                and
                    (B) by inserting ``or process'' after ``device'' 
                each place it appears.
            (3) Trap and trace device.--Section 3127(4) of title 18, 
        United States Code, is amended--
                    (A) by striking ``of an instrument'' and all that 
                follows through the semicolon and inserting ``or other 
                dialing, routing, addressing, and signaling information 
                reasonably likely to identify the source of a wire or 
                electronic communication, provided, however, that such 
                information shall not include the contents of any 
                communication;''; and
                    (B) by inserting ``or process'' after ``a device''.
            (4) Conforming amendment.--Section 3127(1) of title 18, 
        United States Code, is amended--
                    (A) by striking ``and''; and
                    (B) by inserting ``, and `contents''' after 
                ``electronic communication service''.
            (5) Technical amendment.--Section 3124(d) of title 18, 
        United States Code, is amended by striking ``the terms of''.

SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.

    Chapter 119 of title 18, United States Code, is amended--
            (1) in section 2510--
                    (A) in paragraph (18), by striking ``and'' at the 
                end;
                    (B) in paragraph (19), by striking the period and 
                inserting a semicolon; and
                    (C) by inserting after paragraph (19) the 
                following:
            ``(20) `protected computer' has the meaning set forth in 
        section 1030; and
            ``(21) `computer trespasser'--
                    ``(A) 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; and
                    ``(B) does not include a person known by the owner 
                or operator of the protected computer to have an 
                existing contractual relationship with the owner or 
                operator of the protected computer for access to all or 
                part of the protected computer.''; and
            (2) in section 2511(2), by inserting at the end 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 transmitted to, through, or 
from the protected computer, 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.''.

SEC. 218. FOREIGN INTELLIGENCE INFORMATION.

    Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C. 
1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence 
Surveillance Act of 1978 are each amended by striking ``the purpose'' 
and inserting ``a significant purpose''.

SEC. 219. 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. 220. 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'' every 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 inserting at the end the following:
            ``(3) the term `court of competent jurisdiction' has the 
        meaning assigned by section 3127, and includes any Federal 
        court within that definition, without geographic limitation.''.

SEC. 221. TRADE SANCTIONS.

    (a) In general.--The Trade Sanctions Reform and Export Enhancement 
Act of 2000 (Public Law 106-387; 114 Stat. 1549A-67) is amended--
            (1) by amending section 904(2)(C) to read as follows:
                    ``(C) used to facilitate the design, development, 
                or production of chemical or biological weapons, 
                missiles, or weapons of mass destruction.'';
            (2) in section 906(a)(1)--
                    (A) by inserting ``, the Taliban or the territory 
                of Afghanistan controlled by the Taliban,'' after 
                ``Cuba''; and
                    (B) by inserting ``, or in the territory of 
                Afghanistan controlled by the Taliban,'' after ``within 
                such country''; and
            (3) in section 906(a)(2), by inserting ``, or to any other 
        entity in Syria or North Korea'' after ``Korea''.
    (b) Application of the Trade Sanctions Reform and Export 
Enhancement Act.--Nothing in the Trade Sanctions Reform and Export 
Enhancement Act of 2000 shall limit the application or scope of any law 
establishing criminal or civil penalties, including any executive order 
or regulation promulgated pursuant to such laws (or similar or 
successor laws), for the unlawful export of any agricultural commodity, 
medicine, or medical device to--
            (1) a foreign organization, group, or person designated 
        pursuant to Executive Order 12947 of June 25, 1995;
            (2) a Foreign Terrorist Organization pursuant to the 
        Antiterrorism and Effective Death Penalty Act of 1996 (Public 
        Law 104-132);
            (3) a foreign organization, group, or person designated 
        pursuant to Executive Order 13224 (September 23, 2001);
            (4) any narcotics trafficking entity designated pursuant to 
        Executive Order 12978 (October 21, 1995) or the Foreign 
        Narcotics Kingpin Designation Act (Public Law 106-120); or
            (5) any foreign organization, group, or persons subject to 
        any restriction for its involvement in weapons of mass 
        destruction or missile proliferation.

SEC. 222. ASSISTANCE TO LAW ENFORCEMENT AGENCIES.

    Nothing in this Act shall impose any additional technical 
obligation or requirement on a provider of a wire or electronic 
communication service or other person to furnish facilities or 
technical assistance. A provider of a wire or electronic communication 
service, landlord, custodian, or other person who furnishes facilities 
or technical assistance pursuant to section 216 shall be reasonably 
compensated for such reasonable expenditures incurred in providing such 
facilities or assistance.

SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.

    (a) Section 2520 of title 18, United States Code, is amended--
            (1) in subsection (a), after ``entity'', by inserting ``, 
        other than the United States,'';
            (2) by adding at the end the following:
    ``(f) Administrative Discipline.--If a court determines that the 
United States or any of its departments or agencies has violated any 
provision of this chapter, and the court finds that the circumstances 
surrounding the violation raise serious questions about whether or not 
an officer or employee of the United States acted willfully or 
intentionally with respect to the possible violation, the department or 
agency shall promptly initiate a proceeding to determine whether 
disciplinary action against the officer or employee is warranted. If 
the head of the department or agency involved determines that 
disciplinary action is not warranted, he or she shall notify the 
Inspector General with jurisdiction over the department or agency 
concerned and shall provide the Inspector General with the reasons for 
such determination.''; and
            (3) by adding a new subsection (g), as follows:
    ``(g) Improper Disclosure Is Violation.--Any willful disclosure or 
use by an investigative or law enforcement officer or governmental 
entity of information beyond the extent permitted by section 2517 is a 
violation of this chapter for purposes of section 2520(a).
    (b) Section 2707 of title 18, United States Code, is amended--
            (1) in subsection (a), after ``entity'', by inserting ``, 
        other than the United States,'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Administrative Discipline.--If a court determines that the 
United States or any of its departments or agencies has violated any 
provision of this chapter, and the court finds that the circumstances 
surrounding the violation raise serious questions about whether or not 
an officer or employee of the United States acted willfully or 
intentionally with respect to the possible violation, the department or 
agency shall promptly initiate a proceeding to determine whether 
disciplinary action against the officer or employee is warranted. If 
the head of the department or agency involved determines that 
disciplinary action is not warranted, he or she shall notify the 
Inspector General with jurisdiction over the department or agency 
concerned and shall provide the Inspector General with the reasons for 
such determination.''; and
            (3) by adding a new subsection (g), as follows:
    ``(g) Improper Disclosure.--Any willful disclosure of a `record', 
as that term is defined in section 552a(a) of title 5, United States 
Code, obtained by an investigative or law enforcement officer, or a 
governmental entity, pursuant to section 2703 of this title, or from a 
device installed pursuant to section 3123 or 3125 of this title, that 
is not a disclosure made in the proper performance of the official 
duties of the officer or governmental entity making the disclosure, is 
a violation of this chapter. This provision shall not apply to 
information previously lawfully disclosed to the public by a Federal, 
State, or local governmental entity.''.
    (c)(1) Chapter 121 of title 18, United States Code, is amended by 
adding at the end the following:
``Sec. 2712. Civil actions against the United States
    ``(a) In General.--Any person who is aggrieved by any violation of 
this chapter or of chapter 119 of this title or of sections 106(a), 
305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) may commence an action in United States 
District Court against the United States to recover money damages. In 
any such action, if a person who is aggrieved successfully establishes 
a violation of this chapter or of chapter 119 of this title or of the 
above specific provisions of title 50, the Court may assess as 
damages--
            ``(1) actual damages, but not less than $10,000, whichever 
        amount is greater; and
            ``(2) litigation costs, reasonably incurred.
    ``(b) Procedures.--(1) Any action against the United States under 
this section may be commenced only after a claim is presented to the 
appropriate department or agency under the procedures of the Federal 
Tort Claims Act, as set forth in title 28, United States Code.
    ``(2) Any action against the United States under this section shall 
be commenced within the time period set forth in section 2401(b) of 
title 28, United States Code. The claim shall accrue on the date upon 
which the claimant first discovers the violation.
    ``(3) Any action under this section shall be tried to the court 
without a jury.
    ``(4) Notwithstanding any other provision of law, the procedures 
set forth in section 106(f), 305(g), or 405(f) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be 
the exclusive means by which materials governed by those sections may 
be reviewed.
    ``(5) An amount equal to any award against the United States under 
this section shall be reimbursed by the department or agency concerned 
to the fund described in section 1304 of title 31, United States Code, 
out of any appropriation, fund, or other account (excluding any part of 
such appropriation, fund, or account that is available for the 
enforcement of any Federal law) that is available for the operating 
expenses of the department or agency concerned.
    ``(c) Administrative Discipline.--If a court determines that the 
United States or any of its departments or agencies has violated any 
provision of this chapter, and the court finds that the circumstances 
surrounding the violation raise serious questions about whether or not 
an officer or employee of the United States acted willfully or 
intentionally with respect to the possible violation, the department or 
agency shall promptly initiate a proceeding to determine whether 
disciplinary action against the officer or employee is warranted. If 
the head of the department or agency involved determines that 
disciplinary action is not warranted, he or she shall notify the 
Inspector General with jurisdiction over the department or agency 
concerned and shall provide the Inspector General with the reasons for 
such determination.
    ``(d) Exclusive Remedy.--Any action against the United States under 
this subsection shall be the exclusive remedy against the United States 
for any claims within the purview of this section.''.
    (2) The table of sections at the beginning of chapter 121 is 
amended to read as follows:

``2712. Civil action against the United States.''.

SEC. 224. SUNSET.

    (a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title (other than sections 203(a), 
203(c), 205, 208, 211, 213, 219, 221, and 222, and the amendments made 
by those sections) shall cease to have effect on December 31, 2004.
    (b) Exceptions.--(1) If the President notifies the Congress before 
December 31, 2004 that it is in the national interest that these 
provisions remain in effect, these provisions shall remain in effect 
until December 31, 2006 and cease to have effect on that date.
    (2) With respect to any investigation that began before the date on 
which these provisions cease to have effect, these provisions shall 
continue in effect.

                  TITLE III--FINANCIAL INFRASTRUCTURE

SEC. 301. LAUNDERING THE PROCEEDS OF TERRORISM.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``or 2339B'' after ``2339A''.

SEC. 302. EXTRATERRITORIAL JURISDICTION.

    Section 1029 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) Any person who, outside the jurisdiction of the United 
States, engages in any act that, if committed within the jurisdiction 
of the United States, would constitute an offense under subsection (a) 
or (b) of this section, shall be subject to the fines, penalties, 
imprisonment, and forfeiture provided in this title if--
            ``(1) the offense involves an access device issued, owned, 
        managed, or controlled by a financial institution, account 
        issuer, credit card system member, or other entity within the 
        jurisdiction of the United States; and
            ``(2) the person transports, delivers, conveys, transfers 
        to or through, or otherwise stores, secrets, or holds within 
        the jurisdiction of the United States, any article used to 
        assist in the commission of the offense or the proceeds of such 
        offense or property derived therefrom.''.

                    TITLE IV--PROTECTING THE BORDER

               Subtitle A--Protecting the Northern Border

SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN BORDER.

    The Attorney General is authorized to waive any FTE cap on 
personnel assigned to the Immigration and Naturalization Service to 
address the national security needs of the United States on the 
Northern border.

SEC. 402. NORTHERN BORDER PERSONNEL.

    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), and the necessary personnel and facilities to 
        support such personnel, in each State along the Northern 
        Border;
            (2) such sums as may be necessary to triple the number of 
        Customs Service personnel (from the number authorized under 
        current law), and the necessary personnel and facilities to 
        support such personnel, at ports of entry in each State along 
        the Northern Border;
            (3) such sums as may be necessary to triple the number of 
        INS inspectors (from the number authorized on the date of the 
        enactment of this Act), and the necessary personnel and 
        facilities to support such personnel, at ports of entry in each 
        State along the Northern Border; and
            (4) an additional $50,000,000 each to the Immigration and 
        Naturalization Service and the United States Customs Service 
        for purposes of making improvements in technology for 
        monitoring the Northern Border and acquiring additional 
        equipment at the Northern Border.

SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN 
              IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS 
              OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE 
              UNITED STATES.

