``5331. Reports relating to coins and currency received in nonfinancial
trade or business.''.
(f) Regulations.--Regulations which the Secretary
determines are necessary to implement this section shall be
published in final form before the end of the 6-month period
beginning on the date of enactment of this Act.
SEC. 366. EFFICIENT USE OF CURRENCY TRANSACTION REPORT
SYSTEM.
(a) Findings.--The Congress finds the following:
(1) The Congress established the currency transaction
reporting requirements in 1970 because the Congress found
then that such reports have a high degree of usefulness in
criminal, tax, and regulatory investigations and proceedings
and the usefulness of such reports has only increased in the
years since the requirements were established.
(2) In 1994, in response to reports and testimony that
excess amounts of currency transaction reports were
interfering with effective law enforcement, the Congress
reformed the currency transaction report exemption
requirements to provide--
(A) mandatory exemptions for certain reports that had
little usefulness for law enforcement, such as cash transfers
between depository institutions and cash deposits from
government agencies; and
(B) discretionary authority for the Secretary of the
Treasury to provide exemptions, subject to criteria and
guidelines established by the Secretary, for financial
institutions with regard to regular business customers that
maintain accounts at an institution into which frequent cash
deposits are made.
(3) Today there is evidence that some financial
institutions are not utilizing the exemption system, or are
filing reports even if there is an exemption in effect, with
the result that the volume of currency transaction reports is
once again interfering with effective law enforcement.
(b) Study and Report.--
(1) Study required.--The Secretary shall conduct a study
of--
(A) the possible expansion of the statutory exemption
system in effect under section 5313 of title 31, United
States Code; and
(B) methods for improving financial institution utilization
of the statutory exemption provisions as a way of reducing
the submission of currency transaction reports that
[[Page H7178]]
have little or no value for law enforcement purposes,
including improvements in the systems in effect at financial
institutions for regular review of the exemption procedures
used at the institution and the training of personnel in its
effective use.
(2) Report required.--The Secretary of the Treasury shall
submit a report to the Congress before the end of the 1-year
period beginning on the date of enactment of this Act
containing the findings and conclusions of the Secretary with
regard to the study required under subsection (a), and such
recommendations for legislative or administrative action as
the Secretary determines to be appropriate.
Subtitle C--Currency Crimes and Protection
SEC. 371. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED
STATES.
(a) Findings.--The Congress finds the following:
(1) Effective enforcement of the currency reporting
requirements of subchapter II of chapter 53 of title 31,
United States Code, and the regulations prescribed under such
subchapter, has forced drug dealers and other criminals
engaged in cash-based businesses to avoid using traditional
financial institutions.
(2) In their effort to avoid using traditional financial
institutions, drug dealers and other criminals are forced to
move large quantities of currency in bulk form to and through
the airports, border crossings, and other ports of entry
where the currency can be smuggled out of the United States
and placed in a foreign financial institution or sold on the
black market.
(3) The transportation and smuggling of cash in bulk form
may now be the most common form of money laundering, and the
movement of large sums of cash is one of the most reliable
warning signs of drug trafficking, terrorism, money
laundering, racketeering, tax evasion and similar crimes.
(4) The intentional transportation into or out of the
United States of large amounts of currency or monetary
instruments, in a manner designed to circumvent the mandatory
reporting provisions of subchapter II of chapter 53 of title
31, United States Code,, is the equivalent of, and creates
the same harm as, the smuggling of goods.
(5) The arrest and prosecution of bulk cash smugglers are
important parts of law enforcement's effort to stop the
laundering of criminal proceeds, but the couriers who attempt
to smuggle the cash out of the United States are typically
low-level employees of large criminal organizations, and thus
are easily replaced. Accordingly, only the confiscation of
the smuggled bulk cash can effectively break the cycle of
criminal activity of which the laundering of the bulk cash is
a critical part.
(6) The current penalties for violations of the currency
reporting requirements are insufficient to provide a
deterrent to the laundering of criminal proceeds. In
particular, in cases where the only criminal violation under
current law is a reporting offense, the law does not
adequately provide for the confiscation of smuggled currency.