    (a) Amendment of the Immigration and Nationality Act.--Section 105 
of the Immigration and Nationality Act (8 U.S.C. 1105) is amended--
            (1) in the section heading, by inserting ``; data 
        exchange'' after ``security officers'';
            (2) by inserting ``(a)'' after ``Sec. 105.'';
            (3) in subsection (a), by inserting ``and border'' after 
        ``internal'' the second place it appears; and
            (4) by adding at the end the following:
    ``(b)(1) The Attorney General and the Director of the Federal 
Bureau of Investigation shall provide the Department of State and the 
Service access to the criminal history record information contained in 
the National Crime Information Center's Interstate Identification Index 
(NCIC-III), Wanted Persons File, and to any other files maintained by 
the National Crime Information Center that may be mutually agreed upon 
by the Attorney General and the agency receiving the access, for the 
purpose of determining whether or not a visa applicant or applicant for 
admission has a criminal history record indexed in any such file.
    ``(2) Such access shall be provided by means of extracts of the 
records for placement in the automated visa lookout or other 
appropriate database, and shall be provided without any fee or charge.
    ``(3) The Federal Bureau of Investigation shall provide periodic 
updates of the extracts at intervals mutually agreed upon with the 
agency receiving the access. Upon receipt of such updated extracts, the 
receiving agency shall make corresponding updates to its database and 
destroy previously provided extracts.
    ``(4) Access to an extract does not entitle the Department 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 Department of State shall submit the applicant's 
fingerprints and any appropriate fingerprint processing fee authorized 
by law to the Criminal Justice Information Services Division of the 
Federal Bureau of Investigation.
    ``(c) The provision of the extracts described in subsection (b) may 
be reconsidered by the Attorney General and the receiving agency upon 
the development and deployment of a more cost-effective and efficient 
means of sharing the information.
    ``(d) For purposes of administering this section, the Department of 
State shall, prior to receiving access to NCIC data but not later than 
4 months after the date of enactment of this subsection, promulgate 
final regulations--
            ``(1) to implement procedures for the taking of 
        fingerprints; and
            ``(2) to establish the conditions for the use of the 
        information received from the Federal Bureau of Investigation, 
        in order--
                    ``(A) to limit the redissemination of such 
                information;
                    ``(B) to ensure that such information is used 
                solely to determine whether or not to issue a visa to 
                an alien or to admit an alien to the United States;
                    ``(C) to ensure the security, confidentiality, and 
                destruction of such information; and
                    ``(D) to protect any privacy rights of individuals 
                who are subjects of such information.''.
    (b) Reporting Requirement.--Not later than 2 years after the date 
of enactment of this Act, the Attorney General and the Secretary of 
State jointly shall report to Congress on the implementation of the 
amendments made by this section.
    (c) Technology Standard to Confirm Identity.--
            (1) In General.--The Attorney General and the Secretary of 
        State jointly, through the National Institute of Standards and 
        Technology (NIST), and in consultation with the Secretary of 
        the Treasury and other Federal law enforcement and intelligence 
        agencies the Attorney General or Secretary of State deems 
        appropriate, shall within 2 years after the date of the 
        enactment of this section, develop and certify a technology 
        standard that can confirm the identity of a person applying for 
        a United States visa or such person seeking to enter the United 
        States pursuant to a visa.
            (2) Integrated.--The technology standard developed pursuant 
        to paragraph (1), shall be the technological basis for a cross-
        agency, cross-platform electronic system that is a cost-
        effective, efficient, fully integrated means to share law 
        enforcement and intelligence information necessary to confirm 
        the identity of such persons applying for a United States visa 
        or such person seeking to enter the United States pursuant to a 
        visa.
            (3) Accessible.--The electronic system described in 
        paragraph (2), once implemented, shall be readily and easily 
        accessible to--
                    (A) all consular officers responsible for the 
                issuance of visas;
                    (B) all Federal inspection agents at all United 
                States border inspection points; and
                    (C) all law enforcement and intelligence officers 
                as determined by regulation to be responsible for 
                investigation or identification of aliens admitted to 
                the United States pursuant to a visa.
            (4) Report.--Not later than 18 months after the date of the 
        enactment of this Act, and every 2 years thereafter, the 
        Attorney General and the Secretary of State shall jointly, in 
        consultation with the Secretary of Treasury, report to Congress 
        describing the development, implementation and efficacy of the 
        technology standard and electronic database system described in 
        this subsection.
    (d) Statutory Construction.--Nothing in this section, or in any 
other law, shall be construed to limit the authority of the Attorney 
General or the Director of the Federal Bureau of Investigation to 
provide access to the criminal history record information contained in 
the National Crime Information Center's (NCIC) Interstate 
Identification Index (NCIC-III), or to any other information maintained 
by the NCIC, 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 the National Crime Prevention and Privacy Compact Act of 1998 
(subtitle A of title II of Public Law 105-251; 42 U.S.C. 14611-16) and 
section 552a of title 5, United States Code.

SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.

    The matter under the headings ``Immigration And Naturalization 
Service: Salaries and Expenses, Enforcement And Border Affairs'' and 
``Immigration And Naturalization Service: Salaries and Expenses, 
Citizenship And Benefits, Immigration And Program Direction'' in the 
Department of Justice Appropriations Act, 2001 (as enacted into law by 
Appendix B (H.R. 5548) of Public Law 106-553 (114 Stat. 2762A-58 to 
2762A-59)) is amended by striking the following each place it occurs: 
``Provided, That none of the funds available to the Immigration and 
Naturalization Service shall be available to pay any employee overtime 
pay in an amount in excess of $30,000 during the calendar year 
beginning January 1, 2001:''.

SEC. 405. REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION 
              SYSTEM FOR POINTS OF ENTRY AND OVERSEAS CONSULAR POSTS.

    (a) In General.--The Attorney General, in consultation with the 
appropriate heads of other Federal agencies, including the Secretary of 
State, Secretary of the Treasury, and the Secretary of Transportation, 
shall report to Congress on the feasibility of enhancing the Integrated 
Automated Fingerprint Identification System (IAFIS) of the Federal 
Bureau of Investigation and other identification systems in order to 
better identify a person who holds a foreign passport or a visa and may 
be wanted in connection with a criminal investigation in the United 
States or abroad, before the issuance of a visa to that person or the 
entry or exit by that person from the United States.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated not less than $2,000,000 to carry out this section.

              Subtitle B--Enhanced Immigration Provisions

SEC. 411. DEFINITIONS RELATING TO TERRORISM.

    (a) Grounds of Inadmissibility.--Section 212(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (i)--
                            (i) by amending subclause (IV) to read as 
                        follows:
                                    ``(IV) is a representative (as 
                                defined in clause (v)) of--
                                            ``(aa) a foreign terrorist 
                                        organization, as designated by 
                                        the Secretary of State under 
                                        section 219, or
                                            ``(bb) a political, social 
                                        or other similar group whose 
                                        public endorsement of acts of 
                                        terrorist activity the 
                                        Secretary of State has 
                                        determined undermines United 
                                        States efforts to reduce or 
                                        eliminate terrorist 
                                        activities,'';
                            (ii) in subclause (V), by inserting ``or'' 
                        after ``section 219,''; and
                            (iii) by adding at the end the following 
                        new subclauses:
                                    ``(VI) has used the alien's 
                                position of prominence within any 
                                country 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 United States efforts to 
                                reduce or eliminate terrorist 
                                activities, or
                                    ``(VII) is the spouse or child of 
                                an alien who is inadmissible under this 
                                section, if the activity causing the 
                                alien to be found inadmissible occurred 
                                within the last 5 years,'';
                    (B) by redesignating clauses (ii), (iii), and (iv) 
                as clauses (iii), (iv), and (v), respectively;
                    (C) in clause (i)(II), by striking ``clause (iii)'' 
                and inserting ``clause (iv)'';
                    (D) by inserting after clause (i) the following:
                            ``(ii) Exception.--Subclause (VII) of 
                        clause (i) does not apply to a spouse or 
                        child--
                                    ``(I) who did not know or should 
                                not reasonably have known of the 
                                activity causing the alien to be found 
                                inadmissible under this section; or
                                    ``(II) whom the consular officer or 
                                Attorney General has reasonable grounds 
                                to believe has renounced the activity 
                                causing the alien to be found 
                                inadmissible under this section.'';
                    (E) in clause (iii) (as redesignated by 
                subparagraph (B))--
                            (i) by inserting ``it had been'' before 
                        ``committed in the United States''; and
                            (ii) in subclause (V)(b), by striking ``or 
                        firearm'' and inserting ``, firearm, or other 
                        weapon or dangerous device'';
                    (F) by amending clause (iv) (as redesignated by 
                subparagraph (B)) to read as follows:
                            ``(iv) Engage in terrorist activity 
                        defined.--As used in this chapter, the term 
                        `engage in terrorist activity' means, in an 
                        individual capacity or as a member of an 
                        organization--
                                    ``(I) to commit or to incite to 
                                commit, under circumstances indicating 
                                an intention to cause death or serious 
                                bodily injury, a terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;
                                    ``(III) to gather information on 
                                potential targets for terrorist 
                                activity;
                                    ``(IV) to solicit funds or other 
                                things of value for--
                                            ``(aa) a terrorist 
                                        activity;
                                            ``(bb) a terrorist 
                                        organization described in 
                                        clauses (vi)(I) or (vi)(II); or
                                            ``(cc) a terrorist 
                                        organization described in 
                                        clause (vi)(III), unless the 
                                        solicitor can demonstrate that 
                                        he did not know, and should not 
                                        reasonably have known, that the 
                                        solicitation would further the 
                                        organization's terrorist 
                                        activity;
                                    ``(V) to solicit any individual--
                                            ``(aa) to engage in conduct 
                                        otherwise described in this 
                                        clause;
                                            ``(bb) for membership in a 
                                        terrorist organization 
                                        described in clauses (vi)(I) or 
                                        (vi)(II); or
                                            ``(cc) for membership in a 
                                        terrorist organization 
                                        described in clause (vi)(III), 
                                        unless the solicitor can 
                                        demonstrate that he did not 
                                        know, and should not reasonably 
                                        have known, that the 
                                        solicitation would further the 
                                        organization's 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, or radiological 
                                weapons), explosives, or training--
                                            ``(aa) for the commission 
                                        of a terrorist activity;
                                            ``(bb) to any individual 
                                        who the actor knows, or 
                                        reasonably should know, has 
                                        committed or plans to commit a 
                                        terrorist activity;
                                            ``(cc) to a terrorist 
                                        organization described in 
                                        clauses (vi)(I) or (vi)(II); or
                                            ``(dd) to a terrorist 
                                        organization described in 
                                        clause (vi)(III), unless the 
                                        actor can demonstrate that he 
                                        did not know, and should not 
                                        reasonably have known, that the 
                                        act would further the 
                                        organization's terrorist 
                                        activity.
                                This clause shall not apply to any 
                                material support the alien afforded to 
                                an organization or individual that has 
                                committed terrorist activity, if the 
                                Secretary of State, after consultation 
                                with the Attorney General, or the 
                                Attorney General, after consultation 
                                with the Secretary of State, concludes 
                                in his sole unreviewable discretion, 
                                that this clause should not apply.''; 
                                and
                    (G) by adding at the end the following new clause:
                            ``(vi) Terrorist organization defined.--As 
                        used in clause (i)(VI) and clause (iv), the 
                        term `terrorist organization' means an 
                        organization--
                                    ``(I) designated under section 219;
                                    ``(II) otherwise designated, upon 
                                publication in the Federal Register, by 
                                the Secretary of State in consultation 
                                with or upon the request of the 
                                Attorney General, as a terrorist 
                                organization, after finding that it 
                                engages in the activities described in 
                                subclause (I), (II), or (III) of clause 
                                (iv), or that it provides material 
                                support to further terrorist activity; 
                                or
                                    ``(III) that is a group of two or 
                                more individuals, whether organized or 
                                not, which engages in the activities 
                                described in subclause (I), (II), or 
                                (III) of clause (iv).''; and
            (2) by adding at the end the following new subparagraph:
                    ``(F) Association with terrorist organizations.--
                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.''.
    (b) Conforming Amendments.--
            (1) Section 237(a)(4)(B) of the Immigration and Nationality 
        Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``section 
        212(a)(3)(B)(iii)'' and inserting ``section 212(a)(3)(B)(iv)''.
            (2) Section 208(b)(2)(A)(v) of the Immigration and 
        Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by 
        striking ``or (IV)'' and inserting ``(IV), or (VI)''.
    (c) Retroactive Application of Amendments.--
            (1) In general.--Except as otherwise provided in this 
        subsection, 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, 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, 
        sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and 
        Nationality Act, as amended by this Act, shall apply to all 
        aliens in exclusion or deportation proceedings on or after the 
        date of the enactment of this Act (except 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 and 
        organizations designated under section 212(a)(3)(B)(vi)(II).--
                    (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)(bb), (V)(bb), or (VI)(cc) 
                of section 212(a)(3)(B)(iv) of such Act (as so amended) 
                with respect to a group at any time when the group was 
                not a terrorist organization designated by the 
                Secretary of State under section 219 of such Act (8 
                U.S.C. 1189) or otherwise designated under section 
                212(a)(3)(B)(vi)(II).
                    (B) Statutory 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)(bb), 
                        (V)(bb), or (VI)(cc) of section 
                        212(a)(3)(B)(iv) of such Act (as so amended) 
                        with respect to a terrorist organization at any 
                        time when such organization was designated by 
                        the Secretary of State under section 219 of 
                        such Act or otherwise designated under section 
                        212(a)(3)(B)(vi)(II); or
                            (ii) described in subclause (IV)(cc), 
                        (V)(cc), or (VI)(dd) of section 
                        212(a)(3)(B)(iv) of such Act (as so amended) 
                        with respect to a terrorist organization 
                        described in section 212(a)(3)(B)(vi)(III).
            (4) Exception.--The Secretary of State, in consultation 
        with the Attorney General, may determine that the amendments 
        made by this section shall not apply with respect to actions by 
        an alien taken outside the United States before the date of the 
        enactment of this Act upon the recommendation of a consular 
        officer who has concluded that there is not reasonable ground 
        to believe that the alien knew or reasonably should have known 
        that the actions would further a terrorist activity.
    (c) 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)(B), by inserting ``or 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 terrorism)'' after ``212(a)(3)(B)'';
            (2) in paragraph (1)(C), by inserting ``or terrorism'' 
        after ``terrorist activity'';
            (3) by amending paragraph (2)(A) to read as follows:
                    ``(A) Notice.--
                            ``(i) To congressional leaders.--Seven days 
                        before making a designation under this 
                        subsection, the Secretary shall, by classified 
                        communication, notify the Speaker and Minority 
                        Leader of the House of Representatives, the 
                        President pro tempore, Majority Leader, and 
                        Minority Leader of the Senate, and the members 
                        of the relevant committees, in writing, of the 
                        intent to designate an organization under this 
                        subsection, together with the findings made 
                        under paragraph (1) with respect to that 
                        organization, and the factual basis therefor.
                            ``(ii) Publication in federal register.--
                        The Secretary shall publish the designation in 
                        the Federal Register seven days after providing 
                        the notification under clause (i).'';
            (4) in paragraph (2)(B)(i), by striking ``subparagraph 
        (A)'' and inserting ``subparagraph (A)(ii)'';
            (5) in paragraph (2)(C), by striking ``paragraph (2)'' and 
        inserting ``paragraph (2)(A)(i)'';
            (6) in paragraph (3)(B), by striking ``subsection (c)'' and 
        inserting ``subsection (b)'';
            (7) in paragraph (4)(B), by inserting after the first 
        sentence the following: ``The Secretary also may redesignate 
        such organization at the end of any 2-year redesignation period 
        (but not sooner than 60 days prior to the termination of such 
        period) for an additional 2-year period upon a finding that the 
        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.'';
            (8) in paragraph (6)(A)--
                    (A) by inserting ``or a redesignation made under 
                paragraph (4)(B)'' after ``paragraph (1)'';
                    (B) in clause (i)--
                            (i) by inserting ``or redesignation'' after 
                        ``designation'' the first place it appears; and
                            (ii) by striking ``of the designation''; 
                        and
                    (C) in clause (ii), by striking ``of the 
                designation'';
            (9) in paragraph (6)(B)--
                    (A) by striking ``through (4)'' and inserting ``and 
                (3)''; and
                    (B) by inserting at the end the following new 
                sentence: ``Any revocation shall take effect on the 
                date specified in the revocation or upon publication in 
                the Federal Register if no effective date is 
                specified.'';
            (10) in paragraph (7), by inserting ``, or the revocation 
        of a redesignation under paragraph (6),'' after ``paragraph (5) 
        or (6)''; and
            (11) in paragraph (8)--
                    (A) by striking ``paragraph (1)(B)'' and inserting 
                ``paragraph (2)(B), or if a 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. 412. 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 paragraphs (5) and 
        (6), the Attorney General shall maintain custody of such an 
        alien until the alien is removed from the United States. Except 
        as provided in paragraph (6), such custody shall be maintained 
        irrespective of any relief from removal for which the alien may 
        be eligible, or any relief from removal granted the alien, 
        until the Attorney General 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.
            ``(6) Limitation on indefinite detention.--An alien 
        detained under paragraph (1) who has not been removed under 
        section 241(a)(1)(A), and whose removal is unlikely in the 
        reasonably foreseeable future, may be detained for additional 
        periods of up to six months if the release of the alien will 
        not protect the national security of the United States or 
        adequately ensure the safety of the community or any person.
    ``(b) Habeas Corpus and Judicial Review.--
            ``(1) In general.--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) or 
        (a)(6)) is available exclusively in habeas corpus proceedings 
        consistent with this subsection. Except as provided in the 
        preceding sentence, no court shall have jurisdiction to review, 
        by habeas corpus petition or otherwise, any such action or 
        decision.
            ``(2) Application.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, including section 2241(a) of title 
                28, United States Code, habeas corpus proceedings 
                described in paragraph (1) may be initiated only by an 
                application filed with--
                            ``(i) the Supreme Court;
                            ``(ii) any justice of the Supreme Court;
                            ``(iii) any circuit judge of the United 
                        States Court of Appeals for the District of 
                        Columbia Circuit; or
                            ``(iv) any district court otherwise having 
                        jurisdiction to entertain it.
                    ``(B) Application transfer.--Section 2241(b) of 
                title 28, United States Code, shall apply to an 
                application for a writ of habeas corpus described in 
                subparagraph (A).
            ``(3) Appeals.--Notwithstanding any other provision of law, 
        including section 2253 of title 28, in habeas corpus 
        proceedings described in paragraph (1) before a circuit or 
        district judge, the final order shall be subject to review, on 
        appeal, by the United States Court of Appeals for the District 
        of Columbia Circuit. There shall be no right of appeal in such 
        proceedings to any other circuit court of appeals.
            ``(4) Rule of decision.--The law applied by the Supreme 
        Court and the United States Court of Appeals for the District 
        of Columbia Circuit shall be regarded as the rule of decision 
        in habeas corpus proceedings described in paragraph (1).
    ``(c) Statutory Construction.--The provisions of this section shall 
not be applicable to any other provision of the Immigration and 
Nationality Act.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 236 the following:

``Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; 
                            judicial review.''.
    (c) Reports.--Not later than 6 months after the date of the 
enactment of this Act, and every 6 months thereafter, the Attorney 
General shall submit a report to the Committee on the Judiciary of the 
House of Representatives and the Committee on the Judiciary of the 
Senate, with respect to the reporting period, on--
            (1) the number of aliens certified under section 236A(a)(3) 
        of the Immigration and Nationality Act, as added by subsection 
        (a);
            (2) the grounds for such certifications;
            (3) the nationalities of the aliens so certified;
            (4) the length of the detention for each alien so 
        certified; and
            (5) the number of aliens so certified who--
                    (A) were granted any form of relief from removal;
                    (B) were removed;
                    (C) the Attorney General has determined are no 
                longer aliens who may be so certified; or
                    (D) were released from detention.

SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.

    Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 
1202(f)) is amended--
            (1) by striking ``except that in the discretion of'' and 
        inserting the following: ``except that--
            ``(1) in the discretion of''; and
            (2) by adding at the end the following:
            ``(2) the Secretary of State, in the Secretary's discretion 
        and on the basis of reciprocity, may provide to a foreign 
        government information in the Department of State's 
        computerized visa lookout database and, when necessary and 
        appropriate, other records covered by this section related to 
        information in the database--
                    ``(A) with regard to individual aliens, at any time 
                on a case-by-case basis for the purpose of preventing, 
                investigating, or punishing acts that would constitute 
                a crime in the United States, including, but not 
                limited to, terrorism or trafficking in controlled 
                substances, persons, or illicit weapons; or
                    ``(B) with regard to any or all aliens in the 
                database, pursuant to such conditions as the Secretary 
                of State shall establish in an agreement with the 
                foreign government in which that government agrees to 
                use such information and records for the purposes 
                described in subparagraph (A) or to deny visas to 
                persons who would be inadmissible to the United 
                States.''.

    Subtitle C--Preservation of Immigration Benefits for Victims of 
                               Terrorism

SEC. 421. SPECIAL IMMIGRANT STATUS.

    (a) In General.--For purposes of the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), the Attorney General may provide an alien 
described in subsection (b) with the status of a special immigrant 
under section 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the 
alien--
            (1) files with the Attorney General a petition under 
        section 204 of such Act (8 U.S.C. 1154) for classification 
        under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
            (2) is otherwise eligible to receive an immigrant visa and 
        is otherwise admissible to the United States for permanent 
        residence, except in determining such admissibility, the 
        grounds for inadmissibility 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. 422. 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.
            (4) Circumstances preventing timely action.--
                    (A) Filing delays.--For purposes of paragraph (1), 
                circumstances preventing an alien from timely acting 
                are--
                            (i) office closures;
                            (ii) mail or courier service cessations or 
                        delays; and
                            (iii) other closures, cessations, or delays 
                        affecting case processing or travel necessary 
                        to satisfy legal requirements.
                    (B) Departure and return delays.--For purposes of 
                paragraphs (2) and (3), circumstances preventing an 
                alien from timely acting are--
                            (i) office closures;
                            (ii) airline flight cessations or delays; 
                        and
                            (iii) other closures, cessations, or delays 
                        affecting case processing or travel necessary 
                        to satisfy legal requirements.
    (c) Diversity Immigrants.--
            (1) Waiver of fiscal year limitation.--Notwithstanding 
        section 203(e)(2) of the 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.
            (4) Circumstances preventing timely action.--For purposes 
        of paragraph (1), circumstances preventing an alien from using 
        an immigrant visa number during fiscal year 2001 are--
                    (A) office closures;
                    (B) mail or courier service cessations or delays;
                    (C) airline flight cessations or delays; and
                    (D) other closures, cessations, or delays affecting 
                case processing or travel necessary to satisfy legal 
                requirements.
    (d) Extension of Expiration of Immigrant Visas.--
            (1) In general.--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 into the United States as a direct 
        result of a specified terrorist activity, then the period of 
        validity of the visa is extended until December 31, 2001, 
        unless a longer period of validity is otherwise provided under 
        this subtitle.
            (2) Circumstances preventing entry.--For purposes of this 
        subsection, circumstances preventing an alien from effecting 
        entry into the United States are--
                    (A) office closures;
                    (B) airline flight cessations or delays; and
                    (C) other closures, cessations, or delays affecting 
                case processing or travel necessary to satisfy legal 
                requirements.
    (e) Grants of Parole Extended.--
            (1) In general.--In the case of any parole granted by the 
        Attorney General under section 212(d)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a date on 
        or after September 11, 2001, if the alien beneficiary of the 
        parole was unable to return to the United States prior to the 
        expiration date as a direct result of a specified terrorist 
        activity, the parole is deemed extended for an additional 90 
        days.
            (2) Circumstances preventing return.--For purposes of this 
        subsection, circumstances preventing an alien from timely 
        returning to the United States are--
                    (A) office closures;
                    (B) airline flight cessations or delays; and
                    (C) other closures, cessations, or delays affecting 
                case processing or travel necessary to satisfy legal 
                requirements.
    (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. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND 
              CHILDREN.

    (a) Treatment as Immediate Relatives.--
            (1) Spouses.--Notwithstanding the second sentence of 
        section 201(b)(2)(A)(i) of the 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. For purposes of such section 204(a)(1)(A)(ii), 
        an alien granted relief under the preceding sentence shall be 
        considered an alien spouse described in the second sentence of 
        section 201(b)(2)(A)(i) of such Act.
            (2) Children.--
                    (A) In general.--In the case of an alien who was 
                the child of a citizen of the United States at the time 
                of the citizen's death, if the citizen died as a direct 
                result of a specified terrorist activity, the alien 
                shall be considered, for purposes of section 201(b) of 
                the Immigration and Nationality Act (8 U.S.C. 1151(b)), 
                to remain an immediate relative after the date of the 
                citizen's death (regardless of changes in age or 
                marital status thereafter), but only if the alien files 
                a petition under subparagraph (B) within 2 years after 
                such date.
                    (B) Petitions.--An alien described in subparagraph 
                (A) may file a petition with the Attorney General for 
                classification of the alien under section 
                201(b)(2)(A)(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, 
                such a petition shall be considered a petition filed 
                under section 204(a)(1)(A) of such Act (8 U.S.C. 
                1154(a)(1)(A)).
    (b) Spouses, Children, Unmarried Sons and Daughters of Lawful 
Permanent Resident Aliens.--
            (1) In general.--Any spouse, child, or 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. 424. ``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. 425. 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. 426. 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. 427. 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. 428. 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 V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

SEC. 501. ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS TO COMBAT 
              TERRORISM.

    (a) Payment of Rewards To Combat Terrorism.--Funds available to the 
Attorney General may be used for the payment of rewards pursuant to 
public advertisements for assistance to the Department of Justice to 
combat terrorism and defend the Nation against terrorist acts, in 
accordance with procedures and regulations established or issued by the 
Attorney General.
    (b) Conditions.--In making rewards under this section--
            (1) no such reward of $250,000 or more may be made or 
        offered without the personal approval of either the Attorney 
        General or the President;
            (2) the Attorney General shall give written notice to the 
        Chairmen and ranking minority members of the Committees on 
        Appropriations and the Judiciary of the Senate and of the House 
        of Representatives not later than 30 days after the approval of 
        a reward under paragraph (1);
            (3) any executive agency or military department (as 
        defined, respectively, in sections 105 and 102 of title 5, 
        United States Code) may provide the Attorney General with funds 
        for the payment of rewards;
            (4) neither the failure of the Attorney General to 
        authorize a payment nor the amount authorized shall be subject 
        to judicial review; and
            (5) no such reward shall be subject to any per- or 
        aggregate reward spending limitation established by law, unless 
        that law expressly refers to this section, and no reward paid 
        pursuant to any such offer shall count toward any such 
        aggregate reward spending limitation.

SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.

    Section 36 of the State Department Basic Authorities Act of 1956 
(Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4), by striking ``or'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``, including by dismantling an 
                organization in whole or significant part; or''; and
                    (C) by adding at the end the following:
            ``(6) the identification or location of an individual who 
        holds a key leadership position in a terrorist organization.'';
            (2) in subsection (d), by striking paragraphs (2) and (3) 
        and redesignating paragraph (4) as paragraph (2); and
            (3) in subsection (e)(1), by inserting ``, except as 
        personally authorized by the Secretary of State if he 
        determines that offer or payment of an award of a larger amount 
        is necessary to combat terrorism or defend the Nation against 
        terrorist acts.'' after ``$5,000,000''.

SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS.

    Section 3(d)(2) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135a(d)(2)) is amended to read as follows:
            ``(2) In addition to the offenses described in paragraph 
        (1), the following offenses shall be treated for purposes of 
        this section as qualifying Federal offenses, as determined by 
        the Attorney General:
                    ``(A) Any offense listed in section 2332b(g)(5)(B) 
                of title 18, United States Code.
                    ``(B) Any crime of violence (as defined in section 
                16 of title 18, United States Code).
                    ``(C) Any attempt or conspiracy to commit any of 
                the above offenses.''.

SEC. 504. COORDINATION WITH LAW ENFORCEMENT.

    (a) Information Acquired From an Electronic Surveillance.--Section 
106 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1806), is amended by adding at the end the following:
    ``(k)(1) Federal officers who conduct electronic surveillance to 
acquire foreign intelligence information under this title may consult 
with Federal law enforcement officers to coordinate efforts to 
investigate or protect against--
            ``(A) actual or potential attack or other grave hostile 
        acts of a foreign power or an agent of a foreign power;
            ``(B) sabotage or international terrorism by a foreign 
        power or an agent of a foreign power; or
            ``(C) clandestine intelligence activities by an 
        intelligence service or network of a foreign power or by an 
        agent of a foreign power.
    ``(2) Coordination authorized under paragraph (1) shall not 
preclude the certification required by section 104(a)(7)(B) or the 
entry of an order under section 105.''.
    (b) Information Acquired From a Physical Search.--Section 305 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is 
amended by adding at the end the following:
    ``(k)(1) Federal officers who conduct physical searches to acquire 
foreign intelligence information under this title may consult with 
Federal law enforcement officers to coordinate efforts to investigate 
or protect against--
            ``(A) actual or potential attack or other grave hostile 
        acts of a foreign power or an agent of a foreign power;
            ``(B) sabotage or international terrorism by a foreign 
        power or an agent of a foreign power; or
            ``(C) clandestine intelligence activities by an 
        intelligence service or network of a foreign power or by an 
        agent of a foreign power.
    ``(2) Coordination authorized under paragraph (1) shall not 
preclude the certification required by section 303(a)(7) or the entry 
of an order under section 304.''.

SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.

    (a) Telephone Toll and Transactional Records.--Section 2709(b) of 
title 18, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``at Bureau headquarters or a Special Agent in Charge in a 
        Bureau field office designated by the Director'' after 
        ``Assistant Director'';
            (2) in paragraph (1)--
                    (A) by striking ``in a position not lower than 
                Deputy Assistant Director''; and
                    (B) by striking ``made that'' and all that follows 
                and inserting the following: ``made that the name, 
                address, length of service, and toll billing records 
                sought are relevant to an authorized investigation to 
                protect against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not 
                conducted solely on the basis of activities protected 
                by the first amendment to the Constitution of the 
                United States; and''; and
            (3) in paragraph (2)--
                    (A) by striking ``in a position not lower than 
                Deputy Assistant Director''; and
                    (B) by striking ``made that'' and all that follows 
                and inserting the following: ``made that the 
                information sought is relevant to an authorized 
                investigation to protect against international 
                terrorism or clandestine intelligence activities, 
                provided that such an investigation of a United States 
                person is not conducted solely upon the basis of 
                activities protected by the first amendment to the 
                Constitution of the United States.''.
    (b) Financial Records.--Section 1114(a)(5)(A) of the Right to 
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended--
            (1) by inserting ``in a position not lower than Deputy 
        Assistant Director at Bureau headquarters or a Special Agent in 
        Charge in a Bureau field office designated by the Director'' 
        after ``designee''; and
            (2) by striking ``sought'' and all that follows and 
        inserting ``sought for foreign counter intelligence purposes to 
        protect against international terrorism or clandestine 
        intelligence activities, provided that such an investigation of 
        a United States person is not conducted solely upon the basis 
        of activities protected by the first amendment to the 
        Constitution of the United States.''.
    (c) Consumer Reports.--Section 624 of the Fair Credit Reporting Act 
(15 U.S.C. 1681u) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``in a position not lower than 
                Deputy Assistant Director at Bureau headquarters or a 
                Special Agent in Charge of a Bureau field office 
                designated by the Director'' after ``designee'' the 
                first place it appears; and
                    (B) by striking ``in writing that'' and all that 
                follows through the end and inserting the following: 
                ``in writing, that such information is sought for the 
                conduct of an authorized investigation to protect 
                against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not 
                conducted solely upon the basis of activities protected 
                by the first amendment to the Constitution of the 
                United States.'';
            (2) in subsection (b)--
                    (A) by inserting ``in a position not lower than 
                Deputy Assistant Director at Bureau headquarters or a 
                Special Agent in Charge of a Bureau field office 
                designated by the Director'' after ``designee'' the 
                first place it appears; and
                    (B) by striking ``in writing that'' and all that 
                follows through the end and inserting the following: 
                ``in writing that such information is sought for the 
                conduct of an authorized investigation to protect 
                against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not 
                conducted solely upon the basis of activities protected 
                by the first amendment to the Constitution of the 
                United States.''; and
            (3) in subsection (c)--
                    (A) by inserting ``in a position not lower than 
                Deputy Assistant Director at Bureau headquarters or a 
                Special Agent in Charge in a Bureau field office 
                designated by the Director'' after ``designee of the 
                Director''; and
                    (B) by striking ``in camera that'' and all that 
                follows through ``States.'' and inserting the 
                following: ``in camera that the consumer report is 
                sought for the conduct of an authorized investigation 
                to protect against international terrorism or 
                clandestine intelligence activities, provided that such 
                an investigation of a United States person is not 
                conducted solely upon the basis of activities protected 
                by the first amendment to the Constitution of the 
                United States.''.

SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.

    (a) Concurrent Jurisdiction Under 18 U.S.C. 1030.--Section 1030(d) 
of title 18, United States Code, is amended to read as follows:
    ``(d)(1) The United States Secret Service shall, in addition to any 
other agency having such authority, have the authority to investigate 
offenses under this section.
    ``(2) The Federal Bureau of Investigation shall have primary 
authority to investigate offenses under subsection (a)(1) for any cases 
involving espionage, foreign counterintelligence, information protected 
against unauthorized disclosure for reasons of national defense or 
foreign relations, or Restricted Data (as that term is defined in 
section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), 
except for offenses affecting the duties of the United States Secret 
Service pursuant to section 3056(a) of this title.
    ``(3) Such authority shall be exercised in accordance with an 
agreement which shall be entered into by the Secretary of the Treasury 
and the Attorney General.''.
    (b) Reauthorization of Jurisdiction under 18 U.S.C. 1344.--Section 
3056(b)(3) of title 18, United States Code, is amended by striking 
``credit and debit card frauds, and false identification documents or 
devices'' and inserting ``access device frauds, false identification 
documents or devices, and any fraud or other criminal or unlawful 
activity in or against any federally insured financial institution''.

SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.

    Section 444 of the General Education Provisions Act (20 U.S.C. 
1232g), is amended by adding after subsection (i) a new subsection (j) 
to read as follows:
    ``(j) Investigation and Prosecution of Terrorism.--
            ``(1) In general.--Notwithstanding subsections (a) through 
        (i) or any provision of State law, the Attorney General (or any 
        Federal officer or employee, in a position not lower than an 
        Assistant Attorney General, designated by the Attorney General) 
        may submit a written application to a court of competent 
        jurisdiction for an ex parte order requiring an educational 
        agency or institution to permit the Attorney General (or his 
        designee) to--
                    ``(A) collect education records in the possession 
                of the educational agency or institution that are 
                relevant to an authorized investigation or prosecution 
                of an offense listed in section 2332b(g)(5)(B) of title 
                18 United States Code, or an act of domestic or 
                international terrorism as defined in section 2331 of 
                that title; and
                    ``(B) for official purposes related to the 
                investigation or prosecution of an offense described in 
                paragraph (1)(A), retain, disseminate, and use 
                (including as evidence at trial or in other 
                administrative or judicial proceedings) such records, 
                consistent with such guidelines as the Attorney 
                General, after consultation with the Secretary, shall 
                issue to protect confidentiality.
            ``(2) Application and approval.--
                    ``(A) In general.--An application under paragraph 
                (1) shall certify that there are specific and 
                articulable facts giving reason to believe that the 
                education records are likely to contain information 
                described in paragraph (1)(A).
                    ``(B) The court shall issue an order described in 
                paragraph (1) if the court finds that the application 
                for the order includes the certification described in 
                subparagraph (A).
            ``(3) Protection of educational agency or institution.--An 
        educational agency or institution that, in good faith, produces 
        education records in accordance with an order issued under this 
        subsection shall not be liable to any person for that 
        production.
            ``(4) Record-keeping.--Subsection (b)(4) does not apply to 
        education records subject to a court order under this 
        subsection.''.

SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.

    Section 408 of the National Education Statistics Act of 1994 (20 
U.S.C. 9007), is amended by adding after subsection (b) a new 
subsection (c) to read as follows:
    ``(c) Investigation and Prosecution of Terrorism.--
            ``(1) In General.--Notwithstanding subsections (a) and (b), 
        the Attorney General (or any Federal officer or employee, in a 
        position not lower than an Assistant Attorney General, 
        designated by the Attorney General) may submit a written 
        application to a court of competent jurisdiction for an ex 
        parte order requiring the Secretary to permit the Attorney 
        General (or his designee) to--
                    ``(A) collect reports, records, and information 
                (including individually identifiable information) in 
                the possession of the center that are relevant to an 
                authorized investigation or prosecution of an offense 
                listed in section 2332b(g)(5)(B) of title 18, United 
                States Code, or an act of domestic or international 
                terrorism as defined in section 2331 of that title; and
                    ``(B) for official purposes related to the 
                investigation or prosecution of an offense described in 
                paragraph (1)(A), retain, disseminate, and use 
                (including as evidence at trial or in other 
                administrative or judicial proceedings) such 
                information, consistent with such guidelines as the 
                Attorney General, after consultation with the 
                Secretary, shall issue to protect confidentiality.
            ``(2) Application and approval.--
                    ``(A) In general.--An application under paragraph 
                (1) shall certify that there are specific and 
                articulable facts giving reason to believe that the 
                information sought is described in paragraph (1)(A).
                    ``(B) The court shall issue an order described in 
                paragraph (1) if the court finds that the application 
                for the order includes the certification described in 
                subparagraph (A).
                    ``(3) Protection.--An officer or employee of the 
                Department who, in good faith, produces information in 
                accordance with an order issued under this subsection 
                does not violate subsection (b)(2) and shall not be 
                liable to any person for that production.''.

 TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, 
                           AND THEIR FAMILIES

         Subtitle A--Aid to Families of Public Safety Officers

SEC. 611. EXPEDITED PAYMENT FOR PUBLIC SAFETY OFFICERS INVOLVED IN THE 
              PREVENTION, INVESTIGATION, RESCUE, OR RECOVERY EFFORTS 
              RELATED TO A TERRORIST ATTACK.