In contrast, if the smuggling of bulk cash were itself an
offense, the cash could be confiscated as the corpus delicti
of the smuggling offense.
(b) Purposes.--The purposes of this section are--
(1) to make the act of smuggling bulk cash itself a
criminal offense;
(2) to authorize forfeiture of any cash or instruments of
the smuggling offense; and
(3) to emphasize the seriousness of the act of bulk cash
smuggling.
(c) Enactment of Bulk Cash Smuggling Offense.--Subchapter
II of chapter 53 of title 31, United States Code, is amended
by adding at the end the following:
``Sec. 5332. Bulk cash smuggling into or out of the United
States
``(a) Criminal Offense.--
``(1) In general.--Whoever, with the intent to evade a
currency reporting requirement under section 5316, knowingly
conceals more than $10,000 in currency or other monetary
instruments on the person of such individual or in any
conveyance, article of luggage, merchandise, or other
container, and transports or transfers or attempts to
transport or transfer such currency or monetary instruments
from a place within the United States to a place outside of
the United States, or from a place outside the United States
to a place within the United States, shall be guilty of a
currency smuggling offense and subject to punishment pursuant
to subsection (b).
``(2) Concealment on person.--For purposes of this section,
the concealment of currency on the person of any individual
includes concealment in any article of clothing worn by the
individual or in any luggage, backpack, or other container
worn or carried by such individual.
``(b) Penalty.--
``(1) Term of imprisonment.--A person convicted of a
currency smuggling offense under subsection (a), or a
conspiracy to commit such offense, shall be imprisoned for
not more than 5 years.
``(2) Forfeiture.--In addition, the court, in imposing
sentence under paragraph (1), shall order that the defendant
forfeit to the United States, any property, real or personal,
involved in the offense, and any property traceable to such
property, subject to subsection (d) of this section.
``(3) Procedure.--The seizure, restraint, and forfeiture of
property under this section shall be governed by section 413
of the Controlled Substances Act.
``(4) Personal money judgment.--If the property subject to
forfeiture under paragraph (2) is unavailable, and the
defendant has insufficient substitute property that may be
forfeited pursuant to section 413(p) of the Controlled
Substances Act, the court shall enter a personal money
judgment against the defendant for the amount that would be
subject to forfeiture.
``(c) Civil Forfeiture.--
``(1) In general.--Any property involved in a violation of
subsection (a), or a conspiracy to commit such violation, and
any property traceable to such violation or conspiracy, may
be seized and, subject to subsection (d) of this section,
forfeited to the United States.
``(2) Procedure.--The seizure and forfeiture shall be
governed by the procedures governing civil forfeitures in
money laundering cases pursuant to section 981(a)(1)(A) of
title 18, United States Code.
``(3) Treatment of certain property as involved in the
offense.--For purposes of this subsection and subsection (b),
any currency or other monetary instrument that is concealed
or intended to be concealed in violation of subsection (a) or
a conspiracy to commit such violation, any article,
container, or conveyance used, or intended to be used, to
conceal or transport the currency or other monetary
instrument, and any other property used, or intended to be
used, to facilitate the offense, shall be considered property
involved in the offense.''.
(c) Clerical Amendment.--The table of sections for
subchapter II of chapter 53 of title 31, United States Code,
is amended by inserting after the item relating to section
5331, as added by this Act, the following new item:
``5332. Bulk cash smuggling into or out of the United States.''.
SEC. 372. FORFEITURE IN CURRENCY REPORTING CASES.
(a) In General.--Subsection (c) of section 5317 of title
31, United States Code, is amended to read as follows:
``(c) Forfeiture.--
``(1) Criminal forfeiture.--
``(A) In general.--The court in imposing sentence for any
violation of section 5313, 5316, or 5324 of this title, or
any conspiracy to commit such violation, shall order the
defendant to forfeit all property, real or personal, involved
in the offense and any property traceable thereto.
``(B) Procedure.--Forfeitures under this paragraph shall be
governed by the procedures established in section 413 of the
Controlled Substances Act.