    (a) In General.--Notwithstanding the limitations of subsection (b) 
of section 1201 or the provisions of subsections (c), (d), and (e) of 
such section or section 1202 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a), upon 
certification (containing identification of all eligible payees of 
benefits pursuant to section 1201 of such Act) by a public agency that 
a public safety officer employed by such agency was killed or suffered 
a catastrophic injury producing permanent and total disability as a 
direct and proximate result of a personal injury sustained in the line 
of duty as described in section 1201 of such Act in connection with 
prevention, investigation, rescue, or recovery efforts related to a 
terrorist attack, the Director of the Bureau of Justice Assistance 
shall authorize payment to qualified beneficiaries, said payment to be 
made not later than 30 days after receipt of such certification, 
benefits described under subpart 1 of part L of such Act (42 U.S.C. 
3796 et seq.).
    (b) Definitions.--For purposes of this section, the terms 
``catastrophic injury'', ``public agency'', and ``public safety 
officer'' have the same meanings given such terms in section 1204 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796b).

SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED PAYMENTS FOR 
              HEROIC PUBLIC SAFETY OFFICERS.

    Section 1 of Public Law 107-37 (an Act to provide for the expedited 
payment of certain benefits for a public safety officer who was killed 
or suffered a catastrophic injury as a direct and proximate result of a 
personal injury sustained in the line of duty in connection with the 
terrorist attacks of September 11, 2001) is amended by--
            (1) inserting before ``by a'' the following: ``(containing 
        identification of all eligible payees of benefits pursuant to 
        section 1201)'';
            (2) inserting ``producing permanent and total disability'' 
        after ``suffered a catastrophic injury''; and
            (3) striking ``1201(a)'' and inserting ``1201''.

SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT INCREASE.

    (a) Payments.--Section 1201(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by striking 
``$100,000'' and inserting ``$250,000''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to any death or disability occurring on or after January 1, 2001.

SEC. 614. OFFICE OF JUSTICE PROGRAMS.

    Section 112 of title I of section 101(b) of division A of Public 
Law 105-277 and section 108(a) of appendix A of Public Law 106-113 (113 
Stat. 1501A-20) are amended--
            (1) after ``that Office'', each place it occurs, by 
        inserting ``(including, notwithstanding any contrary provision 
        of law (unless the same should expressly refer to this 
        section), any organization that administers any program 
        established in title 1 of Public Law 90-351)''; and
            (2) by inserting ``functions, including any'' after 
        ``all''.

       Subtitle B--Amendments to the Victims of Crime Act of 1984

SEC. 621. CRIME VICTIMS FUND.

    (a) Deposit of Gifts in the Fund.--Section 1402(b) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) any gifts, bequests, or donations to the Fund from 
        private entities or individuals.''.
    (b) Formula for Fund Distributions.--Section 1402(c) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as 
follows:
    ``(c) Fund Distribution; Retention of Sums in Fund; Availability 
for Expenditure Without Fiscal Year Limitation.--
            ``(1) Subject to the availability of money in the Fund, in 
        each fiscal year, beginning with fiscal year 2003, the Director 
        shall distribute not less than 90 percent nor more than 110 
        percent of the amount distributed from the Fund in the previous 
        fiscal year, except the Director may distribute up to 120 
        percent of the amount distributed in the previous fiscal year 
        in any fiscal year that the total amount available in the Fund 
        is more than 2 times the amount distributed in the previous 
        fiscal year.
            ``(2) In each fiscal year, the Director shall distribute 
        amounts from the Fund in accordance with subsection (d). All 
        sums not distributed during a fiscal year shall remain in 
        reserve in the Fund to be distributed during a subsequent 
        fiscal year. Notwithstanding any other provision of law, all 
        sums deposited in the Fund that are not distributed shall 
        remain in reserve in the Fund for obligation in future fiscal 
        years, without fiscal year limitation.''.
    (c) Allocation of Funds for Costs and Grants.--Section 1402(d)(4) 
of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is 
amended--
            (1) by striking ``deposited in'' and inserting ``to be 
        distributed from'';
            (2) in subparagraph (A), by striking ``48.5'' and inserting 
        ``47.5'';
            (3) in subparagraph (B), by striking ``48.5'' and inserting 
        ``47.5''; and
            (4) in subparagraph (C), by striking ``3'' and inserting 
        ``5''.
    (d) Antiterrorism Emergency Reserve.--Section 1402(d)(5) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is amended to read 
as follows:
            ``(5)(A) In addition to the amounts distributed under 
        paragraphs (2), (3), and (4), the Director may set aside up to 
        $50,000,000 from the amounts transferred to the Fund for use in 
        responding to the airplane hijackings and terrorist acts that 
        occurred on September 11, 2001, as an antiterrorism emergency 
        reserve. The Director may replenish any amounts expended from 
        such reserve in subsequent fiscal years by setting aside up to 
        5 percent of the amounts remaining in the Fund in any fiscal 
        year after distributing amounts under paragraphs (2), (3) and 
        (4). Such reserve shall not exceed $50,000,000.
            ``(B) The antiterrorism emergency reserve referred to in 
        subparagraph (A) may be used for supplemental grants under 
        section 1404B and to provide compensation to victims of 
        international terrorism under section 1404C.
            ``(C) Amounts in the antiterrorism emergency reserve 
        established pursuant to subparagraph (A) may be carried over 
        from fiscal year to fiscal year. Notwithstanding subsection (c) 
        and section 619 of the Departments of Commerce, Justice, and 
        State, the Judiciary, and Related Agencies Appropriations Act, 
        2001 (and any similar limitation on Fund obligations in any 
        future Act, unless the same should expressly refer to this 
        section), any such amounts carried over shall not be subject to 
        any limitation on obligations from amounts deposited to or 
        available in the Fund.''.
    (e) Victims of September 11, 2001.--Amounts transferred to the 
Crime Victims Fund for use in responding to the airplane hijackings and 
terrorist acts (including any related search, rescue, relief, 
assistance, or other similar activities) that occurred on September 11, 
2001, shall not be subject to any limitation on obligations from 
amounts deposited to or available in the Fund, notwithstanding--
            (1) section 619 of the Departments of Commerce, Justice, 
        and State, the Judiciary, and Related Agencies Appropriations 
        Act, 2001, and any similar limitation on Fund obligations in 
        such Act for Fiscal Year 2002; and
            (2) subsections (c) and (d) of section 1402 of the Victims 
        of Crime Act of 1984 (42 U.S.C. 10601).

SEC. 622. CRIME VICTIM COMPENSATION.

    (a) Allocation of Funds for Compensation and Assistance.--
Paragraphs (1) and (2) of section 1403(a) of the Victims of Crime Act 
of 1984 (42 U.S.C. 10602(a)) are amended by inserting ``in fiscal year 
2002 and of 60 percent in subsequent fiscal years'' after ``40 
percent''.
    (b) Location of Compensable Crime.--Section 1403(b)(6)(B) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by 
striking ``are outside the United States (if the compensable crime is 
terrorism, as defined in section 2331 of title 18), or''.
    (c) Relationship of Crime Victim Compensation to Means-Tested 
Federal Benefit Programs.--Section 1403 of the Victims of Crime Act of 
1984 (42 U.S.C. 10602) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Exclusion From Income, Resources, and Assets for Purposes of 
Means Tests.--Notwithstanding any other law (other than title IV of 
Public Law 107-42), for the purpose of any maximum allowed income, 
resource, or asset eligibility requirement in any Federal, State, or 
local government program using Federal funds that provides medical or 
other assistance (or payment or reimbursement of the cost of such 
assistance), any amount of crime victim compensation that the applicant 
receives through a crime victim compensation program under this section 
shall not be included in the income, resources, or assets of the 
applicant, nor shall that amount reduce the amount of the assistance 
available to the applicant from Federal, State, or local government 
programs using Federal funds, unless the total amount of assistance 
that the applicant receives from all such programs is sufficient to 
fully compensate the applicant for losses suffered as a result of the 
crime.''.
    (d) Definitions of ``Compensable Crime'' and ``State''.--Section 
1403(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)) is 
amended--
            (1) in paragraph (3), by striking ``crimes involving 
        terrorism,''; and
            (2) in paragraph (4), by inserting ``the United States 
        Virgin Islands,'' after ``the Commonwealth of Puerto Rico,''.
    (e) Relationship of Eligible Crime Victim Compensation Programs to 
the September 11th Victim Compensation Fund.--
            (1) In general.--Section 1403(e) of the Victims of Crime 
        Act of 1984 (42 U.S.C. 10602(e)) is amended by inserting 
        ``including the program established under title IV of Public 
        Law 107-42,'' after ``Federal program,''.
            (2) Compensation.--With respect to any compensation payable 
        under title IV of Public Law 107-42, the failure of a crime 
        victim compensation program, after the effective date of final 
        regulations issued pursuant to section 407 of Public Law 107-
        42, to provide compensation otherwise required pursuant to 
        section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 
        10602) shall not render that program ineligible for future 
        grants under the Victims of Crime Act of 1984.

SEC. 623. CRIME VICTIM ASSISTANCE.

    (a) Assistance for Victims in the District of Columbia, Puerto 
Rico, and Other Territories and Possessions.--Section 1404(a) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10603(a)) is amended by adding 
at the end the following:
            ``(6) An agency of the Federal Government performing local 
        law enforcement functions in and on behalf of the District of 
        Columbia, the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, or any other territory or possession of the 
        United States may qualify as an eligible crime victim 
        assistance program for the purpose of grants under this 
        subsection, or for the purpose of grants under subsection 
        (c)(1).''.
    (b) Prohibition on Discrimination Against Certain Victims.--Section 
1404(b)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(1)) 
is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) does not discriminate against victims because 
                they disagree with the way the State is prosecuting the 
                criminal case.''.
    (c) Grants for Program Evaluation and Compliance Efforts.--Section 
1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(c)(1)(A)) is amended by inserting ``, program evaluation, 
compliance efforts,'' after ``demonstration projects''.
    (d) Allocation of Discretionary Grants.--Section 1404(c)(2) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is amended--
            (1) in subparagraph (A), by striking ``not more than'' and 
        inserting ``not less than''; and
            (2) in subparagraph (B), by striking ``not less than'' and 
        inserting ``not more than''.
    (e) Fellowships and Clinical Internships.--Section 1404(c)(3) of 
the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) use funds made available to the Director 
                under this subsection--
                            ``(i) for fellowships and clinical 
                        internships; and
                            ``(ii) to carry out programs of training 
                        and special workshops for the presentation and 
                        dissemination of information resulting from 
                        demonstrations, surveys, and special 
                        projects.''.

SEC. 624. VICTIMS OF TERRORISM.

    (a) Compensation and Assistance to Victims of Domestic Terrorism.--
Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603b(b)) is amended to read as follows:
    ``(b) Victims of Terrorism Within the United States.--The Director 
may make supplemental grants as provided in section 1402(d)(5) to 
States for eligible crime victim compensation and assistance programs, 
and to victim service organizations, public agencies (including 
Federal, State, or local governments) and nongovernmental organizations 
that provide assistance to victims of crime, which shall be used to 
provide emergency relief, including crisis response efforts, 
assistance, compensation, training and technical assistance, and 
ongoing assistance, including during any investigation or prosecution, 
to victims of terrorist acts or mass violence occurring within the 
United States.''.
    (b) Assistance to Victims of International Terrorism.--Section 
1404B(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603b(a)(1)) is amended by striking ``who are not persons eligible for 
compensation under title VIII of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986''.
    (c) Compensation to Victims of International Terrorism.--Section 
1404C(b) of the Victims of Crime of 1984 (42 U.S.C. 10603c(b)) is 
amended by adding at the end the following: ``The amount of 
compensation awarded to a victim under this subsection shall be reduced 
by any amount that the victim received in connection with the same act 
of international terrorism under title VIII of the Omnibus Diplomatic 
Security and Antiterrorism Act of 1986.''.

 TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE 
                               PROTECTION

SEC. 711. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM TO 
              FACILITATE FEDERAL-STATE-LOCAL LAW ENFORCEMENT RESPONSE 
              RELATED TO TERRORIST ATTACKS.

    Section 1301 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796h) is amended--
            (1) in subsection (a), by inserting ``and terrorist 
        conspiracies and activities'' after ``activities'';
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) by redesignating paragraph (4) as paragraph 
                (5);
                    (C) by inserting after paragraph (3) the following:
            ``(4) establishing and operating secure information sharing 
        systems to enhance the investigation and prosecution abilities 
        of participating enforcement agencies in addressing multi-
        jurisdictional terrorist conspiracies and activities; and 
        (5)''; and
            (3) by inserting at the end the following:
    ``(d) Authorization of Appropriation to the Bureau of Justice 
Assistance.--There are authorized to be appropriated to the Bureau of 
Justice Assistance to carry out this section $50,000,000 for fiscal 
year 2002 and $100,000,000 for fiscal year 2003.''.

     TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST MASS 
              TRANSPORTATION SYSTEMS.

    Chapter 97 of title 18, United States Code, is amended by adding at 
the end the following:
``Sec. 1993. Terrorist attacks and other acts of violence against mass 
              transportation systems
    ``(a) General Prohibitions.--Whoever willfully--
            ``(1) wrecks, derails, sets fire to, or disables a mass 
        transportation vehicle or ferry;
            ``(2) places or causes to be placed any biological agent or 
        toxin for use as a weapon, destructive substance, or 
        destructive device in, upon, or near a mass transportation 
        vehicle or ferry, without previously obtaining the permission 
        of the mass transportation provider, and with intent to 
        endanger the safety of any passenger or employee of the mass 
        transportation provider, or with a reckless disregard for the 
        safety of human life;
            ``(3) sets fire to, or places any biological agent or toxin 
        for use as a weapon, destructive substance, or destructive 
        device in, upon, or near any garage, terminal, structure, 
        supply, or facility used in the operation of, or in support of 
        the operation of, a mass transportation vehicle or ferry, 
        without previously obtaining the permission of the mass 
        transportation provider, and knowing or having reason to know 
        such activity would likely derail, disable, or wreck a mass 
        transportation vehicle or ferry used, operated, or employed by 
        the mass transportation provider;
            ``(4) removes appurtenances from, damages, or otherwise 
        impairs the operation of a mass transportation signal system, 
        including a train control system, centralized dispatching 
        system, or rail grade crossing warning signal;
            ``(5) interferes with, disables, or incapacitates any 
        dispatcher, driver, captain, or person while they are employed 
        in dispatching, operating, or maintaining a mass transportation 
        vehicle or ferry, with intent to endanger the safety of any 
        passenger or employee of the mass transportation provider, or 
        with a reckless disregard for the safety of human life;
            ``(6) commits an act, including the use of a dangerous 
        weapon, with the intent to cause death or serious bodily injury 
        to an employee or passenger of a mass transportation provider 
        or any other person while any of the foregoing are on the 
        property of a mass transportation provider;
            ``(7) conveys or causes to be conveyed false information, 
        knowing the information to be false, concerning an attempt or 
        alleged attempt being made or to be made, to do any act which 
        would be a crime prohibited by this subsection; or
            ``(8) attempts, threatens, or conspires to do any of the 
        aforesaid acts,
shall be fined under this title or imprisoned not more than twenty 
years, or both, if such act is committed, or in the case of a threat or 
conspiracy such act would be committed, on, against, or affecting a 
mass transportation provider engaged in or affecting interstate or 
foreign commerce, or if in the course of committing such act, that 
person travels or communicates across a State line in order to commit 
such act, or transports materials across a State line in aid of the 
commission of such act.
    ``(b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) in a circumstance in which--
            ``(1) the mass transportation vehicle or ferry was carrying 
        a passenger at the time of the offense; or
            ``(2) the offense has resulted in the death of any person,
shall be guilty of an aggravated form of the offense and shall be fined 
under this title or imprisoned for a term of years or for life, or 
both.
    ``(c) Definitions.--In this section--
            ``(1) the term `biological agent' has the meaning given to 
        that term in section 178(1) of this title;
            ``(2) the term `dangerous weapon' has the meaning given to 
        that term in section 930 of this title;
            ``(3) the term `destructive device' has the meaning given 
        to that term in section 921(a)(4) of this title;
            ``(4) the term `destructive substance' has the meaning 
        given to that term in section 31 of this title;
            ``(5) the term `mass transportation' has the meaning given 
        to that term in section 5302(a)(7) of title 49, United States 
        Code, except that the term shall include schoolbus, charter, 
        and sightseeing transportation;
            ``(6) the term `serious bodily injury' has the meaning 
        given to that term in section 1365 of this title;
            ``(7) the term `State' has the meaning given to that term 
        in section 2266 of this title; and
            ``(8) the term `toxin' has the meaning given to that term 
        in section 178(2) of this title.''.
    (f) Conforming Amendment.--The analysis of chapter 97 of title 18, 
United States Code, is amended by adding at the end:

``1993. Terrorist attacks and other acts of violence against mass 
                            transportation systems.''.

SEC. 802. DEFINITION OF DOMESTIC TERRORISM.

    (a) Domestic Terrorism Defined.--Section 2331 of title 18, United 
States Code, is amended--
            (1) in paragraph (1)(B)(iii), by striking ``by 
        assassination or kidnapping'' and inserting ``by mass 
        destruction, assassination, or kidnapping'';
            (2) in paragraph (3), by striking ``and'';
            (3) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(5) the term `domestic terrorism' means 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;
                    ``(B) appear to be intended--
                            ``(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 by mass destruction, assassination, 
                        or kidnapping; and
                    ``(C) occur primarily within the territorial 
                jurisdiction of the United States.''.
    (b) Conforming Amendment.--Section 3077(1) of title 18, United 
States Code, is amended to read as follows:
            ``(1) `act of terrorism' means an act of domestic or 
        international terrorism as defined in section 2331;''.

SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding after section 2338 the following new section:
``Sec. 2339. Harboring or concealing terrorists
    ``(a) Whoever harbors or conceals any person who he knows, or has 
reasonable grounds to believe, has committed, or is about to commit, an 
offense under section 32 (relating to destruction of aircraft or 
aircraft facilities), section 175 (relating to biological weapons), 
section 229 (relating to chemical weapons), section 831 (relating to 
nuclear materials), paragraph (2) or (3) of section 844(f) (relating to 
arson and bombing of government property risking or causing injury or 
death), section 1366(a) (relating to the destruction of an energy 
facility), section 2280 (relating to violence against maritime 
navigation), section 2332a (relating to weapons of mass destruction), 
or section 2332b (relating to acts of terrorism transcending national 
boundaries) of this title, section 236(a) (relating to sabotage of 
nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 
2284(a)), or section 46502 (relating to aircraft piracy) of title 49, 
shall be fined under this title or imprisoned not more than ten years, 
or both.''.
    ``(b) A violation of this section may be prosecuted in any Federal 
judicial district in which the underlying offense was committed, or in 
any other Federal judicial district as provided by law.''.
    (b) Technical Amendment.--The chapter analysis for chapter 113B of 
title 18, United States Code, is amended by inserting after the item 
for section 2338 the following:

``2339. Harboring or concealing terrorists.''.

SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD.

    Section 7 of title 18, United States Code, is amended by adding at 
the end the following:
            ``(9) With respect to offenses committed by or against a 
        United States national, as defined in section 1203(c) of this 
        title--
                    ``(A) the premises of United States diplomatic, 
                consular, military or other United States Government 
                missions or entities in foreign States, including the 
                buildings, parts of buildings, and land appurtenant or 
                ancillary thereto or used for purposes of those 
                missions or entities, irrespective of ownership; and
                    ``(B) residences in foreign States and the land 
                appurtenant or ancillary thereto, irrespective of 
                ownership, used for purposes of those missions or 
                entities or used by United States personnel assigned to 
                those missions or entities.
        Nothing in this paragraph shall be deemed to supersede any 
        treaty or international agreement with which this paragraph 
        conflicts. This paragraph does not apply with respect to an 
        offense committed by a person described in section 3261(a) of 
        this title.''.

SEC. 805. MATERIAL SUPPORT FOR TERRORISM.

    (a) In General.--Section 2339A of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``, within the United States,'';
                    (B) by inserting ``229,'' after ``175,'';
                    (C) by inserting ``1993,'' after ``1992,'';
                    (D) by inserting ``, section 236 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2284),'' after ``of this 
                title'';
                    (E) by inserting ``or 60123(b)'' after ``46502''; 
                and
                    (F) by inserting at the end the following: ``A 
                violation of this section may be prosecuted in any 
                Federal judicial district in which the underlying 
                offense was committed, or in any other Federal judicial 
                district as provided by law.''; and
            (2) in subsection (b)--
                    (A) by striking ``or other financial securities'' 
                and inserting ``or monetary instruments or financial 
                securities''; and
                    (B) by inserting ``expert advice or assistance,'' 
                after ``training,''.
    (b) Technical Amendment.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``or 2339B'' after ``2339A''.

SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.

    Section 981(a)(1) of title 18, United States Code, is amended by 
inserting at the end the following:
            ``(G) All assets, foreign or domestic--
                    ``(i) of any individual, entity, or organization 
                engaged in planning or perpetrating any act of domestic 
                or international terrorism (as defined in section 2331) 
                against the United States, citizens or residents of the 
                United States, or their property, and all assets, 
                foreign or domestic, affording any person a source of 
                influence over any such entity or organization;
                    ``(ii) acquired or maintained by any person for the 
                purpose of supporting, planning, conducting, or 
                concealing an act of domestic or international 
                terrorism (as defined in section 2331) against the 
                United States, citizens or residents of the United 
                States, or their property; or
                    ``(iii) derived from, involved in, or used or 
                intended to be used to commit any act of domestic or 
                international terrorism (as defined in section 2331) 
                against the United States, citizens or residents of the 
                United States, or their property.''.

SEC. 807. TECHNICAL CLARIFICATION RELATING TO PROVISION OF MATERIAL 
              SUPPORT TO TERRORISM.

    No provision of the Trade Sanctions Reform and Export Enhancement 
Act of 2000 (title IX of Public Law 106-387) shall be construed to 
limit or otherwise affect section 2339A or 2339B of title 18, United 
States Code.

SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.

    Section 2332b of title 18, United States Code, is amended--
            (1) in subsection (f), by inserting after ``terrorism'' the 
        following: ``and any violation of section 351(e), 844(e), 
        844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 
        2156 of this title,'' before ``and the Secretary''; and
            (2) in subsection (g)(5)(B), by striking clauses (i) 
        through (iii) and inserting the following:
                            ``(i) section 32 (relating to destruction 
                        of aircraft or aircraft facilities), 37 
                        (relating to violence at international 
                        airports), 81 (relating to arson within special 
                        maritime and territorial jurisdiction), 175 or 
                        175b (relating to biological weapons), 229 
                        (relating to chemical weapons), subsection (a), 
                        (b), (c), or (d) of section 351 (relating to 
                        congressional, cabinet, and Supreme Court 
                        assassination and kidnaping), 831 (relating to 
                        nuclear materials), 842(m) or (n) (relating to 
                        plastic explosives), 844(f) (2) through (3) 
                        (relating to arson and bombing of Government 
                        property risking or causing death), 844(i) 
                        (relating to arson and bombing of property used 
                        in interstate commerce), 930(c) (relating to 
                        killing or attempted killing during an attack 
                        on a Federal facility with a dangerous weapon), 
                        956(a)(1) (relating to conspiracy to murder, 
                        kidnap, or maim persons abroad), 1030(a)(1) 
                        (relating to protection of computers), 
                        1030(a)(5)(A)(i) resulting in damage as defined 
                        in 1030(a)(5)(B)(ii) through (v) (relating to 
                        protection of computers), 1114 (relating to 
                        killing or attempted killing 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), 
                        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(a) (relating to 
                        destruction of an energy facility), 1751 (a) 
                        through (d) (relating to Presidential and 
                        Presidential staff assassination and 
                        kidnaping), 1992 (relating to wrecking trains), 
                        1993 (relating to terrorist attacks and other 
                        acts of violence against mass transportation 
                        systems), 2155 (relating to destruction of 
                        national defense materials, premises, or 
                        utilities), 2280 (relating to violence against 
                        maritime navigation), 2281 (relating to 
                        violence against maritime fixed platforms), 
                        2332 (relating to certain homicides and other 
                        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), 
                        2339 (relating to harboring terrorists), 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;
                            ``(ii) section 236 (relating to sabotage of 
                        nuclear facilities or fuel) of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2284); or
                            ``(iii) section 46502 (relating to aircraft 
                        piracy), the second sentence of section 46504 
                        (relating to assault on a flight crew with a 
                        dangerous weapon), section 46505(b)(3) or (c) 
                        (relating to explosive or incendiary devices, 
                        or endangerment of human life by means of 
                        weapons, on aircraft), section 46506 if 
                        homicide or attempted homicide is involved 
                        (relating to application of certain criminal 
                        laws to acts on aircraft), or section 60123(b) 
                        (relating to destruction of interstate gas or 
                        hazardous liquid pipeline facility) of title 
                        49.''.

SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES.

    (a) In General.--Section 3286 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3286. Extension of statute of limitation for certain terrorism 
              offenses
    ``(a) Eight-Year Limitation.--Notwithstanding section 3282, no 
person shall be prosecuted, tried, or punished for any noncapital 
offense involving a violation of any provision listed in section 
2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or 1751(e) 
of this title, or section 46504, 46505, or 46506 of title 49, unless 
the indictment is found or the information is instituted within 8 years 
after the offense was committed. Notwithstanding the preceding 
sentence, offenses listed in section 3295 are subject to the statute of 
limitations set forth in that section.
    ``(b) No Limitation.--Notwithstanding any other law, an indictment 
may be found or an information instituted at any time without 
limitation for any offense listed in section 2332b(g)(5)(B), if the 
commission of such offense resulted in, or created a forseeable risk 
of, death or serious bodily injury to another person.''.
    (b) Application.--The amendments made by this section shall apply 
to the prosecution of any offense committed before, on, or after the 
date of the enactment of this section.

SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.

    (a) Arson.--Section 81 of title 18, United States Code, is amended 
in the second undesignated paragraph by striking ``not more than twenty 
years'' and inserting ``for any term of years or for life''.
    (b) Destruction of an Energy Facility.--Section 1366 of title 18, 
United States Code, is amended--
            (1) in subsection (a), by striking ``ten'' and inserting 
        ``20''; and
            (2) by adding at the end the following:
    ``(d) Whoever is convicted of a violation of subsection (a) or (b) 
that has resulted in the death of any person shall be subject to 
imprisonment for any term of years or life.''.
    (c) Material Support to Terrorists.--Section 2339A(a) of title 18, 
United States Code, is amended--
            (1) by striking ``10'' and inserting ``15''; and
            (2) by striking the period and inserting ``, and, if the 
        death of any person results, shall be imprisoned for any term 
        of years or for life.''.
    (d) Material Support to Designated Foreign Terrorist 
Organizations.--Section 2339B(a)(1) of title 18, United States Code, is 
amended--
            (1) by striking ``10'' and inserting ``15''; and
            (2) by striking the period after ``or both'' and inserting 
        ``, and, if the death of any person results, shall be 
        imprisoned for any term of years or for life.''.
    (e) Destruction of National-Defense Materials.--Section 2155(a) of 
title 18, United States Code, is amended--
            (1) by striking ``ten'' and inserting ``20''; and
            (2) by striking the period at the end and inserting ``, 
        and, if death results to any person, shall be imprisoned for 
        any term of years or for life.''.
    (f) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
            (1) by striking ``ten'' each place it appears and inserting 
        ``20'';
            (2) in subsection (a), by striking the period at the end 
        and inserting ``, and, if death results to any person, shall be 
        imprisoned for any term of years or for life.''; and
            (3) in subsection (b), by striking the period at the end 
        and inserting ``, and, if death results to any person, shall be 
        imprisoned for any term of years or for life.''.
    (g) Special Aircraft Jurisdiction of the United States.--Section 
46505(c) of title 49, United States Code, is amended--
            (1) by striking ``15'' and inserting ``20''; and
            (2) by striking the period at the end and inserting ``, 
        and, if death results to any person, shall be imprisoned for 
        any term of years or for life.''.
    (h) Damaging or Destroying an Interstate Gas or Hazardous Liquid 
Pipeline Facility.--Section 60123(b) of title 49, United States Code, 
is amended--
            (1) by striking ``15'' and inserting ``20''; and
            (2) by striking the period at the end and inserting ``, 
        and, if death results to any person, shall be imprisoned for 
        any term of years or for life.''.

SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.

    (a) Arson.--Section 81 of title 18, United States Code, is amended 
in the first undesignated paragraph--
            (1) by striking ``, or attempts to set fire to or burn''; 
        and
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be imprisoned''.
    (b) Killings in Federal Facilities.--Section 930(c) of title 18, 
United States Code, is amended--
            (1) by striking ``or attempts to kill'';
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be punished''; and
            (3) by striking ``and 1113'' and inserting ``1113, and 
        1117''.
    (c) Communications Lines, Stations, or Systems.--Section 1362 of 
title 18, United States Code, is amended in the first undesignated 
paragraph--
            (1) by striking ``or attempts willfully or maliciously to 
        injure or destroy''; and
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be fined''.
    (d) Buildings or Property Within Special Maritime and Territorial 
Jurisdiction.--Section 1363 of title 18, United States Code, is 
amended--
            (1) by striking ``or attempts to destroy or injure''; and
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be fined'' the first place it appears.
    (e) Wrecking Trains.--Section 1992 of title 18, United States Code, 
is amended by adding at the end the following:
    ``(c) A person who conspires to commit any offense defined in this 
section shall be subject to the same penalties (other than the penalty 
of death) as the penalties prescribed for the offense, the commission 
of which was the object of the conspiracy.''.
    (f) Material Support to Terrorists.--Section 2339A of title 18, 
United States Code, is amended by inserting ``or attempts or conspires 
to do such an act,'' before ``shall be fined''.
    (g) Torture.--Section 2340A of title 18, United States Code, is 
amended by adding at the end the following:
    ``(c) Conspiracy.--A person who conspires to commit an offense 
under this section shall be subject to the same penalties (other than 
the penalty of death) as the penalties prescribed for the offense, the 
commission of which was the object of the conspiracy.''.
    (h) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
            (1) in subsection (a)--
                    (A) by striking ``, or who intentionally and 
                willfully attempts to destroy or cause physical damage 
                to'';
                    (B) in paragraph (4), by striking the period at the 
                end and inserting a comma; and
                    (C) by inserting ``or attempts or conspires to do 
                such an act,'' before ``shall be fined''; and
            (2) in subsection (b)--
                    (A) by striking ``or attempts to cause''; and
                    (B) by inserting ``or attempts or conspires to do 
                such an act,'' before ``shall be fined''.
    (i) Interference with Flight Crew Members and Attendants.--Section 
46504 of title 49, United States Code, is amended by inserting ``or 
attempts or conspires to do such an act,'' before ``shall be fined''.
    (j) Special Aircraft Jurisdiction of the United States.--Section 
46505 of title 49, United States Code, is amended by adding at the end 
the following:
    ``(e) Conspiracy.--If two or more persons conspire to violate 
subsection (b) or (c), and one or more of such persons do any act to 
effect the object of the conspiracy, each of the parties to such 
conspiracy shall be punished as provided in such subsection.''.
    (k) Damaging or Destroying an Interstate Gas or Hazardous Liquid 
Pipeline Facility.--Section 60123(b) of title 49, United States Code, 
is amended--
            (1) by striking ``, or attempting to damage or destroy,''; 
        and
            (2) by inserting ``, or attempting or conspiring to do such 
        an act,'' before ``shall be fined''.

SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.

    Section 3583 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(j) Supervised Release Terms for Terrorism Predicates.--
Notwithstanding subsection (b), the authorized term of supervised 
release for any offense listed in section 2332b(g)(5)(B), the 
commission of which resulted in, or created a foreseeable risk of, 
death or serious bodily injury to another person, is any term of years 
or life.''.

SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING ACTIVITY.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or (F)'' and inserting ``(F)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, or (G) any act that is indictable under any 
        provision listed in section 2332b(g)(5)(B)''.

SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.

    (a) Clarification of Protection of Protected Computers.--Section 
1030(a)(5) of title 18, United States Code, is amended--
            (1) by inserting ``(i)'' after (A)'';
            (2) by redesignating subparagraphs (B) and (C) as clauses 
        (ii) and (iii), respectively;
            (3) by adding ``and'' at the end of clause (iii), as so 
        redesignated; and
            (4) by adding at the end the following:
                    ``(B) caused (or, in the case of an attempted 
                offense, would, if completed, have caused) conduct 
                described in in clause (i), (ii), or (iii) of 
                subparagraph (A) that resulted in--
                            ``(i) loss to 1 or more persons during any 
                        1-year period (including loss resulting from a 
                        related course of conduct affecting 1 or more 
                        other protected computers) aggregating at least 
                        $5,000 in value;
                            ``(ii) the modification or impairment, or 
                        potential modification or impairment, of the 
                        medical examination, diagnosis, treatment, or 
                        care of 1 or more individuals;
                            ``(iii) physical injury to any person;
                            ``(iv) a threat to public health or safety; 
                        or
                            ``(v) damage affecting a computer system 
                        used by or for a Government entity in 
                        furtherance of the administration of justice, 
                        national defense, or national security;''.
    (b) Penalties.--Section 1030(c) of title 18, United States Code is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A) --
                            (i) by inserting ``except as provided in 
                        subparagraph (B),'' before ``a fine'';
                            (ii) by striking ``(a)(5)(C)'' and 
                        inserting ``(a)(5)(A)(iii)''; and
                            (iii) by striking ``and' at the end;
                    (B) in subparagraph (B), by inserting ``or an 
                attempt to commit an offense punishable under this 
                subparagraph,'' after ``subsection (a)(2),'' in the 
                matter preceding clause (i); and
                    (C) in subparagraph (C), by striking ``and'' at the 
                end;
            (2) in paragraph (3)--
                    (A) by striking ``, (a)(5)(A), (a)(5)(B),'' both 
                places it appears; and
                    (B) by striking ``and'' at the end; and
            (3) by striking ``(a)(5)(C)'' and inserting 
        ``(a)(5)(A)(iii)''; and
            (4) by adding at the end the following new paragraphs:
            ``(4)(A) a fine under this title, imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(5)(A)(i), or an attempt to commit an offense 
        punishable under that subsection;
                    ``(B) a fine under this title, imprisonment for not 
                more than 5 years, or both, in the case of an offense 
                under subsection (a)(5)(A)(ii), or an attempt to commit 
                an offense punishable under that subsection;
                    ``(C) a fine under this title, imprisonment for not 
                more than 20 years, or both, in the case of an offense 
                under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an 
                attempt to commit an offense punishable under either 
                subsection, that occurs after a conviction for another 
                offense under this section.''.
    (c) Definitions.--Subsection (e) of section 1030 of title 18, 
United States Code is amended--
            (1) in paragraph (2)(B), by inserting ``, including a 
        computer located outside the United States'' before the 
        semicolon;
            (2) in paragraph (7), by striking ``and'' at the end;
            (3) by striking paragraph (8) and inserting the following 
        new paragraph (8):
            ``(8) the term `damage' means any impairment to the 
        integrity or availability of data, a program, a system, or 
        information;'';
            (4) in paragraph (9), by striking the period at the end and 
        inserting a semicolon; and
            (5) by adding at the end the following new paragraphs:
            ``(10) the term `conviction' shall include a conviction 
        under the law of any State for a crime punishable by 
        imprisonment for more than 1 year, an element of which is 
        unauthorized access, or exceeding authorized access, to a 
        computer;
            ``(11) the term `loss' includes any reasonable cost to any 
        victim, including the cost of responding to an offense, 
        conducting a damage assessment, and restoring the data, 
        program, system, or information to its condition prior to the 
        offense, and any revenue lost, cost incurred, or other 
        consequential damages incurred because of interruption of 
        service;
            ``(12) the term `person' means any individual, firm, 
        corporation, educational institution, financial institution, 
        governmental entity, or legal or other entity;''.
    (d) Damages in Civil Actions.--Subsection (g) of section 1030 of 
title 18, United States Code is amended--
            (1) by striking the second sentence and inserting the 
        following new sentences: ``A suit for a violation of subsection 
        (a)(5) may be brought only if the conduct involves one of the 
        factors enumerated in subsection (a)(5)(B). Damages for a 
        violation involving only conduct described in subsection 
        (a)(5)(B)(i) are limited to economic damages.''; and
            (2) by adding at the end the following: ``No action may be 
        brought under this subsection for the negligent design or 
        manufacture of computer hardware, computer software, or 
        firmware.''.
    (e) Amendment of Sentencing Guidelines Relating to Certain Computer 
Fraud and Abuse.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall amend the Federal sentencing guidelines to ensure that any 
individual convicted of a violation of section 1030 of title 18, United 
States Code, can be subjected to appropriate penalties, without regard 
to any mandatory minimum term of imprisonment.

SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING 
              RECORDS IN RESPONSE TO GOVERNMENT REQUESTS.

    Section 2707(e)(1) of title 18, United States Code, is amended by 
inserting after ``or statutory authorization'' the following: 
``(including a request of a governmental entity under section 2703(f) 
of this title)''.

SEC. 816. DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC 
              CAPABILITIES.