``(2) Civil forfeiture.--Any property involved in a
violation of section 5313, 5316, or 5324 of this title, or
any conspiracy to commit any such violation, and any property
traceable to any such violation or conspiracy, may be seized
and forfeited to the United States in accordance with the
procedures governing civil forfeitures in money laundering
cases pursuant to section 981(a)(1)(A) of title 18, United
States Code.''.
(b) Conforming Amendments.--
(1) Section 981(a)(1)(A) of title 18, United States Code,
is amended--
(A) by striking ``of section 5313(a) or 5324(a) of title
31, or''; and
(B) by striking ``However'' and all that follows through
the end of the subparagraph.
(2) Section 982(a)(1) of title 18, United States Code, is
amended--
(A) by striking ``of section 5313(a), 5316, or 5324 of
title 31, or''; and
(B) by striking ``However'' and all that follows through
the end of the paragraph.
SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) Scienter Requirement for Section 1960 Violation.--
Section 1960 of title 18, United States Code, is amended to
read as follows:
``Sec. 1960. Prohibition of unlicensed money transmitting
businesses
``(a) Whoever knowingly conducts, controls, manages,
supervises, directs, or owns all or part of an unlicensed
money transmitting business, shall be fined in accordance
with this title or imprisoned not more than 5 years, or both.
``(b) As used in this section--
``(1) the term `unlicensed money transmitting business'
means a money transmitting business which affects interstate
or foreign commerce in any manner or degree and--
``(A) is operated without an appropriate money transmitting
license in a State where such operation is punishable as a
misdemeanor or a felony under State law, whether or not the
defendant knew that the operation was required to be licensed
or that the operation was so punishable;
``(B) fails to comply with the money transmitting business
registration requirements under section 5330 of title 31,
United States Code, or regulations prescribed under such
section; or
``(C) otherwise involves the transportation or transmission
of funds that are known to the defendant to have been derived
from a criminal offense or are intended to be used to be used
to promote or support unlawful activity;
``(2) the term `money transmitting' includes transferring
funds on behalf of the public by any and all means including
but not limited to transfers within this country or to
locations abroad by wire, check, draft, facsimile, or
courier; and
``(3) the term `State' means any State of the United
States, the District of Columbia,
[[Page H7179]]
the Northern Mariana Islands, and any commonwealth,
territory, or possession of the United States.''.
(b) Seizure of Illegally Transmitted Funds.--Section
981(a)(1)(A) of title 18, United States Code, is amended by
striking ``or 1957'' and inserting ``, 1957 or 1960''.
(c) Clerical Amendment.--The table of sections for chapter
95 of title 18, United States Code, is amended in the item
relating to section 1960 by striking ``illegal'' and
inserting ``unlicensed''.
SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.
(a) Counterfeit Acts Committed Outside the United States.--
Section 470 of title 18, United States Code, is amended--
(1) in paragraph (2), by inserting ``analog, digital, or
electronic image,'' after ``plate, stone,''; and
(2) by striking ``shall be fined under this title,
imprisoned not more than 20 years, or both'' and inserting
``shall be punished as is provided for the like offense
within the United States''.
(b) Obligations or securities of the United States.--
Section 471 of title 18, United States Code, is amended by
striking ``fifteen years'' and inserting ``20 years''.
(c) Uttering Counterfeit Obligations or Securities.--
Section 472 of title 18, United States Code, is amended by
striking ``fifteen years'' and inserting ``20 years''.
(d) Dealing in Counterfeit Obligations or Securities.--
Section 473 of title 18, United States Code, is amended by
striking ``ten years'' and inserting ``20 years''.
(e) Plates, Stones, or Analog, Digital, or Electronic
Images For Counterfeiting Obligations or Securities.--
(1) In general.--Section 474(a) of title 18, United States
Code, is amended by inserting after the second paragraph the
following new paragraph:
``Whoever, with intent to defraud, makes, executes,
acquires, scans, captures, records, receives, transmits,
reproduces, sells, or has in such person's control, custody,
or possession, an analog, digital, or electronic image of any
obligation or other security of the United States; or''.
(2) Amendment to definition.--Section 474(b) of title 18,
United States Code, is amended by striking the first sentence
and inserting the following new sentence: ``For purposes of
this section, the term `analog, digital, or electronic image'
includes any analog, digital, or electronic method used for
the making, execution, acquisition, scanning, capturing,
recording, retrieval, transmission, or reproduction of any
obligation or security, unless such use is authorized by the
Secretary of the Treasury.''.
(3) Technical and conforming amendment.--The heading for
section 474 of title 18, United States Code, is amended by
striking ``or stones'' and inserting ``, stones, or analog,
digital, or electronic images''.
(4) Clerical amendment.--The table of sections for chapter
25 of title 18, United States Code, is amended in the item
relating to section 474 by striking ``or stones'' and
inserting ``, stones, or analog, digital, or electronic
images''.
(f) Taking Impressions of Tools Used for Obligations or
Securities.--Section 476 of title 18, United States Code, is
amended--
(1) by inserting ``analog, digital, or electronic image,''
after ``impression, stamp,''; and
(2) by striking ``ten years'' and inserting ``25 years''.
(g) Possessing or Selling Impressions of Tools Used for
Obligations or Securities.--Section 477 of title 18, United
States Code, is amended--
(1) in the first paragraph, by inserting ``analog, digital,
or electronic image,'' after ``imprint, stamp,'';
(2) in the second paragraph, by inserting ``analog,
digital, or electronic image,'' after ``imprint, stamp,'';
and
(3) in the third paragraph, by striking ``ten years'' and
inserting ``25 years''.
(h) Connecting Parts of Different Notes.--Section 484 of
title 18, United States Code, is amended by striking ``five
years'' and inserting ``10 years''.
(i) Bonds and Obligations of Certain Lending Agencies.--The
first and second paragraphs of section 493 of title 18,
United States Code, are each amended by striking ``five
years'' and inserting ``10 years''.
SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.
(a) Foreign Obligations or Securities.--Section 478 of
title 18, United States Code, is amended by striking ``five
years'' and inserting ``20 years''.
(b) Uttering Counterfeit Foreign Obligations or
Securities.--Section 479 of title 18, United States Code, is
amended by striking ``three years'' and inserting ``20
years''.
(c) Possessing Counterfeit Foreign Obligations or
Securities.--Section 480 of title 18, United States Code, is
amended by striking ``one year'' and inserting ``20 years''.
(d) Plates, Stones, or Analog, Digital, or Electronic
Images for Counterfeiting Foreign Obligations or
Securities.--
(1) In general.--Section 481 of title 18, United States
Code, is amended by inserting after the second paragraph the
following new paragraph:
``Whoever, with intent to defraud, makes, executes,
acquires, scans, captures, records, receives, transmits,
reproduces, sells, or has in such person's control, custody,
or possession, an analog, digital, or electronic image of any
bond, certificate, obligation, or other security of any
foreign government, or of any treasury note, bill, or promise
to pay, lawfully issued by such foreign government and
intended to circulate as money; or''.
(2) Increased sentence.--The last paragraph of section 481
of title 18, United States Code, is amended by striking
``five years'' and inserting ``25 years''.
(3) Technical and conforming amendment.--The heading for
section 481 of title 18, United States Code, is amended by
striking ``or stones'' and inserting ``, stones, or analog,
digital, or electronic images''.
(4) Clerical amendment.--The table of sections for chapter
25 of title 18, United States Code, is amended in the item
relating to section 481 by striking ``or stones'' and
inserting ``, stones, or analog, digital, or electronic
images''.
(e) Foreign Bank Notes.--Section 482 of title 18, United
States Code, is amended by striking ``two years'' and
inserting ``20 years''.
(f) Uttering Counterfeit Foreign Bank Notes.--Section 483
of title 18, United States Code, is amended by striking ``one
year'' and inserting ``20 years''.