    (a) In General.--The Attorney General shall establish such regional 
computer forensic laboratories as the Attorney General considers 
appropriate, and provide support to existing computer forensic 
laboratories, in order that all such computer forensic laboratories 
have the capability--
            (1) to provide forensic examinations with respect to seized 
        or intercepted computer evidence relating to criminal activity 
        (including cyberterrorism);
            (2) to provide training and education for Federal, State, 
        and local law enforcement personnel and prosecutors regarding 
        investigations, forensic analyses, and prosecutions of 
        computer-related crime (including cyberterrorism);
            (3) to assist Federal, State, and local law enforcement in 
        enforcing Federal, State, and local criminal laws relating to 
        computer-related crime;
            (4) to facilitate and promote the sharing of Federal law 
        enforcement expertise and information about the investigation, 
        analysis, and prosecution of computer-related crime with State 
        and local law enforcement personnel and prosecutors, including 
        the use of multijurisdictional task forces; and
            (5) to carry out such other activities as the Attorney 
        General considers appropriate.
    (b) Authorization of Appropriations.--
            (1) Authorization.--There is hereby authorized to be 
        appropriated in each fiscal year $50,000,000 for purposes of 
        carrying out this section.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations in paragraph (1) shall remain 
        available until expended.

                    TITLE IX--IMPROVED INTELLIGENCE

SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE 
              REGARDING FOREIGN INTELLIGENCE COLLECTED UNDER FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-
3(c)) is amended--
            (1) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (2) by inserting after paragraph (5) the following new 
        paragraph (6):
            ``(6) establish requirements and priorities for foreign 
        intelligence information to be collected under the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
        and provide assistance to the Attorney General to ensure that 
        information derived from electronic surveillance or physical 
        searches under that Act is disseminated so it may be used 
        efficiently and effectively for foreign intelligence purposes, 
        except that the Director shall have no authority to direct, 
        manage, or undertake electronic surveillance or physical search 
        operations pursuant to that Act unless otherwise authorized by 
        statute or executive order;''.

SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES WITHIN SCOPE 
              OF FOREIGN INTELLIGENCE UNDER NATIONAL SECURITY ACT OF 
              1947.

    Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is 
amended--
            (1) in paragraph (2), by inserting before the period the 
        following: ``, or international terrorist activities''; and
            (2) in paragraph (3), by striking ``and activities 
        conducted'' and inserting ``, and activities conducted,''.

SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND MAINTENANCE OF 
              INTELLIGENCE RELATIONSHIPS TO ACQUIRE INFORMATION ON 
              TERRORISTS AND TERRORIST ORGANIZATIONS.

    It is the sense of Congress that officers and employees of the 
intelligence community of the Federal Government, acting within the 
course of their official duties, should be encouraged, and should make 
every effort, to establish and maintain intelligence relationships with 
any person, entity, or group for the purpose of engaging in lawful 
intelligence activities, including the acquisition of information on 
the identity, location, finances, affiliations, capabilities, plans, or 
intentions of a terrorist or terrorist organization, or information on 
any other person, entity, or group (including a foreign government) 
engaged in harboring, comforting, financing, aiding, or assisting a 
terrorist or terrorist organization.

SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS OF REPORTS 
              ON INTELLIGENCE AND INTELLIGENCE-RELATED MATTERS.

    (a) Authority To Defer.--The Secretary of Defense, Attorney 
General, and Director of Central Intelligence each may, during the 
effective period of this section, defer the date of submittal to 
Congress of any covered intelligence report under the jurisdiction of 
such official until February 1, 2002.
    (b) Covered Intelligence Report.--Except as provided in subsection 
(c), for purposes of subsection (a), a covered intelligence report is 
as follows:
            (1) Any report on intelligence or intelligence-related 
        activities of the United States Government that is required to 
        be submitted to Congress by an element of the intelligence 
        community during the effective period of this section.
            (2) Any report or other matter that is required to be 
        submitted to the Select Committee on Intelligence of the Senate 
        and Permanent Select Committee on Intelligence of the House of 
        Representatives by the Department of Defense or the Department 
        of Justice during the effective period of this section.
    (c) Exception for Certain Reports.--For purposes of subsection (a), 
any report required by section 502 or 503 of the National Security Act 
of 1947 (50 U.S.C. 413a, 413b) is not a covered intelligence report.
    (d) Notice to Congress.--Upon deferring the date of submittal to 
Congress of a covered intelligence report under subsection (a), the 
official deferring the date of submittal of the covered intelligence 
report shall submit to Congress notice of the deferral. Notice of 
deferral of a report shall specify the provision of law, if any, under 
which the report would otherwise be submitted to Congress.
    (e) Extension of Deferral.--(1) Each official specified in 
subsection (a) may defer the date of submittal to Congress of a covered 
intelligence report under the jurisdiction of such official to a date 
after February 1, 2002, if such official submits to the committees of 
Congress specified in subsection (b)(2) before February 1, 2002, a 
certification that preparation and submittal of the covered 
intelligence report on February 1, 2002, will impede the work of 
officers or employees who are engaged in counterterrorism activities.
    (2) A certification under paragraph (1) with respect to a covered 
intelligence report shall specify the date on which the covered 
intelligence report will be submitted to Congress.
    (f) Effective Period.--The effective period of this section is the 
period beginning on the date of the enactment of this Act and ending on 
February 1, 2002.
    (g) Element of the Intelligence Community Defined.--In this 
section, the term ``element of the intelligence community'' means any 
element of the intelligence community specified or designated under 
section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF FOREIGN 
              INTELLIGENCE-RELATED INFORMATION WITH RESPECT TO CRIMINAL 
              INVESTIGATIONS.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended--
            (1) by redesignating subsection 105B as section 105C; and
            (2) by inserting after section 105A the following new 
        section 105B:

       ``disclosure of foreign intelligence acquired in criminal 
     investigations; notice of criminal investigations of foreign 
                          intelligence sources

    ``Sec. 105B. (a) Disclosure of Foreign Intelligence.--(1) Except as 
otherwise provided by law and subject to paragraph (2), the Attorney 
General, or the head of any other department or agency of the Federal 
Government with law enforcement responsibilities, shall expeditiously 
disclose to the Director of Central Intelligence, pursuant to 
guidelines developed by the Attorney General in consultation with the 
Director, foreign intelligence acquired by an element of the Department 
of Justice or an element of such department or agency, as the case may 
be, in the course of a criminal investigation.
    ``(2) The Attorney General by regulation and in consultation with 
the Director of Central Intelligence may provide for exceptions to the 
applicability of paragraph (1) for one or more classes of foreign 
intelligence, or foreign intelligence with respect to one or more 
targets or matters, if the Attorney General determines that disclosure 
of such foreign intelligence under that paragraph would jeopardize an 
ongoing law enforcement investigation or impair other significant law 
enforcement interests.
    ``(b) Procedures for Notice of Criminal Investigations.--Not later 
than 180 days after the date of enactment of this section, the Attorney 
General, in consultation with the Director of Central Intelligence, 
shall develop guidelines to ensure that after receipt of a report from 
an element of the intelligence community of activity of a foreign 
intelligence source or potential foreign intelligence source that may 
warrant investigation as criminal activity, the Attorney General 
provides notice to the Director of Central Intelligence, within a 
reasonable period of time, of his intention to commence, or decline to 
commence, a criminal investigation of such activity.
    ``(c) Procedures.--The Attorney General shall develop procedures 
for the administration of this section, including the disclosure of 
foreign intelligence by elements of the Department of Justice, and 
elements of other departments and agencies of the Federal Government, 
under subsection (a) and the provision of notice with respect to 
criminal investigations under subsection (b).''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by striking the item relating to section 105B 
and inserting the following new items:

``Sec. 105B. Disclosure of foreign intelligence acquired in criminal 
                            investigations; notice of criminal 
                            investigations of foreign intelligence 
                            sources.
``Sec. 105C. Protection of the operational files of the National 
                            Imagery and Mapping Agency.''.

SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.

    (a) Report on Reconfiguration.--Not later than February 1, 2002, 
the Attorney General, the Director of Central Intelligence, and the 
Secretary of the Treasury shall jointly submit to Congress a report on 
the feasibility and desirability of reconfiguring the Foreign Terrorist 
Asset Tracking Center and the Office of Foreign Assets Control of the 
Department of the Treasury in order to establish a capability to 
provide for the effective and efficient analysis and dissemination of 
foreign intelligence relating to the financial capabilities and 
resources of international terrorist organizations.
    (b) Report Requirements.--(1) In preparing the report under 
subsection (a), the Attorney General, the Secretary, and the Director 
shall consider whether, and to what extent, the capacities and 
resources of the Financial Crimes Enforcement Center of the Department 
of the Treasury may be integrated into the capability contemplated by 
the report.
    (2) If the Attorney General, Secretary, and the Director determine 
that it is feasible and desirable to undertake the reconfiguration 
described in subsection (a) in order to establish the capability 
described in that subsection, the Attorney General, the Secretary, and 
the Director shall include with the report under that subsection a 
detailed proposal for legislation to achieve the reconfiguration.

SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.

    (a) Report on Establishment.--(1) Not later than February 1, 2002, 
the Director of Central Intelligence shall, in consultation with the 
Director of the Federal Bureau of Investigation, submit to the 
appropriate committees of Congress a report on the establishment and 
maintenance within the intelligence community of an element for 
purposes of providing timely and accurate translations of foreign 
intelligence for all other elements of the intelligence community. In 
the report, the element shall be referred to as the ``National Virtual 
Translation Center''.
    (2) The report on the element described in paragraph (1) shall 
discuss the use of state-of-the-art communications technology, the 
integration of existing translation capabilities in the intelligence 
community, and the utilization of remote-connection capacities so as to 
minimize the need for a central physical facility for the element.
    (b) Resources.--The report on the element required by subsection 
(a) shall address the following:
            (1) The assignment to the element of a staff of individuals 
        possessing a broad range of linguistic and translation skills 
        appropriate for the purposes of the element.
            (2) The provision to the element of communications 
        capabilities and systems that are commensurate with the most 
        current and sophisticated communications capabilities and 
        systems available to other elements of intelligence community.
            (3) The assurance, to the maximum extent practicable, that 
        the communications capabilities and systems provided to the 
        element will be compatible with communications capabilities and 
        systems utilized by the Federal Bureau of Investigation in 
        securing timely and accurate translations of foreign language 
        materials for law enforcement investigations.
            (4) The development of a communications infrastructure to 
        ensure the efficient and secure use of the translation 
        capabilities of the element.
    (c) Secure Communications.--The report shall include a discussion 
of the creation of secure electronic communications between the element 
described by subsection (a) and the other elements of the intelligence 
community.
    (d) Definitions.--In this section:
            (1) Foreign intelligence.--The term ``foreign 
        intelligence'' has the meaning given that term in section 3(2) 
        of the National Security Act of 1947 (50 U.S.C. 401a(2)).
            (2) Element of the intelligence community.--The term 
        ``element of the intelligence community'' means any element of 
        the intelligence community specified or designated under 
        section 3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a(4)).

SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION AND 
              USE OF FOREIGN INTELLIGENCE.

    (a) Program Required.--The Attorney General shall, in consultation 
with the Director of Central Intelligence, carry out a program to 
provide appropriate training to officials described in subsection (b) 
in order to assist such officials in--
            (1) identifying foreign intelligence information in the 
        course of their duties; and
            (2) utilizing foreign intelligence information in the 
        course of their duties, to the extent that the utilization of 
        such information is appropriate for such duties.
    (b) Officials.--The officials provided training under subsection 
(a) are, at the discretion of the Attorney General and the Director, 
the following:
            (1) Officials of the Federal Government who are not 
        ordinarily engaged in the collection, dissemination, and use of 
        foreign intelligence in the performance of their duties.
            (2) Officials of State and local governments who encounter, 
        or may encounter in the course of a terrorist event, foreign 
        intelligence in the performance of their duties.
    (c) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for the Department of Justice such sums as may be 
necessary for purposes of carrying out the program required by 
subsection (a).

                         TITLE X--MISCELLANEOUS

SEC. 1001. REVIEW OF THE DEPARTMENT OF JUSTICE.

    The Inspector General of the Department of Justice shall designate 
one official who shall--
            (1) review information and receive complaints alleging 
        abuses of civil rights and civil liberties by employees and 
        officials of the Department of Justice;
            (2) make public through the Internet, radio, television, 
        and newspaper advertisements information on the 
        responsibilities and functions of, and how to contact, the 
        official; and
            (3) submit to the Committee on the Judiciary of the House 
        of Representatives and the Committee on the Judiciary of the 
        Senate on a semi-annual basis a report on the implementation of 
        this subsection and detailing any abuses described in paragraph 
        (1), including a description of the use of funds appropriations 
        used to carry out this subsection.

            Passed the House of Representatives October 12, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
                                                       Calendar No. 198

107th CONGRESS

  1st Session

                               H. R. 2975

_______________________________________________________________________

                                 AN ACT

To deter and punish terrorist acts in the United States and around the 
 world, to enhance law enforcement investigatory tools, and for other 
                               purposes.

_______________________________________________________________________

                            October 15, 2001

        Received; read twice and ordered placed on the calendar