SEC. 376. 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. 377. 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 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
[[Page H7180]]
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 and in consultation with Congress,
shall within 2 years after the date of the enactment of this
section, develop and certify a technology standard that can
be used to verify the identity of persons applying for a
United States visa or such persons seeking to enter the
United States pursuant to a visa for the purposes of
conducting background checks, confirming identity, and
ensuring that a person has not received a visa under a
different name 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,
efficacy, and privacy implications of the technology standard
and electronic database system described in this subsection.
(5) Funding.--There is authorized to be appropriated to the
Secretary of State, the Attorney General, and the Director of
the National Institute of Standards and Technology such sums
as may be necessary to carry out the provisions of 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 PORTS 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 from
the United States by that person.
(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 clause (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;
[[Page H7181]]
``(V) to solicit any individual--
``(aa) to engage in conduct otherwise described in this
clause;
``(bb) for membership in a terrorist organization described
in clause (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 clause
(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 the organization
engages in the activities described in subclause (I), (II),
or (III) of clause (iv), or that the organization 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) of such Act (as so amended).
(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) of such Act (as so amended); 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) of such Act (as so amended).
(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 of the House of
Representatives and the Senate, 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.--
[[Page H7182]]
``(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). If the alien is finally determined not to be
removable, detention pursuant to this subsection shall
terminate.
``(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 Deputy
Attorney General. The Deputy Attorney General may not
delegate such authority.
``(5) Commencement of proceedings.--The Attorney General
shall place an alien detained under paragraph (1) in removal
proceedings, or shall charge the alien with a criminal
offense, not later than 7 days after the commencement of such
detention. If the requirement of the preceding sentence is
not satisfied, the Attorney General shall release the alien.
``(6) Limitation on indefinite detention.--An alien
detained solely 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 only if the release of
the alien will threaten the national security of the United
States or the safety of the community or any person.
``(7) Review of certification.--The Attorney General shall
review the certification made under paragraph (3) every 6
months. If the Attorney General determines, in the Attorney
General's discretion, that the certification should be
revoked, the alien may be released on such conditions as the
Attorney General deems appropriate, unless such release is
otherwise prohibited by law. The alien may request each 6
months in writing that the Attorney General reconsider the
certification and may submit documents or other evidence in
support of that request.
``(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
this 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.''.
SEC. 414. VISA INTEGRITY AND SECURITY.
(a) Sense of Congress Regarding the Need To Expedite
Implementation of Integrated Entry and Exit Data System.--
(1) Sense of congress.--In light of the terrorist attacks
perpetrated against the United States on September 11, 2001,
it is the sense of the Congress that--
(A) the Attorney General, in consultation with the
Secretary of State, should fully implement the integrated
entry and exit data system for airports, seaports, and land
border ports of entry, as specified in section 110 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1365a), with all deliberate speed and as
expeditiously as practicable; and
(B) the Attorney General, in consultation with the
Secretary of State, the Secretary of Commerce, the Secretary
of the Treasury, and the Office of Homeland Security, should
immediately begin establishing the Integrated Entry and Exit
Data System Task Force, as described in section 3 of the
Immigration and Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106-215).
(2) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to fully
implement the system described in paragraph (1)(A).
(b) Development of the System.--In the development of the
integrated entry and exit data system under section 110 of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1365a), the Attorney General and the
Secretary of State shall particularly focus on--
(1) the utilization of biometric technology; and
(2) the development of tamper-resistant documents readable
at ports of entry.
(c) Interface With Law Enforcement Databases.--The entry
and exit data system described in this section shall be able
to interface with law enforcement databases for use by
Federal law enforcement to identify and detain individuals
who pose a threat to the national security of the United
States.
(d) Report on Screening Information.--Not later than 12
months after the date of enactment of this Act, the Office of
Homeland Security shall submit a report to Congress on the
information that is needed from any United States agency to
effectively screen visa applicants and applicants for
admission to the United States to identify those affiliated
with terrorist organizations or those that pose any threat to
the safety or security of the United States, including the
type of information currently received by United States
agencies and the regularity with which such information is
transmitted to the Secretary of State and the Attorney
General.
SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON
ENTRY-EXIT TASK FORCE.
Section 3 of the Immigration and Naturalization Service
Data Management Improvement Act of 2000 (Public Law 106-215)
is amended by striking ``and the Secretary of the Treasury,''
and inserting ``the Secretary of the Treasury, and the Office
of Homeland Security''.
SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.
(a) Full Implementation and Expansion of Foreign Student
Visa Monitoring Program Required.--The Attorney General, in
consultation with the Secretary of State, shall fully
implement and expand the program established by section
641(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(a)).
[[Page H7183]]
(b) Integration With Port of Entry Information.--For each
alien with respect to whom information is collected under
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney
General, in consultation with the Secretary of State, shall
include information on the date of entry and port of entry.
(c) Expansion of System To Include Other Approved
Educational Institutions.--Section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C.1372) is amended--
(1) in subsection (a)(1), subsection (c)(4)(A), and
subsection (d)(1) (in the text above subparagraph (A)), by
inserting ``, other approved educational institutions,''
after ``higher education'' each place it appears;
(2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by
inserting ``, or other approved educational institution,''
after ``higher education'' each place it appears;
(3) in subsections (d)(2), (e)(1), and (e)(2), by inserting
``, other approved educational institution,'' after ``higher
education'' each place it appears; and
(4) in subsection (h), by adding at the end the following
new paragraph:
``(3) Other approved educational institution.--The term
`other approved educational institution' includes any air
flight school, language training school, or vocational
school, approved by the Attorney General, in consultation
with the Secretary of Education and the Secretary of State,
under subparagraph (F), (J), or (M) of section 101(a)(15) of
the Immigration and Nationality Act.''.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of Justice $36,800,000
for the period beginning on the date of enactment of this Act
and ending on January 1, 2003, to fully implement and expand
prior to January 1, 2003, the program established by section
641(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(a)).
SEC. 417. MACHINE READABLE PASSPORTS.
(a) Audits.--The Secretary of State shall, each fiscal year
until September 30, 2007--
(1) perform annual audits of the implementation of section
217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(B));
(2) check for the implementation of precautionary measures
to prevent the counterfeiting and theft of passports; and
(3) ascertain that countries designated under the visa
waiver program have established a program to develop tamper-
resistant passports.
(b) Periodic Reports.--Beginning one year after the date of
enactment of this Act, and every year thereafter until 2007,
the Secretary of State shall submit a report to Congress
setting forth the findings of the most recent audit conducted
under subsection (a)(1).
(c) Advancing Deadline for Satisfaction of Requirement.--
Section 217(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1187(a)(3)) is amended by striking ``2007'' and
inserting ``2003''.
(d) Waiver.--Section 217(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(a)(3)) is amended--
(1) by striking ``On or after'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
on or after''; and
(2) by adding at the end the following:
``(B) Limited waiver authority.--For the period beginning
October 1, 2003, and ending September 30, 2007, the Secretary
of State may waive the requirement of subparagraph (A) with
respect to nationals of a program country (as designated
under subsection (c)), if the Secretary of State finds that
the program country--
``(i) is making progress toward ensuring that passports
meeting the requirement of subparagraph (A) are generally
available to its nationals; and
``(ii) has taken appropriate measures to protect against
misuse of passports the country has issued that do not meet
the requirement of subparagraph (A).''.
SEC. 418. PREVENTION OF CONSULATE SHOPPING.
(a) Review.--The Secretary of State shall review how
consular officers issue visas to determine if consular
shopping is a problem.
(b) Actions to be Taken.--If the Secretary of State
determines under subsection (a) that consular shopping is a
problem, the Secretary shall take steps to address the
problem and shall submit a report to Congress describing what
action was taken.
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
[[Page H7184]]
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) or (3), 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, until June
30, 2002, 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 as if the principal alien were not
deceased and as if the spouse or child's visa application had
been adjudicated by September 30, 2001.
(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.
[[Page H7185]]
(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
[[Page H7186]]
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
[[Page H7187]]
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 in
response 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.